Three claims in particular highlight simultaneously Ms. Gillibrand's marvelous ability to pander to her audience while also demonstrating an unfortunate inability to think through what she's saying.
Let's begin with this one:
I think there’s some issues that have such moral clarity that we have as a society decided that the other side is not acceptable. Imagine saying that it’s okay to appoint a judge who’s racist or anti-Semitic or homophobic. Telling– asking someone to appoint someone who takes away basic human rights of any group of people in America, I don’t think that those are political issues anymore.Has it occured to Ms Gillibrand that appointing pro-choice judges would deprive the weakest, most vulnerable group of people in America of their basic human rights? Or does Ms. Gillibrand think, like southern plantation owners did, that only some human beings have human rights?
Moreover, in what sense is telling a mother that she cannot end the life of her child comparable to racism or anti-semitism? Indeed, isn't it more accurate to say that the worst episode of anti-semitism in the history of the world was predicated upon the assumption that millions of people were less than fully human. Isn't that exactly the assumption that Senator Gillibrand is advocating?
The senator next declared that she respects “the rights of every American to hold their religious beliefs true to themselves,” whatever that means, but went on to suggest that the principle of “separation of church and state” demands that “ultra-radical conservative judges and justices” not “impose their faith on Americans.”
Evidently, Ms. Gillibrand fails to recognize that opposition to abortion is not opposed solely for religious reasons. Indeed, someone should inform the senator that there are atheists who are pro-life. Opposition to abortion is motivated by humanitarian reasons which, to be sure, are themselves often motivated by religious convictions.
I wonder if Ms. Gillibrand would've raised an objection to judges "imposing their faith on Americans" when, for reasons of religious principle, many politicos and jurists supported civil rights legislation, welfare laws and sanctuary cities.
But, set that aside. If we take these two passages together an even more peculiar aspect of the senator's thinking emerges. She asserts in the first quote that pro-lifers wish to deny a basic human right to women and in the second quote that pro-lifers should keep their religion out of matters like this.
So, the question presents itself, where does Ms. Gillibrand think human rights come from if not from a fundamentally religious understanding of persons? If she wants to talk about human rights she has to allow for the discussion of religion since religion, or at least theism, is the only ultimate foundation for non-arbitrary human rights that there can be.
Surely secularism offers no sound basis for them. On any non-theistic worldview human beings are simply machines, computers made of meat, as MIT professor Marvin Minsky once put it. Machines have no free will, no dignity, no responsibility and no rights of any kind.
So, either we speak of human rights and allow religious views to be brought to bear on the matter or we banish both religious motivations along with all talk of human rights. We can't have one without the other.
The third passage is equally disappointing for anyone who expects a modicum of philosophical sophistication from a United States senator. Having just declared that religion has no place in the public square she delivers herself of this:
There’s no moral equivalency when it comes to racism. And I do not think there’s a moral equivalency when it comes to changing laws that deny women reproductive freedom.Now she's talking about morality, and the same principle that we invoked with regard to human rights applies equally to morality. Moral talk is empty nonsense apart from some objective basis for it, and the only objective basis for morality is a transcendent moral authority. Everything else leads to subjectivism of one form or another.
Thus, Ms. Gillibrand has plopped us right back into the realm of religious belief.
It's an inescapable fact that only those people who believe that there's a transcendent moral authority to whom we are all accountable can talk coherently or meaningfully about either human rights or morality. If Ms. Gillibrand wants to expel such people from the public square she should at least have the good sense to also refrain from talking about human rights and morality and just admit that her views on abortion have nothing to do with either.
Put differently, her pronouncements in the Des Moines Register, if we grant that they were heartfelt and not just an instance of Bidenesque political expediency, reflect views rooted in emotion, not logic or reason.
Ms. Gillibrand's comments are vulnerable to other criticisms as well, and Chrissy Clark at The Federalist does a fine job of illuminating some of these.