March 15, 2004

THEIR WAY OR THE HIGHWAY (via Tom Corcoran):

Secular Absolutism: The irreligious left tries to impose its religious views on everyone else. (Wall Street Journal, March 14, 2004)

Secular absolutism is becoming the most potent religious force in America. Just ask the Boy Scouts and Catholic Charities, which both fell afoul of secular orthodoxy and then found judges willing to punish them for it.

Start with Catholic Charities. The California Supreme Court just ruled that the social-services arm of the Roman Catholic Church must include contraceptives coverage to women as part of any prescription drug benefit it extends to employees. When Catholic Charities insisted that as an avowedly Catholic organization it fit the religious exemption provided by the law in question, the court simply said it was not a religious organization. Catholic Charities?

Leave aside the irony that of all America's Catholic institutions, Catholic Charities is arguably the most liberal and sympathetic to secular crusades. Even that didn't protect them. Nor did its practice of employing people outside the Catholic faith--which was used here as reason for denying its religious claims. If the state can order a Catholic organization to include contraceptive coverage as part of its health benefits or drop all drug coverage, it's not hard to see where that's leading. This is what passes for civil liberties now.

The lone dissent in this 6-1 decision came from Justice Janice Rogers Brown. Judge Brown, nominated by President Bush for the D.C. Circuit Court of Appeals, has been pilloried for refusing to bow before this increasingly stifling liberal orthodoxy. As she tartly noted in her decision here, the California high court has "such a crabbed and constricted view of religion that it would define the ministry of Jesus Christ as a secular activity."

Compare this ruling with what's going on with the Boy Scouts. On Tuesday the U.S. Supreme Court turned down the Scouts' appeal of a Connecticut decision to kick them off a list of charities on its state-worker voluntary-donation plan. Meanwhile the American Civil Liberties Union has routed the Scouts in San Diego.

In a settlement reached earlier this year with the ACLU, San Diego agreed to revoke a Scouts lease for public campgrounds, where the Scouts have had a presence since 1918 and a formal lease since 1957. The city also agreed to pay the ACLU a whopping $950,000 for its efforts. [...]

What's going on here is an effort by liberal activists and their judiciary enablers to turn one set of personal mores into a public orthodoxy from which there can be no dissent, even if that means trampling the First Amendment. Any voluntary association that doesn't comply--the same little platoons once considered the bedrock of American freedom--will be driven from the public square. Meet the new face of intolerance.


It's really an astonishing reversal of the Founders' intent that they've effected: the only form of belief specifically protected by the Constitution has been turned into a liability where government benefits and regulations are concerned.

Posted by Orrin Judd at March 15, 2004 8:39 PM
Comments

There's a whole lot of moronity (not a word, but it should be) contained in those seven paragraphs, but the one that irked me is the case of Catholic Charities. If they employed only Catholics, they'd be vulnerable to discrimination lawsuits - but employing non-Catholics makes them a secular organization. I'd say "unbelievable" ... only I do believe it.

Posted by: John Barrett Jr. at March 15, 2004 9:08 PM

I could work up more rage if they paid taxes.

Posted by: Harry Eagar at March 15, 2004 9:48 PM

Harry:

They do, of course.

Posted by: oj at March 15, 2004 10:43 PM

It is hard to argue that the Connecticut case tramples on 1st Amendment rights. It doesn't stop any state employee from donating to the Boy Scouts, it is just left off of the list of charities. Noone is prevented from joining the Boy Scouts, or from supporting them. They are not left off of the list because they are religious, it is because they discriminate in their membership. It doesn't matter that the Scouts discriminate based on their religious values, because the state's case isn't based on the reason for the discrimination, only the facto of discrimination.

It is like the case of the Muslim woman in Florida who didn't get a driver's licence because she wouldn't allow her photograph to be taken because of her religious beliefs. The state is not discriminating against her by denying her a license, it is enforcing a requirement that is applied to all drivers.

Posted by: Robert Duquette at March 16, 2004 12:05 AM

Robert:

The discrimination has nothing to do with their charity status in the first instance, while the photograph is central to the licensing process. If any accomodation short of the phoitograph could be made it would have been required. For instance, suppose FL only opened its DMV during the hours of the Sabbath and Orthodox Jews could therefore never get licenses. Even if the intent was not discriminatory they'd be required to open at another hour.

Posted by: oj at March 16, 2004 12:24 AM

Well, if the Boy Scouts are getting pulled from the charities list, or won't be allowed to lease a park, because they discriminate against homosexuals, then it is only fair that Catholic organizations feel that same heat because Catholicism discriminates against women.

(BTW--in the absence of an irony emoticon, I find the hypothetical latter to be as offensive as the actual former)

Posted by: Jeff Guinn at March 16, 2004 7:25 AM

Yes, but their right to do so is protected. Your delicate emotions aren't.

Posted by: oj at March 16, 2004 7:39 AM

oj-

The state now touches just about every aspect of life in this country, from cradle to grave. If secularism is the religion of the state the traditional mediating institutions of our history are done. I know that pleases our resident atheists but they should be very sure that they want what they are going to get. Absolute state secualrism will destroy the freedoms most take for granted. The "religiously vibrant" society which is so appreciated by Jeff and Harry will be a thing of the past. As always, we all should be careful what we wish for, particulary when what is wished has never existed.

Posted by: Tom C., Stamford,Ct. at March 16, 2004 10:56 AM

Tom:

Yes, in an increasingly secularized society, where you have to assume there's some significant possibility that the fellow citizen you're interacting with is amoral, what alternative is there to a thoroughgoing statism?

Posted by: oj at March 16, 2004 11:08 AM

Its doubtful that Harry could work up more rage even then. His rage tends to be focused on the closed Chick-fil-As of the world.

Posted by: jefferson park at March 16, 2004 11:17 AM

I dunno about that, jefferson.

I have in my hand a press release from the Rutherford Institute concerning one Brian Cherrix, who is to be executed tomorrow.

"In response to a request for religious accommodation for a death row inmate by John W. Whitehead, president of the Rutherford Institute, the Commonwealth of Virginia has agreed to accommodate the sincerely held religious beliefs of the inmate regarding an autopsy that was being demanded by the state. . . .

"Believing that the autopsy would violate his Christian beliefs against mutilating and destroying God's temple, described in the Bible as the human body, Cherrix objected. . .

"The Commonwealth of Virginia is to be commended for doing the right thing in this situation and for recognizing that Brian Lee Cherrix's constitutional right -- in life in in death -- to have his sincerely held religious belief protected outweighs the Commonwealth's interest in an autopsy."

Apparently, as with Chick-Fil-A, sincerely held religious beliefs are a one-way street. Brian Cherrix sodomized and murdered a 24-year-old mother of two who was working as a pizza deliverer.

I guess her body wasn't a temple.

Truly, there is nothing in this world more disgusting than a Christian in full cry.

Posted by: Harry Eagar at March 17, 2004 4:56 PM

Harry:

You obviously haven't seen About Schmidt.

Posted by: oj at March 17, 2004 5:16 PM

Never even heard of it.

It may surprise you to learn that I supported quite a few of Rutherford's jabs at the loonier side of secularism. But there are some things a decent person cannot do, and what they did is beyond indecent.

I understand that decency is not among the 7 cardinal virtues.

Posted by: Harry Eagar at March 17, 2004 7:09 PM

"Yes, but their right to do so is protected. Your delicate emotions aren't."

OJ:

You don't take agreement very well, do you?

BTW--regarding Catholic Charities. You seem to forget a substantial portion (I think I heard just over 50%) of their funding comes from state grants. That just might have something to do with the court's decision that they are not a religious organization.

If CC doesn't want to provide contraceptives as part of their medical plan, they are free to. All they have to do is stop taking state money.

Of course, no one said that taking a stand on principle would be cost-free.

Posted by: Jeff Guinn at March 18, 2004 7:32 AM

Jeff:

Yes, that is a sensible solution. So the only ones who would lose would be those who need help.

Posted by: oj at March 18, 2004 8:19 AM

OJ:

The sensible solution is to understand that if you take the government's coin, you have to expect to dance to the government's tune.

Catholic Charities name is not sufficient to make it a religious organization--they get taxpayer support, and hire non-Catholics. Catholic Charities is a corporation, and is getting treated like one.

Posted by: Jeff Guinn at March 18, 2004 11:49 AM

Of course they should only hire Catholics and then it's a moot point.

Posted by: oj at March 18, 2004 12:45 PM

That, and stopping taking state money, to rely on private donations instead. Then they become a religious organization.

But until then, they aren't.

Posted by: Jeff Guinn at March 19, 2004 6:55 AM

That's just silly. The Constitution enshrined mandartory tithes in several states. It can't be unconstitutional for churches to get state money.

Posted by: oj at March 19, 2004 8:13 AM

What do you know of the California State Constitution, or its corporation laws? And where are those mandatory tithes today?

Catholic Charities is not a church, any more than the United Way is.

Posted by: Jeff Guinn at March 19, 2004 11:41 AM

"CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


SEC. 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed. This liberty of
conscience does not excuse acts that are licentious or inconsistent
with the peace or safety of the State. The Legislature shall make no
law respecting an establishment of religion.
A person is not incompetent to be a witness or juror because of
his or her opinions on religious beliefs."


The state is establishing a religion

Posted by: oj at March 19, 2004 1:35 PM

It seems that "...without discrimination or preference ..." angle is pretty fundamental.

Catholic Charities is no more a religion than the United Way is. Unless, of course, you are going to extend a preference to an organization identical to others of its kind, except for claims of religious affiliation.

Posted by: Jeff Guinn at March 19, 2004 4:54 PM

Jeff:

Exactly, that means the government can't discriminate or prefer.

Posted by: oj at March 19, 2004 5:02 PM

Tax exemptions are by definition preference.

Discrimination works both ways, but the tendency has always been towards Christianity.

Watching Christians scream about this is like watching a little kid with a cookie in his mouth and one in each hand jump up and down because his brother also is getting a cookie.

Posted by: Harry Eagar at March 19, 2004 7:08 PM

Harry:

Exactly. CA can't use exemptions to pick and choose between religions. They have to be universal.

Posted by: oj at March 19, 2004 7:58 PM
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