Hadley Arkes is one of the most intelligent and funniest lecturers I have ever had the pleasure of listening to. He is the Groucho Marx of political thought. He has this excellent piece in the Daily Standard on a Clinton appointed judge blocking the implementation of a religiously biased program on homosexuality in Montgomery County Maryland. But the religious bias belongs, surprise, to the left.
A FEDERAL DISTRICT JUDGE IN Maryland has jolted the local liberal establishment in Montgomery County by blocking a pilot program in sex education. The program was designed to sweep away the "myths"--the lingering moral inhibitions and retrograde theological teachings--that apparently feed reservations, still widely held, about homosexuality and same-sex marriage. Judge Alexander Williams Jr. put the kibosh on this plan, and the jolt has had a deeper resonance, not least because Williams happens to be a Clinton appointee.
The program aims, in large part, to prevent discrimination against homosexuals. That is an aim which I endorse. But in doing so as part of a government sponsored program, the authors commit obvious violations of the establishment clause.
As for biblical teaching, the committee noted that the Bible contains numerous passages condemning the practices of heterosexuals. Among the things condemned have been "adultery, incest, wearing clothing made from more than one kind of fiber, and eating shellfish, like shrimp and lobster." The implication, of course, is that the Jewish rules on kashrut in eating and clothing are just so many conventions that most thoughtful people would regard as quaint, without moral force. "Fortunately," said the committee, "many within organized religions are beginning to address the homophobia of the church," by which they mean, of course, the Catholic church. By way of contrast they laud, among others, the Union of American Hebrew Congregations, the Unitarian Universalist Association, and the Society of Friends (Quakers), for supporting "full civil rights for gay men and lesbians." Catholics, Evangelicals, Mormons, Orthodox Jews--these are apparently the retrograde religions, for in holding to their traditional teaching, even as they minister to gays and lesbians, they deny the civil rights of these Americans.
A state government may certainly promote tolerance. It may not promote the view that some religions are advanced and others retrograde.
As Williams noted, the curriculum "juxtaposes this portrait of an intolerant and Biblically misguided Baptist Church against other, preferred Churches, which are more friendly towards the homosexual lifestyle." In particular, the curriculum "plainly portrays Baptist churches as wrongly expressing the same intolerant attitude towards homosexuals today as they did towards African Americans during segregation." Williams observed that Baptists were presented here as "unenlightened" and "misguided" and wanting in the "tolerance" that marked the enlightened religions. In the name of secularism, or detachment from religion, the board was doing nothing less than establishing one segment of the religious in the country as less legitimate, less in accord with the liberality of the laws, and yes, less to be tolerated. So much for the Establishment Clause.
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