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ATHEISM, KARLA FAYE TUCKER, AND THE ULTIMATE SANCTION

Is there a link between atheism and the issue of state-sanctioned execution? Nonbelievers disagree on this point; but the Karla Faye Tucker case has important First Amendment ramifications.

It is not a simple case.

Karla Faye Tucker, a 38-year old woman on Texas death row is scheduled for execution by lethal injection on February 3, 1998. Her case has attracted national publicity, not only because of the gender issues involved, but also because Tucker -- an ex-junkie and prostitute turned born-again Christian -- has the support of major religious right figures such as televangelist Pat Robertson pleading her case for mercy.

How should nonbelievers respond to this issue? Should we respond at all? Is there an "official" atheist position on the death penalty?

History gives us a record of how state sanctioned death arose. The death penalty was part of the Code of Hammurabi (1750 BCE, although various dates are provided), the first ruler in the dynasty that presided over ancient Babylon. It is also prescribed in the various texts which constitute the different versions of the Bible; and by one count, execution is prescribed for over 30 different crimes. It is pause for thought that the small but growing and influential Christian Reconstructionist movement in America today seeks to impose the death sanction for 18 offenses ranging from "blasphemy" and sodomy to disobedience to parents. The Draconian Code of Athens, Greece in the seventh century BCE suggested death for nearly every transgression , providing our modern lexicon with the word Draconian, meaning barbaric, harsh and cruel.

In the American experience, the initial sanction of the death penalty was transmitted from English law, which recognized murder, burglary, rape, arson, and treason as capital offenses. History suggests that the application of the death penalty (and other sanctions) depended on various factors, including the ethnicity of the alleged wrong doer. Hug Bedau, an authority on the history of capital punishment, notes that "Blacks, whether slave or free, were threatened with death for many crimes that were punished less severely when committed by whites."

Reforming the Ultimate Sanction...
Opposition to the death penalty has come from many quarters and today, religious groups remain divided as both vocal supporters and opponents of the ultimate sanction. While the Quakers opposed many of the social injustices of the 18th century, for instance, there were comparable calls for reform which came from secular, Enlightenment era philosophers. Voltaire, for instance, opposed the death penalty as well as the common practices of torture and public flogging. Jeremy Bentham's philosophical writings are credited with ending the death penalty in England for many of the 200 or so offenses which in his era prescribed this sanction.

Discourse on the Death Penalty
Unfortunately, much of the public discussion about this issue inevitably falls to a select coterie of "legal experts," criminal justice advocates (police, judges) and religious leaders in order to provide a "moral" or "ethical" perspective. Secularists are rarely included in this debate, even though many arguments for and against the death penalty seek validation through Biblical verses and stories. In the religious camp, those who support the death penalty often cite Old Testament sources, such as "Whosoever sheds man's blood, by man shall his blood be shed" (Genesis 9:6). Religious opponents, however, seeing the cranky and vindictive Jehovah of those books to be a poor ally, turn instead to the New Testament and suggest a more merciful and compassionate Jesus.

Questions for Nonbelievers...
* Is it logically possible to extrapolate an "atheist position" on issues such as the death penalty? Atheism, of course, is a statement of nonbelief in the claims of religion. Does atheism have implications for other areas of life and human interaction?

* Given the existence of the death penalty today (or at any time), should religious belief or deeds be considered as a factor in debating clemency? The Tucker case involves a white, young female who has converted to fundamentalist Christianity. Critics wonder, though, why the religious right groups which support her, and have traditionally been backers of the death penalty, don't also support males who have reported similar religious conversions. Is there religious bias at work here? What if Tucker had converted to Scientology, Catholicism or Islam? Is her support at Pat Robertson's Christian Broadcasting Network an example of selective indignation?

* Are other bias factors at work in the case of Karla Faye Tucker? Nearly every media account of the case mentions her physical appearance, that she is "petite," "attractive," and has married a fundamentalist minister. Would support for Tucker be as forthcoming if she were overweight and mouthy? A lesbian? Black? There are six other women currently on Texas death row, and many of those vigorously asking Texas Governor George Bush and the Board of Pardon's to grant clemency to Ms. Tucker remain curiously silent about the fate of these other women.

* Is an end to capital punishment a desirable social policy in an enlightened, secular society? Many nonbelievers see the social consequences of their atheism or skepticism about religious creeds as leading to the building and defense of secular institutions, and state-church separation. Should the religious origins of the death penalty be a concern for us? Does a secular, non-theistic outlook on life speak to the issue of when and under what circumstances human life may be terminated, and by whom? Ironically, just as Christians have remained divided over the death penalty issue, it should be pointed out that aggressively secular and "officially atheistic" societies have not always abolished capital punishment.

* Would clemency in the case of Karla Faye Tucker set a dangerous precedent in our nation for encouraging "special rights" for religious believers? Many secularists are concerned that legislation (such as the discredited Religious Freedom Restoration Act) are examples of government establishing religion, and a dual-system of justice with "special rights" for churches and those who embrace religious belief.

Expressing your opinion...
In addition to voting in the American Atheist Magazine Forum poll, you are encouraged to express your thoughts on this issue by filling out the form provided. You might also wish to convey your opinions on the case of Karla Faye Tucker to officials in Texas; we urge you, whether you support clemency or not, however, to inform yourself on this case by reviewing the appropriate web pages at this site, and examining other information resources as well. Any letters should be sent to:

The Texas Board of Pardons and Paroles
PO Box 14301, Capitol Station
Austin, Texas 78711

phone: 512-406-5200

Please note that the deadline for any recommendation from this Board is Friday, January 16, 1998.

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