“The legal mind, and the bureaucratic mind which is its lowbrow offspring, likes to squeeze the immense vitality of human life into abstract categories.” Categories come to mind such as status and conduct (behavior).
Modernity and plural America contend with customs, predilections, ecumenics, civil/legal/plural definitions, and law and order prerequisites while straining purview of the private as understood by average citizen. Conundrum as inferred by Peter Berger’s essay is where does it all lead in country operating for most part sans abstractions (in a particular or directed manner premised on condition of a thing in eyes of another).
I’ll skip Anthony’s flypaper report and comment on Lusvardi’s analysis of the left’s attempt to eliminate the separation between the public and private spheres by turning every private institution into some sort of public utility. The problem with the private sphere is that it actually cultivates the diversity the left loves to celebrate but really hates because it escapes its hegemony. Lusvardi emphasizes the demodernists’ attempt to escape modern freedom
and alienation. But I think one could go further and say that the left views the private sphere as the breeding ground of bigotry. The private sphere isn’t
just a place where we are confronted with the heretical imperative; it’s a place where people without the guidance of their government betters tend to
make bad choices. So the left wants to “drain the swamp” of privacy.
We see that in Justice Ginsburg’s outrageous claim that the Christian Legal Society’s prohibited exclusion of homosexuals was “cloaked in belief-based garb.” She apparently believes that Berkeley law students
are too intelligent to take seriously the Pauline view of homosexuality, and she was not about to let them hide their homophobia behind religion. Yahoos are sincerely religious bigots; law students are insincerely religious bigots.
The Kemalist response is uniform: politically correct nondiscrimination trumps the free expression of religion. (I differ from Berger here only in not putting my tongue even half-way into my cheek.)
Because the left sees the Bible as a repository of hate speech, I doubt that it would invoke “the Pauline [non-] Separation” to legitimate what Jonah Goldberg
appropriately terms “liberal fascism.” Galatians 3:28: “There is neither Jew nor Greek, there is neither bond nor free, there is neither male nor female: for ye are all one in Christ Jesus.” Lusvardi’s citation is an effective reminder that Christian unity (in Christ, not Washington D.C.) is not bureaucratic.
In California, the State Assembly has passed a bill – Senate Bill 323 – that will eliminate the tax exempt status of ANY organization that excludes members on the basis of sexual orientation or gender identity. The Bill now goes to the State Senate and Governor but the Legislature has a two-thirds supermajority and can pass the bill without the governor’s signature. So this looks like a slam dunk.
The bill is targeted at the Boy Scouts but will also make such groups as 4-H, Young Life, and Youth for Christ go bankrupt and out of existence. This may also put any religious camping facility out of business, including Catholic, Protestant, and Jewish camps. Even if the camps find a way to maintain their tax exempt status they would only be marking time until they would be targeted with lawsuits for turning away some gay group or openly gay person.
So in California we may be seeing the start of the end of what Alexis de Tocqueville termed America’s unique democratic experiment that emanated from religious denominationalism. De Tocqueville wrote: “Democracy extends the sphere of individual freedom, socialism rejects it. Democracy attaches all possible value to each man; socialism makes each man a mere agent, a mere number. Democracy and socialism have nothing in command but one word: equality. But note the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude.”
Surely this law will pass given the current hegemonic Zeitgeist in California, but will be challenged in the courts.
This is why in California same sex marriage and gay rights is a political football and not just a legal or cultural issue. Gays are used as a battering ram and discrimination the legal-rational legitimacy for extinguishing religious freedom and free associations. Surely, if this case winds its way to the State Supreme Court even its “conservative” justices will uphold the law.
Maybe Berger’s parable of the flies is a non-transcendent signal of the legal-rational bureaucratic legitimation of William Goldings’ “Lord of the Flies?”
I think you’re right that there may be some bait-and-switch going on in the pending California legislation. Ostensibly it seeks fairness for gays. But it also seeks to extinguish the religious freedom of Boy Scouts. In the current post, Berger is correct in saying that militant secularism “is the ideology of a quite small group that would not get anywhere through the democratic process and can only work through the courts, the least democratic branch of government.” But if legislatures are more democratic than courts, they, too, can “get somewhere” in opposition to the “general will” or the “collective consciousness.”
Politicians on both the left and right claim to speak in the name of “the American people,” but the general will remains a shadowy concept, not least because, in the absence of intelligent political debate, that will is hard to measure because it is, itself, indeterminate. Does Proposition 8 reflect the will of the people in California? Or Senate Bill 323? A lot depends on how the issues are framed and how plausibly the unintended consequences of legislation are articulated. The current Zeitgeist in California (and not only there) seems to be that, since we are the
people we have been waiting for, all we have to do is be ourselves, and we can do no wrong. We don’t need to think through what we are contemplating; all we need to do is decide whose side we are on—greedy insurance companies or Obamacare; gay marriage or hate; racial preferences or racism; social justice or religious superstition. (Shucks, this is easy– I’m really good on multiple-choice and true-and-false tests!)
The problem is not primarily that, by taking control of the “commanding heights,” a small group of ideologues can imprison the rest of us forever in their reconstructed reality. Way back in “The Precarious Vision,” Berger spoke of God’s attitude toward man’s codes of law, constitutions, and statutes. “We would suggest that, regrettably, God has not read any of them” (p. 193). The primary problem is that it sometimes takes a while for socially constructed stuff to hit the fan. How many lives were ruined by Communism, or by the sexual revolution? So, there is good reason to be worried about unelected judges or SB 323 even if, in the last analysis, our hearts were made only to find rest in Him.
The power to tax is the power to destroy. This isn’t about freedom from some imagined persecution; this is about their freedom to persecute.
“I can’t see Justice Ginsburg as a secularist ideologue. More likely, she
reflects the views of church/state relations that have come to be taken
for granted in the liberal subculture.”
Please explain to us the difference between “liberal subculture” and “secularist ideologue”… I’m not sure there is one.
I wondered about this, too. Perhaps we could use the old Marxist distinction between subjective and objective reality. Ginsburg doesn’t think of herself as a secularist ideologue but only as someone trying to maintain the wall between church and state. She doesn’t notice that every time religion expresses itself, it is held to be in violation of the separation. “Objectively,” she functions as a secularist ideologue.
Peter Berger’s reference to Max Weber brings to mind what could be distinction between legal-rational and “ordinary people” in modernity. That is, modernity reflects consequence of systemic accumulation via testing, technology, sharing knowledge, etc. – in other words science; while for the other side, adherence to ribbed rock beliefs that are unchanging and stretch back thousands of years takes precedence – in other words tradition. Neither Kemalist nor Religionist aptly describes this process as it may reduce down to tempermental inclination.
The current discussion is an offspring of Berger’s prior post on April 3 – “How to End the Wars of Religion and Why This Probably Won’t Work with the War Over the Family” wherein Berger suggested issuing Civil Union licenses to all who want to cohabit (and presumably claim tax deductions for a dependent spouse); and allowing churches to be free to legitimate “marriage” as they see fit as a path to “peace” in the culture wars.
The reason that Berger alludes to why this won’t work is same sex marriage is being used as a wedge by the “cognitive minority” of the Left to gain political power over religion as the superordinate institution of legitimation over religion. As I have stated in a prior post, same sex marriage is a political football — defined as a problem that never gets solved because of the power politics involved.
There are some profound sociological and theological problems with this movement as Berger points out in prior postings. Families of children massacred in Newtown, Connecticut, found solace in traditional mainline churches not in atheist intellectual institutions in academic ghettos. And soldiers cannot be easily asked to lose their lives even for necessary wars based on a non-transcendent secular political ideology. Sure Marxism was the legitimation of revolution to fight for a classless society – but look where that ended up.
As Berger also points out, citing Max Weber, legal-rational legitimation by a cognitive elite produces weak legitimations despite the monopoly of government over force. Even if Prop. 8 — limiting marriage to one man and one woman — in California were overturned by the voters (an eventual likelihood) the dominant majority of voters in California still reflect a cognitive minority of the bulk of the people who live and work in the political middle. If there is one BIG political trend in California it is the rise of the “decline to state” voter. One can only speculate whether the rise of such voters is a consequence of alienation from the dominant political ideology as well as culturally conservative voters who work for government who are fearful of retaliation for openly declaring their political affiliation. Berger’s “Middletowners” of cognitive deviants can perhaps be found in centrist California.
“The elevation of parochial values to the realm of the sacred is a license to dismiss other people’s interest and an imperative to reject the possibility of compromise.” And, it is there where Peter Berger, I think, reveals thrust of militant secularism. He highlights it well when he writes: the matter at issue is tension between the free excercise of religion and the principle of nondiscrimination.