Could you give some examples of gay rights proponents who ignore religious liberty interests?  I can think of the outrageous behavior of some groups at St. Patrick’s in New York, but beyond that, I draw a blank.  The point is that the instances of such behavior stand out precisely because they are so rare.

 

The point that you make in your last sentence, however, is undoubtedly correct.  I have a piece coming out shortly that, among other things, looks, en passant, at the claim made by some on the Right that were the Left to prevail in our culture wars, the Left would do the Right what the Right has traditionally done to the Left.  I dismiss the claim as lacking any credible basis.  It is impossible to look at our history and not conclude that typically the Right has visited violence on the Left far more than the Left has visited violence on the Right.  There is, of course, plenty of literature on political violence heaped upon racial, ethnic and religious minorities, and on gays and lesbians.  And those who entertain doubts on the point are welcome to explore the literature.  (With regard to labor violence, the case may stand differently.  But I strongly suspect that even there, the greater incidence of violence can be properly attributed to Capital, not Labor.)

 

Given the structure of political violence in America, one is not likely to see much evidence of “As much as one may wish to live and let live” from the Right.
 

 


From: Alan Brownstein [mailto:[EMAIL PROTECTED] On Behalf Of Alan Brownstein
Sent: Monday, March 20, 2006 2:44 PM
To: Law & Religion issues for Law Academics
Subject: RE: Catholic Charities Issue

 

I suppose it is pointless to keep making the point -- but I am hard pressed to see much evidence of "As much as one may wish to live and let live," from the conservative religious side of the culture wars.

 

The idea that religious opposition to gay rights and same-sex marriage is necessary to protect religious freedom presumes the impossibility of mutual respect for the autonomy of the other and meaningful compromise. That does not have to be the case.

 

Some gay rights proponents aren't helping matters by ignoring religious liberty concerns. But many religious opponents of gay rights certainly aren't earning respect for their legitmate religious liberty interests -- by expressing so little regard for the liberty and autonomy of gay people.

 

Alan Brownstein

 

 

 


From: [EMAIL PROTECTED] on behalf of Newsom Michael
Sent: Mon 3/20/2006 10:15 AM
To: Law & Religion issues for Law Academics
Subject: RE: Catholic Charities Issue

Actually Glendon’s point is debatable.  In the United States, the predominant pattern of violence is of violence visited by traditionalists on progressives, not the other way around.

 


From: Rick Duncan [mailto:[EMAIL PROTECTED]]
Sent: Thursday, March 16, 2006 12:16 PM
To: Law & Religion issues for Law Academics
Subject: RE: Catholic Charities Issue

 

Jeff Jacoby has an excellent column in today's Boston Globe here. And here is a money quote:

 

 

Note well: Catholic Charities made no effort to block same-sex couples from adopting. It asked no one to endorse its belief that homosexual adoption is wrong. It wanted only to go on finding loving parents for troubled children, without having to place any of those children in homes it deemed unsuitable. Gay or lesbian couples seeking to adopt would have remained free to do so through any other agency. In at least one Massachusetts diocese, in fact, the standing Catholic Charities policy had been to refer same-sex couples to other adoption agencies.

 

The church's request for a conscience clause should have been unobjectionable, at least to anyone whose pri! ority is rescuing kids from foster care. Those who spurned that request out of hand must believe that adoption is designed primarily for the benefit of adults, not children. The end of Catholic Charities' involvement in adoption may suit the Human Rights Campaign. But it can only hurt the interests of the damaged and vulnerable children for whom Catholic Charities has long been a source of hope.

Is this a sign of things to come? In the name of nondiscrimination, will more states force religious organizations to swallow their principles or go out of business? Same-sex adoption is becoming increasingly common, but it is still highly controversial. Millions of Americans would readily agree that gay and lesbian couples can make loving parents, yet insist nevertheless that kids are better off with loving parents of both sexes. That is neither a radical view nor an intolerant one, but if the kneecapping of Catholic Charities is any indication, it may soon be forbidden.

 

''As much as one may wish to live and let live," Harvard Law professor Mary Ann Glendon wrote in 2004, during the same-sex marriage debate in Massachusetts, ''the experience in other countries reveals that once these arrangements become law, there will be no live-and-let-live policy for those who differ. Gay-marriage proponents use the language of openness, tolerance, and diversity, yet one foreseeable effect of their success will be to usher in an era of intolerance and discrimination . . . Every person and every religion that disagrees will be labeled as bigoted and openly discriminated against. The ax will fall most heavily on religious persons and groups that don't go along. Religious institutions will be hit with lawsuits if they refuse to compromise their principles."

 

The ax fell on Catholic Charities just two years after those words were written. Where will it! have fallen two years hence?

 

 

Mary Ann's point is well-taken. If A, then B.

 

I wish I had thought of that!



 

 

Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

 


"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner


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