Seekers

When the young Siddhattha left home, he wandered south, leaving his ancestral home of Sakya, and eventually entering the kingdom of Magadha. Legend has it that great king, Bimbisara, saw him wandering, and, struck by his appearance, asked where he was from. When he learned that he was a son of the Sakyan clan, he gladly received him into his realm. Even Bimbisara’s son, Ajatasattu, though less honorable than his father, accepted the ancient duty of kings to provide protection and shelter for all those in his realm.

Siddhattha was lucky that he didn’t come to Australia by boat. As a homeless wanderer, displaced not by war or necessity, but by simple choice, he would be treated as an “illegal”. He would be scorned by Australians, who would regard him as a queue-jumper, a bludger, and probably a terrorist in disguise. He would be locked up in a mandatory detention center in some lost, forsaken place. There he would be stripped of basic human rights, overcrowded, with not enough water to drink, inedible, worm-infested food, inadequate medical services, no shoes, in an atmosphere of brutality and hopelessness where people could hardly sleep out of fear and discomfort. From time to time there would be violence and riots; and in that culture of despair, people would be so traumatized they would resort to cutting themselves, hunger strikes, stitching their lips together, or trying to kill or immolate themselves. This would be enabled by a culture of secrecy, with the government cutting off communications when things got bad. Popular representations would be full of hate and suspicion, while the voices of those who suffer go unheard.

Buddhism is known worldwide as a religion of compassion. And we like to think of ourselves as a compassionate people. But compassion is not just an ideal, it manifests in acts of kindness; and kindness is nothing if it does not respect first of all the powerless or less fortunate.

One of the most fundamental expressions of kindness is the duties one owes to a guest or a traveller. In Greek myth, this task is apportioned to no less a deity than Zeus himself. In the Buddhist monastic code (Vinaya), there are elaborate duties prescribed when a wandering monk arrives. One is to greet them, offer water for washing their feet, wipe down their dusty sandals; offer water and show them where the bathroom is, then ensure that they are allocated suitable lodgings. This is not some special holy duty, it is merely the everyday kindness of basic human decency.

When guests arrive on our shores, we should treat them with the same kindness and respect. They are human beings, who have come a long way from home, and are weary, fearful, and distressed. Our duty is to put them at ease, to reassure them that they are among friends and will come to no harm. They should be provided with decent lodgings, food, medicine, clothing, and appropriate legal and other support, just like any other human being. Our legal system is built on the presumption of innocence, so all those who arrive on our shores are, in the eyes of the law, innocent.

It is natural and inevitable that some people will wish to move from one place to another. It’s not a temporary aberration, it is inherent in the act of drawing a boundary around a nation. You don’t draw a boundary unless you expect someone will want to cross it. So: the manner in which you maintain your boundary defines your nation. If that is characterized by heartlessness and selfishness, as it is now, that becomes the place you live, a place that requires cruelty for its self-definition. But this is not our only choice. There are many, many different ways in which the situation can be managed, all of which are kinder, cheaper, and would make us all better citizens of the world. The fact that we have ended up with the most hardline option available is not a political necessity, but is an expression of a lack of compassion.

We don’t own this land, and have no special right to it. We are guests on this planet, borrowing for a time the air, the water, and the soil. The Buddha regarded it as a sign of the decline of society that we draw lines on the earth, saying that “this is mine”. Such conduct is nothing other than greed. In Australia in particular, we often forget that we are all descendants of illegal boat people, who arrived at this land, butchered the local people and desecrated their culture, and drew lines of the earth so we could apportion ownership, a thing unknown to the first peoples.

In ancient India, while the boundaries between nations were acknowledged, people moved freely between them, without visas, passports, or border controls. This is the traditional model of Buddhist culture.

In the colonial era, western nations developed a system of bureaucratic control over the movement of peoples. The basis of this is inequality: we have lots, and we want to stop others from getting it. The more inequality there is, the more tension there is around borders. Hence the shift in the past few decades, as the level of inequality has shot to historically unprecedented levels, towards an irrational obsession with border control. We know we have it good, and we really don’t want to share it.

From a Buddhist perspective, it is a duty of the rich to share their wealth. Traditionally, it is said that we should give a quarter of our wealth to those in need. Now, we in Australia are the rich; and though we have much, much more than ever before, we give maybe 1% or so.

Like all controversial subjects, those in power exert themselves to obfuscate the issue, so that what is, in fact, a simple ethical principle, becomes confused and intractable. Power is maintained by fear, and when there is nothing to fear, it must be manufactured. And sad to say, it seems that for many people, these efforts have been successful, as there seems little ability to clearly think about this issue at all. We are distracted by furphies, while the powerless suffer.

We hear, for example, that we can’t afford to resettle these people. This is nonsense. Australia has plenty of money, so where has it gone? Drive around the streets of Perth or Sydney, and look at the huge boats and houses, and the answer is not hard to see: the rich took it. If we follow the ancient Buddhist principle that those with much should share with those with little, then we would not have a problem.

The current situation is, moreover, probably the most wasteful and expensive solution possible. Due to the secrecy with which our government cloaks its activities—which is of course totally counter to not only the principles of modern democracy, but also the Buddha’s advice to “open up a covered thing”—it is not possible to know exactly how much it costs. However, according to Amnesty, we spend over half a million dollars per person per year. It is completely, utterly absurd.

This money is mostly paid to a corporation, Serco, which is currently under investigation for defrauding the UK government to the tune of tens of millions of pounds. A former employee alleges, among other things, that Serco hires unqualified people, who receive little or no training and are taught to run the camps like prisons, ignoring the suffering of the detainees.

Next we hear that the people coming are not real refugees, but “economic migrants”. These are people who moved from one place to another place because they want to make a better living for themselves. They are not evil, and they have committed no crime. They may be guilty of being foolish and greedy, but that is no excuse to treat them with anything but dignity and kindness.

Personally I would love to live in a world where anyone could simply move where they wanted, as we do within a country, since we all belong to this one planet and cannot claim ownership.

But we don’t live in that world. In the world we do live in, there are procedures that are accepted by the international community, and enshrined in Australian law, that decide whether a person is a “genuine refugee” and should be resettled or not.

So those who arrive should be looked after as honored guests until their status is determined. If it is found that they do not qualify for resettlement, they should be returned to their country, or other arrangements made. Of course there are practical difficulties, as there are with any situation, but this doesn’t affect our moral obligations.

There is a genuine problem with people smugglers. These people are international criminals, and we should work with the international community to disband these networks. If we were to close the absurd, horrific detention centers, we would free up billions of dollars which could be used to disrupt the people smugglers. Instead, the smugglers ply their trade and we punish their victims.

There is a further genuine problem with terrorists. In Sri Lanka, for example, after the crushing of the Tamil Tigers, it is to be expected that the Sinhalese authorities will want to pursue those guilty of terrorist acts. Of course, not all those it pursues are terrorists; but some are. No-one wants such people in its borders, and it is understandable that the Australian authorities should be careful and thorough. Nevertheless, this is only a tiny percentage of those arriving in Australia. The bulk of those fleeing the aftermath of the war are either displaced internally or are in India. The fact that some of those arriving are criminals does not justify treating all of them as criminals. Some of the people who read this blog are criminals; are we to punish everyone who reads it?

Another common furphy is that we fear the introduction of un-Australian values. This is, of course, nothing other than the fear of the Other that has demeaned Australian civic life since the days of the White Australia Policy. Fine: anyone who is settled in Australia should be taught about Australian laws and values, and as with people everywhere, they should respect that. I have spoken of the duty that a host owes to the guest; similarly, the guest owes a duty to the host. And if anyone is not abiding by those laws, they need to be dealt with. Australian law does not, and should not, tolerate uncivilized practices such as female genital mutilation, slavery, sharia law, discrimination based on gender or sexuality, or the caste system.

But there is no inherent connection between these things and people arriving by boat. However they come, whether as immigrants or refugees, people bring their own baggage. And while mostly this baggage is positive and helps enrich our culture, some of it is toxic. Equating such harmful practices with maritime arrival is nothing more than rhetorical sleight of hand.

People who are newly arrived will have certain issues, while those who have been here for a long time will have others. The real issue is how to prevent people from harming each other, while educating all people, whether newly arrived or here for a long time, to be more compassionate and wise.

Those who are so concerned with defending Australian values seem to be wilfully blind to the ways that values are actually created in societies. People don’t embrace values because they are forced to, but because they see positive models.

If people arrive as weary wanderers, and are immediately treated with heartlessness and suspicion, what will they think of Australian society? Can we expect those who have undergone such an experience to respect Australian culture and Australian Government? Australians have persistently voted in governments with relentlessly hardline policies on maritime arrivals. New arrivals know this; they feel like outsiders, and will learn to trust only slowly.

If, however, peoples’ initial encounter with Australia is an experience of kindness and friendliness; if they are treated with the openness and the fairness that we like to pride ourselves on, they will gain a natural respect for Australian culture and values. This is the starting point for real harmony in any culture.

The Buddha’s ethics is based firmly on his love and compassion, which is without exception or limit. Constantly we find the phrase sabbe satta, “all beings”. We are still catching up to this ethos. We have a long way to go before we see ourselves as first and foremost sentient beings, temporary tenants who share our beautiful planet together, and fully surmount the limitations of race, nation, caste, gender, and religion. In our time, in our Australian home, this is how we are being tested. And the test is this: as Australians and as those inspired by the Buddha’s path, to use this opportunity to grow in love; to show the world that the Buddha’s teachings are not merely nice ideals, but eminently practical tools for building a healthy and harmonious society.

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And now, in religions’ baffling inability to cope with women…

A Christian group at Bristol University in England is being investigated for its discriminatory policies. Women are banned from teaching at their weekly meetings without their husbands beside them. The email from their president said:

“We understand that this [women teaching] is a difficult issue for some and so decided that women would not teach on their own at our CU:Equip meetings [its principal weekly meeting], as the main speaker on our Bristol CU weekend away or as our main speaker for mission weeks.”

The email goes on to say that women may teach at these meetings, as long as it it with their husbands.

It is fantastic that these discriminatory policies are being dealt with at last. The sad thing is, of course, that similar discriminatory policies are being practiced in Buddhism. From Amaravati’s notorious “Five Points” of discrimination against women:

2. In line with this, leadership in ritual situations where there are both bhikkhus and siladhara–such as giving the anumodana [blessings to the lay community] or precepts, leading the chanting or giving a talk–is presumed to rest with the senior bhikkhu present. He may invite a siladhara to lead; if this becomes a regular invitation it does not imply a new standard of shared leadership.

The full list is on Leigh Brasington’s site. He’s added a variation to the list that was created some time ago, where “monk” and “nun” are replaced by “Whites” and “Blacks”. There are more variations here. The alternate wordings create a stark and disturbing impression, as if the original was not creepy enough.

We can only hope that Buddhist groups realize the harm that these policies create and change them before they are forced to do so by the law.

Why Devadatta Was No Saint

A little while ago we had some discussion about Reginald Ray’s controversial and popular idea that Devadatta was really a forest saint, unfairly maligned in later Buddhism. I read his work many years ago, and it has always bugged me, so I decided to do a bit of fact checking. Here is the essay that results. Short version: the theory is wrong.

The whole essay is a little too long for a blog post, so you can download the pdf, or read it over on Santipada. Here’s the abstract:

Devad­atta is depic­ted as the archetypal vil­lain in all Buddhist tra­di­tions. Regin­ald Ray has argued for a rad­ical reas­sess­ment of Devad­atta as a forest saint who was unfairly maligned in later mon­astic Buddhism. His work has been influ­en­tial, but it relies on omis­sions and mis­taken read­ings of the sources. Ray’s claim that ‘there is no over­lap between the Mahāsaṅghika treat­ment [of Devad­atta] and that of the five [Sthavira] schools’ is untrue. On the con­trary, the man­ner in which Devad­atta is depic­ted in the Mahāsaṅghika is broadly sim­ilar to the Sthavira accounts. Such dif­fer­ences as do exist are lit­er­ary rather than doc­trinal. The stor­ies of Devadatta’s deprav­ity became increas­ingly lurid in later Buddhism, but this is a nor­mal fea­ture of the myth­o­lo­giz­ing pro­cess, and has noth­ing to do with any ant­ag­on­ism against forest ascet­ics. In any case, the early sources are unan­im­ous in con­demning Devad­atta as the instig­ator of the first schism in the Buddhist community.

The Problem with Nuns…

is not just a Buddhist thing. The Vatican has been enduring increasing levels of anxiety about the nuns, specifically the nuns of the US.

The leading representative body for nuns in the US, the Leadership Conference of Women Religious, despite it’s canonical status within the Church has come under repeated fire and investigation for various heretical tendencies, which you can read about in the Vatican’s statement here, and the LCWR response here. The Vatican takes this so seriously that have set up a formal investigation, and the LCWR is talking about seceding from the communion.

The parallels with the situation regarding Wat Pa Pong and nuns are quite remarkable, for all the differences in the details. Despite the misleading and sensationalist headline, this article from AlterNet does a good job of explaning the background to the dispute. The author argues that the basic issue is about power, and it’s hard to fault this. Just as WPP criticized Ajahn Brahm and others for questioning the orthodoxy, so ‘obedience’ is foremost in the lessons that the bishops would have the nuns learn.

And the basic conflict is pretty much exactly parallel. The conservative group insists on keeping the medieval power structure in place, insisting that that, and that alone, is the truth; while the progressive party—more alive to the nuances and changes of history—look for inspiration in the heart of the teacher’s message for guidance in changing times.

It’s not just the LCWR that’s proving controversial. A leading academic nun in the US, Sister Margaret Farley, has come under fire for discussing sexual ethics in ways that the Vatican declares to be “not consistent with authentic Catholic theology”. As always, it’s best to read the Vatican’s original response, which is posted here.

Sister Farley is criticized for taking liberal positions on a range of matters relating to sexuality and relationships, namely masturbation, homosexual acts, same sex marriage, and divorce.

What’s interesting (or interestingly boring, depending on your perspective) is the wording of the criticisms. The document speaks of ‘doctrinal errors’, ‘the constant teaching of the Magisterium’, ‘the objective nature of the natural moral law’, ‘errors and ambiguities’ (Oh, those ambiguities! Can’t have them… Or can we?), ‘conform to Catholic teaching’, ‘This opinion is not acceptable’, ‘Sacred Scripture… presents homosexual acts as acts of grave depravity, tradition has always declared that homosexual acts are intrinsically disordered. They are contrary to the natural law…’ ‘Legal recognition of homosexual unions… would mean… the approval of deviant behavior…’.

It’s all astonishingly unreconstructed. Despite Vatican 2 and the tremendous efforts by Catholics all over the world to genuinely engage with modernity within the framework of their faith, in this document the patriarchy just slams right down, no concessions granted. Modernity is just shrugged off like an annoying mosquito.

The Vatican document cites the ‘confusion’ among laity, a similar position to that which was expressed at the same sex marriage meeting I attended in April. This was also a key point in the official Amaravati document on the Five Points that subjugate the nuns. These were intended to allay the ‘confusion’ of the lay folk, which is why they were called ‘Points of Clarification’. For these patriarchies, allaying confusion means insisting on the One and Only Truth, which always has been and always will be, and which is fully embodied in the patriarchy itself.

The original document on the five points is here, and it’s worth reading it side by side with the Vatican documents. The Vatican, being older and more confident, expresses itself directly, whereas the Amaravati document ties itself in knots trying to apologize. But the end result is the same: obey or get kicked out.

There is, of course, the difficulty that many of the propositions insisted on by the patriarchy are unethical and harmful. They stem not from any timeless well of truth, but from well-understood social and historical conditions, conditions that no longer exist—except in the minds of the patriarchs. But as long as ‘modern’ notions can be dismissed by the sheer fact of their heterodoxy, they need not be taken seriously.

Meanwhile, Buddhists and Catholics go about our lives. We hear these pronouncements: sometimes they make us angry, sometimes they make us sad, sometimes they make us feel pity. But no one will ever be persuaded by them. They are a call to spiritual devolution, to a regression to lesser lives and diminished horizons. The spirit calls us on, and we won’t be shackled.

Same sex marriage – the govt. consults with religious leaders

On the morning of Thursday 12 April, I attended a session of the Parliamentary hearings into the propsed same-sex marriage Bills currently under consideration in the Federal House of Representatives (http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=spla/bill%20marriage/hearings.htm). There are two Bills under consideration, both of which provide for same sex marriage in somewhat different ways. We didn’t go into the differences between the Bills.

Present were representatives of the Lutheran Church, Australian Catholic Bishops Conference (Bishop Julian Porteus), Salvation Army, Anglican Church Diocese of Sydney, Sikh Council of Australia, Hindu Council of Australia, Seventh-day Adventist Church, and Progressive Judaism. The Musilm community was conspicuous in its absence; presumably because they didn’t respond to the invitation, rather than that they were not invited. Of those present, the Buddhists, Hindus, and Jews supported the marriage equality Bills, while the remainder opposed.

The discussion is part of a series of community consultations held by the House Standing Committee on Social Policy and Legal Affairs. The Committee acknowledged that they had their own opinions on the matter—one of them had proposed one of the Bills, whereas another member stated he was a Catholic who opposed the Bills—but their job was to enquire as to community views and report to parliament, not to decide the matter themselves. They set the course of the discussion by insisting that we speak only when asked a question. If we interrupted, we would be asked to leave. Right, then.

The basic question the panel asked of us all was: what is our position, and what is the basic theological or scriptural reason for that. Each of us had submitted papers prior to the hearing, so we did not need to go into details. The anti- positions were based on readings of the Bible, insisting that the story of Adam and Eve, whether read literally (as per the 7th Day Adventists) or metaphorically, set up the basic paradigm for human relationships. We heard time and again that God had ordained the timeless, eternal institution of marriage. We also heard—and this was a cornerstone of the argument from both the Catholics and Anglicans—that their normative form of marriage—one man, one woman, and children—was fixed in biology. Of course, they did not want to reduce marriage to biology, but nevertheless, there was a powerful sense in which having children by sexual union was fundamental to their conception of marriage.

This begs the fairly obvious question, does this mean that all marriages must produce, or at least have the potential to produce, children? When the pollies asked this of the Catholics and Anglicans, we heard a fair bit of what the suttas call eel-wriggling. When asked whether they would marry, say, a couple of seventy year olds, Bishop Porteus said he would. There was a subtle not quite suggestion that there was maybe some possibility of such a union producing children.

At this point I really wanted to interrupt, but managed to restrain myself. For the Christian tradition does indeed have a powerful precedent for such a situation. Genesis 17-18 tells of how Sarah, though 90 years old, was granted a child by God with her centenarian husband Abraham. Even more striking is the case of Mary, who Catholics believe had a child without having had intercourse at all. It strikes me that a God who is powerful enough to perform such miracles should have no problem in blessing a gay or lesbian couple with children. But perhaps miracles don’t work today as well as they should…

The Progressive Jewish representative also based his case on the Bible. But rather than arguing that Adam and Eve must be the archetype for all marriages, he pointed out that Adam and Eve were not married at all; and that the Bible in fact lays down no normative marriage ceremonies. This reminded me of the old Pali text the Kathavatthu, where Buddhists from different schools argued over fine points of doctrine, always agreeing on what the basic scriptures were, but always disagreeing about how to interpret them.

I heard a lot of talk about what ‘God had ordained’, a lot of talk about how things were and always had been and always must be: but I heard no talk of compassion. So I stuck my hand up and pointed this out. From a Buddhist perspectice, we look at what actually causes harm. We look at how people suffer. And our ethical guidelines are informed by the realities of peoples lives, not by some abstract notion of how things are.

And the simple reality is that gay and lesbian people suffer a lot. All manner of discrimination and social stigma still surrounds this issue, despite the very real progress that has been made. There are multiple lines of evidence that suggest that the effect of legalizing same sex marriage is to reduce the incidence of anxiety and stress in the gay community. It’s also been reported that, contrary to the predictations of the alarmists, the incidence of AIDS declines; which should be obvious, as marriage equality is not about encouraging homosexuality, it’s about encouraging commitment.

It seems I may have struck a nerve, for after the event when the press was interviewing us I heard Bishop Porteus speaking quite heatedly about the compassionate work of the Catholic Church for LGBT community in the fields of HIV and the like. No doubt this is true, but it misses the point. I wasn’t arguing that the Catholics (and other groups) weren’t compassionate towards the LGBT community. That’s a different point altogether, which was not the topic of the conversation. I was arguing that the reasons they had given to oppose same sex marriage were not compassionate. That’s not controversial, it was a simple observation about what had actually been said at the meeting.

When the faith leaders were asked why they opposed same sex marriage, not a single one of them expressed any compassion for the LGBT community. Not one. They might be the most compassionate people in the world, but compassion does not underlie their policy on same sex marriage.

Why Buddhists Should Support Marriage Equality

Marriage equality is one of the key social and legal issues of our time. I’d like to offer a Buddhist perspective.

As with so many ethical and social questions, especially those that involve sexuality, we find that religion wants to be at the core of things. The conservative Christian churches are leading the opposition to marriage equality. We can’t generalise on the basis of religion, though. Many Christians believe that Christ’s message of compassion and love, and the fact that he never made any statement on homosexuality, provide a basis for support of marriage equality.

In Australia there was an interesting exchange between the highly conservative Catholic leader Cardinal George Pell and the group Australian Marriage Equality. The AME asked to meet Cardinal Pell, and he consented to do so as long as the AME agreed that not all opposition to same-sex marriage was a result of homophobia or discrimination. The AME agreed, and came out with the following statement:

‘Just as we acknowledge that it is possible to oppose marriage equality without hating homosexuals, so we ask those who differ with us on this important issue to acknowledge that it is possible to support marriage equality without seeking to undermine, marriage, family, or religion.’

That’s a great starting point, and an all-too-rare example of dialogue as it should be.

But what of Buddhism? As with any issue, you’ll find a variety of positions; and as with any issue – and I apologise if this sounds cynical – most of those positions have little to do with anything the Buddha himself said or did.

In some cases we find Buddhist leaders who state the ethical case plainly. Ajahn Brahm has been very forward in supporting the gay community for many years, both in Australia and overseas. Master Hsin Yun, the leader of the international Fo Guang Shan order, said:

‘People often ask me what I think about homosexuality. They wonder, is it right, is it wrong? The answer is, it is neither right nor wrong. It is just something that people do. If people are not harming each other, their private lives are their own business; we should be tolerant of them and not reject them.’

On the other hand, the Dalai Lama has repeatedly maintained that homosexual acts are a violation against the precepts. At the same time, he insists on compassion and full human rights for all. His stance is solely concerned with what is appropriate behaviour for a Buddhist practitioner, not what should be made law.

His argument is that the sexual organs are designed for procreation and should be used solely for that purpose. So any form of sex that is not for procreation is out.

This is, to my mind, an extreme and unrealistic position. The Dalai Lama says it is based on certain medieval Indian scholars (Vasubandhu, Asanga – but I have never seen the passages myself). It certainly has no basis in the Suttas. On the contrary, the Suttas freely acknowledge that sex is for pleasure, and they never make a problem out of that. Buddhism is not a fertility religion, so why we should insist that sex be for procreation is beyond me.

The precept as found in the early Buddhist texts mentions nothing about whether sex is for procreation or not. What it talks about, solely, is whether the sexual relation involves the betrayal of a social contract. Here’s the text. It’s a stock passage, found for example in Majjhima Nikaya 41, and Anguttara Nikaya 10.176 and 10.211:

‘One is a person who misconducts himself in sexual pleasures. One has intercourse with a woman who is protected by mother, father, mother and father, brother, sister, family, clan, law (or custom, ‘dhamma’), or one who has a husband, who is punishable, or even with one garlanded for betrothal.’

Kāmesu micchācārī hoti, yā tā māturakkhitā piturakkhitā mātāpiturakkhitā bhāturakkhitā bhaginirakkhitā ñātirakkhitā gottarakkhitā dhammarakkhitā sasāmikā saparidaṇḍā antamaso mālāguḷaparikkhittāpi, tathārūpāsu cārittaṃ āpajjitā hoti.

Most of these are straightforward. They refer to women who are not ‘independent’ women in our modern sense, but who live under the authority of others. Typically, of course, this would have been young girls living at home, then in a family with a husband. There are significant variations, though, so arrangements were flexible.

It’s noteworthy that, while the Hindu texts say that a woman must always be under the authority of a man, here we find that living under the authority of a mother is next to father, and a sister is next to brother, with no implication that one of the other is preferable.

In some cases, it seems, women lived under the protection of the wider family. The one ‘guarded by dhamma’ is probably adopted, orphaned, or in some other way taken care of. The one who is ‘punishable’ is ambiguous: does it mean that the woman is to be punished (as a criminal)? Or does it mean that having intercourse with her is punishable? The text doesn’t make it clear. The woman ‘garlanded for betrothal’ refers to a woman who is, in our modern sense, ‘engaged’ but not yet married.

Obviously, the passage as stated above only refers to the man as agent. That doesn’t mean that women can’t break this precept! Like so many of the Buddhist texts, it is phrased from a male point of view (andocentric), and would apply equally to both genders. The assumption of the passage is that it is women who are under protection. This reflects the social reality of the Buddha’s time; it doesn’t endorse this situation, nor does it say that women can’t or shouldn’t live independently. It just says that if a woman (and presumably a man) is living in a committed relationship then one should not betray that.

This much is clear: the precept against sexual misconduct has nothing to do with homosexuality (or any other form of sexual activity as such.) It is concerned with breaking the bonds of trust with those that we love, and nothing else. While the specifics of the social relations in the Buddha’s time are different than today, it is not problematic to work out how to apply this in our own context, at least in most cases.

So if the precept does not concern homosexuality, what did the Buddha say on the topic? We are very lucky in Buddhism to have thousands of discourses, with the Buddha making observations or criticisms regarding many kinds of ethical issues. Rape, paedophilia, adultery: these and many other problems are clearly mentioned in the early texts, and the Buddha made it clear that he didn’t approve of them.

In the case of homosexuality, however, we have nothing in the Suttas. In all the thousands of discourses, not a single one regarded homosexuality as a significant issue.

There is one passage in the Cakkavattisihanada Sutta, which is sometimes cited by those who are trying to prove that the Buddha was anti-gay. The text discusses various examples of moral decay in society. One of the practices it mentions is, in the Pali, micchā-dhamma. This is about the most generic term for wrong doing that it’s possible to make in Pali. You could translate it as ‘wrong teachings’, ‘bad practices’, ‘misguided actions’, and so on. The commentary, compiled nearly 1000 years later in Sri Lanka, however, says it means, ‘Lustful desire of men for men, and women for women.’ (Micchādhammoti purisānaṃ purisesu itthīnañca itthīsu chandarāgo.) Since this has no basis in the text, it stands as a record of the attitude of a medieval commentator. There’s no evidence, so far as I am aware, that this attitude was representative of ancient Theravadin or Sri Lankan culture in general.

The Suttas essentially ignore any issues around homosexuality. Now, arguments from absence are always difficult. But the presence of thousands of discourses detailing lists of many kinds of ethical violations, strongly suggests that the Buddha tried to be reasonably comprehensive in addressing ethical concerns, and homosexuality was not one of them.

The picture in the Vinaya is a little different. The Vinaya is a legal code for monastics, and since it regulates the conduct of a celibate order, it deals with all kinds of possible sexual behaviours. It does so with a degree of frankness and candour that so shocked the early European translators that they simply omitted large chunks of text, or, with a quaint regard for the delicate sensibilities of young readers, translated them into Latin.

Homosexual acts, like just about any other imaginable sexual act, are depicted many times in the Vinaya, both among monks and nuns. In each case, the Buddha is shown as responding in his usual direct and common sense manner. Obviously, homosexual behaviour, like any sexual behaviour, is inappropriate among the celibate monastic community, so the Buddha prohibits it. However, this is done in a straight, matter-of-fact tone, and there is never a suggestion that there is anything wrong with gay sex per se.

In several cases the penalty is actually less in the case of homosexual behaviour. For example, for a monk to erotically touch another man is a less serious offence than the same act with a woman. Sex between women, likewise, is treated less seriously than between a woman and a man. There is one passage where the Buddha’s chief disciple, Venerable Sariputta, is said to have had two novices as students. But they had sex with each other. The Buddha laid down a rule that one should not take two novices as students at the same time! (This rule, like many others, was later relaxed.)

However, it would be a mistake to read this as implying that the Buddha regarded same-sex sexuality as somehow more permissible in the Sangha. The Vinaya, as a legal code, frequently makes judgements for various technical reasons, and there is no strong correlation between the moral weight of an act and the severity with which it is treated in the Vinaya. For example, building an overly-large hut is a serious offence, while bashing someone within an inch of their life is a minor offence.

So we shouldn’t read too much into the relative leniency of how some homosexual acts are treated in the Vinaya. The main point is simply that homosexuality is treated in pretty much the same way as any other expression of sexuality.

In these accounts there is nothing that really corresponds with our modern notion of sexual orientation. For the most part, same-sex acts are just that, acts. There’s no idea of a person who solely or primarily is attracted to people of the same sex.

The texts do speak of a certain kind of person, called a paṇḍaka. These are typically male, but there were females too (itthīpaṇḍikā). A paṇḍaka is forbidden to ordain, and is regularly associated with unbridled sexuality. It is, however, unclear exactly what paṇḍaka means. The descriptions of the paṇḍaka are few, and not always consistent, but there seems to have been some physical attribute involved, as well as a set of cultural behaviours. Perhaps they were some form of eunuchs who performed sexual services. In any case, the paṇḍaka is clearly not a homosexual in the modern sense of the word. They may be connected with the modern classes of Hijras and the like, who are considered a ‘third sex’ in India, including transsexuals, hermaphrodites, and eunuchs.

To sum up, early Buddhism is well aware of homosexual acts, and never treats them as an ethical problem. Homosexuality as a sexual orientation is not found.

This is completely in line with the Buddha’s take on ethics. The Buddha did not ethically judge persons, he judged deeds. People are simply people, who do various kinds of things, some good, some bad. If a person does a deed that causes harm, this is what the Buddha considered ‘unskilful’. If the deed causes no harm, it is not unskilful.

The basic problem in sexual ethics, addressed in the third precept, is betrayal. ‘Sexual misconduct’ is sexual behaviour that causes harm by breaking the trust that a loved one has placed in us. The Buddha was compassionate, and he never laid down ethical rules that caused harm or distress. Making a moral proscription against homosexuality marginalises and harms people who have done no wrong, and it is against the basic principles of Buddhist ethics.

It’s so important to keep this essential ethical question in mind. In discussions on homosexuality, as with just about any other controversial ethical issue, there is a pervasive tendency to confuse the issue. Why do we find it so difficult to look at an ethical question rationally? It is true, there are some issues that are complex and the details can be difficult to work out. But this is not one of them.

Countless times we are told, for example, that homosexuality is ‘unnatural’. Surely a moment’s reflection should show us this is not true, because there’s plenty of homosexuality in the animal world. And anyway, how is gay sex more unnatural than, say, typing on a keyboard, or wrapping food in plastic? But this is all beside the point. Being ‘unnatural’ is not an ethical issue. The issue is whether it causes harm, not whether it is natural or not. That is no more an ethical issue than is the choice, say, to eat organic or non-organic vegetables.

Homosexuality is also regularly linked with sexual ‘decadence’ in general. Homosexuals are said to be paedophiles, or promiscuous, or to cause diseases such as AIDS. Allowing homosexual relations is to licence all manner of debaucheries. This objection, too, is not valid: gays behave in all sorts of ways, just as do straight people.

Blaming gays for AIDS is one of the most cruel arguments possible. We feel compelled to look for examples that show the absurdity of these views. What of babies born with AIDS? What of those who get AIDS via blood transfusion? Incidence of malaria is much greater among poor people – are we to blame them, too? And why is incidence of AIDS among lesbians so very low – is lesbianism kammically preferable?

But we shouldn’t have to look for such examples. Like the arguments mentioned above, the whole thing is missing the point. Take the ‘worst case’ scenario, the cliché of the promiscuous, irresponsible, drug-taking, careless gay man. We might not think his behaviour is praiseworthy or wise, but does it deserve a slow, lingering, and painful death? Are we really comfortable to righteously proclaim the justice of destroying a human life, because we think that the way they have sought pleasure is irresponsible? This whole argument is inhuman and unworthy.

If there are behaviours that gay people do that increase transmission of HIV, for example, then we can try to change those behaviours, just as we would try to help any people who were inadvertently causing harm. What the marriage equality movement wants is to enable people of various sexual orientations to live in an accepted, recognised, and legal framework which supports the development of loving, committed relationships. Banning gay marriage is the very best way to ensure gays remain marginalised.

Another red herring, in my view, is the ‘born this way’ argument, which is often used by those who support marriage equality. Homosexuality, so the argument goes, is not a choice, some people are just like that and can’t change. While this is an important, if contested, fact, it misses the ethical issue. What if some gay people don’t feel like they were ‘born this way’? What if they feel like they have made a conscious choice? Whether this is the case or not, or whether there are in fact hidden biological factors involved, so what? Having sex with someone of the same gender is not a harmful deed, nor is marrying someone of the same gender. Whether it’s by biological determinism or free will, nothing harmful is done, so there’s no ethical problem.

Perhaps the single most fallacious argument against gay marriage is simply that it upsets the customs of society. Marriage has always been between a man and a woman, therefore it will damage society to do it any other way.

This argument, favoured by conservatives, once again completely misses the point. The damage is already here. Violence, trauma, and abuse is a part of the living reality of millions of perfectly good people all over the world, simply because the have, or want to have, sex with persons of their own gender. Part of society is broken, and it needs fixing.

This is the same argument that was used to oppose abolishing slavery, votes for women, property rights for all, and so on. In each case, those in the position of privilege strive to keep others from getting the same rights. And since the cost of inequality is borne by the ‘others’, it does not exist for the privileged.

When we introduce compassion into the equation, however, we recognise that society has always been imperfect. Just because something was done in the past does not make it right. Perhaps it was the case that in certain times and places our marriage customs made more sense than they do now. But that’s not the point. The point is, what is the right thing to do now? To continue to exclude, marginalise, and discriminate? Or to broaden our moral horizons, to fully accept and include all people?

If homosexuality as such is not a problem, what then of same-sex marriages? In this area we find that the Buddha had even less to say. In fact, there is no such thing as a Buddhist marriage. Buddhists have simply adopted the marriage customs of the culture they find themselves in. The most basic model, therefore, was the customs of ancient India. These have been the basis for Buddhist family customs, adapted in each society that Buddhism has gone to.

In ancient India, there were several forms of marriage. As with all things Indian, there is no insistence on one true, correct way of doing things. Some Hindu texts list a whole range of marriage possibilities, which are correlated with the levels of Indian cosmology. The highest form of marriage is the ‘Brahma wedding’, where the bride and groom, each pure in lineage and caste, is united in the most perfect of ceremonies. If the marriage is lacking in some perfections of detail, it is reckoned as pertaining to the lower classes of deities. The lowest of the auspicious weddings is the gandharva wedding, where the bride and groom simply elope. Then there are the various inauspicious unions, those of the yakkhas or rakkhasas, where, for example, the woman is abducted by force.

Along with this diversity in wedding style, there were different marital arrangements. Monogamy seems to have been common, and of course these were often arranged marriages – but ancient Buddhist texts also record a strong struggle by women for autonomy in the marriage choices. Polygamy is also common, and was the norm for kings. Polyandry is less common, but is central to the most famous of all Hindu texts, the Mahabharata. Apparently polyandry is common in Tibet.

I’m not trying to uphold the Indian marriage system as superior to that in the West. It has its own problems with inter-caste marriages, arranged marriages, domestic violence, and so on. I’m merely making the point that there has traditionally been an adaptive diversity of living arrangements that were considered to be valid forms of marriage, and that this can be seen in some ways as a precedent for the modern idea of same-sex marriages.

So there has always been a flexibility and diversity in marriage customs in the Indian sphere that stands in clear contrast with the ‘one and only’ correct form of marriage that is, in the main, endorsed by the contemporary monotheistic religions. Same-sex marriages were not, so far as I’m aware, historically acknowledged within the Indian cultural sphere. Nor am I aware of any laws against them, such as we find in the modern day. Given the wide variations in marriage customs, including many forms of marriage that would not be considered valid in modern times, it would seem that the typical Indian approach was that of tolerance and inclusion. Accordingly, when the British law that made gay sex a crime was repealed in India in 2009, some Hindu authorities applauded the move, saying homosexuality was part of the divine order.

Unfortunately, this tolerant attitude is not always the case today. One sometimes finds Hindutva polemics against homosexuality. Such discourse, sadly enough, often rails against the supposed debauched influence of ‘Western’ morals, oblivious to the fact that anti-gay attitudes were themselves imported into India by the monotheistic religions. This ambiguity has been expressed by the highest authorities in India. Goolam Vahanvati, then solicitor-general and current attorney-general, stated to the UN Human Rights Council:

‘Around the early 19th Century, you probably know that in England they frowned on homosexuality, and therefore there are historical reports that various people came to India to take advantage of its more liberal atmosphere with regard to different kinds of sexual conduct.

‘As a result, in 1860 when we got the Indian Penal Code, which was drafted by Lord Macaulay, they inserted Section 377 which brought in the concept of “sexual offences against the order of nature”.

‘Now in India we didn’t have this concept of something being “against the order of nature”. It was essentially a Western concept, which has remained over the years. Now homosexuality as such is not defined in the IPC, and it will be a matter of great argument whether it is “against the order of nature”.’

A similar situation prevails in other Buddhist countries, too. In Japan, China, and elsewhere, the early generations of Christian missionaries were shocked at the casual acceptance of homosexual behaviour among the Buddhists. They immediately set about trying to persuade the world that their own version of sexual propriety was the right one for everyone.

Sadly enough, modern generations of Buddhists and Hindus are now doing this work for them, oblivious to their own more accepting and compassionate past. When a Thai monk like Thattajiwo, one of the leaders of Dhammakaya, rails against the ‘sexual perverts’, who have called down the kammic justice of AIDS (‘the executioner of the sex-mad’) upon them, oblivious of the pit of sin they have fallen into, and the even greater sufferings that await them in future disease-ridden hells of torment, he is merely parroting the frothing excesses of Christian and Islamic fundamentalists. (Phra Thattajiwo Bhikku. Waksiin Porng-kan Rook Eet (A Vaccine to Protect Against AIDS). Pathumthani: Thammakay Foundation.) Such apocalyptic and condemnatory ‘ethics’ have no basis in the Buddha’s teaching.

So in today’s climate, what are we to do? For the Buddha, homosexuality was clearly not an issue. Nor was making laws proscribing valid forms of marriage. What was an issue, on the other hand, was compassion. The very essence of compassion is to reach out to those who are suffering, those who are marginalised. and persecuted. People whose sexual orientation varies from the majority suffer discrimination, bullying at school, violence, and emotional trauma. As Buddhists we should recognise a clear moral imperative to help wherever we can.

One might object that since the Buddha made no statement on the legalities of gay marriage, we should do the same. But the problem is a little more subtle than that. We are living in a culture where, based on certain religious and cultural ideas, certain ways of living one’s life have been made illegal. This is an artefact of the conditioned and always arbitrary course of history, not a timeless feature of the human landscape. In Australia, for example, there was no clear Federal law that prohibited same-sex marriage until 2004.

Supporting marriage equality is not to introduce something new, but simply to abolish laws that discriminate. The injustice is already in place. The harm is being done. The change is merely to remove the harmful influence of discriminatory laws, which should never have been there in the first place.

People are people, regardless of their gender, colour, nationality, or sexual orientation. The Buddha taught ‘for one who feels’. That’s the only requirement for Buddhist practice: one who feels. In the past our society decreed that marriage should not be between people of a different race, or a different colour, or a different religion, or a different nationality. Over time, we decided that these rules were harmful, and we abolished them.

Catastrophes were predicted: they didn’t come true.

What has happened, rather, is that we have become a little more open minded, and a little more aware of the suffering of others. The test of our generation is whether we can continue this move towards a more accepting and loving way of living, or whether we are to regress to a meaner, hard-hearted place.

My society, my culture, the one that I’m proud of and want to belong to, is this one. The society that is kind, questioning, accepting. Let us take up the best aspects of our own cultures, whether they be Buddhist or modern cultures, and discard all that is unjust, discriminatory, and harmful. Let us give our full support for marriage equality, for if we do not we are betraying the best part of our humanity.

10 reasons why 2012 is looking good!

The new year is upon us – and a very merry one for all sentient beings!

The doom-mongers will be out in force this year, so let me, as a died-in-the-wool contrarian, offer 10 reasons why 2012 is shaping up to be a great year.

  • EU is banning factory hens. Ok, that may be a bit overstated, as they are just being allowed some extra space and some other welfare provisions; and there will always be compliance issues, but hey, it’s a start. And provisions for the welfare of other farmed animals is following in the next few years. The appallingly cruel development of factory farming is one of the most vile products of technology, and its end cannot come too soon.
  • Bhikkhunis keep on happening. We have seen the ending of Wat Pa Pong’s policy of banning monks from Bodhinyana who had participated in bhikkhuni ordination. Next year there will be a large scale bhikkhuni ordination in Vesali. While in Malaysia, I heard many hopeful things about the setting up of a new centre there. Through Indonesia, Malaysia, and Singapore, I heard words of encouragement, gratitude, and support for the bhikkhunis. There’s over 1000 bhikkhunis now in Sri Lanka, and this is just the beginning.
  • Troops are getting out of Iraq and Afghanistan. Not unproblematic, of course, but surely the only thing that can possibly work in the long term. Perhaps in the future our beloved leaders might reflect first on whether invading foreign countries is the most effective way of making them love democracy and freedom.
  • Kids TV show Waybuloo has got yoga and other cool stuff. Aww! Cute characters be nice to each other, share hugs and grow flowers, and float when they get happy, which is lots! It must be good, ‘cos the fundamentalists hate it.
  • After the Year of the Protestor, what happens next? From the Arab Spring to Occupy, people got out on the streets, almost always peacefully, and said, ‘Enough!’ the struggle for freedom, peace, equality and all good things is very far from over, but it is happening. A couple of years ago, who would have guessed? And what will the outcome be for the next year? Since we know that non-violent protest movements are far more successful than violent ones, I think there is a good chance that at least some of the progress will stick.
  • Fundamentalism is dead. Alright, not dead yet. But dying. Maybe not dying, but still. Pining for the fjords, at least. The unstoppable wave of ignorance and stupidity in the name of ‘religion’, which dominated global events from the time of 9/11, seems to be on the wane. The Arab Spring and other major shifts, including climate change, are driven by other concerns. The Tea Party candidates are dropping out of the US elections; it seems there is a limit to the lunacy that democracies will tolerate. We might even see a drift back to sanity-based politics. Hopefully this will accompany a more healthy relationship between religion and science.
  • Technology catches up on global warming. Even though the political response to the global warming crisis has been an almost unmitigated failure, technology is at least making some headway. This map shows how soon there will be cost parity between solar and current electricity generation in the US. Parity arrives in San Diego in 2014, according to their calculations. For more info, check out The Futuremakers, a great doco on emerging energy technologies by my old friend Maryella Hatfield.
  • More people are meditating than ever before. At least in the US: “A 2007 national Government survey that asked about CAM use in a sample of 23,393 U.S. adults found that 9.4 percent of respondents (representing more than 20 million people) had used meditation in the past 12 months—compared with 7.6 percent of respondents (representing more than 15 million people) in a similar survey conducted in 2002.” That’s nearly 25% increase in 5 years. The growth of meditation worldwide is perhaps the most significant thing ever in the history of humanity. For the first time, a large percentage of people, of all nationalities and religions, and in all kinds of settings, are consciously and deliberately making efforts to purify and expand their consciousness. No-one knows what the possible outcomes of this will be – but it will be more than just a little short term stress reduction.
  • Violence continues to decline. We have discussed Steven Pinker’s argument that violence is, on the whole, in decline. He continues to make his case, and statistics argue in favor of many of his key points. For example, homicide rates worldwide continue to decline. here’s hoping that 2012 will be humanity’s most peaceful ever.
  • The prophets will be wrong, again! Here’s counting down to Dec 20, 2012, when the world is going to end and all the usual yada yada. Me, I’ll be kicking back here at Santi with a lovely cup of coffee and a nice ‘told you so’. You’re welcome to join!

So there’s ten. What other great things can we look forward to in 2012?

Bhikkhuni Ordination at Spirit Rock

Better late than never. After being one of the most vocal supporters of bhikkhuni ordination, I unaccountably omitted blogging about the recent bhikkhuni ordination at Spirit Rock, California. My apologies to all, I beg the Triple Gem of excuses: busyness, disorganizationedness, and illness (a bout of flu hit Santi a month ago – yes, we’re all recovering, thanks!).

On October 17, three nuns took full ordination: Venerables Anandabodhi, Santacitta, and Nimmala. Congratulations to all those who took part, and especially to the three new bhikkhunis!

Venerables Anandabodi, Santacitta, and Nimmala receive full ordination

You can see details of the ordination here, photos here, messages from the nuns and the community here, and watch the video slideshow below.

Also, check out the film project on bhikkhuni ordination by Wiriya and Katrina – we’ll keep you posted as this develops.