Apparently the U.S. Constitution is no longer relevant.  Over the weekend I spent some hours arguing with assorted people from a variety of ideologies about the latest religious liberty spat.  I heard the first freedom guaranteed by God was trumped by public accommodations law.  One writer mentioned courts had upheld the coercive statutes.

Yes, I know.  First, ever since the New Deal the judiciary has been dominated by an ever growing leftist cast which insists the world and country have changed and our founding documents are outdated and not static.  Some even attempt to introduce international law as a basis for trumping enumerated rights.  More importantly, I believe, these cases have been decided on the basis of adhesion contracts.  In order to open a business you need a license.  A licensing agreement makes you subject to the government and is a contract making you subject to the latest laws.  Therefore the court says you waived your God granted liberties.

Of course you can’t do business without the license.  Fines and imprisonment could follow if you insist on hanging a shingle without government permission.  You clearly understand this is called restraint of trade.  Or it was once a very long time ago in a place we wouldn’t any longer recognize.  In order to make a living you’re damned if you do and damned if you don’t.  Government and do-gooders argue licensing is necessary to protect the public.  Let the buyer beware was also long ago jettisoned.  So in the name of another public good we surrender liberty.  Courts may be re-assessing this approach.  Some hair braiders in Florida and Texas recently had success when government (with intense lobbying from barber shops and beauty parlors) insisted braiders take an expensive permitting course.  These reversals are still rare.

Recall, the Constitution doesn’t say much about permission slips.  For example it says you can own firearms.  Period.  There are no conditions in the bill of rights.  Free speech only has one and that is you don’t yell fire in a crowded movie house, which is an attempt to harm neighbors.  The regulators mainly believe human nature is bad.  Maybe not theirs but yours.  They insist you need to be compliant, permitted and under control.  The founders believed people were generally good.

Despite what I read in the papers and see over at CNN and MSDNC, the Constitution is still in place and remains our guiding instruction.

Ever since the explosion over Indiana’s religious liberty clarification I’ve been hearing arguments from what should be rational people telling me it isn’t nice to hurt the feelings of other people so what’s the big deal in forcing someone to cater a same-sex wedding?  When I’ve responded by citing the Constitution as Bruce Fein did in the Washington Times today, I’m told it needs to be reconsidered in our changing times.  When I’ve mentioned you can’t freely do business I’m told we shouldn’t complain about adhesion contracts because government has our best interests in mind.  Our interests?  Is it possible my interests may not match your interests and that’s why our founders wrote a Constitution?  Is it possible government could have my interests at heart today but in two years following a series of elections may leave a more nefarious intent?  What people are failing to comprehend is the document is the only thing separating us from tyranny and right now many God fearing people are being terrorized by government and cultural elites.  These God fearing people are being forced to make some choices.  They can live underground and conduct business as outlaws or they can follow the edicts of the current fashionistas.  Following the latest fashion will condemn them to hell.  It’s what they believe.  Life as an outlaw or jailed is then a better alternative.  You may think their notions of a creator and hell are daft.  You also have an opinion and not fact.  Again, we don’t all have the same beliefs.  In Europe for centuries people were hounded, tortured and often killed for having a faith not sanctioned by governing authorities and for opinions running counter to the transient trends of the day.

Are Christians facing an American pogrom? Courtesy,
Are Christians facing an American pogrom? Courtesy,

This is why a small band of revolutionaries severed ties with Europe and then enumerated the rights given you by God.  And the last I looked the majority of Americans still called themselves Christians, although you’ve already surmised many aren’t just illiterate about matters of our founding but faith as well.  Jesus was a confrontational figure (the money lenders at the temple thought surely He was) and when it came to marriage He hewed to the old text.  He didn’t pat people atop their heads and tell them whatever floated their boats was O.K.

You may be asking your neighbors to follow you to hell to keep you company.  It’s certainly my perception.  A great many friendships are being tested because I worry daily about where I’ll spend eternity.  If it hurts your feelings then bring up the matter with God.  Lastly, I found this quote in a piece at National Review:  ” The point is that, if reasonably possible, people should not be compelled as the price of entry to the public square to honor as true what their understanding of their religious obligations compels them to judge false.”  Now define tyranny.

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