A week in (serious) review

This week, in my Comparative Family Law seminar, we discussed legislative change in the context of increasing cultural pluralism. I brought in the example of Australia, where both indigenous populations (a “hefty” 1% of the total pop these days) and new immigrant groups (almost entirely from South East Asia) adhere to traditions that Western law considers “repugnant” to modern society. Of course, we can also look to Utah, where last week the courts considered a challenge (based on the Lawrence decision) to the long-standing ban on polygamy. Predictably, the couple +one, sought to argue issues of privacy and religious freedom.

Today, the NYT writes about a doctor in Italy who wants to introduce a medically-safe, somewhat benign procedure for women who come from countries such as Somalia and wish to continue their observance of the traditional genital cutting. This has raised angry protest, on both sides of the issue: on the one hand, the modern thought is that no recognition should be given to a tradition that is, after all “repugnant” to our belief in equality and human dignity, on the other hand, it has been said that a tamer procedure would help a great number of girls that are otherwise going to be exposed to the unsafe, horrendously barbaric ritual.

If you scribble down a list of common familial practices and rituals that we would deem illegal in the States, you can make, at the very least, the following observation:
- some are mildly repugnant
- some are moderately repugnant
- some are totally repugnant

This classification is super sophisticated and completely exhaustive and promises to revolutionize the way we think about the world.

It seems to me that arguing in favor of respect for the totally repugnant is a wasted effort. Multiculturalism ought not embrace respect for practices and rituals that run counter to our understanding of what it means to be a social human being. Banning is an option, finding acceptable substitutions is another.

Of course, one person’s repugnant (note the Salvation Army on smoking below) is another’s pleasure. But we needn’t ask ourselves what the hot picks are for total repugnancy. We have, thank heavens, a viable, if severely undermined at the moment, international forum where this discussion can be conducted. Indeed we have such instruments as the International Covenant on Civil and Political Rights that actually address these issues. You can’t escape it. Indiana billboards notwithstanding (“Get us out of the U.N. now!”), we need international organizations to help us toddle along in a civilized manner.