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Padre Steve Plays Devil’s Advocate: The Complex and Often Confusing Issue of Religious Liberty

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“Congress shall make no law respecting the 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.” The First Amendment of the US Constitution

Religious freedom is a central tenant of the Bill of Rights and has been a central facet of American life since our inception as a country, in fact pre-dating our founding in some of the original 13 colonies most notably Rhode Island and Pennsylvania. Now before anyone gets the idea that I am about to write something in favor of limiting the freedom to worship or for that matter any limitation on religious practices I am not in fact I am a stalwart supporter of religion in the Public Square and not just mine. You see I am a bit of a purest about this and my view is as long as the religious practice is not harming anyone who cares?

I believe like Thomas Jefferson who wrote in the 1779 Virginia Statute for Religious Freedom:

“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.”

Some might take me to task for that as a Christian, but my point is not to argue for the Christian faith in this article. Instead my intent is to point out some of the inconsistencies of those who proclaim their rights also seek to limit the religious and even the civil rights of others based on their religious beliefs.

What I will do in this essay is to play the “Devil’s advocate” in the matter of the free exercise of religion as it currently exists in the United States.

This has to be done because of the number of laws being passed by various states which are labeled as acts to protect religious liberty. Unfortunately the reality is that these laws grant license for the Christian majority in those states to discriminate against others on the basis of their religious beliefs. These individuals and religious organizations loudly proclaim their defense of the right to free exercise, but it is more their free exercise rights that they are defending than the rights of others.

In fact those that shout the loudest are also those who seek to limit the religious rights of others using the laws of the Federal Government and the various States and Commonwealths that make up the United States. Since law in the United States is based on legal precedence everything that goes to court on matters of religious liberty as well as the actions of various legislatures matters. Precedent matters and once legal precedent has been established it is very hard to change. Thus each decision sets a precedent and these precedents can effect decisions in entirely unrelated matters.

Our First Amendment Rights are marvels which are envied by the citizens of most of the rest of the world and why shouldn’t they be?

In many nations simply being born as a member of a minority religion, or other hated minority group is enough to ensure that you will never have full legal rights and may even face persecution and death at the hands of those in power. The list is long. Some of the countries include Sudan, Kosovo, Saudi Arabia, Iran, Indonesia, Russia, Pakistan, India, Uganda, Nigeria, the Congo, and the Central African Republic. Of course there are many more but those are just some of the places where members of minority religious face discrimination, persecution and even death.

The rights we have as Americans provided the opportunity for churches that were suppressed on the European continent and elsewhere to thrive free of government persecution. The Baptists are a good example. In the early 1600’s the first Baptists, English Baptists were persecuted, imprisoned and even killed for their beliefs by the English Crown in particular by King James who despite authorizing the Bible given his name and loved by many Baptists as the “only” valid English translation was a notorious homosexual, not that there is anything wrong with that, hated those early Baptists and persecuted them throughout the land.

On the continent itself the Anabaptists and Mennonites as well as others referred to as “enthusiasts,” the forerunners of the Pentecostal movements of the 20th Century were brutally suppressed in many European lands. The example of the siege and destruction of Munster Germany by combined Catholic and Lutheran forces after “enthusiasts” seized power is just one example.

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The Jews were persecuted often brutally almost everywhere in Europe for centuries. They were the “Christ killers” and that was even enshrined in the liturgies of churches. But the Jews had a surprising amount of freedom and influence in the Ottoman Empire where in places like Baghdad they composed a rather sizable part of the population and were quite prominent in the Empire.

Catholics were heavily persecuted in England and could not hold public office for many years following the English Reformation. Hundreds of Catholics martyred for simply practicing their religion in private, simply celebrating Mass could get them a death sentence.

Then there were the Huguenots in France. They were French Protestants who had gained a great deal of influence and power that were brutally suppressed and many killed by the French Crown and the Catholic Church.

The Lutherans were not big fans of other religions in Germany and worked with their archrival Roman Catholics to kill off the Anabaptists and the Enthusiasts.

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Spain was another brutal place for religious liberty. Even some Roman Catholics now canonized as Saints such as Ignatius of Loyola and Teresa of Avila were brought before the Inquisition. Protestants, Jews, Moslems were all persecuted in Spain, and Spain was equally repressive of native religions in the lands that it colonized in the “New World.”

The Russian Empire was known for its toleration of Catholics, Protestants and Jews especially in the equal treatment given to them in various Pogroms conducted by the government and the Orthodox Church.

The Ottoman Empire had a limited amount of religious toleration so long as you didn’t make trouble and paid your taxes. One cannot really call it liberty for the Empire and persecuted anyone equally that threatened the Caliphate or that they thought were heretical. These included the tribes of the Arabian Peninsula.

Then along came the United States where our forefathers ensured religious liberty in our Bill of Rights along with freedom of speech, assembly and the press. It is a wonderful thing, but we have not always done well with it and there are always those trying to carve out addition “rights” for themselves or their faith communities. Sometimes the more religious people have had a negative influence in this experiment, often being involved with acts of religious and civil intolerance worthy of our European ancestors.

That being said many religious people, particularly Christians and churches have done many good things in promoting human rights, religious rights and the civil rights of all in our country.

In Colonial America most of the colonies had official state religions. In Massachusetts that was the Congregationalist Church and it conducted many of the witch trials and the persecution of people deemed heretic including Quakers and Baptists.

dyer-hanging1Hanging the Quakers in Massachusetts

While Christians were in the forefront of the Abolitionist movement whole denominations split on the issue of Slavery. These denominations included the Southern Baptists, the Methodists and the Presbyterians. Curiously neither the Episcopalians nor the Catholics split over the issues although the war found them heavily engaged on both sides of the conflict.

After the war many American Christians worked for the rights of workers, the abolition of child labor and even something that I oppose, Prohibition. Some Christians and churches advocated for the full civil rights of African Americans though few spoke up for rights of the Native Americans and the Chinese immigrants to California who were frequently mistreated and worked for almost nothing on the most demanding jobs like building the trans-continental railroad, mining gold and building stone walls for ranchers.

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While enshrining the right to the free exercise of religion the Founding Fathers kind of ignored the human rights of a whole class of people, African American slaves. They allowed the practice of slavery counting Blacks as 3/5ths of a person, which 3/5ths I don’t know but nonetheless only 60% of a full human being. my own family owned slaves and the family patriarch who fought as a Confederate officer in the American Civil War and after the defeat of the Confederacy refused to sign the loyalty oath, which good honorable men like Robert E Lee did and lost the family lands to the Federal Government.

We drove the Native Americans off of their lands, hunted them down and confined them to reservations all while ignoring the treaties that we made with the various Indian Nations. This practice was actually recently defended by the faux “historian” of the Christian Right, David Barton.

If we believe Barton’s “history” the vast majority of the people perpetuating these acts were solid Bible Believing Christians. But then how do we reconcile these crimes against humanity, even crimes against fellow Christians with the Christian faith? If you are Barton you assume that what happened was due to the sin of the Native Americans who had to be subjugated by Christians.

Likewise nearly every ethnic group that immigrated to the United States has experienced some form of discrimination, often religious from the good citizens of this land. It turns out that throughout history we have had some problems in the matter of religious liberty and toleration, especially of those whose customs, language, culture and religion are different than our own.

But the crux of all of this comes down to religious liberty which as Americans we hold dear, at least our own religious liberty. The problem is that those who fight the hardest for their religious liberty frequently want to deny the rights that they have to others that they disagree with in belief, practice or even politics.

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Now everyone is for religious liberty in the Public Square until a loathsome man like Fred Phelps and his family owned and operated “Westboro Baptist Church” shows up to protest and hurl vile epithets at those grieving the loss of family members killed in war, taunting these people in the most abhorrent of ways.

However, as grievous as these people are they do this under the right to the free exercise of religion. Some Fundamentalist Moslems have as a stated goal of instating Sharia Law in this land, at least for Moslems. This they proclaim under the banner of religious liberty, however the imposition of Sharia Law on Moslems in the name of their religion also takes away their civil rights under the Constitution and the various laws of the Federal Government of the States that make up our fair land.

The Roman Catholic Church at the direction of the Vatican has attempted rather successfully until a recent Supreme Court ruling to shield Bishops that were complicit in personnel moves and cover ups regarding Priests accused or convicted of sexual misconduct and the sexual abuse of minors from criminal prosecution and civil suits under the guise of diplomatic immunity as the Vatican is a nation state. Could any other religious organization shield its clergy from the laws of the land that any other citizen would be subject to? Not on your or my life, but in the past the Vatican has blatantly done so and hopefully under Pope Francis this too will change.

One of the key issues of religious liberty is the right of those of various beliefs and practices that use television, radio and the internet to espouse hatred and violence in the name of their religious beliefs and under the banner of religious liberty? I may not agree with what they broadcast but they have the right to do it.

Many Conservative Christians, especially Evangelicals and Roman Catholics are keen to support their rights to publicly exercise their religion, even in the government. But they are not good when it comes to other branches of Christianity or non-Christian religions.

The Metropolitan Community Church comes to mind. It is a predominantly Homosexual Christian church many of whose members were driven from their home churches due to their sexuality. Many, except for being gay are very conservative in their theological beliefs. That church has been in the forefront of the fight for marriage equity as well as the right for homosexuals to serve openly in the Military.

The part about marriage is particularly fraught with peril because both the Church and the State have interests in marriage. For many marriage is primarily a religious act with civil overtones, in fact ministers of all denominations are licensed by the state to perform marriages on behalf of the State becoming in effect de-facto officers of the courts and at the same time most states deny homosexual couples the right to marry, regardless of one’s position on the legitimacy of such unions who could say that it is right for the states to approve and license the clergy of almost every religious tradition to conduct weddings that have the full civil effect, including tax breaks for all but a certain group? We have this enshrined in our culture but would deny it to the Metropolitan Community Church to perform weddings for its members. What if someone said that any other minister could not marry members of their own church under their church laws, ordinances and beliefs? There would be a public outcry, but not for the Metropolitan Community Church or other denominations that sanction Gay marriage.

There are so many issues regarding religious liberty. What about adherents of Wicca and other Earth based religions or Native American religions? Some of their practices would not be welcomed by those of many Christian denominations as well as secularists and atheists but if they are not hurting anyone else why should others object?

Likewise why should people object if a religious symbol is displayed on private property or on state property where it has been displayed for decades or longer? Is it hurting anyone? Not really but hurt feelings and being offended count as much as real injury to the litigiously minded. Usually these cases are long, expensive and divisive court proceedings that have served little purpose. I am not in favor of government using such symbols to advance the rights of any given religion, even Christianity. But that being said there are times where religious symbols are part of our American culture where we have memorialized our war dead without the intent of promoting a religious cause. However, if one symbol is present we should not object to others.

Likewise there are those that would attempt to limit the free speech rights and religious rights of Christians and others that protest the practice of abortion using civil disobedience to do so. Some in polite and well-mannered but others are pretty unseemly. That being said I do not think that the religious beliefs of anti-abortion people should be the law for unbelievers or for that matter a believer with different views on abortion.

The problem is that many who call themselves “pro-life” are not pro-life at all but simply anti-abortion. Many Christians who call themselves “pro-life” bless and baptize practices condemned by the same Church Fathers and Biblical writers who they use to support the rights of the unborn. They support the death penalty despite the aversion and opposition to it by the Early Church a and the evidence that in many states that the practice is abused and sentences often wrong. Many advocate for harsh treatment of aliens and exhibit a xenophobic attitude towards some immigrant groups, especially those that are not Christian. Likewise the belief that the economic Social Darwinism of unfettered Capitalism is not only Biblical but God’s best ordained economic system is promoted as the Gospel. The same people often treat the poor and the elderly with distain and treat their political opponents as agents of the Devil rather than people that God might actually care about.

Local governments and even home owners associations have acted to quash home churches and Bible studies. Some have acted to zone land so that the construction of religious buildings, edifices or displays is illegal all of which have been protested and fought in the courts by the groups involved particularly Evangelical Christians of various denominations. Even churches that neighbors have deemed to be too loud in their expression of worship have been penalized by local governments and courts.

Yet many Christians had little problem with using the government to suppression other religious or splinter groups. The tragic example of the Branch Davidians at their Waco compound looms large. David Koresh was a labeled as a “dangerous” cult leader. Nor do many Conservative Christians have a problem in limiting the rights of American Moslems and protest if a Moslem clergyman becomes a military Chaplain or if Moslems want to build a Mosque in their neighborhood. I think that religious intolerance is often in the eye of the beholder. As David Barton the President of “Wallbuilders” an organization that seeks to promote America’s “Christian heritage” quoted William Penn “Whatever is Christian is legal; whatever is not is illegal.”

Barton’s friend and ally Gary North wrote:

“We must use the doctrine of religious liberty to gain independence for Christian schools until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government. Then they will get busy in constructing a Bible-based social, political and religious order which finally denies the religious liberty of the enemies of God.”

So as you can see the subject of religious liberty and the freedom to practice our religions is one that is not as clear cut as we would like to admit.

To play the Devil’s advocate here let me ask this question: “Should we limit the rights to the free exercise of religion for any group?” If we do so where do we draw the line? If we say “everything goes” does this mean for everyone or just us? Could it be that in the enshrining of this right that the Founders actually meant the expression of rational and enlightened religion and not religious expression that limits the rights of other groups or supports the abolition of others Constitutional Rights? Those are all hard questions. As you can see there are a tremendous amount of issues at play when we attempt to legislate or regulate religious practice.

I think that our religious liberty is something to be cherished. But I can see times and places where there would be a need for the community or state to limit such expression. This would not be to take it away but to ensure that such expression is not used as a weapon against others, just as religious beliefs have been used in the past and present by people and governments around the world.

You see the lawyer that dwells deep within my heart that my fellow seminarians saw could argue the point for any position in this debate, which I guess kind of, makes me a bit of a prostitute. But still there are valid points to be made on all sides of this issue and to the extenuating civil, social and even economic and national security concerns that the absolute right to the freedom of religious expression impacts.

The waters get pretty muddy and my concern is that those on various sides of this issue are more about promoting their agenda, be it religious or secular. As I said at the beginning of this essay the issue is about legal precedence and sometimes the unintended consequences of decisions reached hastily when those on the various sides of an issue go to court or establish a new law which enshrines any group with the ability to discriminate against others based on the majority’s religious beliefs.

The question of religious liberty and the tension between competing Free Exercise rights and concerns about the “excessive entanglement” of religion in government will be with us for a long time. I think the result of the heated and often litigious nature of the debate will actually turn people away from the Christian faith and will actually do great damage to the First Amendment protections that we all enjoy.

This causes me great concern as I value the right to the free exercise of religious expression and the right of others not to have the religious views of any group made the law of the land.

Religion can and often has been abused and used by the faithful as a dictatorial bludgeon and those who now advocate so stridently for their faith to be made the law of the land should well remember the words of James Madison:

“Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same ease any particular sect of Christians, in exclusion of all other sects?”

Peace

Padre Steve+

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Filed under christian life, civil rights, faith, laws and legislation, pro-life anti-abortion, Religion

Reflecting on the High Water Mark of the Confederacy and the Importance of Our Union

Yesterday was the 148th Anniversary of Pickett’s Charge at the Battle of Gettysburg. There is a spot near the Copse of Trees along Cemetery Ridge which is referred to as the “High Water Mark of the Confederacy.” It is the spot close to where Confederate Brigadier General Lo Armistead fell mortally wounded as the decimated remains of his command were overwhelmed by Union forces shortly after they breached the Union line. It is a place immortalized in history, literature and film. It is the place that marked the beginning of the end for the great evil of slavery in America.

My ancestors lived in Cabell County which in 1861 was part of Virginia. They were slave holders along the Mud River, a tributary of the Ohio River just to the north of what is now Huntington West Virginia. When war came to the country the family patriarch James Dundas and my great, great grandfather joined the 8th Virginia Cavalry Regiment in which he served the bulk of the war as a Lieutenant.  When it ended he refused to sign the loyalty oath to the Union and had his lands, which are now some of the most valuable in that part of West Virginia confiscated and sold by the Federal Government.  He was a believer in the “Lost Cause” that romantic and confused idea about the rightness of the South in its war against what they called “Northern aggression.”

Because he served I am eligible for membership in the Sons of the Confederacy. However it is something that I cannot do.  There are some that do this as a means to honor their relatives that served in the war and I do not make light of their devotion to their family, but there are some that take that devotion to places that I cannot go.  As much as I admire the valor and personal integrity of many military men who served the Confederacy I cannot for a moment think that their “cause” was just.

It has been said that the North won the war but that the South won the history.  I think this is true. Many people now days like to reduce the reasons for the war to the South protecting its rights.  Sometimes the argument is “states rights” or “economic freedom” and those that make these arguments romanticize the valor shown by Confederate soldiers on the battlefield but conveniently ignore or obscure the evil of the Southern economic system. The “rights” and the “economic freedom” were based upon the enslavement and exploitation of the Black man to maintain an archaic economy based on agriculture, particularly the export of King Cotton.  Arguments which try to place the blame on the North, especially arguments that attempt to turn the Northern States into economic predators’ intent on suppressing the economic rights of Southerners only serve to show the bankruptcy of the idea itself. The fact that the “economic and political freedom” of Southerners was founded on the enslavement of a whole race of people matters not because the “cause” is greater.

The fact is that the longer the South relied solely on its agriculture which was supported by the institution of slavery it deprived itself of the means of economic progress, the same progress that propelled the North to prosperity. The south lagged in all industrial areas as well as transportation infrastructure. The majority of non-slave owning whites lived at the poverty line and only enjoyed some elevated social status because the slaves ranked beneath them on the sociological and economic hierarchy.  The South depended on cheap imports from England, which then was still considered an enemy of the country. When tariffs to protect newly establish American industries were enacted in 1828 South Carolina attempted to nullify the Federal law even raising troops and threatened a revolt in 1832.

The Southern economic system was immoral and antiquated. It enslaved blacks and it impoverished most rural Southerners, with the exception of those that owned the land and the slaves. It was a hateful, backward and loathsome system which even the southern churches attempted to justify from Scripture.  Southern Baptists, Methodists and Presbyterians would all break away from their parent denominations regarding slavery.

This does not mean that I think that the average Confederate soldier or officers were dishonorable men. Many officers who had served in the United States Army hated the breakup of the Union but served the South because it was the land that they were from. It was the home of their families and part of who they were.  To judge them as wanting 150 years later when we have almost no connection to family or home in a post industrial world is to impose the standards of a world that they did not know upon them. For those that gave up everything to serve one can feel a measure of sympathy.  So many died and so much of the South was destroyed in the defense of that “cause” one has to wonder just why the political and religious leaders of the South were willing to maintain such an inadequate and evil economic system one that hurt poor Southern whites nearly as much as it did blacks.

The war devastated the South and the radicals that ran “Reconstruction” ensured that Southerners suffered terrible degradation and that Southern blacks would have even more obstacles raised against them by the now very angry and revengeful whites.  It would take another 80-100 years to end segregation and secure voting rights for blacks. Thus I have no desire to become part of an organization that even gives the appearance of supporting the “cause” even if doing so would allow me to “honor” an ancestor who raised his hand against the country that I serve.

I was raised on the West Coast but have lived in the South much of my adult life due to military assignments. I have served in National Guard units that trace their lineage to Confederate regiments in Texas and Virginia. Despite my Confederate connections both familial and by service I can find little of the romance and idealism that some find in the Confederacy and the “Lost Cause.” I see the Civil War for what it was, a tragedy of the highest order brought about by the need of some to enslave others to maintain their economic system.

Today there are many that use the flags of the Confederacy outside of their historic context. They are often used as a symbol of either racial hatred or of defiance to the Federal Government by white Supremacist or anti-government organizations.  Many that use them openly advocate for the overthrow of the Federal Government.  The calls for such “revolt” can be found all over the country even in the halls of Congress much as they were in the 1830s, 40s and 50s. Some of this is based in libertarian economic philosophy which labels the government as the enemy of business, some based social policies which are against their religious beliefs and some sadly to say based in an almost xenophobic racial hatred.  The scary thing as that the divisions in the country are probably as great as or greater than they were in the 1850s as the country lurched inexorably to Civil War with neither side willing to do anything that might lessen their political or economic power even if it means the ruin of the country.

In recent weeks I have seen the symbols of the Confederacy, particularly the Battle Flag displayed in manners that can only be seen as symbols of defiance.  Tomorrow is July 4th and it seems to me that the flag that should be most prominently displayed is not a Confederate banner, nor even the Gadsen flag, a flag from the Revolutionary War which is used as a rallying symbol for many in the Tea Party movement but the Stars and Stripes.  Somehow I find the flag flown in rebellion to the country that I serve displayed in such an arrogant manner

For many of these people it is the Federal Government which is the enemy. Now I know that our system of government has its flaws. Likewise I cannot agree more about the corruption of many in political office, regardless of their political allegiance.  While it is true that the Federal Government has taken upon itself many powers some never envisioned by those that crafted the Constitution, it has done so because leaders of both political parties have consented to it and even worked to strengthen the Federal Government with the consent of the American people that elect them again and again.

Despite this much of this has been accomplished by the Federal Government has been for the good for the country and people no matter what the critics say. Many of the things that we enjoy today are the result of the work of the Federal Government and not business as much as those that deify big corporations want to believe. There are the National Parks, laws against child labor and for safe workplaces brought about by Teddy Roosevelt, the infrastructure built in the 1930s and 1940s by the Franklin Roosevelt administration. The Roosevelt administration also brought about Social Security and banking regulations to protect Americans from corporations and banks that violated the public trust. The Eisenhower administration began the Interstate Highway system which is the backbone of our transportation system.  Likewise the Space Program and yes even the military have led the way in technological, scientific and medical innovation including that thing that we all take for granted today the Internet.

Today quite a few people are calling for revolt or secession if they do not get what they want be it socially, politically or economically. For years politicians on both sides have fought to minimize such talk and enact compromises with the usual discontent that comes with compromise.  Unfortunately many of those compromises have had the effect of widening the political divide much as the various compromises on the road to the Civil War.  Jefferson said of the Missouri Compromise of 1824: “but this momentous question, like a fire bell in the night, awakened and filled me with terror. I considered it at once as the knell of the Union. It is hushed indeed for the moment, but this is a reprieve only, not a final sentence. A geographical line, coinciding with a marked principle, moral and political, once conceived and held up to the angry passions of men, will never be obliterated; and every new irritation will mark it deeper and deeper.”

We have allowed the issues of our time to become a fire of unbridled angry passion where those with almost no historical understanding and whose history is often based on myth stake claims and promote ideas that will destroy this Union if they continue. Unfortunately we have not yet reached the high water mark of this movement yet and I fear like Jefferson that the hatred and division will only grow worse as both radical on the right and left prepare for conflict.

Tomorrow we celebrate the 235th anniversary of our Declaration of Independence.  It is a remarkable occasion. It is the anniversary that free people as well as those oppressed around the world look to as a beacon of liberty. It has been paid for time and time again, especially during that cruel Civil War which killed more American soldiers than any other war that we have fought.

A few months after Gettysburg Abraham Lincoln a man much reviled by those that have romanticized the Cause and who is demonized by many “conservative” politicians and pundits today as a “tyrant” made these brief remarks at the site of the battle:

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate—we cannot consecrate—we cannot hallow—this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us—that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom— and that government of the people, by the people, for the people, shall not perish from the earth.

Today with so many radicals on both the political right and political left doing all that they can to plunge us into yet another civil war we should remember Lincoln’s word and rededicate ourselves to this Union, this remarkable Union.  Tony Blair the former Prime Minster of Great Britain remarked today:

“It may be strange for a former British Prime Minister to offer thoughts on America when the country will be celebrating its independence from Britain. But the circumstances of independence are part of what makes America the great and proud nation it is today. And what gives nobility to the American character.

That nobility isn’t about being nicer, better or more successful than anyone else. It is a feeling about the country. It is a devotion to the American ideal that at a certain point transcends class, race, religion or upbringing. That ideal is about values, freedom, the rule of law, democracy. It is also about the way you achieve: on merit, by your own efforts and hard work.

But it is most of all that in striving for and protecting that ideal, you as an individual take second place to the interests of the nation as a whole. This is what makes the country determined to overcome its challenges. It is what makes its soldiers give their lives in sacrifice. It is what brings every variety of American, from the lowest to the highest, to their feet when “The Star-Spangled Banner” is played.

Of course the ideal is not always met – that is obvious. But it is always striven for.

The next years will test the American character. The world is changing. New powers are emerging. But America should have confidence. This changing world does not diminish the need for that American ideal. It only reaffirms it.”

I think that the Prime Minister got it right.

Peace

Padre Steve+

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Filed under History, philosophy, Political Commentary, Religion

The Gift of Religious Liberty and the Real Dangers to It

“Congress shall make no law respecting the 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.” The First Amendment of the US Constitution

“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.” Thomas Jefferson in the 1779 Virginia Statute for Religious Freedom

Religious freedom is a central tenant of the Bill of Rights and has been a central facet of American life since our inception as a country, in fact pre-dating our founding in some of the original 13 colonies most notably Rhode Island and Pennsylvania.  Now before anyone gets the idea that I am about to write something in favor of limiting the freedom to worship or for that matter any limitation on religious practices I am not in fact I am a stalwart supporter of religion in the Public Square and not just mine. You see I am a bit of a purest about this at least most of the time and my view is as long as the practice is not hurting anyone who cares. Some might take me to task for that as a Christian, but my point is not to argue for the Christian faith in this article but rather point out some of the inconsistencies of those of various faiths who while proclaiming their defense of this fundamental right of all American citizens who seek to limit the practice of others that they find disagreeable or even repugnant. What I will do in this essay is to do what I did back in my seminary days, where fellow students asked me why I hadn’t gone to Law School instead of seminary, which mind you was not a complement and actually play the “Devil’s advocate” in the matter of the free exercise of religion as it currently exists in the United States.

You see my gentle readers it is my view that while many individuals and religious organizations loudly proclaim their defense of the right to free exercise it is more their free exercise rights that they are defending than the rights of others. In fact many that proclaim this the loudest are also those that would seek to limit the religious rights of others using the laws of the Federal Government and the various States and Commonwealths that make up the Untied States to do so.  Since law in the United States is based on legal precedence everything that goes to court on matters of religious liberty as well as the actions of various legislatures matters, precedent matters and once precedent has been established it is very hard to change. Thus it is a matter of importance to all that no one acts hastily and emotionally on any issue that I might bring up since each decision sets a precedent and can effect decisions in entirely unrelated matters.

Our First Amendment Rights are marvels which are envied by the citizens of most of the rest of the world and why shouldn’t they be?  In many nations simply being born as a member of a minority religion is enough to ensure that you will never have full legal rights and may even face persecution and death at the hands of those in power, Sudan anyone? Kosovo? Saudi Arabia? Iran? Indonesia?  These rights have provided the opportunity for churches that were suppressed on the European continent and elsewhere to thrive free of government persecution, take Baptists for instance.  In the early 1600’s the first Baptists, English Baptists were persecuted, imprisoned and even killed for their beliefs by the English Crown in particular by King James who despite authorizing the Bible given his name and loved by many Baptists as the “only” valid English translation was a notorious homosexual, not that there is anything wrong with that, hated those early Baptists and persecuted them throughout the land.  On the continent itself the Anabaptists and Mennonites as well as others referred to as “enthusiasts,” obviously forerunners of the Pentecostal movements of the 20th Century were brutally suppressed in many European lands.  The Jews were persecuted often brutally almost everywhere except surprisingly in places like the Ottoman Empire where in places like Baghdad they composed a rather sizable part of the population and were quite prominent in the Empire.  Of course Catholics were heavily persecuted in England and could not hold public office for many years following the English Reformation.  In fact there were hundreds of Catholics martyred for simply practicing their religion in private, simply celebrating Mass could get them a death sentence. Then there were the Huguenots in France, they were French Protestants who had gained a great deal of influence and power that were brutally suppressed and many killed by the French Crown and the Catholic Church.  The Lutherans were not big fans of other religions in Germany and worked with their Archrival Roman Catholics to kill off the Anabaptists and the Enthusiasts.  Spain was a great place to be anything but Roman Catholic but I jest, even some Roman Catholics now canonized as Saints were brought before the show called the Inquisition, Protestants, Jews, Moslems, none had a good time in Spain and Spain was equally repressive of native religions in the lands that it colonized in the “New World.”   The Russian Empire was known for its toleration of Catholics, Protestants and Jews especially in the equal treatment given to them in various Progroms conducted by the government and the Orthodox Church.  The Ottoman Empire had a limited amount of religious toleration; one cannot call it liberty and persecuted anyone equally that threatened the Caliphate or that they thought were heretical including the Arab tribes of the Arabian Peninsula that practiced something called Wahabi Islam.

Of course one can go around the world to see other stirring examples of religious toleration and expression.  Then along came the United States where our forefathers said to each other “gee wouldn’t it be nice if we could all just get along” or something like that and enjoined that right in our Bill of Rights right up there in the number one spot along with freedom of speech, assembly and the press.  Well it seems that we have a few contradictions in the applications of these rights in our history and sometimes the more religious people have had a negative influence in this notwithstanding all of the good things that many have done as religious individuals, particularly Christians and that churches have done in promoting human rights and the civil rights of all in our country.

While Christians were in the forefront of the Abolitionist movement whole denominations split on the issue of Slavery including the Southern Baptists, the Methodists and the Presbyterians. Curiously neither the Episcopalians nor the Catholics split over the issues although the war found them heavily engaged on both sides of the conflict.  After the war many American Christians worked for the rights of workers, the abolition of child labor and even something that I oppose, Prohibition. Notwithstanding the unbiblical and inhuman temperance movement, at least some Christians and Churches advocated  for the full civil rights of African Americans though few spoke up for rights of the Native Americans. Chinese immigrants to California were frequently mistreated and worked for almost nothing on the most demanding jobs like building the trans-continental railroad, mining gold and building stone walls for ranchers.

While enshrining the right to the free exercise of religion the Founding Fathers kind of ignored the human rights of a whole class of people, African American slaves and allowed the practice of slavery every allowing Blacks to be counted as 3/5ths of a person, which 3/5ths I don’t know but nonetheless only 60% of a full human being.  We also did wonderful things to Native Americans driving them off of their lands, hunting them down and confining them to reservations all while ignoring the treaties that we made with the various Indian Nations, try that with a European Country and see what happens.  Of course if we believe the “history” promoted by some on the Religious Right we have to believe that the vast majority of the people perpetuating these acts were solid Bible Believing Christians, but then how do we reconcile these crimes against humanity, even crimes against fellow Christians with the Christian faith?  In fact nearly every ethnic group that immigrated to the United States has experienced some form of discrimination, often religious from the good citizens of this land.  It turns out that throughout history we have had some problems in the matter of religious liberty and toleration, especially of those whose customs, language, culture and religion are different than our own.  My goodness my own family owned slaves and the family patriarch who fought as a Confederate officer in the American Civil War and after the defeat of the Confederacy refused to sign the loyalty oath, which good honorable men like Robert E Lee did and lost the family lands to the Federal Government.

But the crux of all of this comes down to religious liberty which as Americans we hold dear, at least our own religious liberty though I cannot be sure about the extension of this right to others that we disagree with in belief, practice or even politics.

Now everyone is for religious liberty in the Public Square until a loathsome man like Fred Phelps and his family owned and operated “Westboro Baptist Church” shows up to protest and hurl vile epithets at those grieving the loss of family members killed in war, taunting these people in the most abhorrent of ways.  However, as grievous as these people are they do this under the right to the free exercise of religion.  Fundamentalist Moslems have as a stated goal of instating Sharia Law in this land, at least for Moslems. This they proclaim under the banner of religious liberty, however the imposition of Sharia Law on Moslems in the name of their religion also takes away their civil rights under the Constitution and the various laws of the Federal Government of the States that make up our fair land.  The Roman Catholic Church at the direction of the Vatican has attempted rather successfully until a recent Supreme Court ruling to shield Bishops that were complicit in personnel moves and cover ups regarding Priests accused or convicted of sexual misconduct and the sexual abuse of minors from criminal prosecution and civil suits under the guise of diplomatic immunity as the Vatican is a nation state. Now I ask you dear reader could any other religious organization shield its clergy from the laws of the land that any other citizen would be subject too? Not on your or my life, but the Vatican has blatantly done so and since we all value religious liberty we have as a nation turned a blind eye to this until now.  What about those of various beliefs and practices that use television, radio and the internet to espouse hatred and violence in the name of their religious beliefs and under the banner of religious liberty?

What about the question of the Metropolitan Community Church, a predominantly Homosexual Christian church wants to see the legalization of Gay Marriage as well as the right for homosexuals to serve openly in the Military.  The part about marriage is particularly fraught with peril because both the Church and the State have interests in marriage. For many marriage is primarily a religious act with civil overtones, in fact ministers of all denominations are licensed by the state to perform marriages on behalf of the State becoming in effect de-facto officers of the courts and at the same time most states deny homosexual couples the right to marry, regardless of one’s position on the legitimacy of such unions who could say that it is right for the states to approve and license the clergy of almost every religious tradition to conduct weddings that have the full civil effect, including tax breaks for all but a certain group?  We have this enshrined in our culture but would deny it to the Metropolitan Community Church to perform weddings for its members.  What if someone said that any other minister could not marry members of their own church under their church laws, ordinances and beliefs? There would be a public outcry, but not for the Metropolitan Community Church or other denominations that sanction Gay marriage.

What about adherents of Wicca and other Earth based religions or Native American religions? Some of their practices would not be welcomed by those of many Christian denominations as well as secularists and atheists but if they are not hurting anyone else why should others object? Likewise why should people object if a religious symbol is displayed on private property or on state property where it has been displayed for decades or longer? Is it hurting anyone? Not really but hurt feelings and being offended count as much as real injury to the litigious and as such there have been long, expensive and divisive court proceedings that have served little purpose.  Now am I in favor of the government using such symbols to advance the rights of a given religion?  Absolutely not, but there are times where religious symbols and American culture, particularly that which seeks to honor veterans from previous wars is not about the advancement of any religion but simply a memorial with intent of promoting a religious cause.

Likewise there are those that would attempt to limit the free speech rights and religious rights of Christians and others that protest the practice of abortion using civil disobedience to do so, some in polite and well mannered demonstrations but others in pretty unseemly manners.  At the same time there are Christians who call themselves “pro-life” who bless and baptize practices condemned by the same Church Fathers and Biblical writers who they uses to support the rights of the unborn. They support the death penalty despite evidence that in many states that the practice is abused and sentences often wrong. Many advocate for harsh treatment of aliens and exhibit a xenophobic attitude towards some immigrant groups, especially those that are not Christian. Then there is a now popular belief that the economic Social Darwinism of unfettered Capitalism is not only Biblical but God’s best ordained economic system while treating the poor and the elderly with distain and treat their political opponents as agents of the Devil rather than people that God might actually care about.

Local governments and even home owners associations have acted to quash home churches and Bible studies, acted to zone land so that the construction of religious buildings, edifices or displays is illegal all of which have been protested and fought in the courts by the groups involved particularly Evangelical Christians of various denominations.  Even churches that neighbors have deemed to be too loud in their expression of worship have been penalized by local governments and courts.

Yet many Christians had little problem with the suppression of the Branch Davidians at their Waco compound after all David Koresh was a “dangerous” cult leader.  Nor do many seem to have a problem in limiting the rights of Moslems that happen to be American citizens and protest if a Moslem clergyman becomes a military Chaplain or if Moslems want to build a Mosque in their neighborhood.  I think that religious intolerance is often in the eye of the beholder.  As David Barton the President of Wallbuilders an organization that seeks to promote America’s “Christian heritage” quoted William Penn “Whatever is Christian is legal; whatever is not is illegal.”

So as you can see my dear friends the subject of religious liberty and the freedom to practice our religions is one that is not as clear cut as we would like to admit.  The question, to play the Devil’s advocate here is “Should we limit the rights to the free exercise of religion?”    If we do so where do we draw the line? If we say everything goes does this mean for everyone or just us?  Could it be that in the enshrining of this right that the Founders actually meant the expression of rational and enlightened religion and not religious expression that limits the rights of other groups or supports the abolition of others Constitutional Rights?

You see that I think that our religious liberty is something to be cherished but I can see times and places where there would be a need for the community or state to limit such expression, not to take it away but to ensure that such expression is not used as a weapon against others as religious beliefs have been used in the past and present by people and governments around the world.

You see the lawyer that dwells deep within my heart that my fellow seminarians saw could argue the point for any position in this debate, which I guess kind of makes me a bit of a prostitute but still there are valid points to be made on all sides of this issue and to the extenuating civil, social and even economic and national security concerns that the absolute right to the freedom of religious expression impacts.  It seems that the waters get pretty muddy here my concern is that those on various sides of this issue are more about promoting their religion if they have one and do not really care about the religious rights of others while the devoted secularists would seek to expunge religion from the public square.  As I said at the beginning of this essay the issue is about legal precedence and sometimes the unintended consequences of decisions reached hastily when those on the various sides of an issue take it to court.

The question of religious liberty and the tension between competing Free Exercise rights and concerns about the “excessive entanglement” of religion in government will be with us for a long time. I think the result of the heated and often litigious nature of the debate will actually turn people away from the more strident groups in the debate and will actually do damage to the First Amendment protections that we all enjoy.  This causes me great concern and if you value your rights to the free exercise of your religion or expression or your right not to have the religious views of any group made the law of the land.  Religion can be abused and used as a dictatorial bludgeon and those who now advocate so stridently for their faith to be made the law of the land should well remember the words of James Madison:

“Who does not see that the same authority which can establish Christianity, in exclusion of all other religions, may establish with the same ease any particular sect of Christians, in exclusion of all other sects?”

Peace

Padre Steve+

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Filed under faith, History, laws and legislation, philosophy, Political Commentary, Religion

Religious Freedom…Do We Really Want or Believe in It?

Norman Rockwell’s Freedom of Worship done in response to Franklin Roosevelt’s “Four Freedoms”

“Congress shall make no law respecting the 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.” The First Amendment of the US Constitution

“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.” Thomas Jefferson in the 1779 Virginia Statute for Religious Freedom

Religious freedom is a central tenant of the Bill of Rights and has been a central facet of American life since our inception as a country, in fact pre-dating our founding in some of the original 13 colonies most notably Rhode Island and Pennsylvania.  Now before anyone gets the idea that I am about to write something in favor of limiting the freedom to worship or for that matter any limitation on religious practices I am not in fact I am a stalwart supporter of religion in the Public Square and not just mine. You see I am a bit of a purest about this at least most of the time and my view is as long as the practice is not hurting anyone who cares. Some might take me to task for that as a Christian, but my point is not to argue for the Christian faith in this article but rather point out some of the inconsistencies of those of various faiths who while proclaiming their defense of this fundamental right of all American citizens who seek to limit the practice of others that they find disagreeable or even repugnant. What I will do in this essay is to do what I did back in my seminary days, where fellow students asked me why I hadn’t gone to Law School instead of seminary, which mind you was not a complement and actually play the “Devil’s advocate” in the matter of the free exercise of religion as it currently exists in the United States.

You see my gentle readers it is my view that while many individuals and religious organizations loudly proclaim their defense of the right to free exercise it is more their free exercise rights that they are defending than the rights of others. In fact many that proclaim this the loudest are also those that would seek to limit the religious rights of others using the laws of the Federal Government and the various States and Commonwealths that make up the Untied States to do so.  Since law in the United States is based on legal precedence everything that goes to court on matters of religious liberty as well as the actions of various legislatures matters, precedent matters and once precedent has been established it is very hard to change. Thus it is a matter of importance to all that no one acts hastily and emotionally on any issue that I might bring up since each decision sets a precedent and can effect decisions in entirely unrelated matters.

Our First Amendment Rights are marvels which are envied by the citizens of most of the rest of the world and why shouldn’t they be?  In many nations simply being born as a member of a minority religion is enough to ensure that you will never have full legal rights and may even face persecution and death at the hands of those in power, Sudan anyone? Kosovo? Saudi Arabia? Iran? Indonesia?  These rights have provided the opportunity for churches that were suppressed on the European continent and elsewhere to thrive free of government persecution, take Baptists for instance.  In the early 1600’s the first Baptists, English Baptists were persecuted, imprisoned and even killed for their beliefs by the English Crown in particular by King James who despite authorizing the Bible given his name and loved by many Baptists as the “only” valid English translation was a notorious homosexual, not that there is anything wrong with that, hated those early Baptists and persecuted them throughout the land.  On the continent itself the Anabaptists and Mennonites as well as others referred to as “enthusiasts,” obviously forerunners of the Pentecostal movements of the 20th Century were brutally suppressed in many European lands.  The Jews were persecuted often brutally almost everywhere except surprisingly in places like the Ottoman Empire where in places like Baghdad they composed a rather sizable part of the population and were quite prominent in the Empire.  Of course Catholics were heavily persecuted in England and could not hold public office for many years following the English Reformation.  In fact there were hundreds of Catholics martyred for simply practicing their religion in private, simply celebrating Mass could get them a death sentence. Then there were the Huguenots in France, they were French Protestants who had gained a great deal of influence and power that were brutally suppressed and many killed by the French Crown and the Catholic Church.  The Lutherans were not big fans of other religions in Germany and worked with their Archrival Roman Catholics to kill off the Anabaptists and the Enthusiasts.  Spain was a great place to be anything but Roman Catholic but I jest, even some Roman Catholics now canonized as Saints were brought before the show called the Inquisition, Protestants, Jews, Moslems, none had a good time in Spain and Spain was equally repressive of native religions in the lands that it colonized in the “New World.”   The Russian Empire was known for its toleration of Catholics, Protestants and Jews especially in the equal treatment given to them in various Progroms conducted by the government and the Orthodox Church.  The Ottoman Empire had a limited amount of religious toleration; one cannot call it liberty and persecuted anyone equally that threatened the Caliphate or that they thought were heretical including the Arab tribes of the Arabian Peninsula that practiced something called Wahabi Islam.

Of course one can go around the world to see other stirring examples of religious toleration and expression.  Then along came the United States where our forefathers said to each other “gee wouldn’t it be nice if we could all just get along” or something like that and enjoined that right in our Bill of Rights right up there in the number one spot along with freedom of speech, assembly and the press.  Well it seems that we have a few contradictions in the applications of these rights in our history and sometimes the more religious people have had a negative influence in this notwithstanding all of the good things that many have done as religious individuals, particularly Christians and that churches have done in promoting human rights and the civil rights of all in our country.

While Christians were in the forefront of the Abolitionist movement whole denominations split on the issue of Slavery including the Southern Baptists, the Methodists and the Presbyterians. Curiously neither the Episcopalians nor the Catholics split over the issues although the war found them heavily engaged on both sides of the conflict.  After the war many American Christians worked for the rights of workers, the abolition of child labor and even something that I oppose, Prohibition. Notwithstanding the unbiblical and inhuman temperance movement, at least some Christians and Churches advocated  for the full civil rights of African Americans though few spoke up for rights of the Native Americans. Chinese immigrants to California were frequently mistreated and worked for almost nothing on the most demanding jobs like building the trans-continental railroad, mining gold and building stone walls for ranchers.

While enshrining the right to the free exercise of religion the Founding Fathers kind of ignored the human rights of a whole class of people, African American slaves and allowed the practice of slavery every allowing Blacks to be counted as 3/5ths of a person, which 3/5ths I don’t know but nonetheless only 60% of a full human being.  We also did wonderful things to Native Americans driving them off of their lands, hunting them down and confining them to reservations all while ignoring the treaties that we made with the various Indian Nations, try that with a European Country and see what happens.  Of course if we believe the “history” promoted by some on the Religious Right we have to believe that the vast majority of the people perpetuating these acts were solid Bible Believing Christians, but then how do we reconcile these crimes against humanity, even crimes against fellow Christians with the Christian faith?  In fact nearly every ethnic group that immigrated to the United States has experienced some form of discrimination, often religious from the good citizens of this land.  It turns out that throughout history we have had some problems in the matter of religious liberty and toleration, especially of those whose customs, language, culture and religion are different than our own.  My goodness my own family owned slaves and the family patriarch who fought as a Confederate officer in the American Civil War and after the defeat of the Confederacy refused to sign the loyalty oath, which good honorable men like Robert E Lee did and lost the family lands to the Federal Government.

But the crux of all of this comes down to religious liberty which as Americans we hold dear, at least our own religious liberty though I cannot be sure about the extension of this right to others that we disagree with in belief, practice or even politics.

Now everyone is for religious liberty in the Public Square until a loathsome man like Fred Phelps and his family owned and operated “Westboro Baptist Church” shows up to protest and hurl vile epithets at those grieving the loss of family members killed in war, taunting these people in the most abhorrent of ways.  However, as grievous as these people are they do this under the right to the free exercise of religion.  Fundamentalist Moslems have as a stated goal of instating Sharia Law in this land, at least for Moslems. This they proclaim under the banner of religious liberty, however the imposition of Sharia Law on Moslems in the name of their religion also takes away their civil rights under the Constitution and the various laws of the Federal Government of the States that make up our fair land.  The Roman Catholic Church at the direction of the Vatican has attempted rather successfully until a recent Supreme Court ruling to shield Bishops that were complicit in personnel moves and cover ups regarding Priests accused or convicted of sexual misconduct and the sexual abuse of minors from criminal prosecution and civil suits under the guise of diplomatic immunity as the Vatican is a nation state. Now I ask you dear reader could any other religious organization shield its clergy from the laws of the land that any other citizen would be subject too? Not on your or my life, but the Vatican has blatantly done so and since we all value religious liberty we have as a nation turned a blind eye to this until now.  What about those of various beliefs and practices that use television, radio and the internet to espouse hatred and violence in the name of their religious beliefs and under the banner of religious liberty?

What about the question of the Metropolitan Community Church, a predominantly Homosexual Christian church wants to see the legalization of Gay Marriage as well as the right for homosexuals to serve openly in the Military.  The part about marriage is particularly fraught with peril because both the Church and the State have interests in marriage. For many marriage is primarily a religious act with civil overtones, in fact ministers of all denominations are licensed by the state to perform marriages on behalf of the State becoming in effect de-facto officers of the courts and at the same time most states deny homosexual couples the right to marry, regardless of one’s position on the legitimacy of such unions who could say that it is right for the states to approve and license the clergy of almost every religious tradition to conduct weddings that have the full civil effect, including tax breaks for all but a certain group?  We have this enshrined in our culture but would deny it to the Metropolitan Community Church to perform weddings for its members.  What if someone said that any other minister could not marry members of their own church under their church laws, ordinances and beliefs? There would be a public outcry, but not for the Metropolitan Community Church or other denominations that sanction Gay marriage.

What about adherents of Wicca and other Earth based religions or Native American religions? Some of their practices would not be welcomed by those of many Christian denominations as well as secularists and atheists but if they are not hurting anyone else why should others object? Likewise why should people object if a religious symbol is displayed on private property or on state property where it has been displayed for decades or longer? Is it hurting anyone? Not really but hurt feelings and being offended count as much as real injury to the litigious and as such there have been long, expensive and divisive court proceedings that have served little purpose.  Now am I in favor of the government using such symbols to advance the rights of a given religion, absolutely not, but there are times where religious symbols and American culture, particularly that which seeks to honor veterans from previous wars is not about the advancement of any religion but simply a memorial with intent of promoting a religious cause.

Likewise there are those that would attempt to limit the free speech rights and religious rights of Christians and others that protest the practice of abortion using civil disobedience to do so, some in polite and well mannered demonstrations but others in pretty unseemly manners.  Many Christians including leaders and members of my own denomination have gone to jail over their opposition to abortion, been brutalized by police for their expression of faith and their opposition to the practice of abortion which they believe to be not only against their beliefs but against their belief in the fundamental rights to life of the unborn.

Local governments have acted to quash home churches and Bible studies, acted to zone land so that the construction of religious buildings, edifices or displays is illegal all of which have been protested and fought in the courts by the groups involved particularly Evangelical Christians of various denominations.  Even churches that neighbors have deemed to be too loud in their expression of worship have been penalized by local governments and courts.

Many Christians had little problem with the suppression of the Branch Davidians at their Waco compound after all David Koresh was a “dangerous” cult leader nor do many have a problem in limiting the rights of Moslems that happen to be American citizens and protest if a Moslem clergyman becomes a military Chaplain or if Moslems want to build a Mosque in their neighborhood.  A big controversy is the plan to build a Mosque on or near the site of the World Trade Center which was destroyed by Islamic terrorists and applauded by many Moslems around the world to include some in the United States. While I have no problem in general with the religious groups including Moslems to be able to build a religious facility wherever they want the construction of one on or near this site would seem to be less of a religious liberty issue but more of a propaganda victory for the terrorists groups that brought down the Twin Towers, a mosque on the site of the hated symbol of American economic power and capitalism would be a propaganda victory for declared enemies of the United States.

So as you can see my dear friends the subject of religious liberty and the freedom to practice our religions is one that is not as clear cut as we would like to admit.  The question, to play the Devil’s advocate here is “Should we limit the rights to the free exercise of religion?”    If we do so where do we draw the line? If we say everything goes does this mean for everyone or just us?  Could it be that in the enshrining of this right that the Founders actually meant the expression of rational and enlightened religion and not religious expression that limits the rights of other groups or supports the abolition of others Constitutional Rights?

You see that I think that our religious liberty is something to be cherished but I can see times and places where there would be a need for the community or state to limit such expression, not to take it away but to ensure that such expression is not used as a weapon against others as religious beliefs have been used in the past and present by people and governments around the world.

You see the lawyer that dwells deep within my heart that my fellow seminarians saw could argue the point for any position in this debate, which I guess kind of makes me a bit of a prostitute but still there are valid points to be made on all sides of this issue and to the extenuating civil, social and even economic and national security concerns that the absolute right to the freedom of religious expression impacts.  It seems that the waters get pretty muddy here and I am curious to what others think. My concern is that those on various sides of this issue are more about promoting their religion if they have one and not really caring about the religious rights of others and that the devoted secularists would seek to remove religion from the Public Square in its totality.  As I said at the beginning of this essay the issue is about legal precedence and sometimes the unintended consequences of decisions reached hastily when those on the various sides of an issue take it to court.

I’m glad to hear from all sides of the issue even from those that disagree with anything that I have said in this little essay, just don’t get too nasty or personal if you are criticizing me, unless you know me well and would join me for a beer later and remember I am playing the Devil’s advocate here and not espousing any particular viewpoint, I only want to see people get spun up so I can have a little fun so feel free to tell me what you think.  Tell me whose rights you want to protect or take away, this should be fun.

Peace,

Padre Steve+

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Filed under faith, philosophy, Political Commentary, Religion