Discriminating on the basis of gender and sexual orientation is illegal in Canada. Yet in spite of this clear law, some think that their personal religious beliefs outweigh the civil rights of others… beliefs supposedly ordained by the sometimes metaphorical/sometimes literal god and the sometimes metaphorical/sometimes literal scripture sometimes dictated/sometimes merely inspired. When the law is enforced to ensure equality under it, the outcry from many in the religious community is that religion (and the right to express it) is what’s under attack by those evil forces of darkness known as secularists. This is a clue for the rest of us: when up becomes down and black becomes white, we know we’re dealing with people who don’t care about what’s true and are comfortable in their hypocrisy. This is especially revealing when the religious embrace their hypocrisy and claim that their right to discriminate is violated by enforced equality-of-rights laws. The ability to appreciate irony in action is obviously lacking in such people.
A recent case in point:
The owner of the Trails End Farmers Market (in London, Ontario, Canada) was presented Saturday with a petition containing the signatures of more than 4,000 people. About 30 protesters arrived at the Market on Dundas Street East shortly after 11AM to personally present Ed Kikkert, who’s owned the market for 28 years, with their petition, asking him to reconsider a decision last month to ban transgendered employees from working at Trails End. Kikkert received the petition and thanked the demonstrators for stopping by, but indicated he was not interested in how many people had signed the document.
He said his petition, with one signature, carried more weight. When asked by one of the demonstrators who signed his petition, Kikkert replied “Jesus Christ.”
Note that the owner has no theological problem working on his sabbath in spite of clear scripture that this is a rather serious no-no. He probably picks up sticks on this day, too. We are left with the kind of intricate moral quandary that bible supposedly clarifies: does god favour Ed’s father or brothers to stone him to death for these transgressions or should the wider community gather to carry out this enlightened punishment… in the name of jesus who upholds such a law, of course, whose decision should be the only one that matters apparently.
The absurdity of Ed’s hypocrisy in the name of jesus will be dismissed by other religious folk as being unrepresentative of christianity as a whole, that those who criticize the authority of scripture on the basis of such necessary hypocrisy do so only because they are unable or unwilling to appreciate a more sophisticated interpretation of god’s will in the matter (that is to say, unable to respect the correct cherrypicking of bits and pieces of scripture that agrees with a particular believer’s personal morality). But we can see how the claim to a higher authority derived from some personal religious belief like the kind Ed adheres to is in fact an unequivocal expression of a common religious belief that is antithetical to a shared acceptance of democratic and Enlightenment values and the equitable rule of law based on them. We can see that far from bringing people together to create a wider and more caring community so often advertised as religion’s central social contribution, religion just as easily can be used to drive a wedge between people, granting unearned and unjustifiable moral sanctity for some to discriminate against others only on the basis of cherrypicked religious belief.
As usual, we are left shaking our heads at how unreasonable and unfair some people can be while thinking themselves pious in their bigotry. But this kind of religious discrimination will never improve so long as so many of us continue to grant religious belief any kind of moral authority whatsoever in the public domain.
Are ‘honestly held beliefs’ reason enough to justify legal discrimination?
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” (Article 26, UN covenant on political and civil rights)
To support legal discrimination in a particular case means you must provide a reasonable justification to the benefit of all for that particular exemption against the general principle. This can be (and is) done when that justification can be shown to enhance the public good. For example, we can legally discriminate against all of us who have not achieved the age of majority or all of us who have been shown to be incapable of being responsible for our actions. Legal discrimination is permissible without breaking the principle of the covenant… but the justification must be the same FOR ALL.
Now let’s consider the idea of ‘honestly held beliefs’ to be the metric for varying what equality rights mean. The question can be formulated this way: does an ‘honestly held belief’ by another person constitute a reasonable justification to the benefit of all in your mind for the loss of your own equality before the law and the loss of its protection to guarantee them? Are you willing to have your legal rights be subject and hostage to the variability of another person’s honestly held beliefs?
There are a couple ways to come at answering this.
The straightforward answer here is either Yes or No. There is no middle ground. You are either willing to allow others (based on their ‘honestly held beliefs’) to determine the quality of your legal rights or you are not. The metric at work here is belief, and rests in the willingness to have your legal equality rights rights rest not with you, not empowered in and by the law, but in the belief-based opinion of others. This breaks the principle that currently supports legal equality for all of us… not just against those whose legal rights and protection you wish to limit for whatever beliefs you may deem important enough but your own. Supporting the notion that ‘honestly held beliefs’ is sufficient to devalue equality rights to personal preference of beliefs means that you do not support the principle that upholds your own.
The extent of privilege our societies grant to religious belief and the institutions and speakers who represent them is truly astounding. For example, returning to the UN covenant on political and civil rights, we find the following:
“Discrimination is allowed if it is based on genuine religious beliefs or principles. This includes the actions of religious bodies or schools.”
Take a moment and think about that. What does it really mean?
Well, it means that the previous principle for all has been replaced in practice by the beliefs of some. It means all people are not equal before the law; our shared equality rights are in fact subject to the religious beliefs (and principles contained within them) of others, others who would deny them first for ‘honestly held beliefs… before any other grounds of justification are introduced! Where is the universal justification for this discrimination that demonstrates its fairness and impartiality to the good of all? It’s absent; what we have are lot of assumptions and attributions and arguments and conclusions unsupported by compelling evidence. This is faith-based belief in action… simply presumed to be justified because it is religious. And that’s religious privilege in action and it undermines the very principle of YOUR legal rights, YOUR legal equality, YOUR legal protections. This religious privilege buolt on faith-based beliefs is incompatible with the very principle of equality law.
Another way to understand and appreciate the scope of craziness needed to sustain the argument of privileging ‘honestly held beliefs’ over and above and preceding equality rights for all is to apply the same reasoning, the same privilege, the same lack of independent justification to some other area of public interest. We have a host to choose from but let’s take a public water supply for our analogy and see how well the justification works.
The management of that public water supply is based on the principle of providing clean water for all… and we are all in agreement that this water should be safe for all to drink because all of us drink from it! But let’s say some people in the management team decide that certain privileged exemptions to that principle are justified by the ‘honestly held beliefs’ of those involved with providing this service, making the water supply safe for some but not for others. When people complain that their water supply is, in fact, contaminated – because some people honestly believe that the addition of industrial waste products containing toxins and carcinogenics to this part of the water supply but not that part at the request of certain industries to eliminate their waste is a net benefit to all, while reassuring the rest of us that we will continue to receive only a clean water supply – how is it a justification that doesn’t directly undermine the principle of clean water for all? Would the same exemption be allowed, for example, if the quality of everyone’s water supply – including the captains of these polluting industries and the management team themselves – were to be subject to the same vagaries of who received what quality of water when? Or would we as a municipality stand united and insist that the water supply be kept clean for all? Sure, the industrialists might complain that they have a real problem with their toxic wastes, but why should the quality of our water supply be their solution… any more than threatening our shared legal rights of equality be the solution to the demands of these religious for privilege to exercise their bias and discrimination in the name of the public good?