Family Research Council on the Okwedy v. Molinari Case:

This item also criticizes Judge Sotomayor for the panel decision that I note above. It at least acknowledges in the second paragraph that the panel held for Okwedy on one issue, but nonetheless concludes:

The case raises troubling issues. After all, the church was posting a purely religious message with no statements regarding public policy. The opinion suggests that Sotomayor may view the First Amendment through the lenses of political correctness. Would a billboard proclaiming "gay pride month," which is offensive to many Christians, have been similarly treated? Sotomayor should be asked.

Setting aside Okwedy's claim that the Molinari letter was an implied threat of government retaliation against the billboard company, which would have violated the Free Speech Clause — that's the issue on which Sotomayor and the other judges held Okwedy should prevail, if he could prove the factual underpinnings — there's little troubling in the panel decision. Government officials are entitled to criticize people who oppose homosexuality (or support polygamy or advocate pacifism or urge socialism), whether the people who are criticized are making religious arguments or secular arguments. And that's true even if the arguments simply quote the Bible; on matters such as these (I set aside purely theological questions such as the nature of the Trinity), moral beliefs have secular implications.

Religious speakers, like other speakers, have a right to be free from coercive suppression of their speech. But they have no right to be free from criticism of their speech (perhaps setting aside the purely theological issues I noted above, as to which the government is supposed to have no opinion). To the extent Molinari's actions might have constituted coercive suppression, the panel rightly let Okwedy try to prove that for his Free Speech Clause claim. But setting that aside, the criticism of hostility towards homosexuality (whether secular or religious) is not a constitutional violation.

Related Posts (on one page):

  1. "Sotomayor Supported Censoring Biblical Verse on Homosexuality from New York City Billboard":
  2. Family Research Council on the Okwedy v. Molinari Case:
Tom G (mail):

"Would a billboard proclaiming "gay pride month," which is offensive to many Christians, have been similarly treated? "



It is quite astounding how the Religious Right's arguments betray a lack of the most basic reasoning skills.

A proclamation of gay pride is not the mirror opposite of a homophobic billboard. The mirror opposite would be a billboard saying Christians are an abomination, perhaps quotes from the Koran declaring that Christians will burn in hell.

The fact that someone else is living their life in a way that the RR doesn't approve of is not an attack on them. By this logic, a billboard saying "Happy Hanukkah" around the holidays is anti-Christian since it is an expression of "the Jewish lifestyle" which denies Christ. Aren't many Christians offended by the denial of Christ?
7.11.2009 5:27pm
Some Dude:

The mirror opposite would be a billboard saying Christians are an abomination



That's not quite the mirror opposite either. "You shall not lie with a male as with a woman; it is an abomination."

"Lie" is a verb. It is the verb that is an abomination. "Christian" is a noun.

So it depends on what "gay pride" means to you. If "gay pride" means being proud of lying with men, then "gay pride" is pretty much the mirror opposite of calling lying with men an abomination.
7.11.2009 8:52pm
Psalm91 (mail):
Tony Perkins is (or should be) an embarrassment to all professing Christians for whom "do not bear false witness" has some personal meaning.
7.12.2009 12:03am
Randy R. (mail):
Why would anyone be concerned about what the FRC has to say about anything? They are the real loony tunes of religious righteous.

"So it depends on what "gay pride" means to you."

I didn't know that Christians were so easily offended by gay pride parades. They should join up, actually, because they are a heck of a lot more fun than those silly straight pride parades.
7.12.2009 1:40am
ReaderY:
Government officials are entitled to criticize like any private citizen, but they are not entitle to use their position to coerce.

What if a judge had sent a similar letter to a law firm about its contributions to disagreeable political or religious causes and noting that many of law firm's clients had cases before that judge?

It's the relatively explicit threat to use state influence if the billboard company didn't stop its message that separates this case from a public official's mere criticism.
7.12.2009 2:28am
ReaderY:
Isn't a billboard opposing racism an attack on racists and racist lifestyles?

Isn't a billboard opposing drug use an attack on drug users and drug using lifestyles?


The distinction is spurious. Every billboard favoring or opposing a position is an attack on its opposite and those who engage in it.
7.12.2009 2:31am
Eugene Volokh (www):
ReaderY: As my other post on the subject indicates, the Second Circuit panel held in favor of the speaker on the "possible threat to use state influence" claim -- it concluded that he should be able to prevail if he could prove the underlying factual assertions.
7.12.2009 11:07am
Tom G (mail):


"Lie" is a verb. It is the verb that is an abomination. "Christian" is a noun.



There is a verse in the Koran that states that believing in Jesus leads to eternal damnation. So if Muslim groups put a sign that said "Thou shall not believe Jesus is the messiah for it is an abomination", that would not be an attack on Christians, it would simply be an attack on the "verb" of believing Jesus is the messiah. Big difference right?

"If "gay pride" means being proud of lying with men, then "gay pride" is pretty much the mirror opposite of calling lying with men an abomination."

Yes gay pride is a celebration of sex acts, just like a straight wedding is a celebration of the vaginal intercourse that the couple will be having.
7.12.2009 7:10pm
ReaderY:
Professor Volokh,

I understand the plaintiffs received relief on Free Speech grounds despite having their Religion Clause claims dismissed. I also understand that relief on any grounds is a win for the plaintiffs, making it incorrect to represent the opinion as finding for the defendents. Finally, I understand the original purpose of your post was to critize the Family Research Council for incorrectly representing the opinion as finding for the defendant, since after all the plaintiffs did win and get relief on some of the grounds they presented.

With all this understood, I am nonetheless entitled to disagree with the portion of the opinion dismissing the Religion Clause claims. That portion contains reasoning with significant implications for other situations where the Religion Clause aspects might be the only avenue for relief. I'm simply giving my views of the opinion's Religion Clause reasoning and its potential implications.
7.12.2009 10:04pm
Randy R. (mail):
Tom G.: "Yes gay pride is a celebration of sex acts."

No it isn't. It's pride in being gay. One can be gay and be a virgin, or celebate, just as one can be straight and be a virgin or celebate. IT's the orientation that is celebrated, not the sex acts.
7.13.2009 1:49am
Tom G (mail):

Tom G.: "Yes gay pride is a celebration of sex acts."

No it isn't. It's pride in being gay. One can be gay and be a virgin, or celebate, just as one can be straight and be a virgin or celebate. IT's the orientation that is celebrated, not the sex acts.


Randy: did you not read the rest of my sentence? I am gay, I know what pride is. I was satirizing the notion that pride is a celebration of sex.
7.13.2009 2:50pm
Losantiville:
Too bad Molinari didn't say that some Christian churches (though not his) say that sodomy is a sacrament, then they might have had an Establishment Clause case. Like the official college websites teaching theology in this context that Eugene has highlighted in the past.
7.13.2009 3:33pm
Randy R. (mail):
Sorry about that Tom! SOmetimes it's hard to figure the sane ones from the insane ones. Glad you are one of us!
7.13.2009 10:46pm
Tom G (mail):

Sorry about that Tom! SOmetimes it's hard to figure the sane ones from the insane ones. Glad you are one of us!


No problem Randy. Although upon reflection, pride is partially a celebration of sex. Or at least our sexuality, and a declaration that there is nothing wrong with it.

Of course pride is in itself a reaction to homophobia. If no one ever told us that our sexuality was wrong, we would have no reason to declare that it is right.
7.13.2009 11:38pm