In the year 2015 there are many good reasons to protest: police brutality, injustice, the war on (some) drugs, the war on (some) terror, etc. One thing from Martian Luther King Jr.’s legacy that seems to be lost and something we should rediscover is the art of the peaceful protest and civil disobedience.
King understood that for positive change to occur, he had to truly win the hearts and minds of his fellow Americans. Being a positive example by showing the world that he and his followers would take a stand against injustice without resorting to violence was even more important than the words he spoke to that end. Certainly, not everyone believed in using the non-violent approach. Malcolm X and the Black Panthers believed that violence was necessary to achieve their shared goals.*
Who was right?
Personally, I find the pictures and the videos from the non-violent protests and the acts of civil disobedience to be far more compelling. There’s just something about seeing people refusing to act in a violent fashion against the state which inherently IS violence. This has a way of changing hearts and minds.
Contrast this with today’s protests in Ferguson, New York, and elsewhere concerning the police. For the most part, the protesters are peaceful and are using tactics which King would likely be proud. Unfortunately, however; it’s the nasty protesters that are violent, incite riots, or cheer at the news of cops being ambushed which receives far too much of the publicity. Even holding up signs like “The only good cop is a dead cop” or “fuck the police,” though certainly permissible as recognized by the First Amendment, turns people off who might otherwise be sympathetic to one’s cause.
Sadly, it’s not just a few misfit protesters who think that aggression is sometimes warranted to get one’s way. No less than the pope himself last week in the wake of the Charlie Hebdo terror attacks said: “(If someone) says a curse word against my mother, he can expect a punch. It’s normal. You cannot provoke. You cannot insult the faith of others. You cannot make fun of the faith of others.”
The leader of the same Catholic Church which normally advocates finding non-violent solutions to conflict (such as the Just War Doctrine) says that because someone says something offensive about one’s parents or faith it is permissible to use violence against that person! People’s feeling are more important than the concept of free expression.
I’m not interested in living in a world where I cannot insult the pope or his religion nor do I want to live in a world where the pope cannot insult me or my atheism. The world I am interested in living in is one where we can have passionate, even hurtful disagreements without fearing physical harm to my family, my friends, or myself.
Let us all rediscover the art of peaceful protest and civil disobedience on this Martian Luther King Jr. Day.
Opponents of gay marriage have consistently predicted that legalization of gay marriage would force churches to perform the ceremony. Supporters have said that this was highly unlikely, and not the intent of legalizing gay marriage.
It appears the first shots have been fired in this fight, and it’s an extremely interesting case. As usual, in a case like this, hyperbole is flying FAR ahead of knowledge, so I’ll do my best to give you the whole picture. Hyperbole aside, the Alliance Defending Freedom–who I’m somehow now linking twice in a week?–gives a pretty solid summary:
The Hitching Post Wedding Chapel is across the street from the Kootenai County Clerk’s office, which issues marriage licenses. The Knapps, both in their 60s and who themselves have been married for 47 years, began operating the wedding chapel in 1989 as a ministry. They perform religious wedding ceremonies, which include references to God, the invocation of God’s blessing on the union, brief remarks drawn from the Bible designed to encourage the couple and help them to have a successful marriage, and more. They also provide each couple they marry with a CD that includes two sermons about marriage, and they recommend numerous Christian books on the subject. The Knapps charge a small fee for their services.
Coeur d’Alene officials told the Knapps privately and also publicly stated that the couple would violate the city’s public accommodations statute once same-sex marriage became legal in Idaho if they declined to perform a same-sex ceremony at their chapel. On Friday, the Knapps respectfully declined such a ceremony and now face up to 180 days in jail and up to $1,000 in fines for each day they decline to perform that ceremony.
First, of course, we need to make an assumption. The assumption is that anti-discrimination laws are just and good and necessary. There are many areas within libertarianism in which this comes into question. I do not intend to cover that here. As a result, we get into questions of competing rights regarding access to a “public accommodation” vs the Free Exercise protection of the First Amendment.
An example. If you own a restaurant, serving the public, and refuse to serve a married same-sex couple because their lifestyle offends your religious beliefs, you’re pretty clearly in the wrong. Why? Because your religious beliefs are not central to the service you perform. If you are a conservative Christian wedding cake maker or a wedding photographer who refuses to provide services, you’re also legally in the wrong. Operating a camera or baking a cake is not an inherently religious act. Barring services impedes a same-sex couple’s access to a public accommodation MORE than it impedes your right to Free Exercise of your religious beliefs.
When it comes to performing marriages, however, this changes. For example if you are a same-sex couple who wants to force the Catholic Church to host your wedding, you’re out of luck. In that case the religious purpose of the institution is key. It is clearly a religious institution for which performing marriages is a sacred rite, and you don’t have the right to force them to officiate marriages contrary to their sincerely-held religious beliefs. As a result, the Coeur d’Alene statute does have an exemption for religious institutions.
So where does the Hitching Post sit? Here’s where it gets complicated. Are they a “public accommodation” because they’re primarily a business, not primarily a church, performing marriages for a fee? Or are they primarily a ministry advancing the teachings of Christ through the marriages they perform, and should be exempt from Coeur d’Alene’s law based on the religious exemption. I’m 50 pages into ADF’s lawsuit, and I’m having a hell of a time figuring it out.
For example, even the facts asserted in the lawsuit suggest that the Hitching Post is primarily a business, situated where it is in a very opportunistic location out of convenience.
72. This current location is 524 N Government Way, Coeur d’Alene, Idaho.
73. In this location, the Hitching Post Chapel is approximately 300 feet from the Kootenai County Clerk’s office.
74. The Hitching Post Chapel and the Kootenai County Clerk’s office are located on the same street.
75. The Kootenai County Clerk’s office issues marriage licenses.
76. A person can walk from the Kootenai County Clerk’s office to the Hitching Post Chapel in roughly 1 minute.
77. Couples often do precisely this. They get their marriage license from the Kootenai
County Clerk’s office and walk across the street to wed at the Hitching Post Chapel.
78. Because the Clerk’s office is so close by, the Hitching Post Chapel is a very convenient and popular spot for couples wanting a wedding service.
79. Roughly 50% of Hitching Post customers come to the Hitching Post Chapel on the same day they receive their marriage license from the Kootenai County Clerk’s office.
Having been married in the Catholic Church myself, I can tell you that nothing I’ve read in the facts of this lawsuit suggest that the ministry offered by the Knapps is anything like the excruciating Engaged Encounter my wife and I had to sit through! And the 12-minute ceremony on youtube officiated by the Knapps doesn’t seem to carry the mass of the 1 1/2 hour Mass at our wedding…
Nor, IMHO, are they helped by the fact that they’re doing 1400 weddings a year, and don’t seem to offer any other religious ministry outside of the ceremonies they perform. They limit officiation of weddings to only themselves, but one can suggest that this is done to ensure their site is not used for same-sex weddings. They certainly don’t seem to have any issues officiating the weddings of other faiths:
Then, the Employee Policy specifies the following Rules and Regulations:
• Only the Hitching Post owners and employees may perform wedding ceremonies at the Hitching Post Chapel and other locations scheduled by the Hitching Post. Outside ministers may not perform wedding ceremonies at the Hitching Post Chapel or other locations scheduled by the Hitching Post. Brides and grooms may not invite outside ministers to perform such ceremonies. Outside ministers may come and stand alongside the Hitching Post owner or employee who performs the wedding ceremony. But only the Hitching Post owner or employee may perform the ceremony.
• In accordance with the religious beliefs and ministerial vows of the Hitching Post owners, Hitching Post owners and employees will perform ceremonies for those of different faiths and religious beliefs (so long as those marriage ceremonies are consistent with the beliefs set forth herein) because marriage is a common grace and creational gift bestowed by God upon all humans for the benefit of human society.
One can imagine that a same-sex couple bringing their own officiant [while still paying the Knapps full price] would not substantially burden the Knapps’ religious Free Exercise, but as you can read, their own policies ensure that this is not acceptable.
On the opposite side, the fact that they DO only perform the marriages themselves, and specifically DO provide quite a bit of Christian-oriented material to the couples they marry (see pages 28-31 of the lawsuit). I do honestly believe their religious beliefs are sincerely-held. I do believe they view their business as doing the Lord’s work, as their ministry to the world.
That’s why this is so hard. The question is not whether churches can be forced to perform gay marriages, but the degree to which certain businesses are religious or non. Coeur d’Alene city attorney Warren Wilson, while arguing that the Hitching Post probably falls under the “public accommodation” designation, had this to say:
“I would think that the Hitching Post would probably be considered a place of public accommodation that would be subject to the ordinance.”
In Washington, no clergy person is required to marry a couple if doing so would violate the dictates of their faith tradition. Idaho does not have a similar exemption in place, but religious entities are exempt from the Coeur d’Alene ordinance, so pastors in the city are not obligated to perform same-sex weddings. But any nonreligious business that hosts civil ceremonies would fall under the city law, Wilson said.
Is the Hitching Post a religious entity, or is it a non-religious business? I have a feeling it’s going to come down to under what circumstances they’ve turned away traditional couples based on other violations of their Christian beliefs. If they have a history of turning away open atheists, or turning away Muslims, or perhaps frowning on Christian/Muslim unions, they may have a leg to stand on. In that case, they can show that they’ve turned away opposite-sex couples (and their dollars) based upon the sincere religious nature of their business.
But if they’ve got a history of taking money from pretty much any opposite-sex couple that walks through the door and it’s only the gays that they turn away, I think they may be considered a public accommodation. Even then, they have an extrajudicial way out. If they do allow same-sex couples to bring their own officiant, they would thereby be excluded from having to do the specific act (solemnizing the wedding before God), which I think many courts would view as not substantially burdening their Free Exercise.
So what does this all mean? It means we’re probably in for a very long, protracted legal battle. If this goes to a judge for ruling rather than some sort of settlement or extrajudicial recourse, it’ll probably be decided on grounds VERY unique to the specifics of the Hitching Post and their history of exerting their religious will vs acting like a for-profit business, and not on the wider legal issue of discrimination in general.
What does that mean? It means that this case will probably be useless when it comes to deciding future precedent, and will be highly technical. Of course, that won’t stop whichever side loses from considering it the end of their world.
The Westboro Baptist Church seems to be deadset on creating a gospel based on an ideology of high school populism, picketing all those who would have been outcasts during their teenage years. First it was “God Hates Fags” at the funerals of fallen military men and women and now it is the more comical and less sickening “God Hates Nerds” outside of the San Diego Comic Con.
Here is their bizarre rational:
They have turned comic characters into idols, and worship them they do! Isaiah 2:8 Their land also is full of idols; they worship the work of their own hands, that which their own fingers have made…
The destruction of this is imminent – so start calling on Batman and Superman now, see if they can pull you from the mess that you have created with all your silly idolatry.”
Honestly, that rhetoric sounds an awful lot like the reasoning for no artistic rendering of the Prophets (which, taken to a strict theologically consistent route, should actually forbid renderings of Jesus and Abraham in addition to Mohammed) by many Islamic scholars.
There are serious concerns about radical Islam and political Islam as a movement. It’s something we should be seriously conscious of. I’ve written about this extensively here at TLP.
Given that, there is a very, very fine line between critiquing the retrograde nature of radical Islam and outright xenophobia. I honestly find it hard to discern this line myself, since I am fully ready to call out efforts by Christians, Muslims or any other group to insert religious dogma into politics. Wherever that line is, it is more than readily apparent that many who are protesting the building of a mosque near Ground Zero in New York have crossed it.
There’s a part of the constitution that I’m especially fond of. It’s called the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The “free exercise thereof” doesn’t just mean free exercise of Roman Catholicism, the faith of mosque critic Newt Gingrich, or Lutheranism, the denomination of Michelle Bachmann, another critic. It counts for Muslims, Jews, Christians, Buddhists or Hindus.
Celebrity gaffes can seem fairly meaningless. Celebrity behavior is normal human behavior: from pistol whipping (Eminem) to drug addiction (Robert Downey Jr.) to weird familial marriage (Woody Allen), the sort of human transgressions that would be at most private gossip among civilians becomes the world’s top news.
Given that, I think there is an underlying political importance to Mel Gibson’s continued episodes of hate. I don’t think Mel Gibson is just an eccentric, angry actor in the way Russell Crowe is. I think he and his father follow a continuous line of political thought that starts as far back as the Middle Age persecutions, moves toward Adolf Hitler and his stateside apologists and ends up at the like of David Duke, Pat Buchanan (coincidentally, or perhaps not, a Traditionalist Catholic fellow traveler of Hutton Gibson and his son who continues to appear on MSNBC despite having published a pro-Hitler revisionist screed), the Muslim Brotherhood and Mahmoud Ahmadinejad. (Lines of political thought are a really good way of assessing your own political beliefs and making sense of the chaotic political spectrum. Generally speaking mine follow the line of Leon Trotsky, George Orwell and on toward Christopher Hitchens.)
It would be one thing if Gibson’s rough rhetoric were a personal problem. Unfortunately his father shares it:
In his interview on WSNR radio’s Speak Your Piece, to be broadcast on Monday, Hutton Gibson, argued that many European Jews counted as death camp victims of the Nazi regime had in fact fled to countries like Australia and the United States.
“It’s all — maybe not all fiction — but most of it is,” he said, adding that the gas chambers and crematoria at camps like Auschwitz would not have been capable of exterminating so many people.
“Do you know what it takes to get rid of a dead body? To cremate it?” he said. “It takes a litre of petrol and 20 minutes. Now, six million of them? They (the Germans) did not have the gas to do it. That’s why they lost the war.”
Gibson’s homoerotic sadomasochistic torture flick The Passion of the Christ can be found in evangelical households across America, watched as frequently as geeks re-watch Star Wars. Watching Gibson’s film is a constant reinforcement of anti-Semitism; the film portrays the Romans as a helpless bureaucratic body that is forced in to crucifying Jesus Christ in order to appease bloodthirsty Jews. Gibson’s portrayal of the Jews is a narrative as old as Christianity itself and played no small role in their historical persecution.
In that film, Gibson wasn’t just channelling his own madness. Despite the pretty overwhelming support of the worst elements of Israeli messianism, American evangelicals, devout Catholics and other stringent followers of Jesus of Nazareth are not without strong shades of anti-Semitism. (After all, they don’t believe in the savior!) Jerry Falwell was known for making crass jokes about the fiscal habits of Jews while plopping out gems like “The Jews are returning to their land of unbelief. They are spiritually blind and desperately in need of their Messiah and Savior.” In a public spat with his friend and the very intelligent religious/political commentator Dennis Prager (who is also Jewish, as it happens), Little Green Footballs blogger Charles Johnson was able to get Prager (who has done no small act in addressing anti-Semitism) to admit that Pat Buchanan and other elements of the Right are anti-Jewish.
When you hear about Gibson accosting a Jewish police officer or hear a tape of him ranting about how his wife will get “raped by a bunch of niggers” or rallying against “wetbacks,” you’re not just hearing a crazy person. You’re hearing the sick, intolerant, tribal and morally vacant core of Christianity.
