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April 11, 2006

Christians Sue for Anti-Gay Free Speech

Ruth Malhotra, a student at the Georgia Institute of Technology, has filed a lawsuit claiming her right to religious expression is being violated by the Institute’s ban on discrimination against homosexuals. As I understand it, her complaint is that she is not being allowed to speak out against homosexuality on campus.

I’m very curious where the ACLU would come down on this one. After all, the U.S. Supreme Court has been pretty clear that when it comes to speech, the government ought to back off. In its 1971 decision, Cohen v. California, the Court considered the case of a man who, in a protest against the Vietnam War, was arrested for wearing a jacket with the words “Fuck the draft” printed on it. The Court overturned his 30 day prison sentence, saying, “one man’s vulgarity is another’s lyric” and rejected the state’s role as “guardians of public morality.”

As truly abhorrent as Malhotra’s speech is, we have to ask ourselves about whether we are willing to tape over someone’s mouth because we don’t like what they have to say, and particularly on that bastion of free speech that is the college campus. Speech is a heck of a lot different than action – if Malhotra thinks she or any other Christian ought to be able to deny a homosexual of his or her rights, that is another matter.

I oppose efforts to overturn diversity training and anti-discrimination policies, and without a doubt groups that are working to that end are also supporting Malhotra’s effort to overturn anti-speech policies. That is not sufficient reason, however, to set aside the First Amendment.

As I understand it, the First Amendment allows Christians to wear anti-gay T-shirts, denounce Gay Pride Month, or otherwise say whatever they want to say. Along with that freedom comes responsibility – this outspoken intolerance has repercussions, and those who engage in it have no legitimate reason to complain if people exercise their own constitutional rights in response by exercising some free speech of their own or ostracizing those who speak out against homosexuality. Unfortunately, this basic understanding seems to have been overlooked in the Malhotra case:

"What if a person felt their religious view was that African Americans shouldn't mingle with Caucasians, or that women shouldn't work?" asked Jon Davidson, legal director of the gay rights group Lambda Legal.

I contend that the First Amendment would allow that person to be as outspoken as they liked about their opinion. And the fact that many people actually feel that way, but are reluctant to admit it, tells me that we don’t need a law to protect us from horrible speech. Anyone who advocates racism or sexism is ostracized. I don’t doubt that we’re heading to a time when the same will be true about homosexuality.

Posted by Becky at April 11, 2006 09:09 AM