Friday, April 21, 2006

Fighting For the First Amendment

Consider the tale of Ruth Malhotra in the LA Times:

Ruth Malhotra went to court last month for the right to be intolerant. Malhotra says her Christian faith compels her to speak out against homosexuality. But the Georgia Institute of Technology, where she's a senior, bans speech that puts down others because of their sexual orientation.

Malhotra sees that as an unacceptable infringement on her right to religious expression. So she's demanding that Georgia Tech revoke its tolerance policy. With her lawsuit, the 22-year-old student joins a growing campaign to force public schools, state colleges and private workplaces to eliminate policies protecting gays and lesbians from harassment. The religious right aims to overturn a broad range of common tolerance programs: diversity training that promotes acceptance of gays and lesbians, speech codes that ban harsh words against homosexuality, anti-discrimination policies that require college clubs to open their membership to all.

The legal argument is straightforward: Policies intended to protect gays and lesbians from discrimination end up discriminating against conservative Christians. Evangelicals have been suspended for wearing anti-gay T-shirts to high school, fired for denouncing Gay Pride Month at work, reprimanded for refusing to attend diversity training. When they protest tolerance codes, they're labeled intolerant.

A recent survey by the Anti-Defamation League found that 64% of American adults - including 80% of evangelical Christians - agreed with the statement "Religion is under attack in this country."

"The message is, you're free to worship as you like, but don't you dare talk about it outside the four walls of your church," said Stephen Crampton, chief counsel for the American Family Assn. Center for Law and Policy, which represents Christians who feel harassed.

Others fear the banner of religious liberty could be used to justify all manner of harassment. "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.

Christian activist Gregory S. Baylor responds to such criticism angrily. He says he supports policies that protect people from discrimination based on race and gender. But he draws a distinction that infuriates gay rights activists when he argues that sexual orientation is different - a lifestyle choice, not an inborn trait.

By equating homosexuality with race, Baylor said, tolerance policies put conservative evangelicals in the same category as racists. He predicts the government will one day revoke the tax-exempt status of churches that preach homosexuality is sinful or that refuse to hire gays and lesbians. "Think how marginalized racists are," said Baylor, who directs the Christian Legal Society's Center for Law and Religious Freedom. "If we don't address this now, it will only get worse."

Christians are fighting back in a case involving Every Nation Campus Ministries at California State University. Student members of the ministry on the Long Beach and San Diego campuses say their mission is to model a virtuous lifestyle for their peers. They will not accept as members gays, lesbians or anyone who considers homosexuality "a natural part of God's created order."

Legal analysts agree that the ministry, as a private organization, has every right to exclude gays; the Supreme Court affirmed that principle in a case involving the Boy Scouts in 2000. At issue is whether the university must grant official recognition to a student group that discriminates.

The students say denying them recognition - and its attendant benefits, such as funding - violates their free-speech rights and discriminates against their conservative theology. Christian groups at public colleges in other states have sued using similar arguments. Several of those lawsuits were settled out of court, with the groups prevailing.

In the public schools, an Ohio middle school student last year won the right to wear a T-shirt that proclaimed: "Homosexuality is a sin! Islam is a lie! Abortion is murder!" But a teen-ager in Kentucky lost in federal court when he tried to exempt himself from a school program on gay tolerance on the grounds that it violated his religious beliefs.

Malhotra said she had been reprimanded by college deans several times in the last few years for expressing conservative religious and political views. When she protested a campus production of "The Vagina Monologues" with a display condemning feminism, the administration asked her to paint over part of it.

She caused another stir with a letter to the gay activists who organized an event known as Coming Out Week in the fall of 2004. Malhotra sent the letter on behalf of the Georgia Tech College Republicans, which she chairs; she said several members of the executive board helped write it.

The letter referred to the campus gay rights group Pride Alliance as a "sex club ... that can't even manage to be tasteful." It went on to say that it was "ludicrous" for Georgia Tech to help fund the Pride Alliance. The letter berated students who come out publicly as gay, saying they subject others on campus to "a constant barrage of homosexuality."

"If gays want to be tolerated, they should knock off the political propaganda," the letter said.

The student activist who received the letter, Felix Hu, described it as "rude, unfair, presumptuous" - and disturbing enough that Pride Alliance forwarded it to a college administrator. Soon after, Malhotra said, she was called in to a dean's office. Students can be expelled for intolerant speech, but she said she was only reprimanded.

Still, she said, the incident has left her afraid to speak freely. She's even reluctant to aggressively advertise the campus lectures she arranges on living by the Bible. "Whenever I've spoken out against a certain lifestyle, the first thing I'm told is 'You're being intolerant, you're being negative, you're creating a hostile campus environment,' " Malhotra said.

A Georgia Tech spokeswoman would not comment on the lawsuit or on Malhotra's disciplinary record, but she said the university encouraged students to debate freely, "as long as they're not promoting violence or harassing anyone."

Tolerance of the choices of others is an absolute which must not ever be violated, unless of course, the choices others make involve adhering to traditional moral opinions about homosexuality based upon the 2000 year tradition of the Christian Church. Then tolerance and diversity go out the window and the solitary voices which dare to defy campus orthodoxy must be silenced.

Anyone can say anything on campus, no matter how hateful, about George Bush. Anyone can promote plays like the Vagina Monologues which discusses approvingly the seduction of a minor girl by an older lesbian. Anyone on campus can cheer the murders of Israeli children by Palestinian suicide bombers. But let a young woman stand up and say that homosexuality is wrong and immoral and the wheels of university justice are set in motion to grind her down. Some opinions simply can not be permitted a hearing lest they offend someone.

We have a suggestion for Ms. Malhotra. Next time she plans to voice her thoughts on homosexuality she should don a hijab and pretend to be a Muslim. The university administration will let her say whatever she wants.