Tuesday, February 16, 2016

The Passing of Antonin Scalia


I don’t have to be politically correct so I won’t. When I first learned Supreme Court Justice Scalia had died, I felt relief spread through my body. I think you would have to be a mature gay man to understand my reaction.

Mr. Scalia was anti gay in a huge way. He claimed the culture and mores of our nation were Christian, Biblically based, and hetero-sexist. He claims the constitution was written by men who believed those tenets in their day and thus was the basis of the US Constitution.

I think he is wrong. The law – whenever it is written – has impact far beyond the time frame of when it is written. It sets out with clarity what it is legislating about and how behavior is to be conducted and enforced. What is lost is the context in which the law was created. Understanding the universe in Biblical times was scant. Science was non-existent. Scientific method and education methodology was non-existent, too.

Religious beliefs were all over the place from none to full control of the nation-state in enforcing the religious thought of the day. Throughout history leaders of governments – political power people – told the populace what they believed and expected loyalty from them for those beliefs. After all, the leader was taking responsibility of the well being of ‘his people’ and the least they could do was give him loyalty. Of course that meant obedience when needed.

It didn’t take much time before leaders wanted their citizens to agree with him in social, moral, legal and religious matters. It was precisely the abuse of these ‘matters’ that gave birth to freedom of religion or at least the desire for it. England morphed from Roman Catholic to the Church of England which is really a protestant form of Catholicism. Henry the 8th was the king who wanted freedom to divorce his wife and marry another woman. The Pope said no so he told the Pope to get lost, and established the Church of England. Unfortunately, in time, the Church of England enforced many of the same improprieties and power moves unfriendly to the believers.

So freedom of religion protest movements began again in England and all over Europe. Eventually, the New World was settled and pilgrims sallied forth from England to found new, independent protestant churches. Congregationalists were the English Puritans of New England, Methodists and Presbyterians, Lutherans and what became Episcopalians were formed in short order. Furthermore, these struggling congregations duplicated themselves as they aided the move westward to settle this new, huge land mass.

Freedom of religion? It was lived out here in America. The sole point of this was to freely meet with like minded people in theological matters and practice your religious beliefs. Didn’t agree with one group? Then you were free to join with another more to your liking. Didn’t find such a thing? Then you gathered with other like minded people and formed your own discussion group, fellowship group, or a new congregation of believers. Some of these were traditional while others practiced bold new ways of worshipping their God.

Not all churches were Christian. Some were Jewish. Some were Unitarian. Others were philosophy and history fans who met regularly and discussed matters of the day. None of these churches sought power over the government. Read Thomas Jefferson and his discussions with people of the same era and learn how religion was avoided by most of the founding fathers of America. The Constitution specifically didn’t mention religious beliefs because the writers knew the trouble they would create.

Religious freedom and the other Bill of Rights items came later after the Constitution was written and approved.

For any judge of the lower courts or the US Supreme Court to say religion and law are wedded from the beginning of this nation is a travesty of their oath of office.

Abortion, gay rights, civil rights, voting rights and many more issues all are part and parcel of the religious morality arguments. What would God say? What would Jesus do? These are debating points made moot by the Constitution. No law should be founded on a religious principle.

But Scalia begged to differ.  He was a conservative power mind who felt government is limited in power and that the freedom of religion gives power to the people to regulate their own lives. He is partly correct here. Religious freedom gives people the right to regulate their own lives provided they do no harm to others in the working of their religious beliefs. No law should be enacted with respect to or by religious beliefs. That means we don’t harm religious beliefs or practice of same, but neither are religious beliefs empowered to enact laws to harm other people who do not share the same religious beliefs.

Freedom of religion has two sides: Side A gives each of us the right to choose our own belief systems and worship according to them; Side B says I have no right to impose my religion on another person.

I believe abortion is a woman’s choice. Therefore, I make no law requiring abortion or denying abortion. It is up to each woman to make that choice. No law or court ought interfere with this constitutional right to choose moral issues. It is the moral confluence of abortion and religion which denies government power in this issue.

Scalia thought otherwise. He argued similar on gay rights. He felt there was no such thing. His religious beliefs kept him from allowing others the right to live their truth. You can’t have it both ways.

Scalia was an ideologue of the conservative “My Way or the Highway” stripe. Now do you understand why a gay man, a father, a grandfather and a supporter of women's rights, minority rights and religious rights found fault with Antonin Scalia? His was a hideous personality intent on enslaving huge groups of people to his narrow point of view. He had the power and he used it.

I say good riddance to such manipulation. May his soul rest in peace with the universe he so dramatically misunderstood.

February 16, 2016


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