Civil Rights Legislation in the US

sculpture of martin luther king jr memorial in gray concrete wall
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Despite mountains of paper, oceans of ink, and general support for civil rights, civil rights legislation remains controversial. This article summarizes the key parts of the current US civil rights legislation, including the Constitutional basis and disparate impact. It touches on the relationship between morality, religion, and rights. Finally, the article addresses some key ideas in the Bible about civil rights and their source.

By Mark D. Harris, MD, MPH, MBA, MDiv, ThM, PhD, DBA

What are civil rights?

A common definition is “Civil rights refer to the fundamental rights and freedoms granted to individuals by a government and are protected by law.”[1] This definition invites several questions.

  1. What are rights? Things that people are allowed to do? Things that people are allowed to abstain from doing? How do rights interact between individuals and groups?
  2. What rights are fundamental? The US Declaration of Independence includes the rights to life, liberty, and the pursuit of happiness. Are there others? The US Supreme Court and International Courts have interpreted fundamental rights broadly. For example, the term civil rights now includes a right to privacy, which was never mentioned in any of the founding documents but came from the International Covenant on Civil and Political Rights (1976).
  3. What are freedoms? The ability to do whatever you want? The ability to do whatever God created you to do? Who decides, the individual, the society, or someone or something else?
  4. Who “grants” civil rights? God? The king? In a government of, by, and for the people, wouldn’t the people be “granting” such rights to themselves?
  5. What is “government?” Definitionally, it is “the action or manner of controlling or regulating a nation, organization, or people.” What are the jurisdictional limitations? Does the US government “grant” civil rights to residents of Mauritania? Is the United Nations a government, and does it grant civil rights?
  6. Who are individuals? Citizens? Visitors? Men? Women? Members of a certain race or socioeconomic class? No civilization in history has granted equal rights to every member of society. No society in history has ever held that every person should have exactly equal civil rights (criminals and the physically incompetent often have their rights limited by governments). Ancient civilizations from Rome to Xian to Tenochtitlan have held the emperor to be divine, thereby exercising rights far beyond anyone else. In Hammurabi’s Babylon, the Amelia (elites) had far greater protections than the Mushkenum (freemen) and the Ardu (slaves).
  7. Which law protects civil rights? English common law? Muslim Sharia law? Christian canon law? Hindu Manu Smriti? Buddhist Sangha regulations? Something else?
  8. Should certain groups be protected? If so, which ones? How do you define these groups? Under Sharia, Christians and Jews are dhimmi, not enjoying the same rights and liberties as Muslims. Under the Hindu caste law, each caste has more rights than those below.
  9. What is the relationship between civil rights law and other categories of law, such as civil liberties law? Does a statute or regulation requiring people to use preferred pronouns in addressing a transgender individual violate the US Constitutional guarantee of freedom of speech?

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Income Inequality and Investing

man wearing black framed eyeglasses with hand on his chin
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In the United States and throughout the world, income inequality is growing. While some degree of inequality is inevitable and even beneficial, inequality for reasons unrelated to personal merit is often problematic. In one example, investors do not share the same opportunities. The rich have many more options to build wealth than the poor do, in addition to having more resources and commonly more financial education. While many of these problems cannot be solved by governments, political leaders can limit income inequality and encourage investment.

By Mark D. Harris, MD, MPH, MBA, MDiv, ThM, PhD, DBA

Income inequality is not necessarily an evil but rather can be a motivator. It can be a fair reward for labor. However, extreme inequality of income and net worth, especially when unrelated to personal effort, is a vexing global problem. Television, the media, and social media highlight the differences between those who are too rich to drive and those who are too hungry to walk. Entrenched money holding, greater financial opportunities, and increasing societal complexity make the problem worse.

As income disparities have increased, certain individuals and organizations have accumulated sums of money unimaginable to most of the world. These hyper-rich private actors can shape the economic system, sometimes to the detriment of other people. Wealth consolidation can be a social good by motivating people to work hard and contribute to society at large. Extreme wealth consolidation, however, raises resentment, feelings of helplessness, and social instability. Though completely unjustified, the murder of UnitedHealthcare CEO Brian Thompson and the lionization of his alleged killer, Luigi Mangione, is an example.

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Philosophy Masquerading as Science

sky
~ MD Harris Institute ~ 1 Comment

Science and technology have revolutionized our world. The average person in a developed country lives better and longer than kings did only 150 years ago. Science is so powerful in the minds of people that it, rather than religion or philosophy, as in an earlier age, is the sole arbiter of truth. Modern people who want to prove their point, whatever that point is, appeal to science. But science cannot answer every question. Often, people and organizations push a political agenda and pretend, or actually believe, that science has proven their agenda to be right. This email conversation is an example.

By Mark D. Harris, MD, MPH, MBA, MDiv, ThM, PhD, DBA

Several years ago, the American Academy of Family Physicians (AAFP) published a policy supporting the requirement for employers to provide contraception for their employees, without a faith-based exception. I sent an email to the AAFP asking why they took such a position.  Such controversial stances would alienate members without achieving meaningful policy goals.  Further, such a position was political, not scientific. AAFP sent me the reply below.

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Courtship to Marriage

photo of coupe walking on grass field
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An answer to a young Ukrainian woman’s question about relationships, such as how to go from courtship to marriage, especially arranged marriage, in 2025.

By Mark D. Harris, MD, MPH, MBA, MDiv, ThM, PhD, DBA

I traveled to Ukraine earlier this month to teach World Religions to students at the Ukraine Baptist Theological Seminary in Lviv. My 16 students were undergraduates, about half male and half female. Less than 50% were married, and all were Christian. While we studied the Unification Church, the “Moonies,” the discussion moved to their practice of arranged marriages. One young woman asked what I thought of arranged marriages. This article is in answer to her concerns.

The Problem

Much like in Western nations, marriage rates have declined in Ukraine.[1] Fertility rates, the number of children each woman will have during her reproductive lifetime, have also dropped.[2] Ukraine was losing people before the Russians invaded in February 2022, and the demographic situation is far worse after three years of war. As in most of the West, relations between men and women are marked by mistrust and antipathy.[3] Women can suffer abuse, men can lose their livelihoods on the flimsiest of accusations, and both are the enemy of each other. Progressives have no idea what men and women actually are, and push singleness or relationships that can never produce children. In such an environment, one can conclude that, intentionally or not, Ukraine, all of the West, and much of the world are committing demographic suicide.

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The Battle on the Marchfeld

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The Battle on the Marchfeld is a little known but important event in military history. As a result of the battle, the Habsburgs came to power and ruled the Holy Roman Empire and later Austria and Spain until the 20th century. 

By Stephen T. Harris, Historian

Background

In 1250, Frederick II, Holy Roman Emperor (1194-1250) died. He had quarreled with the pope and was excommunicated multiple times. The pope had gone so far as to depose Frederick II. As the pope refused to allow one of his descendants to take the throne, the imperial throne fell vacant, leading to the Great Interregnum (1254-1273). A group of princes known as the electors[1] elected Richard of Cornwall (1209-1272), brother of Henry III of England, as King of the Romans in 1257. Still, Richard held little real power in the empire. Richard often remained in England for long periods. The German princes were virtually independent and could do whatever they wished. Some historians argue Richard’s election was intentionally designed to prevent a strong ruler from trying to curb the princes’ power. During the Great Interregnum, the princes worked to increase their power, and many did. The most successful was Ottokar II (1233-1278), King of Bohemia, who used conquest and political marriages to build a massive kingdom that stretched to the Adriatic.

One of those marriages was with the daughter of the Duke of Austria, a woman named Margaret of Babenberg (1204-1266). However, the duchy was not rightfully Ottokar’s. It was an imperial fief and as such should have gone back to the emperor, to grant to whomever he chose. Several years after he married, the pope granted Ottokar an annulment to marry a woman his age and have children. However, this meant he no longer had a legal right to Austria through marriage.

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