Testing Tolerance

Until now I have tried to stay above the fray involving Chick-fil-A.  I post this only to say that the main point of an editorial in today's The New York Times strikes me as correct:  Government officials, such as the mayors of Boston and Chicago, the Speaker of the New York City Council, and an alderman of Chicago, ought not to discriminate against a lawful business enterprise on the basis of the personal views of the business owner.  Those officials have said that they would block additional expansion of Chick-fil-A franchises in their jurisdictions.

The editors at the Times, as well as NYC mayor Michael Bloomberg, hold a view of the permissible parties involved in and the moral nature of marriage that is opposed to that of Chick-fil-A owner Dan Cathy.  What they both accurately recognize, however, is that the public relations campaign and business threats by government officials against Mr. Cathy amount to intolerance of his religious beliefs and his entitlement both to hold and to express them.  As Mr. Bloomberg is quoted in the editorial as saying, “You can’t have a test for what the owners’ personal views are before you decide to give a [business] permit to do something in the city.”

The Chicago and Boston mayors', the NYC councilwoman's, and the Chicago alderman's views are intolerant because they seek to deny public rights (the rights to pursue property and lawful enterprise) as an attempt to censure private rights (the rights to free religious belief, free speech, and liberty of conscience).  These officials may attempt this in protest to, or as an expression of disagreement about, some other closely-held matter, but they are still intolerant.

And they are intolerant, moreover, because they deny in practice something at the heart of political liberalism, the fact of reasonable pluralism.  In a contemporary democratic society, John Rawls observes, the fact of reasonable pluralism is "the fact of profound and irreconcilable differences in citizens' reasonable comprehensive religious and philosophical conceptions of the world, and in their views of the moral and aesthetic values to be sought in human life" (Rawls, Justice as Fairness, 3).  The government officials do this -- deny in effect the fact of reasonable pluralism -- precisely by seeking to banish from their political communities (because they cannot be tolerated) those who differ in moral and civic viewpoints from them.  They do not accept profound and irreconcilable differences in worldview; they wish to eliminate them.  The officials make no room for public debate about how to balance in the community all agreed upon liberties with those that may be disputed.  In fact, they make little to no room for the exponents themselves who hold and express differing viewpoints.

In this vein, a creative thought experiment was narrated by Mona Charen in a column that she titled "Al-Rahim and Chicago Values."  She describes a situation in which a Muslim business owner of convenience stores articulates to a Muslim periodical his belief in the traditional, Quranic view of marriage, which is a man's having not more than four wives.  Apparently this differs from the view of marriage held by the mayors of Chicago and Boston, who go on record that they will do all within their power to prevent him from opening up more convenience stores in their cities, because his personal beliefs about heterosexual matrimony are at odds with their and their cities' approach to marriage and civil unions.  What would the response be to this Muslim man's comments?

This is a thought experiment, because it is retelling the story of Mr. Cathy as Mr. Al-Rahim, the story of a Christian businessman's expression of his personal viewpoint as the story of a Muslim's.  As Ms. Charen explains, "Rahim is an invention to illustrate the selective outrage of liberal Democrats. It is simply impossible to imagine that liberal Democrats would treat affirmations of Muslim faith with the kind of bullying that Cathy and Chick-fil-A have received.  Yet Islam is at least as doctrinally tough on homosexuality as Christianity is, and considerably tougher in practice."

The fact of reasonable pluralism, as Prof. Rawls understands it, is an unavoidable fixture of contemporary democratic republics such as the one in the United States.  It is also, as the present brouhaha attests, difficult to navigate in conjunction with a commitment to the core and treasured liberties of the moderns:  freedom of thought, speech, property ownership, and liberty of conscience.  (I borrow the phrase "liberties of the moderns" from Prof. Rawls; see Justice as Fairness, 140-45.)  As much as definitions of fairness still need to be clarified carefully, about which I wrote in a previous post, so, too, does the concept of tolerance.

Tolerance of a belief is not the same as acceptance of that belief.  In my view, however, in common, everyday practice, tolerance has become in many people's minds synonymous with conforming to, or acceptance of, their viewpoint.  This conception of tolerance is the converse of the popular conception of intolerance:  If you accept my view about P, then you are tolerant; if you do not accept -- do not agree with, do not conform to -- my view about P, then you are intolerant.  Disagreement is designated intolerance; reasonable difference of opinion is often quickly labeled bigotry.

But this popular conception, where it prevails, not only may serve as easy ad hominem argumentation.  This conception evacuates tolerance of all its meaning, for tolerance assumes non-acceptance.  It presupposes disagreement.  It says that a differing viewpoint and the one who holds it are not to be excluded from public discourse and the public square.  Reasonable disagreement will be endured and respected -- tolerated.  By contrast, to be intolerant is to be unwilling to grant equal freedom of expression or to penalize people unjustly for making free expressions.

The fact of reasonable pluralism tests real and workable conceptions of tolerance.  We may not agree with the fictional Mr. Al-Rahim's endorsement of traditional, Quranic marriage.  We may object to the real-life Mr. Cathy's advocacy of traditional marriage as a conjugal union.  These sorts of expression of speech and conviction of conscience are rights protected by the Constitution and enshrined as Constitutional essentials.

What we may not do, however, is this.  In advocating for fairness for all, we may not practice a selective view of fairness for some.  In an attempt to prevent certain Muslims and Christians from supposedly treating a group as separate but equal (for so goes the argument for same-sex "marriage"), we may not treat these Muslims and Christians themselves as separate but equal.  We may not, in other words, claim that they are equal but seek to separate them from our civic and business life.

But this is what the mayors of Chicago and Boston have done.  They say, "You may have your beliefs, but you cannot pursue your conception of life, liberty, and the pursuit of happiness in our community through your business enterprise.  You are equal, but you must remain separate from us.  We can discriminate, but you cannot."  In so doing, that is, by practicing a real separate-but-equal approach to matters of freedom of speech and lawful employment, these officials have undermined their professed moral justification for same-sex marriage on the basis of the same, namely, ending a purported practice of separate but equal.

Whether, in fact, the debate about the definition of marriage admits, as some parties believe, the separate but equal line from Plessy v. Ferguson (1896) is another matter.  The black community, for instance, does not on the whole view the subject in that light, and they might be positioned better than others to know separate but equal when they see it.  Separate but equal sounds nice; it is a powerful sound bite with a known civil rights pregnancy; but I am not sure that upon closer inspection it fully applies.  The debate about marriage seems to me fundamentally about the wisdom and propriety of redefining -- and thereby changing -- an indispensable cultural/civil (and arguably religious) institution, as well as about the moral consequences entailed by such a redefinition.

Be that as it may, the mayoral hubbub about Chick-fil-A demonstrates the ways in which so-called tolerance is frequently championed but inconsistently practiced.  For calling out what would amount to unjust policing and penalizing of law-abiding citizens and businesses for protected First Amendment rights, The New York Times editorial board is to be commended.