E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The new, coronavirus-inspired surge of anti-vaccine blather can
teach us something important about an issue that might seem entirely unrelated:
the controversy over gay rights and religion, which I’ve just written a book about.
Anti-vaccine activists have been a public health hazard for many
years.Now they have become even more
dangerous: they are mobilizing in anticipation of a
Covid-19 vaccine, which they see as more dangerous than the pandemic itself.This alarming development comes with a valuable lesson: people
can be badly wrong without being evil.
The anti-vaccination movement is based on a combination of wild
conspiracy theories and bogus expertise.In recent years, it has become increasingly influential.Childhood vaccinations have dropped, and
measles, once eradicated from the United States, is returning.Now they present a real danger to efforts to
end the Covid-19 pandemic.
There are undoubtedly some reprehensible people in the antivaxx
movement.The spurious study that
purported to find a link with autism was based on deliberately falsified data,
by Andrew Wakefield, a doctor with massive financial conflicts of
interest who has since been barred from practice.Judy Mikovits, whose ideas are the basis of
the widely
seen, wildly
dishonest “Plandemic” video, is delusional.
But most antivaxxers are decent people.Many are parents who want their children to
be safe.Some of them have autistic
children, and are grasping for an explanation.Refuting them is important, and isn’t easy.
But it would be daft to claim that they want to hurt children.We can disagree with them, even mobilize
against them, without demonizing them.Otherwise decent people sometimes hold wrong and destructive
beliefs.
There is a lesson here for the gay rights/religion controversy, the
source of some of the bitterest divisions in American politics.Many on each side of that divide think that
their counterparts are motivated by irrational hatred – either hatred of gay
people or hatred of conservative Christians.The liberals think that the conservatives are the moral equivalent of
racists, to be treated with comparable disdain.The conservatives feel isolated and vulnerable, and that led them to
support Trump, who grotesquely violates their ideals but who promised to
protect them.
About a third of Americans think, most of
them for religious reasons, that homosexual sex is never
morally acceptable.They honestly embrace
the sexual ethics that their religions have taught for centuries.They take those teachings seriously.They believe that life and morality make no
sense without a religious basis.(Of
course, not all believers think that those traditions condemn as immoral any
sexual activity outside heterosexual marriage.Every major religion is divided on that question.)
I, like most Americans, reject that view.But I worry that many who agree with me tend
to caricature their opponents, and so make this issue unnecessarily
bitter.A majority of the U. S.
Commission on Civil Rights spoke for many when it declared in 2016
that proposals for religious accommodation “represent an orchestrated,
nationwide effort by extremists to promote bigotry, cloaked in the mantle of
‘religious freedom,’” and “are pretextual attempts to justify naked animus
against lesbian, gay, bisexual, and transgender people.”That just isn’t true.
The suggestion that our adversaries know they are wrong, and are
just pretending to disagree with us because they are horrible people, has a
certain smug charm.Americans of all
political persuasions are increasingly ensnared by that temptation.It produces the toxic polarization that is
tearing the country apart.
In the most prominent cases, the bakers and florists who refuse
to serve same-sex weddings, conservative Christians have been willing to endure
huge fines, and sometimes the destruction of their businesses, rather than
facilitate what they believe to be sinful conduct.In some of the cases they had previously been
friendly with the gay complainants.You
may not like their ideals.I don’t.But idealists is what they are.
A central challenge of modern politics
is to tell a story of who Americans are in which each faction can recognize
itself and see a home for itself.
Part of America’s promise has always been
to be a place where diversity can flourish.We all ought to be proud of this common identity:we are a society that, as much as possible,
makes room for the enormous range of human variation.That is one message of the rainbow flag.Religious conservatives should find that
there is a place here for them too.