Cal Thomas Fulminates against Freedom

By David Boaz

Cal Thomas, who bills himself as “America’s #1 nationally syndicated columnist,” rose to fame as the vice president of Jerry Falwell’s Moral Majority in its heyday, though you won’t find that fact in any of his official biographies. But you could figure it out by reading his columns. In his latest, on the California gay marriage decision, he ranges from factual inaccuracy to a revelation of just how reactionary and authoritarian he really is to a really striking biblical citation.

He starts by denouncing the “decision by a single, openly gay federal judge.” Not true. Judge Vaughn Walker may be gay, but he has never said so. And Salon magazine demonstrates that any such “evidence” is extraordinarily thin. So this is an extraordinary statement by a man who calls himself a journalist of 40 years’ standing. Not to mention an offensive suggestion that gay people shouldn’t serve as judges. Thomas went so far as to call former attorney general Ed Meese, who recommended Walker to President Ronald Reagan, to ask how such a thing could have happened, and Meese assures him,  “There was absolutely no knowledge, rumor or suspicion” of Vaughn Walker being a homosexual at the time of his nomination by Ronald Reagan. Well, thank God. You’d hate to think that Ronald Reagan would have put an accomplished Republican lawyer on the federal bench if he’d been a homosexual.

Thomas goes on to complain that this (not) “openly gay federal judge” has struck down “the will of 7 million Californians.” Well, yes.  Of course, 6.4 million Californians voted the other way, so I guess on net he struck down the will of 600,000 Californians. And that’s what judges do when they strike down unconstitutional laws. The Supreme Court in Brown v. Board and Loving v. Virginia “struck down the will of tens of millions of Americans.” Libertarians and conservatives asked the Court in the Kelo case to strike down the duly enacted eminent-domain laws of Connecticut.

The sentence continues: The judge also struck down “tradition dating back millennia” — though for much of that time marriage involved one man and more than one woman. And of course traditions are not to be followed blindly. No doubt Cal Thomas thinks that millions, even billions, of Jews, Muslims, Hindus, and Buddhists should leave the faiths of their fathers and follow Christ.

And then the sentence moves to Thomas’s real concern: The judge also struck down “biblical commands, which the judge decided, in his capacity as a false god, to also invalidate.” Does Thomas really believe that the judges of the United States, operating under a Constitution that makes no mention of God, should obey “biblical commands”? It’s true that the Virginia trial judge who convicted the Lovings of miscegenation did rule that “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.” He thought he was following biblical commands. But the Supreme Court overruled that judge.

Thomas is fulminating against gay marriage and against “judicial vigilantism.” But his real objections to American law and life go much deeper:

We have been spiraling downward for some time, beginning in the ’50s with the Playboy philosophy that gave men permission to avoid the bonds of marriage if they wanted to have sex. In rapid succession came the birth control pill (sex without biological consequences), “no-fault divorce” (nullifying “until death us do part”), cohabitation, easily available pornography, and a tolerance for just about anything except those who deem something intolerable.

Cal Thomas would like to take American life back somewhere before the 1950s, before adults could make their own decisions about sex, before birth control and cohabitation and tolerance. The American people may still be split 50-50 on gay marriage, but they would overwhelmingly reject Thomas’s reactionary vision for society.

How reactionary? Well, consider this:

Muslim fanatics who wish to destroy us are correct in their diagnosis of our moral rot: loss of a fear of God, immodesty, especially among women, materialism and much more.

Which sort of follows from his earlier point:

No less a theological thinker than Abraham Lincoln concluded that our Civil War might have been God’s judgment for America’s toleration of slavery. If that were so, why should “the Almighty,” as Lincoln frequently referred to God, stay His hand in the face of our celebration of same-sex marriage?

A more loving Christian might think that God would punish a nation that practiced slavery, but not a nation that allowed everyone to make a commitment to the person they loved. But surely Katrina, the financial crisis, 9/11, and the BP oil spill are enough punishment, even for a nation that displays a “tolerance for just about anything.” Anything that’s peaceful, anyway, as Leonard Read put it.

Toleration really is the thing that Thomas doesn’t like:

What we tolerate, we get more of, and we have been tolerating a lot since the Age of Aquarius generation began the systematic destruction of what past generations believed they had sacrificed, fought and died to protect.

I wonder how many American soldiers really believed that they went into battle to prevent gay people from marrying the person they love. I’ll bet more of them said they were fighting to protect our freedom, our Constitution, and indeed our religious freedom — for everyone.

Thomas ends his column with a biblical citation for those who want to “understand what happens to people and nations that disregard God”:

“In those days Israel had no king; everyone did as he saw fit.” (Judges 21:25)

Two books later in the Old Testament, in I Samuel 8, the story of Israel and its lack of a king is continued. This is actually one of the most famous passages in the history of liberty and of Western civilization. As we’ll see in a moment, the rest of the story served as a constant reminder that the origins of the State were by no means divinely inspired:

    1: And it came to pass, when Samuel was old, that he made his sons judges over Israel.

3: And his sons walked not in his ways, but took bribes, and perverted judgment.
4: Then all the elders of Israel came to Samuel,
5: And said unto him, Behold, thou art old, and thy sons walk not in thy ways: now make us a king to judge us like all the nations.
6: But the thing displeased Samuel, And Samuel prayed unto the LORD.

7: And the LORD said unto Samuel, Hearken unto the voice of the people

9: yet protest solemnly unto them, and shew them the manner of the king that shall reign over them.
10: And Samuel told all the words of the LORD unto the people that asked of him a king.
11: And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, and some shall run before his chariots.
12: And he will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and his chariots.
13: And he will take your daughters to be cooks, and to be bakers. 14: And he will take your fields, and your vineyards, and your oliveyards, even the best of them, and give them to his servants.
15: And he will take the tenth of your seed, and of your vineyards, and give to his officers, and to his servants.
16: And he will take your menservants, and your maidservants, and your goodliest young men, and your asses, and put them to his work.
17: He will take the tenth of your sheep: and ye shall be his servants.
18: And ye shall cry out in that day because of your king which ye shall have chosen; and the LORD will not hear you in that day.

19: Nevertheless the people refused to obey the voice of Samuel; and they said, Nay; but we will have a king over us;
20: That we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles.

21: And Samuel heard all the words of the people, and he rehearsed them in the ears of the LORD.
22: And the LORD said to Samuel, Hearken unto their voice, and make them a king.

God’s warning to the people of Israel — you will be sorry if you choose a king to rule over you – resonated not just in ancient Israel but on down to modern times.  Thomas Paine cited it in Common Sense to remind Americans that “the few good kings” in the 3000 years since Samuel could not “blot out the sinfulness of the origin” of monarchy.  The great historian of liberty, Lord Acton, assuming that all 19th-century British readers were familiar with it, referred casually to Samuel’s “momentous protestation.” And now Cal Thomas thinks this seminal warning against tyranny is a capstone to his tirade against freedom, tolerance, and equality under the law. How sad.

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