The Gray Zone


Isaac Chotiner in The Nation:

When Justice Antonin Scalia dissented from the majority opinion in Lawrence v. Texas(2003), the case that struck down the Lone Star State’s anti-sodomy law, he wrote, “If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ for purposes of proscribing that conduct…what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘[t]he liberty protected by the Constitution?’” The more recent decision in United States v. Windsor—which did not legalize gay marriage in all fifty states—allowed Scalia to make another slippery-slope prediction: “By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition.” Scalia’s views are odious, but it’s hard to look at the history of the issue and doubt that he is right: gay marriage is coming to all fifty states, and he can’t do a thing about it.

To John Gray, the British philosopher, political theorist and wide-ranging cultural critic, the optimistic narrative I have sketched is another example of fanciful, misguided optimism. According to Gray, human flourishing is cyclical, and does not inevitably increase over time. Advances are followed by setbacks, and eras of peace by horrific wars. Unprecedented developments in medicine, science and women’s rights in the first half of the twentieth century were succeeded by the worst conflict in human history. Jim Crow came after Reconstruction. And revolutions that initially seemed to offer the promise of more freedom—whether in France or Iran or Egypt today—have led to violence and depravity, if not chaos. One imagines Gray arguing that of course the Western world could see a further entrenchment of gay rights; at the same time, an unknown series of events might lead to the reverse scenario. All we know is that we don’t know.

More here.