Class Warfare Blog

February 12, 2017

Why Are We Still Legislating Religion?

The talking heads crowd is predicting that we will shortly see new legislation that will expand “religious freedom” in the U.S. This is shocking to say the least since we have had religious freedom for quite some time. Apparently “religious freedom” doesn’t mean what the words say. (Not quite equally shocking is that there will be legislation and not just executive orders.)

My guess is that the “new” legislation will expand the “right” of religious people to discriminate against people who they are doing business with. The highlighted case so far that has become an iconic example is the poor baker who didn’t want to make wedding cakes for gay couples getting married.

I can understand churches refusing to host gay marriages and I respect their right to do that, but a bakery? It seems now that many “Christians” are claiming that they are running “Christian businesses.” This is a smokescreen at best. I suggest to you that all businesses are secular in nature, that they have nothing to do with religion. And in this I include stores that sell religious artifacts and books, e.g. Christian bookstores, etc. They are not religious activities, they are commercial activities. They offer goods and services for sale in simple commercial exchanges. I have gone into religious bookstores and purchased items. As an avowed atheist, shouldn’t they have refused me service? Actually, the law prevents them from even asking me if I am an atheist, ironically under the religious freedom provisions of our laws, so I suspect they are ignorant to this day that they served a raving atheist. (It is hard to tell us apart from “true Christians,” is it not? They even elected one of us President.)

Any business claiming to be a Christian business had better show me they really mean it. In their incorporation by-laws I expect to see policies like “all debts will be forgiven on New year’s day” and “if we are robbed, we will turn the other cheek,” and “when it comes to paying our business taxes, we will render unto Caesar, that which is Caesars.”

If they can show that their business is truly linked to their religion, then the laws protecting religious activities should be triggered. Otherwise they are just selling cupcakes like every other baker.

It looks, though, that the current administration is seeking to sell indulgences, in this case a get out of jail free card for denying service to customers you do not approve of religiously. This is fascinating in that one of the core causes that resulted in the Protestant Reformation (which was a precursor to the formation of Evangelical Christianity) was the abhorrence for the corruption in the Catholic Church, including the selling of indulgences. The Catholics were selling “get out of purgatory” cards and “get into heaven” cards, which makes the current suggested sale of indulgences seem almost trivial, but it does seem as if we have come full circle.

 

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March 12, 2014

My Religious Freedom vs. Your Religious Freedom

There is a lot going on under the label of “religious freedom” currently, including what could be some landmark Supreme Court cases. But it seems to me that a great many people are trying to drag all kinds of things not really aspects of religious freedom under its banner so as to strengthen their cases. This is wrong and I hope it gets squelched.

The idea of religious freedom in this country is the ability to practice your religion without the interference of the government or, really, other religions. This is extended to include practicing no religion at all. When this country was founded, you will note that religious freedom was not in the Constitution. In fact, religion wasn’t really mentioned. It took an amendment to the Constitution to forbid the federal government from endorsing any religion by giving it special favors, etc. Also forbidden was inhibition of any religion. Originally this meant only the federal government and quite a few states had their own sponsored denominations. Over time the wisdom of this was challenged and people finally came to the point that any state-sponsorship of religion was a bad idea and all of the states complied with this idea of government non-interference and non-support. (The argument the religious bought was “sure it would be nice to have the state collect a tithe for you, but what happens if another religion becomes dominant and takes over that state sponsorship? You are then out in the cold.” Today consider about what would happen if a very small state were to have a large influx of Muslims. Would people be happy having a Muslim state? Would that mean Sharia law could be imposed? Sorry, just trolling for Fox (sic) News viewers.)

Here’s the deal. If the government(s) have a law that effects religions, they must exercise it without prejudice. So, it is entirely appropriate for the federal government to impose a tax upon religious groups. There is no basis for not taxing them that makes any sense. But they cannot tax any such religious group any differently that the others. This is what religious freedom means under the law.

Note that Utah was told it’s petition for statehood would not be accepted by the Congress unless they outlawed polygamy, something promoted by the dominant religion of the state. This was acceptable in that Utah was not yet a state in the “United States” and did not receive full consideration or application of all of the federal laws.

Clergy who commit crimes are not immune to prosecution under the banner of “religious freedom.” They do not have the equivalent of diplomatic immunity to local prosecutions.

But, because there is a culture of “hands off” with regard to religions, various people interpret that in various ways.

A current case before the Supreme Court involves whether or not an employer can be required to provide health insurance that includes contraceptive coverage if that conflicts with the religious convictions of the owners. Churches, per se, are exempted from the requirements of this law, for no good reason other than political expediency, but to exempt everyone who has a “religious conviction” will open up a legal can of worms, a very large can of worms. There is no protection for these people under current “religious freedom” legal doctrine. We’ll have to wait to see if the Supreme Court decides to invent something whacko like its “corporations are people” doctrine.

For those of you who disagree with that last statement, consider this: employers provide their employees with a voucher that enables them to purchase contraceptives, pay for abortions, solicit prostitutes, buy illegal drugs, or drink one’s self into oblivion or with any other manner of vice the employees wish. It is called a paycheck. Once the employer transfers that voucher to the employee, they lose control over what the employee does with the funds it is worth. So, a business that employs even only good Catholics can be required to provide insurance that includes hospitalization, out-patient care, and contraceptive services and not have to worry because no good Catholic would avail themselves of the contraceptive services. Because no person can impose their religious beliefs upon another and neither can the government. That’s the law.

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