I was reading TWC's ToS earlier (a favourite passtime) and I noticed that on this site, as in many countries around the globe, religion enjoys a special protection:
You will surely notice that religion is the only attribute protected while being a matter of choice, contrary to all the other enumerated attributes.
I also had enough with this or that member being "offended" and this or that group being offended, enraged, apoplectic, ballistic etc, because his religion was under attack.
At the same time, I see no special protection and no corresponding offense taken by Nazis, Socialists, Communists, Neo-Cons, Anarchists, Atheists when their set of ideological beliefs are ridiculed or under attack.
So, the simple claim that one's ideology is based on some revelation, spiritual awakening, or bearded thing in the sky seems sufficient to grant to this person an enhanced degree of protection.
Why?
One answer is that if all religions are not equally protected, big religions will eat up the small ones. Christian Churches will dig up Native Indian cemeteries and Mosques will obliterate Zoroastrian Temples. However there is nothing that explains why this situation cannot be dealt by laws protecting cultural heritage and in any case it does not account for the protection religion enjoys against attacks which do not threaten their historical possessions.
Just considering that I can defraud people as long as I state that I was "believing" in the nonsense I was peddling, is to say the least infuriating:
I really wonder what Madoff's lawyers were doing. They could claim that Bernie had a "belief" in the supernatural powers of his Ponzi scheme and he would be free now. Damn amateurs.As the case of United States v. Ballard, 322 U.S. 78, 64 S. Ct. 882, 88 L. Ed. 1148 (1944), demonstrates, the Supreme Court must look to the sincerity of a person's beliefs to help decide if those beliefs constitute a religion that deserves constitutional protection. The Ballard case involved the conviction of organizers of the I Am movement on grounds that they defrauded people by falsely representing that their members had supernatural powers to heal people with incurable illnesses. The Supreme Court held that the jury, in determining the line between the free exercise of religion and the punishable offense of obtaining property under False Pretenses, should not decide whether the claims of the I Am members were actually true, only whether the members honestly believed them to be true, thus qualifying the group as a religion under the Supreme Court's broad definition.
So, I ask again: why?