As shocking as the Chechen campaign appears, it is nothing humans have not seen, or done, before. Ethnic groups, religious or racial minorities, and individuals who are different in some way have far too often become the objects of hatred and murderous intent. What is happening in Chechnya most immediately brings to mind the depredations of the Third Reich, which sought to rid Europe of Jews, Gypsies, gays, and others considered to be undesirables. [...]
In his deeply researched new book, Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century, Geoffrey R. Stone gives his answer to these and other questions about our country’s regulation of sex, with a special emphasis on same-sex activity. According to Stone, a scholar of constitutional law at the University of Chicago, Christianity has exerted the biggest influence on how we have addressed the issue from colonial times to today. The “central theme” of Sex and the Constitution “is that American attitudes about sex have been shaped over the centuries by religious beliefs—more particularly, by early Christian beliefs—about sex, sin, and shame.”
This history, Stone argues, has created “a nettlesome question” for the practice of constitutional law. Over the years, courts have accepted Christian traditions on matters relating to sex despite our nation’s commitment to the separation of church and state. When confronted with cases regarding restrictions on sexual behavior, or activities related to sexual behavior like contraception, abortion, or consuming pornography, judges have had to dress up in secular garb what were essentially religious principles. They did this by distinguishing between the “moral views” they said they drew on and the “religious views” they claimed they did not. [...]
Curiously, Stone pays scant attention to perhaps the most consequential issue for many of the nineteenth-century moralists—their crusade against slavery, in which sex figured prominently. The widespread southern practice of concubinage was one of the principal targets of their brief against the institution. Stone’s decidedly northern emphasis leaves the sexual habits and preoccupations of the South largely out of the picture. Sex and the Constitution has almost nothing to say about the topic of interracial sex, although outlawing it was one of the earliest examples of the regulation of sexuality in North America. Those laws almost certainly affected more people than prohibitions of same-sex sodomy, and it was to them that courts and activists looked for analogy during debates about gay rights. [...]
Many of the regulations described in Sex and the Constitution could be found in places and among people who had never heard of—or certainly can’t be said to have been affected by—the early Christians, Augustine, or Aquinas. This suggests that we may have to look beyond the influence of any one religion to understand how and why we have set the rules of sex by which we have lived. What does it mean to be a man? What does it mean to be a woman? These are questions humans have struggled to answer, probably from the beginning of human history. Religion is only one way we have attempted to establish answers to them. Engaging with other possible influences more fully—specifically efforts throughout history to control women and perpetuate negative attitudes about womanhood—would have made Stone’s very important book longer, but it would have brought a needed perspective to his analysis.
