per·se·cu·tion
ˌpərsəˈkyo͞oSHən/
noun
noun: persecution; plural noun: persecutions
1.
hostility and ill-treatment, esp. because of race or political or religious beliefs.
"her family fled religious persecution"
synonyms: oppression, victimization, maltreatment, ill-treatment, mistreatment, abuse, ill-usage, discrimination, tyranny; More
That definition is essentially correct.
But the question remains: was Mr. Robertson persecuted by A&E, or by others acting influentially upon them?
"Persecution" is what groups and governments do, under color of law. But as offensive as it might be to see a man condemned for expressing the moral teachings of his own faith, that's not what resulted in his firing.
I will stipulate this: Christians today are in fact under a sustained cultural assault for their beliefs, most directly at the hands of loud, politically-powerful minorities, and even worse: sometimes with the tacit approval of government authorities.
But as a matter of law, the question is a different one.
The fact is that Mr. Robertson was an employee under contract with A&E and subject to its employment standards, as expressed explicitly in the contract and also, as a matter of law. It is common in such situations that the employer has a presumption in its favor, as regards violations of a contractual agreement by an employee. The reason is that the primary benefit of the relationship flows to the
employee, in the form of financial remuneration which would not be available but for the willingness of the employer to offer it, even if the employer benefits, as in this case by increased sales of its products and services resulting from the efforts of the employee.
One can fire an employee for
any reason except for an explicitly illegal one (e.g. - provable discrimination against a person as a member of a protected group or the refusal of an employee to engage in illegal activities as a further condition of employment).
Absent such considerations, it is difficult to conclude that Mr. Robertson was discriminated against in this case, much less "persecuted", as Christians are not a protected class, nor is it clear that outside pressure was applied in such a manner
and to such an extent as to force the employer to involuntarily terminate their contract.
What is legal, and what is right and just do not always coincide. But often, justice has a way of correcting the flaws in legal remedies. A&E stands to lose huge revenues for succumbing to its perception of political correctness - and in this case, perhaps it should. Okay, forget the "perhaps": it
should.
But that result still does not mean that Mr. Robertson was "persecuted" for expressing his views - only that he fell victim to a behavioral standard implied by his employer, and fully within their power to determine.
Personally, I think A&E was crazy and foolish to give in to a tiny minority with an outsized voice, and to abandon a far, FAR larger base of paying consumers. But it's not illegal to be crazy and foolish unless you inflict harm on someone else. Abrogating a contract for reasons expressed within its own terms does not rise to that standard - no matter how obnoxious the result.
At least for now. As I said, justice - real justice - has a way of catching up in the end. I wouldn't be surprised to see the victim emerge especially triumphant in this case. Would you?
