The Land of the Free*

Written 11/2/08

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(*white middle-class straight Protestant male)

As we go to the polls this political season, let’s remember that it isn’t our government’s responsibility to make Americans live by biblical principles. God has charged us to make disciples; we’re simply being lazy and irresponsible when we try to push our job on the government. Can we please realize that the only effective way to change a person’s mind and/or behavior is to first change his heart. If your desire for America is that she be a nation that follows after God, then do your job. Don’t elect politicians to do it for you; that’s not why they’re there.

Our Constitution was drafted to allow for a religiously pluralistic nation where every person could worship according to the dictates of his or her own conscience. Our founding fathers also made explicitly clear (and to them it was “self evident”) that their desire was that our country would operate on the principles that a) “all men are created equal” and b) are endowed by their Creator with certain unalienable rights.” Those rights include “life, liberty, and the pursuit of happiness.” Therein lays the responsibility of our government: to ensure those central principles and rights are protected for each individual citizen of these United States of America.

In the recent centuries of our country’s history, we have seen these “certain unalienable rights” (which today we’ve termed “civil rights”) expanded to include groups to whom, traditionally, these did not pertain. Most notably they were first expanded to include all citizens (as opposed to only those who owned property), then to black males, and then to women (all of whom must first qualify as adults). I, for one, am very glad for this progression. As a single black female with no intention of marrying in the near future, I appreciate the fact that when I start grad school, I won’t have to drag my father up to NY or out to Cali to persuade the school board that despite the fact that I’m black and female I do have some amount of scholastic ability (and maybe even a little general worth). He also won’t have to register me as a student, since my signature wouldn’t be worth anything (afterall, no matter what color I am, I’m still just a woman). I also appreciate the removal of the federal pressure to marry (now, if only the rest of society could be so kind). Anyway, I said all of that to say that progress isn’t necessarily evil. In fact, some would argue that it’s pretty darn great (which I just did, but that’s beside the point).

The problem with the occurrence of progress in America’s history is that is seldom the “popular” thing to do. In fact, it is so seldom the “popular” thing, that I can’t think of a single occurrence where progress, in the way I’ve chosen to use it here, was popular. It was unpopular to forbid employers from firing Irish immigrants solely because they were Irish. It was unpopular to extend voting or property rights to women. It was unpopular to extend any rights whatsoever to slaves (afterall, they were only 3/5th of a person). It was unpopular to grant property rights to those who didn’t attend church, thereby keeping them for voting. It was unpopular to allow blacks and whites to attend the same schools. It was unpopular to allow interracial couples the right to marry (afterall, we wouldn’t want to validate their sin, which is a whole different conversation). However, all of those things now exist and are pretty popular ideas. Why? I’m glad you asked. The courts are the reason why. Because when the legislative and executive branches of our government refused to do what was right (or, if you prefer, they listened to the will of the people), the judicial branch picked up the slack and did what needed to be done. They understood the spirit of what our forefathers wanted and interpreted the Constitution thusly. They knew that if left up to “popular” vote, very few of us would have any rights at all. They “legislated from the bench,” and I appreciate that. I appreciate the fact that someone in a position of power/privilege saw an injustice being done to a group of people and did something about it. Thanks to them, we all now have the right to never be discriminated against on the basis of race, ethnicity, sex or gender (though this doesn’t include sexuality (real or perceived) or gender expression), class, or religion.

Case in point, the civil rights of one group should never, under any circumstance, be left up to a majority vote. If it were popular to extend the rights in question, it wouldn’t have to be put up for a public vote. Some legislative or executive body would’ve already taken care of it. We are simply asking for all kinds of serious trouble every time the rights of a minority are voted on by the populous. We run the risk of setting the precedent of discrimination, which is something we should all greatly fear. Just because you’re not in that particular minority today, doesn’t mean that you won’t be in some minority someday. And when that day comes, you’re going to wish to God that you had stood for that other group, because now no one’s left to stand for you. Martin Niemoller, who witnessed the Nazi rise to power, had this to say (I think you’ll recognize it):

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I was not a Jew.

When they came for me,
there was no one left to speak out.

Discrimination should never be an American value. I beg you: please, never lend your vote to any type of legislation that seeks to discriminate between two groups; that attempts to somehow put one group of people above another; that wants to say that one group is in someway more deserving of whatever right than the other group. If you choose to do this, well, then I hope that your right to religious freedom is never up to “popular” vote; there may not be anyone left to help you defend it.