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Open Letter on Pennsylvania Injustice and Those Attacking Muslims

I have the following open letter to those attacking Muslims and Islam, regarding the recent deplorable event in a Cumberland County, Pennsylvania court. R.E.A.L. has provided the facts that were reported on this incident in a posting “Freedom of Speech: The Responsibility to be Consistent.”

The simple story is that a magisterial Judge Mark Martin apparently sought to intimidate an atheist who was allegedly confronted and allegedly harassed at a Halloween parade in Mechanicsburg, PA by a Muslim man who was offended by the atheist’s Halloween costume. The atheist sought to wear a zombie costume, which was disrespectful to the Islamic prophet Muhammad. If it hadn’t been for the words and actions of Judge Mark Martin, it is very unlikely that anyone would have ever heard about this minor news story and incident.

But Judge Martin made this into a national news story, by giving the appearance of defying our national and universal right to freedom of speech. Unfortunately, his actions have also given a platform for the anti-Islam movement to attack the religious freedom of people to practice Islam and given them a platform to spread hatred against Muslims.

In what clearly appears to be a recording of Judge Martin’s comments at the hearing dismissing charges against Muslim Mr. Talaag Elbayomy, you can hear Judge Martin stating to atheist Mr. Perce that “I don’t think you’re aware, sir, there’s a big difference between how Americans practice Christianity – I understand you’re an atheist – but see Islam is not just a religion.”

Note to Judge Martin – that is precisely the argument that those who seek to attack the religious freedom of Muslims in America use.  In fact, Islam is just a religion like every other religion, especially in America.   There are people of all religious faiths who make their religion the center of their lives and their culture, and also people of all religious faiths who do not.  We have in America and around the world – religious freedom and freedom of conscience.

Not having done enough damage, Judge Martin also warns atheist Mr. Perce that criticizing or mocking the Islamic prophet Muhammed in “many Arabic-speaking countries, predominantly Muslim, something like this is definitely against the law there, in their society. In fact, it could be punished by death, and frequently is, in their society.”

It is deeply disturbing to hear an American judge warning someone who thought they were exercising their freedom of speech (whether we like it or not) on how criticism of Muhammed gets the death penalty for people in other countries.  That was very chilling to hear.

I frankly would not have believed it, if I didn’t hear it myself. Certainly, when it gets to the point that Americans are warned by judicial authorities about the dangers of their freedom of speech (no matter how obnoxious and disagreeable), we have a big problem on our hands.

There was very much an implied threat in that comment by the judge in Pennsylvania.  Furthermore, I am sorry, it was really very clear that the judge said “I am a Muslim.”  (He later said he was Lutheran.  No one should care what his private religion is, and it frankly is no one’s business.  His job is to provide justice under the law – period.)

This incident and the judges comments have been used by many in the anti-Islam movement to attack all of Islam as a religion and all Muslims.  That is wrong and simply spreads hate.

I have many good Muslim friends, including Muslims who have prayed in my home.

They are good citizens and decent people.  I have Muslim friends defending Americans, including American Jews who have been under attack.

I have Muslim friends who defend and work for the human rights of women and people around the world.

I do not think the individual who harassed and allegedly assaulted the atheist at the Mechanicsburg parade is representative of Muslim Americans, and certainly not the Muslims I have met.

Every group, every religion, has diversity – it is not monolithic with one practice, or one set of practitioners.  No group has just good people or just bad people.   Just like humanity – every human identity group is diverse.

But I will tell you that the Muslims I know support our freedom of speech, including the freedom of speech that we don’t like.

The Muslims I know reject violence against their fellow human beings, just like all Americans must reject the violence that continues to be practiced against them and against their mosques throughout the Washington DC area – which is another disgrace in America.   The Muslims I know urge love for their fellow Americans and for their fellow human beings.

To those who think this incident and Judge Mark Martin’s comments demonstrates why we should discriminate against Islam and Muslims, I tell you that is totally wrong and it is also anti-American.

Everyone in America has freedom of speech, and they also have freedom of conscience, freedom of religion, and freedom to worship — regardless of whether a judicial magistrate decides somewhere that your religion is not really a religion.  He does not have the RIGHT to make such decisions in a nation that values and prizes freedom of religion for all its people.

This incident is not about Islam or atheism.

Nor is it about good taste or what is offensive speech.

It is about the freedoms we all share as Americans and as human beings.  If a judge in Pennsylvania, in America, or anywhere in the world cannot understand and defend such Constitutional (in America) or universal (in the world) human rights, he has no reason being a judge – anywhere, anytime, and any place.

Judge Mark Martin needs to resign.  Now.

I am sorry to say this Judge Martin, but the damage you have done is too great.

Perhaps there is another job he is better suited to perform.  Being a judge, especially a judge in America, is not one of them.  I hope that he, the people, and the authorities in Pennsylvania realize this and act on this.  If he fails to resign, I hope that they speak out respectfully but firmly against his injustice to freedom of speech, and make certain he does not get re-elected as a judicial magistrate.  I urge Judge Martin to do the right thing, swiftly.

Justice is not served by our government officials intimidating others to silence their freedom of speech. Justice is not served by warning our citizens of how criticism of religious figures and views results in the death penalty in other nations. Justice is not served by sending a signal that it is alright to harass others you disagree with, if you then suggest you didn’t understand it was wrong to do so.

Justice is also not served by our government officials in stating that Islam is not a religion – and that it deserves more or less freedoms than every other religion in America and its followers more or less freedoms than every other person in America. The truths that we hold self-evident state that we are all created EQUAL.

That commitment to equality and liberty must also include a commitment to reject those who ideas and organizations that would seek to demonize identity groups and religions that they do not like or agree with. If we hold these truths to be self-evident, then such equality requires the compassion and the patience to respect the diversity of people in different identity groups and religions, and to ensure that they have the same EQUAL rights as anyone else.

We end where we begin. We cannot promote human rights, civil rights, Constitutional rights, without HUMANITY. Our shared humanity requires us to have respect, compassion, and love for one another as brothers and sisters in humanity.

Choose Love, Not Hate. Love Wins.

R.E.A.L. Supports the Constitutional Freedoms of the United States of America - including Freedom of Speech AND Freedom of Conscience -- They Don't Have to be a CHOICE