Crunchy Con

Free speech and gay rights

Friday November 13, 2009

A reader in Britain e-mails:

One of the constant complaints by pro-SSM readers on your blog is that your fears about the impact of SSM on free speech and freedom of religion are overblown. As you know, I tend to agree with you rather than your critics, despite my cautiously pro-SSM stance (although if I am honest I have been slowly returning to my neglected faith of late and am starting to think again).

My worries were confirmed by this story from here in Britain, which may interest you.

What has happened is this: the Labour government here brought forward a Bill that included clauses to ban incitement to hatred against homosexuals. Many people -- including, but definitely not limited to, traditional Christians -- felt that the wording was imprecise and might inhibit people from expressing opinions on the morality of sexual behaviour, for fear that what they said might be construed as inciting hatred (there have been numerous cases now in Britain of people being visited by the police and informally "warned" about incitement after expressing the orthodox Christian position on sexuality). So a member of the House of Lords put forward the following amendment to the Bill:

"In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred."

Very reasonable, you might think. But when the amended Bill went back to the House of Commons the government MPs voted to remove this "free speech" amendment. When the Bill returned to the Lords -- the two Houses often play legislative ping-pong in this way -- the Lords put it back in. This continued until the Commons, under the direction of the government, had removed the "free speech" clause four times. Yesterday the government finally gave in after a late vote in the Lords on Wednesday re-inserted the clause for the fourth time. The "free speech" clause will stay in the final Act of Parliament.

So, in short, what we have here is a supposedly liberal government consistently ordering its MPs to vote to deny explicit free speech protection to critics of homosexuality, lumping in such criticism with incitement to violence and hatred. Now of course the obvious rejoinder from your critics is that in the US this couldn't happen because of the First Amendment, but that's not really the point. The point is that, contrary to the wishful thinking of many on the pro-SSM side, there are plenty of members of our political and cultural elites who are willing to sacrifice free speech and the free exercise of religion on the altar of sexual liberation, when they get the power to do so.

I have absolutely no doubt whatsoever that we'd see the same thing here, if not for the First Amendment, which bans so-called "hate speech" restrictions. What Americans don't understand, and what we in the media prefer not to report, is that in the coming legal regime, churches and religious institutions will face significant curtailment of their own activity, outside of speech itself, with regard to same-sex marriage and related phenomena. As the Roman Catholic Archdiocese of Washington knows very well, no matter how vociferously SSM proponents try to deny it.

I'll say one good thing about the increasing legal hostility to Christianity in repaganizing Europe: it may serve to make the Orthodox churches wake up and realize that whatever divides Orthodoxy from Western Christianity pales before the great battle the remnants of the Church in Europe faces in the coming decades. See this from Greece. Time for as much unity as can be managed. I'm pleased that Kyrill, ,the Moscow patriarch, and Pope Benedict are moving closer. They're going to need each other. Given where we know this is going, and going fast, we all will.

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Comments
John D
November 15, 2009 12:53 AM

Okay a clarification of the whole burning at the stake thing. The auto da fé, or "act of faith" was a penitential act. Sure, the victim was pushed into it, but the whole point was that they had confessed their sins and asked for forgiveness. This was, supposedly, the final cleansing of their souls of the stain of sin.

Besides, if you're guilty of heresy or unnatural sex (really the same thing to the medieval Church), you don't want to risk backsliding into sin. In the views of the inquisitors, being burnt at the stake was good for you.

BobN
November 15, 2009 2:43 AM

being burnt at the stake was good for you

Please notice that I said "sometimes explicitly forbidding them absolution before execution". It was not the common practice. Usually, as you point out, the priests were ever so nice as to forgive a poor soul before burning him alive. For his own good, of course.

At some points, however, the sin-of-sin was seen as so utterly horrible that confession, absolution, and last rites were withheld. I'd dig up the Dark Age citations for you, but frankly, wading through that stuff this afternoon has done nothing but make me sick, and I'm not going to do it again.

DavyG
November 15, 2009 9:10 AM

And we also know that if the anti-SSM side were given half the chance, they would re-criminalise homosexuality, allow for raids on gay bars and clubs, ban pride parades, etc. So let's not pretend that it's only the pro-SSM side that is untrustworthy in the degree it is willing to go in order to accomplish it's goals. I disagree with gagging the churches but not because they are relgious institutions, I disagree with doing so because I believe in freedom. Even though the freedom that the churches of the U.S. exercise when it comes to homosexuality leads to playground bullying, outrageously higher suicide rates among gay teens and horrific gay bashing incidents.

Also, as someone who lives in Europe, I find your constant scare-mongering positively absurd. It is understood that the birth rate among those immigrants who are Muslim is not any greater than most other birth rates (the rate in Ireland, for example, is very, very high).

Jon
November 15, 2009 8:22 PM

BobN,
As far as I know abolsution was only withheld when people refused to confess-- which makes sense, after all, as absolution requires confession.
One of the most depraved criminals of all history, 15th century knight Gilles de Rais, was nevertheless granted absolution after he made a full confesson. De Rais murdered upwards to 200 children, after torturing them and using them in various black magic ventures. (Sodomy and the like was also involved). The full details left the judges so aghast that the portions of the trial record were ordered destroyed to spare posterity a full account of the crimes. (And the portions that survive are stomach-churning enough). But for once we can cheer for the Inquisition. Even so De Rais and his accomplices went to their deaths as penitents with the final blessings of the Church.

Siarlys Jenkins
November 18, 2009 10:14 PM
http://windowsonwittenberg.blogspot.com

DavyG, you are undoubtedly correct that some of those most fervently opposed to same sex marriage "given half the chance, they would re-criminalise homosexuality, allow for raids on gay bars and clubs, ban pride parades, etc." Likewise, some of those backing same sex marriage, given half a chance, would force Baptist churches at gun point and under threat of confiscatory fines or jail sentences to host gay weddings, would make it a criminal offense to state form the pulpit that homosexuality is sinful, etc. etc. etc.

The more important question is, what motivates everybody else, the people who really determine the outcomes of elections. A solid majority of Americans have been willing for fifteen or twenty years to accept that adults have the right to make their own choices on such matters, and not be ostracized or suffer retaliation in home ownership, employment, etc. A solid minority of that same majority swings the other way on recognizing gay couples as a marriage, forming a net majority against. Suppressing the free speech of that majority is not a very effective way to win respect and acceptance.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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