Category Archives: Church and State

Idaho Gay Marriage Lawsuit Moot – City Backs Down

I’ve covered the Idaho “Hitching Post” gay marriage case. I started with a relatively in-depth look at the legal issues involved on Monday, and then covered some inconsistencies in the history of the Hitching Post’s religious designation yesterday.

Today, though, it has all been resolved. The Hitching Post’s recent change from performing civil marriages as well as religious marriages to performing ONLY Christian religious ceremonies, and explicitly forming themselves as a religious business 3 weeks ago, have now exempted them from the anti-discrimination ordinance.

From Boise State Public Radio:

Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.

“After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

Now, it’s partly incorrect to draw some links between this case and Hobby Lobby. That of course involved a federal law whereas this is a city ordinance, and that case was decided on the grounds of the federal RFRA, where the religious exemption is what protects the Hitching Post here. (That said, Idaho has an RFRA, and virtually everyone is in agreement here that forcing the ministers themselves to officiate the ceremony would violate it.)

But at the same time, there were a few things in that decision (and the precedent discussed in the decision) that are instructive.

The first is that Hobby Lobby held that a “closely held” corporation could have religious beliefs, in the sense that it was the direct expression of a very small-knit group of owners. While a publicly-traded corporation wouldn’t have the same protection, a corporation held by a small religious family is entitled to the same protections under RFRA that the owners themselves would be, because the corporation is not truly separable from them as owners.

The second is that under previous RFRA cases, generally any sincerely-held religious belief is taken at face value. The Court isn’t in the business of deciding what religious beliefs are “valid” and what religious beliefs aren’t. Thus, as long as the actions of the Hitching Post are consistent as a religious corporation, forcing them to offer services to same-sex engaged couples violates their religious freedom. Thus, from the Boise article again:

Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies.

“However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

So while some of the red-meat Conservatives were hoping that this would be the wedge that destroys gay marriage, I think everyone’s out of the water.

And to the Knapps, while I profoundly disagree with your belief, and sincerely hope that you come to my side of the aisle on this one, I am glad that you won’t be going to prison or subject to fines. As a libertarian, I think you’re wrong, but as you haven’t taken anyone’s rights away by failing to offer them services, I’m not in the camp that wants to throw you in a cage for it.

H/T: Reason

What American Christians Can Learn From A Muslim Woman Calling Out Her Own Community

There’s a Facebook post that has gone viral of a Georgia woman, who is Muslim, essentially blasting her fellow Muslims for demanding a special increase in food stamp benefits to offset the higher cost of halal food. One of this young lady’s followers screen capped the image, drew a line through her name and eyes to protect her privacy and posted it in Imgur.

Here it is:


I know the young lady who wrote this post. She’s a Bosnian immigrant who came to America with her family to escape the Bosnian Civil War of the 1990s. She grew up in the U.S. and became a political activist who lives outside of Atlanta. I have the privilege of knowing her and I am proud to call her a friend.

Obviously I with the post, however it got me to thinking, are American Christians also asking the state for special treatment? Unfortunately, the answer is yes and it is just as wrong as when American Muslims ask the state for special treatment.

All members of religious groups (and those who don’t belong to or believe in any religion for that matter) are entitled to is to practice their religious beliefs in peace, as long as they do not harm others. This applies whether your religion is the majority religion in the country or has very few adherents.

There are many American Christians who want the government to fight poverty and support increased welfare spending to do it. Other American Christians want the government to enforce their definition of marriage and base the laws upon their version of morality. This manifests itself in everything from blue laws to abstinence only sex education.

The worst example of this is Mike Huckabee or as we like to call him around here, “Tax Hike Mike.” Tax Hike Mike believes that God wants him to do everything from support Common Core, to fight global warming, to oppose same sex marriage. Essentially, Tax Hike Mike wants special, religious based privileges for himself and his followers above and beyond the protection of the freedom of religion.

Christians are called to fight poverty by giving to the poor, not to have Caesar redistribute the wealth of your neighbors to fight poverty. Christians are called to demonstrate their faith by living by example, not to have Caesar pass laws to mandate how their neighbors live. Christ instructed us to fufill the Great Commission by bringing the Gospels to the four corners of the world, not give that duty to Caesar. American Christians, on both the right and the left, need to stop outsourcing their own duties as Christians to the government.


The day may come that Christianity will not be the majority religion in the United States. It wouldn’t be unparalleled in world history for a nation to change its religious beliefs over a generation or so. One day, Christians even in America may find themselves at the mercy of a government determined to promote its own views that maybe contradictory to Christianity. It’s an experience many Christians around the world already experience daily.

If we as Christians want to be free to practice our beliefs in peace, we must acknowledge the right of all faiths in this country to practice their own faith. We cannot complain about Muslim special privileges if we ourselves are using the state to secure special privileges.

I believe that freedom and virtue go hand in hand and reinforce each other. Sometimes, we Christians need to be mindful of the “freedom” part. After all salvation itself is a gift from God through his son Jesus that must be freely accepted.



I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.

Freedom, Group Identification, and Consequences

To anyone trying to make the Cliven Bundy issue, or the Donald Sterling issue, or the Brendan Eich issue about freedom of speech…


They are unrelated, and MOSTLY irrelevant, to free speech.

None are a question of freedom of speech.

All three are a question of bad PR and violating contract terms.

These idiots are not victims of oppression… at least as far as speech goes.

“Well, that’s just your perspective… this is mine”

No… You can have your own opinions, you cannot have your own facts.

This is not an opinion or a perspective, it is a fact. In making this argument, you are entirely and completely incorrect, in both fact and in principle…

That’s not so bad… it’s OK to be wrong… everyone is wrong about many things, every day.

What IS so bad, and why you must be corrected, is that by passionately advocating such a patently false viewpoint, and making weak and specious arguments to support it, you weaken the very important ACTUAL battle to restore and maintain free speech.

Using bad arguments for your cause HURTS your cause, it does not help it.

There are some very serious threats to free speech in this country, particularly on college campuses and in schools. There are supreme court cases in this session, and coming up addressing these issues right now… and the picture is decidedly mixed.

    We are dangerously close to criminalizing, or at least accepting some kind of official sanction, on “hate speech” in this country. We already HAVE criminalized “suspect motivations”, through “hate crime” law.
    The Government is spying on and intimidating reporters, with the DOJ going after those it perceives as enemies.
    Witnesses are being suppressed out of fear of government retaliation.
    The IRS has gone after conservative political groups, simply for being conservative.
    We have enacted insane regulations about who can say what, when, and with how much and whose money, when it comes to politics and elections.


By equating things which are not about rights and freedoms, to things which are, you weaken rights and freedoms, and make them more difficult to defend.

Freedom of speech means you have the right to say as you damn well please and the government can’t stop you or punish you for it (except in some very strictly limited ways).

It doesn’t mean that private persons or organizations have to publish you, support you, employ you, associate with you, provide you with a forum or an audience, or listen to you.

Freedom of speech does not mean freedom from consequence.

If you can’t back everything you say, and accept the consequences, then perhaps your problem is not one of lack of freedom, but of lack of courage.

“But… but… political correctness… thought police… BAD”


I never said that political correctness WASN’T a chilling force on freedom of speech and even freedom of conscience… Of course it is.

…But that is not the same as government using force against you because of it (though with “hate speech” and things like campus “speech codes”, we have to be very careful of that).

The problem with believing in freedom is that you have to believe in it for everyone, including people you don’t like, or whose ideas you don’t like, or who do bad things with it.

Private individuals and organizations can choose who they wish to associate with freely, and who they wish to support or oppose freely (or at least they are supposed to be able to).

That means both things and people that you like, and things and people that you don’t.

That means you can be fired for expressing yourself. It means you can be fired for your political and social views. It means you can be fired for your private behavior. It means you can lose your customers, your money, your reputation…

In fact, everything but your life, and your freedom.

A free society means we have to put up with that.

We don’t have to like it, but we DO have to put up with it.

And many of us actually have very little problem with it… so long as it’s aligned with THEIR personal beliefs.

Frankly, I don’t see very many “social conservatives” complaining very much when it’s “progressives”, gays, atheists, muslims, “perverts” etc… who experience negative consequences for their beliefs (admittedly, that is certainly not true of all. Some do decry all of this as suppression of free speech and freedom of conscience).

Most “social conservatives” aren’t complaining when church groups or conservative groups try to get certain things banned, or removed from libraries or schools, or have teachers, or school administrators, or abortion providers fired…

…because you don’t like their ideas or how they express them.

…Really, most anyone who you would identify as the enemy, or the “other side” or whatever other outgroup identification it may be…. seems it’s ok to you if THEY have to live with the consequences of their choices, actions, and words…

Most of you are only complaining when it’s happening to those you identify as YOUR ingroup, or for people whose opinions and ideas you agree with.

Again, not always, not everyone… but most.

The same of course is true of “the other side”… starting to see the point yet?

So really… What you’re asking for is not “freedom of speech”, it’s “freedom of speech that you like”, and freedom FROM both speech, and consequence that you don’t.

That’s not freedom. That exactly the same as “the other side”… you just like the opinions better.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

ACLJ Threatens Lawsuit Against Public School that Supports Muslim Missionary/Charity Efforts

The following, unbelievable story is happening in America of all places!

DEARBORN, MI This past fall, Emily Sanders enrolled her son Adam into Haigh Elementary School in Dearborn. Emily a devout Evangelical Christian is a single mom trying to make ends meet and faces additional challenges as a minority in a majority Muslim community. “I don’t normally let these kinds of [religious] differences bother me,” Emily said. “But when my child brought home a note from the school requesting a donation to a Muslim charity with an agenda to spread their faith with my tax dollars, I had to take a stand.”

The letter Emily is referring to one sent to all the parents from the school’s principal, George Ellis. Part of the letter read: “We are very proud to be part of this charity that provides hope to poor children of Somalia. Please send a care package (shoe boxes work great!) filled with toys, candy, coloring books, crayons, and other such goods along with a $7 check (to cover shipping) made out to Crescent Hope. We will be collecting these donations, Friday, December 5th during Eid al-Adha.”

Emily, being unaware of the Islamic holiday Eid al-Adha and the charity Crescent Hope at first shrugged it off. “Sending toys and candy to poor children sounds like a great thing at first glance but when I saw that there was more to this charity than this, the alarm bells started going off.”

The alarm bells were triggered primarily from a key section of text on Crescent Hope’s home page: “We provide spiritual and physical aid to the children of Somalia with the purpose of sharing the Prophet Muhammad’s message of hope and peace.” Further down on the home page reads: “[T]he children receive the packages, each complete with a pledge they are encouraged to sign that states that they agree to the statement: ‘There is no god but Allah and Muhammad is his prophet.’”

Upon reading this, Emily decided to take action by contacting the American Center for Law and Justice (ACLJ), a religious rights advocacy organization which primarily files lawsuits on behalf of Christians who have been victims of religious discrimination. The very next day, Emily was contacted by the ACLJ’s Chief Council Jay Sekulow. After about an hour long conversation with Emily, Sekulow promised to take action against the school.

On Wednesday, November 20th, Sekulow made good on this promise sending the school’s principal a cease and desist letter. After mulling over his options, Principal Ellis announced to the school children that the packages would be returned to the students and no other donations would be accepted adding: “It’s disappointing some meaningful efforts of our students were misinterpreted.”

Manahil Al-Asmari, mother of three students who attend Haigh Elementary had a typical response of many of the parents: “I don’t understand why the ACLJ wants to deny these gifts to these poor children. I mean the school wasn’t forcing any of the students to participate who didn’t want to participate.” Another mother who didn’t want to be named said: “This is discrimination against Muslims pure and simple! If this was for a Christmas toy drive, no one would bat an eye.” Her son agreed adding “This is the definition of bullying.”

Others such as the Dearborn Chapter President of CAIR, Aahil Muhammad is organizing a protest against the school’s decision. “Whether the Christians like it or not, this is a majority Muslim community and they are the minority. We shouldn’t be denied our religious freedom because the minority is offended by our beliefs. I should also point out that it was the student body who decided to support Crescent Hope and the administration supported that decision – at least until ACLJ came along.”

Outrageous isn’t it? The idea taxpayer funded government schools can be used as a vehicle to promote a religious agenda different than your own? Before you continue reading, think about what you are feeling at this moment. Is this right or should Emily have just respected the will of her community?
» Read more

Quote of the Day: Unequal Treaty Edition

For those of you who have not seen this yet, there is a really important debate about libertarian/conservative “fusionism” at Cato Unbound. Among the essays responding to the lead essay authored by Jacqueline Otto is Jeremy Kolassa’s essay entitled: An Unequal Treaty.

Here is one excerpt from his essay explaining why fusionism has failed to deliver more liberty:

In her opening essay, Jacqueline Otto makes several points about where libertarians and conservatives converge. But notice the elephant in the room: social issues. At no point in her essay does she write about gay marriage, drug legalization, civil liberties, feminism, or even foreign policy or immigration […]


For libertarians, this is a question of the individual’s right to rule his or her own life. That is, after all, what liberty is about. For a conservative, society to a great extent rules a person’s life. It is not always a question what the individual wants, but of what is right for the community. The community, in turn, is built on centuries-old traditions. Allowing gay marriage would break these traditions, which is why most conservatives are denouncing it as rampant immorality. Viewed in this light, conservatives are really just the other side of the progressive coin. Both put the community in charge.

As long as conservatives wish to use the machinery of the state to enforce their moral code, fusionism will be doomed and the so-called progressives will continue to prevail. Alliances with conservatives need to be formed but we libertarians can no longer accept this unequal treaty, as Kolassa describes it (and quite accurately, I might add).

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