Jennifer Emick points to an article in The Ledger. The case is simple: Florida exempts Bibles from sales tax, but not Wiccan books, so Wiccans are suing to end the special tax exemption that privileges Christian religious books over other religions’ books. The Liberty Counsel opposes the effort to achieve equality. Wing Nut Daily has a predictably fawning account:
Liberty Counsel’s president and general counsel, Mathew D. Staver, contends the Wiccans are trying to “collapse the entire house on itself by seeking to eliminate all sales tax exemptions on Bibles and religious publications.”
The state law is constitutional, he insisted. “Even if Florida’s law were questionable under one of the Supreme Court’s fractured prior opinions, which it is not, any attempt to tax religion will not be met with enthusiasm by a majority of the justices on the Supreme Court,” Staver said.
“In case the Wiccans haven’t been paying attention lately,” he added, “they should realize the times have changed. We have a new court.”
It sounds like Mathew Staver is counting on the current Supreme Court being more friendly to defenses of Christian privilege and power, even if that results in minority religions being accorded a second-class status. Perhaps he is right — and perhaps he knows something about the newly appointed justices that the rest of us do not. Either way, though, he doesn’t offer a substantive defense of Florida’s policies on either legal or ethical merits. He doesn’t explain how the policies are either legal or ethical.
The Wiccan legal position appears to be correct to me. They could sue to simply have their own materials included under the tax exemptions, and this appears to be what Staver thinks they should do, but this wouldn’t actually remedy the problem. Lots of other religious materials would continue to be excluded so long as no one is willing to sue to have them included — and regardless of what Staver might think, equal protection of the laws and religious equality should not depend upon one’s willingness to go to court.
It is implausible that the Florida legislature would allow Christian materials to be taxed, so if the current policies are struck down it is likely that lawmakers would act to create a new law that would survive constitutional challenge. Such a law would have be broadly worded and cover all religions, not single out certain religions for special, privileged treatment. This is why the Wiccan tactic appears to be correct: rather than simply thinking of themselves and trying to get themselves included with privileged groups, they are trying to overturn an unjust law so that it might be replaced with a just law. In other words, they are thinking about protecting religious liberty generally, not just liberty for themselves.
Such an attitude can be contrasted with the attitude of Matthew Staver and his Liberty Counsel, where there appears to be little concern with anyone but themselves, their bottom line, and the interests of like-minded Christians.
Separation of Church & State:
- Separation of Church and State 101
- Secularism 101
- What is the Separation of Church and State?
- Religion's Place in the Public Square
- Myths About Church/State Separation
- Church and State News
- Church & State Polls
Christian & Religious Privilege:
Christian Right & Christian Nationalism:
- Religious Intolerance & Bigotry
- Christianism & Christian Nationalism
- Confederate Southern Nationalism & Christianity
- Religion in America
Christian Nationalism & Dominion Theology: