In the wake of last week’s Supreme Court rulings on critical civil rights issues, a new poll finds increasing support for marriage equality and falling support for the high court itself.
A national Princeton Survey Research Associates poll found that 55 percent of Americans think that marriages of same-sex couples should be legally recognized – the highest level of support ever. A similar percentage (53 percent) believe that affirmative action programs are needed, and more Americans oppose the Supreme Court’s decision to strike down a key part of the Voting Rights Act (49 percent) than support it (40 percent). In other words, the American people are not on board with the Supreme Court turning back the clock on our civil rights.
So it is not surprising that Supreme Court approval ratings are falling. The Princeton poll found the lowest level of approval (43 percent) in eight years, with slightly more Americans disapproving of the way the court is doing its job (44 percent). Similarly, a Rasmussen poll released yesterday found that the percentage of likely voters who think the Supreme Court is doing a poor job is rising.
What is more surprising is that both polls show that a greater percentage of Americans still believe that the high court is “too liberal” than believe it is “too conservative.” As PFAW President Michael Keegan pointed out in May, this is no accident:
“In recent decades, right-wing leaders have worked in popular culture to attack the courts as a liberal peril while successfully organizing to dominate and control legal institutions to create courts that no longer look out for the rights of all Americans. They have set up law schools and legal societies to promote corporate and right-wing commitments, have promoted the appointment of reactionary judges and Justices, blocked the appointment of even moderate jurists, and defined a legal agenda that subordinates individual rights to government power and public regulation to corporate power. Right-wing success in remaking the judiciary in the image of the Republican Party has not led conservatives to curb their bitter attack on ‘liberal judicial activism,’ a fantasy that is several decades out of date but indispensable to this smoke-and-mirrors operation.”
While conservatives continue to crow about “liberal judicial activism,” the American people are realizing that the Supreme Court’s conservative rulings on issues like voting rights and the rights of workers and consumers do not reflect their beliefs or the nation’s core constitutional values.
Pennsylvania Rep. Brian Sims, an openly gay legislator, was blocked from speaking on the floor of the state House on Wednesday by a colleague who believed Sims’ plans to speak about the U.S. Supreme Court’s marriage decision would be in "open rebellion against God’s law.”
According to WHYY, Rep. Daryl Metcalfe raised a procedural objection to stop Sims from speaking during a part of the House session in which legislators often give wide-ranging remarks.
"I did not believe that as a member of that body that I should allow someone to make comments such as he was preparing to make that ultimately were just open rebellion against what the word of God has said, what God has said, and just open rebellion against God's law," said Metcalfe, R-Butler.
Metcalf is a far-right legislator who has sponsored a marriage amendment to the state’s Constitution and “birther” legislation, and called for overturning birthright citizenship under the 14th Amendment in order to “bring an end to the illegal alien invasion.”
Sims, who said he appreciated the apologies and support he received from other Republican members of the House, has asked the legislature to reprimand Metcalfe for his comments.
While civil rights leaders are denouncing the 5-4 Supreme Court decision gutting the Voting Rights Act, the Family Research Council’s Tony Perkins is cheering. In an email alert sent at the end of the day on Tuesday, Perkins says, “With help from the U.S. Supreme Court, America may finally be turning a page on the racial politics that have haunted our last 50 years.” Oh, yes, giving a green light to the kind of blatantly discriminatory voter disenfranchisement efforts that we’ve seen in recent elections is certainly going to help America “turn the page” on racial politics.
Like other Religious Right leaders, Perkins loves to denounce “judicial activism” when judges uphold reproductive choice or legal equality for LGBT people. But he happily embraces this ruling in which a narrow Court majority rejected a huge bipartisan congressional vote that reauthorized the Voting Rights Act in 2006 on a matter in which the Constitution specifically and intentionally gives Congress wide discretion. Perkins complains that “Congress insisted on reauthorizing a Voting Rights Act that was rooted in one of the darkest chapters of U.S. history.” And he claims that “In recent days, the Voting Rights Act has been a tool for a liberal and politically-motivated DOJ to shape laws to its advantage.”
Perkins seems deeply concerned about “the red tape of the Voting Rights Act” that he said has been “unnecessarily handcuffing” states whose history of disenfranchisement meant that they had to have changes in voting procedures pre-approved by the Justice Department or by a three-judge District Court in the District of Columbia. In contrast, Perkins seems utterly unconcerned about more recent voter disenfranchisement campaigns waged by the GOP and its allies.
Perkins cites Chief Justice John Roberts’ disingenuous suggestion that the court was not acting in a way that would encourage discriminatory disenfranchisement. "Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting," Roberts insisted. "Congress may draft another formula based on current conditions."
Is there anyone who thinks Roberts and Perkins actually want the federal-government-hating Tea Party Republicans who are calling the shots in the House of Representatives to support the creation of a new formula that would subject more states to federal oversight? Perkins makes his thoughts on that point abundantly clear with this comment about the Justice Department: “And in an administration as corrupt as President Obama's is proving to be, the less power it has over the states, the better!”