I found this story to be very interesting as a comment on the value we place on free speech in this country. The Constitution supposedly guarantees free speech to all Americans, but there are many times when it just doesn't seem to work out that way, especially when it comes to money.
In Colorado, a woman decided to showcase her religious views. She did it by placing an 8-foot tall cross in her front yard. Now some, especially christians, might think this was a good thing, but the woman's neighbors (Homeowner's Association) took a different view. They said the erection of the cross violated the homeowner's covenant in the "religiously-neutral" neighborhood (in plain English, it hurt property values). They demanded that she remove it.
When she refused, the matter went to court. A state court ruled that the cross must be removed, and the woman took her case to a federal court (Weatherspoon v. Provincetowne Master Owners Association), claiming it violated her free exercise rights (of speech and expression). The federal court bought the "religiously neutral" neighborhood argument and upheld the covenant of the homeowner's association.
Now those of you who read this blog at least semi-regularly know I am an atheist. You may think I would agree with this court decision and celebrate the removal of the cross. If so, you would be wrong. While I do not believe in a god, I firmly believe in the Constitution -- all of it, especially the parts guaranteeing freedom of speech and freedom of religion. Don't get me wrong. I undoubtably would find the cross to be offensive. But being offended every now and then is just part of the price I'm willing to pay to live in a free country (and if you're never offended than you don't live in a free country).
Frankly, I have never liked homeowner's associations and their restrictive covenants. To me it seems like they violate the very principle of private property rights (and isn't the right to private property supposed to be one of the great things about a capitalist economy such as ours). I think if a person can afford to buy a piece of property (and pay the taxes on that property) then they should be able to do whatever they want on that property -- regardless of who is offended by it.
If a person owns some property and want to put a christian symbol on it (or a muslim, jewish, hindu, buddhist, wiccan or atheist symbol), he/she should be free to do that. They should also be free to paint their structures a weird color or put up a fence of their choosing or whatever else they feel like doing.
I know some of you are probably screaming now about property values. A property near yours with a religious symbol or a structure painted a weird color might affect the value of your own property. I agree -- it might. But we must ask ourselves a question -- is freedom more important or money (because that's what the phrase "property value" is really about)?
I come down on the side of freedom. The court decided that as far as property goes, money is more important than freedom. What do you think. Is money more important than freedom?
Despite my own wishes I live in a (excuse the reference) a god forsaken subdivison. My wife likes having neighbors while I view them as ignorant right-wing hive insects that never had an original thought in their lives.
ReplyDeleteBut anyway, while we do not have a formal home owners association I am up to my eyeballs in nosey twits who are extremely anal about the looks of the neighborhood. One sorry dude will run his huge riding lawnmower everyday during fall to prevent a single fallen leaf from messing up his lawn. Since I'm not into excessive yarwork lets just say I don't get invited to any of the neighborhood tea parties and social functions.
But the thing I find so funny about the entire lot is that while they wrap themselves tightly in freedom, the flag, and all things capitalistic I find their collective mindset about the neighborhood more than a little communistic.