Another Revisiting of the First Amendment

I want to revisit the assault upon the First Amendment this week.  But before I look at the assault, I thought perhaps it would be good for all of us to just re-read that First Amendment to our United States Constitution, passed by Congress in 1789 and ratified in 1791.  The First Amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."  It seems to be rather straightforward in what it says, and yet the First Amendment has been the topic of more confusion than perhaps any other section of the Constitution.  And the assault upon it's foundational truths continues yet today.  Here are a few examples:


In Idaho, Pastor Donald Knapp and his wife Evelyn have owned The Hitching Post wedding chapel for 25 years.  Both are licensed ministers.  They have been informed by their city government that refusing to "marry" a same-sex couple will cause them to be sent to jail.  Earlier this month the State of Idaho approved same-sex marriage and, as in other states where similar measures have been adopted, problems for those who hold to a biblical view of marriage become evident.  According to an article in Tony Perkin's Washington Update, dated October 20, 2014, "For Donald and Evelyn, there was never any question what the duo would do.  Unapologetically Christian, the husband-and-wife team is overtly religious, marrying couples with faith-driven vows, and even offering marriage sermons on CD to newlyweds."  Yet the city authorities have said that unless they conformed to the new law, they would be fined up to $1,000 a day for every day they refuse to perform the ceremony and have 180 days in jail. 


"FRC (Family Research Council) warned this movement was coming, but even we didn't expect the government to move this quickly.  'The other side insisted this would never happen - that pastors would not have to perform same-sex marriage,' ADF (Alliance Defending Freedom)'s Jeremy Tedesco told Fox News's Todd Starnes.  'The reality is - it's already happening.'  Government officials are making it clear that they'll use their power to punish anyone who opposes the agenda of homosexual activists.  It's a scary turnaround for a nation founded on the same free exercise of religion, which is now punishable by six months in prison.  When there are plenty of other options for homosexuals seeking a marriage license, why should they be able to use the power of government to force Christians to participate?"


Then there is the case of a young student attending the University of New Mexico who was punished for criticizing lesbians.  The article is posted at: www.wnd.com/2014/10/judge-rules-on-student-punished-for-criticizing-lesbians.  The article was written by Bob Unruh and posted on October 20.  "The University of New Mexico and one of its professors will face trial on a charge of violating the constitutional rights of a student punished for expressing her opinions about lesbianism in a class described by the instructor as having 'controversy built right into the syllabus.'  Chief U.S. District Judge M. Christina Armijo denied a motion by the university to dismiss a case brought by student Monica Pompeo, who claimed she was improperly dismissed from the class for describing lesbianism as perverse in an assigned critique of a lesbian romance film.  The course, 'Images of (Wo)men: From Icons to Iconoclasts,' was taught by professor Carolyn Hinkley in 2012.  Judge Armijo, in her Sept. 29 order, wrote that the First Amendment 'violation in this case arises from the irreconcilable conflict between the all-views-are-welcome description of the forum and [the professor's] only-those-views-with-which-I-personally-agree-are-acceptable implementation of the forum.  "Hinkley wrote in the syllabus: 'It's quite clear that we do not expect anyone to necessarily agree with the positions and arguments advanced in our work.  There's controversy built right into the syllabus, and we can't wait to hash out our differences.  But when she assigned students to watch and write about 'Desert Hearts,' a 1985 lesbian romance film, Pompeo said Hinkley refused to read beyond the first two pages of her harsh critique.  The professor described Pompeo's opinion as 'inflammatory and offensive' hate speech and said it would be in her best interest to drop the class."


In a rare victory, Judge Armijo ruled on behalf of the plaintiff, Ms. Pompeo.  She wrote, "Plaintiff has made out a case that no reasonable educator could have believed that by criticizing lesbianism, plaintiff's critique fell outside the parameters of the class, given the description of the class set out in the syllabus.  The court questions whether a university can have a legitimate pedagogical interest in inviting students to engage in 'incendiary' and provocative speech on a topic and then punishing a student because he or she did just that.  Simply because plaintiff expressed views about homosexuality that some people may deem offensive does not deprive her views of First Amendment protection.  Plaintiff has made out a plausible case that Hinkley ostracized her because of Hinkley's personal disagreement with plaintiff's ideology, and not for legitimate pedagogical purpose."  May this judge's kind increase.


And the battle continues in Houston.  The Mayor changed the language of the subpoena last week, dropping the word "sermon" and replacing it with the word "speech."  In effect, it did not change the subpoena at all.  But the nation, despite the lack of any media coverage, except by Fox News, has rallied around those five pastors.  Former Arkansas governor, Mike Huckabee, encouraged pastors across America to send Houston Mayor Annise Parker a sermon, and perhaps send her a Bible as well.  Martial arts champion and television star, Chuck Norris, said the action of the Houston Mayor reminded him of the words of Forrest Gump and his mother, "Stupid is as stupid does."  In an article, posted at www.wnd.com/2014/10/houston-5-pastor-sermon-fight-hit-nerve-for-america, Bob Unruh quotes from Pastor Wilfredo De Jesus of the New Life Covenant Church in Chicago: "It's a sad day in the United States of America, in the land of the free, when the First Amendment rights of religious leaders are being trampled on by a mayor for political gain and/or exposure.  I accept the fact that what I preach may be considered by some as controversial and not accepted as popular.  What I will not accept is a government body deploying bullying tactics that perpetuate an environment of hate toward Christians and bigotry toward Christian beliefs."  Stay tuned - this conflict in Houston is not over, yet. 


I want to close with a reference to some thoughts from Billy Graham.  You can find the entire article at: www.cnsnews.com/mrctv-blog/michael-w-chapman/rev-billy-graham-america-just-wicked.  Dr. Graham states, "Even though America is just as wicked as Sodom and Gomorrah ever were, and as deserving of the judgment of God, God would spare us if we were earnestly praying, with hearts that had been cleansed and washed by the blood of Christ.  The problems of the world will never be settled unless our national leaders go to God in prayer.  If only they would discover the power and wisdom that there is in reliance upon God, we could soon see the solution to the grave problems that face the world.  Today the world is being carried on a rushing torrent of history that is sweeping out of control.  There is but one power available to redeem the course of events, and that is the power of prayer by God-fearing, Christ-believing people."  And to that I will said a hearty "Amen!"