|
|
|
|
November 21, 2006
Is religious speech more protected than free speech?
I'm glad to see that a student whose free speech rights were trampled upon by a professor has won her case against the university: SPRINGFIELD, MO, November 14, 2006 (LifeSiteNews.com) - Emily Brooker, a student in the Missouri State University's School of Social Work, sued the university after being punished by a professor for refusing to lobby in favour of homosexual adoption. Only weeks after launching the suit, the university has settled out of court and disciplined the professor in question.WorldNetDaily has more, but the case is not attracting a great deal of MSM attention. The professor's conduct in trying to force Brooker to sign a statement she disagreed with was outrageous. Wendy McElroy had an analysis of this case before the decision was announced, but it seems to me that something is being taken for granted: The ADF, a Christian legal group that advocates religious freedom, accuses tax-funded MSU of retaliating against Brooker because she refused to sign a letter to the Missouri Legislature in support of homosexual adoption as part of a class project.There's no question that her First Amendment right to free speech was violated, but I don't see the freedom of religion issue in quite the same way. Is there a clear issue of freedom of religion? According to McElroy, it comes down to this: Gay adoption violated Brooker's Christian beliefs. I'm curious about the theological perspective. How might allowing homosexuals to adopt children violate Christian beliefs? I realize that Leviticus condemns the act of a man lying with a man like a woman (but not a woman lying with a woman) as a sin, yet that is certainly not the only sin listed in the Bible. For starters, there are the sins listed in the Ten Commandments. I'm no theologist, but according to Christian doctrine, aren't all human beings supposed to be sinners? Unless there is something inherently more sinful about homosexuality (perhaps the concern is with the unrepentant nature of open homosexuality), I think it's fair to ask just where in the Christian doctrine is the tie-in to adoption found? If breakers of the Sabbath, makers of graven images or liars are not barred from adopting, from where derives any biblical view that only homosexuals are? Just curious. I think Emily Brooker is absolutely within her right to oppose homosexual adoption, and I'm glad she won her case, but I don't see how her religious views inbue her opinion with any more protection than anyone else's. But if we assume that that her views are more protected because they are religious in nature, that begs the question of what they are. (Had the professor attempted to compel her to assert that homosexuality was not a sin and that Leviticus was wrong, it would be more clear to me.) Are atheists who refuse to sign letters in support of gay adoption less worthy of protection? Let me switch to the less inflammatory issue (well, less inflammatory for now) of eating pork. Certainly, no one has the right to compel anyone to eat pork, and compelling a person to eat pork in violation of his religious views would violate his First Amendment rights (plus a lot of other rights). While compelling someone to be in the presence of others who ate pork might violate the right to free association, could it be seen as religious discrimination? Absent a religious prohibition on associating with pork-eaters, I don't see how. It seems only fair to me that people making claims based upon freedom of religion ought to be able to explain how their religious freedom is being curtailed. So, while it is wrong to force anyone to sign a petition in favor of the right of pork eaters to adopt, I don't see how even those who refrain from pork for religious reasons can say that advocating adoption by pork-eating parents violates their religious beliefs. I know I sound picky, but I think some of these folks are just plain fudging. posted by Eric on 11.21.06 at 01:26 PM
Comments
Eating poork only affects you. In the Old Old days, the prohibition protected you against trichinosis, without have to explain all that stuff about bacteria. Adoption by homosexuals affects the child, perhaps permanently. Ric makes a good point about driver's license photos. In Florida a few years back, a lady tried that. The way I look at it is, in this country's history, only outlaws wear masks. (Except, of course, for the Lone Ranger, but everybody knew he was one of the Good Guys.) ZZMike · November 21, 2006 02:59 PM Well, Catholic teaching is that a child deserves a mother and a father, and that's pretty explicitly spelled out in the Catholic catechism. A child has a "right to be born of a father and mother known to him and bound to each other by marriage." The thinking is also that God's intent is for a man and a woman to come together and create life, each makes a unique contribution to the marriage and to the family. miss kelly · November 21, 2006 06:02 PM "I'm curious about the theological perspective. How might allowing homosexuals to adopt children violate Christian beliefs?" This one is not clear, but there may be some linear logical pathway. I suppose that more conservative Christians believe that "parenting and rearing" of a child by an unmarried couple acting as if they were married...might offend their sensibilities. Since homosexuals can't marry, they automatically fall into the same category as "adulterers". Since "living together" offends them...it doesn't matter about the sexual orientation after that. This probably skirts the issue of what really lies beneath the aversion, homosexuality offends their sensibilities anyway. But, this issue is not as "gay" bashing wholly and solely as it is at least partially (perhaps even minimally) "non-married couples" bashing. Kids should START with a married mom and dad...or so the emotional/religious debate goes. Divorce, separation and death may change that, but it's the "ideal". "I realize that Leviticus condemns the act of a man lying with a man like a woman (but not a woman lying with a woman) as a sin, yet that is certainly not the only sin listed in the Bible. For starters, there are the sins listed in the Ten Commandments." Yet, in some sects of Christianity there are mortal sins and cardinal sins and venal sins. If you tell a lie, that is fundamentally different than if you commit murder. I think most Christians would probably be a bit hesitant to have murderers freely adopting children, but you can't get off the church steps without somebody lying about something in some parishes. This is a bit like Olympic scoring in diving or gymnastics. Depending upon the individual judges, the "degree of difficulty" and how they view the event...the score goes up or down. For those Christians who even continue to view homosexuality as a "sin" against the Creator's intentions...the score is anywhere from very low to very high. This is not a static issue, where one could or should expect uniform results. "I'm no theologist, but according to Christian doctrine, aren't all human beings supposed to be sinners? Unless there is something inherently more sinful about homosexuality (perhaps the concern is with the unrepentant nature of open homosexuality), I think it's fair to ask just where in the Christian doctrine is the tie-in to adoption found? If breakers of the Sabbath, makers of graven images or liars are not barred from adopting, from where derives any biblical view that only homosexuals are?" "Honor thy Mother AND Father"? Thou shalt not commit adultery? Possibly, but a bit far-fetched perhaps. It's not in the Ten Commandments any more than the separation of church and state is in the Constitution. It's subsumed by the overall advancement of procreation, is the best guess. "I think Emily Brooker is absolutely within her right to oppose homosexual adoption, and I'm glad she won her case, but I don't see how her religious views inbue her opinion with any more protection than anyone else's. But if we assume that that her views are more protected because they are religious in nature, that begs the question of what they are. (Had the professor attempted to compel her to assert that homosexuality was not a sin and that Leviticus was wrong, it would be more clear to me.)" THIS...is a different issue. Entirely, I think. The FACT that homosexuality MAY (or may not) be a sin against "the Creator" is entirely different than the question of whether homosexuality is a sin against man. I have not once seen a compelling argument for the former and I believe absolutely none exists against the latter. However, a state actor may not force an individual to undertake acts (under the threat of duress or punishment) which violate her right to practice her religion in private. That is, the state has no compelling reason to FORCE her to act as if she holds a religious belief system that encourages homosexuality, if she believes that homosexuality is an offense against her Creator. They can't force her to denounce her religious beliefs or take actions against those beliefs, without some compelling STATE reason for doing so. Absent a COMPELLING STATE REASON, the professor threatening her with punishment or placing her under duress for HOLDING HER POSITION BASED ON RELIGIOUS BELIEFS...is a violation of her freedom to practice her religion. We may agree or disagree that it is a "sin" against her Creator. We certainly don't have to agree at all that it is a sin against man...but we absolutely MUST defend her right to practice her religion in private without state interference. "Are atheists who refuse to sign letters in support of gay adoption less worthy of protection?" Under religious grounds? Possibly. They are not asserting any religious belief upon which protection may be granted. Under free speech grounds, there is no difference. "Let me switch to the less inflammatory issue (well, less inflammatory for now) of eating pork. Certainly, no one has the right to compel anyone to eat pork, and compelling a person to eat pork in violation of his religious views would violate his First Amendment rights (plus a lot of other rights). While compelling someone to be in the presence of others who ate pork might violate the right to free association, could it be seen as religious discrimination? Absent a religious prohibition on associating with pork-eaters, I don't see how." I see where the analogy is heading, not sure it's a great one. She was not complaining that she was forced to be in the COMPANY of signers of the pro-homosexual adoption petition...she was complaining that she was being FORCED TO PARTICIPATE under threat of duress or punishment. It's the state action of THREAT for practicing her religion that needs protection. If her complaint was merely that her class was told they COULD sign such a petition...her case weakens substantially. In the pork eating case, no complaint would stand at being amongst pork-eaters...but if there was a threat for NOT participating in the pork eating, indeed...a case could be made. A solid one.
It all depends upon the State Actor and what is the compelling reason of the state to undertake such action. Absent a compelling state reason, then the threat of punishment or adverse consequences...makes all the difference. "I know I sound picky, but I think some of these folks are just plain fudging." It's a slippery subject and easy to lose the way, because so much of it seems unfair from all sides. So goes justice. We must defend the victims, and yet take them as we find them. In my own personal view...we ought to be defending BOTH the homosexual adopters AND the religious practitioners...for each has a right that is being abrogated. cfbleachers · November 21, 2006 08:03 PM These are really good comments. Please bear in mind that I am not arguing for or against gay adoption. I just don't see a clear biblical standard, and I object to the idea that because someone opposes something for religious reasons, that opposition should "count" any more (or cloak the opinion with more authority) than opposition for other reasons. My ultimate worry is that this may it tougher and tougher to debate things without being accused of "religious discrimination." Identity politics has already led to activists claiming "discrimination" in the face of "threatening" opinions, and what I'd like to see is an ability to discuss anything and everything without fear of these constraints. Eric Scheie · November 22, 2006 10:43 AM Post a comment
You may use basic HTML for formatting.
|
|
December 2006
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
December 2006
November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 See more archives here Old (Blogspot) archives
Recent Entries
The right to be irrational?
I'm cool with the passion fashion Climate change meltdown at the polls? If you're wrong, then so is God? Have a nice day, asshole! Scarlet "R"? Consuming power while empowering consumption Shrinking is growth! My dirty thoughts art not codes?
Links
Alphecca (My Blogdaddy) ![]() ![]() Puff the Protector Andrew Sullivan Gays in Military Site Middle East Media Research Institute Gay Libertarian Site The Bitch Girls Join the NRA! SECOND AMENDMENT VIDEO! Shooters' Carnival
Tammy Bruce Gun Owners of America
David Hackworth
Hell In A Handbasket Matt Welch The Volokh Conspiracy Virginia Postrel PseudoPsalms The Light of Reason The Anger of Compassion Anger Management Dustbury.com Rachel Lucas Shadow Government reflections in d minor JustOneMinute Boone Country Catallarchy Agenda Bender Mike Silverman Steven Malcolm Anderson Walter in Denver Impearls Donald Sensing Howard Owens Loco Parentis Colby Cosh VodkaPundit Radley Balko Dean's World The Queen of All Evil baldilocks Joe Gandelman Dave Tepper Begging to Differ Kesher Talk Jeff Jarvis Doc Searls Little Green Footballs Captain Ed Oh, That Liberal Media! ICANNfocus.org God of the Machine Sandefur's Freespace Wizbang Robert Prather LawPundit The Anti-Idiotarian Rottweiler
Amygdala bilious young fogey MadLab On the Fritz why dave bergman is neat Skiplog Clowning Glory Dispatches from the Culture Wars Where in Washington, D.C. is Sun Myung Moon? Anti-Socialist Tendencies Of Interest WICKED THOUGHTS Setting The World To Rights doubleplusgood infotainment It Can't Rain All The Time Scrutineer Nick Danger, International Man of Mystery seldom sober TRITICALE Random Jottings Graham Lester point2point Shark Blog Gene Healy Discount Blogger Six Foot Pole Dodgeblogium Across the Atlantic The Imperialist Dog Lex Talionis Mind Of Mog Say Uncle CAMPVS MAWRTIVS res gestae dionysii Annika's Journal & Poetry A :{FRUSTRATED}: ARTIST Yet another weird SF fan Lincoln Cat The Meatriarchy Who is Ronald? Short Daddy Punch Drunk Mookie Riffic On The Third Hand MatthewEdgar.net ZenPundit Jennifer's History and Stuff argghhh!!! Modulator D.C. Thornton Centerfield Asymmetrical Information Airline Pilots Security Assn Relapsed Catholic PAPADOC Abraca-Pocus The Pryhills Winds of Change Daily Pundit The Speculist Regnum Crucis The Elfin Ethicist Classics in Contemporary Culture elephant-rabbits A Perfectly Cromulent Blog allied Parableman Southern Musings CALIFORNIA YANKEE Allen's Arena Ex-Gay Watch Jonno Michael Moore doesn't love me! Eschaton Clayton Cramer Letters From a Strip of Dirt Oliver Willis Hesiod Theogeny Dr Zen JunkYardBlog Orcinus Ideofact Letter from Gotham Oraculations INCITE Positive Liberty ALLAH IS IN THE HOUSE Tiny Little Lies My So-Called Penis Keith Devens Jason Holliston W(h)ine Country Straight White Guy Ken MacLeod Lawrence Lessig PaleoJudaica.com EdCone.com Common Sense and Wonder Who knew? Daily Howler James Landrith Chief Wiggles L.T. Smash damnum absque injuria Daniel W. Drezner OxBlog Reason of Voice Steven Den Beste Wonkette! Cranial Cavity Gibberish in Neutral DramaQueen vivalabloog Classics in Contemporary Culture The LLama Butchers HobbsOnLine ACIDMAN Sector 7-G Zogby Blog mtpolitics.net Horologium Civic Dialogues Practical Penumbra Right Wing News Stranger in a Strange Land Ambient Irony Tiger: Raggin' & Rantin' Read My Lips Jay Solo The Alliance The Smallest Minority Wrong Side of Happiness Wince and Nod One Little Victory Fishbucket suburban blight Sketches of Strain Boi from Troy Being American in T.O. Outside the Beltway One Fine Jay Bill and Kent's Place on the Web Burton Terrace This Book Stinks The Happy Carpenter Political Correctness Watch GREENIE WATCH Resource.full This Liberal" Brainville BLAMBLOG Ordinary Galoot QandO Josh Cohen Extra Ordinary Ideas brykMantra Croooow Blog Old Right commiewatch Proculian Meditations UggaBugga Dustin the No-Longer-Blogless Les Jones Blog Temporal Globe Postcards from Nowhere Tarazet Unfogged Synthstuff Riba Rambles Mitch Berg The National Debate scha-den-freu-de Ocean Guy Topic Exchange CELESTIAL OFFERINGS Texas Native Somewhere over the Rainbough Why read this? End NPR Bias Ace of Spades HQ Web Dawn GANGSTORIES Sheila Astray's Redheaded Ramblings Alan Sullivan (Seablogger) hobbyblog FuturePundit.com Tim Blair A Voyage To Arcturus HipperCritical BarlowFriendz Jihad Watch Kin's Kouch Bad Money The Campblog News Junkie Canada De Doc's Doings Bigwig Eject!Eject!Eject! Tom's Nap Room A Coon Cat's World The sexual adventures of Woodie and Peaches Crystalline Ceramics Web Resource Heh. Indeed. NakedVillainy.com Andrew David Chamberlain The Karmic Inquisition Adam Smith Institute Weblog Andrea Harris Hi. I'm Black Banana Oil Jim Miller on Politics Who Tends the Fires Ranck and File MOLOTOV COCKTAIL FRANK NOLI IRRITARE LEONES Miss O'Hara deadmaus Coffee With Rhoads robot guy Travelling Shoes Admiral Quixote's Roundtable danm.us The Argus Dissecting Leftism Dissecting Leftism -- OLD Site Aaron's cc Commentariat The Argus - Registan INDC Journal Pundit Ex Machina DeMythology Peppermint Tea Gilly's World Beyond the Black Hole La Shawn Barber" Perverse Access Memory Invisible Adjunct Photon Courier Intel Dump Junkscience.com The SmarterCop Laban Tall Banagor Peeve Farm Rand Simberg camedwards.com Kim du Toit Mrs. du Toit Dancing with Dogs Two--Four Heretical Ideas Astonished Head Outlandish Josh Central Oregon for Dean The White Peril 白禍 (Sean Kinsell) www.blktlr.com Subterranean Bungalo DFMoore Dave Halliday Well Versed Qoheleth 60: Joel Moody's Repository quo vado jonrowe.blogspot.com yellopad Sticks of Fire Dissecting Leftism ByteMagick Blogs of War PRESTOPUNDIT Of Interest The Meatriarchy Bernhardt Varenius The Forager Miller?s Time Blogs of War painting to stay (?) sane Blue Goldfish | Surface Clowning Glory House of Payne International Last Chance Caf馬t;/a> Psychology of Leftism a_sdf CONSERVATISM/RIGHTISM Taylor & Company The Vicious Circle Leftists as Elitists Eye of the Storm A scratch area Wicked Thoughts Filtrat The Bayou City Perspective The Belfry Blogger Setting The World To Rights Ljonn.com Oddly Normal Varifrank Jamie Jamison on Technology GayPatriot A New York Escorts Confessions jamescalvin.com The Eleven Day Empire Dr. Rusty Shackleford Eric's Grumles Before The Grave Belmont Club Gumbo Pie BeldarBlog MooreThoughts Blind Adherence Last One Speaks Logic Monkey Bird's Eye View DIRTY WATER Forgadring precision-guided cowboy Punditmania Minor Thoughts Just Askin' HispaLibertas Let's Try Freedom Megan McArdle Ann Althouse Beautiful Atrocities Sean Hackbarth Power and Control Professor Bainbridge Power Line Dialogic Darleen's Place I'm N.O. Pundit! Done With Mirrors AMERICAN FUTURE CodeBlueBlog Gay Orbit Urthshu Zacht Ei Interested-Participant blake taylor The Anchoress Freespeech.com Spiked Decision '08 (Mark Coffey) White Lightning Axiom: Redux The Big Picture Rachel Lucas BEI John Cole Haight Speech evolution: on the loose Moderates of all Nations, Unite! Jeff Gannon THE GLEESON BLOGLOMERATE Pajama Pundits Centerpiece The Radical Centrist Lab-Tested FreedomSight AmbivaBlog evolution Marx & Friends in their own words Elective Application Religion Research Islam Blog YOUNGPUNDIT.COM {finding peace in the chaos} IQ & PC -- By Chris Brand Classics in Contemporary Culture Morse's Code A&W Bench Marx Julie Neidlinger Shades of Gray The Daily Lion: NeoLibertarianism on a Stick Miller's Time Centerpiece This Liberal Coming Anarchy Lay Lines that'sRich the blog eclectic booklore Yankee Madmen Jesusland Expatriate Amazing Motor Girls Spiced Sass Decline and Fall of Western Civilization Modern Crusader MaroonBlog Skriblerier, etc. I am partially fused with infinity Eros Colored Glasses Bill Peschel: The man comes around The Twins Tell the Truth wickens.ca The War of Ideas ConsterNations EaglesUp Blog Vitriolics Anonymous DIRTY WATER Mean Mr. Mustard 2.0 EDUCATION WATCH THE RIGHT SCALE AIS Knight Hammer SOCIALIZED MEDICINE The Argus DON'T BE DUMB! Blue Goldfish | Surface GUN WATCH De Docs Institute for Memetic Engineering And Polymaths... Wordpress Test Weblog Kapowie Zone Political Theory: Weblogs You know, they say... all blogged down Harkonnendog Big Dirigible GeoPoliticalreview.com Coyote Blog Blog Retrofuturistic VietPundit JasonColeman.com Logical Meme Bloggledygook Discursive Recursions Bird's Eye View Right Wing Nut House ELEMENOHPEE Locusts and Honey Moonbattery The Everlasting Phelps Mythusmage Opines The Cassandra Page Of Arms & the Law The Daily Bork Strange Stuff Another Gay Republican Libertarian Man of Mystery Liberty Just In Case TalkLeft Joe's Dartblog Iowa Hawk The Common Room Darth Vader Gay Bipolar Republican Boxing Alcibiades Baby TrollBlog Strange Fictions Urban Hermit The Eye of Polyphemus Toe In The Water Bryan's Basement Fishkite Right on the Left Coast Beltway Buzz pike speak Scared Monkeys The Mudville Gazette Matt Sheffield Undercaffeinated Trey Jackson NashvilleFiles.com Moonbat Central Dust my Broom The Cliffs of Insanity Riding Sun The Modo Blog Philly Future philly Off In The Tall Weeds Doug Petch.Com Gays for Life the True Nature of Reality Spinning Clio Mike Huckabee President 2008 A.E.Brain that rogueclassicist guy A M㯠Invisí¶¥l Constantly Risking Absurdity Laurence Simon Notes & Musings A World of Speculation Weird Events Pit Bull Wars New World Man Mark in Mexico The Palmetto Pundit All Things Jen(nifer) Generic Confusion Justus for All iHillary Michael Totten Don Surber Maggie's Farm Unpaid Punditry Corps The Counter Hippie Kicking On Doors FunnyBusiness Restless Mania Mark Tapscott nobody sasses a girl in glasses Letters from the Bostonian Exile The Education Wonks Diana Hseih just muttering Right-Wing of the Gods Michelle Malkin Inside Larry's Head Ballpoint Wren A Blog For All The Liberal Wrong American Outlook Splog Reporter From the Grand Stand Tinabell Affordable Housing Institute mudphud Living In The Past Searchlight Crusade Gus Van Horn Ian Schwartz One Billion Red Chinese and a Dog Named Liberty Suburban Bourgeois The Metropolis Times DR. HELEN Philadelphia AIDS Thrift Sir Humphrey's Birth Story The Simplest Thing Blue Star Chronicles One Stack Mind Cathy Young Neocon Express A A R D V A R K World Climate Report Apartment 604 Yelling at the Windshield Kimdergarten/ ShrinkWrapped The Bear Cave X marks the blogspot CARRY ON AMERICA Jim Rose Kiril, The Mad Macedonian Signal 94 Pseudo-Polymath The International Libertarian Gates of Vienna California Sojourn The Liberty Papers Barcepundit A. Jacksonian Jon Swift Tim Maguire Three Sticks Asymmetric Dog Politics OregonGuy Little Miss Attila Buuuuurrrrning Hot AGENT BEDHEAD THE TYGRRRR EXPRESS David Harsanyi Snowflakes in Hell Earnest Iconoclast Eternity Road Musings of the GeekWithA.45 Total Survivalist Libertarian Rantfest Argue With Everyone Political Forum Nathan J. Winograd Assistant Village Idiot Parkway Rest Stop Grouchy Old Cripple Technicalities Coalition of the Swilling TigerHawk Mary Madigan Sad Old Goth Erica Sherman Joated Ezra Levant
![]() Blogroll Classical Values! Pssst! Wanna get on the Classical Values blogroll? Please send me an email and let me know, because although I try to keep up, sometimes I have trouble finding every last link.
Site Credits
|
|
The way I see this is that she had certain beliefs which she felt she was being forced to betray. And those views come from her religious values.
Her right to her views is what needs to be protected.
Clearly an Atheist would be entitled to the same protections.
Perhaps someone believes that all adoption is wrong - again, they should not be forced, or coerced against that opinion.
If you were asking which Christian teaching holds that adoptions by homosexuals is wrong, sorry can't help you there.
Certainly we as a society have held that certain actions had to be curtailed, even though they were held as religious beliefs. You just can't go around sacrificing animals, for example.
The issue, can you have negative consequences for holding to your religious requirements, will need to be debated further. Should we require that all drivers license photos be taken free of any head covering - whether a habit or burka, or ski-mask? Will some then not refuse and have to give up the privilege of driving? Would the ban apply to all forms of state issued ID?
From the news story, I think the professor was wrong for having forced the issue by having a negative outcome for not writing/signing the letter. He was not wrong for offering the opportunity.