“An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.” U.S. Supreme Court Justice Hugo Black.
Chick-fil-A president Dan Cathy has caused a national storm with his comments about gay marriage. “I think we are inviting God’s judgment on our nation when we shake our fist at Him and say, ‘We know better than you as to what constitutes a marriage.’”
Cathy’s company also financially supports conservative religious organizations that oppose gay rights and same-sex marriages.
Once again, America is choosing up sides. Are you with those who stood in line Wednesday to buy a sandwich and waffle fries at a Chick-fil-A or those who plan to participate in, or support, “national same-sex kiss day” at the fast-food restaurant chain?
Officials in several cities have joined the debate by targeting Chick-fil-A and Cathy for what they believe is “hate speech.”
“You can’t have a business in the city of Boston that discriminates against a population,” said Boston Mayor Thomas Menino about his attempts to keep the chain out of his city. Chicago Alderman Joe Moreno threatened the company saying, “You’re not going to have your first free-standing restaurant in Chicago.”
The fundamental issue, however, is not whether you support or oppose gay marriage; this is a matter of free speech. Cathy is expressing his personal opinions, and he gives some of his money to organizations that share his views. It’s all perfectly legal.
Cathy is free to voice his views, and so are his opponents. However, those opponents are NOT free to use the government to try to silence or punish him.
In the 1973 First Amendment case Gertz v. Welch, Justice Lewis Powell wrote, “Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries, but on the competition of other ideas.”
The controversy has spread to West Virginia University. The gay rights organization Fairness West Virginia has called on WVU to “cease all ties” with Chick-fil-A, which has a franchise in the Mountainlair.
Fairness West Virginia executive director Joe Racalto says he understands Chick-fil-A’s First Amendment rights, but adds, “we also have a right to hold them accountable to the same policies to which other businesses, groups and individuals on WVU’s campus are held.”
There is a disconnect here. Fairness West Virginia acknowledges Cathy’s speech is protected, but still wants WVU—an institution supported in part by taxpayer dollars–to boot Chick-fil-A off campus because of the way he exercises his speech through the organizations he supports.
This kind of strained logic could be applied to any number of campus activities and organizations.
For example, according to the International Gay and Lesbian Association, seven Islamic countries still retain capital punishment for homosexuality. WVU has a Muslim Student Association, but no one could reasonably argue that the association should be kicked off campus because of the extreme intolerance of some who practice Islam.
The First Amendment protects not only freedom of speech, but also Cathy’s exercise of his religion. He is entitled, protected and guaranteed his opportunity to practice his faith. Many faiths (Catholics and Baptists, among others) espouse similar views on marriage.
Cathy talking about his faith and supporting principles of his faith should not result in government punishment in the form of banishment of one of his franchises from a state-owned school or a prohibition of opening stores in certain cities.
The uniquely American concept of the First Amendment provides not only for a vibrant marketplace of ideas, but also for Constitutional protections for unpopular and even outrageous speech.
We should protect, treasure and celebrate that… even when it hurts.