The 1st Amendment and Hate Crimes Policies in Collision
Posted by: Matt Kauble | 07/02/2008 8:00 PM
Sometimes I will throw up an article from someone else to get a conversation started concerning an issue area. The issue area for this article is 1st Amendment Religion and Speech Rights versus the Rights claimed by the Homosexual Activists pushing such things as Homosexual Marriage and Hate Crimes laws. I see a collision between these two positions coming based on outcomes in Canada, Sweden, New Jersey, New Mexico & Massachusetts where Christian pastors, professionals or ministries were forced into choosing between their faith and their comfort, some even going to prison. The article below does not illustrate an example of that extreme nature, but does give us an opportunity to discuss this broader issue in several different ways.
Below is the article in question, which concerns a lawsuit filed against the LAPD with regards to comments an officer made while off duty, in the capacity of a pastor, which he says were then used against him to move him from community relations to patrol duty and were also used to justify him being passed over for promotion.
Question is when anyone makes comments outside their job of a religious nature, refering to the actions of or committed within a specific community, as opposed to the persons in that specific community, can those remarks be used in a punative manner against that person by their supervisors?
Another question, is there a difference when the person making the remarks is employed in a public sector job?
Third question, Is there a difference between skin color and sexual orientation as a basis to the determination of rights, or not?
- Matt
Religious discrimination suit filed against LAPD
Daily News Wire Services
Article Last Updated: 07/02/2008 10:02:15 AM PDT
An LAPD sergeant says in a lawsuit filed against the city and the Los Angeles Police Department that the department engaged in religious discrimination by disciplining him for off-duty remarks made about homosexual acts.
In a fall 2006 eulogy delivered at a fellow officer's funeral, Sgt. Eric Holyfield, who also is a pastor, said homosexual acts were "sinful" and an "abomination" and would lead to condemnation in hell if one did not repent, according to a lawsuit he filed June 19 in Los Angeles County Superior Court, the Los Angeles Times reported.
After those comments, LAPD passed him up for promotions and pay raises in retaliation, Holyfield alleges in the suit, saying that he was discriminated against for his religion and that his 1st Amendment rights were violated, according to The Times.
Cmdr. Stuart Maislin, head of LAPD's risk-management office, told The Times that the department's ability to control an off-duty officer's speech is a "very gray area." But remarks by officers may raise red flags, particularly when bias is expressed against a group of people, Maislin said.
Holyfield made the remarks in September 2006 at the Whittier funeral of Officer Nathaniel Warthon Jr., whose family asked the sergeant to deliver a short sermon, The Times reported.
Holyfield identified himself as a sergeant and as the fallen officer's supervisor, according to the suit, but was clad in black clergy attire rather than his uniform.
At the funeral was Deputy Chief Charlie Beck, commanding officer of operations in the South Bureau. Beck, who is named as a defendant, filed a formal complaint against Holyfield after the funeral, The Times reported.
The suit alleges that Beck's actions were based on "religious biases" and says that as a result of the complaint, Holyfield was removed from his position in community relations, moved back to patrol and passed up for a number of promotions.
http://www.dailynews.com/news/ci_9764421?source=rss
Allen Wilson is exactly the kind of person who would like another Bush term. I applaud the SGV...
After reading the many comments regarding the officer and his eulogy of a fallen servant, as an ex-officer, I was appalled. First his comments were completely out of place. A funeral of a fallen comrade is not the place for a personal forum and mis-guided beliefs. This is exactly the reason why the country is in the shape that exists today. The anger, the self righteousness,the all knowing attitude can only lead to destruction. Did the pastor mention the passage, judge ye not less ye be judged? I am a believer, however, I do not force others to see life the way I do. After all, these are not biblical times. If we don't put our differences aside, our survival and the future of our children are at stake.6zhjzr
First, in reply to your post, we don't really know what the family of the slain officer had asked this other officer to say. All we know is that he was asked to give a sermon by the family. I will let you draw logical conclusions from that analysis.
Second, unless we sat through the sermon or read the sermon or heard an audio version of the sermon, we do not know the context of what he said. Jumping to contusions always gives one a headache.
Third, the broader issue is reguardless of whether what he said was right or not, does he under the 1st Amendment have the right to say something of a religious nature in a service the family requested be of a religious nature, condemning the actions of a people within a specific community? And furthermore can those comments off the job be used against him in his wrkplace?
Well Matt, I was present at the funeral. It was a complete shock to everyone when he exploded in an apostolic tirade. His comments were not based on eulogizing the deceased officer, a father of two, no affiliation to the gay life style, and a well-establishede officer adored by the community. His sermon-on-the-mount touched on folks that fornicate (Got a wife at home and two girlfriends across town), the gay life style, Adam-Steve or Gina-Lina,) etc. It was embarassing to the department and very uncomfortable for the family.
I believe in the 1st Ammendment, but he acted in the capacity of similar to a Department Chaplain, cops are on duty when they aren't opofficially in uniform. I was front row center and saw Chiefs, Captains, and other brass turning shades of red without the suntan lotion. Yes he preached fire and brimstone, but did Officer Warthon a diservice, it should have been presented at another forum.... Like a Gay Pride Parade or 1st Ammendment Protest.
This is in response to the posting of Hot Under The Collar
Let's see, Holyfield was the immediate supervisor for Nathan.
Holyfield is also a pastor.
The family asked Holyfield to give a short sermon, possibily as a dying wish from Nathan.
In the time where Holyfield was Nathan's supervisor, Nathan probably asked Holyfield to give a sermon at his funeral if that was ever needed.
They also probably discussed what should be said in that sermon and why Nathan wanted it said.
As a neighbor and, I would like to think, friend to Nathan, I knew him to be an honorable man, concerned with the direction this society was headed.
So, it was not a shock for me to hear the content of the sermon, even though I was more than a little uncomfortable in that service.
But as a public employee, I am not brave enough to stand up and risk my job, my pension and my reputation in defense of Holyfield, because I know I will be labeled a bigot along side Holyfield.
Now, Mr. Hot, if Nathan knew of your wife and two girlfriends along with other corruption within those attending the funeral then that might have been his final way of shocking you and the rest of us out of our sins, so that we may be redeemed, by means of Holyfield.
If Nathan was even marginally successful, then he would have done one last great service to our community.