An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
Am I demonstrating my religious intolerance when I say religion is a poisonous hoax imposed on us by charlatans of every stripe? If I say God is dead and the Pope is a dangerous, hate-filled little man in a funny hat, do I infringe on the rights of those people who love the Pope and pray every night for Jesus to forgive them their sins?
These questions emerged in response to my posts on Jerry Falwell and Christopher Hitchens and the latter’s critique of religion. I am asked: how can you advocate tolerance and then endorse the views of an intolerant, religion-hating man like Christopher Hitchens?
I think it is only possible to raise such questions because mainstream religion has enjoyed special protection in our public life. Religions – at least those religions supported by sizable chunks of the population – have always been treated in a special way and have been exempted from the kind of criticism reserved for other aspects of public life. Religious leaders can get away with far more than any other person in
So, if a Reverend or a Priest say that homosexuals are wicked and will burn in hell, that Reverend or Priest will not be spurned by the media, vilified in editorials, reported to the Human Rights Commission and taken to the equality court. No, we will smile and nod sagely and say that we respect the very Reverends’ beliefs but hold different views. When leaders of the Catholic Church say that women are too feeble to ever become Priests, we smile indulgently and fail to mention feminism and the similarities between the Pope, Jacob Zuma and misogyny.
Of course, the Constitution protects freedom of religion, which means that a person is free to believe that the moon is made of cheese and to tell the rest of us the good news loud and clear. We, however, must surely be free to ask that person whether he has considered a sojourn in a mental institution or a guest spot on Top Billing – or not?
Those who say we should tread carefully around religion, argue that religion is a deeply personal issue of defining significance for many people and that by ridiculing religious beliefs we are not respecting the human dignity of others. We should generally not make fun of the deeply held and sincere beliefs of another, the argument goes, because at best it would seem churlish and at worst vindictive and mean.
But religious beliefs – no matter how sincerely held – are often deeply offensive and dangerous to others. Such beliefs often perpetuate stereotypes and propagate hatred or at least disdain for those who are already marginalised and oppressed. When men of the cloth say, for example, that homosexual acts are sinful, they condemn a whole group of people to vilification and rejection and contribute to a culture of hate and violence against the group.
Perhaps if we really believe in respect for human dignity, we have a duty to speak out against those religious views and beliefs that perpetuate hatred and bamboozle people into suppressing their own personalities and needs. The obsession that many religions have with sex, for example, seem deeply disrespectful of the human dignity of others and also deeply oppressive.
So maybe we should be careful not to mock the harmless religious beliefs that are deeply held by so many people, while fearlessly attacking the deeply primitive and hateful religious beliefs that propagate hate and limit the life choices of others. The trick is of course to know the difference.BACK TO TOP