Journal Journal: The First Amendment 10
Why is everyone forgetting the First Amendment? Row vs. Wade was the right decision for the wrong reason. The Supremes cited the Fourth Amendment, but the real issue is the First Amendment. The Democrats will never win the support of the majority if they continue to overlook this key point. It covers Gay marrage, abortion, privacy rights -- a host of issues where the Religious Right has hijacked the Republicans to great effect:
Whether homosexuals should marry is a "moral" issue. Whether women should be allowed to have abortions (e.g., whether abortion is murder) is a "moral" issue. Whether the Goverment has any business snooping within the walls of your house is a "moral" issue, when the reason they're snooping is to uncover "immoral" activity (adultry, fornication, dope smoking, etc.). The bottom line on "moral" issues is that there is no scientific evidence to support or reject either position. Science shows us that an unborn fetus can, under certain circumstances, survive outside the womb. But prior to that point (3 months, 4 months, 5 months, whatever) there is no scientific evidence that the fetus can survive, and no scientific evidence that the fetus is sentient -- i.e., alive. So belief that life begins at conception -- or even before, in the case of the Catholic church ("don't spill your seed") -- is exactly that, belief. As is belief that homosexuality is wrong. As is belief that the poor are poor because God is punishing them and thus our government should not help them. As is any other thing you care to believe.
Now, the thing about the First Amendment is that, despite arguements to the contrary ("the words 'seperation of church and state' don't appear anywhere in the First Amendment"), its purpose is to ensure that the Government does not tell people what to believe. That's why freedom of the press is in there with freedom of religion. It's about beliefs and values, not about religion or the press. It's saying that you can disagree with your government; your government cannot tell you what to think.
So, if the government says abortion is wrong, or homosexuality is wrong, or oral or anal sex is wrong, or sex out of wedlock is wrong, or smoking dope is wrong, or any of the hundreds of "moral values" the Republicans wish to impose upon us, THEY ARE VIOLATING THE FIRST AMENDMENT! The government cannot make you pray to the government's god, or follow that god's laws. It cannot and must not -- that's what the First Amendment is all about.
Now, I'm not defending any of these actions. I even consider some of them wrong myself. But the government has no business telling anyone that they are right or wrong -- that's a belief and it's up to each person to obtain their beliefs on their own. Your family can influence you, your church can influence you, your community's values can influence you, but your government's laws must not!
OK, I'm rambling, but my point is that John Kerry came close when he stated that he opposed abortion but couldn't force his views on others. He didn't really explain himself well, and it got maybe 10 minutes coverage in the whole, several month long campaign. The democrats have to do a better job of this. They have to own the First Amendment the way the NRA owns the Second Amendment. They have to get people voting the First Amendment as their #1 issue the way the NRA gets people to vote gun laws as their #1 issue. When the republicans complain about "activist judges" the dems need to respond that those judges are just defending the First Amendment.
I dunno. Maybe the Dems get it and assume everyone else does, too. But they don't, and I sorta doubt the Dems get it, either. Abortion is a Freedom of Religion issue. Homosexual marrage is a Freedom of Religion issue. The Democrats need to embrace the First Amendment and become the party that defends Freedom of Religion, not the party that defends homosexuals and abortionists. They need to portray the Republicans as the Party of Intolerance, which ought to be very easy to do. I know that would win them far more of Middle America than they got in this past election.