Posts Tagged ‘prop 8’

Civil Liberties versus Civil Rights

March 10, 2009

Civil Liberties versus Civil Rights. Over the past weekend my mailbox was inundated with questions having to do with the subject. I got tired of responding individually and decided to write a short essay about it. Basically, a comparison contrast piece.

First, some definitions;

Civil Liberties

civil liberties n. rights or freedoms given to the people by the First Amendment to the Constitution, by common law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints. These liberties are protective in nature, while civil rights form a broader concept and include positive elements such as the right to use facilities, the right to an equal education, or the right to participate in government. (See: civil, civil rights)

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Civil Rights

Personal liberties that belong to an individual, owing to his or her status as a citizen or resident of a particular country or community.

The most common legal application of the term civil rights involves the rights guaranteed to U.S. citizens and residents by legislation and by the Constitution. Civil rights protected by the Constitution include Freedom of Speech and freedom from certain types of discrimination.

SOURCE

Leave it to Lawyers to muck things up beyond belief! They are nearly as bad as Economist’s when it comes to turning something, anything, from the profoundly simple to that which only confuses.

Both Liberties and Rights have much in common, or at least they appear to. So then, how are they differentiated one from the other? One must step away from politics and enter the metaphysical world of ethics.

In the realm of ethics, as applied in this context, there are the Natural and Unalienable Rights. These are rights that you, as a person are in fact born with, and can never be taken from you.

There are also Inalienable Civil Liberties or Rights. Those are rights that are granted via society or government. Those rights can be surrendered or forfeited based upon behavior. (The link above addresses both.)

The simplified version then, is that a “Natural” right cannot be taken or surrendered. But, again this is very simplified, a Civil Right or Liberty can be taken from you. Most often by surrendering a right for the perceived greater good. A good example would be surrendering your right to self defense via gun control. You will always have a right to self defense, in an ethical context, but you can choose to impose self restrictions upon yourself.

Further, society can in point of fact take your Unalienable Rights from you should it deem it necessary for the good of society. That being execution for true felonies.

Confusing even in a simplified version? Yes, admittedly it can be. A Civil Right is a Natural or God given Right. A Civil Liberty is granted by society or government.

These are the crux of such diverse issues as California’s Proposition Eight, as well as Gun Control, and the list just goes on from there.

If Democracy Doesn’t Work, Try Anarchy

November 23, 2008

Chuck Norris lands a knock out blow with the following piece. Just think! Anarchy as a respectable alternative to Democracy?

If Democracy Doesn’t Work, Try Anarchy
By Chuck Norris

Protestors of Proposition 8 in California (the marriage amendment) shoved aside a 69-year-old woman who was bearing a cross. They reportedly spit on her and stomped on her cross. They then aligned themselves in a human barricade, blocking the media from getting to or interviewing the woman.

Prop. 8 supporter Jose Nunez, 37, was assaulted brutally while distributing yard signs to other supporters after church services at the St. Stanislaus Parish in Modesto.

Calvary Chapel Chino Hills was spray painted by vandals after they learned that the church served as an official collection point for Prop. 8 petitions.

Letters containing white powder (obviously mimicking anthrax) were sent to the Salt Lake City headquarters of the Mormon church and to a temple in Los Angeles. (Thankfully, the FBI said the substance was nontoxic.)
The 25-year artistic director of the California Musical Theatre, who also happens to be a Mormon, was muscled to resign because of his $1,000 donation to the campaign to ban gay marriage in California.

A pro-homosexual, pro-anarchy organization named Bash Back marched into the middle of a church service and flung fliers and condoms to the congregants. They also hung a banner from the balcony that featured two lesbians in provocative positions at the pulpit.

And lastly, the tolerance-preaching activists also have taken their anger to the blogosphere, where posts have planted ideas ranging from burning churches to storming the citadels of government until our society is forced to overturn Prop. 8. You even can find donor blacklists online. The lists include everyone who financially backed Prop. 8 — even those who gave as little as $46 — with the obvious objective that these individuals will be bantered and boycotted for doing so.

What’s wrong with this picture? Lots.

First, there’s the obvious inability of the minority to accept the will of the majority. Californians have spoken twice, through the elections in 2000 and 2008. Nearly every county across the state (including Los Angeles County) voted to amend the state constitution in favor of traditional marriage.

Nevertheless, bitter activists simply cannot accept the outcome as being truly reflective of the general public. So they have placed the brainwashing blame upon the crusading and misleading zealotry of those religious villains: the Catholics, evangelical Protestants, and especially Mormons, who allegedly are robbing the rights of American citizens by merely executing their right to vote and standing upon their moral convictions and traditional views.

What’s surprising (or maybe not so) is that even though 70 percent of African-Americans voted in favor of Proposition 8, protests against black churches are virtually nonexistent. And everyone knows exactly why: Such actions would be viewed as racist. Yet these opponents of Prop. 8 can protest vehemently and shout obscenities in front of Mormon temples without ever being accused of religious bigotry. There’s a clear double standard in our society. Where are the hate-crime cops when religious conservatives need them?

There were many of us who passionately opposed Obama, but you don’t see us protesting in the streets or crying “unfair.” Rather, we are submitting to a democratic process and now asking how we can support “our” president. Just because we don’t like the election outcome doesn’t give us the right to bully those who oppose us. In other words, if democracy doesn’t tip our direction, we don’t swing to anarchy. That would be like the Wild West, the resurrection of which seems to be happening in these postelection protests.

I agree with Prison Fellowship’s founder, Chuck Colson, who wrote: “This is an outrage. What hypocrisy from those who spend all of their time preaching tolerance to the rest of us! How dare they threaten and attack political opponents? We live in a democratic country, not a banana republic ruled by thugs.”

Regardless of one’s opinion of Proposition 8, it is flat-out wrong and un-American to intimidate and harass individuals, churches and businesses that are guilty of nothing more than participating in the democratic process. Political protests are one thing, but when old-fashioned bullying techniques are used that restrict voting liberties and even prompt fear of safety, activists have crossed a line. There is a difference between respectfully advocating one’s civil rights and demanding public endorsement of what many still consider to be unnatural sexual behavior through cruel coercion and repression tactics. One thing is for sure: The days of peaceful marches, such as those headed up by Dr. Martin Luther King Jr., seem to be long gone.

The truth is that the great majority of Prop. 8 advocates are not bigots or hatemongers. They are American citizens who are following 5,000 years of human history and the belief of every major people and religion: Marriage is a sacred union between a man and a woman. Their pro-Prop. 8 votes weren’t intended to deprive any group of its rights; they were safeguarding their honest convictions regarding the boundaries of marriage.

On Nov. 4, the pro-gay community obviously was flabbergasted that a state that generally leans left actually voted right when it came to holy matrimony. But that’s exactly what happened; the majority of Californians — red, yellow, black and white — voted to define the margins of marriage as being between one man and one woman. California is the 30th state in our union to amend its constitution in doing so, joining Florida and Arizona in this election.

Like it or not, it’s the law now. The people have spoken.

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