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morriswalters wrote:guenther, some questions. Is it ever possible for the Religious to encapsulate their views so that I don't need to be bound to their will on things we differ on which are a matter of their faith? This is the expression of fact in two separate debates in Society. Abortion and Creationism. I accept that the Faithful choose not to practice reproductive practices as I do, can they accept my right to do so according to my conscience even if it means that I will practice abortions? Can they accept that in the common association of Society that we teach to those who participate in the Common Society only those things based in the best fact available and not those cloaked as Science that are instead faith. If we can't accept those two opposing positions isn't this a metric of harm. If I take from you the practice of your Faith, applied to yourself you would be diminished. If you take from me the right to practice my Faith, on me, am I not diminished? But when we speak of this separation of Church and State, do we mean the absolute separation? That means the right to practice your faith without interference. And I mine. Are either of us willing to accept what that implies? Given that how do we define the commonalities which we need as a Society, and those things that we only want as groups, without diminishing either? Just thinking in print.
Earl Grey wrote:Guenther, with regards to "shaping the process", what does this mean for you? I'm just looking for a more explicit detailing of what the process is, what shaping it means, and how faith does this.
morriswalters wrote:I don't ask that you to turn off anything. But by framing the issue on the basis of your Faith and asking the Government to Codify the issue based on your Faith, you essentially are forcing the Government to establish your Religion as the arbiter of my beliefs be they Religious or not. I don't judge that, it may be impossible to avoid, I ask you only to consider that point of view. The salient question is how much should either of us have to give up so that neither of us are diminished? That is my metric of harm. I'll frame the question in this manner. Is it possible for you to accept the potential harm that may come to a unborn child to allow me to live as freely of you as I can?
guenther wrote:And does this question get clearer when people don't frame it in terms of faith? What is the secular way to decide this conflict of rights? To be free of what you see as the government arbitrating on religion, how should religious people participate without just giving up their voice to secular folks?
Bertrand Russell wrote:Not to be absolutely certain is, I think, one of the essential things in rationality.
Richard Feynman & many others wrote:Keep an open mind – but not so open that your brain falls out
guenther wrote:Your metric of harm is considering you and the anti-abortionist, but it is not considering the unborn baby. How much can you diminish that life such that you can be as free as possible? I'd argue that this is the salient point on abortion. It's not simply about people imposing on each other how to live (like in gay marriage).
And does this question get clearer when people don't frame it in terms of faith? What is the secular way to decide this conflict of rights? To be free of what you see as the government arbitrating on religion, how should religious people participate without just giving up their voice to secular folks?
jules.LT wrote:The way we do it in France is by excluding all religious talk from politics. People can push for family values and the rights of the unborn as much as they like, as long as they don't mention "God". And if they do, there's a public outcry. One of those reasons why I love my country
morriswalters wrote:The use of the word secular obscures this point. Just like the word Religious. We codify the process in law, this conflict between certainty of belief. We attempt to find the middle ground.
morriswalters wrote:The unborn, for instance, is not the center of the question. We have come to different conclusions about the importance of the unborn based on our respective Faiths.
guenther wrote:jules.LT wrote:The way we do it in France is by excluding all religious talk from politics. People can push for family values and the rights of the unborn as much as they like, as long as they don't mention "God". And if they do, there's a public outcry. One of those reasons why I love my country
Is there any legal restriction on mentioning God when defending that issue? Or is this public outcry just an expression of popular opinion on how the debate should be handled? I'm just curious since I don't know much about the French system.
Bertrand Russell wrote:Not to be absolutely certain is, I think, one of the essential things in rationality.
Richard Feynman & many others wrote:Keep an open mind – but not so open that your brain falls out
morriswalters wrote:More later, but, I'm suggesting that asking people to not act on their beliefs puts to much of a burden on them, no matter their belief. Be it you or me. My question, in that light, is how far do we go to make each other as whole as we can be. Can we recognize that in the public domain that it exists to let as many different Faiths as there are to exist together. Rather then setting ceilings we should set floors. Is there a minimum statement of law that would provide us, together, something, even if it is not everything we want?
jules.LT wrote:No legal issue, just popular contempt for religion as an argument for policy(and attachment to secularity)
On second thought, nobody pushes for the rights of the unborn here. Family values is where it stops.
guenther wrote:What are you saying that an absolute separation of church and state implies? That people have to turn off their religious parts of their brain when deciding on issues like abortion? I'm no legal expert, but my understanding is that the freedom of religion clause is about the government establishing a religion or restricting your right to practice your religion. If abortion was a religious activity for you, then maybe there's something to that. But people voting based on their religion-based conscious does not mean that the government is endorsing any religion. (People with more legal knowledge feel free to correct me if I'm wrong.)
Bertrand Russell wrote:Not to be absolutely certain is, I think, one of the essential things in rationality.
Richard Feynman & many others wrote:Keep an open mind – but not so open that your brain falls out
The Great Hippo wrote:Arguing with the internet is a lot like arguing with a bullet. The internet's chief exports are cute kittens, porn, and Reasons Why You Are Completely Fucking Wrong.
Drumheller769 wrote:It's because its a religious view combined with a (majority of people) view of murder being bad. The religious view being that the fetus is a person, thus abortion = murder. Other than changing the religious view, which for most probably wont happen, I don't really see a way around the problem.
Drumheller769 wrote:It's because its a religious view combined with a (majority of people) view of murder being bad. The religious view being that the fetus is a person, thus abortion = murder. Other than changing the religious view, which for most probably wont happen, I don't really see a way around the problem.
morriswalters wrote:My position would be that the Government on the whole should be mute on the issue. Some of the Religious on the other hand believe that Government should codify their Faith, their belief that aborting the unborn is immoral.
jules.LT wrote:Well, tolerance has to stop somewhere: excision and infibulation are illegal in most Western countries, as they should be...
Abortion happens to be at the tipping point, and the religious majority in the US does not accept that it should be tolerated
LaserGuy wrote:Abortion is a complex and nuanced issue, why does it have to be absolutely "decided" as legal/illegal, rather than keeping it purely as an issue of conscience ("I will not have an abortion" versus "I will have an abortion"), and accepting that other people may feel differently about the issue?
LaserGuy wrote:Consider an inverted case: under my atheistic worldview, I might reasonably consider the practice of circumcision to be abhorrent and abusive to children. Should I then lobby the government in order to ban the practice, even though it would adversely affect many religious communities*, as was the case in California (I think)? Or should I accept that, while circumcision is a cultural practice that I find personally repulsive, that other people have differing opinions on the subject, and that I should not attempt to impose my value system on them, even though I believe that banning the practice would be correct and moral to do? To my mind, separation of church and state implies the latter opinion: Since the religious and irreligious agree on the vast majority of morality anyway, we should not attempt to force our values upon each other for these marginal cases, but rather, should try to reach a consensus position between the groups through informed discussion and debate.
guenther wrote:LaserGuy wrote:Abortion is a complex and nuanced issue, why does it have to be absolutely "decided" as legal/illegal, rather than keeping it purely as an issue of conscience ("I will not have an abortion" versus "I will have an abortion"), and accepting that other people may feel differently about the issue?
Are you saying that keeping abortion is some legally murky area is better? Having the law be clear is a very good thing.
guenther wrote:LaserGuy wrote:Consider an inverted case: under my atheistic worldview, I might reasonably consider the practice of circumcision to be abhorrent and abusive to children. Should I then lobby the government in order to ban the practice, even though it would adversely affect many religious communities*, as was the case in California (I think)? Or should I accept that, while circumcision is a cultural practice that I find personally repulsive, that other people have differing opinions on the subject, and that I should not attempt to impose my value system on them, even though I believe that banning the practice would be correct and moral to do? To my mind, separation of church and state implies the latter opinion: Since the religious and irreligious agree on the vast majority of morality anyway, we should not attempt to force our values upon each other for these marginal cases, but rather, should try to reach a consensus position between the groups through informed discussion and debate.
Circumcision is a religious practice, and thus banning it does restrict religious rights. Restricting abortion does not trampling any religious rights since no one uses that as part of a religious ceremony (as far as I know). And further, such a restriction is not establishing a religion any more than any law protecting people establishes a religion. In my non-expert opinion, separation of church and state is not an issue here. But maybe I'm wrong. Can someone point to a case where this argument has gained legal traction?
guenther wrote:But even granting the Establisment Clause, I do think you have just as much legal right to petition for a ban on circumcision, and such a position should be treated with respect even by those who disagree. But even here the analogy isn't quite perfect. We all agree that babies should be protected, we just disagree on whether circumcision is harmful (or should even be considered mutilation). Abortion is without question harmful since it is killing life, but we differ on whether such a life should be legally protected.
guenther wrote:First, if the government says abortion is legal, then it is not mute on the issue. Second, I think part of the problem of no middle ground comes from people capturing the issue as if there's precisely two sides: abortion legal, abortion illegal. But the morning after pill and partial-birth abortion are very different, and many people have different moral feelings about each. (I'm not sure if the morning after pill actually counts as abortion, but hopefully my point is clear nonetheless.)
Also, you mention "codifying their Faith" again. Your interpretation of the Establishment Clause makes religious people less free in how they participate in policy debates. If you wanted to have your faith codified into law, the government is not in any danger of establishing a religion since you don't have one. So how do religious people gain that same freedom without giving up their religion?
I had a response to your point on tolerance, but it basically got absorbed into what I say to jules.LT below.
LaserGuy wrote:Restricting abortion certainly tramples other rights. Many of the rights that it restricts (eg. security of person) are normally much higher on the relative hierarchy of importance than religion. While circumcision is a religious ceremony, so are the virgin sacrifices to Pelee that we discussed earlier. Clearly we have no problem restricting religious practices when they are a severe detriment of the common good. The comparison between abortion and circumcision is actually pretty apt, I think. From your point of view, in abortion a woman is exercising her right to the detriment of the fetus-person's right to live; from my point of view, in circumcision, parents are exercising their religious freedom to the detriment of their child's right to bodily autonomy. In both cases, the afflicted party is non-consenting.
LaserGuy wrote:Well, yes, I agree that I should have the legal right to petition for a ban on circumcision. I strongly disagree that I should ever exercise such a right. From the secular viewpoint I am attempting (perhaps unsuccessfully) to describe, it is in the best interests of everyone to only legislate the common morality, and allow each person to follow their conscience on issues where there are significant differences of opinion.
morriswalters wrote:A) Tell me why my beliefs are not as important as yours.
B) Tell me what you lose.
C) Tell me how you know that a baby is a person.
D) Tell me that you can't see a difference between practicing your Faith, and and writing laws which reflect it.
morriswalters wrote:I should be honest and tell you that I chose the ground to highlight the differences purposefully. If you are going to be open an tolerant this is where you need to look. You find the limit of your tolerance when someone pushes at a boundary which you don't want them to cross. It's easy to be friendly when there is nothing to be unfriendly about.
guenther wrote:I don't worry about the personhood debate since it's really just a proxy for granting the right to life.
guenther wrote:Your interpretation of the Establishment Clause makes religious people less free in how they participate in policy debates.
If you wanted to have your faith codified into law, the government is not in any danger of establishing a religion since you don't have one. So how do religious people gain that same freedom without giving up their religion?
Soralin wrote:I don't think it is just a proxy. I mean, if religious people think that minds come from souls, and non-religious people think that minds come from brains, it seems like that could be a huge point of disagreement in what people think is a person. And another example of how you can't confine a belief in a box, can't restrict your faith to certain things and expect it to go no further.
morriswalters wrote:guenther wrote:Your interpretation of the Establishment Clause makes religious people less free in how they participate in policy debates.
If you wanted to have your faith codified into law, the government is not in any danger of establishing a religion since you don't have one. So how do religious people gain that same freedom without giving up their religion?
How should I interpret this then? Having my faith codified into law. What have I asked of the law. I have asked nothing.
morriswalters wrote:You constantly claim I am asking you to surrender something. What? How do you define the practice of your Religion? Abortion is a moral debate, not policy. I've given you a metric for law. I'll even use words you might, do unto others as you would have them do unto you. Right to Life, Personhood, it's the same thing warmed over, what is your basis for supporting or not supporting abortion? What practical basis do you offer to have any law other than Roe v Wade?
guenther wrote:None of my position is based on religion or the Bible any more than my view that a newborn baby deserves to have their life protected.
guenther wrote:This is about following through on your legal interpretation of the Establishment Clause. It's not meant to be about what you're doing or what you believe nor the quality of your beliefs. And it's not about the current balance of power between religion and the secular. It's a theoretical legal argument, and my point is that your interpretation leads to something silly, therefore something is probably wrong with it. And further this was part of a bigger argument about how abortion and freedom of religion are unrelated.
LaserGuy wrote:Let me run with this for a moment. Suppose that your position on abortion was based exclusively on your religion. You believe that abortion is murder/immoral/whatever because that is what your religion preaches, and that it is a stated belief and practice of your religion that abortion should be made illegal, and opposition to such a position would put you in the disfavour of your chosen deity and/or the religious authorities responsible for carrying out your chosen deity's will on Earth. If the state were to pass legislation at the behest of such a group banning abortion, would that be in violation of the Establishment Clause? I think conceivably it might--I would venture that it might fail either of "The government's action must not have the primary effect of either advancing or inhibiting religion;" or "The government's action must not result in an "excessive government entanglement" with religion" cases of the Lemon Test.
morriswalters wrote:Law should happen when I say I don't want you to do something to me. The law on abortion should play to that point. The moment the fetus can exist outside the womb, then it can have a point of view and is able to say I don't want you to do something to me. In other words the child gains no legal rights until that point. That point is arbitrary and is the lowest common denominator, where we can all say this is the place where we lose doubt and know, not at the place we believe we know. This is how I define tolerance.
Peter Singer wrote:When death occurs before birth, replaceability does not conflict with generally accepted moral convictions. That a fetus is known to be disabled is widely accepted as a ground for abortion. Yet in discussing abortion, we saw that birth does not mark a morally significant dividing line. I cannot see how one could defend the view that fetuses may be 'replaced' before birth, but newborn infants may not be. Nor is there any other point, such as viability, that does a better job of dividing the fetus from the infant. Self-consciousness, which could provide a basis for holding that it is wrong to kill one being and replace it with another, is not to be found in either the fetus or the newborn infant. Neither the fetus nor the newborn infant is an individual capable of regarding itself as a distinct entity with a life of its own to lead, and it is only for newborn infants, or for still earlier stages of human life, that replaceability should be considered to be an ethically acceptable option.
morriswalters wrote:It's an arbitrary point where we can say this is a reason to put a limit here. SCOTUS settled there for a reason, it's the only point you can reach by an act of Reason that requires no belief, only a statement of fact. I'm not interested in what Philosophers believe, what the pope believes, or what my next door neighbor believes. I'm only bound by fact and by and what I believe.
It's called the age of viability because that is a fact. And I accept that at that point it is as good as it can be, given the differences in beliefs. I'm intolerant of everyone, but I can't escape them, so I am required to live with them. And I can live with that. What I want to know is can the Religious? If they can't then we are left with a fight, pure and simple. This has nothing to do with the practice of our beliefs, it has to do with recognizing belief as different then facts.
sourmilk wrote:Well, I'm still technically correct. The best kind of correct.
morriswalters wrote:That point is arbitrary and is the lowest common denominator, where we can all say this is the place where we lose doubt and know, not at the place we believe we know.
...
I'm not interested in what Philosophers believe, what the pope believes, or what my next door neighbor believes. I'm only bound by fact and by and what I believe.
morriswalters wrote:I'm intolerant of everyone, but I can't escape them, so I am required to live with them. And I can live with that. What I want to know is can the Religious? If they can't then we are left with a fight, pure and simple.
guenther wrote:LaserGuy wrote:Let me run with this for a moment. Suppose that your position on abortion was based exclusively on your religion. You believe that abortion is murder/immoral/whatever because that is what your religion preaches, and that it is a stated belief and practice of your religion that abortion should be made illegal, and opposition to such a position would put you in the disfavour of your chosen deity and/or the religious authorities responsible for carrying out your chosen deity's will on Earth.
Do you see the conflict coming from how the ban is promoted, i.e. framing the argument in a religious way?
guenther wrote:Also, this interpretation puts religious people who derive their whole moral system from religion at a disadvantage in policy debates. Anything they promote could be seen as entangling their view with government. But a secular person is not so disadvantaged, no matter what position they take, even if they agree to the exact same policy. The secular voice is stronger.
morriswalters wrote:guenther that's a simple way of saying that I will practice what I believe and I will agree to any to any law that can be stated as a matter of fact. I'll try an analogy. I'm walk down the road and I see a guy at a high bridge. He says that the Big Oyster revealed to him that he can jump off and not be hurt. He tells me I should jump with him. I would say to him, hey go ahead and jump but I'm not going to. You may believe that you can and maybe you can, but I don't believe I can, I'll walk down and see you at the bottom to see if Big Oyster can do it. I'll let him jump, but I need facts to jump with him. As to your second I would agree, at this point in time.
LaserGuy wrote:No, I'm talking about a (somewhat) hypothetical religion where opposition to abortion is a fundamental tenant of that faith. It isn't, in this example, an issue of framing the abortion debate in religious language or not; it is a core belief that all of their adherents are required to adopt in order to maintain membership with said religious group.
Earl Grey wrote:You're right when you say any group has bias. I think you're wrong when you say that faith isn't a strengthening factor.
Earl Grey wrote:What is exclusively religious territory is basing feelings and/or actions on unprovable and un-falsifiable claims, and requiring belief in such claims in order to identify with the group.
Earl Grey wrote:Group co-operation was once the most important factor in the advancement of our species, and religion does excel in aiding this. While it is still very important, objective knowledge has now become the more important factor. Since the scientific method was widely proliferated, the benefits to humanity have been unprecedented. It's central tenet, that nothing is true until unequivocally demonstrated to be so, is actually the exact opposite belief to what our brains are programmed to do naturally. Critical thinking, science... they are neurologically difficult to do, but are the only reliable way of winnowing out the objective truth from the vast field of errors we are so prone to. This being the case, we need less certainty, more doubt, more critical thinking. This means less use of faith. Not necessarily less religion (though that may be a side effect), but less certainty in religion, and everywhere. This being said, many religious groups do embrace science. I would even argue most religious people compartmentalize their faith quite responsibly. I don't think faith will ever disappear (not anytime soon anyway), but improved compartmentalization should continue. What religions ought to do is craft more theologies that promote the sacredness of doubt and legitimize challenging beliefs in general (this is happening in small pockets, but it should be spread). This will mean the loss of a lot of adherence to tradition, but this is a sacrifice worth making.
guenther wrote:The problem with the analogy is that we can sit back and observe if that guy will be hurt or not. This is objectively verifiable. But we can't observe when fetus/baby develops papers granting them the right to life. This is a subjectively defined line. And a line where the least common denominator exists in a very uncomfortable spot for most people.
morriswalters wrote:But determining if a child gets those papers is a matter of what you believe. Picking that point wasn't meant to make anyone comfortable. It's arbitrary. But it's value lies in the fact that it is no longer a question of what we believe, it's a question of what we know. If the law takes any other position then it is taking the point of view of some ones beliefs. You state this in the section I bolded.
guenther wrote:LaserGuy wrote:No, I'm talking about a (somewhat) hypothetical religion where opposition to abortion is a fundamental tenant of that faith. It isn't, in this example, an issue of framing the abortion debate in religious language or not; it is a core belief that all of their adherents are required to adopt in order to maintain membership with said religious group.
It's not hypothetical. There are groups that do this. And there are more groups that will hold you in disfavor even if they don't revoke your membership. And you seem to think it's a win by legally disenfranchising their voice. Let me just say that I'm glad such legal hypotheticals are just the stuff of internet chat rooms and are not (as far as I know) in any way gaining legal traction.
Change "but from birth forwards we all agree" to "but from the point where we know a fetus could be born alive, we can all agree that it is alive," and you have it. As I said, a unsatisfying point where we all can agree.guenther wrote:We don't all agree that the unborn baby should have the right to live, but from birth forwards we all agree, and thus this is the point of tolerance in the law.
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