Monday, September 5, 2016

Private Rights, Public Responsibility

The United States Constitution is a marvelous document. It was the first to overthrow the millennia-old idea that the right to govern was “the Divine Right of Kings.” It was a written governing document, defining a framework for running a new form of government “by the People.” And primarily through its subsequent Amendments, the Constitution explicitly delineates certain Rights that are inherent in being a citizen within this government.

Understandably in the aftermath of a Revolution to separate ourselves from an autocratic King,
the Constitution is very focused on Rights; the “Bill of Rights” was a first order of business for the new Congress. What it is less clear about is the flip side of Rights: citizen Responsibility. The Rights statements define obligations of the government to citizens of the United States, but Responsibility was assumed by default. You start out with Rights until you abuse them in some way by injury – either real or as a highly probable potential – to others. (A 12-year-old child does not have the right to drive a car. He may not have killed someone, but the likely possibility from lack of good judgment is deemed too high to risk.)
 
Another one of those assumed principles in our Constitution is our Right to Privacy. To be left alone. If I am causing no substantive harm to you by my actions, then leave me the hell alone. Nowhere in our Constitution is a Right to Privacy specified. (Perhaps the closest to it is the 4th Amendment prohibition against unreasonable searches.) But this important Right has been explicitly presumed in various Supreme Court decisions, most notably(and perhaps ironically) in a 1965 decision overturning laws prohibiting married couples from obtaining contraception aids (e.g. “the pill” newly available), and a 1972 decision overturning laws prohibiting abortion (“Roe v. Wade”). Not withstanding the lack of an express statement, most Americans  believe and expect that Right to be part of their citizenship package. Whatever legal briefs may be filed, the Right to be Left Alone is at the heart of much resistance to a perceived intrusive government. But Privacy, and Rights in general, often collide in the face of expectations of Responsibility. It is a collision that is at the root of many of our social arguments.
 
For example, take our 1st Amendment guarantee of Freedom of Religion, which says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In our homes and churches, temples, and mosques, we have a Right to adopt and practice whatever religion we may choose – including none at all. This individual Freedom can only happen if our government remains strictly neutral about all religions, and prohibited from showing any preference of one religion over another. It is a promise virtually every President has upheld, even when “religious leaders” – and some politicians and lay people – periodically call for their institutions and religious beliefs and practices to dominate over others. (People seem to easily forget that that neutrality is the very thing that allows them the freedom to practice their religion at all.)
 
The Right to practice the religion of our choice in the privacy of our homes and houses of worship nevertheless bumps up against the Rights of all citizens in the public marketplace and government services. We are all equal citizens one-to-one, an equal count in the voting booth, an equal voice in the public debate, an equal owner of our government. Our Constitution guarantees each of us equal opportunity and standing as a citizen unrestricted by race, color, heritage, marital status, gender, or, with some limitations, age or physical health. Nor by most any other categories we have not yet come up with to try to separate ourselves.
 
Our Constitutional Rights are generally personal to the individual. But the detailed laws that carry out these Rights define our Responsibilities to the Community in which these Rights are exercised. We always live simultaneously in both worlds, as individuals while concurrently a member of a mutually interdependent community. Humankind may have once lived entirely self-sufficient lives, without a need for others. That is impossible in today’s shrunken political, economic, social, interconnected world. When we move out of our private lives, and engage in the public place, Responsibility becomes equal to, and sometimes dominant over, Rights. It is a necessary accommodation for creating a civilized society.
 
In our homes, we can associate with whom we choose – likely people very similar to us. But in the public marketplace, we do not choose: everyone is the same. Some of us remember all too well the signs saying “We reserve the right to refuse service to anyone.” In fact, “anyone” inherently meant Blacks and Mexicans, sometimes Jews and Catholics. Women and LGBTs were not even considered worthy of a conversation. Ultimately, our Constitution caught up with, and abolished, such public bigotry. If one is in the marketplace, all citizens are entitled to be served  regardless of what one chooses to believe or do at home. A  Jewish shopkeeper may open a Kosher Jewish deli, but when my friends in Boston took me there, there were usually as many Gentiles there as Jewish patrons! (No religious test for good ethnic food.)
 
Taking the illustration further, in the privacy of their own homes, Justices of the Peace and marriage license Clerks can believe anything they want about the moral correctness of same-gender marriage. But the State has its own secular definitions of marriage from a legal ownership and benefits perspective. It is a perspective that cannot deny a citizen’s Rights based upon the religious choice of either the public servant or the couple seeking the marriage. Each religion has its own religious definitions, ritual, and rules of eligibility to sanctify “religious marriage” within that faith – a freedom with which the State does not interfere. The Community obligation to issue a secular marriage license does not also require you to perform the religious ceremonial ritual. If one chooses to be a public official or officer of the court, the law of community takes precedence, not the Right of Privacy or Religion.
 
The Rights versus Responsibility distinction will always be a source of tension if not outright conflict. Both seem clear when considered separately; the appropriate relationship between the two is rarely easy to determine, especially when two Rights go head-to-head against each other. This same tension is found in all of our Constitutional Freedoms vis-à-vis our laws of Community: gun ownership, freedom of speech, freedom of press, voting procedures. No Right of Freedom can disregard Community Responsibility; no laws of Community can arbitrarily overwhelm Rights. We cannot just have it one (i.e. our) way. The teetering point in between is always a difficult case-by-case compromise, often on a trial-and-error “best effort” basis, determined by people of good will towards each other: respecting Privacy, while building strong Communities.
 
I am usually comfortable with this Rights and Community tension, willing to let each person hold to their individual beliefs and private conduct while expecting respect and accommodation in the public place. But sometimes I do wonder … if I were a small entrepreneur, a baker of cakes in a small shop in my little town, and a Skinhead or KKK member walked in one day and asked me to inscribe a cake with a blatantly offensive racial slur or societal threat – how would I respond?
 
Theory meets daily reality. Life is never perfectly clear. Rarely does it offer easy answers. In the end, there is not a “right” answer. There is only our good will, and best wise judgement, brought to bear that truly matter.
 
©   2016   Randy Bell                           www.ThoughtsFromTheMountain.blogspot.com

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