On Discrimination and Persecution against Religion in America

Preliminary Notes: Accident and Essence

Since I will use the terms below, I should very briefly explain them. Essence is what a thing is. A triangle has three sides and three interior angles which total 180°. If the shape has more or fewer sides than three or the interior angles do not equal 180°, then you do not have a triangle.

Accident are qualities a particular thing has but are irrelevant to the essence. I can have a green cardboard triangle. I can have a chromed sheet metal triangle, but the color or the materials do not make a thing a triangle.

In the issue of racism, properly speaking a human being is a human being regardless of gender, ethnicity or skin color. Gender, ethnicity or skin color are accidents of the essence of human being. Whether the person is male or female, dark or light, Asian or Caucasian is irrelevant to whether the person is a human being. So a person should not be treated as less than a person because of the accidents of appearance. Neither should they receive benefits on account of the accidents.

Introduction

One attitude I have encountered over the years as American Law and Government becomes more hostile towards religion is the argument that since the treatment of religion in America is not like the treatment of religion in China or the former Soviet Union, it means the Church is not persecuted in America.

Thus when people speak out against the actions of the American government and use terms like "persecution" it is easy to be dismissive and say, "you're not persecuted… people aren't locking you up!"

The Fallacy of the accident

This is a metaphysical fallacy – The fallacy of the accident – which Peter Kreeft (See Socratic Logic 3e page 110) describes as either treating something accidental as something essential (for example, racism wrongly assumes the accident of skin color is essential in determining whether a person is to be treated as human) or treating something essential as accidental (such as denying that there is any difference between heterosexual coitus and homosexual sodomy since both can result in orgasm).

A common demonstration of the fallacy of the accident is:

1. Cutting people with a knife is a crime.
2. Surgeons cut people with knives.
3. Surgeons are criminals.

(The accident of cutting people with knives depends on the essence of why a person is cutting you with a knife, to heal or to harm).

In our case, the argument that there is no persecution in America works this way:

1. Communist China persecutes religion by imprisonment, torture and executions
2. The United States does not imprison, torture or execute people on religious grounds
3. Therefore the United States does not persecute people on religious grounds.

In this case, the accident of how persecution is carried out in Communist China (imprisonment, torture, execution) is confused for the essence of discrimination itself existing (the unequal treatment on the basis of religion).  Since the degree of persecution is greater in Communist China, a degree which is less is argued as not being persecution at all.

That would be like a triage nurse in the Emergency Room saying that because the patient's pain level is not at 10, the patient is not in pain.

Persecution and Discrimination Defined

To clarify issues, we ought to begin with the definition of Persecution and Discrimination

Persecute: 1. subject to prolonged hostility and ill-treatment. 2. persistently harass or annoy.

Discriminate: make an unjust distinction in the treatment of different categories of people, especially on the grounds of race, sex, or age.

—Oxford English Dictionary

The two concepts are very similar.  The state discriminates when it treats one group of people less fairly than others because this group is different.  The state persecutes when it treats a group hostilely or harasses them.  Ill treatment can vary from unequal treatment under the law to active coercion.

In America, the Catholic Church can be said to be treated unequally under the law on the grounds that the First Amendment is ignored when it comes to State interference in compelling Church institutions to either act against their beliefs or else discontinue their services.  The political elites in America are treating those who act on religious convictions with hostility.  Our institutions have been ordered to act contrary to what they believe God requires of us and have needed to seek justice in the courts to try to protect ourselves from what the government has no right to do to begin with.

Lest anyone attempt a tu quoque and say we are hypocritical because we discriminate as well, we utterly deny the charge.  Catholic hospitals do not refuse to treat non-Catholics or sinners.  Catholic schools do not refuse to teach non-Catholics.  Catholic orphanages do not refuse to let non-Catholics adopt or refuse to take in non-Catholic orphans.

We merely insist that our institutions, being based in the Catholic faith, be allowed to carry out our mission according to the way we believe God calls on us to behave.  Those who come to a Catholic institution and insist on making us behave in a way we call sinful are not being discriminated against when we refuse.  Rather they are discriminating against us by trying to force us to act in a way we call sinful.

Now the state can make unjust decrees that it enforces through legal, physical or financial coercion.  However, such decrees are not binding laws in our eyes because the state has no authority to force us to do something that God forbids.

Conclusion

The degree to which the United States makes use of coercion to comply or face repercussions when it demands Catholic institutions to follow the Government commands may not be to the extreme of China or Afghanistan, but this does not mean that the coercion does not exist.  It does exist and it is unjust because even if one rejects our claims to be the Church established by Christ to teach with His authority, this coercion does violate the US Constitution.

To borrow from Pastor Niemöller, they are coming for us first.  You may not speak out because you are not Catholic.  However if one stays silent during these early and less extreme violations of our rights, you may find that eventually, "Then they came for me and there was no one left to speak out for me."