Showing posts with label First Amendment. Show all posts
Showing posts with label First Amendment. Show all posts

Thursday, January 15, 2015

TFTD: Well Said Holy Father

Full transcript of Pope's interview in-flight to Manila :: Catholic News Agency (CNA)

The Holy Father has spoken about the Charlie Hebdo murders in a way that makes a lot of sense, but will probably not win him support from those who believe there can be no restrictions on speech and press. He makes a two prong statement that addresses both issues:

  1. Using violence in the name of God can never be done.
  2. The freedom of speech is not an absolute that can justify saying anything offensive.

Basically, the Pope said that people have the right and obligation to speak the truth, but freedom is not absolute. One cannot be grossly offensive, especially when it comes to people’s religious beliefs. Even when people are grossly offensive, others don’t have the right to turn to violence in response. However, anger at having something important being attacked is not wrong in itself. (Which is a very useful point—too many try to twist Christians being offended by attacks as if it was “unchristian.”)

Unfortunately, some are beginning to accuse the Pope of supporting the terrorists—never mind the fact that he has continually condemned terrorism and clarified any possible ambiguities in what he said. They look at it as Either-Or, ignoring the fact that condemning both is a legitimate option.

But what he said makes perfect sense. Even if a non-Christian does not share our values, his words can be understood in terms of respect for others. When we make use of the freedom of speech or the press, we have to be respectful of others. When we speak about things we believe to be wrong, we do so with charity. If someone with a large audience does something grossly offensive and millions are offended, there will probably be a small group among them who would be willing to make an extreme response. It would be wrong of them to do so, but they may be motivated to act in spite of the their moral obligations not to murder.

Ultimately, that’s what happened with Charlie Hebdo. Millions of Muslims were angry, and they had a right to be angry by the offensive antics of this magazine. Tragically, some of these Muslims believed it was acceptable to murder. They were wrong to murder, regardless of what offensive garbage the magazine chose to publish. We believe that Charlie Hebdo did not have the right to be grossly offensive, regardless of their convictions.

So, as I see the Pope’s statement, he sees two wrongs: The wrong of people murdering those they disagree with and the wrong of being deliberately offensive. Both of these are condemnable. The Pope is not siding with the terrorists, but he is not Charlie either.

Tuesday, December 9, 2014

TFTD: The Chilling Imposition of Ideology

I came across an article today: "Catholic profs told to report opposition to 'gay marriage' as harassment :: Catholic News Agency (CNA),” that is troubling in one sense, and downright chilling in another sense. The troubling sense of the article is that a Catholic university (Marquette) has had a training session which tells them to report opposition to so-called “same sex marriage” as “harassment.”  The article reports a spokesman from Marquette as saying:

Brian Dorrington, senior director of communications at Marquette University, told CNA Nov. 21 that the university requires all employees, faculty, staff and student employees, to complete an anti-harassment module “in accordance with federal law and university policy,” He added that harassment training “includes the latest changes in law, and workplace diversity training reflects developing regulations.”

He said the presentation uses “hypothetical scenarios” are “teaching tools do not necessarily equate to university policy.”

Given that the Church condemns sexual acts outside of the marriage of one man and one woman as morally wrong, the fact that a Catholic university has given such a training session to be morally troubling.

However, while troubling (a Catholic university should bear witness to the truth despite what people say), this is not what makes it chilling.

What makes it chilling is the fact that this university believes it has to do this to be in compliance with EEOC regulations and court decisions that decree that the belief in marriage being between one man and one woman is “discriminatory.” Apparently, the government sees this belief, expressed publicly, is considered harassment. In other words, to publicly express that a thing is morally wrong is speech which can be targeted. As the program states:

“Although employees have free speech rights under the United States Constitution, in academic and other workplaces those rights are limited when they infringe upon another person’s right to work in an environment free of unlawful harassment.”

Of course, the person who thinks they should be allowed to work without having their religious beliefs attacked aren’t covered. The rights of the atheist to mock Christianity in a university is widespread. But the rights of the Christian to say, “This is wrong,” are blocked.

So, it’s a “right” that is similar to the sentiment expressed in George Orwell’s Animal Farm: "All animals are equal, but some animals are more equal than others."

if someone dislikes what you have to say, you can’t say it—so long as what you say goes against the favored ideologies. So, you’re free to bash religion in public, but presumably a Catholic in a Catholic institution could be accused of harassment for quoting the Catechism of the Catholic Church when it states:

2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity,141 tradition has always declared that “homosexual acts are intrinsically disordered.”142 They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved. (2333)

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God’s will in their lives and, if they are Christians, to unite to the sacrifice of the Lord’s Cross the difficulties they may encounter from their condition.

2359 Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection. (2347)

Our teaching says we cannot mistreat a person—treat him or her as less than human—just because he or she has a same-sex inclination, but that doesn’t mean we have to accept such behavior as morally indifferent. But apparently, speaking out on what is right counts as “unlawful harassment."

What it boils down to is that we no longer have the freedoms of the First Amendment. We have preferred ideologies which are free to say what they want, and unpopular beliefs which will not be tolerated when they speak against the preferred ideology.

That’s kind of troubling. One thinks of how Brendan Eich was forced out of Mozilla because he privately supported the defense of marriage against redefinition by a donation. Mozilla suffered no repercussions for their action, even though Eich’s action was in no way a violation of Mozilla policy. But, on the other hand, a Catholic parish is being sued because they terminated an employee for publicly flaunting their defiance of Church teaching. One wonders if, by 2016, Google (which runs the Blogger sites) might decide that the blogs which speak in a way they disapprove of can be removed because they promote “discrimination.” Perhaps not, but it is part of the same principle—if speech our political and social elites dislike can be labelled “unlawful harassment,” then the limits to what they can get away with are few.

That’s a real problem. Such policies violate freedom—which America is supposed to be based on—in several different ways, but because the targets are unpopular with the cultural elites, they can get away with it..

In terms of the Freedom of Religion, Catholics believe that the Church is given the mission by Christ to preach the Gospel to all nations. This includes teaching about sin and the need for repentance. We cannot be forced to do what we think is evil and we cannot be forced by the government to teach only what they want us to teach. The Constitution, in this respect, recognizes that the government does not have the right to make such demands on a person. But more and more often, we are seeing the government decree (or permit lawsuits) that do make such demands, while denying the rights of the Christians to live as they believe they ought—particularly if they run a business.

In terms of Freedom of Speech, we are seeing amazing hypocrisy. Christians in America are constantly being told that if we don’t like something, just ignore it. But when others hear Christians say or do things they dislike, we’re told to cease and desist. There’s no freedom of speech there. At a bare minimum, we can say, either give us the same freedoms that our critics possess or give them the same restrictions they give us. Otherwise, there is no freedom.

Our rights to petition the government peaceably for grievances are being denied. When we enact laws which promote the shared values of a majority of citizens, the result is unelected courts overturning the laws they dislike—not by a blind equality for both sides, but by an unequal favoritism towards some views.

Now, it is disappointing that Marquette went along with this policy, instead of standing up for what was right. But let’s remember that the symptom of Marquette reflects the real problem—that publicly expressing what we believe is right means we can suffer legal penalties for being obedient to Christ in a way that even the most indifferent person should recognize is a right the Constitution promises and the government ignores.

Friday, October 24, 2014

The Tactics of Redefinition Leads to the Abuse of Law

A few months ago, people were arguing that a religious  freedom was for individuals, not for businesses. Now, definitions have changed again, and a couple who run a marriage chapel according to their religious beliefs are being told to perform same-sex “weddings” or face penalties of 180 days in jail and $1000 in fines for each day they refuse to perform these services. (For refusing to perform one service for one year, that’s 180 years and being fined $365,000 . . . murderers don’t face those penalties).

The argument is that this chapel is not a church but is "considered a place of [public?] accommodation” and therefore subject to the ordinance.

Now a place of accommodation is considered to include:

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

So, basically this is assuming that because a wedding chapel, which approaches marriage from a Christian perspective, serves the public, it cannot refuse performing same-sex ceremonies. This is essentially a use of redefining in order to change the meaning of the law to the benefit of one group and the detriment of another group.

That’s the common practice in America today. When it comes to religious freedom, the government practice is to define the law or court ruling in such a way that they can exclude as many as possible from the exercising of these rights if the exercise of religious freedom goes against the preference of the lawmaker or the judge.

Religious freedom belongs to the Bill of Rights as something the individual possesses independently of what the government bestows—the government simply has no right to infringe on them. The First Amendment essentially enables the freedom to do what one feels morally obligated to do. It’s not a laundry list of separate and unrelated rights. It’s a case of of forbidding the government from coercing people to do that which they believe is immoral to do. The amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

So according to this, the State cannot:

  1. Restrict one’s right of peacefully living in accord with one’s religious beliefs.
  2. Restrict one’s right to peacefully speak or write to promote what one believes is good and oppose what is evil—openly.
  3. Restrict one’s right to peacefully assemble with people who share one’s beliefs.
  4. Restrict one’s right to peacefully change the government through legal means when we believe it is going in the wrong direction.

But the government and groups allied with it have been restricting these rights by trying to limit the influence of religion in the following ways:

  1. Denying the freedom of religion from applying to all aspects of the life of the person who adheres to it.
  2. Bullying people from speaking out on what is right.
  3. Limiting what kind of groups that assemble can practice religious freedom—for example, denying places of businesses can be run according to religious beliefs of the owners.
  4. Negating laws supported by a majority of citizens on the grounds that it has a “religious motivation.”

These tactics pervert the First Amendment by making the government the judge of which religious values are legitimate concerns, when the whole point of the First Amendment was to prevent the government from behaving in this way. The government being able to restrict whether a person or group may be free to hold to a belief others may dislike is a dangerous one. The Nazi and Communist regimes are obvious examples of a government forbidding anything deemed to be against their interests. But other restrictions by less extreme regimes differ only by degree because the government is still demanding authority over the religion one believes to be right.

Thus the government declares that a university or hospital affiliated with a Church may not refuse to supply coverage of contraception and abortifacient drugs even though the Church believes the use of these things is wrong. It decrees that a wedding chapel, run by Christians according to religious values, may not refuse to officiate over a relationship the owners believe cannot even be a marriage. It says laws passed by a majority of citizens affirming that marriage is a relationship that only can exist between one man and one woman, or laws acknowledging that the unborn child is a human being are not valid because the shared beliefs of the voters is deemed “religious.” (Genetic Fallacy).

The defense currently popular with the government and its allies is to equate these things with historical “discrimination.” For example, laws against contraception and abortion are considered “discriminating” against women. Laws defining marriage as existing only between one man and one woman are labelled as discriminating against people with same sex attraction. The assumption is supposed to be proven, but the fact is people assume it is proof. (Begging the Question Fallacy).

Ultimately, what the government does is to constantly redefine things in order to place something they dislike under the categories of “discrimination,” “establishment clause,” or “equal protection clause” in order to prevent them from being enforced.

What was once recognized as freedom under the First Amendment is now called “discrimination.” This is not because we have become more enlightened (begging the question again), but because it is a convenient way to negate a law the government dislikes without using the legal process to change a law.

Another tactic is the slippery slope fallacy. It is alleged that without the government and the courts overseeing religion, we’re opening the doors for the rise of sharia law or human sacrifice. But that’s asinine. The American concept of the freedom of religion has never recognized the right of a religion to actively harm another person. Nor have the advocates of religious freedom ever advocated such a thing. Catholic bishops condemn abortion—but they also condemn the murder of the abortionist.

Scare tactics like that make no sense. It’s wrong for Person A from Religion B to murder another person, so it’s wrong for person A to oppose contraception and abortion?

If anything, it’s government that is behaving in a coercive way. Imposing support for anti-Christian values against the will of the Christian citizen is merely a bloodless version of something like ISIS is doing in the Middle East. Go along or be targeted—by law or by bullying in our case. I don’t use this image insensitive of the suffering of the Middle East. Rather I am pointing out that, regardless of whether one uses law or terror to impose a position, one is actively forcing believers to do what they believe is wrong (which is quite different from forcing everybody to do what a religion wants). It is a violation of religious freedom

So ultimately, we have to beware the government because the government changes the meaning of words (fallacy of redefining). When it changes the definitions of words and legal terms, such as “religious freedom” and “marriage,” it does so to vilify the opponent or to promote its own agenda. The danger is, when we allow the government to do such things, it can easily change anything it wants. The only defense is to hold it to the true definition every time.