Reflections on Religious Freedom vs. The Judiciary

Introduction

The Washington Post has a rather asinine article about the issue of religious freedom and posting offensive objects under religious freedom under the First Amendment.

The idea of a Satanic monument to be next to a display of the Ten Commandments may, at first glance, seem to be a reductio ad absurdum to the defense of the Ten Commandments being displayed. After all, isn't it favoritism to allow one religious display, but not another?

Preliminary Notes

Now, for purposes of this article, I'll leave out the repugnance of  Satanism as a man made religion which is an express repudiation of Christianity.  I'll also leave out the consideration of Christianity having any special rights because it is the true religion.

While I both believe Catholic Christianity is the true religion and Satanism is offensive and a lie, the focus here is about freedom of religion in general and the all or nothing view of the judiciary.

The Principal Problem

I think the problem is the courts commit the fallacy of equivocation. They take the concept of religious freedom with different meanings, when it needs to keep a consistent meaning.

The freedom of religion involves the right of the individual to seek out and follow God according to their conscience without interference from the state, either by mandating the attendance in one religion (an official state Church like Anglicanism in Elizabethian England) or by restricting a religion from functioning (like the Soviet Union).

However, the freedom of religion does not mean an approach of either all get the same amount of attention in the public sphere or none do.

Distinguishing Protection of a Minority from Suppression of a Majority

Law has had an emphasis on protecting the rights of a minority from the tyranny of the majority. This is a good concept when properly understood. We recognize it is unjust to mistreat a minority and restrict them from practicing the rights all people possess.

Unfortunately, the judiciary seems to take a view that if we can't give all religions the same weight, we can't allow any of them to have a public presence. It ignores the fact that the majority of Americans do have a shared religious culture and heritage and tries to pretend it doesn't exist.

America tends to get bizarre here by forgetting a sense of proportion. The percentage of Christians in America is about 78.4%. The next largest  religion is Judaism (1.7%). Islam is 0.6%.  While 16.1% is unaffiliated with religion,  only 1.6% are atheists.

Now while not all people who profess Christianity actually practice it, it does mean that the influence of Christianity plays a large role in how many Americans view life.  The Cross, the Ten Commandments... these are things which are meaningful to the vast majority of Americans. For example, even to nominal Christians, the Ten Commandments  have meaning in terms of law and justice.

The Abundance of Christian Symbols is not Infringement of Religious Rights of a Minority

Now, the 78.4% of Americans who recognize Christianity as true would do wrong to suppress the human rights of 21.6% of the population who don't.

But suppression of religious rights involves either the forcing actions which the believer finds condemned by their conscience or forbidding actions the believer feels morally obligated to do.  For example,  the Obamacare Contraception Mandate involves the forcing of funding contraceptives and abortifacients by people whose conscience forbids them from doing so.

It doesn't mean that symbols of a religion consisting of 0.6% (Islam) of the US population has to be as visible as the symbols of a religion consisting of 78.4% or else it is discrimination. Nor does it mean that the 1.6% of the population that is atheist has the right to suppress the existence of religion in the public sphere because they deny the Divine exists.

Trolling and Harassment

Another consideration is that when a group puts up a counter monument for the purpose of showing their disagreement with the Christian symbol, this is not an issue of religious freedom for the countering group. It is an issue of harassment. The original Christian monument is not put up for the purpose of propaganda. But the counter monument is.  Belief in the Divine is a delusion!  these monuments proclaim.   Don't believe in Christianity, believe in us! they say.

But the War Memorial built in the shape of the Cross is not made to promote Christianity. It exists as a prayer for the war dead, remembering the salvation Christ died and rose to bring us.

Now, some don't believe that Christ was anything more than a man. But to take offense in the hope and prayers that the war dead may rest in God and demand the removal is not an action of religious freedom. It's an act of religious oppression, saying "I disagree with Christianity. So take it down!"

Conclusion

The problem with the legislature and the courts is they begin with a faulty assumption... that any religious symbol on public land counts as the establishment of a religion. But in accepting the demands that no religious symbol exist on public land actually favors the establishment of atheism. The accepting of demands to establish a monument that exists for the purpose of rejecting a religion when the original monument has no propaganda intent actually establishes a religious harassment as a right.

A government which wants to respect the rights of the freedom of religion needs to consider these things. It ought to distinguish intent instead of blindly taking a one size fits all approach without considering whether the appeal is done for a legitimate redress or for harassment.

Reflections on Religious Freedom vs. The Judiciary

Introduction

The Washington Post has a rather asinine article about the issue of religious freedom and posting offensive objects under religious freedom under the First Amendment.

The idea of a Satanic monument to be next to a display of the Ten Commandments may, at first glance, seem to be a reductio ad absurdum to the defense of the Ten Commandments being displayed. After all, isn't it favoritism to allow one religious display, but not another?

Preliminary Notes

Now, for purposes of this article, I'll leave out the repugnance of  Satanism as a man made religion which is an express repudiation of Christianity.  I'll also leave out the consideration of Christianity having any special rights because it is the true religion.

While I both believe Catholic Christianity is the true religion and Satanism is offensive and a lie, the focus here is about freedom of religion in general and the all or nothing view of the judiciary.

The Principal Problem

I think the problem is the courts commit the fallacy of equivocation. They take the concept of religious freedom with different meanings, when it needs to keep a consistent meaning.

The freedom of religion involves the right of the individual to seek out and follow God according to their conscience without interference from the state, either by mandating the attendance in one religion (an official state Church like Anglicanism in Elizabethian England) or by restricting a religion from functioning (like the Soviet Union).

However, the freedom of religion does not mean an approach of either all get the same amount of attention in the public sphere or none do.

Distinguishing Protection of a Minority from Suppression of a Majority

Law has had an emphasis on protecting the rights of a minority from the tyranny of the majority. This is a good concept when properly understood. We recognize it is unjust to mistreat a minority and restrict them from practicing the rights all people possess.

Unfortunately, the judiciary seems to take a view that if we can't give all religions the same weight, we can't allow any of them to have a public presence. It ignores the fact that the majority of Americans do have a shared religious culture and heritage and tries to pretend it doesn't exist.

America tends to get bizarre here by forgetting a sense of proportion. The percentage of Christians in America is about 78.4%. The next largest  religion is Judaism (1.7%). Islam is 0.6%.  While 16.1% is unaffiliated with religion,  only 1.6% are atheists.

Now while not all people who profess Christianity actually practice it, it does mean that the influence of Christianity plays a large role in how many Americans view life.  The Cross, the Ten Commandments... these are things which are meaningful to the vast majority of Americans. For example, even to nominal Christians, the Ten Commandments  have meaning in terms of law and justice.

The Abundance of Christian Symbols is not Infringement of Religious Rights of a Minority

Now, the 78.4% of Americans who recognize Christianity as true would do wrong to suppress the human rights of 21.6% of the population who don't.

But suppression of religious rights involves either the forcing actions which the believer finds condemned by their conscience or forbidding actions the believer feels morally obligated to do.  For example,  the Obamacare Contraception Mandate involves the forcing of funding contraceptives and abortifacients by people whose conscience forbids them from doing so.

It doesn't mean that symbols of a religion consisting of 0.6% (Islam) of the US population has to be as visible as the symbols of a religion consisting of 78.4% or else it is discrimination. Nor does it mean that the 1.6% of the population that is atheist has the right to suppress the existence of religion in the public sphere because they deny the Divine exists.

Trolling and Harassment

Another consideration is that when a group puts up a counter monument for the purpose of showing their disagreement with the Christian symbol, this is not an issue of religious freedom for the countering group. It is an issue of harassment. The original Christian monument is not put up for the purpose of propaganda. But the counter monument is.  Belief in the Divine is a delusion!  these monuments proclaim.   Don't believe in Christianity, believe in us! they say.

But the War Memorial built in the shape of the Cross is not made to promote Christianity. It exists as a prayer for the war dead, remembering the salvation Christ died and rose to bring us.

Now, some don't believe that Christ was anything more than a man. But to take offense in the hope and prayers that the war dead may rest in God and demand the removal is not an action of religious freedom. It's an act of religious oppression, saying "I disagree with Christianity. So take it down!"

Conclusion

The problem with the legislature and the courts is they begin with a faulty assumption... that any religious symbol on public land counts as the establishment of a religion. But in accepting the demands that no religious symbol exist on public land actually favors the establishment of atheism. The accepting of demands to establish a monument that exists for the purpose of rejecting a religion when the original monument has no propaganda intent actually establishes a religious harassment as a right.

A government which wants to respect the rights of the freedom of religion needs to consider these things. It ought to distinguish intent instead of blindly taking a one size fits all approach without considering whether the appeal is done for a legitimate redress or for harassment.

Musings on the Feast of the Holy Innocents

213. Among the vulnerable for whom the Church wishes to care with particular love and concern are unborn children, the most defenceless and innocent among us. Nowadays efforts are made to deny them their human dignity and to do with them whatever one pleases, taking their lives and passing laws preventing anyone from standing in the way of this. Frequently, as a way of ridiculing the Church’s effort to defend their lives, attempts are made to present her position as ideological, obscurantist and conservative. Yet this defence of unborn life is closely linked to the defence of each and every other human right. It involves the conviction that a human being is always sacred and inviolable, in any situation and at every stage of development. Human beings are ends in themselves and never a means of resolving other problems. Once this conviction disappears, so do solid and lasting foundations for the defence of human rights, which would always be subject to the passing whims of the powers that be. Reason alone is sufficient to recognize the inviolable value of each single human life, but if we also look at the issue from the standpoint of faith, “every violation of the personal dignity of the human being cries out in vengeance to God and is an offence against the creator of the individual”.[176]

214. Precisely because this involves the internal consistency of our message about the value of the human person, the Church cannot be expected to change her position on this question. I want to be completely honest in this regard. This is not something subject to alleged reforms or “modernizations”. It is not “progressive” to try to resolve problems by eliminating a human life. On the other hand, it is also true that we have done little to adequately accompany women in very difficult situations, where abortion appears as a quick solution to their profound anguish, especially when the life developing within them is the result of rape or a situation of extreme poverty. Who can remain unmoved before such painful situations?

(Pope Francis, Evangelii Gaudium)

One thing I notice is the contemptuous way some people view the Bible and the times it describes. It views these times as barbaric and treats modern times as infinitely superior.

The massacre of the Holy Innocents by King Herod show us how false that view is. For fear of losing his throne, King Herod ordered the murder of those children in Bethlehem two years and younger.  We don't know how many children that involved, but whatever the number, it was obviously wrong to massacre the innocent... especially for so selfish a reason.

However, in our society,  Herod lives on. The massacre of innocents is more hidden under the term "abortion," or "reproductive freedom," but the children are slaughtered for selfish reasons. Herod killed them to protect his kingdom. Today people kill them to protect their convenience, comfort or other wants.

Herod's actions showed the sin and barbarism of his time.

Abortion shows the sin and barbarism of ours.

Musings on the Feast of the Holy Innocents

213. Among the vulnerable for whom the Church wishes to care with particular love and concern are unborn children, the most defenceless and innocent among us. Nowadays efforts are made to deny them their human dignity and to do with them whatever one pleases, taking their lives and passing laws preventing anyone from standing in the way of this. Frequently, as a way of ridiculing the Church’s effort to defend their lives, attempts are made to present her position as ideological, obscurantist and conservative. Yet this defence of unborn life is closely linked to the defence of each and every other human right. It involves the conviction that a human being is always sacred and inviolable, in any situation and at every stage of development. Human beings are ends in themselves and never a means of resolving other problems. Once this conviction disappears, so do solid and lasting foundations for the defence of human rights, which would always be subject to the passing whims of the powers that be. Reason alone is sufficient to recognize the inviolable value of each single human life, but if we also look at the issue from the standpoint of faith, “every violation of the personal dignity of the human being cries out in vengeance to God and is an offence against the creator of the individual”.[176]

214. Precisely because this involves the internal consistency of our message about the value of the human person, the Church cannot be expected to change her position on this question. I want to be completely honest in this regard. This is not something subject to alleged reforms or “modernizations”. It is not “progressive” to try to resolve problems by eliminating a human life. On the other hand, it is also true that we have done little to adequately accompany women in very difficult situations, where abortion appears as a quick solution to their profound anguish, especially when the life developing within them is the result of rape or a situation of extreme poverty. Who can remain unmoved before such painful situations?

(Pope Francis, Evangelii Gaudium)

One thing I notice is the contemptuous way some people view the Bible and the times it describes. It views these times as barbaric and treats modern times as infinitely superior.

The massacre of the Holy Innocents by King Herod show us how false that view is. For fear of losing his throne, King Herod ordered the murder of those children in Bethlehem two years and younger.  We don't know how many children that involved, but whatever the number, it was obviously wrong to massacre the innocent... especially for so selfish a reason.

However, in our society,  Herod lives on. The massacre of innocents is more hidden under the term "abortion," or "reproductive freedom," but the children are slaughtered for selfish reasons. Herod killed them to protect his kingdom. Today people kill them to protect their convenience, comfort or other wants.

Herod's actions showed the sin and barbarism of his time.

Abortion shows the sin and barbarism of ours.

Implications of the Phil Robertson Incident

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Implications of the Phil Robertson Incident

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Unjust Officials

Read more »

Unjust Officials

Read more »

"Very Well, Alone"

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"Very Well, Alone"

Read more »

How Modern Morality Leads to Tyranny (Part 2 of 2)

Men who begin to fight the Church for the sake of freedom and humanity end by flinging away freedom and humanity if only they may fight the Church.

—GK Chesterton

Introduction

Before considering the last three steps, we should briefly discuss some of the principles of the thinking of the modern morality, that will explain the unjust laws that come from the proponents of modern morality.

It tends to reject the ideas of the existence of truth as independent of circumstances.  Everything is relative to times and circumstances.  It also tends to hold a view that everything progresses for the better.  Because things are generally better in a material sense, it means things are better in a moral sense.  The "oppressive past" has been replaced with a "freer" present and must continue towards an even more "free" future.

Such a view holds that even if one disagrees with certain behaviors ("personally opposed but…"), it should still be permitted "if it doesn't harm anyone."

The result of this is it tends to reject any restrictions except the "harm towards others."  The proponents will most likely object to comparisons to totalitarian policies on these grounds, because the totalitarian regimes did harm others.  The problem is, these proponents don't always recognize that harm is done to others.  They tend to think of crude Nazi tactics and think that because other "inconveniences" are not at that level, it isn't harm.

Moreover, there is also a tendency to think that certain views are "oppressive" and people who think in such a way should not be protected when it comes to those views.

The problem is, there is a contradiction in all of these views.  If one should tolerate other views, then it follows that it should be applied to views they disagree with as well as views they agree with.  The person who believes there are moral absolutes ought to be tolerated without harassment.  Instead, because their views are called "oppressive" it is acceptable to deny protection under the law.  This is the contradiction that creates tyranny in a free society.

With this in mind, let us consider the final three steps.

The Fourth Step: Passing Laws With the Belief They Harm Nobody

Attempted murder? It's not like he killed someone. This is a clear violation of my client's civil rights.

—Slimy Lawyer, RoboCop (1987)

Once people are elected or appointed to political office, they take their belief in only opposing "harmful" things in legislation.  If they see no harm in legislation, then they tend to support it.  This is how we can see lawmakers support the HHS contraception mandate or legalized abortion.  Because the reduction of sex to pleasure is accepted as a given, the only harm they can see is the issue of unexpected pregnancy.  The result is the creation of laws which makes access to contraception and abortion easier.  It is only the challenges to this assumption that is viewed as harmful.

Under the same reduction of sex to pleasure, such politicians can see no difference between traditional marriage between a man and a woman and a "homosexual marriage" between two people of the same gender.  So laws supporting this so-called "gay marriage" are seen as good, and opposition seen as harmful.

The result of all this is to create a set of laws that claims to champion tolerance, but actually refuses to consider the input of those who think differently from the lawmaker.

The Fifth Step: Denying the Validity of Challenges to the Law

"Are you lost daddy?" I asked tenderly.
"Shut up," he explained.

—Ring Lardner, The Young Immigrants (1920).

One of the more ironic arguments made by proponents of the modern morality is the claim that those who believe in moral absolutes are "forcing their beliefs on others."  It's ironic because these proponents are in fact the ones imposing their moral beliefs.  You may notice this with their mantras.  "Reproductive Freedom" for example.  Those who believe in moral absolutes are not supposed to push their beliefs on others, but the concept of "Reproductive Freedom" is invoked as if it were a moral absolute.

Thus the HHS contraception mandate is forced on people who believe it is wrong to give any support (moral or financial) to things they find immoral.  Because the concept of "Reproductive Freedom" is considered unquestionable, no challenge will be heard.

Like Step 2, the lawmakers try to explain away or deny the harm their law may do.  First they simply deny the validity of charges their laws do cause harm.  The unborn is denied human rights (Roe v. Wade was infamous here, arguing that since the Constitution referred to born persons, it meant unborn persons had no rights – an argument from silence.)  The reduction of marriage to a legally sanctioned sexual relationship is denied as a cause of damaging the traditional family as a source of the stability of society.  Studies that challenge this are rejected as "biased."

At the same time, however, it is argued that the harm they've denied can be justified for the greater good of the moral absolutes they deny.  Thus, even if the unborn is a person, the mother's "reproductive freedom" takes priority.  Whether or not "gay marriage" disrupts society, denying persons with homosexual tendencies the "right to marry" is making them second class citizens.

The problem is, these people claim that whatever does no harm to others should be permitted, but they make themselves both the prosecutor and judge as to what causes harm to others and whether those who are harmed actually matter.  Since this eliminates the right  to "petition the Government for a redress of grievances" (First Amendment), we can see this mindset goes well on the way to causing harm and becoming a tyranny.

The Sixth Step: Restricting the Rights of the Challenger

"They [The Nicaraguan newspaper La Prensa] accused us of suppressing freedom of expression. This was a lie and we could not let them publish it."

PJ O'Rourke (quoting Sandinista official), Holidays in Hell

While in the Third Step, the proponent of the modern morality gets offended with those who challenge them, in the sixth step, the politician has the power to do something about it.  Because he or she believes that the challenger is guided by "harmful" motives (under the ad hominem attacks of "Homophobic" or "war on women" etc.) the politician can make laws that reduce the freedom of the challengers to speak out. 

Consider the Catholic Church speaking out on moral issues being accused of being partisan and being under threats to have tax exempt status revoked.  The Catholic Church has remained consistent on moral issues long before there was a United States of America, let alone a Democratic or Republican Party.

For example, in 1679, the Church condemned these propositions:

34. It is permitted to bring about an abortion before the animation of the foetus, lest the girl found pregnant be killed or defamed.

35. It seems probable that every foetus (as long as it is in the womb) lacks a rational soul and begins to have the same at the time that it is born; and consequently it will have to be said that no homicide is committed in any abortion.

—Various Errors on Moral Subjects (II) [Condemned in a decree of the Holy Office, March 4, 1679]

From the year 1679.  That's not a typo.  Over 333 years ago, the Catholic Church condemned views being used today to justify abortion on the grounds that the unborn is not alive.

Moreover, in 1965 (8 years before the infamous Roe v. Wade), the Catholic Church condemned abortion in the Vatican II document Gaudium et spes:

For God, the Lord of life, has conferred on men the surpassing ministry of safeguarding life in a manner which is worthy of man. Therefore from the moment of its conception life must be guarded with the greatest care while abortion and infanticide are unspeakable crimes. (#51)

To argue that the Catholic Church is behaving in a political manner in speaking against the same sins they condemned before such issues were political indicates a really dangerous situation: That a government may decide what sort of speech is politically motivated or not politically motivated and may coerce the Church from speaking on subjects it deems "political."

Under such conditions, the Church cannot be said to have freedom of religion if her teaching of all people can be labeled "hate speech" or "politically motivated" or if her beliefs may be set aside as "unimportant" when it goes against government laws.

But the Constitution explicitly states:

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. (First Amendment.  Emphasis added).

So we can see that laws made which ignore the First Amendment are laws which support tyranny against the beliefs that the nation were founded on, that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights" (Declaration of Independence).

The Founding Fathers broke away from England because of these violations of unalienable rights, but now the lawmakers and courts can ignore these rights in favor of their own ideology.

Conclusion

Our progress in degeneracy appears to me to be pretty rapid. As a nation we began by declaring that "all men are created equal." When the Know-Nothings get control, it will read "all men are created equal, except Negroes and foreigners and Catholics." When it comes to this, I shall prefer emigrating to some country where they make no pretense of loving liberty — to Russia, for instance, where despotism can be taken pure, and without the base alloy hypocrisy.

—Abraham Lincoln, Response to a Pro-Slavery Friend

Lincoln was prophetic here.  In the name of freedom, we are seeing the denial of basic freedoms to those who believe in moral absolutes and the obligation to live rightly.  Our Church can be coerced.  People who live in accordance with her teachings can be sued for refusing to provide services they feel they would be doing evil to provide.

To defend ourselves against this injustice, we have to ask people of good will to consider the harm that is done when people with this mindset get elected.

Considering the belief that society inevitably improves over time, unless people with an opposing view are elected, it is something that invites injustice in the name of this progress.  The views which threaten what is seen as progress must be stopped by any means necessary.

The problem with this assumption is not all perceived progress is progress.  People of this generation might be surprised, but there was a time when democratic processes were considered outdated relics and it was fascism which was the way to progress.  As we have seen in history, this view of fascism was premature and did not reflect reality.  Indeed, the practitioners of fascism had few brakes to prevent bad ideas that were seen as beneficial by the fascists.

The view today of no moral absolutes is the same.  If there are no moral absolutes, and the progress of society is seen as advances and declines solely on whether it moves towards or against a certain ideology, then there are very few restrictions against those politicians who feel threatened by challenges to their "defense of progress."

It is no hyperbole to say that this mindset, turned into law by politicians are heading into tyranny as the Founding Fathers understood it:

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. (Declaration of Independence)

The question is what we are to do about it?

It may sound partisan, but quite simply, we need to consider this sort of mindset as one which disqualifies a person for government office.  A politician who believes that there are no moral absolutes and believes it is his views that must be followed to bring progress to the nation is more likely to push through laws they see as right without considering other perspectives.

A Politician who will not see harm done or seeks to explain harm away cannot be trusted to hear the grievances of those wronged and give redress.  The Politician who believes their opponents are obstacles is more likely to restrict people who disagree than people who believe there are moral absolutes which forbid them from doing wrong in the name of a cause.

In short, we need to elect men and women of character, who recognize that the government has no authority to mandate things beyond them.  When Obama was asked, "At what point does a baby get human rights in your view" (8/18/08), he replied:

"Well, I think that you're looking at it from a theological perspective or a scientific perspective. Answering that question with specificity is above my pay grade. But let me just speak more generally about the issue of abortion, because this is something that obviously the country wrestles with. "

That kind of answer should be a disqualification to the voter of good will.  A politician who cannot answer the question on when a baby has human rights – and prove the truth of his answer should not be making a decision that abortion should be permitted.  We need to elect and appoint men and women who know they are limited and prone to evil and must answer to a morality above and beyond them. 

How Modern Morality Leads to Tyranny (Part 2 of 2)

Men who begin to fight the Church for the sake of freedom and humanity end by flinging away freedom and humanity if only they may fight the Church.

—GK Chesterton

Introduction

Before considering the last three steps, we should briefly discuss some of the principles of the thinking of the modern morality, that will explain the unjust laws that come from the proponents of modern morality.

It tends to reject the ideas of the existence of truth as independent of circumstances.  Everything is relative to times and circumstances.  It also tends to hold a view that everything progresses for the better.  Because things are generally better in a material sense, it means things are better in a moral sense.  The "oppressive past" has been replaced with a "freer" present and must continue towards an even more "free" future.

Such a view holds that even if one disagrees with certain behaviors ("personally opposed but…"), it should still be permitted "if it doesn't harm anyone."

The result of this is it tends to reject any restrictions except the "harm towards others."  The proponents will most likely object to comparisons to totalitarian policies on these grounds, because the totalitarian regimes did harm others.  The problem is, these proponents don't always recognize that harm is done to others.  They tend to think of crude Nazi tactics and think that because other "inconveniences" are not at that level, it isn't harm.

Moreover, there is also a tendency to think that certain views are "oppressive" and people who think in such a way should not be protected when it comes to those views.

The problem is, there is a contradiction in all of these views.  If one should tolerate other views, then it follows that it should be applied to views they disagree with as well as views they agree with.  The person who believes there are moral absolutes ought to be tolerated without harassment.  Instead, because their views are called "oppressive" it is acceptable to deny protection under the law.  This is the contradiction that creates tyranny in a free society.

With this in mind, let us consider the final three steps.

The Fourth Step: Passing Laws With the Belief They Harm Nobody

Attempted murder? It's not like he killed someone. This is a clear violation of my client's civil rights.

—Slimy Lawyer, RoboCop (1987)

Once people are elected or appointed to political office, they take their belief in only opposing "harmful" things in legislation.  If they see no harm in legislation, then they tend to support it.  This is how we can see lawmakers support the HHS contraception mandate or legalized abortion.  Because the reduction of sex to pleasure is accepted as a given, the only harm they can see is the issue of unexpected pregnancy.  The result is the creation of laws which makes access to contraception and abortion easier.  It is only the challenges to this assumption that is viewed as harmful.

Under the same reduction of sex to pleasure, such politicians can see no difference between traditional marriage between a man and a woman and a "homosexual marriage" between two people of the same gender.  So laws supporting this so-called "gay marriage" are seen as good, and opposition seen as harmful.

The result of all this is to create a set of laws that claims to champion tolerance, but actually refuses to consider the input of those who think differently from the lawmaker.

The Fifth Step: Denying the Validity of Challenges to the Law

"Are you lost daddy?" I asked tenderly.
"Shut up," he explained.

—Ring Lardner, The Young Immigrants (1920).

One of the more ironic arguments made by proponents of the modern morality is the claim that those who believe in moral absolutes are "forcing their beliefs on others."  It's ironic because these proponents are in fact the ones imposing their moral beliefs.  You may notice this with their mantras.  "Reproductive Freedom" for example.  Those who believe in moral absolutes are not supposed to push their beliefs on others, but the concept of "Reproductive Freedom" is invoked as if it were a moral absolute.

Thus the HHS contraception mandate is forced on people who believe it is wrong to give any support (moral or financial) to things they find immoral.  Because the concept of "Reproductive Freedom" is considered unquestionable, no challenge will be heard.

Like Step 2, the lawmakers try to explain away or deny the harm their law may do.  First they simply deny the validity of charges their laws do cause harm.  The unborn is denied human rights (Roe v. Wade was infamous here, arguing that since the Constitution referred to born persons, it meant unborn persons had no rights – an argument from silence.)  The reduction of marriage to a legally sanctioned sexual relationship is denied as a cause of damaging the traditional family as a source of the stability of society.  Studies that challenge this are rejected as "biased."

At the same time, however, it is argued that the harm they've denied can be justified for the greater good of the moral absolutes they deny.  Thus, even if the unborn is a person, the mother's "reproductive freedom" takes priority.  Whether or not "gay marriage" disrupts society, denying persons with homosexual tendencies the "right to marry" is making them second class citizens.

The problem is, these people claim that whatever does no harm to others should be permitted, but they make themselves both the prosecutor and judge as to what causes harm to others and whether those who are harmed actually matter.  Since this eliminates the right  to "petition the Government for a redress of grievances" (First Amendment), we can see this mindset goes well on the way to causing harm and becoming a tyranny.

The Sixth Step: Restricting the Rights of the Challenger

"They [The Nicaraguan newspaper La Prensa] accused us of suppressing freedom of expression. This was a lie and we could not let them publish it."

PJ O'Rourke (quoting Sandinista official), Holidays in Hell

While in the Third Step, the proponent of the modern morality gets offended with those who challenge them, in the sixth step, the politician has the power to do something about it.  Because he or she believes that the challenger is guided by "harmful" motives (under the ad hominem attacks of "Homophobic" or "war on women" etc.) the politician can make laws that reduce the freedom of the challengers to speak out. 

Consider the Catholic Church speaking out on moral issues being accused of being partisan and being under threats to have tax exempt status revoked.  The Catholic Church has remained consistent on moral issues long before there was a United States of America, let alone a Democratic or Republican Party.

For example, in 1679, the Church condemned these propositions:

34. It is permitted to bring about an abortion before the animation of the foetus, lest the girl found pregnant be killed or defamed.

35. It seems probable that every foetus (as long as it is in the womb) lacks a rational soul and begins to have the same at the time that it is born; and consequently it will have to be said that no homicide is committed in any abortion.

—Various Errors on Moral Subjects (II) [Condemned in a decree of the Holy Office, March 4, 1679]

From the year 1679.  That's not a typo.  Over 333 years ago, the Catholic Church condemned views being used today to justify abortion on the grounds that the unborn is not alive.

Moreover, in 1965 (8 years before the infamous Roe v. Wade), the Catholic Church condemned abortion in the Vatican II document Gaudium et spes:

For God, the Lord of life, has conferred on men the surpassing ministry of safeguarding life in a manner which is worthy of man. Therefore from the moment of its conception life must be guarded with the greatest care while abortion and infanticide are unspeakable crimes. (#51)

To argue that the Catholic Church is behaving in a political manner in speaking against the same sins they condemned before such issues were political indicates a really dangerous situation: That a government may decide what sort of speech is politically motivated or not politically motivated and may coerce the Church from speaking on subjects it deems "political."

Under such conditions, the Church cannot be said to have freedom of religion if her teaching of all people can be labeled "hate speech" or "politically motivated" or if her beliefs may be set aside as "unimportant" when it goes against government laws.

But the Constitution explicitly states:

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. (First Amendment.  Emphasis added).

So we can see that laws made which ignore the First Amendment are laws which support tyranny against the beliefs that the nation were founded on, that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights" (Declaration of Independence).

The Founding Fathers broke away from England because of these violations of unalienable rights, but now the lawmakers and courts can ignore these rights in favor of their own ideology.

Conclusion

Our progress in degeneracy appears to me to be pretty rapid. As a nation we began by declaring that "all men are created equal." When the Know-Nothings get control, it will read "all men are created equal, except Negroes and foreigners and Catholics." When it comes to this, I shall prefer emigrating to some country where they make no pretense of loving liberty — to Russia, for instance, where despotism can be taken pure, and without the base alloy hypocrisy.

—Abraham Lincoln, Response to a Pro-Slavery Friend

Lincoln was prophetic here.  In the name of freedom, we are seeing the denial of basic freedoms to those who believe in moral absolutes and the obligation to live rightly.  Our Church can be coerced.  People who live in accordance with her teachings can be sued for refusing to provide services they feel they would be doing evil to provide.

To defend ourselves against this injustice, we have to ask people of good will to consider the harm that is done when people with this mindset get elected.

Considering the belief that society inevitably improves over time, unless people with an opposing view are elected, it is something that invites injustice in the name of this progress.  The views which threaten what is seen as progress must be stopped by any means necessary.

The problem with this assumption is not all perceived progress is progress.  People of this generation might be surprised, but there was a time when democratic processes were considered outdated relics and it was fascism which was the way to progress.  As we have seen in history, this view of fascism was premature and did not reflect reality.  Indeed, the practitioners of fascism had few brakes to prevent bad ideas that were seen as beneficial by the fascists.

The view today of no moral absolutes is the same.  If there are no moral absolutes, and the progress of society is seen as advances and declines solely on whether it moves towards or against a certain ideology, then there are very few restrictions against those politicians who feel threatened by challenges to their "defense of progress."

It is no hyperbole to say that this mindset, turned into law by politicians are heading into tyranny as the Founding Fathers understood it:

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. (Declaration of Independence)

The question is what we are to do about it?

It may sound partisan, but quite simply, we need to consider this sort of mindset as one which disqualifies a person for government office.  A politician who believes that there are no moral absolutes and believes it is his views that must be followed to bring progress to the nation is more likely to push through laws they see as right without considering other perspectives.

A Politician who will not see harm done or seeks to explain harm away cannot be trusted to hear the grievances of those wronged and give redress.  The Politician who believes their opponents are obstacles is more likely to restrict people who disagree than people who believe there are moral absolutes which forbid them from doing wrong in the name of a cause.

In short, we need to elect men and women of character, who recognize that the government has no authority to mandate things beyond them.  When Obama was asked, "At what point does a baby get human rights in your view" (8/18/08), he replied:

"Well, I think that you're looking at it from a theological perspective or a scientific perspective. Answering that question with specificity is above my pay grade. But let me just speak more generally about the issue of abortion, because this is something that obviously the country wrestles with. "

That kind of answer should be a disqualification to the voter of good will.  A politician who cannot answer the question on when a baby has human rights – and prove the truth of his answer should not be making a decision that abortion should be permitted.  We need to elect and appoint men and women who know they are limited and prone to evil and must answer to a morality above and beyond them. 

I Told You So…

"As for me and my household, we will serve the LORD." (Joshua 24:15)

Back in June of 2011, I wrote a post entitled "The Sooner We Realize America Is No Longer Free, The Sooner We Can Take Action."  Today I see in the news that HHS Secretary Sebelius has gone on to show that the Obama administration is without question hostile to the concept of religious freedom in America.

The announcement essentially states that religious groups are obligated to provide contraceptive coverage (including abortifacient contraceptives)  to employees, even if the religious groups believe contraception and abortifacient drugs are intrinsically evil and may never be supported.

Instead, religious groups are given until August 2013 to comply with this requirement.

As Archbishop Dolan put it:

“In effect, the president is saying we have a year to figure out how to violate our consciences,”

and:

“To force American citizens to choose between violating their consciences and forgoing their healthcare is literally unconscionable.It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty."

Since such an obligation forces religious groups to choose between serving God and obeying an unjust law, we are forced to become criminals because of the state.

Unfortunately, if this edict is not overturned, we will have to oppose the government of the United States by refusing to obey.  No government has the authority to compel a person to participate with evil.  If the United States takes this road, this nation will have joined the ranks of totalitarian states who use force and fear to compel people to violate what they believe God requires them to do.

That an administration should so flagrantly ignore the freedom of religion without an immediate outcry and call for the firing of Sebelius is chilling.  No it doesn't mean we're going to see "Goose stepping Nazis marching in Washington."  I doubt we'll see gulags or other concentration camps in America.  But it does mean that we have gone from a nation that says "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness" to a government saying we have one year to turn our backs on God and obey the state.

I think it should be pretty clear that at this time the Obama administration is the greater of the evils when it comes to the elections, and I pray he is defeated.

Otherwise, I truly fear what our nation will become.

I Told You So…

"As for me and my household, we will serve the LORD." (Joshua 24:15)

Back in June of 2011, I wrote a post entitled "The Sooner We Realize America Is No Longer Free, The Sooner We Can Take Action."  Today I see in the news that HHS Secretary Sebelius has gone on to show that the Obama administration is without question hostile to the concept of religious freedom in America.

The announcement essentially states that religious groups are obligated to provide contraceptive coverage (including abortifacient contraceptives)  to employees, even if the religious groups believe contraception and abortifacient drugs are intrinsically evil and may never be supported.

Instead, religious groups are given until August 2013 to comply with this requirement.

As Archbishop Dolan put it:

“In effect, the president is saying we have a year to figure out how to violate our consciences,”

and:

“To force American citizens to choose between violating their consciences and forgoing their healthcare is literally unconscionable.It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty."

Since such an obligation forces religious groups to choose between serving God and obeying an unjust law, we are forced to become criminals because of the state.

Unfortunately, if this edict is not overturned, we will have to oppose the government of the United States by refusing to obey.  No government has the authority to compel a person to participate with evil.  If the United States takes this road, this nation will have joined the ranks of totalitarian states who use force and fear to compel people to violate what they believe God requires them to do.

That an administration should so flagrantly ignore the freedom of religion without an immediate outcry and call for the firing of Sebelius is chilling.  No it doesn't mean we're going to see "Goose stepping Nazis marching in Washington."  I doubt we'll see gulags or other concentration camps in America.  But it does mean that we have gone from a nation that says "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness" to a government saying we have one year to turn our backs on God and obey the state.

I think it should be pretty clear that at this time the Obama administration is the greater of the evils when it comes to the elections, and I pray he is defeated.

Otherwise, I truly fear what our nation will become.

The Sooner We Realize America Is No Longer Free, The Sooner We Can Take Action

Read more »

The Sooner We Realize America Is No Longer Free, The Sooner We Can Take Action

Read more »

Morality Immaterial to Law? Thoughts on Legal Positivism

Introduction

Generally there are two approaches to law and the authority it holds:

1.   Law supposes the existence of that which is just and morally right, and depends on this to bind.

2.   Law is based on the power of the state to decree, and those who are subject are bound to obey.

With recent debates on abortion, on the nomination of Kagan to the Supreme Court and other issues of Law, I've noticed that there has been a number of comments (whether knowingly or not) which reflect the position known as Legal Positivism.  Certain laws are considered as being obligatory to obey whether or not one would argue that they are just or not.

What is Legal Positivism?

This position, attributed to John Austin (1790-1859), was described as:

“The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.”

In other words, whether a law is or is not a law is entirely a separate question from whether a law is good or bad.  The only source of law is "positive law" which is simply "man made laws" and denies the concept of Natural Law.

The Stanford Encyclopedia of Philosophy describes the premises of this system as:

According to Bentham and Austin, law is a phenomenon of large societies with a sovereign: a determinate person or group who have supreme and absolute de facto power -- they are obeyed by all or most others but do not themselves similarly obey anyone else. The laws in that society are a subset of the sovereign's commands: general orders that apply to classes of actions and people and that are backed up by threat of force or “sanction.”

It is a dangerous belief.  If you separate law from the legitimacy of said law, you can, in effect, justify anything: Sharia, Nuremburg Racial Laws, Slavery and so on.  Obedience to the law becomes required, because government is the authority which determines what we can and cannot do, and opposing a law on the grounds it is unjust becomes irrelevant.  "Abortion is to be permitted because it is legal" is one of these types of allegations.  Because the Supreme Court decreed that abortion is a right, it is considered immaterial whether or not it should be a law.

Of course we don’t have to invoke the Nazis.  We can look at what we do in America.  For how many years did the government refuse to change laws on lynching or slavery or segregation?

Stare decisis: What’s mine is mine.  What’s yours is up for grabs

We already have the legal concept of Stare decisis (Lat. "to stand by that which is decided." The principle that precedent decisions are to be followed by the courts).  The problem is the assumption is based on the assumption that the prior interpretation of the law by the court is valid.  See Planned Parenthood v. Casey as an example of this.  It assumes Roe v. Wade was a valid decision, and therefore must be followed. 

Such reasoning begs the question that Roe v. Wade was right (which is very much disputed in America).  Before arguing that because it was decreed a right we cannot challenge it (which is often the appeal of the supporters of abortion rights), we should remember the Dred Scott ruling and Plessy vs. Ferguson were also assumed right and later overturned.  Essentially it showed that merely because something was accepted as a law, does not make it binding on these grounds, and that the courts can make mistakes.

However, under Legal Positivism, If it wasn't a valid or wise decision, then it is too bad.  It's a law and must be obeyed.

What Legal Positivism Ignores (and Martin Luther King Jr. was aware of)

The problem is, when one traces the origin of the law, the question arises: Why was it enacted to begin with?  If an unjust law was enacted in the beginning, why are we bound to follow it?

Legal Positivism is then a sense of begging the question.  The concept is: we must obey a law because it is a law.  The so-called Nuremberg Defense ("I was just following orders") assumes legal positivism.  [This is sometimes called the defense of Superior Orders].

Any change of laws becomes binding under this theory so long as the law is followed in the enactment of these laws.  Thus we see a problem.  If the justness or unjustness of a law is irrelevant to the following of the law, then we cannot sanction people like Martin Luther King Jr. when he organized against laws he felt unjust.  Nor can we approve of his defense, given in Letter from a Birmingham Jail, where he stated:

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority.

Instead, "Bull" O'Connor using his police dogs and fire hoses to break up demonstrations was merely undertaking an exercise in upholding the law.

(Hopefully, you’re instead asking yourself what gave the state the right to pass this law to begin with).

The Double Standard

Most people don't consistently advocate Legal Positivism of course.  Only when they run afoul of the law does it matter.  When one believes a law is unjust they generally want to overturn it, claiming it is an immoral and unjust law.  However, under Legal Positivism, one has no legal basis for doing so.  The best one can do is to say "if you don't like it, vote to change the law."  If the law comes from a source from where there is no appeal (the US Supreme Court decisions or from a totalitarian decree), or if the state has disenfranchised you from the right to vote, there is nothing you can do to change said law.

The practical effect of Legal positivism in America is a double standard.  When a party is in power, they point to a law and say "It must be followed because it is a law."  When out of power, they say "This law is unjust and must be changed."  What is ignored is what gives a law its power.  If it is the state, then it follows that rights and restrictions come from the state because of the assumption that law must be obeyed because it is law.  However, if the rights of the human person do not come from the state, then they cannot be removed by a decree of the state.

Thus we have the abortion debate in a nutshell.  Those who believe in abortion rights tend to argue from the position of legal positivism, while those who oppose abortion rights tend to argue that the rights of the human person come from outside the state, and the state has no authority to remove human rights from any human persons.

Conclusion: When Law and Justice Stand In Opposition

Any opposition to a law which says “This is wrong” is a judgment on moral grounds.  Such opposition assumes there is a higher standard to which law must conform if it is to be considered binding.  Generally, we believe that a law must be just (morally right and fair to all) to be obeyed. 

This means we have to practice what we preach.  If one claims that they have to accept abortion as a right because the state has decreed it to be a right, it is a package deal meaning there is no way to refuse anything else the state wishes to decree.  On the other hand, if we want to invoke a higher standard for judging the law, we must remain consistent and recognize such a standard always holds us accountable for our behavior.

In both cases, it falls to the proponent to show that their view of the law is justified.  Unfortunately, all too often we see people deny (without logical proof) that there are moral absolutes outside of us and then conclude the contrary view is true: that there is no moral standards by which the law is judged.

Not believing [A] does not disprove [A].  Nor does it make [B] automatically true.