Bryan Fischer of the Idaho Values Alliance came out with an angry press release after we reported Monday night the books 'The Joy of Sex' and 'The Joy of Gay Sex' are going back on the Nampa library's shelves. Geez, didn't see that coming ... but in one sense I agree with Fischer. I don't see why either book should be in a public library, just as I don't like the idea of putting the burden of sex education on our public schools outside of basic biology classes. I don't think teaching us or our kids about sex is a proper role for government when we're having a hard enough time teaching kids math and science.
Of course, I don't get to make that call. I'm one individual whose personal opinion will apparently not prevail and I can accept that.
Fischer apparently cannot accept these books are going back on the shelves, and there are parts of Fischer's news release on the topic that just don't add up. Here's an excerpt (you can read his entire letter here .... http://www.idahovaluesalliance.com/news.asp?id=890 ). "Said Bryan Fischer, IVA Executive Director in a letter entitled ACLU BULLIES NAMPA WITH LAWSUIT THREAT, 'This is just another pathetic example of the use of bullying tactics by the ACLU to trash community values with threats of an expensive lawsuit.'"
Mind you, this is the same Bryan Fischer who sued the City of Boise to keep the Ten Commandments monument in Julia Davis Park. The same man who went to the courts to impose his values when elected officials made a decision he personally did not like. The exact same Bryan Fischer who then publicly complained when the City of Boise went after him for legal fees after he lost in court (and then later wisely paid up with help from donations).
How is it somehow 'pathetic' and 'bullying' when the American Civil Liberties threatens to sue a government body but somehow 'not pathetic' and 'not bullying' when Bryan Fischer decides to do the same thing? That's pretty much the library book definition of a 'double standard' (some would say hypocrisy). One set of rules for Bryan Fischer, a second set for everyone else. Fortunately, we live in a nation that strives to give everyone equal treatment under the law. That includes the exact same access to the courts for both Bryan Fischer and the ACLU no matter how wrong Fischer may think that is.
Don't get me wrong, there's a lot Fischer says in his letter with which I agree. Like him, I believe the community plays an important role in the operation of any public library and citizen input is an essential ingredient. I also applaud the father who made such a determined effort to remove these books. Agree or disagree, it is the kind of citizen activism that makes America a stronger nation.
At the same time, the library board has made a unanimous decision that the burden of fighting this in court isn't worth it to keep these books off the shelves. In the 'Ten Commandments' case, the City of Boise decided it was worth the burden, they fought, they won, and eventually got Fischer and religious activist Brandi Swindell to pay the legal bill.
The Nampa case is a tougher call. How do you defend removing books from the shelves librarians put there in the first place? No matter what Fischer may believe, I have a hard time accepting the idea that local librarians are secretly plotting to feed porn to our kids. The books must be in some way instructional and informative and that's where the 1st Amendment comes into play. Six figures in legal fees later, it seems likely Nampa would lose this one.
Some here in Idaho like to demonize the ACLU. Others write me demonizing Bryan Fischer. I see both as parts of the great American debate, and would only be concerned if we lived in a nation where one had fewer or more legal rights than the other. Clearly, both are being treated equally under the law, and if Bryan Fischer wants to find a legal avenue to challenge this decision, that is his right.
It seems this is similar to the Boise situation years ago, where a pastor from Kansas threatened a lawsuit, and Boise scurried to remove the 10 Commandments out of a faint fear of a lawsuit and attorney fees and then failed to stand up to principle. Ironic really, because the city of Boise spent far more in sweat, costs, and fees if it would have stood its ground.
Again, as then, another threat of a lawsuit but this time from the ACLU and the Nampa library board recoiled like air-popped balloons. Doesn't it make you wonder if the ACLU had threatened the city of Boise bozos about removal of the 10 Commandments monument, they would have capitulated as well? Probably so.
The threat of a lawsuit should not be the measure regarding right action. It is a type of coercion--just another playground bully at his best.
Posted by: CharlesK | September 10, 2008 at 01:46 PM