Over on the home page, J.J. McCullough has penned a piece urging a “compromise on transgenderism,” but as I read it, this proposed compromise looks a lot like capitulation. While J.J. rightly notes that the Left has overreached in its “effort to strong-arm sweeping social change as a flex of their power,” he asks conservatives to essentially abandon their central argument and accept the radical left’s premise that a man can be a woman or a woman can be a man. This paragraph stands out:
Though transgenderism is a far rarer phenomenon than homosexuality, I think most adults could admit it does seem like a rather persistent aspect of humanity. Most can probably recall a transgender person making at least some minor appearance in their life. If we concede that transgenderism is not going away, and is not something anyone intends to exert effort toward ending, then Americans, especially conservative ones, should reflect on our culture’s honest and fair attitude toward homosexuality and acknowledge that the most sensible path out of the present acrimony will probably require similar compromise. Some degree of cultural ceasefire and consensus seems the only path for both sides to maintain a degree of pride while avoiding a more radical, disruptive societal transformation. (Emphasis added.)
I can acknowledge that gender dysphoria is a “persistent aspect of humanity,” but I will not concede that gender dysphoria trumps biology, and I don’t think our culture should cease efforts towards “ending” the dangerous notion that men or women should amputate healthy organs in the quest to sculpt their bodies to become something they’re not. Gender dysphoria may not “go away,” but transgenderism is something else entirely. Our culture is in the midst of a live and important dispute over the very nature of biological reality — and over the psychological and spiritual health of hundreds of thousands of precious souls — and now is not the time to abandon the field.
J.J. says that “part one of the compromise will be borne by cultural conservatives and traditionalists.” And what does this compromise require?
It asks for broad tolerance for the reality that transgender men and women exist, and are entitled to basic human dignity, just like everyone else. This does not mean having to morally endorse behavior many may believe runs contrary to God’s plan for a just and healthy society, but it does imply that acts like ostentatiously calling people by pronouns they don’t want, or belittling their personal struggle, are boorish and petty. It means acknowledging that arbitrary discrimination against transgender people is a cruel bigotry like any other.
Wait just a moment. While I’m utterly opposed to boorish behavior, the use of a pronoun isn’t a matter of mere manners. It’s a declaration of a fact. I won’t call Chelsea Manning “she” for a very simple reason. He’s a man. If a person legally changes his name, I’ll use his legal name. But I will not use my words to endorse a falsehood. I simply won’t. We’re on a dangerous road if we imply that treating a person with “basic human dignity” requires acquiescing to claims we know to be false.
I don’t know any serious social conservative who doesn’t believe that a transgender man or woman is entitled to “basic human dignity.” No one is claiming that they should be excluded from the blessings of American liberty or deprived of a single privilege or immunity of citizenship. Any effort to strip a transgender person of their constitutional liberty should be met with the utmost resistance. But that’s not the contemporary legal controversy. Current legal battles revolve around the state’s effort to force private and public entities to recognize and accommodate transgender identities. The justification for this coercive effort is often the state’s alleged interest in preventing so-called “dignitary” harm. Thus, men are granted rights to enter a woman’s restroom, even when gender-neutral options are available. Thus, private citizens are forced to use false pronouns. Girls are forced to allow a boy to stay in their room on an overnight school trip, or they’re forced to compete against boys in athletic competition.
But once you grant the premise that a man is, in fact, a woman, don’t all these consequences flow directly from that concession? After all, existing nondiscrimination statutes are quite clear in their scope. And judicial precedents are increasingly aligning with this new fiction. To “compromise” on identity (including on pronouns) is to end the dispute.
In his own response to J.J.’s piece, Michael Brendan Dougherty asks a key question, “[A]re we allowed to tell the truth?” Increasingly, the answer is no. J.J. compares the modern dispute over transgenderism to current and recent fights over homosexuality. The comparison is instructive, but not in the way that he hopes. There has been no “compromise” over homosexuality. Instead, we’re locked in brutal legal fights over whether Christian bakers and florists can be compelled to use their artistic talents to celebrate gay weddings. Christian colleges have had to fend off challenges to their accreditation and funding (and the Obama administration raised the possibility of challenging their tax exemptions) for simply upholding basic standards of Christian sexual morality. And in California, the new sexual orthodoxy now threatens even the sale of books that deliver a disfavored message not just on sexual orientation but also on sexual conduct.
I understand the desire for social peace. Truly I do. The culture wars are exhausting and divisive. But treating every single human being with dignity and respect means not just defending their constitutional liberties and showing them basic human kindness, it also means telling the truth — even when the truth is hard. Any compromise that requires conservatives to grant the other side’s false and harmful premise is no compromise at all.
The flawed assumption underlying both sides of the intra-conservative debate kicked off by Sohrab Ahmari
We get your holidays off. Most TV shows have a Christmas episode. I’ve heard about “the spirit of Christmas” more times than I can count. There are churches everywhere. The most-watched news network and some of the most popular websites denounce “happy holidays” while issuing fever dream warnings of Sharia law. Visit Israel or a Muslim country and you’ll see what it looks like when Christianity is culturally weak.
But that’s not the type of power culture warriors and defenders of conservative Christianity are talking about.
To get to the supposed crisis, we have to dismiss a lot of political and cultural power. Even then, examining specific instances of encroaching secular culture shows that “no longer dominant in every area, but still powerful overall” is more accurate than “under immense threat and headed for annihilation.”
The Actual Threat
There are, of course, incidents of religious Americans facing discrimination. There are also incidents of non-religious Americans facing discrimination. The question is not “do religious conservatives face any opposition?,” but whether that opposition is so powerful, and conservative Christians so weak, that the threat is existential.
Consider some of the most prominent cases:
Universities and Free Speech
David French cites a lawsuit in which he defended “a conservative Christian professor who was denied promotion because of his faith.” That’s wrong — it’s religious discrimination — and he won in court. There are many universities where no professors were denied promotion because of their religion, and others, such as Bob Jones in South Carolina, that are allowed to utilize religious criteria.
French also cites the work of the Foundation for Individual Rights in Education (FIRE), which he used to lead. I share some of their criticisms regarding campus censorship — see, for example, my article on free speech — but it hardly amounts to social conservatives’ impending annihilation.
As an example of threats to free speech on campus, FIRE maintains a database of disinvitations, in which activists tried to prevent someone they dislike from speaking. From 1998 through 2019, FIRE identifies 427 incidents. Of these, 257 cases involve protests coming from the speaker’s left (not all of which involve religion). That means an average of 11.68 cases per year over 22 years. With about 5,300 colleges and universities in the United States, about 0.2 percent see a disinvitation attempt prompted by the left in a given year.
That’s not the only illiberal activity on campus — and I think many of them deserve criticism — but an existential threat it is not.
Obamacare required health insurance plans to cover contraception, and the owners of Hobby Lobby, a privately-held chain of stores, objected. They’re conservative Christians, and argued that being forced to pay for contraceptives violated their religious freedom.
But they weren’t forced to pay for contraceptives. They compensated their employees with health insurance, and then, if the employee chose to buy contraceptives, the insurance company paid for it. Millions of employees spend their paychecks on things their employers disapprove of, but the employers can’t stop it. There’s no reason non-cash compensation should be different.
What the owners of Hobby Lobby wanted is the type of power Ahmari craves — the ability to impose religious beliefs on others. No one forced them to use contraception. No one even forced them to buy someone else’s contraception. But the possibility that employees might choose to use their health insurance for something the employers didn’t like was too much.
In a 5–4 decision, the Supreme Court ruled in favor of Hobby Lobby. As a result, if you work for a private company, and the owners are religious, they can tell you what you can and cannot do with some of your compensation.
You may be more sympathetic to Hobby Lobby’s position than I am. Either way, no existential threat here.
Gay Wedding Cakes
The 2015, 5–4 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage in the United States. That’s probably the biggest example of social conservatives losing the power to impose their beliefs on others. However, while no church has to perform a gay wedding, and no one has to attend any wedding if they don’t want to, legalization created some situations that impose on religious Americans.
Should religious wedding vendors have to sell to gay couples? It’s a fascinating question, because two fundamental rights come into conflict: equal protection for the couple; freedom of religion for the vendor. In Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court ducked the larger question, deciding 7–2 that the Commission displayed religious animus in its treatment of Masterpiece.
For me, it comes down to what the vendor’s being asked to do. Refusing to sell a standard product — something off the shelf they’d sell to other couples — is blatant “we don’t serve your kind here” discrimination, like banning black people from the lunch counter at Woolworth’s. But if it’s a custom product — something not unreasonably called art — then the government making the vendor do it is coerced creative labor. (I tackled this in greater detail here).
The 2018 fight over Brett Kavanaugh’s conformation to the Supreme Court looms large in social conservative narratives of existential threat. For Ahmari, it’s proof they “face enemies who seek our personal destruction.” Dreher says it “radicalized” him. French agrees that it shows conservative Christians under threat, but argues that Kavanaugh’s confirmation demonstrates why the principles of classical liberalism, such as due process and presumption of innocence, are the best response. (As I said, their debate’s primarily over strategy, not the threat’s existence).
Underlying all of these claims is a staggering presumption of bad faith. Ahmari, Dreher, French and many other conservatives don’t consider the possibility that at least some of the opposition to Kavanaugh might’ve been opposition to Kavanaugh himself, not to American Christians in general.
To get there, you have to assume Christine Blasey Ford was lying, deluded, and/or put up to it, that people who say they believe her allegations of sexual assault are also lying, and that the women who poured their hearts out over their own sexual assaults were crisis actors out of Alex Jones’ imagination, or at least manipulators exaggerating how they feel because of their secret anti-Christian agenda. And you also must dismiss concerns from Americans who think Kavanaugh’s previous experience as a partisan operative isn’t a good fit for the nation’s highest supposed-to-be-impartial body.
Most importantly, you have to ignore the recent Supreme Court confirmations of Neil Gorsuch (conservative and Catholic, like Kavanaugh), Samuel Alito (conservative, Catholic), and John Roberts (conservative, Catholic), none of whom faced accusations of sexual assault. You have to concoct a story where the left wasn’t angry during Gorsuch’s nomination in 2017 — even though they were openly furious that the Senate blocked Obama’s 2016 nomination of Merrick Garland — but developed such fury over the subsequent year that they decided to invent and then pretend to care about accusations of sexual assault.
A lot of people care passionately about the Supreme Court, with many on the left strongly opposed to right-wing positions on abortion, prayer in schools, and other issues involving religion. And there’s no doubt some political operatives oppose every Supreme Court nomination from the other party and will latch onto whatever they can to fight it. But this does not add up to Christians under existential threat.
The Kavanaugh case reveals the fuzziness of the distinction between cultural and political power. According to right-wing culture warriors, winning elections is not a sign of lasting power, because it’s political, not cultural. However, nearly losing — but still winning — a Supreme Court seat is a sign of cultural weakness so menacing that Christians must adapt a crisis mentality.
Social conservatives worrying about cultural annihilation may find all the above examples unconvincing. They all involve institutional power — court rulings, Senate votes — and one of the cultural warriors’ arguments is that conservatives must do anything to hold institutional power as a bulwark against the cultural threat.
Consider, then, the case of Chick-fil-A.
In 2012, the family-owned fast food chain came under fire when the chief operating officer publicly opposed same sex marriage, and it came out that the family’s foundation donated millions to organizations fighting against legalization. In response, LGBT rights activists called for protests and a boycott..
So it went out of business, right? Or if it didn’t, it’s because a court came to the rescue?
Nope. Conservatives rallied to the restaurant’s defense. Sales rose 12% in the aftermath of the controversy, and the chain has continued expanding, growing larger than Burger King or Wendy’s. Activists fought the expansion — here’s one warning of “Chick-fil-A’s creepy infiltration of New York City” — but failed.
It’s Not a Crisis
The Chick-fil-A case encapsulates my argument. Social conservatives face motivated opponents that have some cultural power. But religious conservatives have quite a bit of cultural power too. Plus a lot of judicial and political power. Ahmari’s frame of existential danger is divorced from reality. French’s “immense threat” is overstated.
There’s no question that Christianity is weaker in the United States in the 21st century than it was in the 20th or 19th. Mainstream movies, television, and pop music often portray social conservatives negatively (if at all), and portray things social conservatives disapprove of positively. But what this all adds up to is competing in American society as a large, powerful bloc — not impending annihilation.
The slope isn’t slippery.
Conservative Christians hold the keys to statehouses, House and Senate seats, electoral votes. There’s a friendly majority on the Supreme Court, and friendly judges throughout the system. Christianity has an enduring cultural power, because it’s deeply embedded in American life, and because millions of Americans practice various versions of it every day.
The narrative that religious conservatives face cultural apocalypse is one of the most toxic in American politics. It is one of the biggest causes — not the only cause, but a big one — of zero-sum, no-compromise, fight-over-everything hyper-partisanship. Because after all, if you’re facing extermination, you have no choice.
This logic bears enough resemblance to racist theories of “white genocide” that it should give social conservatives pause.
But it’s also good for political mobilization and media consumption. And a lot of people seem to like thinking of themselves as victims. So I wouldn’t expect it to stop.
Since the Parkland shootings in Florida, Senator Marco Rubio has done many of the things liberals say they are desperate, desperate for decent Republicans to do. He has changed his position on gun control, expressing support for new restrictions: age limits on gun purchases, new background check rules, possibly magazine restrictions. He has co-sponsored legislation encouraging states to issue restraining orders that temporarily would strip people deemed dangerous of their guns.
.. March for Our Lives the students wore price tagsaround their neck, $1.05 each — the amount of money Rubio’s campaigns have received from the N.R.A. divided by the number of students in Florida schools. David Hogg, one of their leaders, began his speech with the price tag line, and told a CNN interviewer that if anything he feels that their attacks on the Florida senator haven’t been provocative enough.
.. Republican majorities were forged by anger and a kind of smash-mouth politics, it’s incumbent upon liberals to give no quarter in return, and to treat any sudden conciliation from a prominent figure like the Florida senator not as an opportunity for deal making but as a welcome sign of weakness that should inspire further fierce attack.
.. The problem, then, is relying on the bipartisan impulses of few Republican politicians when what you need is a broader climate change. The path to that change requires first putting the fear of God (or, if you prefer, the fear of the Arc of History) into vulnerable Republican lawmakers, and then making them unpopular enough that you can simply beat them.
.. he’s precisely the kind of Republican who needs to be defeated to build a Democratic supermajority.
.. the chance to make him the face of G.O.P. intransigence on gun control
.. The deeper logic here is that the only plausible mission for Democrats after the Trumpian takeover of the G.O.P. is a kind of Carthaginian peace: Delenda
.. it seems to me that once conservatism surrendered to Donald Trump, arguments about corrosion became a bit irrelevant.
.. the president that the Florida senator endorsed is as consistently ad hominem as the young school shooting survivors with rather less excuse.
.. one reason that the Dreamer amnesty was an executive decision that Donald Trump could simply reverse, landing us in our current immigration stalemate, was that the Obama White House deliberately chose to make it one, pre-empting an effort by, yes, Marco Rubio to craft bipartisan legislation.
.. Don’t let Republicans disguise their anti-immigrant views with modest bipartisan maneuvers, create a clear contrast so that voters will reward you even if doing so requires pushing certain constitutional limits on your power.
.. if anything Obama’s executive action contributed to Trump’s victory by helping to radicalize conservative voters
.. Marco Rubio who made an extended effort to move the bill in a more middle-class-friendly direction by adding and then enlarging a child tax credit. The push was opposed by many of his Republican colleagues, but for a time Rubio thought that he could get an amendment in with Senate Democrat support.
.. having watched the Trump G.O.P. hold power with a largely negative agenda and an ugly rhetorical style, I can certainly believe that a no-quarter liberalism will gain power eventually in its turn.