Putting the Bible on Trial

 
Is the Bible Hate Speech? Or is Bradley Lashawn Fowler a troubled man with a nuisance law suit? Jennifer Roback Morse looks at the trends behind this disturbing case.
 
September 23, 2008
by Jennifer Roback Morse
 

Bradley Lashawn Fowler, a gay man, claims that Christian publishing powerhouses, Zondervan Publishing and Thomas Nelson Publishing infringed his constitutional rights.  Fowler alleges the companies' bibles' references to homosexuality as a sin made him an outcast from his family and contributed to physical discomfort and periods of "demoralization, chaos and bewilderment."  According to a local TV station, "his family's pastor used that Zondervan Bible, and because of it his family considered him a sinner and he suffered. Now he is asking for an apology and $60 million, 'to compensate for the past 20 years of emotional duress and mental instability.'"

When I first saw this case, I thought it was an example of gay activist overreach. But on closer examination, it looks more like a disturbed guy looking for some combination of attention and lawsuit winnings. The news stories make him sound more coherent than he sounds on his website.

The analysis on his website is riddled with misspellings and illogicalities. Here is a verbatim, cut and paste, quotation from his website, with no changes to his spelling or grammar:

"After being raised with a religious background and being taught that being gay or a homosexual was a sin, I learned to keep my sexual identity hidden. And like so many other's, who too, feel the same, this state of mind derived from religious up-bringing. That's why I was completely distraught after discovering the term-homosexual-was added to the bible, in 1982, and then removed, in 1994 without any consideration to the many victims who committed suicide or were murdered because of their sexual preference of homosexuality."

One wag in the blogosphere discovered that Fowler has a criminal record going back to the 1980's.  But the fact that he is neither the sharpest knife in the drawer nor the world's most respectable plaintiff doesn't make me feel any better. The court seems prepared to take him seriously. The judge wrote, "The court has some very genuine concerns about the nature and efficacy of these claims."   Established, respected publishing houses are being held up for blackmail by the emotional distress of one troubled individual.

It is easy to believe that Bradley Almighty, as he calls himself, was unhappy that people around him regarded homosexual acts as sinful. What is not so easy to understand is why people in general and homosexuals in particular should be protected from every instance of bad feelings. What, if anything, makes the Zondervan and Nelson publishing companies culpable for Bradley's feelings?  What, if anything, makes Bradley's feelings especially worthy of protection?  

Fowler's claim is that the teachings of the Bible, and the particular translations that Zondervan published, led to violence against homosexuals.  Obviously he can not prove a direct causal connection between the Bible's disapproval of homosexual behavior and physical violence against homosexuals. But if indirect evidence were acceptable, the pornography industry would be out of business. It is far more compelling to believe that men are motivated to acts of violence against women by the pornography than that Christians are motivated to acts of violence against homosexuals by a few verses in the bible.  The pornography industry will not be pleased with Mr. Fowler, if he succeeds in setting a precedent establishing culpability for such an indirect harm.

And speaking of pornography, the famous Hustler magazine case against Jerry Falwell also argues against Fowler's claims.  Jerry Falwell sued Hustler for the emotional distress he endured as a result of a completely fabricated and patently offensive parody suggesting he was guilty of incest and alcoholism. The Supreme Court held that the First Amendment's freedom of speech protection extended to Hustler magazine, and Falwell could not collect damages for emotional distress.

While this particular case may end up just being a spurious project of one unbalanced man, we have every reason to be concerned about the trend it signals.  The Canadian Human Rights Commission investigated a priest for teaching that marriage is between a man and a woman. The priest quoted the Bible, the Catechism of the Catholic Church and Papal Encyclicals.  A Canadian Evangelical pastor has been ordered to remove material from his website, and to never again express moral opposition to homosexuality. 

As Fowler's Michigan case goes forward, we will see whether the First Amendment's right to the free exercise of religion will get the same deference as the right to free speech. Or, we will find out whether sexual orientation creates such a strongly protected class that even the First Amendment's right to religious expression and free speech can be trumped by the most thin-skinned and unstable homosexual who happens to present himself to the courts.

Whatever becomes of Bradley Fowler's particular suit, we can't brush off the underlying pattern.  In the name of tolerance and human rights, the State is being enlisted to squeeze religious speech and to harass people of faith.


When did the Bible become 'hate speech'?

"Four years ago, I wrote an article entitled Thinly Disguised Totalitarianism for the religious journal First Things, surveying the erosion of Canadian religious liberty under various regulatory bodies, professional associations and human rights tribunals. I wrote then that 'there are no restrictions on freedom of worship in Canada today.' That's no longer true.

As Ezra Levant details below, the Stephen Boissoin case is an egregious assault on religious liberty, press freedom and freedom of speech. And for those of us who previously underestimated the threat to religious liberty, it serves as a rude correction.

The judgment of the Alberta Human Rights and Citizenship Commission (AHRCC) against the Reverend Stephen Boissoin, a Protestant youth pastor, is a direct violation of his religious liberty. Whatever his 'guilt' --and who is not guilty before the human rights commission? -- the judgment requires him to write an apology abjuring his views on homosexuality, and prohibits him and the Concerned Christian Coalition from making 'disparaging' remarks about homosexuals.

It is not specified what the AHRCC might consider 'disparaging,' but simply reading in public -- as in a sermon -- the Biblical admonitions against homosexual acts is not precluded. Indeed, the scope of the AHRCC order is so wide that it effectively says that Rev. Boissoin may not speak publicly on homosexuality ever again, unless he changes his opinion."

Father Raymond J. de Souza
National Post

http://www.nationalpost.com/story-printer.html?id=ceebc006-06cc-4aa8-ad1a-5e3f7f5c8229


Gov. Arnold Schwarzenegger will decide pending legislation to declare an annual "Harvey Milk Day" in California schools commemorating Milk's lifelong advocacy of gay rights

The Sacramento Bee reports that "AB 2567 would encourage public schools to observe Harvey Milk Day and to conduct 'suitable commemorative exercises.'

Gov. Arnold Schwarzenegger has taken no position on the bill, which awaits action in the Senate after passing the Assembly, 45-28, with most Republicans voting no.

Randy Thomasson, of Campaign for California Children and Families, which opposes AB 2567, said the bill is a new tactic in a long push to portray homosexuality in a positive light to kids.

'Harvey Milk Day is the equivalent of having Gay Day at every school in the state,' he said."

Sacramento Bee

http://www.sacbee.com/111/story/1112044.html


Priest investigated for quoting Bible

"A priest is being investigated as a potential criminal under a federal 'hate crimes' law for quoting from the Bible, and he's being targeted using a Canadian provision under which no defendant ever has been acquitted, according to a new report.

Pete Vere, a canon lawyer and Catholic journalist, has reported on the prosecution of Father Alphonse de Valk, a pro-life activist known across Canada, by the Canadian Human Rights Commission – 'a quasi-judicial investigative body with the power of the Canadian government behind it' – at CatholicExchange.com."

"De Valk, who publishes the Catholic Insight magazine that 'bases itself on the Church's teaching and applies it to various circumstances in our time,' is accused by a homosexual of promoting 'extreme hatred and contempt' against homosexuals.

Vere said, however, the priest is simply following the teachings of the Bible and the examples of Popes John Paul II and Benedict XV by stating that Christians must love homosexuals and treat them with dignity due humans.

Besides the complaints against the priest... other cases already have substantiated the Canadian precedent that Christian beliefs can be evidence for convictions.

In 2005, a Knights of Columbus council was fined more than $1,000 for refusing to allow its facility to be used for a lesbian 'wedding,' and before that printer Scott Brockie was fined $5,000 for declining to print homosexual-themed stationery. Also, in Saskatchewan, Hugh Owens was fined thousands of dollars for quoting Bible verses in a newspaper and London, Ontario, mayor Diane Haskett was fined $10,000 for refusing to proclaim a homosexual pride day, Vere enumerated.

Bishop Fred Henry has described the situation as 'a new form of censorship and thought control.' Those are the same words leading Christians in the United States have used to describe the most recent 'hate crimes' plan before the U.S. Congress, which specifically targeted for elimination criticism of alternative sexual lifestyles."
WorldNetDaily

http://www.wnd.com:80/index.php?fa=PAGE.view&pageId=66247


  Jennifer Roback Morse
Jennifer Roback Morse, Ph.D. brings a unique voice to discussions of love, marriage and the family. A committed career woman before having children, she earned a doctorate in economics, and spent fifteen years teaching at Yale University and George Mason University. The devastating experience of infertility changed her life and her research program, for the better! In 1991, she and her husband adopted a two year old Romanian boy, and gave birth to a baby girl. She left her full-time university teaching post in 1996 to move with her family to California. She was a Research Fellow at Stanford University's Hoover Institution. She is now a part-time Research Fellow at the Acton Institute for the Study of Religion and Liberty, and writes and speaks about love, marriage and the family. Until August 2006, Dr. Morse and her husband were foster parents for San Diego County, where they now reside.

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