Separated at Birth

 

“Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.”
― Jesus Christ, quoted in Matthew 22:21 (King James Version).

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . “
― excerpt from the First Amendment to the United States Constitution.

 

The two quotes above seem straightforward in their meaning, even if some people with self-serving agendas insist there is room for interpretation in both. Some religious groups, but by no means the majority, chafe at the straightforward interpretations and would rather see the federal government allow them to get involved in partisan politics while maintaining their tax exempt status. They applaud any effort to roll back enforcement of the Johnson Amendment to the Internal Revenue Service (IRS) code, which forbids charitable or non-profit organizations with tax exemptions from directly endorsing political candidates. In May, the current president signed an executive order relaxing those restrictions, essentially directing the IRS to use discretion in enforcing the Johnson Amendment. Since the law would have to be changed by Congress, court challenges to the executive order will probably crop up, though none have as of yet.

 

The simple solution for religious groups who want to submerge themselves in the American political process is to forgo tax exempt status. That appears not to be an option they care to consider. They want their cake, and to eat it, too. The Johnson Amendment, added to the IRS code in 1954 by Lyndon Johnson, at the time a Democratic senator from Texas, has always been laxly enforced by the IRS, revoking the tax exemptions of only the most egregious violators. That’s not good enough for some people. They want the wall separating church and state torn down.
LBJ and Diaz Ordaz
President Lyndon B. Johnson hosts the President of Mexico, Gustavo Diaz Ordaz, at his Texas Ranch in 1964; photo by Yoichi Okamoto.

 

But not necessarily torn down completely. Muslims, in the view of the Christian Right, should probably not be included in a law respecting an establishment of religion by allowing them to funnel their congregants’ money to chosen political leaders, just like their Christian counterparts. Not so sure about the Jews, either. Catholics? We’ll have to think about that one. Once we start making exemptions for the exemption, we have to decide who gets it and who doesn’t. What would Jerry Falwell do? His son, Jerry Falwell, Jr., Liberty University President and leader of the evangelical Christian Right, believes the Johnson Amendment has to go because it infringes on the free speech rights of religious leaders.

In this scene from the 1980 film Caddyshack, Bishop Pickerling, played by Henry Wilcoxon, plays golf during a thunderstorm, with groundskeeper Carl Spackler, played by Bill Murray, serving as his caddy. The Bishop exercises his free speech rights at the end, with consequences. Note that the music quotes the score from the 1956 version of The Ten Commandments.

That argument ignores the reality of religious leaders already expressing themselves freely, just not being allowed to funnel money to candidates while maintaining their own tax exempt status. What religious leaders like Jerry Falwell, Jr., really appear to mean is that the Johnson Amendment is an infringement on their free speech rights in the sense that was addressed by the Supreme Court in the 2010 Citizens United decision, which found that the Federal Elections Commission (FEC) was violating the free speech rights of corporations, both for profit and non-profit, when they limited campaign contributions. Money talks. Now some religious groups, such as Mr. Falwell’s, want the same kind of special dispensation, while also maintaining their exemption from paying taxes. That’s called the Sweet Deal!

George Carlin, a man who really did “tell it like it is”, in a bit from his 1988 performance What Am I Doing in New Jersey? Warning: foul language.

For the week beginning August 21, Americans United for Separation of Church and State is organizing what they call Hometown Congressional Visits to express support for the Johnson Amendment. This is a country of many faiths and to allow one vocal minority – regardless of it’s billing of itself as “The Moral Majority” – to usurp the voices of the many would be not only wrong now, but unconstitutional from the founding of the republic.
― Ed.

 

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Deerly Beloved

 

Every gardener will at one time or other have to contend with wildlife or neighborhood pets causing problems in their yard and garden. Vegetable gardens are especially apt to be browsed by wildlife, obviously, and the legal options for backyard gardeners in coping with unwelcome visitors are much more limited than the options available to a farmer whose livelihood is at stake. Today as in the past a farmer can dispose of a varmint chewing up his or her crops with a well-aimed shot from a .22 caliber rifle and law enforcement or neighbors are unlikely to interfere. That option is not generally available to the urban or suburban gardener tending a small plot in close proximity to neighbors’ houses.

 

What is a varmint? A varmint is any animal whose survival habits conflict with your own, just like a weed is a plant out of place. Some people are thrilled to see deer browsing in their back yard, at least for a while, but to others those same deer have long since crossed over into varminthood after they have eaten hostas down to the ground, nibbled away rosebuds on the cusp of bloom, and used their antlers to rub the bark off young fruit trees, killing them. Garden enemies are not limited to deer, although they are probably at the top of most peoples’ lists, and a by no means complete catalog of varmints would for most folks have to include groundhogs (woodchucks), gophers, rabbits, rats, mice, voles, moles, chipmunks,  skunks, dogs, cats, poisonous snakes, raccoons, opossums, squirrels, inattentive drivers, and unsupervised children.


Bill Murray as a golf course groundskeeper in the 1980 movie Caddyshack plots the destruction of the gophers who have been disfiguring the fairways and greens.

For some of these varmints, the critter kind, there are no shortage of chemical and mechanical repellents manufactured by companies eager to help out a distressed gardener and incidentally make a buck on a continuing basis, because all of them require regular re-application or constant tweaking to keep up their effectiveness. Gardeners who have wised up to this laborious and expensive treadmill may look instead to fencing, the only truly effective solution, though effective only in the sense of diminished and insecure expectations. No fence is a 100% effective deterrent for all critters at all times in all situations, as any convict will tell you, although in this case the malefactors seek to break in rather than out.

 

Some gardeners will try to remove the problem from the garden by relocating it, or by hiring someone to do so. Although this practice is illegal nearly everywhere, the gardener can feel smugly humane about it. Unfortunately, it is a poor strategy for everyone concerned. The varmint, let’s say a groundhog, is trapped in a humane trap, but sometimes the animal injures itself in some way in its panic to escape. Injury to a wild animal is often a slow death sentence. The gardener, or his or her proxy, then takes the groundhog out to some countrified place and releases it, feeling good about him or herself, even if the groundhog begs to differ. This is likely another slow death sentence for the groundhog, because for one thing it is not familiar with the new territory, and for another the territory, if it is any good, is likely already occupied by another groundhog or two who will not treat an interloper kindly. The gardener then, with a warm and fuzzy feeling brought on by reflecting on the newfound happiness of the groundhog he or she has just released to frolic in fields of daisies in the countryside, returns home where another groundhog from a neighboring yard eyes the newly unoccupied territory and its fresh crop of tasty vegetation.

 

There are all sorts of other strategies for dealing with varmint pressure on the garden, such as companion plantings or planting only things offensive to them. It can seem the options come down to living in a fenced-in or foul-smelling compound, or giving up on planting old garden favorites like roses and daylilies. There is another option involving compromise and a relinquishing of control, and in the end it may be the only sensible option whether the gardener is willing to acknowledge it or not. It doesn’t mean giving up, but merely giving in where other options are inhumane, or too expensive or unsightly, or just plain idiotic insistence on controlling every little thing. The critters – varmints, if you insist – have just as much right to be here as we do, and that’s true whether you want to acknowledge it or not. Putting up a fight is fine, but try to retain perspective on who is supposed to be the rational creature capable of long-term, ethical considerations.
― Izzy

 

White Tailed Deer
One of the Varmint Cong, or a Beloved Creature? A white tailed deer fawn, Odocoileus virginianus, in Raleigh, North Carolina; photo by Clay Heaton.

 

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