Enraged and energized by President Obama’s support for marriage equality, conservatives have begun to speak out not only against Obama but also against anti-discrimination laws, not just marriage, for gays and lesbians. Terry Jeffrey of CNSNews, an outfit of the Media Research Center, told American Family Association’s Tim Wildmon and the Family Research Council’s Tony Perkins on Today’s Issues that anti-gay discrimination is not “morally wrong” and asking people not to discriminate against gays would violate natural law:
Jeffrey: It’s worth noting that the Obama Justice Department has gone out into the courts and taken the position that discrimination against homosexuals is identical or ought to be identical in law to racial discrimination. Fact of the matter is, racial discrimination is morally wrong, I think Tony you were mentioning the natural law before. Racial discrimination is a violation of natural law, that was the point Martin Luther King made, it goes against the very principle laid out in the Declaration of Independence. The fact is, homosexual behavior goes against the natural law, as well as being specifically condemned in Scripture.
So if you have a federal government that is going to force Americans to treat homosexual behavior as if it’s a moral right, you basically have a federal government that is asking the American people to overturn the entire moral order on which our society depends. Personally, I believe people who stand up and fight for that and articulate the truth are going to have the r argument resonate with people because quite frankly God wrote the law on people’s hearts and people know that’s true.
James Dobson, the founder of Focus on the Family, weighed in on Obama’s remarks by arguing that he is defying God and lamenting that America is emulating Sodom and Gomorrah:
Dobson: I can just tell you from my point of view I will be praying even harder about this upcoming election because there is so much at stake. Marriage must be maintained, it’s been in existence on every continent on earth since the Garden of Eden, not just in Christian countries but wherever mankind has taken root, marriage as a relationship between one man and one woman has been honored in law and in practice. Obviously homosexuality has flourished in many places, in Rome, in Greece, in Sodom and Gomorrah, but it has been relationships between one man and one woman because we’re made that way, we’re designed that way. To throw it on the ash heap of history at this stage of our existence and defy the God of Abraham, Isaac and Jacob, which I believe this does, has got to be considered by all of us.
Talk show host Janet Parshall responded to the news by blaming the “Father of Lies” (Satan) and describing it as man “raising his fist” at God:
Yesterday, Janet Mefferd even said that because of Obama, the country is “swirling down into the sewer”:
Perkins told Mefferd today that marriage equality is “not about rights” but “fundamentally changing America,” even suggesting that “nobody lost any rights” as a result of North Carolina passing Amendment One, even though unmarried couples, both gay and straight, could lose partnership rights. Perkins later lamented that Obama’s support for LGBT equality is “beyond comprehension”:
Perkins: This is not about rights. Nobody lost any rights when North Carolina amended their constitution on Tuesday. What was preserved was the ability of parents the way they want to, the ability of religious organizations to associate based upon their shared faith and not be forced to change that because of someone’s sexual orientation, public accommodations are not wide open to whoever wants them based upon what gender they feel like for the day. This issue as it’s beginning to unfold now not theoretically but in very practical ways as people are losing jobs, churches are being forced into certain things, people realize this is not about two people living together and loving each other, it’s about fundamentally changing America.
The administration when George Bush was president, it did not deal with the marriage issue and the social policies surrounding homosexuality I would say not even, maybe ten percent, a tenth of what this administration has done on it. It is every day it is some new revelation. It is beyond comprehension.
Following President Obama’s remarks supporting marriage equality, the Religious Right is now moving from expressing its anger to rallying the base for Mitt Romney.
American Family Association spokesman Bryan Fischer on Focal Point yesterday said that Obama is “toast” and “just handed the election to Mitt Romney” because he favors “behavior that will kill you if you don’t catch yourself in time”:
President Barack Obama has officially come out in favor of homosexual marriage, he has officially come out in favor of unnatural marriage, he has come out in favor of giving society’s highest recognition to behavior which is immoral, which is unnatural and which is unhealthy, behavior that will kill you if you don’t catch yourself in time. Be encouraged, because this is going to be decisive in this campaign. This thing right here is decisive in this campaign. President Barack Obama just kicked away his re-election chances, they’re gone, toast, out the window, stick a fork in Barack Obama, he stuck a fork in himself, he’s done, he’s toast, if Mitt Romney will hold the line. Mitt Romney just got handed this election. Ladies and gentlemen, do not underestimate what just happened, Barack Obama just handed the election to Mitt Romney.
Peter LaBarbera of Americans For Truth About Homosexuality talked to Janet Mefferd yesterday where he derided Obama’s mention of the Golden Rule in his announcement as “preposterous,” calling Obama’s endorsement of marriage equality an “appalling blasphemy”:
It’s appalling, Janet, it’s just appalling. He’s distorted the Bible from the get-go, remember, he sort of dismissed Romans 1, I can’t remember the adjective he used but ‘not very important’ because that got in the way of his embrace of homosexuality. The Golden Rule, as I think we both understand it, is that you don’t want somebody to practice sin; you want them to experience Jesus Christ, to be forgiven through Jesus Christ and live a Godly life. So helping somebody embrace homosexuality, especially with state recognition of so-called homosexual marriage, which is actually a blasphemy, you’re taking a perversion, what God calls an abomination, the practice of homosexuality, and you’re attaching it to one of the most noble institutions that mankind can experience, which is marriage, it’s an appalling blasphemy. For Obama to say that’s the Golden Rule to advocate that is just preposterous and I hope that most Christians, people of faith, even those who aren’t Christians, can see through what this is, that he’s just trying to justify this pandering act to his left-wing base.
Not to be outdone, Randall Terry accused Obama of being “courageous for evil” and “bold for iniquity,” urging pastors to “demand Obama’s ouster from office” for “his betrayal of God’s Law regarding marriage”:
The moment of Truth has arrived for Catholic Bishops and Evangelical Superstars: Will they demand Obama's ouster from office because of his betrayal of God's Law regarding marriage, or will they equivocate, excuse, or just remain silent? Their souls are now weighed in the balance.
Obama has been courageous for evil, bold for iniquity. Will Christian clergy rise to the challenge, and at least show equal valor for the Truth, and for the Lord God whose laws they have sworn to uphold? If they do, they are made of the stuff of saints and prophets. If not, they show they are hirelings, not shepherds; false prophets, not watchmen on the wall.
Gary Bauer of the Campaign for Working Families emailed members alleging that Obama revealed his “disdain and disrespect for anyone in this country who believes in Judeo-Christian values”:
When President Obama publicly declared his support for same-sex marriage yesterday he was displaying his disdain and disrespect for anyone in this country who believes in Judeo-Christian values. Obama thinks that the same-sex marriage movement is so powerful and that we are so weak that his attack on normal marriage will actually help him win a second term.
I need you to help me show him just how wrong he is. Thirty-one states have voted in favor of normal marriage. Tuesday's vote in North Carolina was a landslide for our side. But if he wins a second term our votes may not matter as his appointed judges overrule us and eventually restrict religious liberty in the process.
I don’t think there is anything else I can say. If we won’t stand up now, when will we? Please give whatever you can to help us defeat Obama and his congressional socialist cronies.
Family Research Council president Tony Perkins even released a video message saying that Obama’s stance will rally Religious Right voters to back Romney:
Today’s announcement marks a proud day for our country and for the President. For those of us who have been working towards marriage equality for many years, the impact of having the support of the President of the United States is incredibly powerful. As President Obama made clear in his comments today, marriage equality for all people is an idea whose time has come. Despite setbacks like the results from North Carolina last night, it’s more obvious than ever that the momentum is on our side.
In recent years, more and more Americans have come to understand that preventing loving same-sex couples from getting married causes real harm to the people they care about. In families and communities across the country, Americans are coming to the same conclusion as the President: when two people make a public commitment to love and care for each other, that’s a marriage no matter what the gender of the people involved.
Today the President did the right thing. For thousands of supporters who donated, canvassed and phone banked to help elect Barack Obama in 2008, this is a powerful reminder of why we felt so passionately about this President in the first place.
Now, we must redouble our efforts to knock down one of the biggest barriers to full legal equality nationwide: the discriminatory Defense of Marriage Act (DOMA).
With your continued dedication to core American values like Equality, and your support of our work expand the promise of our country and our Constitution to all families, together, we’ll Dump DOMA and achieve basic fairness for all: the American Way.
Today, President Obama at last acknowledged that he personally supports the right to marry for gay and lesbian Americans. Although the president maintains his position that marriage laws should be decided on a state-by-state basis, his personal statement provides a huge boost to the marriage equality movement. At a time when over half of Americans want full marriage rights for gays and lesbians, the endorsement of a sitting president is a meaningful signal of progress.
Sixteen years ago, in May 1996, People For the American Way became one of the first national groups to endorse marriage equality and vow to work toward it. In a note to members of the organization’s board, which was to vote on the issue, PFAW’s staff wrote that the Right had started to use the “marriage issue” to “polarize Americans” – a strategy that had its first major victory in the passage of DOMA later that year.
Despite all the progress that has been made for LGBT equality in the past sixteen years, the 1996 memo could have been written yesterday:
In recent years, People For the American Way has come to be a very important voice in the ongoing effort to rid America of discrimination and prejudice against gay men and lesbians.
We have done that over the years for the simple reason that it’s the right thing to do. Opposing discrimination and fostering respect and appreciation for diversity are core values for People For the American Way. These are precisely the values under attack in this latest campaign.
Of course, the marriage issue has very real implications for the everyday lives of millions of Americans. In the area of health care for example, existing marriage laws allow a spouse to make critical decisions for an incapacitated spouse; not so for unmarried couples wou haven’t gone through the necessary legal steps. In many hospitals, the right to visit patients in an intensive care unit is limited to immediate family; gay and lesbian partners – lacking the legal status of family – are often excluded, to the great detriment of both partners. In addition, enormous economic consequences flow from the inability of gay men and lesbians to marry, including significant tax and inheritance benefits.
The lack of legal recognition of gay and lesbian families is of particular concern when children are involved, since the children are deprived of the protection of a legal relationship with the non-biological parent and the ability of that parent to make important decisions for them in any number of settings, including schools and hospitals. And if the biological parent dies, the children may well be taken away from their other parent, who has no legal relationship with them.
Sixteen years later, marriage discrimination continues to hurt gay and lesbian American and their families. That a sitting president has publicly acknowledged the impact of that discrimination is very powerful. We hope that soon the injustice we outlined in 1996 will be hopelessly out of date.
In response to President Obama’s public comments in support of marriage equality, People For the American Way President Michael Keegan issued the following statement.
“Today’s announcement marks a proud day for our country and for the President. For those of us who have been working towards marriage equality for many years, the impact of having the support of the President of the United States is incredibly powerful. As President Obama made clear in his comments today, marriage equality for all people is an idea whose time has come. Despite setbacks like the results from North Carolina last night, it’s more obvious than ever that the momentum is on our side.
“In recent years, more and more Americans have come to understand that preventing loving same-sex couples from getting married causes real harm to the people they care about. In families and communities across the country, Americans are coming to the same conclusion as the President: when two people make a public commitment to love and care for each other, that’s a marriage no matter what the gender of the people involved.
“Today the President did the right thing. For thousands of supporters who donated, canvassed and phone banked to help elect Barack Obama in 2008, this is a powerful reminder of why we felt so passionately about this President in the first place.”
As North Carolinians go to the polls today to cast their ballot on an anti-gay constitutional amendment which would write discrimination into the state’s constitution and potentially harm all unmarried couples regardless of orientation, The Guardian put together an interactive feature summarizing the state of LGBT equality across America.
The infographic examines each state’s laws pertaining to LGBT persons’ right to marry, visit loved ones in the hospital or adopt a child, as well as protections from hate crimes and from discrimination in employment, housing and schools. While progress has been made, there is much work to be done.
Regardless of today’s vote, North Carolina will not be adding a dark red section to the outer ring, since state law already prohibits same-sex marriage. The proposed amendment simply inscribes discrimination into the state constitution.
Unfortunately, not all Americans have access to the all the protections and responsibilities that only marriage can provide, and this map demonstrates striking differences from state to state and region to region. That’s why we need the federal Respect for Marriage Act more than ever – to ensure that all Americans, straight and gay, are treated equally under the law.
North Carolina voters today are casting their ballots on Amendment One, an extreme measure that would write discrimination into the state’s consitution and potentially take away important protections for all unmarried couples, gay and straight.
The amendment states that “marriage between one man and one woman is the only domestic union that shall be valid or recognized” in North Carolina. It would not only deal another blow to gay and lesbian couples in the state, who are already prohibited by law from marrying, but endangers protections for all unmarried couples, including domestic violence protections and health insurance coverage.
The Coalition to Protect North Carolina Families is running a handful of powerful ads showing Amendment One’s potential devastating impact. Here are a couple:
President Bill Clinton also recorded a robocall on behalf of the anti-Amendment One campaign. You can listen to it here.
North Carolina voters can find your polling place here.
Liberty Counsel’s Matt Barber appeared on The Janet Mefferd Show on Friday where he argued that the Obama administration is pushing America into a “constitutional crisis” following a decision by the Equal Employment Opportunity Commission that deems discrimination “against employees or job applicants on the basis of gender identity” as a “violation of Title VII of the Civil Rights Act of 1964—specifically its prohibition of sex discrimination in employment.” Barber, who earlier called the decision a “gross abuse of power” and a sign of “Tranny Tyranny” and “homofascism,” told Mefferd that EEOC commissioner Chai Feldblum was using the case, which was “issued without objection by the five-member, bipartisan commission,” to implement the Employment Non-Discrimination Act “by executive fiat.”
Barber and Mefferd both asserted that Feldblum had once said, “gays win, Christians lose.” However, “there is absolutely no factual account of Chai Feldblum making such a statement” and Feldblum denies she ever used that phrase. Barber also dubbed Feldblum an advocate of legalizing polygamy, but she told a Senate hearing, “I do not support polygamy,” and asked her name to be removed from a petition that included support for recognizing households with “more than one conjugal partners.”
Barber: This is the Obama administration doing what we have come to expect from the Obama administration, that is ruling by executive fiat, and Barack Obama here with his EEOC is doing arbitrarily through the executive what the legislature has not been able to do for decades now and that is pass the Employment Non-Discrimination Act, or ENDA. So this is the Obama administration just saying ‘well we’re just going to do what we do,’ he’s once again setting up a constitutional crisis here with this gross overreach in power.
Mefferd: What immediately came to mind was Chai Feldblum, because Chai Feldblum is a commissioner there at the EEOC, she was made as a recess appointment, this is the woman who co-authored or authored ENDA, the Employment Non-Discrimination Act, which Barney Frank sponsored multiple times and was never able to get through Congress, so you’re absolutely right. So putting Chai Feldblum at the EEOC was a really good move if Obama wanted to do this by executive fiat.
Barber: Well sure, and Chai Feldblum of course was a former Georgetown law professor, radical lesbian activist, has advocated polyandrous marriages, communal marriages if you will, involving men, women, any combination thereof. She is a radical, what I call her a sexual anarchist.
Barber: This is a tactic that she has openly, at least she has honestly and openly said that she will apply and that homosexual activists should apply, she has said that when it comes to this notion of newfangled LGBT rights, and the T in LGBT is this notion of transgender, that “gays win, Christians lose.” That when you put that up against religious liberty that the newfangled LGBT rights trump religious liberty, so this is to be expected from a Chai Feldblum led EEOC.
Mefferd: Right, you’re absolutely right about that and I’ve heard her say that at different conferences that she’s attended.
This weekend Tom Minnery, the head of Focus on the Family’s political arm CitizenLink, announced that the group will be withdrawing a so-called “Religious Freedom Amendment” from consideration in the upcoming election, citing what he deemed cumbersome rules on petitions. Zack Ford of Think Progress points out that the amendment effectively would give certain groups or individuals “veto power over all policy decisions,” as pharmacists could cite “a sincerely held religious belief” not to fill prescriptions like birth control, teachers could refuse to teach evolution, and employers could have free rein to discriminate against LGBT employees.
The Denver Post reports that Minnery is considering “another attempt at a ballot measure in the 2014 election cycle or look at a legislative push next year”:
Focus on the Family senior vice president Tom Minnery said Friday the conservative Christian advocacy group soon will withdraw its ballot initiative for a constitutional amendment prohibiting state interference with the religious freedom of a person or organization.
The draft language of the ballot measure said government may not directly or indirectly burden a person or organization by withholding benefits, assessing penalties or excluding a person or group from government programs or facilities.
"There's a tangled thicket of regulations that make it difficult to negotiate our way through the process," Minnery said. "When you think of a genuine grassroots effort by volunteers, (some rules) are a wet blanket in that process."
Minnery said there is pending federal litigation — the Independence Institute, Jon Caldara et al. vs. Bernie Buescher — challenging many aspects of state rules governing the initiative process. It could result in removing some of the worst thorns, Minnery said.
Minnery said one drawback in the process as it now stands is that anyone can file a civil lawsuit alleging fraud against ballot-petition circulators if any petition signers falsify information.
Colorado Springs-based Focus would consider another attempt at a ballot measure in the 2014 election cycle or look at a legislative push next year, Minnery said.
Focus also withdrew a similar measure in 2010.
The Pacific Justice Institute, a California-based Religious Right group, is attacking a bill that would bar minors from undergoing discredited “ex-gay” reparative therapy and ensure that older patients sign a disclaiming informing of reparative therapy’s well-known “harmful” effects. In an interview with LifeSiteNews, PJI president Brad Dacus called the legislation a “gross and outrageous violation against humanity” and an “egregious attack on children and youth”:
Brad Dacus, president of Pacific Justice Institute (PJI), one of several groups who testified against the bill last week, said the bill’s anti-conservative bias was extreme even by California’s standards.
“I can honestly say this is one of the most outrageous, speech-chilling bills we have ever seen in California - and that’s saying a lot,” said Dacus, who told LifeSiteNews.com that the bill is “a child’s welfare issue.”
Dacus pointed out that clinical evidence has shown that sexual molestation and other trauma at an early age can lead to sexual confusion. “To deprive these young people of quality psychiatric counseling and therapy is a gross and outrageous violation against humanity,” he said.
Coupled with California’s recent legislation mandating that public schools use textbooks highlighting homosexual roles in history, Dacus said California’s legislators are waging an “egregious attack on children and youth.”
Yesterday on Faith and Freedom, Liberty Counsel’s Matt Barber railed against—what else?—LGBT equality, warning of a “tyranny of sexually deviant rights” that will overthrow the Constitution. Barber, who previously said that the push for equal rights is part of an attempt “to impose a globalist, communist structure” and put conservatives “behind bars,” asserted that the “LGBT agenda and Constitutional rights cannot exist in harmony.”
This tyranny of rights, this tyranny of the minority, and we’re not talking about racial minorities, neutral minorities, we’re talking about people who define their identity based upon sexually deviant behaviors and proclivities. This is a tyranny of sexually deviant rights and it’s by design to replace the enumerated Constitutional rights given by our Creator based upon the Laws of Nature and of Nature’s God, these so-called rights violate the Laws of Nature and Nature’s God, and yes violate the expressed guarantees that we have to religious liberty, freedom of speech, freedom of association granted to us by the United States Constitution. The LGBT agenda and Constitutional rights cannot exist in harmony. At Liberty Counsel, we defend the Constitution.
Today, Mitt Romney spokesman Richard Grenell, who is openly gay, resigned from his job on the Romney campaign. Grenell’s hiring less than two weeks ago provoked harsh criticism among Religious Right activists including the Family Research Council’s Tony Perkins, former FRC president Gary Bauer and the American Family Association’s Bryan Fischer. Fischer went so far as to suggest that Grenell posed a national security risk, as reported by People For the American Way’s Right Wing Watch.
Michael Keegan, President of People For the American Way, said:
“Mitt Romney is once again trying to have it both ways: claiming that he personally tolerates gays and lesbians while at the same time pandering to the anti-gay right-wing base whose intolerance is legendary. Obviously, it’s not working.
“Romney is clearly depending on Religious Right leaders to help him energize a wary base and they insist that he toe the line. But the support of those leaders comes at a price. If Romney is letting the likes of Bryan Fischer, Tony Perkins and Gary Bauer dictate all his hiring decisions, he leaves no doubt as to what kind of president he would be.
“If Romney will cave to the far-right fringe on this, is there anything he won’t give them when they ask?”
Mitt Romney is eager these days to change the subject from what the public sees as his party's "war on women." He seeks to close the huge gender gap that has opened up as women flee the party of Rick Santorum, Newt Gingrich and Rush Limbaugh in search of something a little less patriarchal and misogynistic.
But Romney's problems with America's women may be just beginning. He can distance himself from the theocratic musings of other Republicans and the macho bullying of Fox News talking heads, but he cannot run away from his own selection of former Judge Robert Bork, in August of last year, to become his principal advisor on the Supreme Court and the Constitution.
Bork hopes to wipe out not only the constitutional right to privacy, especially the right to contraception and to abortion, but decades of Equal Protection decisions handed down by what he calls a feminized Supreme Court deploying "sterile feminist logic" to guarantee equal treatment and inclusion of women. Bork is no casual chauvinist but rather a sworn enemy of feminism, a political force that he considers "totalitarian" and in which, he has concluded, "the extremists are the movement."
Romney may never have to elaborate his bizarrely muted reaction to Rush Limbaugh calling Sandra Fluke a "slut" and a "prostitute" ("it's not the language I would have used"), but he will definitely have to answer whether he agrees with his hand-picked constitutional advisor that feminism is "totalitarian"; that the Supreme Court, with two women Justices, had become "feminized" at the time of U.S. v. Virginia (1996) and produced a "feminization of the military"; and that gender-based discrimination by government should no longer trigger heightened scrutiny under the Equal Protection Clause.
Romney has already said that, "The key thing the president is going to do... it's going to be appointing Supreme Court and Justices throughout the judicial system." He has also said that he wishes Robert Bork "were already on the Court."
So look what Robert Bork thinks Romney's Supreme Court Justices should do about the rights of women.
Wiping Out Contraceptive, Abortion and Privacy Rights
Romney certainly hoped to leave behind the surprising controversy in the Republican primaries over access to contraception, but Robert Bork's extremist views on the subject guarantee that it stays hot. Bork rejects the line of decisions, beginning with Griswold v. Connecticut (1965), affirming the right of Americans to privacy in their procreative and reproductive choices. He denounces the Supreme Court's protection of both married couples' and individuals' right to contraception in Griswold and Eisenstaedt v. Baird (1972), declaring that such a right to privacy in matters of procreation was created "out of thin air." He calls the Ninth Amendment -- which states that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people" -- an "inkblot" without meaning. For him, the right of people to decide about birth control has nothing to do with Due Process liberty or other rights "retained by the people" -- it is the illegitimate expression of "radical individualism" on the Supreme Court.
Bork detests Roe v. Wade (1973), a decision he says has "no constitutional foundation" and is based on "no constitutional reasoning." He would overturn it and empower states to prosecute women and doctors who violate criminal abortion laws. Bork promises:
Attempts to overturn Roe will continue as long as the Court adheres to it. And, just so long as the decision remains, the Court will be perceived, correctly, as political and will continue to be the target of demonstrations, marches, television advertisements, mass mailings, and the like. Roe, as the greatest example and symbol of the judicial usurpation of democratic prerogatives in this century, should be overturned. The Court's integrity requires that.
In other words, the Court's "integrity" would require a President Romney to impose an anti-Roe v. Wade litmus test on all nominations to the Court.
Ending Heightened Scrutiny of Government Sex Discrimination under Equal Protection
Bork is the leading voice in America assailing the Supreme Court for using "heightened" Equal Protection scrutiny to examine government sex discrimination under the Fourteenth Amendment. While women and men all over America cheered the Supreme Court's 7-1 decision in United States v. Virginia (1996), the decision that forced the Virginia Military Institute to stop discriminating and to admit its first women cadets, Bork attacked it for producing the "feminization of the military," which for him is a standard and cutting insult --"feminization" is always akin to degradation and dilution of standards. He writes: "Radical feminism, an increasingly powerful force across the full range of American institutions, overrode the Constitution in United States v. Virginia." Of course, in his view, this decision was no aberration: "VMI is only one example of a feminized Court transforming the Constitution," he wrote. Naturally, a "feminized Court" creates a "feminized military."
Bork argues that, outside of standard "rational basis" review, "the equal protection clause should be restricted to race and ethnicity because to go further would plunge the courts into making law without guidance from anything the ratifiers understood themselves to be doing." This rejection of gender as a protected form of classification ignores the fact that that the Fourteenth Amendment gives "equal protection" to all "persons." But, if Bork and his acolytes have their way, decades of Supreme Court decisions striking down gender-discriminatory laws under the Equal Protection Clause will be thrown into doubt as the Court comes to examine sex discrimination under the "rational basis" test, the most relaxed kind of scrutiny. Instead of asking whether government sex discrimination "substantially" advances an "important" government interest, the Court will ask simply whether it is "conceivably related" to some "rational purpose." Remarkably, Mitt Romney's key constitutional advisor wants to turn back the clock on Equal Protection jurisprudence by watering down the standards for reviewing sex-discriminatory laws.
Judge Bork Means Business: the Case of the Sterilized Women Employees
If you don't think Bork means all this, go back and look at his bleak record as a Judge on the U.S. Court of Appeals for the D.C. Circuit. Take just one Bork opinion that became a crucial point of discussion in the hearings over his failed 1987 Supreme Court nomination. In a 1984 case called Oil, Chemical and Atomic Workers International Union v. American Cyanamid Co., Bork found that the Occupational Safety and Health Act did not protect women at work in a manufacturing plant from a company policy that forced them to be sterilized -- or else lose their jobs -- because of high levels of lead in the air. The Secretary of Labor had decided that the Act's requirement that employers must provide workers "employment and a place of employment which are free from recognized hazards" meant that American Cynamid had to "fix the workplace" through industrial clean-up rather than "fix the employees" by sterilizing or removing all women workers of child-bearing age. But Bork strongly disagreed. He wrote an opinion for his colleagues apparently endorsing the view that other clean-up measures were not necessary or possible and that the sterilization policy was, in any event, a "realistic and clearly lawful" way to prevent harm to the women's fetuses. Because the company's "fetus protection policy" took place by virtue of sterilization in a hospital -- outside of the physical workplace -- the plain terms of the Act simply did not apply, according to Bork. Thus, as Public Citizen put it, "an employer may require its female workers to be sterilized in order to reduce employer liability for harm to the potential children."
Decisions like this are part of Bork's dark Social Darwinist view of America in which big corporations are always right and the law should rarely ever be interpreted to protect the rights of employees, especially women, in the workplace.
No matter how vigorously Mitt Romney shakes his Etch-a-Sketch, Americans already have an indelible picture of what a Romney-run presidency and Bork-run judiciary would look like and what it would mean for women. With Robert Bork calling the shots on the courts, a vote for Mitt Romney is plainly a vote against women's rights, women's equality and women's freedom.
Jamin Raskin is the author of the new PFAW Report, "Borking America: What Robert Bork Will Mean for the Supreme Court and American Justice."
People For the American Way President Michael Keegan issued the following statement congratulating PFAW board member Dolores Huerta, who was yesterday named a recipient of the Presidential Medal of Freedom:
“Dolores Huerta is an inspiration to all who work to make our country a fairer, freer and more just place. She has dedicated her life to fighting for the downtrodden and speaking for those whose voices are too rarely heard. Her tireless work on behalf of working people, women, immigrants, gays and lesbians and others has improved – and continues to improve -- countless lives. We are enormously grateful for the leadership and guidance she’s provided to People For the American Way, and we couldn’t be prouder for her to receive this honor.”
The Presidential Medal of Freedom is the nation’s highest civilian honor. According to the official announcement from the White House, others to receive the honor along with Huerta include former Secretary of State Madeline Albright, singer and poet Bob Dylan, astronaut and Senator John Glenn, writer Toni Morrison, and former Supreme Court Justice John Paul Stevens.
“All of us at People For the American Way congratulate Dolores Huerta on this great honor,” said Keegan. “There is no one who could be more deserving.”