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

Wednesday, October 17, 2012

Meanwhile, Stupidity Marches On


As the grand imbécillité that is American electoral politics continues to dominate the news, the petit imbécillité of everyday American life marches proudly on in the form of an ongoing dispute between cheerleaders and atheists. (Don't worry, Rick Perry is getting a proxy involved. That should make things simpler.)

Texas Attorney General Greg Abbott said Wednesday he will defend high-school cheerleaders who want to use Bible verses on banners at football games.

Mr. Abbott filed court papers to intervene in a lawsuit that cheerleaders at Kountze High School filed against the school district complaining that a new policy violated their freedom of speech. In September, district officials told the cheerleaders to stop using Bible verses at football games after the Freedom From Religion Foundation complained.

The atheist group argued that using banners with phrases such as, "I can do all things through Christ that strengthens me," violates the First Amendment prohibition on the government establishing a religion.

ATTN Atheists: It is profoundly stupid to think that "Congress shall make no law..." should somehow be interpreted "Cheerleaders shall make no banner..." and that's before we even get into the stickier issue of what "establishment" is.

ATTN Cheerleaders: It is profoundly stupid to think that Paul wrote Philippians 4:13 with anything like the herculean struggles of the Kountze Varsity Lions (Ra! Ra!) in mind, and that's before we even get into the stickier issue of whether or not the piece of paper you're going to have athletes run through is the appropriate place to write religious slogans or the appropriate arena to take legal stands.

ATTN State of Texas: It is profoundly stupid to insert yourself into the middle of a conflict between two demonstrably ridiculous disputants, and that's before we even get into the stickier issue of whether or not the state even has a legitimate interest in this debate.

Just a little reminder to all the parties involved, including those of us watching at home, how readily we allow ourselves to be distracted by the most absurd "problems."

Sunday, October 7, 2012

Pulpit Freedom Sunday

There is a fairly simple test of validity for Christian civil disobedience, and Pulpit Freedom Sunday fails it. For those who haven't heard, Pulpit Freedom Sunday is an initiative put together by the Alliance Defending Freedom that has rallied the support of some 1,000 preachers to violate the law today by endorsing political candidates from the pulpit:

Pastors are hoping their bold move will prompt the IRS to enforce the 1954 tax code, the so-called Johnson Amendment, which prohibits tax-exempt organizations, such as churches, from making political endorsements. The law states it is illegal for churches that receive tax-exempt status from the federal government to intervene in “any political campaign on behalf of (or in opposition to) any candidate for elective public office.”

Alliance Defending Freedom, which is holding the summit, said it wants the IRS to press the matter so it can be decided in court. The group believes the law violates the First Amendment by “muzzling” preachers.

“The purpose is to make sure that the pastor -- and not the IRS -- decides what is said from the pulpit,” Erik Stanley, senior legal counsel for the group, told FoxNews.com. “It is a head-on constitutional challenge.”

It's a worthy enough cause, I suppose, from a secular standpoint, and I certainly sympathize with an interpretation of the First Amendment which ensures legal protection for political speech, even by non-profit employees. After all, Citizens United taught us that corporations are people and money is speech. It would be a travesty of common sense to accept that but reject the notion that preachers are people and sermons are speech. But, being the confirmed old Christian anarchist that I am, whether or not the preachers have a constitutional case is largely academic for me. I am more concerned with whether or not the this instance of lawlessness is permissible by scriptural standards.

The classic biblical justification for civil disobedience, the clear exception to the otherwise ubiquitous insistence on lawful submission to the state--rendering unto Caesar, being subject to governing authorities, honoring the king--is Peter before the high priest. At first blush, this would appear to be a sound justification for Pulpit Freedom. After all, the issues seems to be the high priest telling Peter and the apostles what they can and cannot preach. Surely, however, our interpretation cannot be so anachronistic as to believe that the principle at issue here was one of free speech and the independence of the church from state censorship. Those are not first century concerns.

The real issue, the obvious issue, the issue that has been recognized by countless thorough and even casual exegetes, is that the commands of the ruling authorities directly interfered with the proper exercise of Christianity (if I may--hypocritically and anachronistically--throw that term back onto Peter). This would be the grounds not only for the continued preaching of the apostles throughout Acts in spite of persistent official and unofficial opposition, but it would also be the rationale that made later Christians prefer martyrdom to burning incense for Caesar, made them refuse under threat of torture and death to renounce the faith, and, if I may let my examples be a little more tribalist, has caused countless conscientious objectors to suffer abuse and death at the hands of the state. In each case, what was at stake was not preference or rights but the essence of Christian living. When a conflict arises between the mandates of God and the mandates of the state, Peter makes abundantly clear what would probably have been obvious nonetheless. God takes priority.

The question then becomes whether or not candidate endorsements are essential to the practice of the faith or, to put it another way, whether or not I can be a good Christian without taking sides politically. Obviously, I spend more time wondering whether or not I can be a good Christian if I do partake of the fruit of the tree of the knowledge of Whig and Tory, but even those still hopelessly mired in the belief that there is no conflict between faith and politicking must surely admit that it is possible to be a good Christian without being a good Republican, a good Democrat, a good independent, or even a good citizen if we're defining that as active participation in the democratic process. Or at least I would hope most could admit that. Certainly, I can recognize that there is more than ample room for uncertainty in the realm of civil disobedience, particularly when ethical questions become more slippery than our neat categories of right and wrong can handle. But unless there is someone who would like to argue with me that abstention from politics is a positive sin, then there is no basis on which to believe that something as trivial as the violation of our artificial, contrived rights is grounds to break the law, man's and God's.

What we have here, the fundamental conflict for the Alliance Defending Freedom (and let it not be lost on anyone the use of "Defense" and "Freedom," those two favorite codewords for mobilizing aggressive, militant behavior) is not between what God commands and what the state commands but between what the state promised and what the state delivered. There's a disconnect, certainly, or at the very least a lack of clarity. In any case, a Christian--or any reasonable person, really--should not be surprised when civil government proves itself inconsistent, self-defeating, and oppressive. That's the nature of the beast and all the more reason to keep it out of our sanctuaries.

Meanwhile, because I abstain from politics I found myself regrettably compelled to abstain from church today as well. I only hope someone, somewhere had a bolder response. Perhaps, in messianic fashion, someone took a whip (figuratively) and drove the peddlers out of God's temple. A politician is certainly no less a robber than a vendor. If turning the holy place into a marketplace is enough to get the Son of God angry, do we assume he'll be any more pleased to see it turned into the Forum?

Saturday, June 4, 2011

Gay Marriage: It's the American Way

I have previously voiced my belief that it is patently unamerican that homosexuals are not allowed to marry in this country. I frankly cannot understand why the American government (at the behest of the American people) is involved in sexual ethics at all. It is legal in this country for two men to hold hands, to kiss, to have sexual intercourse, to cohabitate, to adopt children (with a little hoop jumping), to grant each other power of attorney, and to name one another in their wills. If twelve male dwarves wanted to have an orgy in a vat of chocolate pudding, they could do it legally and make the pet parrot watch. We may be disgusted by it (and I may never each chocolate pudding again after concocting that image), but there seems to be a pretty general consensus that our government should not be involved in the sexual behavior of consenting adults. It boggles my mind, in view of all this, that so many Americans would take such a firm stand on whether or not homosexuals can enter into the (unfortunately) public contract of marriage.

And since we are talking about the "rights" of homosexuals anyway, now seems as good a time as any to share a selection from Ron Paul's Liberty Defined on this very issue:

Most Americans do not question the requirement to obtain a license to get married. As in just about everything else, this requirement generates unnecessary problems and heated disagreements. If the government was not involved there would be no discussion or controversy over the definition of marriage. Why should the government give permission to two individuals for them to call themselves married? In a free society, something that we do not truly enjoy, all voluntary and consensual agreements would be recognized. If disputes arose, the courts could be involved as in any other civil dispute…

I’d like to settle the debate by turning it into a First Amendment issue: the right of free speech. Everyone can have his or her own definition of what marriage means, and if an agreement or contract is reached by the participants, it will qualify as a civil contract if desired…

I personally identify with the dictionary definition of marriage: “The social institution under which a man and woman establish their decision to live together as husband and wife by legal commitments or religious ceremony.” If others who choose a different definition do not impose their standards on anyone else, they have a First Amendment right to their own definition and access to the courts to arbitrate any civil disputes.


While I do not recall Paul mentioning it, I think it warrants remembering that marriage licences have been used throughout the past century of American history by the government in order to enforce what it believes are acceptable standards for marriages. In times not so long past, the government protected us from the possible catastrophe of marriages between whites and blacks or, worse still, Japanese! The practice is not as distant as we might like to believe. At some point, it might be nice if the people realized that they did not need the government to protect them from the gay menace. If you don't want to marry, befriend, or even break bread with a homosexual, then you are more than welcome not to. In the meantime, if you do not want the government poking around in your private contracts (or your privates in general) then it is the height of hypocrisy to demand that it interfere with the affairs of everyone else.