In the 1950s, the age of Elvis, when America was the “Land of Elvis,” things were different. Fighting the Cold War against Soviet Communism, America represented freedom to the nations under Soviet Socialist tyranny. Back at home, America was free for most people, but for black Americans (a bit more than 10% of the population), America was not free. Slavery was gone, but it had been replaced by Jim Crow—a set of laws and social customs that treated black Americans as second class citizens, at best.
The argument I make in my recent essay in the Claremont Review of Books is that to attack the assault on the freedom and equality of black Americans, the United States adopted tactics which, however necessary they were in 1964, have morphed into a threat to American liberty and equality. America is a land of equality and of freedom, perhaps I should say a land of equal freedom. By law and by social and cultural custom, both freedom and equality were denied to blacks. Hence federal law prohibited private entities from “discriminating.” In other words they were no longer private, in the sense of having the right to decide who was in the room, or what they could or could not say. The Civil Rights law of 1964 also made “sex” a “protected class.” Fast forward nearly 60 years, and Jim Crow is long gone. That’s a good thing. But civil rights law remains, and what it is now doing is threatening our freedom and equality.
How has the so called “civil rights culture” transformed American politics and the attitude of the people?
Before 1964, Americans, as a rule, had a robust notion of public and private being separate things. To be private meant the right to decide who one associated with, and to decide what to say and do. In the name of civil rights, as noted above, we suspended that separation. That suspension is threatening to become permanent. And, sex discrimination (from the start) and (since added) sexuality are categories in Civil Rights law. Because these other categories are associated with the extremely just cause of ending Jim Crow, they have a sacred status for many Americans. The trouble is that the regulation of sex and sexuality are, unlike race, inherently religious by their nature. The result is that Civil Rights law and the Civil Rights Culture that follows from it is fostering a set of governing doctrines, even established religion that are
hostile to the basic teachings of sexuality that have historically been part of Western culture,