A Libertarian Defense of Social Conservatism
By Randall Hoven

Social conservatism is taking a beating lately.  Not only did it lose in the 
recent elections, it is being blamed for the Republican losses.  If only the 
religious right would get off the Republican party's back, the GOP could win 
like it is supposed to again.  I beg to differ.


I'm anything but a social conservative.  In nine presidential elections, I 
voted Libertarian in six.  I am a hard core "limited government" 
conservative/libertarian; I want government out of my pocket-book and out of my 
bedroom.  Concerning my religion, it's none of your business, but I'm somewhere 
in the lapsed-Catholic-deist-agnostic-atheist spectrum; let's just call it 
agnostic.


Having said all that, I have no problem with "social conservatives" or the 
"religious right" and their supposed influence on the Republican party.  I base 
this not on the Bible or historical authority, but on the love of liberty and 
the evidence of my own eyes.


Who are the true liberty killers?  


The most obvious point to me is that it is the do-gooding liberals who are 
telling us all what we can and can't do.  The religious right usually just 
wants to be left alone, either to home school, pray in public or not get their 
children vaccinated with who-knows-what.  Inasmuch as the "religious right" 
wants some things outlawed, they have failed miserably for at least the last 50 
years.  Abortion, sodomy, and pornography are now all Constitutional rights.  
However, praying in public school is outlawed, based on that same Constitution.


Just think for a moment about the things you are actually forced to do or are 
prevented from doing.  Seat belts.  Motorcycle helmets.  Bicycle helmets.  
Smoking.  Gun purchase and ownership restrictions.  Mandatory vaccines for your 
children.  Car emissions inspections.  Campaign ad and contribution 
restrictions.  Saying a prayer at a public school graduation or football game.  
Trash separation and recycling.  Keeping the money you earned.  Gas tax.  
Telephone tax.  Income tax.  FICA withholding.  Fill in this form.  Provide ID.


For the most part, the list just cited is post-1960.  Neither Pat Robertson nor 
James Dobson ever forced any of that on us.


How powerful is "social conservatism"?  


I can get pornography right at my keyboard, or drive a mile and get all the sex 
toys I can fit into my car.  I can walk to the nearest casino to gamble (but 
can no longer smoke there).  I do need to travel to Nevada for a legal 
prostitute.  If my teenage daughters had wanted abortions, they could have had 
them free and without even notifying me.  (However, had they taken Advil to 
school, we'd all be in trouble.)


Drugs


There is one thing I can think of that is actually outlawed and that the 
religious right wants outlawed: illegal drugs.  But the criminalization of 
drugs enjoys broad bipartisan support; it is not exactly an issue owned by the 
religious right.  Last I heard, 70% of those polled wanted to keep drugs 
outlawed.


But recall that in the Supreme Court decision that ruled against medical 
marijuana, Gonzales v. Raich, it was the "social conservative" contingent of 
Rehnquist and Thomas who dissented.  Clarence Thomas began his dissent as 
follows .


  Respondents Diane Monson and Angel Raich use marijuana that has never been 
bought or sold, that has never crossed state lines, and that has had no 
demonstrable effect on the national market for marijuana. If Congress can 
regulate this under the Commerce Clause, then it can regulate virtually 
anything-and the Federal Government is no longer one of limited and enumerated 
powers.


I'll take that kind of "social conservatism" all I can.  It sounds like freedom 
to me.


It was also the very conservative William Buckley at the very conservative 
National Review (and who was not alone among conservatives) who said this to 
the New York Bar Association:


  I leave it at this, that it is outrageous to live in a society whose laws 
tolerate sending young people to life in prison because they grew, or 
distributed, a dozen ounces of marijuana.  I would hope that the good offices 
of your vital profession would mobilize at least to protest such excesses of 
wartime zeal, the legal equivalent of a My Lai massacre.  And perhaps proceed 
to recommend the legalization of the sale of most drugs, except to minors.


Abortion


Let's talk about the unavoidable issue: abortion.  Who made it a federal issue? 
 The ACLU and then the Supreme Court.  Before 1973 it was left to the states; 
some allowed it, some didn't.  Different states could adopt different criteria. 
 Some might allow it under all circumstances. Some other none.  Some at 12 or 
20 weeks.  Some might define "health" of the mother in different terms.


But all that flexibility was halted with Roe v Wade.  Since 1973 abortion has 
been a Constitutional right.  Do you know where that right is found in the 
Constitution?  In these words of the 14th Amendment: "[No state shall] deprive 
any person of life, liberty, or property, without due process of law."  Those 
words, according to our finest Constitutional scholars, mean it's OK to shove 
scissors through the skull of a baby and suction its brains out, as long as 
that skull has not yet left the birth canal.  I'm sure you see that in those 
words of the 14th Amendment.  Look hard, into the penumbras and emanations - it 
might take a little imagination.


Regardless of what you think about abortion, to find it in the 14th Amendment 
is an act of ink-blot reasoning.  It might almost be OK, if it meant the court 
said we have true sovereignty over our own bodies.  But the court explicitly 
said otherwise.


  The privacy right involved, therefore, cannot be said to be absolute. In 
fact, it is not clear to us that the claim asserted by some amici that one has 
an unlimited right to do with one's body as one pleases bears a close 
relationship to the right of privacy previously articulated in the Court's 
decisions. The Court has refused to recognize an unlimited right of this kind 
in the past... We, therefore, conclude that the right of personal privacy 
includes the abortion decision, but that this right is not unqualified...


So you do not have the right to do with your body as you please.  Neither women 
nor men own their own bodies.  That's what Roe v Wade said.  In short, the 
decision was not "pro-choice".  It was pro-abortion, pure and simple.  That is 
the only choice it protected.  


If taking abortion out of the hands of the federal government and putting it 
back into hands of the states, where it is legislated per each state's popular 
sentiment, let it be.  I can stand that kind of "social conservatism."  It 
sounds like federalism and democracy to me.


Guns


Now let's talk about guns.  Why is that a "social" issue?  We're talking about 
the Bill of Rights here.  You know, where we find the freedom of speech, 
freedom of the press, religious freedom, freedom from unreasonable searches and 
seizures, no cruel and unusual punishments or excessive bails, etc.  The right 
to keep and bears arms is No. 2 of 10.  This is a right the "religious right" 
wants to keep, not take away.  If you keep your gun in your bedroom, it is the 
religious right that wants the government to stay out of your bedroom.  Who is 
treading on whose rights here?


Gay Marriage


I am not dead set against gay marriage.  I'm mildly against it, but if it comes 
to an honest vote in my state and passes, I can live with that.  But so far, 
every single time the issue has gone to a popular vote, the people voted it 
down.  The only reason it is legal in two states right now is because of the 
courts in those states; a mere handful of robed Merlins made the decisions.


I also think it a bit risky to redefine such a fundamental institution that has 
been defined as between one man and one or more women in every successful 
civilization I know about, for the last 6,000 years or so.  How about we use 
federalism and the states as laboratories before we dive head-first into opaque 
water on this one?


God


I must say, even as an agnostic, something is creepy about a government that 
outlaws Nativity scenes at City Hall, but subsidizes Piss Christ.  That tries 
to disband the Boy Scouts but promotes gay marriage.  That disallows even 
voluntary, student-led prayer at public school, but teaches children how to put 
on condoms.


What is so funny about Bill Maher's Religulous?  What is so bad about Sarah 
Palin hoping to do God's will or praying for His guidance?


I am not religious myself, but I kind of like the idea that whoever makes and 
enforces our laws thinks that some invisible being knows his every move and 
will judge him accordingly in eternity.  I would not be offended if the being 
he prays to is the one who gave the Sermon on the Mount.


I have yet to see the absence of religious devotion replaced with true 
scientific rationalism.  Instead, I see it replaced with Environmentalism, 
Marxism, New Age "spiritualism" or any of a host of other pseudo-religions.  On 
the other hand, Isaac Newton, for my money the greatest scientist ever and one 
of our more rational thinkers, wrote way more about the Bible and God than he 
ever did about calculus, mechanics and optics combined.  There is nothing 
inconsistent between science and religion or reason.


By the way, I know enough about rationalism to know this: anyone who thinks he 
practices it rigorously has no idea what he's talking about.  Bertrand Russell 
and Alfred North Whitehead are famous for taking a thousand pages to prove, 
with rigorous logic, that one and one are two (I'll trust them on that).  How 
can anyone with an ounce of humility, or real sense, think he knows the 
"rational" method of improving the lot of mankind?  Lenin and Mao thought they 
knew, as they sent tens of millions to their graves in the effort.


Mythical Creatures


I'm still searching for the mythical creature that is the "financially 
conservative, socially liberal" politician.  In virtually every case, the 
pro-abortion or pro-gay marriage politician is the first to vote against a tax 
cut, the first to vote for more spending and quick to compromise principles on 
any issue there is.


Using the National Journal's ratings of Senators in 2007 , the correlation 
coefficient between "economic" scores and "social" scores is 90%.  That means 
they almost always go together; financial conservatives are social 
conservatives and vice versa.   Every Senator scoring above 60 in economic 
issues, scored above 50 in social ones.  Every Senator scoring below 40 in 
economic issues, scored below 50 in social ones.  If there is such an animal as 
a "financial conservative, social liberal", it does not exist in the US Senate.


Humility and hubris


Finally, there is the concept of small "c" conservative.  While we should make 
some changes in our institutions so that we can evolve, as F.A. Hayek might 
describe, toward a better society, we should also be careful.  Don't change 
everything at once, for example.  Try a few things incrementally and see how 
they turn out.  Maybe we should consider "evidence based" government.


We should be especially careful in tinkering with the most successful society 
ever to exist on this planet.  I would hope I wouldn't have to defend that 
claim.  By 1969 we put man on the moon and brought him back safely.  We were 
the richest and most free country on earth.  Immigrants flocked to our shores.  
We had defeated some of the most despicable regimes in history.  Our schools 
were the envy of the world and our people produced more patents than any other 
country.


Shouldn't we have some humility about changing the most fundamental 
institutions that got us to that point?  Things like traditional marriage, the 
nuclear family, schools, private property, the free market and the Bill of 
Rights?  That is not to say we don't change them at all.  But let's be careful, 
incremental and be prepared to change the change.  Do not throw out the baby 
with the bathwater.


It was communism that tried to change everything all at once.  Karl Marx 
described the approach in the Communist Manifesto.   


  "Abolition of private property. ... Abolition of the family! ... Communism 
abolishes eternal truths, it abolishes all religion, and all morality ... this 
cannot be effected except by means of despotic inroads ... In short, the 
Communists everywhere support every revolutionary movement against the existing 
social and political order of things."


The Soviets said they would create the "new man."  Pol Pot wanted change so 
drastic he set his revolution in the "year zero."  The results were 100 million 
dead, prison camps, re-education camps and boat people.  These new societies, 
new men, and new calendars did not last.


Liberty


When the day comes that the only thing between me and liberty are some 
Bible-quoting know-it-alls, I'll reconsider.  But right now, there are a lot of 
things between me and liberty, and the "religious right" is not one of them.  
In fact, I see them voting for more liberty, not less.  If the Republican party 
ever decides it really wants to be the party of liberty, rather than the 
slower-road-to-socialism party, I'll gladly join the religious right there.


Randall Hoven can be contacted at [EMAIL PROTECTED] or  via his web site, 
kulak.worldbreak.com.

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http://www.americanthinker.com/2008/11/a_libertarian_defense_of_socia.html 

at November 23, 2008 - 07:36:21 AM EST 
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