Thursday, May 07, 2009

fundaligion and drugs

Synchronium | The idea of a victimless crime is nothing more than a judicial reprise of the Christian notion of sin.

It is no accident that people of faith often want to curtail the private freedoms of others. This impulse has less to do with the history of religion and more to do with its logic, because the very idea of privacy is incompatible with the existence of God. If God sees and knows all things, and remains so provincial a creature as to be scandalized by certain sexual behaviors or states of the brain, then what people do in the privacy of their own homes, though it may not have the slightest implication for their behavior in public, will still be a matter of public concern for people of faith.

A variety of religious notions of wrongdoing can be seen converging here—concerns over nonprocreative sexuality and idolatry especially—and these seem to have given many of us the sense that it is ethical to punish people, often severely, for engaging in private behavior that harms no one. Like most costly examples of irrationality, in which human happiness has been blindly subverted for generations, the role of religion here is both explicit and foundational. To see that our laws against “vice” have actually nothing to do with keeping people from coming to physical or psychological harm, and everything to do with not angering God, we need only consider that oral or anal sex between consenting adults remains a criminal offence in thirteen states. Four of the states (Texas, Kansas, Oklahoma, and Missouri) prohibit these acts between same-sex couples and, therefore, effectively prohibit homosexuality. The other nine ban consensual sodomy for everyone (these places of equity are Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah, and Virginia). One does not have to be a demographer to grasp that the impulse to prosecute consenting adults for nonprocreative sexual behavior will correlate rather strongly with religious faith.

The influence of faith on our criminal laws comes at a remarkable price. Consider the case of drugs. As it happens, there are many substances—many of them naturally occurring—the consumption of which leads to transient states of inordinate pleasure. Occasionally, it is true, they lead to transient states of misery as well, but there is no doubt that pleasure is the norm, otherwise human beings would not have felt the continual desire to take such substances for millennia. Of course, pleasure is precisely the problem with these substances, since pleasure and piety have always had an uneasy relationship.

When one looks at our drug laws—indeed, at our vice laws altogether—the only organizing principle that appears to make sense of them is that anything which might radically eclipse prayer or procreative sexuality as a source of pleasure has been outlawed. In particular, any drug (LSD, mescaline, psilocybin, DMT, MDMA, marijuana, etc.) to which spiritual or religious significance has been ascribed by its users has been prohibited. Concerns about the health of our citizens, or about their productivity, are red herrings in this debate, as the legality of alcohol and cigarettes attests.