Religious Liberty

Hobby Lobby: One Year Later

This post is written by YP4 intern Christina Tudor.

The National Women’s Law Center (NWLC) recently released a report listing all the ways in which the year old Hobby Lobby decision has opened the door to allowing religious exemptions for all sorts of things. NWLC’s report “The Hobby Lobby ‘Minefield’: The Harm, Misuse, and Expansion of the Supreme Court Decision,” highlights how the decision has set the stage for perpetuating discrimination beyond limiting access to birth control and placing restrictions on coverage.

The distortion of “religious liberty” and the Religious Freedom Restoration Act that informed the Hobby Lobby case has led to a paramedic student claiming his religious beliefs should exempt him from vaccination requirements and some religious groups refusing to provide health care services to sexually-abused refugees. It’s even been used as a defense to try to avoid criminal prosecution for a violent kidnapping.

One Supreme Court decision can do all that damage?

Seriously?

Unfortunately, yes.

As Justice Ginsburg warned in her dissent, “The Court, I fear, has ventured into a minefield.”

It turns out that she was very right.

According to NWLC’s report, in the last year, there have been “attempts to use RFRA to challenge laws that: protect women, LGBTQ individuals, and students from discrimination; protect employees by allowing them to unionize; promote public health by requiring vaccinations; and require pharmacies to fill lawful prescriptions.”

Distorting the true meaning of religious liberty, the Supreme Court ruled that employers and businesses can use RFRA to justify their incompliance with the ACA. In other words, this decision gives bosses the freedom and the power to discriminate against their employees, and this disproportionately impacts women and their families.

The Hobby Lobby ruling has an even greater impact on working class women and their access to affordable, readily available birth control and health care services that they are entitled to and need. Lack of birth control access can also greatly increase economic instability, therefore further increasing inequality.

Equally troubling are objections to D.C. anti-discrimination laws by The Family Research Council, Concerned Women for America, Alliance Defending Freedom, USCCB and eleven other organizations based upon the distortion of religious liberty.

Clearly Hobby Lobby will continue to have a serious impact on men and women across the country, especially women of color and low-income women, as more individuals and companies try to deny basic rights under the mantle of “religious accommodations.” 

PFAW Foundation

Phyllis Schlafly's Guest List

Phyllis Schlafly’s latest newsletter is promoting the Eagle Forum’s 44th annual leadership council gathering. The ever-direct Schlafly gets right to the point:

Why is this Eagle Council so important? It is absolutely urgent that we elect a conservative President. Eagle Council is both a strategic forum featuring top-notch experts helpful to activists like you AND a celebration of our values and achievements to encourage all Eagles.

What exactly are the values Schlafly’s gathering will be celebrating? If her main speakers are any indication, those values would be anti-immigrant and anti-gay bigotry, along with lawless resistance to court rulings on LGBT equality and church-state separation.

Can you guess? Friday night’s keynote will be given by Ann Coulter, who has been complaining that the media has gotten so tired of her predictable liberal-bashing shtick that they aren’t giving enough attention to her latest bottom-feeding screed, “Adios America! The Left’s Plan to Turn Our Country Into a Third World Hellhole.”

On Saturday evening, Schalfly’s Eagles will hear from Alabama Chief Justice Roy Moore, who was removed from the bench once for refusing to obey federal court orders to remove a Ten Commandments monument he installed in the courthouse. More recently, a group that he founded and that his wife leads, the Foundation for Moral Law, vowed to defy the “illegitimate” marriage equality ruling from the U.S. Supreme Court. 

Earlier this year Moore had ordered probate judges in Alabama not to grant marriage licenses to same-sex couples because he said a federal court ruling overturning the state’s marriage ban did not require them to.

On Sunday, Moore told a congregation, “Welcome to the new world. It’s just changed for you Christians. You are going to be persecuted, according to the U.S. Supreme Court dissents.” Moore has previously claimed same-sex marriage would destroy America and invite God’s wrath on the country.

Schlafly’s event will be in St. Louis September 11-13. Mark your calendars! 

Ryan Anderson's Road Map for Marriage Resisters

The Heritage Foundation’s Ryan Anderson, celebrated as the anti-marriage movement’s fresh young face, is promoting his new book Truth Overruled: The Future of Marriage and Religious Freedom, which promises to tell anguished opponents of marriage equality how to respond in to the Supreme Court ruling that same-sex couples have a constitutional right to be legally married. Anderson’s book will be available July 20, but there’s probably no need to order it, since he has been flooding the media with his analysis of the ruling and advice about what anti-equality Christians should do in its wake.

Anderson is a protégé of Robert George, the Princeton professor and current intellectual godfather of the anti-gay movement. Like George, Anderson has made the case that the dispute over marriage is not about discrimination but about definition. Same-sex couples cannot be married, they argue, because marriage is by definition a relationship between a man and a woman, “uniting comprehensively, creating new life, and uniting new human beings with their mother and father.”

Anderson repeats that argument in his legal analysis of the Supreme Court’s ruling at Public Discourse, complaining that Justice Anthony Kennedy did not seriously engage with the main arguments of anti-marriage-equality advocates in his majority opinion. Anderson is unmoved by analogies to bans on marriage by interracial couples:

The problem with the analogy to interracial marriage is that it assumes exactly what is in dispute: that sex is as irrelevant to marriage as race is. It’s clear that race has nothing to do with marriage. Racist laws kept the races apart and were designed to keep whites at the top. Marriage has everything to do with men and women, husbands and wives, mothers and fathers and their children, and that is why principle-based policy has defined marriage as the union of one man and one woman.

Anderson has previously pointed to the anti-abortion movement as the model for long-term resistance to marriage equality. Since the Court’s ruling in Obergefell, Anderson has been more explicit about what the strategy means. In a panel discussion at the Heritage Foundation on June 30, Anderson declared, “The central thesis of my new book…is that the pro-marriage movement is in the same exact situation culturally that the pro-life movement found itself in 42 and a half years ago after Roe v. Wade.”  In the 40 years since the Roe v. Wade decision, that movement has been all too successful at getting legislatures to restrict women’s ability to access reproductive health care, and at convincing courts to go along. In the Boston Globe, Anderson explained how that happened:

The pro-life community stood up and responded to a bad court ruling. Academics wrote books and articles making the scientific and philosophical case for life. Statesmen like Henry Hyde, Edwin Meese, and Ronald Reagan used the bully pulpit to advance the culture of life. Activists and lawyers got together, formed coalitions, and devised effective strategies.

At Heritage, Anderson identified three steps taken by abortion foes that he says must now be pursued by anti-marriage-equality advocates.

  1. Identify the decision as illegitimate judicial activism.
  2. Act to protect the rights of “conscience.”
  3. Wage a long-term campaign of “rebuilding a truthful, strong marriage culture” to “bear witness to the truth” within a culture that has been told a lie, in this case about the nature of marriage. This will be a long-term, “generational” effort, “something our children and grandchildren will be responding to.”

Anderson and other right-wing leaders have certainly been ready to carry out his first piece of advice, denouncing the ruling as judicial activism and, in Anderson’s words, “a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of one man and one woman.” His mentor Robert George responded in kind, saying, “we must reject and resist an egregious act of judicial usurpation. We must, above all, tell the truth: Obergefell v. Hodges is an illegitimate decision.” Anderson’s colleague Matthew J. Franck, called it an “appallingly illegitimate decision.”

As for the second step, acting to protect the “rights of conscience,” Anderson says, “There is an urgent need for policy to ensure the government never penalizes anyone for standing up for marriage. We must work to protect the freedom of speech, association, and religion of those who continue to abide by the truth of marriage as one man and one woman.”

Anderson and other anti-equality leaders are pushing for passage of the so-called First Amendment Defense Act in Congress, and for passage of similar laws at the state level. He says that the First Amendment Defense Act would allow individuals, organizations, and businesses to “act on the belief that marriage is the union of a man and a woman” – in other words, to discriminate against same-sex couples without facing any legal consequences.

Just as the pro-life movement ensured that no pro-life citizen would ever have to pay for an abortion or perform an abortion, so too must we work to ensure no one is coerced on marriage. Rather than forcing people and institutions of faith to go to court for their religious liberty, this bill would prevent the government from ever acting unjustly in the first place.

As we noted recently, this strategy has the potential to lead to increasing restrictions on the ability of same-sex couples and their families to experience the equal dignity the Court has said they deserve.

Shortly after the Supreme Court’s ruling in Roe v Wade, laws were passed to allow doctors who had religious objections to performing abortions to refuse to do so without experiencing negative professional consequences. There has been little opposition to such laws. But over the past few decades, at the urging of anti-abortion activists, the scope of that kind of religious exemption has been expanded wildly to include people ever-further removed from the actual abortion procedure, and expanded to include even marginal participation in the provision of contraception. In emergency situations these accommodation could come at high cost, including the life of a patient.

Exemptions have been extended to or claimed by nurses who don’t want to provide care to women after an abortion, pharmacists who don’t want to dispense a morning-after pill prescribed by a woman’s doctor, even a bus driver who refused to take a woman to a Planned Parenthood facility because he said he suspected she was going for an abortion.

Law professors Douglas NeJaime and Reva Siegel describe these as “complicity-based conscience claims” – claims that are about refusing to do anything that might make one complicit in any way with another person’s behavior that one deems sinful. They note that the concept of complicity has been extended to allow health care providers not to even inform patients that some potential care or information has been withheld from them based on the religious beliefs of an individual or the policies of an institution.

The resistance to complying with the requirement under the Affordable Care Act that insurance plans cover contraception takes the notion of complicity to almost surreal lengths.  Just days after the Hobby Lobby decision, the Court’s conservatives sided provisionally with religious conservatives who are arguing that it is a burden on their religious freedom even to inform the government that they are refusing to provide contraceptive coverage, because that would trigger the process by which the coverage would be provided by others. Cases revolving around the simple act of informing the government of an objection are working their way back toward the Supreme Court….

Given what we know about the intensity of the anti-gay movement’s opposition to marriage equality, it is not hard to imagine how far that movement could run with the principle that religious beliefs about “traditional” marriage are a legitimate basis for discriminating against same-sex couples.

As for Anderson’s final step, waging a generational culture war to promote the idea that marriage can only exist between a man and a woman, he offers several strategies:

  1. Conduct “rigorous social science” on family structures, which he says could be used to sway future conservative justices to overturn Obergefell. Anderson is editor of Public Discourse, published by the Witherspoon Institute, which is probably best known for financing the notorious Mark Regnerus study on “family structures,” which anti-equality groups continue to cite even though the study and the way it has been used by marriage equality opponents have been thoroughly discredited.
  2. Use “better spokespeople.” Anderson says the movement should make more use of gays and people raised by same-sex couples who oppose marriage equality.  Anderson complained at Heritage that both groups filed amicus briefs but that the Court did not acknowledge either.
  3. Live out “the truth about marriage” by demonstrating the beauty, truth, and holiness of one-man, one-woman marriage. Anderson acknowledged that gay and lesbian people did not cause family breakdown, heterosexuals did that through contraception, divorce, and other aspects of the sexual revolution. “Justice Kennedy’s philosophy of marriage is the natural result, the logical result, of the past 50 years of the breakdown of the American family. It’s the natural, logical conclusion of the sexual revolution.” Anderson said "We have ourselves to blame” for 50 years of “failing to live out the truth about marriage.”  Still, he said, “redefining marriage will not do anything to strengthen the family; but it will likely make the family even weaker.”

Anderson has achieved folk-hero status among the anti-gay right and many are likely to follow his road map. The National Organization for Marriage is praising his “encouraging words and advice” on how to “continue the fight to defend marriage as it has always been defined – the union between one man and one woman.”

 

Why The Right's Response To Marriage Equality Is Anything But Principled

This post by PFAW and PFAW Foundation Senior Legislative Counsel Paul Gordon was originally published in the Huffington Post. 

Ted Cruz, Bobby Jindal, and other conservative leaders have recently lashed out against the Supreme Court's decision on marriage equality by proclaiming that local clerks who don't personally agree with marriage equality should not be required to issue marriage licenses or perform weddings for same-sex couples - even though it's their job to provide that service to the public.

Their logic is fundamentally flawed. Civil marriage is a civil function, not a religious one. Government employees allowing someone to access their legal rights are not doing anything religious, nor are they condoning the actions being licensed any more than with any other type of license.

That's why when government employees in our country have had religious objections to divorce and remarriage, they have still had to do their jobs. And when government employees have had religious objections to interracial marriages, they have still had to do their jobs. So, too, have government officials with other religious objections to whether or how certain couples get married.

But when the particular religious belief in question is opposition to lesbians and gays, that's apparently a different matter altogether. Now, suddenly, we're told that government employees need to have their religious liberty "protected."

A principle of religious liberty that is invoked only in the context of one particular religious belief is no principle at all. It is a pretext.

The far-right movement that is coalescing around these "protections" allowing civil servants to impose their religious beliefs on others and deny them service does not have clean hands in this regard. While they proclaim loudly that they just want to "live and let live," the policies they have pursued vigorously for decades have aggressively sought to prevent LGBT people from having basic human rights. The Right's new clamor for "protections" is just another form of homophobia.

If the religious right simply wanted to "live and let live," they would not have spent these past decades seeking to impose their religious beliefs about homosexuality on others both through custom and through force of law. They would not have boycotted television networks for airing shows portraying LGBT people as ordinary people. Nor would they have screamed bloody murder when popular celebrities came out of the closet. They would not have fought to prevent us from raising children. They would not have battled to ensure that surviving members of couples be denied Social Security survivor benefits. They would not have opposed letting us serve our country in the intelligence services or in the military. They would not have put so much energy into convincing Americans that we are sexual predators going after their children. They would not have tried to bar us from teaching in public schools. They would not have threatened us with criminal prosecution just for our private, consensual sexual conduct.

Whether it's religious refusals specific to marriage, more general Religious Freedom Restoration Acts in a post-Hobby Lobby world, or Sen. Mike Lee's misleadingly named "First Amendment Defense Act," the Right is yet again attacking LGBT people. With a growing number of Americans - and now the Supreme Court - affirming that the right to marry is a right guaranteed to all regardless of sexual orientation, some on the Right have come to understand that their best tactic to fight marriage equality is to couch their homophobic goals with the language of "religious liberty" instead of explicitly speaking out against LGBT rights. But it's up to all of us to make sure that they do not succeed in these efforts to portray themselves as virtuous defenders of religious liberty, because in reality they're just waging another war against LGBT people.
 

PFAW

Michael Brown Thanks Justice Kennedy For Religious Persecution That Will 'Galvanize' Church

Anti-gay activist Michael Brown released a snarky thank-you note today to Justice Anthony Kennedy, author of the Supreme Court’s 5-4 decision upholding marriage equality nationwide.  According to Brown’s letter, the ruling will “galvanize” the anti-marriage-equality movement the way Roe v. Wade galvanized the anti-abortion movement.

In a moment of time, you have done more to energize our side than a string of political victories for us could ever have done.

You have so painted us into a corner and so overstepped the bounds of your office that you have singlehandedly strengthened our resolve to stand, even unifying groups and individuals that had not worked together before now.

For that, sir, I sincerely thank you.

I also want to thank you for confirming what we have been saying for many years now, namely, that gay activism is the principle threat to our freedoms of speech, religion, and conscience.

Brown says the marriage equality ruling has given justification to “a torrent of hatred” aimed at religious conservatives, and he cites a biblical injunction from Jesus to his followers to rejoice when they face persecution.

Thank you, Justice Kennedy, for bringing unprecedented religious persecution to the shores of our nation.  Despite the darkness and pain ahead, this will only cause the Church to wake up and grow stronger.

It is worth noting that Brown made similar remarks about a wake-up call for the Church, as well as a “fresh call to revolution”  among America’s pastors, two years ago after Supreme Court rulings that overturned key sections of the federal Defense of Marriage Act and opened the door for same-sex couples in California to get legally married.  In that broadcast, Brown told Christians not to get upset about “gloating” from gay-rights activists, but to pity them because God will “have the last word.”

 

Activists Join Rep. Eleanor Holmes Norton to Protest Bogus ‘Religious Liberty’ Objections to DC Anti-Discrimination Law

The right-wing tactic of pushing discriminatory policies under the guise of religious freedom is nothing new -- we’ve already seen it used to hurt LGBT people in North Carolina, Louisiana, and elsewhere across the country. But now Republican lawmakers are going a step further, by attacking anti-discrimination legislation meant to protect Americans who aren't even represented in Congress.

The legislation is Washington, DC’s Reproductive Health Non-Discrimination Act (RHNDA), which would protect workers from being fired or punished by their employers for things like using birth control, getting pregnant without being married, or having an abortion. DC’s City Council recently passed RHNDA, and now Congress is using its (fundamentally undemocratic) authority to reverse DC’s local laws to repeal it on the grounds that it violates the religious freedom of employers. Last week, the House Appropriations Committee approved a rider that would block DC from using local funds to enforce RHNDA.

Today, Congresswoman Eleanor Holmes Norton (D-DC) held a press conference in DC, where she denounced these congressional attacks and praised the DC employers who have vowed to embrace RHNDA’s protections anyway.

“Republicans do not understand how united this city is against discrimination, and they do not need to; they just need to let the District be the District... Our Republican opponents claim that the Reproductive Health Non-Discrimination Act will allow pro-choice employees of anti-choice organizations to espouse their own personal pro-choice beliefs.  That falsehood must be met with the truth that employees must carry out the mission of their employer.”

Nearly 33,000 people have already signed PFAW’s petition telling Congress not to meddle with DC’s Reproductive Health Non-Discrimination Act.

PFAW

Southern Baptist President Bravely Pledges Resistance Against Non-Existent Forced-Marriage Threat

Fox News pundit and war-on-Christians propagandist Todd Starnes is gushing over a speech by Ronnie Floyd, president of the Southern Baptist Convention. Floyd’s “fiery” and “powerful” and “provocative” comments were part of a diatribe against marriage equality delivered at an SBC gathering in Columbus, Ohio. Floyd called for defiance of a potential Supreme Court ruling on marriage equality with self-aggrandizing, chest-thumping remarks declaring his resistance to a non-existent threat:

“I declare to everyone today as a minister of the Gospel – I will not officiate over any same-sex unions or same-sex marriage ceremonies,” he said. “I completely refuse.”

Starnes praised Floyd for these “resolute” comments, which he says some will label hate speech. They’re more likely to be laughed off as ridiculous. No one in the gay-rights movement wants to force Floyd or any church or minister to marry a same-sex couple. It’s not part of the agenda. But standing up to this non-existent threat apparently got Floyd a standing ovation.

Floyd isn’t the only one using this strategy. Last week, Texas Gov. Greg Abbott made a public fuss over signing the “Pastor Protection Act.” Abbott pretended that its passage was a huge victory for religious liberty, declaring that “pastors now have the freedom to exercise their First Amendment rights.”

In reality, the Texas law was unnecessary, as is Floyd’s brave bluster. The First Amendment is alive and well. Even if the Supreme Court strikes down state laws that keep same-sex couples from getting legally married, Southern Baptist clergy in Texas and every other state will still be free to preach their anti-gay message and refuse to marry same-sex couples. Even Robert Jeffress, a top Southern Baptist pastor and a Fox News contributor, recently told Bill O’Reilly that “nobody” in the anti-marriage equality movement believes that the government will force pastors to officiate same-sex couple’s weddings.

Floyd and Starnes are trying to muddy the religious liberty waters by equating two very different things: one -- requiring a minister to marry a couple against the teachings of his faith – would be an impermissible violation of religious liberty. The other – requiring government officials and people who run businesses serving the public not to discriminate against gay people or same-sex couples – is not.

North Carolina Pastor Speaks Out About Discriminatory 'Religious Freedom' Marriage Law

In response to a bill authorizing public officials to refuse to perform same-sex marriages becoming law in North Carolina this morning, Dr. Terence K. Leathers – a pastor at Mt. Vernon Christian Church in Clayton, North Carolina and a member of People For the American Way's African American Ministers In Action – released the following statement:

“Shame on our legislature for making this harmful and unnecessary bill become law. As a pastor, I believe this is not only a blow for the dignity of all North Carolinians but also a blow for true religious liberty.

“Governor McCrory did the right thing when he vetoed this bill, and the fact that our legislature overrode it shows just how far they will go in misusing the principle of religious liberty in order to discriminate. This is a sad day for our state.”

Last week, Dr. Leathers published an op-ed in The Huffington Post calling on the legislature not to misuse religious freedom to license public officials to discriminate.

PFAW

Clayton, NC Pastor Speaks Out About Discriminatory Marriage Law

In response to a bill authorizing public officials to refuse to perform same-sex marriages becoming law in North Carolina this morning, Dr. Terence K. Leathers – a pastor at Mt. Vernon Christian Church in Clayton, North Carolina and a member of People For the American Way's African American Ministers In Action – released the following statement:

“Shame on our legislature for making this harmful and unnecessary bill become law. As a pastor, I believe this is not only a blow for the dignity of all North Carolinians but also a blow for true religious liberty.

“Governor McCrory did the right thing when he vetoed this bill, and the fact that our legislature overrode it shows just how far they will go in misusing the principle of religious liberty in order to discriminate. This is a sad day for our state.”

Last week, Dr. Leathers published an op-ed in The Huffington Post calling on the legislature not to misuse religious freedom to license public officials to discriminate.

###

Promise Keepers Draws 'Battle Lines' And Demands 'No Compromise!'

Promise Keepers, a Christian “men’s ministry” founded by former Colorado football coach Bill McCartney, is celebrating its 25th year. The group’s current militarized language and imagery matches the increasingly violent rhetoric of resistance and revolution from the far right. It may also reflect the background of current PK President Dr. Raleigh Washington, described as a “20-year U.S. Army veteran.”

The group, which filled stadiums and attracted criticism for its patriarchal message in its 1990s heyday, has a smaller profile today. This year it is holding several gatherings, starting with one in Stockton, California, back in May, with other events following in Dallas in August; Pittsburgh in September (rescheduled from June); Rochester, Minnesota, in October; and Redmond, Washington, in November.  

The Promise Keepers website promotes the events with a headline: “BATTLE LINES: No Compromise!”

Today’s culture nurtures a popular misconception that tolerance is the only reasonable worldview. Unfortunately, this spirit of compromise on key moral and biblical issues has permeated both our culture and the church. Divorce and co-habitation rates continue to rise. Same-sex marriage is now accepted and abortion is still legal in our nation. Scripture is quite clear how we are to respond whenever the foundations of the Christian faith are under attack: our duty is to contend for the faith, without compromise.

In 1 John 1:5 John wrote, “This is the message which we have heard from Him and declare to you, that God is light and in Him is no darkness at all.” This is a very definitive statement. God is light. There are no shades of grey with God. He is Light and in Him, there is no darkness. What is light? It’s truth, and there is no compromising God’s Truth. There is no middle ground.

Considering the current times, as Promise Keepers, we must boldly and courageously stand for truth. We must defend biblical marriage, champion the life of the unborn and protect religious liberty. We cannot stand back and allow moral relativism, cultural decadence, spiritual apathy and ecclesiastical indifference to hinder us any longer. We must draw our battle lines without compromise.

The website declares, “Everything that Promise Keepers does centers on this central truth – obedience to the Word of God.” The website also encourages people to join the “One Message” movement, a project of Promise Keepers that is working to bring about the “greatest revival the world has ever known” – in fact, they say, it’s already under way:

The greatest revival the world has ever known – a revival prophesied by the Apostle Paul and affirmed by men like Jonathan Edwards and C. H. Spurgeon – has begun. And each of us has the amazing privilege of being a part of it.

This revival began 65 years ago, when the State of Israel – a nation that ceased to exist 2,000 years earlier – was reborn in a day. Since then, the Jewish people have been turning by thousands to recognize Yeshua (Jesus’ Hebrew name) as their long-awaited Messiah.

 

Religious Right Angry At Business Support For Marriage Equality

Conservative religious leaders have been delighted to work with parts of corporate America – most notably the Koch brothers’ political networks – to elect candidates who back right-wing social and economic policies. Religious conservatives have championed Citizens United and the demolition of regulations on campaign cash. The Kochs even promote Religious Right leaders who tell their followers that the Bible opposes minimum wage laws, unions, and progressive taxes. But many of America’s biggest companies have also become supporters of equality for gay, lesbian, bisexual and transgender people, and that’s making religious conservatives angry.

When a number of major corporations pushed back hard against an anti-gay “religious freedom” law in Indiana, Gov. Mike Pence asked the legislature to amend the law to state that it would not allow businesses to discriminate. And that made the Religious Right furious. Reliably pro-business Republican presidential candidates like Mike Huckabee, Ted Cruz, Rick Santorum, and Bobby Jindal have been attacking big business support for gay rights in a sometimes awkward attempt at right-wing populist rhetoric.

Today’s mail brought a direct mail letter from the Family Research Council’s Tony Perkins complaining, “Big Business has joined the anti-Christian bullies!” Perkins warns that “the seduction of Big Business by the homosexual rights movement is the main reason that movement has gained such momentum over our freedom to believe and live according to those beliefs.” Perkins asks for donations to “Stop Big Business’s Assault on Religious Freedom” and to support an FRC initiative to talk to business leaders and bring them around.

Another direct mail piece from Perkins, this time for FRC’s political arm, FRC Action, arrived the same day, in an envelope emblazoned with, “When you can’t make a living because you’re a Christian…THAT’S NOT FREEDOM.” The letter complains that “big corporations are foolishly aligning with the Left’s social agenda” and pledges that FRC Action will help states “create and pass a protective wall of religious freedom laws.” Perkins gripes about business opposition to Indiana’s Religious Freedom Restoration Act:

The media published incredible false claims about what the law said and what the law would do. Hollywood celebrities, giant corporations, sports leagues, and even other states became a national lynch mob. They threatened and enacted boycotts of the state.

Tragically the governor ultimately caved in to these pressures. With the corporate community threatening boycotts and economic loss to the state, it appears that many political leaders in the state were more concerned about economic issues than moral truth, religious freedom, and the well-being of the family.

Over at conservative journal First Things, University of Notre Dame Professor Patrick Deneen says it is clear that in Indiana, “Republicans and Christians lost, Democrats and gay activists won.” (Of course this simplistic formulation ignores the Christian leaders who were allied with LGBT activists in opposing the law.) Deneen, a critic of both corporate capitalism and liberal democracy, blames the outcome in Indiana on business involvement:

Had the only appreciable opposition to RFRA come from gay rights activists, RFRA would have been a smashing political success for Republicans. It would have made the right enemies while generating gratitude and energy in the base. They did not expect their usual friends in corporate America to join the opposition, which was an idiotic miscalculation given the fact that establishment outrage scuttled the Arizona RFRA last year.

Deneen wrote last year that “The modern corporation and modern marriage are born of the same philosophical roots: rootless individuals seeking self-gratification in whatever way they see fit, short of ‘harming’ another.” In his First Things article, he portrays corporations standing with LGBT groups as a smart business decision given pro-gay shifts in public attitudes. But he calls the gay-rights collaboration between cultural and economic “elites” a dangerous alignment that is “ready to steamroll anyone in their way.” After Indiana, he says, “religiously based opposition to gay marriage is now more likely than ever to be treated by our society as tantamount to a hate crime,” and warns that the “elite-sanctioned attack on ‘bigotry’” will “reach inevitably into the sanctuaries of the churches themselves.”

Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

PFAW

Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGBT equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

 

Albert Mohler at CNP: Freedom To Preach Gospel Threatened By 'Erotic Liberty'

The secretive Council for National Policy (CNP) and the Conservative Action Project, right-wing coalitions that are trying to figure out how to get conservative evangelicals united around one of the many GOP presidential candidates vying for their support, met outside Washington, D.C. late last week to vet the presidentials and strategize for 2016.

While most of what happens at CNP gatherings is kept behind closed doors, the Southern Baptist Theological Seminary (SBTS) was happy to brag that its president, Albert Mohler, had received the 2015 Edwin Meese III Originalism and Religious Liberty Award from the Alliance Defending Freedom on Friday. The award was presented by ADF’s Alan Sears and the Family Research Council’s Tony Perkins, identified by the SBTS as president of the CNP.

Meese, who played a major role in the rise of the Federalist Society and the right-wing school of constitutional interpretation known as “originalism”— colloquially referred to as “strict constructionism” — was on hand for the event.  According to the SBTS account, Meese said originalism and religious liberty “go hand-in-hand” and asserted that “religious liberty is under attack as never before” in America.

That was also the theme of Mohler’s remarks, which took their title, “The Gathering Storm: The Eclipse of Religious Liberty and the Threat of a New Dark Age,” from Winton Churchill’s account of the period leading up to the World War II. “We are not facing the same gathering storm,” Mohler declared, “but we are now facing a battle that will determine the destiny of priceless freedoms and the very foundation of human rights and human dignity.”

Other excerpts from Mohler’s speech:

A revolution in morality now seeks not only to subvert marriage, but also to redefine it, and thus to undermine an essential foundation of human dignity, flourishing, and freedom….

Already, religious liberty is threatened by a new moral regime that exalts erotic liberty and personal autonomy and openly argues that religious liberties must give way to the new morality, its redefinition of marriage, and its demand for coercive moral, cultural, and legal sovereignty.

A new moral and legal order is ascendant in America, and this new order is only possible, in the arena of American law and jurisprudence, if the original intent and the very words of the Constitution of the United States are twisted beyond recognition….

We are in a fight for the most basic liberties God has given humanity, every single one of us, made in his image. Religious liberty is being redefined as mere freedom of worship, but it will not long survive if it is reduced to a private sphere with no public voice. The very freedom to preach the Gospel of Jesus Christ is at stake, and thus so is the liberty of every American. Human rights and human dignity are temporary abstractions if they are severed from their reality as gifts of the Creator. The eclipse of Christian truth will lead inevitably to a tragic loss of human dignity. If we lose religious liberty, all other liberties will be lost, one by one. I am a Christian, and I believe that salvation is found in no other name than Jesus Christ and in no other gospel, but I will fight for the religious liberty of all.

 

Diversity vs. Scalia at Marriage Oral Arguments

Bringing her own experience to the bench, Justice Kagan helps Justice Scalia with a point that should have been obvious to him.
PFAW Foundation

Bob Vander Plaats Warns Of Divine Retribution For Wiccan Prayer In Iowa State Capitol

The decision of an Iowa state representative to invite a Wiccan priestess to give an opening invocation at the state capitol last week put the Religious Right group The Family Leader in a bit of a bind, since although the group was unhappy with the decision, it was that very day set to host four potential GOP presidential candidates at a forum centering on supposed threats to religious liberty in America.

In the end, the group responded by holding a voluntary alternative prayer service in the capitol for legislators who wanted to skip what ended up being a fairly mundane invocation from the priestess. Family Leader president Bob Vander Plaats warned that it was a “stunning development” with a potential “spiritual ramification” and quoted a verse from Ephesians about spiritual warfare against the “forces of evil,” but didn’t go so far as to say that the Wiccan priestess didn’t have the right to pray at the capitol.

But in a speech that evening to a forum that included likely GOP presidential contenders Rick Perry, Mike Huckabee, Rick Santorum and Bobby Jindal, Vander Plaats — after declaring the supposed threats to the religious liberty of conservative Christians would be "the key issue of the 2016 campaign"  made it clear that while it was “totally within the religious right” to invite a Wiccan to deliver a prayer at the capitol, it might in fact give God reason to withdraw his blessing from America.

Vander Plaats led into the story by recalling that after the September 11, 2001, terrorist attacks, there was “red, white and blue everywhere,” churches “were filled to overflowing,” and lawmakers of both parties were joining together to sing “God bless America.”

“Almost 14 years later, where are we at?” he demanded. “Just this morning, in the Iowa capitol, which is totally within the religious right, but you had a state representative invite someone to deliver a Wiccan prayer. Now, you may say that’s religious liberty, but I’d say you’d better be careful if you want to start mocking the God that you’re asking to bless this country. That’s a huge concern.”

Discrimination Masked as Religious Freedom? Not in My Name.

This op-ed by Rev. Timothy McDonald III, co-chair of People For the American Way's African American Ministers in Action, was originally published at The Huffington Post.

Last week, a bill disguised as a "religious liberty" measure that would give a green light to discrimination was passed by the Georgia Senate and will now go to the House.

As a Baptist pastor, I feel called to weigh in on a proposal that is supposedly designed to protect religious rights in my state. I fully support every person's constitutionally-protected right of the free exercise of religion. The right to pray to whatever God you believe in and freely practice your religion is a fundamental one, and one that must be protected.

But I do not support this bill, which is not a true effort to protect First Amendment rights. And the fact that supporters in the state Senate quickly and unexpectedly brought it up in committee when no Democrats were present makes me wonder if even proponents aren't so sure of its merit.

The proposed bill is modeled on a national religious freedom bill that passed in 1993, and supporters claim that it would shield people of all religions from government intrusion. In reality, this is a bill that threatens to allow businesses and individuals to simply flout the laws they don't like. It threatens to turn "religious liberty" law from a shield to guard individual liberties into a sword to bring harm to others.

For example, what happens if medical workers, citing religious beliefs, decide that they won't treat gay or transgender people? If business owners decide that they won't serve Muslims or interracial couples? If landlords decide they won't rent to single women? Beyond anti-discrimination protections, what happens if individuals or business owners claim they are exempt from any number of laws they disagree with? What happens, for example, if employers decide that paying their workers a minimum wage goes against their religious beliefs? Do we want to live in a society where your legal rights depend on the religious beliefs of others in the community?

Basic rights and equality should never yield to discrimination.

Other religious leaders here in Georgia aren't fooled, either. Working with a group of more than 160 clergy across the state, we have been asking our elected officials to abandon this misguided project, urging them not to pass any so-called "religious freedom" legislation that could lead to widespread discrimination. Handing people the "right" to use the mantle of religious liberty to harm others? Not in our name.

It's clear that rather than fixing a problem, as good public policy should, this bill would create problems, and often for those most vulnerable among us.

Even former state attorney general Michael Bowers, who once fought in favor of anti-gay "sodomy" laws, has called the bill "nothing but an excuse to discriminate," saying it is "ill-conceived, unnecessary, mean-spirited, and deserving of a swift death in the General Assembly."

I agree. My faith tells me that I should stand up for the marginalized. That I should speak out against proposals that could deny basic rights to others -- especially when it's being done in the name of religion.

PFAW

Religious Liberty: Shield or Sword?

Religious liberty is a treasured American value. Unfortunately, laws originally designed to shield individuals’ religious freedom have been turned into swords that, in the name of religion, harm other people and undermine measures to promote the common good.

PFAW Calls On RNC To Cancel Hate Group-Funded Israel Trip

Today People For the American Way President Michael Keegan sent a letter to Reince Priebus, chairman of the Republican National Committee (RNC), urging him to cancel a planned trip to Israel for roughly 60 RNC members that is organized by Christian-nation extremist David Lane and funded by the anti-LGBT hate group the American Family Association (AFA).

We’ve written quite a bit about the extremism of AFA and Lane, and the problems with the RNC associating with them.

The trip is scheduled to begin tomorrow.

Keegan wrote [PDF]:

Although we have no objection to RNC members travelling to Israel, we urge you not to collaborate with those who are funding and coordinating this trip. The American Family Association and Mr. Lane have made it clear that they view the Republican Party as a vehicle for ensuring that the U.S. government is operated by and for conservative Christians, at the expense of those of other faiths and no faith, and those Christians who do not share their particular beliefs.

Mr. Lane insists that the separation of church and state is a “fabricated whopper” meant to stop “Christian America — the moral majority — from imposing moral government on pagan public schools, pagan higher learning and pagan media” and has said that his “long-term strategy” is to place the Bible as “the principle [sic] textbook” in American public schools. Mr. Lane has also warned that an openly gay speaker at President Obama’s inauguration would provoke God to allow car bombings in major American cities.

The American Family Association also holds troubling views about the role of religion in American government and regularly promotes false smears against LGBT people. Although the AFA recently sought to distance itself from its own inflammatory spokesman, Bryan Fischer, it continues to offer him a prominent platform on its radio network, American Family Radio. And AFA still employs as its governmental affairs director Sandy Rios, who along with other radical statements, has warned that “powerful Jewish forces” are using groups like the American Civil Liberties Union to destroy America and just this week mocked the notion that “God is fond of atheist Jews who occupy the land in Israel.”

The American Family Association and David Lane have every right to promote these extreme views. However, it is troubling that a major political party is lending them legitimacy.

What Matt Barber Does And Doesn't Find Appalling

Yesterday, we reported that Matt Barber’s conservative website BarbWire published an anti-gay column by Philip Stallings, a self-described “theonomist” who recently advocated for the “lawful execution” of gay people – or “sodomites.”

Stallings’ column has disappeared, and today Barber tweeted at us, “Wow! Thanks for the tip. We obviously weren’t aware of that & find the position appalling. The answer is life in Christ.”

Well. It’s good to have Matt Barber say he finds the idea of executing gay people appalling. We agree.

But if that’s the case he ought to consider vetting the material he promotes a little more carefully. Just over a week ago we noted that BarbWire had run a column praising Pastor Steven Anderson, who has called for the execution of gays, and has said, “You want to know who the biggest hypocrite in the world is? The biggest hypocrite in the world is the person who believes in the death penalty for murderers and not for homosexuals.”

And given how much anti-gay extremism is promoted by Barber and his Religious Right allies, that got us wondering if anything else short of calling for the killing of gay people would cross the line for Barber.

We collected some other statements that Barber apparently doesn’t find appalling, because they’ve all been in columns promoted on his site:

Here are some other things we find appalling that Matt Barber seemingly does not:

Jeff Allen, a BarbWire editor, compares the gay rights movement to “a malignant cancer” and says, “Each victory for the homosexual activists represents another nail in America’s coffin.”  Allen has supported brutal anti-gay laws in Uganda, Nigeria, and Ethiopia, which include imprisonment not only for sexual conduct but also for joining social clubs or advocating for equality. Allen was upset when criticized for his “innocent mistake” of calling a fake photo of “NAMBLA for Obama” an example of “the undeniable link between homosexuality and pedophilia.” More Allen: “Satanism, sodomy, and slaughter are each part of the Devil’s sinister agenda to destroy America.”

BarbWire content editor Gina Miller has written that the “demonic” gay rights advocates are advancing “Satan’s tyrannical desire to crush Christianity” and warned last year that if gays get their way “Christians here in America will be in danger of state-sanctioned murder for their beliefs.” In June, Miller responded to the announcement that some Boy Scout troops would march in New York’s LGBT pride parade by calling it “a perverse attack on young boys who are being used as little tools by an evil movement of sexual degenerates who cannot reproduce, so they must recruit.”

This spring, BarbWire published a column by former Indiana lawmaker Don Boys recounting his attempt to recriminalize homosexuality. In a similar column a few years earlier, Boys had explained that he wanted to make homosexuality a crime punishable by up to twelve years in prison.

Robert Oscar Lopez wrote for BarbWire that almost every situation “involving a same-sex couple with exclusive custody of small children is adult misconduct at best or a crime against humanity at worst.”

BarbWire publishes notorious anti-gay activist Scott Lively, who wrote this summer that the US and its State Department had become “The Great Satan” of the world for opposing anti-gay legislation overseas. Lively has promoted anti-gay policies in Uganda and around the world.

And that’s just a sampling of the anti-gay extremists who have found a home on BarbWire. Not to mention Barber himself, who says he has been “called by God” to “sound the alarm” about the fact that gay sex is always sinful, and “The wages of sin is death.”

We’re just scratching the service. BarbWire’s extremism is not limited to anti-gay activities. It publishes just about anything you could imagine about President Barack Obama. BarbWire has published calls for God to “cut short” Obama’s presidency and claims Obama worships “Lucifer/Moloch” and intends “to turn the USA into the Marxist-Islamic North American Caliphate.” Among the conspiracy theories it promotes:

We don’t know about Barber, but we find that appalling. 

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