Jody Bottum reprints an email of a friend, on the firing of a Maryland official:
Earlier this week, Robert L. Ehrlich, the Republican governor of Maryland, abruptly removed from office one of his appointees to the board of directors of the Washington Metropolitan Area Transit Authority (WMATA), an interstate agency that oversees public transportation in the Washington, D.C., area. The appointee, Robert J. Smith, had been a regular guest on a local cable news show in Maryland, and on the June 9 program, the topics discussed on the show included the proposed Federal Marriage Amendment, which would limit marriage in the United States to unions of one man with one woman. In the course of the discussion, Smith referred to gays and lesbians as “persons of sexual deviancy.” He later reiterated to reporters that he “consider[s] homosexual behavior as deviant” and explained that this view stems from his Roman Catholic faith. To be sure, “deviant” is a harsh word, and Smith would have done better to stick close to the more careful formulations used in Catholic doctrine, but in context it was perfectly clear that Smith was affirming the moral doctrine taught in the Catholic religion and in a dwindling percentage of other Christian denominations.
Bottum’s correspondent wonders:
The removal of Robert Smith is thus an early-warning sign. Unless things change in ways now quite unforeseeable, it will not be very long before the principle of traditional Western morality that homosexual conduct is immoral will be contrary to the public policy of the United States. As this new public policy takes hold, it will filter through the law and society just as other anti-discrimination norms have. Adherence to the new policy will be a de facto requirement for holding public office, and, as private entities adopt the policy as they have other anti-discrimination norms, people adhering to the traditional moral view will become unfit to serve as directors of public corporations, as officers of professional associations, as union officials, and as university professors. Organizations that do not ascribe to the policy may lose government licenses necessary to carry on their business, become ineligible to receive grants and subsidies, and be disqualified from bidding on government and other contracts. Catholic Charities in Boston recently had to cease arranging adoptions because Massachusetts required that it not discriminate against same-sex married couples in placing children. Organizations not ascribing to the new policy may even lose tax-free status under the Internal Revenue Code to which they would otherwise be entitled. This happened to Bob Jones University because of its racist policies; there is no reason why, a few years hence, the same thing could not happen to Notre Dame because of what will be called its homophobic policies.
A Mirror of Justice blogger comments:
There are some interesting legal issues lurking. I start with the proposition that a Governor can and should be able to remove a policy making appointee who publicly disagrees with the Governor’s policies. That would also be true if Mr. Smith was in favor of gay marriage, and the Governor disagreed. If, on the other hand, Mr. Smith was a bus driver and in an off the job context publicly expressed views contrary to those of the Governor, the First Amendment would protect the employee from sanctions of any kind. On the other hand, this term, in Garcetti v. Ceballos, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.”