Osher talk 10-31-08

1. Osher talk 10-31-08 • “Culture Wars: Sin No More and Wedge issues in Contemporary America” •  John Dombrink • Dept. of Criminology, Law & Society • University of California, Irvine

2. Course description/1 • This course discusses the current state of the "culture war", and the effects of social conservatives and the religious right on politics in America.

3. Course description/2 • The course examines the formation of movements, framing of topics ,and appeals to the body politic through an analysis of several key contested activities from recent years: abortion, gay rights, assisted suicide, and stem cell research

4. Exploring the Culture War

5. Nixon's’ silent majority Reaching out to the “normal majority” Roots of the culture war

6. “Silent majority” Time for a “positive polarization” “nattering nabobs of negativism” Spiro Agnew

7. “… mobilized millions of here-to-for apolitical fundamentalists to become more active in civic life and public policy disputes and…. deserves much credit for the political victories of Ronald Reagan in 1980 and 1984. His movement was a “defensive offensive” against Supreme Court decisions, especially Roe v. Wade, that caused Falwell, and other fundamentalists leaders, to reconsider their former negative view of politics. “ (Cromartie) Rev. Jerry Falwell Moral Majority

8. For Nixon: encroachment of moral decadence 1992 “There is a religious war going on in our country for the soul of America. It is a cultural war … critical to the kind of nation we will one day be “ Pat Buchanan

9. Wedding Day in San Francisco • June 16, 2008 • The first couple married in San Francisco had been Phyllis Lyon and Del Martin, 83 and 87 respectively, two women together as a couple for 55 years

10. There is little reason to paint the opinions of people of faith in this area with the brush of Rev. Fred Phelps and his “God Hates Fags” campaign. Continued contestation

11. “Your children and grandchildren will be taught that homosexuality is normal and same-sex unions equally valid to heterosexual marriages. So-called “hate crimes” laws will make sure that anyone who objects is silenced.” “Bauer: American Values”

12. Sea Changes • What has happened in America regarding our views and laws toward formerly prohibited activities of personal morality? And what does this say about us as Americans? • Are the issues settled or still contested?

13. 1960s scholars and reformers Kadish (1969) has written of a “crisis of over-criminalization, Schur (1965) has elaborated on the problem of “crimes without victims,” Skolnick (1968) has worried about society’s capacity to “coerce virtue,” Geis (1979) has surveyed the range of activities considered “not the law’s business,” Packer (1968) has sought to delineate the “limits of the criminal sanction.”

14. John Stuart Mill (1859) • “The only purpose for which power can rightfully be exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a warrant.”

15. Critics of concept • Devlin: web of society is affected • No person is an island • Are “customers” willing or coerced?

16. Sin No More seeks to show what these laws and attitudes tell us about Americans approach to law and morality, and about our changing conceptions of sin, crime and illegality. The purpose of our book

17. Sin outline/2 • Despite conservative rhetoric we argue that the tide is turning on each of these issues, with all moving toward normalization in American society – but not always easily. • We challenge the dominant interpretation of the 2004 election as showing a social conservative America (what Karl Rove has called a “center-right” country).

18. Major points/1 • 1. Assesses that state of the “culture war” in America. • 2. Debunks the idea of the “values voters,” and the growing conservatism of Americas, as depicted in the media analysis of the 2004 election. • 3. Presents data, analysis on the liberalization of America on personal morality issues over the past two decades.

19. Major points/2 • 4. Explains how this liberalization came to the forefront in the last three years, as exemplified by the 2006 midterm elections. • 5. Explores the decline of the importance of the Christian right, and details the arenas in which this has transpired, such as the Terri Schiavo case. • 6. Examines the role of religion and religiosity (versus secularism) in the culture war.

20. Major points/3 • 7. Explores the “framing” of issues of morality by proponents on either side of the debate, the publics they appeal to, the organizations and activists involved, the role the media plays in this framing. • 8. Explores in a comprehensive manner the unfolding of the new issue of stem cell research, and explores the reasons why it has been less of a successful issue for the social conservatives than has abortion and gay rights. • 9. Looks at the 2008 election through the lens of these issues, and how prior experiences have shifted the views and framing of these views by Republicans and Democrats.

21. Major points/4 • 10. Looks beyond the current debates to envision the vitality of such culture war issues in the American public debate of the near future

22. Bill Bennett and gambling (reading) I. Gambling as Tolerated Vice

23. Gambling is the quintessential example of a tolerated vice • Illegal gambling has always taken place • Especially sports gambling and card playing • Low seriousness (Geis) • Part of the culture (West/frontier and others)

24. Rise in revenues 1982- Legal gambling revenue = $10 billion • 1996- Legal gambling revenue = $47 billion (500% increase from 1982) • 2005- Legal gambling revenue = $84 billion • only 2 states without some form of legal gambling (Utah, Hawaii)

25. New venues • “racinos” • Internet gaming • Indian casinos

26. Indian gaming revenues • Tribal Governmental gaming revenue in 2006: $25 billion • Many Tribes operate gaming facilities primarily to generate employment

27. Indian revenues: The “new buffalo” Revenues from Tribal Governmental gaming must be used in 5 areas (IGRA) • tribal Government operations or programs; • provide for the general welfare of the Indian tribe and its members; • tribal economic development; • donate to charitable organizations • fund local government agencies. • 3/4 gaming Tribes do not give out per capita payments

28. Opposition groups • Gambling – continuing contestation • What’s missing • Little sports gambling and why • For us, gambling is the example of “unproblematic normalization”

29. II. Abortion

30. Abortion polls • Gallup on abortion

31. Joffe 2005 article Gov. Dean Sen Clinton: “safe, legal and rare” Sen.. Kerry Democrats respond to 2004 vote

32. platformr Go to 52 Craig and O’Brien: prior years Party platforms

33. platformd Go to 50 Craig and O’Brien –prior years “Reagan Democrats” Democrats/abortion

34. To what extent do voters cast their votes? single issue politics Single issue politics

36. Bishops 2004 Polling over years Sullivan/Time/Catholics Catholics and abortion

37. Obama and Catholics Kmiec Anti-abortion but Pro-Obama Catholics and 2008 vote

38. III. Gay rights • D’Emilio breaks the gay rights movement into several eras: • 1. Pre-Stonewall (1950s-1969) • 2.Stonewall Era (1970s); • 3.Post-Stonewall/AIDS era (1980s); • 4. Modern era (1993 to present)

39. Massachusetts, 2004 • In May, 2004, the first legal same-sex marriage in the United states took place in Massachusetts

40. Followed by call for constitutional amendments State and federal DOMA laws 2004 salience as election issue

41. Yes on 8 No on 8 California ballot 2008

42. Gay Rights • Normalization • Fading since 2004 Pew 2006 • continuing contestation

43. IV. Death With Dignity • In Oregon, “death with dignity,” or physician-assisted suicide, has been available since 1997

44. The Oregon model • On March 27, 1998, an Oregon woman in her 80s who was near death from breast cancer legally ended her life with barbiturates supplied by a physician. Another fourteen persons would join her in utilizing the Oregon Death With Dignity Act in its first year of operation. The Oregon woman was the first person to die under the provisions of the ODDA, a 1994 law passed by voter referendum

45. ODDA • The law states that, in order to participate, a patient must be: 1) 18 years of age or older, 2) a resident of Oregon, 3) capable of making and communicating health care decisions for him/herself, and 4) diagnosed with a terminal illness that will lead to death within six (6) months. It is up to the attending physician to determine whether these criteria have been met.

46. Assisted suicide– normalization • There was a growth in American support from 38% to 61% between 1977 and 1996 of those supporting the statement "...a person has the right to end his or her life if this person has an incurable disease."

47. Assisted Suicide -- continuing contestation Yes on 1000 • No on 1000

48. V. Stem Cell Research • States considering and passing laws to support research on stem ell lines not legal under Bush decision (including California 2004 and Missouri 2006) • Following reproductive rights autonomy model • But also compassion • Polls much higher than abortion

49. Endorsing Missouri senatorial candidate who favored stem cell research, Spoke for many ravaged by diseases and looking for cures fox ad Michael J. Fox

50. accused Fox of "exaggerating the effects of the disease" adding that "this is really shameless of Michael J. Fox. Either he didn't take his medication or he's acting, one of the two." Rush Limbaugh