Monday, January 31, 2022

Children Of Hobby Lobby v Burwell

No, this one is not Trump’s fault. And it’s not because Burwell was decided on similar grounds. It’s the sweeping change to the legal analysis that Burwell introduced. I’m not arguing this law is validated by Burwell. But it is certainly inspired by it.

“Religious beliefs” is nothing more than a vague and glittering generality, the kind we teach Freshman English students to avoid. But that’s what Burwell protected, so Oklahoma is following suit. The problem bits in this statute are “promoting” and “opposition.” If I mention in class that biblical literalism is a 20th century response to 19th century German scholarship, am I “promoting” an idea in “opposition” to “closely held religious beliefs “? What if I point out you can’t read the two nativity stories as both “literally” true because the events in them are irreconcilable? (Matthew’s holy family lives in Bethlehem; Luke says they went there for the census; and so on and so on.) Am I promoting an idea? Or promoting thought?

We all know the answer to that. And we all know education is not about promoting thought, except at the graduate level. And we keep it there so we can safely despise it.
What could possibly be causing the burnout? Covid? Not by itself.

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