What Is Anti-Gay Speech? And How Protected Should it Be? (2 of 3)

Seyi Omooba is a British actress who shouted “Gay!” in a crowded theater.

Actually, it was more “Gay is wrong!” She made a social media comment saying that the Bible is clear that being gay is wrong and you can’t be born gay. (Let’s leave aside the question of whether those claims can even co-exist.) As a result, she lost a part in a play. She’s now suing the theater and her agent.

The first part of this series (1) summarized the incident; (2) argued that it’s Christians who say things about homosexuality, not the Bible; and (3) explored the free speech issue. Let’s continue with a thought experiment to see the case from another angle.

Justification

The Christian Legal Centre tried to minimize Omooba’s insult with this example:

The presence of a homosexuality theme in the play is a very poor excuse for discriminating against a Christian actress. If we were talking about a lesbian actress playing a Christian character, nobody would dare to suggest that her sexual lifestyle would make her unsuitable, and that you could fire her without breaking the law.

Are you kidding? Imagine a play with an out lesbian as Mary Magdalene or Mary the mother of Jesus. I can imagine the same thing happening in reverse: with the target audience largely Christian, a single tweet could ignite Christian outrage, and that actress would get replaced to avoid a theatrical flop.

But notice the difference: a lesbian playing Mary Magdalene wouldn’t be criticizing Christians, straight people, or the memory of Mary Magdalene. By contrast, Omooba stated in her post that homosexuals should deny who they are (or else!) while putting no equivalent constraint on herself or her fellow straight Christians. She also said that no one is “born gay.” (Does she think that all people who identify as homosexual are taking on a new persona as if living in some sort of perpetual Halloween?)

I’m sure that she felt that her post was a generous and constructive statement—that we’re all in the same imperfect boat and God loves you and has provided a route to salvation—but I think I share the offense felt by the actor who outed that five-year-old post. “Hate the sin; love the sinner” may be as distasteful for the homosexual as “I love you, but you’re going to hell” aimed at the atheist. In either situation, being told that you deserve an eternity of torture in hell for living your life in a way that is honest to who you are and that hurts no one else is simply offensive.

In one of the news articles I read on this incident, one commenter asked, would it be acceptable for someone with public antisemitic views to have a leading role in Fiddler on the Roof, a play with a Jewish theme? If the response is that this comparison is unfair because antisemitic views are fringe while Christian views that gays deserve to be in hell are not, why should “it’s a religious belief” cover for a hateful view? Does Christianity deserve a fig leaf just because it’s a venerable tradition?

What the Bible says about homosexuality

There are six Bible passages that are typically used to make God’s anti-gay case. Understand them, and you’ll see that they don’t make an anti-gay case, at least not one that is relevant today.

I’ll list them below and give a brief response. Links are given to posts that discuss them in more detail.

  • Genesis 19:4–25 is the story of Sodom and Gomorrah. The lesson of the Sodom and Gomorrah story isn’t that homosexuality is bad, it’s that rape is bad. More here and here.
  • Leviticus 18:22 labels homosexual sex as an abomination. The problem is, this part of Leviticus lists lots of things as abominations—eating ham or shrimp, men wearing women’s clothes, sowing two kinds of seeds, tattooing, wearing cotton/polyester blends, and so on. These are ritual abominations, not actions that are objectively harmful to someone else. If Christians can dismiss the prohibition against pork because that’s an outdated custom, they can do the same for the rule against homosexuality. More here.
  • The same treatment applies to Leviticus 20:13. We need to see Old Testament prohibitions against homosexuality in the context of the time. One of the understood categories of male-male homosexual sex in that uncertain time was as a fertility rite—a fertility rite that was traditional within the other tribes. The Hebrew religion described in Leviticus defined rules that set their tribe apart—no ham, no tattooing, and no fertility rites to another god. These are “abominations” because they’re religious offenses. More here.
  • Romans 1:26–27 says, in part, “The men abandoned the natural function of the woman and burned in their desire toward one another, men with men committing indecent acts.” This passage imagines straight men who “abandon the natural function of the woman” and have sex with other men. Yes, that’s kinky, but it has nothing to do with homosexuals in loving relationships. More here.
  • 1 Corinthians 6:9–11 lists categories of bad people, including those who engage in homosexual sex, who won’t “inherit the kingdom of God.” But the same book says, “Women should remain silent in the churches. They are not allowed to speak, but must be in submission, as the law says” (1 Cor. 14:34–5). If the latter is an outdated Old Testament custom, the same could be said for the former. More here.
  • 1 Timothy 1:9–10 gives a similar list. It mixes ritual abominations like homosexuality and idolatry with actual crimes like theft and murder. And it has its own misogyny: “I do not permit a woman to teach or to assume authority over a man; she must be quiet” (2:11–14). Like the 1 Corinthians 6 passage, this references back to Old Testament laws that we’ve seen are irrelevant. More here.

Remember the parable of the Good Samaritan? The Pharisee and the Levite walked past an injured man because they didn’t want to become ritually unclean. The Torah didn’t forbid touching blood or a dead person, it simply said that you would need to ritually cleanse yourself afterwards. The moral of the story isn’t just that you must help people in need. In addition, it’s that if there is a rule or tradition that gets in the way of your helping people, violate that rule. Outdated Old Testament laws belong in the same bin as Bible rules supporting slavery, and Christians have no problem seeing that slavery has no place in modern society.

Jesus himself showed how the priority works when he said, “The Sabbath was made for man, not man for the Sabbath.”

Concluded in part 3.

To make their faith right,
Christians first must make reality wrong.
— seen on the internet

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Image from christian buehner, CC license
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What Is Anti-Gay Speech? And How Protected Should it Be?

An actress was fired from a British theater production after she expressed her Christian views about homosexuality. She is now suing her agent and the theater.

This story pits Christian anti-gay viewpoints (which I hate) against free speech rights (which I like). Where is the right balance?

Background of the case

In September 2014, actress Seyi Omooba wrote a Facebook post that expressed her conservative Christian views about homosexuality. Her father is a pastor who advocates gay conversion therapy (so you can see where she gets it from). She said, in part:

It is clearly evident in 1 Corinthians 6:9-11 what the Bible says on this matter. I do not believe you can be born gay and i do not believe homosexuality is right, though the law of this land has made it legal doesn’t mean its right.

Fast forward to March, 2019, and she’s offered the role of Celie in “The Color Purple,” a character who has sex with another woman.

Another UK actor noticed the conflict between her conservative beliefs and those of her new role and tweeted:

Do you still stand by this post? Or are you happy to remain a hypocrite? Seeing as you’ve now been announced to be playing an LGBTQ character, I think you owe your LGBTQ peers an explanation. Immediately.

The tweet promptly generated a negative response, and Omooba’s agent asked her to retract her comments. She refused and was fired by the theater and dropped by her agent. She recently decided to sue them both.

The Christian Legal Centre, which is supporting Omooba in the case, said,

This is another in a string of cases involving Christians being hounded out of their careers because they love Jesus. . . .

This story sends a chilling message that if you express mainstream biblical views, you will be punished and lose your career if you do not immediately renounce your beliefs. This cannot go unchallenged and we are determined to fight for justice in this case.

Is this a “mainstream biblical view”?

She’s just sharing what the Bible says. What’s wrong with that?

What’s wrong is that her views aren’t what the Bible says but one interpretation of what the Bible says. It’s like Westboro Baptist Church, the tiny band of troublemakers with the “God hates fags” signs. Westboro has Bible quotes to back up everything they say. The reason millions of mainstream Christians aren’t rallying to their banner is that, here again, this is just one viewpoint. The Bible says lots of contradictory stuff and can be interpreted to say just about anything you’d like.

The interpretation a Christian picks is a choice. Omooba can’t say that her hands are tied and the Bible says what it says, so don’t shoot the messenger. She’s picking a conservative interpretation over an interpretation that would be more palatable in the West in the twenty-first century.

I do acknowledge that she may not be as free to change views that have been indoctrinated in her by a Christian upbringing as if she were, say, picking from a menu. My point is that she can see that her views are in the minority and that other Christians have chosen different views but worship the same god. She has no grounds for thinking that her view of homosexuality is the only one.

Free speech

(Note that this case was filed in the UK, so “free speech” is defined by UK laws.)

Omooba filed her lawsuit because “I want to make sure no other Christian has to go through something like this.” She says she’s fighting for the right to express her religious views.

But where’s the problem? She had and continues to have the right to express her religious views. What she’s unhappy about is that free speech can have consequences. She’s free to state her opinion, but then everyone else is free to object.

Omooba’s guarantee of free speech came from the government. The theater company presumably still had a contract with Omooba that allowed them to fire her for cause. Any theater company would be wary of a production that is controversial or might even be boycotted, and an anti-gay cloud is not what a theater would want for a show with a gay theme.

Part 2: the justification from her legal defense team + what the Bible actually says about homosexuality.

You want people to show your religion respect?
Then your religion is going to have to do
what every other organization on earth
that wants respect has to do:
stop being such a monumental, obnoxious
pain in the ass and earn it.
— seen on the internet

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Image from Vlah Dumitru, CC license
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Insight Into the Evangelical Persecution Complex

The Kim Davis story is just one log on the fire of imagined Christian persecution. Here is what their environment tells conservative American Christians:

  • Louisiana governor and presidential candidate Bobby Jindal said, “If you disagree with gay marriage, they put you in jail,” a perhaps deliberate misunderstanding of the Kim Davis fiasco.
  •  “Christian convictions are under attack as never before,” Republican candidate Mike Huckabee said. “We are moving rapidly toward the criminalization of Christianity.”
  • Rick Santorum’s 2015 film, “One Generation Away,” reveals how long he fears we have until religious rights are swept away by the jackbooted liberals.
  • God’s Not Dead, a film that imagines an America in which Christian students are persecuted by professors for their beliefs, was a surprise success in 2014 (my critique). Persecution porn is good business, and two sequels have followed (here, here).
  • Ratio Christi promoted God’s Not Dead 2 with “If Christians don’t take a stand today, will we even have a choice tomorrow?”
  • Pundits assure us that laws forcing pastors to conduct same-sex marriages are around the corner.
  • Pat Robertson, always quick to add thoughtful insight to bring a topic into focus, said, “Christianity, the founding principle of this nation, is criminalized. You go to jail if you believe in God and stand fast for your beliefs against the onslaught of secular humanism.”
  • Tom Gilson said, “Could it reach a tipping point, where it boils over into widespread, active anti-Christian violence? Yes. Most of the pieces are in place.”
  • Rev. Robert Jeffress recently said, “If the Democrats are successful in removing the president from office, I’m afraid it will cause a Civil War-like fracture in this nation from which this country will never heal.” Utah senator Mike Lee said something similar in 2018. And Rev. Jim Bakker in 2017.
  • And doesn’t the War on Christmas seem to come earlier each year?

Christians are told that if they’re not seeing Christian persecution they must not be looking hard enough. The Bible makes this clear in a dozen places.

All who desire to live godly in Christ Jesus will be persecuted (2 Timothy 3:12).

Do not be surprised, brethren, if the world hates you (1 John 3:13).

Blessed are you when men hate you, and ostracize you, and insult you, and scorn your name as evil, for the sake of the Son of Man (Luke 6:22).

Not only is persecution to be expected, it’s a blessed thing, and conservative leaders capitalize on this. They fan the flames of persecution to help rally (and shake money and votes out of) the faithful.

Atheist response

Most atheists and those who insist on secular government would be surprised to find themselves accused of being behind this persecution. The Persecuted may point to other countries where preaching the Bible’s anti-gay message is prohibited, but that’s not the United States. More to the point, in any situation where pastors were forbidden from preaching or Christians were jailed for being Christian, every atheist I know would rally to their side. (Ignoring the bluster to the contrary, Kim Davis wasn’t jailed for being Christian; she was jailed for not doing her job.)

Freedom of speech means nothing if it doesn’t protect offensive speech, and a society where Christians can’t freely speak is (or may soon be) a society where atheists also can’t freely speak.

Imagined persecution is kept alive by Christian excesses—a public school with a Jesus painting, a Bible quote on the wall, or coaches who force students to pray, for example. When they are sued to force them to stop, conservative Chicken Littles whine that the sky is falling, but there’s a difference between Christian rights and Christian excesses. When you have an unfair privilege and then that privilege is removed, you’re not being persecuted.

Why the persecution has traction

With atheists making clear that they want a secular public square where everyone can participate (yes, Christians, too), where’s the problem? Why doesn’t this defuse conservatives’ predictions of apocalypse, at least partially? I think the idea of persecution against Christians is a sticky idea because, if the roles were reversed, persecution is exactly what they’d do!

Let me illustrate with an anecdote from the book The Man Who Stayed Behind about Sidney Rittenberg, a U.S. soldier who helped the Chinese against the Japanese during World War II. He came to appreciate the struggle of the Communists and remained in China to help after the war was over.

During the Cultural Revolution, he worked as a translator in a press agency. Society was chaotic during this period, with little central control, and one faction within the organization took control. This faction acted in the traditional Maoist manner by stamping down all dissent. Rittenberg was part of an opposing group that said that one of the goals of the Cultural Revolution was openness, and that all voices should be heard.

Eventually, Rittenberg’s faction was able to seize control, but the story doesn’t have a happy ending. Despite Rittenberg’s efforts, his faction reverted to the only way they knew to rule, the same tactics they’d been fighting—totalitarianism. Openness was important when it suited them, but they in their turn shut it down when it became inconvenient.

Maybe it’s the different moral thinking that governs liberals and conservatives. Maybe Christianity’s totalitarian past reveals a theme that still animates Christians today. Efforts by some Christian leaders (or conservative politicians, who are often indistinguishable) to have things their way without compromise, reveal their view of how power should work. If atheists gained more power, they imagine, wouldn’t they do things the same way?

For a quantitative example of how secular America is the good guy, consider one of conservative Christians’ favorite demons, the ACLU. The ACLU (dedicated to preserving “the individual rights and liberties guaranteed by the Constitution and laws of the United States.”) has taken on two hundred religious legal cases in the last twenty years. In more than half of them, the ACLU took the side of Christians. The ACLU defends free speech and religious rights for all Americans, Christians included. Similarly, atheists want a secular public square for the benefit of everyone.

Lay Christians are surrounded by conservative leaders eager to amplify perceptions of persecution, but if those ordinary Christians would listen to us, they might find that secularists simply want a society that benefits everyone.

Ignorance, misery, and fear
[is] the soil in which religion flourishes best.
— Linda LaScola and Daniel Dennett

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(This is an update of a post that originally appeared 9/11/15.)

Image credit: Wikimedia
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Outrageous Kim Davis: JFK Showed How It’s Done

In 2015, Kentucky county clerk Kim Davis decided that she would ignore the obligations of her job and pick what parts she would and wouldn’t perform. She imagined that the Bible makes a clear, relevant statement against homosexuality (it doesn’t) and refuse to issue marriage licenses because some of those would be for same-sex couples (more in part 1).

Let’s turn to a more famous church/state clash to see a different, less selfish way to approach public service.

We’ve seen this before

John F. Kennedy ran for president in 1960. Some Americans were concerned that JFK, as a Catholic, would see the pope as a higher authority and answer to him rather than the Constitution or the American people. One radio evangelist of the time said, “Each person has the right to their own religious belief [but] the Roman Catholic ecclesiastical system demands the first allegiance of every true member and says in a conflict between church and state, the church must prevail.”

In other words, how did we know that JFK wouldn’t do a Kim Davis?

JFK famous responded to this challenge:

I believe in an America where the separation of church and state is absolute, where no Catholic prelate would tell the president (should he be Catholic) how to act, and no Protestant minister would tell his parishioners for whom to vote; where no church or church school is granted any public funds or political preference; and where no man is denied public office merely because his religion differs from the president who might appoint him or the people who might elect him.

I believe in an America that is officially neither Catholic, Protestant nor Jewish; where no public official either requests or accepts instructions on public policy from the Pope, the National Council of Churches or any other ecclesiastical source; [and] where no religious body seeks to impose its will directly or indirectly upon the general populace or the public acts of its officials. . . .

I believe in a president whose religious views are his own private affair, neither imposed by him upon the nation, or imposed by the nation upon him as a condition to holding that office.

JFK explicitly rejected what Kim Davis embraced. That’s how it’s done.

The U.S. Constitution calls the tune

The bottom line is that the Bible isn’t the supreme law of the land—the Constitution is.

Be not confused: the United States doesn’t exist and run because God said so; instead, Christians can preach and worship because the Constitution says so. If the law offends you, you can argue that it’s unjust, you can work to have it changed, or you can leave. We have a 100% secular constitution that defines a 100% secular means for making, changing, and upholding laws.

I hear Pakistan puts God first in their law—maybe Kim Davis would like that better.

“The sky is falling!”

Conservatives were quick to tell us that this incident was the beginning of overt Christian persecution. A Christian Post columnist at the time said, “For years now I and others have been warning that committed Christians could soon face jail time in America for holding to our convictions.”

Not really. Christian county clerks can object to same-sex marriages, Christian pharmacists can object to emergency contraceptives, Muslim flight attendants can object to serving alcohol, and Christian bakers and photographers can object to same-sex weddings, but do your job. Don’t sign up, then claim oppression and refuse to do what you promised to do.

To anticipate some jobs that a devout Christian might belatedly realize conflict with biblical principles, Huffington Post has a list of jobs to avoid. You wouldn’t want to be a clerk selling mixed fabrics (which are explicitly prohibited by the Bible), fishing for shellfish (prohibited), or teaching as a woman (prohibited). Are these examples ridiculous? Then ditto a clerk who objects to same-sex marriage (not explicitly prohibited) but has no problem with marrying divorced people (prohibited).

Another Christian Post columnist said, “Every serious biblical Christian will have to consider what to do now—whether a baker being asked to provide a wedding cake for a same-sex marriage against her conscience, a county clerk faced with issuing a marriage license to a homosexual couple, or a pastor being requested to perform a wedding between two women or two men.” Let me answer that for you: the baker is obliged to follow public accommodation laws that prohibit discrimination, county clerks must do their jobs, and the U.S. has laws protecting pastors.

This last one is always on the list, even though pastors are protected, both by the First Amendment and by Supreme Court precedent. Remember Loving v. Virginia, the 1967 Supreme Court decision that made mixed-race marriage legal? That is binding only on governments, not pastors. Pastors can and do refuse to perform mixed-race marriages. The same is true for same-sex marriages. Even the Family Research Council (a Christian organization) agrees. Hysteria about constraints on the clergy is popular because it rallies the troops, not because it’s realistic.

This reminds me of Glenn Beck’s hysteria on the eve of the Obergefell decision legalizing same-sex marriage. He declared that there were upwards of 10,000 pastors “that I think will walk through a wall of fire, you know, and possible death.”

Who did he imagine on the other side with the flaming torches?

Kim Davis: another Rosa Parks?

Rosa Parks was the African-American woman who refused to sit in the back of the bus in 1955. One of Kim Davis’s supporters finds much similarity between the two women. If Rosa Parks shouldn’t have to get off the bus, why should Kim Davis? He asks, “Will Kim Davis be the Rosa Parks of the movement?”

The difference, of course, is that Rosa Parks had her civil rights infringed upon, while Kim Davis is trying to infringe on the civil rights of others. If Kim Davis feels that the Bible has something to say about Obergefell, she can express that view, and every atheist I can think of will support her right to free speech. What she can’t do is impose that outside the law.

Will Kim Davis be the Rosa Parks of the conservative anti-same-sex marriage movement? A four-times-married person setting herself up as the arbiter of marriage might indeed be an appropriate saint for this ridiculous up-is-down and Ignorance-is-Strength movement.

Related post: “Being on the Wrong Side of History on Same-Sex Marriage? Worse than You Think.”

If you have to explain,
“I’m doing this out of love,”
it ain’t love.
— seen on the internet

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(This is an update of a post that originally appeared 9/8/15.)

Image credit: Wikimedia
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