Mormon Paradox PDF Print E-mail
Written by Byron Williams   
Friday, 16 October 2009
Image Is it possible, viewing the same event, whereby the perpetrator can suddenly look like the victim?  That is what Elder Dallin H. Oaks—a high-ranking official in the Mormon Church—apparently wants us to believe. Citing anti-Mormon backlash after Proposition 8, which overturned gay marriage last fall in California, Oaks compared it to the intimidation of Southern blacks during the Civil Rights Movement in a recent speech.

“The extent and nature of religious devotion in this nation is changing," said Oaks, a member of the Quorum of the Twelve Apostles, a church governing body. "The tide of public opinion in favor of religion is receding, and this probably portends public pressures for laws that will impinge on religious freedom.”

The question raised by Oaks’ comments does the private morality rooted the nation’s religious devotion trump the public morality rooted in the Constitution?

Oaks also stated though the vandalism connected to Proposition 8 was primarily directed at religious people and symbols, "it was not anti-religious as such. " He called the incidents “expressions of outrage against those who disagreed with the gay-rights position and had prevailed in a public contest.”  

"As such, these incidents of 'violence and intimidation' are not so much anti-religious as anti-democratic," he said. "In their effect they are like well-known and widely condemned voter-intimidation of blacks in the South that produced corrective federal civil-rights legislation."

The certainty that Oaks holds to his religious beliefs is what allows him to engage in historical malfeasance.

Equating the 1960s struggle for justice with the plight of a church that has been a vocal opponent of injustice is deeply offensive.  The Mormon Church poured millions into a campaign to ensure that some California families are granted second-class citizenship.  

I am always troubled by the use of cheap historical analogies in order to make a self-serving point in the moment.  I view it as “cheap” for if it were simply about intimidation tactics against the Mormon Church that is a profoundly American story that practically everyone shares who has immigrated to this country by way of Ellis Island or in the bowels of a slave ship.  

I certainly do not condone the reported acts of vandalism. No group can have right so firmly rooted on their side they can receive a moral pass for otherwise egregious behavior. These acts of vandalism are also acts of hubris that ultimately serve the interest of Oaks far more than the cause they claim to represent.

Though the movement led by Martin Luther King was based on nonviolent civil disobedience, there were moments when the frustration of violence rose to the surface.  King, to his credit, was quick to reject such actions.  

By comparing the treatment of the Mormon Church after Prop 8 to the violence faced by anti-segregation activists not only does Oaks diminish the bravery and sacrifice of those willing to risk bodily harm so that America could come closer it’s the notion of Jeffersonian democracy, he is unwittingly making another historical comparison  

In this context, Oaks speaks as a member of the dominant culture who already has the privilege that others are trying to secure.

The Civil Rights Movement taught this nation many things, and it reminded it of others.  The mere fact that something is legal does not make it just. Most of what the South did under Jim Crow was “legal.”  Ironically, most of what the civil rights workers did to combat injustice was illegal.

In that limited terrain we must conclude that Prop.8 is legal.  But it is a law in my opinion that prohibits the 14th Amendment’ equal protection clause from achieving its stated purpose.

Based on the millions spent in support of Prop.8, if we were making cheap historical comparisons, wouldn’t the side Oaks champions align closer with those that hid behind legality in order to deny the constitutional rights of another group?

It is a tragic paradox when one group proactively spends millions to deny rights already granted to others based on their religious beliefs, bemoan there is an assault on their religious freedom, and then use the greatest grass-roots movement in the history of the nation—one which offers very little documentation they supported at the time—to position themselves as the underdogs in this battle for equality.




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Comments (9)add comment
revbyron: Re: you failed to demonstrate one point


First I thank you for your very lucid and intellectually honest remarks. I agree that simple solution would be for the state to simply get out of the marriage business altogether and grant every couple a domestic partnership license which contains the same rights for all, thereby limiting marriage strictly to a religious ceremony with the church, mosque, temple, etc, free to exercise their right whether or not to conduct the ceremony. But doesn’t that get us into Churchill observation that “America always does the right thing after it has tried everything to the contrary?”

I think actually raise a false choice because, as you stated sexual orientation would deserve the same classification as race, raising the question why would the SCOTUS give sexual orientation heightened protection?

The 14th Amendment does not make any distinctions, it states:

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

It is on that premise I believe the 14th Amendment is blind to every category of individual—except one—American.

It further states in Section one:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Civil marriage, which is all we’re discussing, by its very definition, suggests government involvement. How can you take the tax dollars of all citizens to support this service, but deny certain individuals access to that service? Granted the amount levied is miniscule, but it is still a tax nonetheless, where certain services are denied. I view this as antithetical to the American experiment.

If the 14th Amendment specifically mentioned certain individuals, I may be incline to agree with you, but it clearly states “all persons,” which suggests to me all means all and equal means equality and whether one likes it or not there can be no qualifiers.

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October 26, 2009
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Austin F.: You've failed to demonstrate one point.
Rev. Byron,

I'm interested in your arguments that the right to marry is a civil right. Personally, I think the Government should get out of the business of defining marriage altogether, but I'm interested in your opinion.

It seems that the question depends on how the Equal Protection Clause of the Fourteenth Amendment is to be applied. Those who oppose gay marriage proclaim that there is no equal protection issue because all persons are treated equally. Neither a straight or gay man may marry another man. Of course, this brings to the forefront whether sexual orientation deserves the same classification as race according to the Supreme Court. I doubt it strongly. Gender does not enjoy the same classification as race, so why would the SCOTUS give sexual orientation heightened protection?

It is unfortunate that the tax code discriminates the way it does against unmarried persons. Perhaps that is a reason to challenge the constitutionality of the code. Surely, this has occurred already. If unsuccessful, then, it would indicate that the Court is unwilling to protect married/unmarried classification.

Even as a Mormon, I think Elder Oaks' comments were not on point. First, if any religious group could find justification for not supporting traditional notions of marriage, it's probably us. We weren't always one man-one woman folks, if you know what I mean. Second, Mormon history has a questionable relationship with civil rights. There were Mormons on both sides of the Civil Rights' Movement question, but it was not until 1978 that we shed an antiquated, amorphous policy of denying our priesthood to persons of African descent. So, to evoke the images of the Civil Rights movement was slightly distasteful, in my opinion. I look forward to your response.
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October 25, 2009
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revbyron: ...
Paul:


Individual Mormons contributed to the campaign, the Church itself only spend a paltry sum on mail to its ward units in California to encourage the members to get involved in the issue.

But Paul that is merely a technical distinction that ensures no IRS violations have been conducted. But remember the individual people you cite--the ekklesia--the gathering are the church, not the brick and mortar or the org chart; it is the people. Therefore, it is the Mormon church that contributed millions.

Second, you accuse Oaks of cheap historical analogies. I disagree. He was talking in a very narrow sense about voter intimidation through threats and vandalism. This type of intimidation occurred in both the civil rights fight and during the more recent Proposition 8 fight. Just because the intimidation was greater in the former than in the latter doesn't make it a cheap historical analogy. Indeed, Oaks is raising a voice of early warning. If these types of tactics are allowed to go unchallenged they will escalate, just as they did in the 1960s.

I never stated whose intimidation was greater. The cheapness lies in Oaks being part of the dominant culture seeks to align with a group who was fighting for rights that they were denied. Oaks already has the right, that was the distinction I drew not once did I mention who suffered more. In fact, I stated in terms of intimidation practically everyone has the historical legacy in America.

After attacking cheap historical analogies you make your own, comparing the debate over same sex marriage to the....you guessed it...the civil rights struggle in the 1960s. Really? Gay people have the same rights as everyone else. They are not denied the vote, they can go anywhere they want to, eat in any establishment they prefer, engage in any behavior they wish to from holding hands to outright public indecency (have you seen any pictures of gay pride parades?). Their experience is nothing like that of black people before or during the 1960s. So spare me the whining about cheap historical analogies.

What is the classical definition of civil rights? I would encourage you to look it up.

I would say that every group has its individuals who take things too far, African Americans, Mormons, and yes gays. But the question before us do you think the government should take the tax dollars of gays and deny them a service?

Moreover, I think we could agree the civil service does in no way harm your belief system or mine.

Luckily, your fellow African-Americans understand that there's nothing remotely similar between the two issues and turned out in droves in California to support Proposition 8. And no community understands better the consequences of the destruction of the family than the black community. It's too bad you can't see that as well.

I'm not clear on how two people that I don't even know who love each want to marry and that somehow destroys my family--please explain. I want to keep this short, but if you wish to continue, email me directly, but I can assure you there is a flawed understanding of history when that led a number of African Americans to not see where the analogy is similar. I've written a lot on this subject and would be happy to sen you the links that document why I don't see it that way.
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October 20, 2009
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John : I conceded the point
Reverend Byron,
I conceded the point that my first comment was off topic and out of context. After reading your response I had to agree that I had missed the point of your piece. I decided to re-read your article and read and listen to Elder Oaks' speech. After doing so I believe I came to a better understanding. Paul does a much more succinct job of describing the pertinent issues with your opinion.

I would also suggest that you have found fault with one sentence of a 30 minute speech that was focused not on gay marriage, but on the critical importance that religious freedom has played and continues to hold in modern society.

I would suggest that everyone who reads your piece also read and/or watch Elder Oaks' discussion because it gives both context for the analogy and is a great discussion of the role of religious freedom in modern society.

It can be found at this web address:
http://newsroom.lds.org/ldsnewsroom/eng/news-releases-stories/apostle-says-religious-freedom-is-being-threatened
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October 20, 2009
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revbyron: ...
John, you wrote:

"It is easy to see the plight of your own people and assume that others have not suffered, but it would serve you well to see that members of the LDS Church have their own history of struggle to obtain even basic rights."

If I stated in my piece that members of the LDS have not suffered like African Americans that would indeed be a valid point. But did not write that nor did I infer it, I suspect you're emotion, albeit with good intentions surmised that point. I do not believe suffering can or should be compared like some sort of competition.

I did write:

"I am always troubled by the use of cheap historical analogies in order to make a self-serving point in the moment. I view it as “cheap” for if it were simply about intimidation tactics against the Mormon Church that is a profoundly American story that practically everyone shares who has immigrated to this country by way of Ellis Island or in the bowels of a slave ship."

I have to believe Oaks is aware of the suffering of the LDS church as you are? If so, why didn't he make that comparison instead of making a cheap analogy that does not hold historically?

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October 20, 2009
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Paul: The Mormon Church did not spend millions
Individual Mormons contributed to the campaign, the Church itself only spend a paltry sum on mail to its ward units in California to encourage the members to get involved in the issue.

Second, you accuse Oaks of cheap historical analogies. I disagree. He was talking in a very narrow sense about voter intimidation through threats and vandalism. This type of intimidation occurred in both the civil rights fight and during the more recent Proposition 8 fight. Just because the intimidation was greater in the former than in the latter doesn't make it a cheap historical analogy. Indeed, Oaks is raising a voice of early warning. If these types of tactics are allowed to go unchallenged they will escalate, just as they did in the 1960s.

After attacking cheap historical analogies you make your own, comparing the debate over same sex marriage to the....you guessed it...the civil rights struggle in the 1960s. Really? Gay people have the same rights as everyone else. They are not denied the vote, they can go anywhere they want to, eat in any establishment they prefer, engage in any behavior they wish to from holding hands to outright public indecency (have you seen any pictures of gay pride parades?). Their experience is nothing like that of black people before or during the 1960s. So spare me the whining about cheap historical analogies.

Luckily, your fellow African-Americans understand that there's nothing remotely similar between the two issues and turned out in droves in California to support Proposition 8. And no community understands better the consequences of the destruction of the family than the black community. It's too bad you can't see that as well.
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October 20, 2009
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John Chiara: I was out of context and so are you
I will again agree with, it was taken out of context. I paused to reread both Elder Oaks' comment and your own.

First, you claim that the Church of Jesus Christ of Latter-day Saints contributed millions to the fight. This is a very misleading statement because it implies that the Church contributed funds to a political cause, when in truth the amount of "church" funds was relatively small compared to the money contributed by individuals who are members of the LDS faith. These people voluntarily gave both their time and money to support a political/moral cause they found to be of extreme importance.
That you disagree with them and put them on the historical side of the "dominant" culture, is a reasonable argument. I would, however, argue that the threats of violence, loss of employment, boycotts, and vandalism are comparable to similar efforts made to dissuade individuals and groups in the past from fighting for their own political/moral/religious beliefs. If it becomes allowable to threaten, intimidate, and do actual damage to those with whom you disagree than democracy is threatened.
You may not like the analogy because you see the group opposed to gay marriage as in the "dominant" position, withholding rights, but it remains true that the attacks on the Church of Jesus Christ of Latter-day Saints are and were intended to bully and intimidate members of that faith, and all those who believe marriage is limited to couples of gender, is comparable to historical attempts to silence the opposition through non-democratic means.
It would also be important to note the context and setting of the speech given by Elder Oaks. It was not given as a political speech to a national audience, but rather to a group of LDS university students. It was intended to encourage them to not shrink from their civic duty or beliefs in the face of public dissent. You may wholly disagree with the beliefs of the LDS faithful, but why should Elder Oaks not urge those who hold these same beliefs to stand strong in the face of diversity, especially since the intention of those who have vandalized and threatened is to silence them?

While you may attempt to align members of the Church of Jesus Christ of Latter-day Saints with segregationist and racists of the past, Elder Oaks and LDS faithful did nothing other than exercise their right to political activism. You may not agree with their beliefs, but they are hardly similar to those who denied others their rights historically.

Members of the LDS Church represented a tiny percentage of Californians who voted, but have been targeted because they dared to be politically active. Where are the attacks focused at the other groups who voted for this measure? My discussion of LDS history is important to the discussion because it is still politically correct to openly attack the Mormon faith, just as it was in the 1800's. The Church of Jesus Christ has become a whipping boy because no one will come to its defense. When a group of citizens can no longer voice their opinion for fear of retribution without recourse then democracy has been damaged, and a much greater civil right has been lost.

If you believe marriage is a right afforded to all you are free to actively contribute to that cause, but are you so adamant in that belief that you would take the right to oppose that belief away from other?
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October 19, 2009
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John Chiara: You have missed one important point
Although I do agree with you that the LDS faithful have not faced the kind of injury and insult that blacks suffered during their struggle for racial equality, I believe you lack perspective.

You look at Mormons and assume that they have always been part of the dominant culture. I doubt that you know much at all of Mormon history. The followers of Joseph Smith were forced by mobs, state militias, violence both real and threatened from Ohio, Missouri, and Illinois. The members of the Church of Jesus Christ of Latter-day Saints were harassed, tarred and feathered, and killed without recourse until they eventually fled West to what is now Utah. They actually left the US because they had been denied their rights. Later when Utah became a territory they were denied basic right and bullied by the federal government for several decades. Many Church members, including the prophet Joseph Smith were murdered for their beliefs, and the perpetrators were never brought to justice.

It is easy to see the plight of your own people and assume that others have not suffered, but it would serve you well to see that members of the LDS Church have their own history of struggle to obtain even basic rights.
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October 19, 2009
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