Tag Archives: First Amendment

George Will on the secular left’s opposition to freedom of association

From the liberal Washington Post.

Excerpt:

Illustrating an intellectual confusion common on campuses, Vanderbilt University says: To ensure “diversity of thought and opinion” we require certain student groups, including five religious ones, to conform to the university’s policy that forbids the groups from protecting their characteristics that contribute to diversity.

Last year, after a Christian fraternity allegedly expelled a gay undergraduate because of his sexual practices, Vanderbilt redoubled its efforts to make the more than 300 student organizations comply with its “long-standing nondiscrimination policy.” That policy, says a university official, does not allow the Christian Legal Society “to preclude someone from a leadership position based on religious belief.” So an organization formed to express religious beliefs, including the belief that homosexual activity is biblically forbidden, is itself effectively forbidden. There is much pertinent history.

[…][I]n 2010 the [Supreme] court held, 5 to 4, that a public law school in California did not abridge First Amendment rights when it denied the privileges associated with official recognition to just one student group — the Christian Legal Society chapter, because it limited voting membership and leadership positions to Christians who disavow “sexual conduct outside of marriage between a man and a woman.” Dissenting, Justice Samuel Alito said the court was embracing the principle that the right of expressive association is unprotected if the association departs from officially sanctioned orthodoxy.

In wiser moments, the court has held that “this freedom to gather in association . . . necessarily presupposes the freedom to identify the people who constitute the association and to limit the association to those people only.” In 1984, William Brennan, the court’s leading liberal of the last half-century, said:

“There can be no clearer example of an intrusion into the internal structure or affairs of an association than a regulation that forces the group to accept members it does not desire. Such a regulation may impair the ability of the original members to express only those views that brought them together. Freedom of association therefore plainly presupposes a freedom not to associate.”

As professor Michael McConnell of Stanford Law School says, “Not everything the government chooses to call discrimination is invidious; some of it is constitutionally protected First Amendment activity.” Whereas it is wrong for government to prefer one religion over another, when private persons and religious groups do so, this is the constitutionally protected free exercise of religion. So, McConnell says, “Preventing private groups from discriminating on the basis of shared beliefs is not only not a compelling governmental interest; it is not even a legitimate governmental interest.”

Here, however, is how progressivism limits freedom by abolishing the public-private distinction: First, a human right — to, say, engage in homosexual practices — is deemed so personal that government should have no jurisdiction over it. Next, this right breeds another right, to the support or approval of others. Finally, those who disapprove of it must be coerced.

Sound familiar? It should. First, abortion should be an individual’s choice. Then, abortion should be subsidized by government. Next, pro-life pharmacists who object to prescribing abortifacients should lose their licenses. Thus do rights shrink to privileges reserved for those with government-approved opinions.

The question, at Vanderbilt and elsewhere, should not be whether a particular viewpoint is right but whether an expressive association has a right to espouse it. Unfortunately, in the name of tolerance, what is tolerable is being defined ever more narrowly.

Although Vanderbilt is a private institution, its policy is congruent with “progressive” public policy, under which society shall be made to progress up from a multiplicity of viewpoints to a government-supervised harmony. Vanderbilt’s policy, formulated in the name of enlarging rights, is another skirmish in the progressives’ struggle to deny more and more social entities the right to deviate from government-promoted homogeneity of belief. Such compulsory conformity is, of course, enforced in the name of diversity.

I’m surprised by George Will. I always thought he was a moderate. But since I started writing this blog, I’ve been happy to see that he is a lot more conservative than people like Charles Krauthammer, Michael Barone, and other well-known moderate conservatives. I don’t require that he agree with me – I just want him to understand my views. And he does.

My Experience

When I’ve spent time talking to secular leftists in my office, they seem to have a horror of disagreements. They are desperate to make sure that everyone believes the same thing on every issue. The conversations typically proceed as follows:

  1. They express their view on some  subject and imply that it is the only intelligent view, since they learned it from their college professors.  (Evolution is a fact)
  2. I produce peer-reviewed experimental data that falsifies their view. (The synthesis of functional proteins by unintelligent forces is impossible)
  3. They try desperately to find some area that we agree on that is unrelated to my evidence. (But you agree that the Earth is older than 6,000 years, right?)

This is what the left means by diversity of opinion. Everyone has to agree, even if no one can prove that what is agreed to is actually true. They believe that rent controls doesn’t result in a shortage of affordable apartments, even though this is not what has been observed. They believe it because it sounds nice, and it makes people think that they are nice people. And they get very confused and flustered if you try to prove them wrong with evidence.

Frank Turek lists ten alleged facts about same-sex marriage

The article is here on One News Now. (H/T Owen)

Excerpt:

When one judge overturned the will of more than seven million Californians last week in Perry v. Schwarzenegger, he listed 80 supposed “findings of fact” (FF) as evidence that Proposition 8 violates the Fourteenth Amendment of the United States Constitution. Many of those 80 findings are not facts at all. They’re lies or distortions.

Here’s my favorite of the 10:

5. “Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples.” (FF 62) It’s too bad Judge Walker didn’t look to evidence from Massachusetts for this false fact. If he had he would have seen that court-imposed same-sex marriage has severely affected First Amendment rights. Same-sex marriage may not affect heterosexual marriage behavior quickly, but it certainly affects the free exercise of religion very quickly.

Parents in Massachusetts now have no right to know when their children are being taught about homosexuality in grades as low as kindergarten, neither can they opt their kids out (one parent was even jailed overnight for protesting this). Businesses are now forced to give benefits to same-sex couples regardless of any moral or religious objection the business owner may have. The government also ordered Catholic Charities to give children to homosexuals wanting to adopt. As a result, Catholic Charities closed their adoption agency rather than submit to an immoral order. Unfortunately, children are again the victims of the morality that comes with same-sex marriage.

“But you can’t legislate morality!” some say. Nonsense. Not only do all laws legislate morality, sometimes immorality is imposed by judges against the will of the people and in violation of religious rights. There is no neutral ground here. Either we will have freedom of religion and conscience, or we will be forced to adhere to the whims of judges who declare that their own distorted view of morality supersedes our rights — rights that our founders declared self-evident.

Think I’m overreacting? If this decision survives and nullifies all democratically decided laws in the 45 states that preserve natural marriage, religious rights violations in Massachusetts will go nationwide. In fact, it’s poised to happen already at the federal level. President Obama recently appointed gay activist Chai Feldblum to the EEOC. Speaking of the inevitable conflict between religious rights and so-called gay rights, Feldblum said, “I’m having a hard time coming up with any case in which religious liberty should win.”

Read the other nine here. Some of them I’ve mentioned before.

Related posts

The Family Research Center evaluates Barack Obama’s first 100 days

Has Obama been a good President for Christians? Should Christians have voted for him? How well has he done at fulfilling his campaign promises to pro-life and pro-marriage social conservatives?

Watch this 7-minute video and see for yourself how prudent it was for Christians to put their faith in Obama’s promises. (H/T Gateway Pundit)

The Cloak Room lists the decisions of interest to Christians and social conservatives from the first 100 days of Obama’s regime.

I think we should judge presidential candidates on their record, not on their speeches or their appearance. How did Obama vote before his campaign started? Did the Christians who voted for Obama take the time to find out?

This video follows the story of the Democrats’ Hate Crime bill, which allows the government to imprison bloggers and Christians, (much like Iran’s theocratic government). My original post on Obama’s attempts to intimidate Chrysler’s creditors, thereby undermining the Constitution and the rule of law, is here. And it has now been corroborated over at Hot Air, here.

Regarding the intimidation of Chrysler’s creditors, Hot Air has a follow-up story from the Business Insider:

Creditors to Chrysler describe negotiations with the company and the Obama administration as “a farce,” saying the administration was bent on forcing their hands using hardball tactics and threats.

Conversations with administration officials left them expecting that they would be politically targeted, two participants in the negotiations said. …

The sources, who represent creditors to Chrysler, say were taken aback by the hardball tactics that the Obama administration employed to cajole them into acquiescing to plans to restructure Chrysler. One person said described the administration as the most shocking “end justifies the means” group they have ever encountered.  Another characterized Obama was “the most dangerous smooth talker on the planet- and I knew Kissinger.” Both were voters for Obama in the last election.

One participant in negotiations said that the administration’s tactic was to present what one described as a  “madman theory of the presidency” in which the President is someone to be feared because he was willing to do anything to get his way. The person said this threat was taken very seriously by his firm.

Hot Air comments:

Well, that’s certainly reassuring.  The man at the helm during one of the biggest economic crises in decades is a madman who will act in an unpredictable and irrational manner if he doesn’t get his way.  It sounds like they paint Obama as either a lunatic or a petulant child.

The “madman theory” of the Presidency? Is that what uninformed Christians who voted for Obama expected?

UPDATE: Ace has more here and here. (H/T Commenter ECM) And Hot Air (Ed Morrissey) has more here.