After yesterday’s Supreme Court decisions, I’m just so happy about the progress we’re making.

It seems like progress to me because of the narrative line I have for the stretch of history I happen to have lived through since my birth in 1950: We keep widening the circle of sympathy, acceptance, and rights so that our social systems more closely approximate the truly relevant distinctions among us. I’ve seen the default position on the rights of African Americans switch, then the default position on the rights of women, and now the default position on sexual “preferences.” I of course know that none of these social changes is complete, but to base a judgment on race, gender, or sexuality now requires special arguments, whereas sixty years ago, those factors were assumed to be obviously relevant to virtually all of life.

According to this narrative, it’s instructive to remember that the Supreme Court overruled state laws banning racial intermarriage only in 1967. That’s amazing to me. When I was 17, outlawing “miscegeny” seemed to some segment of the population to be not just reasonable but required. It was still a debatable issue. Holy cow! How can you remember that and not think that we’re going to struggle to explain to the next generation that in 2013 there were people who actually thought banning same sex marriage was not just defensible but required?

So, I imagine a conversation (and, yes, I know I’m making it up) with someone angry about yesterday’s decisions. Arguing over which differences are relevant is often a productive way to proceed. You say that women’s upper body strength is less than men’s, so women shouldn’t be firefighters, but we can agree that if a woman can pass the strength tests, then she should be hired. Or maybe we argue about how important upper body strength is for that particular role. You say that women are too timid, and I say that we can find that out by hiring some, but at least we agree that firefighters need to be courageous. A lot of our moral arguments about social issues are like that. They are about what are the relevant differences.

But in this case it’s really really hard. I say that gender is irrelevant to love, and all that matters to a marriage is love. You say same sex marriage is unnatural, that it’s forbidden by God, and that lust is a temptation to be resisted no matter what its object. Behind these ideas (at least in this reconstruction of an imaginary argument) is an assumption that physical differences created by God must entail different potentials which in turn entail different moral obligations. Why else would God have created those physical distinctions? The relevance of the distinctions are etched in stone. Thus the argument over relevant differences can’t get anywhere. We don’t even agree about the characteristics of the role (e.g., upper body strength and courage count for firefighters) so that we can then discuss what differences are relevant to those characteristics. We don’t have enough agreement to be able to disagree fruitfully.

I therefore feel bad for those who see yesterday’s rulings as one more step toward a permissive, depraved society. I wish I could explain why my joy feels based on acceptance, not permissiveness, and not on depravity but on love.

By the way, my spellchecker flags “miscegeny” as a misspelled word, a real sign of progress.

Categories: culture, philosophy, politics dw