Courage of their convictions

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Courage of their Convictions

August 31, 2002

The Courage of their Convictions

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In reading Peter Iron's book The Courage of Their Convictions, I came to learn of the lives and situations of some ordinary Americans who had unequivocal beliefs and sought the protection of the United States Constitution. The Constitution does not specifically address all the possible issues that could come up for debate, rather it sets forth basic principles about which our country was founded. It was written over 225 years ago by men who had the courage of their own convictions, and yet how could they have known that their creation would be used to judge those who didn't want to fight in Vietnam, or by others who believed that their religious beliefs should keep them from saluting the American flag. Our founding fathers would probably be astounded by the world in which we live today, and yet I believe they would agree that all Americans, like the Gobitises, the Jafrees, and even Michael Hartwick, must stand up for what they believe is right and not be cowed by others, even by their own government.

Our Constitution has to be flexible and open to interpretation. I believe that this

aspect is a major factor in its ability to transcend the times. One problem though that comes with this flexibility is that contemporary political and social issues will and do affect its interpretation. After all the Supreme Court is a political institution, where the

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President appoints members who share his values, which suggests that the justices might vote along political lines. When the Gobitis' children refused to salute the American flag on religious grounds, they were expelled from school. The family took their case to the Supreme Court, where they lost because Chief Justice Frankfurter's view that religious beliefs didn't relieve a citizen of his political responsibilities prevailed. Had I lived in the 1930's I might have agreed, but if the case was decided today, I'm sure the expulsions would have been seen as violating our First Amendment rights. Then take the case of Michael Hartwick. When his case was decided, the Supreme Court was "sharply divided" (389). The majority found that the Constitution did not give homosexuals a fundamental right to engage in sodomy. Justice Byron White, a "stern judicial moralist", based the opinion on morality and religious tenets banning sodomy (389). The dissent, on the other hand, focused on the right of privacy and that allowed individuals to engage in intimate relationships without intrusion by government. In his opinion, Justice Blackman urged the court to reconsider, saying, "…depriving individuals of the right to choose for themselves…poses a far greater threat to the values most deeply rooted in our Nation's history than tolerance of nonconformity could ever do" (391). The case simply required a Constitutional interpretation by the highest court and yet the justices couldn't find common ground. It would seem that the justices were so divided because of political, or religious beliefs, not because the Constitution itself was not particularly clear on this matter.

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The "fight" in the various plaintiffs is in itself remarkable. Not because they were naturally belligerent, but because their belief in the fundamental "rightness" of their particular cause was so complete that they never thought twice about fighting for it.

J.D. Shelley simply wanted to live in a house that would suit his family, one that he could afford and one that could help him get on with his life. He didn't care that all his neighbors were white and most might not want him there; he was not intimidated; it wasn't something that would make him leave. And he wasn't about to back down when he was sued for violating the property's racial covenant. Likewise, Robert Bell knew that once he chose to get involved with the sit-ins, there would be no backing down. He admits that he wasn't a particularly brave person, and he eventually decided not to continue with the active sit-ins and other demonstrations. But Bell did move on to go to Harvard Law School, and eventually he became a judge. He felt compelled to give back to the community, and in his own way to continue the fight for equality. Why? Because he fears that complacency is the very thing that will hinder progress and hamper our individual freedoms (152). Daniel Seeger didn't recognize that by checking the "no" box on his draft registration form, his life would change, but it did. The other remarkable thing about these plaintiffs is that they all say they would "fight their fight" all over again if given a second chance. Why? Because it would be the right thing to do, not for the Constitution itself, but to give it an opportunity to make a difference. In their personal statements, each one said something similar to what Dr. Jane Hodgson said: "When I

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first got involved in this issue, I really didn't foresee all the complications…But I haven't any regrets. I wouldn't do it any differently" (279). The conclusions they came to remind all of us that these small, individual struggles are crucial to maintaining individual freedoms for all Americans.

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