Meanwhile, if I'm reading this email (reprinted by PrawfsBlawg's Hillel Levin) correctly, then Professor Kenji Yoshino has favorably cited my blog post on his book. Here is the relevant Yoshino quote:
In terms of remedies, I'm with the person who responded to your post by observing that a rights-based approach can protect difference by finding common ground at a higher level of generality. To take a simple example, a right against discrimination on the basis of religion would protect individuals of different religions. I don't think this universal rights approach is a panacea, but I do think it is an avenue our courts and legislatures should explore further. In fact, as our country gets more diverse, I think we will be driven toward this universal liberty approach because the group-based equality approach lends itself to the very balkanization you describe. Last quote: "Ironically, it may be the explosion of diversity in this country that will finally make us realize what we have in common. Multiculturalism has forced us to vary and vary the human being in the imagination until we discover what is invariable about her." p.192.
The emphasis is my own. So is that person me? Well, here was my quote:
When we affirm the right of other cultures to have their own identity free from social stigma, we aren't crafting some bordered ethnic sovereignty model within which they can freely operate and from which we are irrelevant players. It isn't a conference of exclusivity. It's just a different type of shared value: the value of autonomy, the value of human dignity, and yes, as Levin says, the value of respect. I wish for my choices to be respected, and thus I respect the choices of others. This is not an uncrossable gap. Much the opposite, it creates a very strong and very deep bond between all of us as persons that, by protecting ethnic, religious, and social bonds, also transcends them.
I've trolled through the comments in Hillel's posts, and I don't see anything closer what he purports to agree with than that. So I think I can fairly say it was me.
There's no impact here. It's just cool to have a Yale Law Professor say "yeah, this guy's got it down." And like with the other post, it's nice to see that smart people are agreeing with what I say. I love a good debate, but having allies every once in awhile does wonders for the ego.