Wrong-headed Friends

by stevensmith

It’s good to have friends, and especially in these troubled, culturally divided times it’s a particular blessing to have wrong-headed friends– i.e., friends whose religious and/or political views differ diametrically from one’s own. I was reminded of this blessing twice yesterday. Andy Koppelman was here in San Diego for a conference, and in the afternoon he and I went for a several hours’ walk and exchanged views on things like politics, religion, and marriage. It was a reprise of similar walks and talks we’ve had here, in Chicago, in South Bend, in Baltimore, in Princeton, and probably other places I’m not remembering at the moment. Andy and I disagree on most of these matters, and although once or twice I’ve gotten vexed at what seemed to me his wrong-headedness on some point or other, I’ve always found him to be cordial, respectful, and genuinely interested in understanding and engaging my views. I believe I’m a (slightly) better person for having had these conversations.

Returning to my office, I found an e-mail from Mike Newdow. Mike is the most energetic litigator in the country these days in opposing government-sponsored religious expression; his best known case has probably been the case challenging the words “under God” in the Pledge of Allegiance. For years, Mike has been perhaps the most avid reader of my work on the First Amendment; within a day or so of publishing or posting an article I usually get a comment– sometimes detailed comments– from Mike. These have always been cordial and respectful in tone, even though our views are poles apart. Once, when he was in San Diego, he got in touch and we got together– Mike, my wife, and I– for a long and enjoyable lunch. I’m not sure whether either of us has changed the other’s views at all: Mike is convinced that he can squeeze substantive content out of (to quote Peter Westen) “the empty idea of equality,” and I just don’t think that’s possible. Even so, I value the interactions. Mike wrote yesterday to give his best wishes to me and my wife, and to mention that he has posted an article on SSRN. I haven’t had a chance to read it yet, but for those who might be interested you can find it at at http://ssrn.com/abstract=1594374.

A year or so ago, I wrote an op-ed for the San Diego Union-Tribune supporting California’s Proposition 8. The op-ed was very moderate and respectful in its tone and content, I think; nonetheless, it generated reaction from a number of readers who took the trouble to look up my e-mail address and write to tell me how hateful and despicable I am. Given this experience, I more than ever value people like Andy and Mike who are capable of treating me and my own wrong-headed views with respect and even friendship.

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