Tag: Religious freedom

Church as “public accommodation”?

I knew the logic, so I figured it was coming. I even started writing this blog some months ago.

But I was surprised to see it arrive so soon.

On Wednesday, two Christian churches filed a lawsuit in Hawaii federal district court claiming that individuals who are planning civil union ceremonies have already filed complaints with the Hawaii Civil Rights Commission against churches that refuse to rent their facilities for same-sex civil union and marriage ceremonies. The complaint (full text) in Emmanuel Temple, The House of Praise v. Abercrombie, (D HI, filed 12/28/2011) claims that investigations launched by the Civil Rights Commission have a chilling effect on plaintiffs’ free exercise of religion. HRS Sec. 489-3 prohibits discrimination on the basis of sexual orientation in places of public accommodation.

(Religion Clause, emphasis added.) Continue reading “Church as “public accommodation”?” →

Are gay rights in conflict with religious freedom?

I began a few days ago to write about (a) whether there’s a conflict between the robust religious freedom we’ve known in the past and “the gay rights movement” and (b) whether the Obama administration is friendly toward the latter to the detriment of the former.

The piece sort of spun out of control. Things are just too interconnected. So I’m starting fresh, determined not to allow my modest objective to sink beneath the waves of “TMI” (too much information). Continue reading “Are gay rights in conflict with religious freedom?” →

CLS/Hastings update

The arguments were had before the Supremes yesterday, after my post and bold-if-not-foolish prediction.

Gordon Crovitz of the Wall Street Journal summarizes nicely here:

Presumably Gays & Lesbians for Individual Liberty do not share the CLS view of human sexuality. But they understand exactly where Dean Martinez’s logic is taking us.

“[U]nder Hastings’ forced membership policy, only majority viewpoints (or those viewpoints too banal to interest the majority) are actually assured a voice in Hastings’ forum,” argues their brief. “That is a patently unreasonable way to ‘promote a diversity of viewpoints.'”

Sadly, it appears that this is shaping up in the popular press as a case about the legal status anti-gay bigotry if religiously motivated. Few in the press note that the CLS sexuality standards bar from office unrepentant straight fornicators as well as unrepentant gay fornicators.

As well it should: so far, the sexual revolution and no-fault divorce have done a heckuva lot more damage to the formation of Christian consciences and the institution of marriage than has the gay rights movement.

Christian Legal Society and Hastings Law School

Not surprisingly, the New York Times editorial on todays hot Supreme Court ticket gets it wrong, starting with the facts. But the Washington Post gets it right, influenced, I assume, more by Jonathan Turley’s analysis that by Newt Gingrich’s epithet-laden call to arms.

The New York Times is factually wrong, as I understand it, that the Christian Legal Society Hastings Chapter “bars non-Christian and gay students.” CLS allows all students to attend meetings, but CLS bylaws barred non-Christians, gays and non-celibate heterosexual students from serving as officers or voting members. Even on its sexual standards, it recognizes human frailty: students, gay or straight, who lapse into unchastity are allowed as members and officers if they’re repentant. It’s those who reject the virtue of Christian chastity who are excluded.

Moreover, religions typically are exclusive. The Hastings policy in effect prefers non-exclusive religions (e.g., Unitarian Universalism – though I recall a debate even there about whether a pagan polytheist can style himself Unitarian – the “belief in, at most, one God”) over typical religions, despite the Constitutional requirement of neutrality of government between religions.

This is the slippery constitutional slope down which government starts the slide when it exalts faddish and undiscerning equality (by undiscerning, I mean disregarding relevant distinctions; I’m not intending to promote invidious discrimination) over explicit mandates of the Bill of Rights.

I believe that the government itself should not discriminate on irrelevant bases, and that sexual orientation, for instance, is generally irrelevant. But it is a much different matter, it seems to me, for government to fund things with tax dollars but require as a condition of funding that recipients not discriminate, however nonviolently, based on matters that are relevant within the logic of the recipient’s associative purposes. The controlling principal in funding, I believe and predict, is that of the Supreme Court’s “Rosenberger decision in 1995, after the school refused to pay for publications for religious organizations on campus: Fund all or none.” That quote, from Jonathan Turley’s discerning column, gets to the heart of the matter.

By the way, this dispute reminds me of a maxim that I believe I coined a few decades ago: In a regime of strict separation of Church and State, when government gets bigger, the Church is forced to get smaller. That’s why as a life-long Churchman (who has, however, switched Churches) I’m biased against big government.

Three additional matters that I don’t think qualify as an update (I simply failed to mention them although I intended to):

  1. The possibility that making sexual orientation a protected class would eventually lead to denial of tax exemption to religions that do not countenance unrepentant homosexuality has long been a powerful argument to me, based on the Bob Jones University tax exemption decision (mentioned in Jonathan Turley’s column), and Turley recognizes the power of that argument in his final paragraph or two or his column.
  2. Hastings law school will no doubt attempt to rely on the case Employment Division v. Smith, which abandoned a precedent of moderate duration in favor of the rule that laws may legitimately impinge on the free exercise of religion provided they are neutral laws of general application – a surprisingly difficult test to meet (some powerful group generally lobbies for an exemption, which prevents the law being “of general application”). Hastings will argue that its nondiscrimination policy applies to every student group seeking funding. I still think the “fund them all or fund none” principle will prevail. Denial of funding because of a belief nonviolently applied is much different than generally banning a particular behavior regardless of the motivation.
  3. For almost 25 years, I was a member of the Christian Legal Society. I stopped renewing my membership finally when I realized that CLS was pervasively Protestant. Although they accept as members Orthodox and Catholics who can subscribe their doctrinal beliefs, as could I, I simply was not being “edified” by their distinctive “take” on things.

Conscientious Objector to the Culture Wars

(This may be the most controversial and polemical thing I’ve posted. I’ll tell you in advance, and in conclusion, that I’m disinclined to be dogmatic about most of it. Your mileage may vary.)

* * *

One of the minor irritants in my life is Franky Schaeffer. I’ll go long spells without thinking of him, and then I get a catalogue from his publishing company, or maybe he pops up in the news (having once again found limelight). And I seethe.

But lots of people love limelight. Why does he, of all people, irritate me? Probably because his life is so parallel to mine, through all the twists and turns.

  • Evangelical: Check.
  • Produced the movie Whatever Happened to the Human Race; watched the movie as a turning point.
  • Now Orthodox: Check.
  • Religious Right activist: Check.
  • No longer Religious Right activist: Check.
  • 60-something years old: Check.

But he’s too strident and angry. He’s sort of a Christian James Howard Kunstler (another approximate contemporary of mine) but without Kunstler’s ubiquitous F-Bombs. Kunstler acknowledges that his speeches are a form of theater (listen to Kunstlercast #103 here); I think that’s true of Schaeffer, too, though he’d probably deny it.

I sense, too, that my reasons for dropping out of the culture wars are different than Schaeffer’s. I sense that partly because he seemingly just changed sides, now inveighing against his former friends, writing screeds, kiss and tell books, dubious fiction (his Calvin Becker fiction trilogy was quite calculatedly ambiguous about the extent to which it was autobiographical), paranoid apologies for Barack Obama, and sucking up to media personages who call him things like “a former leader of the anti-choice movement.” (They just love to get some sound-bites from an angry ex-whatever.)

But I really dropped out because:

  1. The culture wars are unwinnable on the present terms.
  2. I suspect that the strident tactics make most things worse rather than better.
  3. I don’t really trust my former allies.
  4. I don’t really trust the candidates we’re supposed to vote for.
  5. I still don’t trust my former adversaries.
  6. If I’m a prominent culture warrior, it will spill over harmfully into other areas.
  7. Maybe I’m just a worn out old hippie pacifist.

1. The culture wars are unwinnable on the present terms. We may get a majority vote for the “right” side on this issue or that, but that will not end the war. There will be other battles. There will be guerilla warfare. There will be no peace, and there’s only a minimal chance for the “Right” to win. Not until the Right’s own culture changes.

Changing culture is the work I’m about now – feeling my way rather than barreling ahead. That’s much subtler work than culture war. I’m not sure how good I am at it. But I’m convinced, to take just one Culture War example, that we won’t stop abortion until we change the toxic combination of unchastity and avarice that gets women pregnant and then justifies aborting the innocent child to maintain prosperity (greater or lesser).

The Right is not with us on that. Fox Radio recently aired an ad, between Glen Beck and Bill O’Reilly, for an online service for married men seeking adulterous affairs. (I didn’t hear it, but read about it from someone who didn’t note the incongruity of this appearing on a putatively conservative news source.)

Whaddya think? I’m betting that the ad wasn’t there for the 13 liberals who were eavesdropping on Fox that day, but for the red-meat, red state regulars.

TownHall.com syndicated columnist pages every day have ads for “conservative” slogan t-shirts draped on attractive young lasses, selling conservative politics, like everything else, with sex. Today there’s a sexy avatar for some video game, too. It’s all a racket.

This could as well go under the caption “I don’t really trust my former allies.” But on present terms I think the idiocy of modern pseudo-conservatives belongs in this “unwinnable” category, if only because their position on the sexual side of the culture wars seems to be “anything goes, so long as it’s not gay.” That’s a losing position long-term as well as being a sign of untrustworthiness.

2. The Culture Wars are unwinnable on present terms partly because stridency and contempt beget stridency, contempt and alienation.

Whichever side of the Culture Wars you’re on, think about the fundraising letters you get. Are you edified by their tone? Do you appreciate the sober, educational emphasis? Do you find yourself walking away with something of substance to ruminate on?

If so, I’ve got bad news for you: you’re an idiot. (Shall I write that slower? You. Are. An. Idiot.)

The groups who used to send me fairly sober letters have gone strident. The groups that used to send me strident letters are now frothing at the mouth. And I’m sure the other side is doing the same. Shrill is the new green.

I don’t care who fired the first volley. That’s lost in the mists of history like the instigation of the Hatfields versus the McCoys. I’d like the shooting to stop. I’d like artificial divisions to end. I suspect there’s more common ground than either side presently will admit because of how things have been framed. Let’s tone it down a bit and then explore what the real divisions are. The more we insult the other side, the more we paint both sides into corners from which dialog, let alone truce, is impossible.

3. The culture wars are unwinnable on the present terms, too, because there’s darned little difference between the two sides on some of the deep presuppositions.

They’re both, ironically, secular. One side is secular because they don’t believe in any divine rules. You know which side I’m talking about. (Hint)

The other side – my side – is mostly secular because they functionally believe that God’s only presence in the world is His rules. They “honor” Him by keeping his rules – sort of the way a rank amateur “paints” by number. That’s why I don’t really trust them. The tranformative significance of the Incarnation: God the Son, Who took on our flesh forever – qui sedes ad dexteram patrem (who sits at the right hand of the Father) in resurrected human flesh – is lost on them. God is up to something more than commandment monitoring and forgiving transgression of the commandments. The incarnation changes everything.

“Love God and do as you will” would strike them as modern relativism. They’re very anti-relativist. Except on Ecclesiology. Then they’re apt to utter Babbitry like “Isn’t it swell that there’s a church for every taste!”

At the other end from the relativist “conservatives,” there’s a Protestant Church in my home town that produces a disproportionate share of Religious Right activists. Several of them have been elected to public office. But they’re theonomists, or more specifically Reconstructionists. If they had their way, there would be 18 Old Testament Capital Crimes in our law books – including sassing parents. They’d shut down my Church and desecrate its icons. They might, for all I know, execute me for one of those 18 capital offenses for the icons in my home prayer corner.

“And what more shall I say? For the time would fail me to tell of …” the folks I encountered who dreamed of kingdoms, feigned righteousness, broke promises, shot off their mouths, tried to set fires, escaped the edge of euphemisms …. (Cf. Hebrews 11:32-34) These are the folks with whom I’d be a “co-belligerent” (Francis Schaeffer’s coinage to distinguish temporary and unreliable political friends from reliable “allies”) were I to continue in the culture wars. And they outnumber many-fold any well-formed Christians of historical and liturgical bent.

We Orthodox have been here before. After the attempted union with the Roman Catholic Church at the Council of Florence (see also here), the Orthodox decided they’d risk rule by Sultan over rule by Pope.

That is not a throw-away line: I’m not so sure a secularist regime would be worse than what Christian Reconstructionists would bring upon me and my fellow Orthodox Christians that I’m willing to be bedfellows with Recontructionists.

4. In the current terms of the Culture War, the highest form of involvement, other than sending money in response to strident or frenzied letters, is to vote for Republicans. Any Republican.

In 2000 and 2004, it was Dubya. He was, we were told, a good Evangelical Christian. He cited Jesus as his favorite philosopher. He talked about America walking humbly in the foreign policy world.

Then 9-11 came, and he turned into a fierce Commander In Chief. And, oddly, Imam-In-Chief, as he assured us that “true Islam is a religion of peace.” (Well I’m glad he cleared that up!)

And then came, too, the second inaugural, when he declared as U.S. policy the eradication of tyranny from the world and the planting of democracy. If you don’t understand how delusional that is, read it again: eradicating tyranny from the world. As national policy.

Many Religious Right figures in 2008 backed Mitt Romney, Mormon and heir of a 50s moderate Republican, George Romney. Mitt was, deep down, one of us – despite his left-leaning administration as governor of Massachusetts – they assured us. Now they’re pushing Sarah Palin, about whom I’ll not say much except that I do not now support her and see no sign that she has the goods to gain my support later. (I don’t even think she’s all that “hot,” for whatever that’s worth.)

I’m not gonna play Charlie Brown the placekicker to the GOP’s Lucy Van Pelt any more.

5. I still believe pretty much what I believed before on what makes for good living and a just society. I’ve even kept a hand in the debates by writing letters to the editor on a few hot-button issues. Those letters are far less demonizing of the opposition than the sort of letters I used to write. But I check the online comboxes and see that the other side has no lack of equally-but-oppositely mad partisans of its own, leveling vitriolic attacks on me, no matter how reasoned my argument, just because I reach conclusions they don’t like.

But even at more elite levels than smalltown cyberpaper comboxes, I’m still convinced that the other side is untrustworthy. One occasionally will catch one of them committing candor, as has Chai Felblum of Georgetown law school. Imagine a constitutional case with this issue:

Whether the inferred right to marry a member of the same sex, which is inferred from the right to engage in homosexual sodomy, which is inferred from the right to privacy, which is inferred from penumbra of he 4th, 9th, 10th, 14th and other consitutional amendments, is of sufficient constitutional gravity to warrant compromise of the explicit constitutional command against laws prohibiting the free exercise of religion?

Chai Feldblum would answer “yes.” I’m not making up her response (though I did make up the highly tendentious – but brutally accurate – faux issue statement). I appreciate her candor.

But her candor tells me that there’s no home for me in the left where Frank Schaeffer has seemingly pitched his tent.

The Orthodox Wedding service includes, for just one example, “grant unto these Your servants …a peaceful life, length of days, chastity, love for one another in a bond of peace, offspring long‑lived, fair fame by reason of their children, and a crown of glory that does not fade away.” You can’t pray that with integrity over a same-sex coupling, whatever you might think of it otherwise.

So while the Chai Feldblums of the world might not smash my icons like the Reconstructionists, they’ll soon enough take away my Church’s tax exemption, or otherwise put on the squeeze, because they’ll consider us a hate group for continuing the two-millennia-long practice of connecting marriage to procreation.

6. If I’m a prominent culture warrior, it will spill over harmfully into other areas of life. I was reminded Sunday how diverse my parish is. We have Romanians and Russians who were born, or even came of age, under communism. We have Greeks who think that 2nd Amendment mania is barbaric (in at least one case with justification that I can’t gainsay – a family member gunned down in cold blood by someone who went postal). We have young people and middle-aged academics who lean left. We have demographically unknown visitors most Sundays. I have something to learn from some of them.

Just as I don’t want someone to ask me “why are you here since you’re not Greek?,” I don’t want people of Right-leaning disposition to come up to me at Church and make some dismissive remark, which they assume I’ll find hilarious or profound, about a Left-leaning idea that may be held by another parishioner within earshot. I don’t want there to be ethnic, racial, socio-economic or political barriers to people. Political trash talk about trifles at Church is apt to drive people away though we have a faith in common and should be together on Sunday.

7. Maybe I should try a bit more empathy. Maybe I’m not angry because, unlike Frank Schaeffer, I have a day job, with a comfortable living, and don’t have to raise a fuss to sell my newest book. Maybe a brain or personality disorder prompted Franky to call Barack Obama’s election “miraculous” and to prophesy epochal political healing on Obama’s watch.

Maybe Frank’s suburban Boston parish (I think he’s in Brookline, Michael Dukakis‘ hometown) has a leftist litmus test and he caved in. Or maybe he’s rebelling against his upbringing in neutral Switzerland as I declare myself a Swiss-like neutral in the Culture Wars.

Or maybe I’m not angry, by and large, because I’m a child of the 60s, a former Conscientious Objector to conventional war, and now old enough that I’m kind of tired of fighting of all sorts – worn out, if you will. Maybe we really need young, testosterone-crazed Christian guys (and gals crazed by whatever crazes women) who still are eager for a fight. I see my role as one to ask questions of any such young hotheads from the perspective six decades gives. Such as the ones implied by what I’ve just written.

* * *

So who am I hangin’ out with these days if not with the Alliance Defense Fund and the acolytes of R.J. Rushdoony? Check the bloglinks to the right* – Especially Front Porch Republic (“Place. Limits. Liberty.”), Distributist Review  (guardedly). Small Is Beautiful has taken on new meaning for me. (My benighted generation got a few things right before we sold out or got complacent – and appreciating E.F. Schumaker was one of them).

I can’t even rule out Father Stephen. Nothing he writes is “about politics,” but everything he writes is about sane, human and humane living, which surely connects up somehow.

Basically, I’m going back and rethinking all things political and cultural. I’m wisdom-hunting. I read Wendell Berry essays and poetry, Bill Kauffman books, Russell Kirk’s Conservative Mind, Matthew Crawford’s Shop Class as Soulcraft, Scott Cairns’ Poetry, W.H. Auden (“For the Time Being” is now on my list for every Advent).

My conversion to Orthodox Christianity started it in a way. I soon realized that the Church has not always prevailed, and has produced martyrs in every century. And that’s okay. Better we should lose honorably than win by selling our souls.

  • (Note: When I changed my blog theme, the sidebar went away and anachronistically renamed my blog, which was “Tipsy Teetotaler” when this was written.)