When Are Objections ‘Religious’ Objections?: Hobby Lobby, Wheaton College, and Contraceptive Coverage
On June 30th, the Supreme Court of the United States handed down its decision in Burwell vs. Hobby Lobby. The case required the court to consider whether closely held for-profit companies owned by individuals with sincere religious objections to abortion should receive a special exemption from providing healthcare coverage for contraceptives that may act after fertilisation but before implantation of an egg. Coverage of twenty types of contraceptives – including the four specific types that the owners consider to be abortifacients – is otherwise legally required as part of the employer-sponsored health insurance mandated by the Patient Protection and Affordable Care Act 2010 (ACA). For a more in depth overview of the facts of the Hobby Lobby case and the key questions before the court, see my previous post on this blog. Continue reading
Things I’ve learned (so far) about how to do practical ethics
I had the opportunity, a few months back, to look through some old poems I’d written in high school. Some, I thought, were pretty good. Others I remembered thinking were good when I wrote them, but now they seem embarrassingly bad: pseudo-profound, full of clichés, marked by empty rhetoric instead of meaningful content. I’ve had a similar experience today with my collection of articles here at the Practical Ethics blog. And Oh, the things I have learned!
Here are just a few of the lessons that have altered my thinking, or otherwise informed my views about “doing” practical ethics — particularly in a public-engagement context — since my very first blog post appeared in 2011:
In his second Leverhulme Lecture on November 22nd, Professor Tony Coady focused on the issues underlying the common assertion that we ought to exclude religious arguments from deliberations in the political sphere of liberal democratic societies. Coady traces this idea to arguments by Audi and Rawls on ‘secular reasons’ and ‘public reasons’ respectively, which suggest that the sorts of reasons and arguments made in public policy decision-making ought to be secular or neutral, in the sense of being accessible to all reasonable citizens, on the basis of mutual respect.
However, Coady raises a number of questions that demonstrate the problematic nature of this concept of ‘deliberative restraint.’ Perhaps most fundamentally, how can we in practice distinguish between religious reasons and non-religious reasons? Must an argument cite God in order to be considered a ‘religious argument’ or merely appear to be influenced by religious concepts? The later would probably exclude arguments from the natural law tradition or those based on human dignity, which in fact look quite similar to non-religious arguments. Furthermore, how can we know whether an individual accepts a given reason because it comes from a religious source or because it appeals to him independently? Finally, why do we think that mutual respect requires the articulation of only non-religious reasons in the public sphere? It seems religious individuals can demonstrate mutual respect for fellow citizens in many other ways, through respect for procedural and constitutional practices for instance, without excluding religious arguments. Continue reading
VIDEO DEBATE LINKED TO BELOW – ARI KOHEN AND I DISCUSS THE ETHICS OF RELIGIOUSLY-MOTIVATED CIRCUMCISION
Ari Kohen doesn’t like my recent post about circumcision—the one in which I argue that it is unethical to remove healthy tissue from another person’s body without first getting his permission. I then go on to say that religious justifications cannot override this basic principle. Here’s that post again.
Ari is a professor of political theory and human rights at the University of Nebraska at Lincoln. In this blog post, he takes me to task for failing to take seriously the religious commitments of Jews in framing my arguments. And while he gets some things wrong about, for example, the relevance of “sexually-sensitive tissue” to my overall reasoning; and while he misses the point of my bringing up female genital cutting entirely (I’ve since edited my post to clear up any lingering ambiguity) – he is probably right that my approach to debating this issue is unlikely to win me any converts from within the ranks of the religious.
See updated material below – reply to a critic.
Of faith and circumcision: Can the religious beliefs of parents justify the nonconsensual cutting of their child’s genitals?
Circumcising minors on religious grounds amounts to grievous bodily harm according to a German court ruling issued on Tuesday. AFP News reports:
The regional court in Cologne, western Germany, ruled that the “fundamental right of the child to bodily integrity outweighed the fundamental rights of the parents. The religious freedom of the parents and their right to educate their child would not be unacceptably compromised, if they were obliged to wait until the child could himself decide to be circumcised.”
Some Jewish groups are up in arms. They insist that God has “non-negotiably” required that circumcision take place on precisely the eighth day after birth; hence waiting to perform the operation until the child could consent would amount to breaking this keystone covenant with their deity. Using the force of law to delay circumcision, then, is no different from banning it outright, since a delayed circumcision is religiously meaningless.
I don’t find this argument very compelling.
By Brian Earp
Love and other drugs, or why parents should chemically enhance their marriages
Valentine’s day has passed, and along with it the usual rush of articles on “the neuroscience of love” – such as this one from Parade magazine. The penner of this particular piece, Judith Newman, sums up the relevant research like this:
It turns out that love truly is a chemical reaction. Researchers using MRIs to look at the brain activity of the smitten have found that an interplay of hormones and neurotransmitters create the state we call love.
My humble reckoning is that there’s more to “the state we call love” than hormones and neurotransmitters, but it’s true that brain chemistry is heavily involved in shaping our experience of amour. In fact, we’re beginning to understand quite a bit about the cerebral circuitry involved in love, lust, and human attachment—so much so that a couple of Oxford philosophers have been inspired to suggest something pretty radical.
They think that it’s time we shifted from merely describing this circuitry, and actually intervened in it directly—by altering our brains pharmacologically, through the use of what they call “love drugs.”
Serious warning: this post contains nudity as well as images and descriptions of graphic video-game violence. The intended audience for this post is adults.
The U.S. Supreme Court ruled last week, in a 7-of-9 majority, that the State of California may not prohibit the sale of violent video games to minors. Such a ban, the majority argued, restricts the free speech rights of the video-game manufacturers, and is therefore unconstitutional. Read the ruling here.
[note: the original version of this post contained some interactive code, which has been removed from the archives]