Friday, July 22, 2011

The Rule of Law and the Role of Faith


            I recently read about an interview in which Herman Cain (candidate for President) said that communities could ban mosques from being constructed. I posted it on my Facebook, expecting everyone to realize that Cain was not a good candidate. However, there was a very vocal minority who agreed with him. As I read the comments on another article on this story (you can read the article and the comments here), I realized that the belief that we should be allowed to prevent mosques from building in our community is actually fairly widely held. I believe that position should be untenable by both Americans at-large, and by Christians.

            The Rule of Law
           
America is built upon the foundation of the rule of law. This is what we see as separating us from other nations that are ruled by dictators and do not grant basic freedoms to their people. Law is supposed to be just, and interpreted blindly with no prejudice or malice. Our laws and Constitution go beyond mere justice in that they establish freedom for all American citizens, regardless or race, sex or religion (in theory).
The problem comes when one group starts trying to eliminate the freedoms of another group, such as when some Americans want to eliminate another American’s freedom of religion. And if they succeeded, then they would establish the legal precedent that a religion could be discriminated against if enough people decided that they wanted to discriminate. Imagine with me, for a moment, a time when the ACLU has the legal grounds to not just attack a nativity on the courthouse lawn, but is legally allowed to ban churches themselves. That idea seriously concerns me.
This idea of banning mosques, because they are supposedly trying to take over America through the use of Shariah Law, tramples all over the Bill of Rights. The obvious violation that first comes to mind is a violation of the First Amendment, which is the right to practice your religion without any interference from the government (and remember, the law is blind, so what applies to one religion applies to another one, regardless of which one is true).
 Further, beyond the freedom of religion, it also violates their right to assembly. Any group can assemble, as long as they remain peaceful. And if they are not peaceful, then they will be punished for their crimes. For instance, criminal organizations are allowed to meet; there is nothing we can do about that, but as soon as they break a law, then they are arrested.
It also violates the Fifth Amendment, which states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…” Now, most would probably argue that that is referring to prison, but having your rights revoked definitely is being held to answer for an infamous crime. Americans are not allowed to pay the penalty for a crime when it cannot be proven they did the crime. Thus, you cannot ban a mosque based on suspicion that they are going to plot a crime.
The irony of this is that those who want to limit the freedoms of Muslims because they are trying to “take over our country”, or “infiltrate and kill us”, or “make us follow their laws and eliminate our freedom” are guilty of the exact same thing. Eliminating the freedom of others that you dislike is exactly what Muslims are accused of wanting to do. And, let us remember, the people who crafted these legal protections were guilty of taking over their country and rebelling against the government, but yet they still paved the way for future generations to have those freedoms. They knew how those could be used against their new government, but they decided that it was a risk worth taking.

The Role of Faith

The previous argument was for all Americans, but this one is solely for Christians. We have been called to suffer and die. We have been called to be the ones being persecuted, not the ones doing the persecution. Christ did not tell us to try and legislate away those who scare us, but rather to take up our cross and follow him. The significance of that statement often escapes us: Christ told us in no unspecific terms that following him would require us carrying out own tool of execution! To follow Jesus means that our own sacrificial death should always be looming in our minds as something that may soon happen. Thus, it does not matter if a group is trying to kill you, your job as a Christian is not to try and eliminate their freedom, nor even to try and defend yourself—rather, your job is to be a faithful witness to the love of God right up to your death.
While well-meaning people say that it is only right to stop the supposed evil, just remember what Christ himself said: “Do not resist the evil doer. But if anyone slaps you on your right cheek, turn to him your other also.”