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    Trump’s Judges: More Religious Ties and More N.R.A. Memberships

    A new study also found that judges appointed by the former president were more likely to vote for claims of religious freedom — unless they came from Muslims.When Donald J. Trump was running for president in 2016, he vowed to appoint Supreme Court justices who would vote to overturn Roe v. Wade. Three justices and six years later, he made good on that promise.Mr. Trump also made a more general pledge during that campaign, about religion. At a Republican debate, a moderator asked whether he would “commit to voters tonight that religious liberty will be an absolute litmus test for anyone you appoint, not just to the Supreme Court, but to all courts.”Mr. Trump said he would, and a new study has found that he largely delivered on that assurance, too. Mr. Trump’s appointees to the lower federal courts, the study found, voted in favor of claims of religious liberty more often than not only Democratic appointees and but also judges named by other Republican presidents.There was an exception: Muslim plaintiffs fared worse before Trump appointees than before other judges.“There seems to be a very big difference on how these cases come out, depending on the specific religion in question,” said Stephen J. Choi, a law professor at New York University, who conducted the study with Mitu Gulati of the University of Virginia and Eric A. Posner of the University of Chicago.Another part of the study explored what was distinctive about Mr. Trump’s appointees to the lower courts, considering 807 judges named by seven presidents as of late 2020.The study found, for instance, that judges named by Mr. Trump had “stronger or more numerous religious affiliations” with churches and other houses of worship, with religious schools, and with groups like Alliance Defending Freedom and First Liberty, which have won a series of major Supreme Court cases for conservative Christians.Trump appointees were also much more likely to be members of the Federalist Society, the conservative legal group, than other Republican appointees: 56 percent versus 22 percent.For appeals court nominations in the Trump administration, the study found that membership in the group was “virtually required,” with a rate of more than 88 percent, compared with 44 percent for other Republican appointees.Mr. Trump made another pledge at another 2016 debate about the judges he would appoint. “They’ll respect the Second Amendment and what it stands for, what it represents,” he said.The new study did not try to measure how Mr. Trump’s appointees voted in gun rights cases. But it did find that more than 9 percent of Trump appointees were members of the National Rifle Association, compared with less than 2 percent of other Republican appointees and less than 1 percent of Democratic appointees.“In light of the polarizing nature of gun rights and the N.R.A.’s association with extreme views on gun ownership,” the study’s authors wrote, “jurists who seek a reputation for impartiality would normally want to avoid membership in the N.R.A.”The study did document how Mr. Trump’s appointees voted in cases on claims of religious liberty, examining some 1,600 votes in more than 500 cases in the federal appeals courts from 2000 to 2022.Trump appointees voted in favor of plaintiffs claiming that their right to free exercise of religion had been violated about 45 percent of the time, compared with 36 percent for other Republican appointees and 33 percent of Democratic appointees. The gap grew for cases that involved only Christians, to more than 56 percent, compared with 42 percent for other Republican appointees and 29 percent for Democratic ones.And the numbers flipped when it came to Muslims, with Trump appointees at 19 percent, compared with 34 percent for other Republican appointees and 48 percent for Democratic ones.“The pattern that emerges,” the study said, “is consistent with conventional wisdom: Democrats tend to protect minority religions, and Republicans tend to protect Christianity (and possibly Judaism).”The study considered a common critique of Trump appointees: that they are less qualified than other judges. It found that the evidence did not support the charge, at least on average and at least as measured by the prestige of the law schools the judges attended, whether they had served as law clerks and ratings from the American Bar Association.“We find little evidence that Trump judges break the historical pattern of judicial appointments,” the study’s authors wrote. “Women and minorities are less well represented among Trump judges than among Democratic judges, but that reflects a historical partisan difference; Trump judges do not differ much from Republican judges in this respect.”“A few more Trump judges received top A.B.A. ratings, but not quite as many Trump judges attended top-10 law schools,” the study said. “Our view is that the data do not support the view that Trump’s judges were less qualified than judges appointed by other presidents.”But the study’s main finding, on religion, was that Mr. Trump was true to his word.“Trump is not known to be personally religious,” the study’s authors wrote, “but he appears to have believed that he could obtain votes by promising to appoint religious judges, and he kept his promise.” More

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    A Battle Between Gay Rights and Religious Expression

    More from our inbox:Why No Gun Control Laws?Gains for DemocracyA National Primary DayThe Supreme Court heard a case concerning a Christian graphic designer who intends to limit her wedding-related services to celebrations of heterosexual unions.Michael A. McCoy for The New York TimesTo the Editor:Re “When Gay and Religious Freedoms Clash,” by Tish Harrison Warren (Opinion, Dec. 5), about the Supreme Court case involving a web designer who does not want to design websites for same-sex weddings because of her religious convictions:Ms. Warren states that there a distinction to be made between general discrimination against a group and declining to participate in an act one finds immoral.The designer states that she would not refuse to create a website for a gay individual; she simply does not want her services to be used for an event to which she is morally opposed.But where do we draw the line? Can a dry cleaner accept an L.G.B.T.Q. person’s business, but refuse to clean a tuxedo that they will wear to a “gay” wedding? Will your hairdresser choose not to style your hair when you are preparing for a “gay” event?Peggy ThomsonNew YorkTo the Editor:As a heterosexually married former Catholic priest, I have had the joy — under other auspices — to officiate at dozens of same-sex weddings. Some of my clerical colleagues have chided me, some supported me and some even clandestinely cooperated in the ceremony.Yet I find it difficult to insist that a web designer must accept any request to create a website for something that is against his or her conscience. Certainly, if she were asked to create one for a white supremacist group or to support some kind of questionable political stance, most of us liberals would have no problem saying she should not have to do so. I don’t see how this is different, even though I disagree with her beliefs.Surely, there are many competent business owners who support or are at least respectful of any given customer’s choices. It does not seem that all service providers have to accept whatever request comes their way.I would say to my friends who face any such objection to shake the dust from their feet and choose another web designer who respects their choices and loving commitments!Dave PasinskiFayetteville, N.Y.To the Editor:Tish Harrison Warren’s defense of the website designer who wants to discriminate against same-sex couples is distasteful.Although Colorado’s public accommodations law includes both race and sexual orientation as protected classes, Ms. Warren insists that discrimination against same-sex couples must be allowed under religious liberty because Scripture condemns homosexuality.Yes, the Bible declares same-sex sexual contact to be “an abomination,” instructing, “They shall surely be put to death; their blood shall be upon them” (Leviticus 18:22; 20:13). Paul blithely reiterates that people with a same-sex orientation are “worthy of death” (Romans 1:26-32). This is nothing for Ms. Warren to brag about.But then Ms. Warren claims that antiracism civil rights laws are OK because they do not violate religious laws. Yet both the Old and New Testaments promote and countenance slavery, including allowing the rape, beating and torture of slaves. Such passages were touted incessantly to sanctify chattel slavery in this nation. Although Ms. Warren denies the Bible’s role in slavery, by her logic, slavery would be a religious right.Instead of condemning her Bible’s barbaric homophobia, Ms. Warren misguidedly argues that U.S. civil law and citizens should be subject to her cherry-picked Bronze Age morality.Annie Laurie GaylorMadison, Wis.The writer is the co-president of the Freedom From Religion Foundation.To the Editor:Tish Harrison Warren’s advocacy for allowing business owners to refuse to provide services based on their professed religious beliefs is an invitation to invidious discrimination carried out behind a veneer of “pluralism.”A relatively small percentage of Christians continue to oppose interracial marriages, relying on vague biblical language and interpretive texts. The Talmud and resulting Jewish laws for many centuries declare marriages between Jews and non-Jews to be both prohibited and void under Jewish laws.Should we permit business owners to refuse to provide services not only to gay couples, but also to interracial and interreligious couples? Should the owner of a bed-and-breakfast operating out of the owner’s home be permitted to prohibit such couples from staying under their roof, based on religious objections?And what if the claimed religious beliefs are just a pretext for discrimination, and who would make such a determination?Thomas F. WiederAnn Arbor, Mich.To the Editor:Re “Justices Weigh Religion Rights vs. Bias Laws” (front page, Dec. 6):If the Colorado web designer had refused to create sites for divorced people, on the grounds that Jesus specifically condemned divorce in Matthew 5:31-32, would the Supreme Court even hear this case?David CastronuovoRomeTo the Editor:The Supreme Court arguments on Monday were supposed to be about speech, not religion. Nonsense. At a telling point, Justice Samuel Alito asked counsel, “Do you think it’s fair to equate opposition to same-sex marriage with opposition to interracial marriage?” From the colloquy, his own answer emerged clearly: Religious objections to same-sex marriage are “honorable,” while objections to interracial marriage are not.In the infamous 1857 Dred Scott decision, Chief Justice Roger Taney wrote that African Americans “had no rights which the white man was bound to respect.” Fast forward 165 years, and Justice Alito’s message is plain: L.G.B.T.Q. people have no rights that conservative religious people are bound to respect.James H. StarkHartford, Conn.The writer is a professor emeritus at the University of Connecticut School of Law.Why No Gun Control Laws? Kenny Holston for The New York TimesTo the Editor:Re “As Shootings Continue, ‘the Votes Aren’t There’ for a Gun Control Law” (news article, Dec. 4) and the disheartening subheadline, “Any new limits will likely have to wait two years for Congress”:Are we truly helpless to stop the incessant mass shootings in America? Why aren’t the votes there for gun control? Who exactly is voting against the will of the American people? Should not these members of Congress be called out for their intransigence in the face of such wholesale slaughter?The mass killings will continue until the country at least minimizes the firepower available for these tragedies, but nothing can change until either the minds or the members of Congress who continually block gun control measures change.With each mass killing, newspapers should begin publishing the voting record on gun control by the politicians in the state affected by that day’s massacre. Would such an act really be journalistically too political for the sake of our children?David SimpsonRindge, N.H.Gains for DemocracyA demonstration in Beijing last month against strict coronavirus measures. The recent unrest has been the boldest and most widespread in China since the pro-democracy movement of 1989.Kevin Frayer/Getty ImagesTo the Editor:The demonstrations for democracy and against Covid restrictions in China, and the huge protests for women’s rights and democratic freedoms in Iran, indicate that democratic values are trending.The victory of democratic forces in the Brazilian elections and the better-than-expected showing of Democrats in our own point to the same conclusion: The appeal of democratic values remains robust and is a powerful antidote to authoritarianism.Resistance to authoritarianism takes many forms: Voters vote, citizens demand rights in the face of brutal crackdowns, and in Ukraine people stand against invasion. But it is all part of the pro-democracy movement, worldwide.Edmund McWilliamsWhite Oaks, N.M.The writer is a retired Foreign Service officer.A National Primary DayThe crowd cheers before Joe Biden takes the stage after being declared the winner of the South Carolina primary in Columbia, S.C., in February 2020.Maddie McGarvey for The New York TimesTo the Editor:Re “Reordered Primaries Create New Gambits for the Political Chessboard” (news article, Dec. 4):Asking which state(s) should go first in primary voting is the wrong question. We should instead ask: Why aren’t all state primaries on the same day? That would avoid the farce of candidates pandering to local interests, only to reverse their positions (or “pivot”) when they move on to the next state. To have honest candidates, we should have an honest process.These are candidates for national office. There should be national election rules and a national primary day.Michael T. FerroEndwell, N.Y. More

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    In New Law, Indonesia Criminalizes Sex Outside of Marriage

    Parliament also approved a law that criminalizes criticism of the government, delivering a blow to the country’s progressive reputation.Indonesia has long been known as a widely tolerant nation at the forefront of establishing democratic reforms throughout Southeast Asia. That progressive reputation took a hit on Tuesday when Parliament cleared a sweeping overhaul of the country’s criminal code.According to the new rules, sex outside of marriage is now illegal in Indonesia, as is defamation of the president. The overhaul also sharply expanded laws against blasphemy in the world’s largest Muslim-majority country. Opponents said the rules posed significant risks to religious minorities by outlawing extramarital sex and tacitly targeting critics of Islam. Extramarital sex criminalization also targets the L.G.B.T. community, as gay marriage is illegal in Indonesia. The new laws could also curtail freedom of expression and assembly.The new laws are almost certain to revive a debate around democratic backsliding in the nation of 276 million. After the fall of the Indonesian dictator Suharto in 1998, the country had prided itself as a thriving democracy. Most Indonesians held fairly relaxed views about homosexuality, which was never officially banned.But in recent years, conservative Islam has gained ground in the country, and now some fear its influence is growing, even as its ranks remain a minority in Parliament. In the lead-up to the next presidential election in 2024, few officials appear willing to upset the religious right, which helped paved the way for Tuesday’s overhaul of the criminal code.“It is a very significant encroachment on rights and liberties in Indonesia,” said Tim Lindsey, director of the Center for Indonesian Law, Islam and Society at the University of Melbourne. Critics warned that the new rules, which also apply to foreigners, will make Indonesia less appealing to investors, tourists and students.Muhamad Isnur, chairman of the Indonesian Legal Aid Foundation, said the laws run “contrary to international human rights norms. We are in a new paradigm,” he said.The bill was approved unanimously in Parliament on Tuesday. The government has tried for decades to overhaul the law but has never succeeded. In 2019, it tried to pass a similar draft law, but President Joko Widodo shelved it after tens of thousands of young people protested in the streets, arguing that the law threatened their civil liberties. This time, activists said they were blindsided when lawmakers suddenly announced on Nov. 30 that they were handing a draft to Parliament to ratify, giving the activists very little time to organize demonstrations.Indonesia officials said they had engaged in monthslong conversations with several human rights groups before submitting the new draft. The lawmakers said they added revisions based on feedback, such as stating that blasphemy does not only apply to religion but all belief systems. Edward Omar Sharif Hiariej, Indonesia’s deputy minister of law and human rights, said that the government tried to accommodate as many parties as possible, but acknowledged that the overhaul “won’t satisfy everyone.”“If there are citizens who feel that their constitutional rights have been violated, the door of the constitutional court is wide open for that,” Mr. Edward told reporters last month. The laws, which are set to take effect after three years, will likely be challenged in the country’s Constitutional Court. On Tuesday, there were calls for protests outside Parliament. (The new rules state that people who demonstrate without a permit can also be penalized.)Officials say upgrading the existing criminal code, which dates back to 1918 when Indonesia was a Dutch colony, was long overdue. Among the raft of new laws, penalties around consensual sex outside marriage have drawn the most criticism. According to the revisions, unmarried couples who live together could be jailed for six months or face a maximum fine of 10 million rupiah ($710)..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Though the penalties apply to foreigners, the new law states that the police can only make an arrest after a report is filed by a close family member, such as a parent, spouse or child, making it extremely unlikely that foreigners would be prosecuted, Mr. Lindsey said. “But gay and lesbian Indonesians, who, of course, are couples and they can’t be married, they are completely exposed.”Police have previously arrested dozens of gay men for violating an anti-pornography law, but now, all gay couples who live together are subject to possible arrest.The push for the overhaul was backed by Vice President Ma’ruf Amin, an Islamic cleric and the former chair of the Indonesian Ulema Council, the country’s top body for Islamic scholars, according to two people who spoke on the condition of anonymity because they were not authorized to disclose the details of private conversations. Mr. Ma’ruf had previously called for “stern regulations” on the sexual activities of homosexuals.In a reversal, lawmakers on Tuesday reinstated a provision making it illegal to attack “the honor or dignity” of both Indonesia’s president and vice president, a rule that was struck down by the Constitutional Court in 2006. In recent years, however, tolerance for such criticism has waned. Last year, the authorities arrested an artist who created a mural criticizing Mr. Joko, and activists say they have been harassed and charged with defamation for speaking up on rights abuses.Mr. Joko — known as a moderate, secular leader — has spoken out repeatedly against intolerant views in his country. In an interview with The New York Times last month, he said Indonesia has a vibrant democracy with frequent peaceful protests outside the presidential palace. “Even today, everyone can criticize the president and the government,” Mr. Joko said, speaking before the Group of 20 summit in Bali last month. “I believe that Indonesia’s democracy is moving on the right track.”Andreas Harsono, a researcher for Human Rights Watch, said that the laws would give the police greater opportunities to extort bribes, and lead to more corruption. Politicians would also have more excuses to target political opponents, he added. “The danger of oppressive laws is not that they will be broadly applied — no, they won’t be — it is that they provide an avenue for selective enforcement,” Mr. Harsono said.The new penal code expands the country’s blasphemy law from one to six provisions, stating for the first time that apostasy — anyone who “persuades someone to be a nonbeliever” — can be charged as a criminal offense.Religious minorities are most at risk of running afoul of this law. Roughly 87 percent of Indonesians are Muslim, while the rest are Christian, Catholic, Hindu and Buddhist. According to Mr. Harsono, the use of the blasphemy law has been most commonly used against people who have criticized Islam.In 2017, former Jakarta governor Basuki Tjahaja Purnama, a Christian and an ally of Mr. Joko, was sentenced to two years in prison on blasphemy charges after he was accused of insulting Islam by jokingly referring to a verse in the Quran in a campaign speech.Willy Aditya, a lawmaker from the left-leaning NasDem party, rejected claims that Indonesia was “turning into an Islamic country” but said that the new law was written based on emotion, not research. The law shows that the officials have failed to distinguish the difference between public and private affairs, he said, “which is the most elementary thing in democracy.”Muktita Suhartono More

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    How Democrats Can Win the Morality Wars

    I’m a fan of FiveThirtyEight, a website that looks at policy issues from a data-heavy perspective, but everyone publishes a clunker once in a while. In February, FiveThirtyEight ran a piece called “Why Democrats Keep Losing Culture Wars.” The core assertion was that Republicans prevail because a lot of Americans are ignorant about issues like abortion and school curriculum, and they believe the lies the right feeds them. The essay had a very heavy “deplorables are idiots” vibe.Nate Hochman, writing in the conservative National Review, recognized a hanging curve when he saw one and he walloped the piece. He noted that “all the ‘experts’ that the FiveThirtyEight writers cite in their piece are invested in believing that the progressive worldview is the objective one, and that any deviations from it are the result of irrational or insidious impulses in the electorate.”He added: “All this is a perfect example of why the left’s cultural aggression is alienating to so many voters. Progressive elites are plagued by an inability to understand the nature and function of social issues in American life as anything other than a battle between the forces of truth and justice on one side and those of ignorance and bigotry on the other.”There’s a lot of truth to that. The essence of good citizenship in a democratic society is to spend time with those who disagree with you so you can understand their best arguments.But over the last few decades, as Republicans have been using cultural issues to rally support more and more, Democrats have understood what’s going on less and less. Many progressives have developed an inability to see how good and wise people could be on the other side, a lazy tendency to assume that anybody who’s not a social progressive must be a racist or a misogynist, a tendency to think the culture wars are merely a distraction Republican politicians kick up to divert attention from the real issues, like economics — as if the moral health of society was some trivial sideshow.Even worse, many progressives have been blind to their own cultural power. Liberals dominate the elite cultural institutions — the universities, much of the mainstream news media, entertainment, many of the big nonprofits — and many do not seem to understand how infuriatingly condescending it looks when they describe their opponents as rubes and bigots.The Republican Party capitalizes on this. Some days it seems as if this is the only thing the party does. For example, Republican candidates could probably cruise to victory in this fall’s elections just by talking about inflation. Instead, many are doubling down on the sort of cultural issues that helped propel Glenn Youngkin to the governor’s office in Virginia.They’re doing it because many Americans believe the moral fabric of society is fraying, and the Republican messages on this resonate. In a recent Fox News poll, 60 percent of Hispanic respondents favored laws that would bar teachers from discussing sexual orientation or gender identity with students before the fourth grade. Nearly three-quarters of American voters are very or extremely concerned about “what’s taught in public schools.”Documents this year from the Democratic Congressional Campaign Committee recognized that the Republican culture war issues are “alarmingly potent” and that some battleground state voters think the Democrats are “preachy” and “judgmental.”The fact is the culture wars are not a struggle between the enlightened few and the ignorant and bigoted masses. They are a tension between two legitimate moral traditions. Democrats will never prevail on social issues unless they understand the nature of the struggle.In the hurly-burly of everyday life, very few of us think about systemic moral philosophies. But deep down we are formed by moral ecologies we are raised within or choose, systems of thought and feeling that go back centuries. We may think we are making up our own minds about things, but usually our judgments and moral sentiments are shaped by these long moral traditions.In this essay I’m going to try to offer a respectful version of the two rival moral traditions that undergird our morality wars. I’ll try to summarize the strengths and weaknesses of each. I’ll also try to point to the opportunities Democrats now have to create a governing majority on social and cultural matters.***The phrase “moral freedom” captures a prominent progressive moral tradition. It recognizes the individual conscience as the ultimate authority and holds that in a diverse society, each person should have the right to lead her own authentic life and make up her own mind about moral matters. If a woman decides to get an abortion, then we should respect her freedom of choice. If a teenager concludes they are nonbinary, or decides to transition to another gender, then we should celebrate their efforts to live a life that is authentic to who they really are.In this ethos society would be rich with a great diversity of human types.This ethos has a pretty clear sense of right and wrong. It is wrong to try to impose your morality or your religious faith on others. Society goes wrong when it prevents gay people from marrying who they want, when it restricts the choices women can make, when it demeans transgender people by restricting where they can go to the bathroom and what sports they can play after school.This moral freedom ethos has made modern life better in a variety of ways. There are now fewer restrictions that repress and discriminate against people from marginalized groups. Women have more social freedom to craft their own lives and to be respected for the choices they make. People in the L.G.B.T.Q. communities have greater opportunities to lead open and flourishing lives. There’s less conformity. There’s more tolerance for different lifestyles. There’s less repression and more openness about sex. People have more freedom to discover and express their true selves.However, there are weaknesses. The moral freedom ethos puts tremendous emphasis on individual conscience and freedom of choice. Can a society thrive if there is no shared moral order? The tremendous emphasis on self-fulfillment means that all relationships are voluntary. Marriage is transformed from a permanent covenant to an institution in which two people support each other on their respective journeys to self-fulfillment. What happens when people are free to leave their commitments based on some momentary vision of their own needs?If people find their moral beliefs by turning inward, the philosopher Charles Taylor warned, they may lose contact with what he called the “horizons of significance,” the standards of truth, beauty and moral excellence that are handed down by tradition, history or God.A lot of people will revert to what the philosopher Alasdair MacIntyre calls “emotivism”: What is morally right is what feels right to me. Emotivism has a tendency to devolve into a bland mediocrity and self-indulgence. If we’re all creating our own moral criteria based on feelings, we’re probably going to grade ourselves on a forgiving curve.Self-created identities are also fragile. We need to have our identities constantly affirmed by others if we are to feel secure. People who live within this moral ecology are going to be hypersensitive to sleights that they perceive as oppression. Politics devolves into identity wars, as different identities seek recognition over the others.The critics of moral freedom say that while it opens up lifestyle choices, it also devolves into what Zygmunt Bauman calls “liquid modernity.” When everybody defines his own values, the basic categories of life turn fluid. You wind up in a world in which a Supreme Court nominee like Ketanji Brown Jackson has to dodge the seemingly basic question of what a woman is. I don’t blame her. I don’t know how to answer that question anymore, either.Under the sway of the moral freedom ethos, the left has generally won the identity wars but lost the cosmology wars. America has moved left on feminist and L.G.B.T.Q. issues and is much more tolerant of diverse lifestyles. But many Americans don’t quite trust Democrats to tend the moral fabric that binds us all together. They worry that the left threatens our national narratives as well as religious institutions and the family, which are the seedbeds of virtue.***The conservative moral tradition has a very different conception of human nature, the world and how the good society is formed. I’ll call it “you are not your own,” after the recent book by the English professor and Christian author Alan Noble.People who subscribe to this worldview believe that individuals are embedded in a larger and pre-existing moral order in which there is objective moral truth, independent of the knower. As Charles Taylor summarizes the ethos, “independent of my will there is something noble, courageous and hence significant in giving shape to my own life.”In this ethos, ultimate authority is outside the self. For many people who share this worldview, the ultimate source of authority is God’s truth, as revealed in Scripture. For others, the ultimate moral authority is the community and its traditions.We’re in a different moral world here, with emphasis on obedience, dependence, deference and supplication. This moral tradition has a loftier vision of perfect good, but it takes a dimmer view of human nature: Left to their own devices, people will tend to be selfish and shortsighted. They will rebel against the established order and seek autonomy. If a person does not submit to the moral order of the universe — or the community — he may become self-destructive, a slave to his own passions.The healthier life is one lived within limits — limits imposed by God’s commandments, by the customs and sacred truths of a culture and its institutions. These limits on choice root you so you have a secure identity and secure attachments. They enforce habits that slowly turn into virtues.In the “moral freedom” world you have to be free to realize your highest moral potential.In the “you are not your own” world you must be morally formed by institutions before you are capable of handling freedom. In this world there are certain fixed categories. Male and female are essential categories of personhood. In this ethos there are limits on freedom of choice. You don’t get to choose to abort your fetus, because that fetus is not just cells that belong to you. That fetus belongs to that which brings forth life.Researchers Jesse Graham, Jonathan Haidt and Brian Nosek found that liberals are powerfully moved to heal pain and prevent cruelty. Conservatives, they discovered, are more attuned than liberals to the moral foundations that preserve a stable social order. They highly value loyalty and are sensitive to betrayal. They value authority and are sensitive to subversion.The strengths of this moral tradition are pretty obvious. It gives people unconditional attachments and a series of rituals and practices that morally form individuals.The weaknesses of this tradition are pretty obvious, too. It can lead to rigid moral codes that people with power use to justify systems of oppression. This ethos leads to a lot of othering — people not in our moral order are inferior and can be conquered and oppressed.But the big problem today with the “you are not your own” ethos is that fewer and fewer people believe in it. Fewer and fewer people in the United States believe in God. And more Americans of all stripes have abandoned the submissive, surrendering, dependent concept of the self.This is the ultimate crisis on the right. Many conservatives say there is an objective moral order that demands obedience, but they’ve been formed by America’s prevailing autonomy culture, just like everybody else. In practice, they don’t actually want to surrender obediently to a force outside themselves; they want to make up their own minds. The autonomous self has triumphed across the political spectrum, on the left where it makes sense, and also on the right, where it doesn’t.***Both of these moral traditions have deep intellectual and historical roots. Both have a place in any pluralistic society. Right now, the conservative world looks politically strong, but it is existentially in crisis. Republicans will probably do extremely well in the 2022 midterms. But conservatism, especially Christian conservatism, is coming apart.Conservative Christians feel they are under massive assault from progressive cultural elites. Small-town traditionalists feel their entire way of life is being threatened by globalism and much else. They perceive that they are losing power as a cultural force. Many in the younger generations have little use for their god, their traditional rooted communities and their values.This has produced a moral panic. Consumed by the passion of the culture wars, many traditionalists and conservative Christians have adopted a hypermasculine warrior ethos diametrically opposed to the Sermon on the Mount moral order they claim as their guide. Unable to get people to embrace their moral order through suasion, they now seek to impose their moral order through politics. A movement that claims to make God their god now makes politics god. What was once a faith is now mostly a tribe.This moral panic has divided the traditionalist world, especially the Christian part of it, a division that has, for example, been described in different ways by me, by my Times colleague Ruth Graham and by Tim Alberta in The Atlantic. Millions of Americans who subscribe to the “you are not your own” ethos are appalled by what the Republican Party has become.So is there room in the Democratic Party for people who don’t subscribe to the progressive moral tradition but are appalled by what conservatism has become?First, will Democrats allow people to practice their faith even if some tenets of that faith conflict with progressive principles? For example, two bills in Congress demonstrate that clash. They both would amend federal civil rights law to require fair treatment of L.G.B.T.Q. people in housing, employment and other realms of life. One, the Fairness for All Act, would allow for substantial exceptions for religious institutions. A Catholic hospital, say, wouldn’t be compelled to offer gender transition surgeries. The other, the Equality Act, would override existing law that prevents the federal government from substantially burdening individuals’ exercise of religion without a compelling government interest.Right now, Democrats generally support the latter bill and oppose the former. But supporting the Fairness for All Act, which seeks to fight discrimination while leaving space for religious freedom, would send a strong signal to millions of wavering believers, and it would be good for America.Second, will Democrats stand up to the more radical cultural elements in their own coalition? Jonathan Rauch was an early champion of gay and lesbian rights. In an article in American Purpose, he notes that one wing of the movement saw gay rights as not a left-wing issue but a matter of human dignity. A more radical wing celebrated cultural transgression and disdained bourgeois morality. Ultimately, the gay rights movement triumphed in the court of public opinion when the nonradicals won and it became attached to the two essential bourgeois institutions — marriage and the military.Rauch argues that, similarly, the transgender rights movement has become entangled with ideas that are extraneous to the cause of transgender rights. Ideas like: Both gender and sex are chosen identities and denying or disputing that belief amounts is violence. Democrats would make great strides if they could champion transgender rights while not insisting upon these extraneous moral assertions that many people reject.The third question is, will Democrats realize that both moral traditions need each other? As usual, politics is a competition between partial truths. The moral freedom ethos, like liberalism generally, is wonderful in many respects, but liberal societies need nonliberal institutions if they are to thrive.America needs institutions built on the “you are not your own” ethos to create social bonds that are more permanent than individual choice. It needs that ethos to counter the me-centric, narcissistic tendencies in our culture. It needs that ethos to preserve a sense of the sacred, the idea that there are some truths so transcendentally right that they are absolutely true in all circumstances. It needs that ethos in order to pass along the sort of moral sensibilities that one finds in, say, Abraham Lincoln’s Second Inaugural Address — that people and nations have to pay for the wages of sin, that charity toward all is the right posture, that firmness in keeping with the right always has to be accompanied by humility about how much we can ever see of the right.Finally, we need this ethos, because morality is not only an individual thing; it’s something between people that binds us together. Even individualistic progressives say it takes a village to raise a child, but the village needs to have a shared moral sense of how to raise it.I’ll end on a personal note. I was raised in Lower Manhattan and was shaped by the progressive moral values that prevailed in the late 1960s and the 1970s. But as I’ve grown older I’ve come to see more and more wisdom in the “you are not your own” tradition.Is there room for people like us in the Democratic Party? Most days I think yes. Some days I’m not sure.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Marine Le Pen Proposes Ban on Muslim Women Wearing Head Scarves

    Marine Le Pen, the far-right contender, has proposed a ban on Muslim women wearing head scarves in public.PARIS — A Muslim woman in a blue and white hijab confronted Marine Le Pen, the far-right presidential candidate, as she made her way through a crowd in the southern town of Pertuis last week. “What is the head scarf doing in politics?” the woman demanded.Ms. Le Pen, a nationalist with an anti-immigrant agenda, has vowed to ban the wearing of the head scarf in public if she is elected in the second round of voting next Sunday. She says that it is “an Islamist uniform,” or a sign of adherence to an extremist, anti-Western interpretation of the Muslim faith.The woman who argued with Ms. Le Pen was having none of this. Her choice to wear a head scarf was made, she said, “when I was an older woman,” as a sign of “being a grandmother.” Ms. Le Pen insisted that in many French neighborhoods women who do not wear a veil are “separated, isolated and judged.” In the country with the largest Muslim population in western Europe, what a woman wears on her head matters. France has a troubled relationship with Islam because of its colonial history in Algeria and several jihadist terror attacks in recent years. As Ms. Le Pen and President Emmanuel Macron confront each other in a tight race, religious freedom, particularly for the Muslims who make up about 8 percent of the population, has emerged as a pivotal issue.Mr. Macron, who has called Ms. Le Pen’s plan “an extremist project,” has nevertheless angered some members of the Muslim community, mainly through legislation designed to combat what he calls “Islamist separatism.” That law, passed last year, has been used to close some mosques and Islamic associations accused of fostering radicalism. It was designed in part to draw right-wing voters to his centrist camp.Mr. Macron, whose lead in polls has widened slightly over the past week to 53.5 percent against Ms. Le Pen’s 46.5 percent, had his own confrontation with a young French woman wearing a hijab during a campaign stop in Strasbourg last week.“Are you a feminist?” he asked. “Are you for the equality of women and men?”President Emmanuel Macron of France at a rally in Marseille on Saturday.Afp Contributor#Afp/Agence France-Presse — Getty ImagesWhen the woman answered yes to both questions, and said her head scarf was chosen, not imposed, Mr. Macron, clearly alluding to Ms. Le Pen, said this was “the best answer to all the stupidity I keep hearing.”It was another example of Mr. Macron, who scarcely campaigned before the first round of voting on April 10, adjusting his message to appeal to blocs of voters who have felt betrayed by him over the past five years — the Muslim community and the left.In the first round, about 70 percent of French Muslims voted for Jean-Luc Mélenchon, the far-left candidate who was narrowly eliminated, according to a study by the Ifop polling institute. Where those votes now go matters.France is a secular republic and in theory a nondiscriminatory society where people are free to believe, or not, in any god they wish. But it finds itself in a fracturing debate over Islam. A growing Muslim presence is seen by the extreme-right as a mortal threat to French identity, and this view has gained a foothold in the political mainstream.Intensely attached to its model of a secular society, known as laïcité, which is supposed to subsume all men and women into the rights and responsibilities of French citizenship, France has been reluctant to acknowledge failures that have left many Muslim immigrants and their descendants in dismal housing projects on the periphery of big cities, feeling no viable French identity or future.Since 2011 it has been illegal to wear a face-covering niqab, or a burqa covering the entire body, in public. But there is no ban on the head scarf.French laws prohibit wearing ostentatious religious symbols — the head scarf is considered one — in schools. Civil servants are also barred from doing so on the job. Debate has raged over whether parents accompanying school trips should be allowed to wear head scarves, but attempts to stop them have failed.A woman in a head scarf in Marseille on Saturday ahead of a campaign appearance by Mr. Macron.Ludovic Marin/Agence France-Presse — Getty ImagesStrongly held French feelings about the equality of men and women, about secularism, and about its supposedly colorblind society lie behind the virulence of the discussion of these issues. So does unacknowledged or overt prejudice.Mr. Macron has accused Ms. Le Pen of undermining the principles of laïcité and the Constitution itself with the proposed head scarf ban. In an interview with Franceinfo radio last week, he said she would also have to ban the use of the “kippa, the cross and other religious symbols” in public or she would be discriminating among believers.Not so, Ms. Le Pen retorted in an interview with France Inter radio. “The head scarf is in reality an Islamist uniform, it is not a Muslim uniform, and that makes all the difference. It is the uniform of an ideology, not of a religion.”She continued: “This ban is not based on the concept of laïcité. It is based on the battle against Islamist ideologies.”However, Ms. Le Pen appeared to hedge a little on Sunday, saying that the issue is a “complex problem” and that her proposed ban would be debated in the National Assembly.Whether the ban would also apply to women choosing head scarves as fashion statements à la Audrey Hepburn is unclear.What to Know About France’s Presidential ElectionCard 1 of 4Heading to a runoff. More