Ted Cruz raised more than a few eyebrows last week when, barely a week into his presidential run, he proposed a radical plan to strip federal courts of the ability to decide cases involving marriage equality.
As Esquire’s Charles Pierce notes, Cruz is echoing a time-honored rallying cry of people who are losing a battle in the federal courts: “Previous attempts include trying to remove the Supreme Court's jurisdiction over cases in a number of instances, including those involving school prayer, school busing, abortion, and pornography.”
The bill, which would have barred federal courts from ruling on cases challenging officials who recognized "God as the sovereign source of law, liberty, or government," never made it out of committee, but it managed to garner 37 cosponsors in the House and five in the Senate; when it was reintroduced the next year, it was up to 50 House cosponsors and nine Senate cosponsors.
Tom DeLay appeared on Steve Malzberg's Newsmax program yesterday to defend Indiana's "religious freedom" law against the attacks from people who "have chosen to be homosexuals," saying that conservative Christians must be ready to "fight this battle to the bitter end."
"This is the result of the gay agenda," DeLay said. "We're now seeing what the gay agenda is all about ... What they're trying to do is to undermine religious liberty so that they become an accepted sexual orientation. That's what's going on here and we have got to fight this battle to the bitter end because once you let the government dictate to you what you believe and what your values are, then this country's finished."
"This isn't about discrimination," he continued. "We love people that have chosen to be homosexuals. The problem is we abhor the sin."
DeLay went on to say that if he owned a business, he'd have no problem serving a gay customer, provided that he didn't know about their sexual orientation.
"But if he comes in and asks me to undermine my values," he said, "undermine my religious liberty, then I have the right to stand up for what I believe in and not serve him. It's not discrimination; it's the government telling us how we are to act, what we are to believe, and that has got to be fought with every ounce of our being":
On today's "Faith and Freedom" radio program, as Mat Staver and Matt Barber discussed Liberty Counsel's effort to defend Puerto Rico's ban on gay marriage, Barber once again shared his view that the push for marriage equality is literally satanic.
"From the spiritual level," Barber asked, "who is the Lawless One? Who is the Great Deceiver referred to in Scripture? The Lawless One is the Father of Lies himself and so this kind lawlessness, we know who is behind it. We know who is behind this push to redefine marriage, from a spiritual standpoint. If God designed human sexuality and designed them male and female, we know who is attacking God's design for human sexuality, God's design for the differences between the sexes and coming together in the institution of marriage as one as one flesh. And it also is a representation of the church, of Christ's relationship with the church, the bride of Christ. And so that is something that Satan hates, it is something that he wants to attack and undermine, so from a spiritual standpoint, isn't it what this all kind of derives from?"
On his radio program yesterday, during which he warned that efforts to clarify Indiana's "religious freedom" law would lead to Christians being placed in slavery, Bryan Fischer suggested that if Christians business owners are required to provide services to gay weddings, they should do so while delivering a sermon on the evils of homosexuality the entire time.
"Yeah, I will bake your same-sex marriage wedding cake," Fischer said, "but I am going to preach the Gospel to you the whole time I am doing it. I am going to warn you about the abominable nature of the behavior you're engaged in. I'm going to warn you about mocking God. I'm going to warn you about blaspheming the true and divine nature of true marriage. I am going to warn you about the mortal danger you are in of suffering hellfire and eternal damnation."
"You come in to get a wedding cake from me and you're a homosexual," he said, "you'll get your wedding cake, but you are going to get a sermon in the process":
A few weeks ago, Matthew Hagee warned on his weekly "Hagee Hotline" program that since same-sex unions cannot naturally produce children, by legalizing gay marriage "you are taking away the ability of that society to survive."
Apparently convinced that this is a compelling and intelligent argument, Hagee repeated it on yesterday's program, declaring that it is an "economical fact" that America needs more people and so allowing gay marriage will inevitably lead to the total collapse of society.
"It is impossible for same-sex marriage to do what biblical marriage does: create children," Hagee said. "Without the procreation of children, the American society economically, will fail; culturally, will fail. It is not a matter of right or privilege, it's a matter of survival":
As Brian mentioned earlier, the American Family Association placed a full-page ad in The Washington Post today urging the Supreme Court not to strike down gay marriage bans because "only God can define marriage."
Bryan Fischer invited AFA president Tim Wildmon on to his radio program today to discuss the ad, which Wildmon said was necessary because someone needed to remind "the Supreme Court of the United States [that if the court] is going to force homosexual quote 'marriage' on America, then they are going against God."
"If the Supreme Court does this and foists unnatural quote 'marriage' on all of America," he said, "it will be an incredible constitutional injustice, it'll represent more of a power grab by the federal bench, and it'll be a fist in the face of God Almighty."
Fischer then chimed in to declare that in placing the ad, the AFA was upholding "the best of the prophetic tradition" found in the Old Testament.
"If there was a king that was out of line, the prophet was the one who was called by God to stand up and say 'what you are doing is evil in the eyes of the Lord," Fischer said, declaring that AFA ran this ad because "there was a need for someone to speak with a prophetic voice to our Supreme Court":
The American Pastors Network, a Religious Right group hoping to organize networks of politically active evangelical pastors in all 50 states, met with Pennsylvania pastors at Lancaster Bible College on Thursday. The day-long event featured several national speakers like “historian” David Barton, activist Paul Blair of Reclaiming America for Christ, and right-wing broadcaster Sandy Rios, who as Kyle reported yesterday, urged participants to prepare for martyrdom.
The threat of anti-Christian persecution was a frequent theme at the U-Turn conference, which took its name and themes from a recent book co-authored by Barton and evangelical pollster George Barna. For example, Steve Scheibner, an American Airlines pilot who narrowly avoided being on a flight that was hijacked and flown into the World Trade Center, declared, “Persecution is coming.” But, he added, “It may be the best thing that’s ever happened to the church.” Another speaker, Dale Anderson, thanked “that rascal” Barack Obama for having woken up the church.
Paul Blair gave David Barton-esque remarks about the nation’s history and cited English jurist William Blackstone in arguing that there can be no valid law that is contrary to scripture. He declared that “Judge Roy Moore,” Alabama’s Supreme Court Chief Justice, is “a hero” for defying a federal judge’s decision on marriage equality. Blair said America is in its current state because too many pastors and people have been “sheep.” He insisted that marriage equality is a line that Christians must not allow to be crossed.
Barna was the Debbie Downer of the conference, reeling off pages of statistics designed to show the moral decline of America and the diminishing influence of the church in American culture. Among the statistics that seemed to land like a punch to the gut: only nine percent of born-again Americans have what Barna calls a “biblical worldview” – just over 51 percent of Protestant senior pastors make the grade. Barna decried the fact that so many pastors do not preach about current political topics.
Barton’s speech contained no surprises for anyone familiar with his shtick about the influence of colonial-era pastors on the country’s founding, the number of Bible verses supposedly contained in the U.S. Constitution, and his insistence that the Bible is filled with specific policy prescriptions, such as opposition to minimum wages and capital gains taxes. In fact, he said, the Bible includes 613 civil laws for running the country.
Barton cited principles of warfare taught at the Army War College to argue that the church is supposed to be on offense, not defense, in current culture war battles. Making that happen is the goal of those who are working to build the American Pastors Network, including Sam Rohrer, a former member of the Pennsylvania House of Representatives and a 2010 gubernatorial candidate, who serves as president of both the national and Pennsylvania networks.
Among the video presentations at the conference was a message recorded by Mike Huckabee in Israel, standing on a ridge overlooking the valley that he said would be the site of the battle of Armageddon. He stood on Mt. Carmel, the site of an Old Testament showdown in which Elijah showed up the prophets of Baal by having God rain down fire on an altar he had drenched with water. America, said Huckabee, needs pulpits willing to call down God’s fire.
Among the vendors doing a brisk business at the conference was the Institute of the Constitution, which promotes a Christian Reconstructionist ideology, and which has used its materials to train Tea Party activists in their vision of a radically, and biblically, limited role for the government.
Anti-gay Presbyterian theologian Robert Gagnon stopped by the American Family Association radio program “Today’s Issues” today to discuss the decision of the largest Presbyterian denomination in the country, the Presbyterian Church (USA), to approve of same-sex marriage.
When the AFA’s Ed Vitagliano asked Gagnon “how in the world our culture has moved so rapidly” on acceptance of homosexuality, Gagnon responded that there were “lots of factors,” including a “full-court press” from elites and “natural concerns” about gay people wanting to form life-long unions.
Another factor, he asserted, is “heterosexual guilt.”
“A lot of heterosexuals have, you know, we’ve not done all that well in some areas of sexual ethics,” he said. “That includes issues of divorce, remarriage, that includes premarital sex, includes abortion. And if you can give a pass on the issue of homosexual practice, in effect it’s a way of exempting our own guilt, and it’s accommodating in a way that’s self-serving.”
Later in the interview, Gagnon cited a passage from Corinthians in which the Apostle Paul disciplines a man who has had sex with his father’s wife as evidence that gay people are “at high risk” of being left behind when the Kingdom of God is established.
“The repercussions for somebody living out of same-sex attractions such that they are actively entertaining those thought desires in their thought life without repentance at any point…or, even worse, engaging in it in the behavior, according to Paul, according to the united witness of scripture, they’re putting themselves at high risk of not inheriting the Kingdom of God,” he said.
Noting that homosexuality might be even more of a grievous sin than incest, Gagnon paraphrased the story: “Paul is very clear at the incestuous man, ‘Okay, if you engage in this behavior, you’re putting yourself at high risk of being excluded from the Kingdom of God. So the only last recourse we have as a church to wake you up, and also not to send a signal to the rest of the church that sexual purity doesn’t matter, is to put you on church discipline, not as a punitive measure, but as a remedial measure so that you will wake up, come to your senses and return to the church, the place of shelter and protection away from the wilds of the Enemy, the Satan, the Adversary.’”
“And that’s not Paul not loving the incestuous man,” he concluded. “It’s Paul showing he really loves the incestuous man. He cares enough for the offender to try to reclaim him to the Kingdom of God, which is what Jesus did in his ministry to sexual sinners and to exploitative tax collectors.”
Operation Save America, the radical anti-choice group that grew out of the original Operation Rescue, will be holding a multi-day event in Montgomery, Alabama, in June to express its support for Alabama Chief Justice Roy Moore’s activism against marriage equality and abortion rights.
OSA head Rusty Lee Thomas writes in a press release today that the event will bring together “hundreds of gentle Christians from across the nation” for a march drawing on “the historical lessons of Birmingham, Montgomery, and Selma.”
A description of the event on the group’s website boasts that “[f]or years, Operation Save America has stood faithfully with Chief Justice Roy Moore, a poet, warrior, statesmen [sic].” It specifically praises Moore’s work to develop a legal framework to support radical anti-choice “personhood” laws and his ongoing standoff with the federal courts over marriage equality.
We are praying for God to record His name in Montgomery and by His Spirit bid His people come to bring the Gospel of the Kingdom to the gates of hell (Abortion mills in Alabama). They will not prevail against the Church of the living God (Matthew 16:18). They never have and they never will. Jesus is Lord!
For years, Operation Save America has stood faithfully with Chief Justice Roy Moore, a poet, warrior, statesmen. Through his many battles, we supported his righteous stands in the face of persecution and tyranny. Today, the Alabama Supreme Court led by Chief Justice Moore continues to stand against injustice and once again we are going to come alongside to help.
Moore, along with Justice Tom Parker, have rendered Decisions from the court that directly or indirectly have taken on Roe vs. Wade. Currently, Moore is acting faithfully as a Lower Magistrate to resist “Gay Marriage” in his state. He is taking another just stand and once again, we will stand with him.
Alabama is also working on establishing “Personhood” for the preborn child who is made in the image of God. Alabamians are willing to stand upon the self-evident truth established by God’s Word and we our coming to stand with them.
There are at least four death camps in Alabama still applying their grisly trade to murder babies made in the image of God. This evil defiles the land and invokes God’s judgments upon us. We are coming to stand in the gap and make up the hedge. We want to give God a reason to show mercy in the midst of the American holocaust.
It’s not surprising that Operation Save America, one of the most radical anti-choice groups in the country, would find ideological kinship with Justice Moore.
On Saturday, roughly 2,000 activists gathered at Faith Assembly, a megachurch in Orlando, for the Awakening, an annual “Prayer and Patriotism event” organized by the Christian Right legal group Liberty Counsel. The Awakening, which Liberty Counsel organizes under the auspices of an amalgam of Religious Right groups called the Freedom Federation, brings together activists from the evangelical Right with the GOP politicians who want their votes.
At this year's event, GOP politicians including Rick Santorum, Mike Huckabee, Bobby Jindal (via video) and RNC faith director Chad Connelly shared a stage with far-right activists including "ex-gays," a phony ex-terrorist and at least two Religious Right leaders who insist that AIDS is God's punishment for homosexuality.
Here are five takeaways from a day with the core of the Religious Right.
1. Gay Marriage Will Send Christians To Jail
While some on the Right may be trying to shy away from the issue of marriage equality now that it could be on its way to a Supreme Court victory, the activists at the Awakening were not among them. Throughout the conference, marriage between gay and lesbian couples was portrayed as a demonic and existential threat to liberty, one that if allowed to proceed would end in Christianity being outlawed and Christians thrown in jail.
The Republican National Committee’s faith outreach director, Chad Connelly, who was moderating a panel on abortion rights, echoed the Religious Right’s rhetoric when he warned that LGBT rights activists are “coming for the church.”
Far-right pastor Rick Scarborough, who was sitting beside him, agreed that if the Supreme Court rules in favor of marriage equality, pastors will be forced to “participate in same-sex marriage ” or be thrown in jail. Liberty Counsel’s Harry Mihet, moderating a separate panel, issued a similar warning.
Scarborough repeated his warning when he told activists that a pro-equality Supreme Court ruling would outlaw anti-gay speech, thus undermining “the whole nature of America.”
Multiple speakers compared a potential Supreme Court decision on marriage equality to Dred Scott, the infamous pre-Civil War decision that barred African Americans from citizenship, declaring that it should be met with similar resistance.
2. Losing The Church on Gay Rights Issues
Although the Awakening took place in what appeared to be a generationally diverse, multiethnic church, the crowd at the conference was overwhelmingly older and white. Throughout the conference, speakers bemoaned the fact that the Religious Right was losing support among younger Christians for its political agenda, especially its opposition to LGBT rights.
Liberty University’s Rena Lindevaldsen told the audience at a breakout panel on “sexual rebellion” that when fellow conservative Christians ask her what the “big deal” is about LGBT rights, she responds “it’s a big deal because it’s a big deal to God.” Marriage equality, she told the enthusiastic audience, matters to God because it is “the heart of where Satan’s attacking”:
Evangelist Franklin Graham also lamented that “a lot of pastors have quit preaching against homosexuality” out of fear of offending people in their churches who might have gay relatives. He told the audience that “God will bless you and he’ll honor you” if you “don’t shut up” about gay rights and abortion:
This was a crowd that had not given up on discredited “ex-gay” therapy. An “ex-lesbian” activist, Janet Boynes, was given a main stage speaking slot and “ex-gay” activist Greg Quinlan earned a roaring round of applause from the audience at the “sexual rebellion” panel when he announced that he had been “out of homosexuality for 27 years.”
3. A Spiritual Battle Against Islam And Progressivism
Just as the crowd at the Awakening was upset that the conservative movement and the church have supposedly become less invested in fighting LGBT rights, they were also wary of any overtures between Christians and Muslims.
Graham declared that “Islam is a wicked system” and blasted Christians who say that Muslims and Christians worship the same God.
Kamal Saleem, the self-proclaimed “ex-terrorist” whose personal story has never quite held up to scrutiny , also warned that churches are being “invaded by ‘Chrislam,’” lamenting that Americans are oblivious to the dangers of radical Islam: “We’re watching American Idol and they are doing jihad.” He also warned of what he called “jihad of the womb,” or Muslim immigrants giving birth in order to outnumber Christians.
What activists at the Awakening saw as a war against Islam was merely part of a larger “spiritual battle” between good and evil, God and Satan. In the panel discussion he led on LGBT rights, Matt Barber declared that there is an “Islamo-progressive axis of evil” with a “common enemy”: Christians.
Maine pastor Ken Graves repeated that theme when he declared that American Christians are fighting “militant Islam” and “militant homofascism” and secularists who want to establish a “secular humanist caliphate”:
4. Time Is Running Out On America, And It’s Up To The Church To Save It
Throughout the day, speakers warned that America is running out of time before it is lost forever, and that it is up to conservative Christians to get involved in politics to save the country.
Graham told the crowd that he is more politically outspoken than his father, Billy Graham, because America is in a more dire state of secularism. “When my father was born, the Ten Commandments were on the wall of every school in America. When my father was born, the teachers still led the class in the Lord’s Prayer. Our country is not that anymore,” he said, declaring that the 2016 election is the last chance for the Religious Right to save the country.
Rick Santorum, the former Pennsylvania senator and likely 2016 GOP presidential candidate, delivered a similar message, warning that “we are heading down in a direction that, let’s be honest, no civilization has ever been able to recover from.” Conservative Christians, he declared, must reinvest themselves in politics in order, to among other things, put the Bible in public schools:
Former Arkansas Gov. Mike Huckabee, another likely GOP presidential hopeful, told the crowd that prayer was needed to bring about “spiritual revival” and change the political direction of the country: “If God’s people truly pray down a spiritual awakening, then the political landscape will change.”
“This country did not start because some people had some brilliant ideas, although they did. This country happened because God’s providence was the foundation of their brilliant ideas,” Huckabee said. “Because of his inspiration, this country has been sustained throughout all of its history because of God’s specific intervention in helping us to win battles we should never have one and in keeping us from losing battles we should have lost.”
5. The Religious Right And The GOP Still Need Each Other
One of the strangest moments of the day came when a George W. Bush impersonator walked onto the stage with Liberty Counsel’s Mat Staver as he introduced Huckabee. Staver jokingly reassured the audience that it was not the former president’s brother, former Florida Gov. Jeb Bush, who has clashed with the Religious Right over gay rights issues. It seemed to be a spontaneous addition to the program, it was hard not to see it also as a reminder to the audience of the potential power of the evangelical vote.
Unlike the Family Research Council’s Values Voter Summit, which has become the flagship gathering of the GOP and the Religious Right, the Awakening tends to attract only true believers in the cause. This year, Santorum and Huckabee spoke, while Louisiana Gov. Bobby Jindal submitted a video message. Connelly, who heads the GOP’s outreach to evangelical voters, moderated a panel on abortion rights, but largely deflected difficult questions from the far-right crowd.
Connelly did not, however, shy away from right-wing conspiracy theories, responding to a question about the “culture of death” in end-of-life care by claiming that the Affordable Care Act’s mythical “death panels” are “a reality":
It was clear throughout the day that however wary the Religious Right and the GOP establishment may be of each other, they still need each other. Speakers like Graham urged conservative Christians to revive the powerful Religious Right pressure machine to win GOP politicians to their side, whether or not they agreed with their issues. Meanwhile, the presence of the GOP candidates and Connelly indicated that this is a voting bloc that is still important to the party, however extreme its priorities may be.
“The investigation and firing of gay and lesbian federal employees was like shooting fish in a barrel for the General Counsels and legal staff of the Civil Service Commission,” says Francis. “The animus, almost sports-like in their writings, is documented in decades of legal advisory files we discovered this year at the National Archives.”
The Mattachine Society’s project is about preserving the historical record, but it also has an important legal purpose, which is demonstrating that anti-equality laws and regulations have long been grounded in hostility, or animus, that is not a permissible justification for discrimination. Chief Justice John Roberts’ dissent from the Supreme Court decision in Windsor, which overturned the Defense of Marriage Act, demonstrates the importance of this archival work. Roberts suggested there is insufficient evidence – he waved it away as “snippets of legislative history” – to demonstrate that DOMA’s purpose was to “codify malice.” Added Roberts, “I would not tar the political branches with the brush of bigotry.”
There’s no escaping the brush of bigotry, the reeking stench of bigotry, exposed by the Mattachine Society’s brief, which links to more than 35 historical documents that demonstrate the ways that the Civil Service Commission, often in partnership with J. Edgar Hoover’s FBI and other law enforcement agencies, investigated people suspected of sexual “perversion” and robbed them of their federal jobs and careers.
From the amicus:
For decades, this animus was one of the basic assumptions of American life. It was so persistent, so prevalent, and so instrumental to the way that we structured our institutions, treated our fellow citizens, and organized our lives that, in retrospect, it is often overlooked….
For decades, both federal and state governments targeted and persecuted homosexuals, individuals suspected of being homosexual, and even those believed to have engaged in homosexual acts, regardless of actual sexual orientation. The stated rationale shifted over time—from concerns about national security to code words, such as “suitability”—but the point was always the same: government officials, federal and state, high and low, felt a complete revulsion toward homosexuals and wanted to purge the country of even the hint of homosexuality.
Animus, therefore, was a culture. And with that culture came a language. For decades, government officials referred to homosexuality in official, often highly confidential or privileged communications, as “unnatural,” “uniquely nasty,” “immoral,” “deviant,” “pervert[ed],” and an “abomination.” Even the FBI had a term for the program that it designed to rid the government of homosexuals—the “Sex Deviate Program.” Once it attached, whether based in fact or mere speculation, the label of homosexuality remained forever fixed. As one senior executive official wrote, “once a homo, always a homo.” And, as one state legislature put it, what homosexuals wanted was “recognition.” And “recognition” was something to fear….
The effort to purge “sex deviates” began well before President Dwight Eisenhower’s 1953 Executive Order 10450, but that action explicitly made “sexual perversion” a disqualification from federal employment. Congress was in on the act as well. The Mattachine amicus quotes from a 1950 document from the US Senate Subcommittee of the Committee on Expenditures in the Executive Department:
There is no place in the United States Government for persons who violate the laws or the accepted standards of morality, or who otherwise bring disrepute to the Federal service by infamous or scandalous personal conduct . . . . It is the opinion of this subcommittee that those who engage in acts of homosexuality and other perverted sex activities are unsuitable for employment in the Federal Government.
The federal government also worked in concert with anti-gay activities being carried out at the state level. One of the documents uncovered by Mattachine’s Freedom of Information Act requests is a 1963 note from Civil Service Commission General Counsel L. V. Meloy to Charley Johns, chairman of the Florida Legislative Investigation Committee on Homosexuality and Citizenship.
The infamous Johns Report wallowed in salacious descriptions of “the special world of homosexuality” and warned of “aggressive homosexuals” seeking recognition and legal equality. The report described teachers engaging in sex in public bathrooms and little league coaches seducing teenagers, asserting, “The plain fact of the matter is that a great many homosexuals have an insatiable appetite for sexual activities and find special gratification in the recruitment to their ranks of youth.” The report included a glossary of “sex offenses” that were illegal under Florida law and eight pages of homosexual slang and “deviate acts.”
Meloy’s letter asking for “several copies” of the report said that the “Federal Government has related problems in this area and … [the] investigation will shed additional light on a most difficult problem in suitability for government employment.” The Florida committee specifically targeted gay teachers but also resulted, according to the Mattachine amicus, in the removal of at least 37 federal employees.
The brief also documents that the Civil Service Commission shifted its strategies in response to court rulings challenging its policies. The brief goes into some depth documenting the case of William Dew, an African American Air Force veteran. Dew was married with a pregnant wife when he was fired from his job as an air traffic controller in 1958 for having admitted years earlier as part of a job application to the CIA that he had experimented with gay sex when he was in college. After a six-year legal battle, culminating in the Supreme Court agreeing to hear Dew’s appeal, the government settled with him. But rather than loosening the CSC’s anti-gay policies, the government strengthened its resolve in the wake of the Dew settlement and, in the words of the Mattachine amicus, “demonstrated its willingness to use all of its resources to crush homosexuals and those who engaged in homosexual acts with its suitability standards.”
Following a 1969 DC Circuit Court ruling that challenged the firing of federal workers for something that had nothing to do with the performance of their jobs, the CSC General Counsel at that time, Anthony Mondello, argued that federal agencies would have a hard time attracting quality workers if applicants knew they might have to work with “people who repeatedly engaged in serious misconduct offensive to community standards.”
The CSC and its successor, the Office of Personnel Management, continued to target gay federal employees throughout the 1960s and 1970s and into the 1980s.
The Mattachine Society brief ends with an appeal to the Court’s history of addressing anti-gay animus:
The Dew case is important for another reason as well—one that goes to the heart of the cases now before this Court. For decades, there was no limit to the animus meted out against LGBT Americans and no end to its reach. It poisoned every institution in the United States and seeped into the lives of all Americans, not merely those of gays and lesbians. So too, the language of animus became commonplace among those in the highest positions in government: “homo,” “sexual deviant,” “pervert,” “abomination,” “uniquely nasty,” and other derogatory terms and phrases were used with bureaucratic ease as a way to define, cabin, and limit the citizenship of LGBT Americans. As the Dew case perfectly illustrates, the animus even extended to those who were not gay.
It was the courts—and in the case of Dew, this Court—that ultimately stepped in to set the course right. This Court knows animus when it sees it, and it has a well-established line of cases overturning laws that by their text, background history, and effect, relegate a class of citizens to second-class status. See, e.g., Romer v. Evans, 517 U.S. 620 (1996); Lawrence v. Texas, 539 U.S. 558 (2003); and United States v. Windsor, 133 S. Ct. 2675 (2013). Indeed, this Court has already recognized the long history of discrimination and animus against homosexuals. See, e.g., Lawrence, 539 U.S. at 571.
The newly revealed documents cited herein merely reinforce what this Court already knows. For decades, there was a culture of animus against LGBT Americans that permeated every aspect of American life and every American institution. In many places, that culture continues to this day. To say that the marriage bans now at issue are not somehow the product of this historical animus is to ignore reality. We may not see the air that feeds the flame. But, for decades, animus against LGBT Americans fed the flames of hatred, revulsion, and disgust from which the current marriage bans arose.
The Mattachine Society of Washington, D.C. is optimistic about the impact of its brief. “The government attorneys who administered the federal ban on homosexuals have met their match in our pro bono counsel McDermott, Will & Emery’s powerful amicus brief," says Francis, "The McDermott brief is a lasting account of an unconstitutional ‘culture of animus’ embedded through seven Presidencies.”
As we mentioned earlier, the mood at Saturday’s Awakening conference in Florida around the issue of gay marriage was utter panic, and nowhere was that expressed more clearly than in a panel titled “Same-Sex Marriage and Sexual Rebellion: Freedom Under Fire,” moderated by off-the-rails anti-gay pundit Matt Barber and featuring a pastor, two “ex-gay” activists, and Rena Lindevaldsen, the Liberty University dean who has murky ties with the case of an “ex-lesbian” who fled the country with her daughter to defy a court order giving the child's other mother custody.
Lindevaldsen set the tone for the discussion when she lamented that too many conservative Christians aren’t committed to fighting gay rights and instead ask her “why is this such a big deal and why does it matter?”
"It's a big deal because it's a big deal to God," she declared.
Quoting the late Chuck Colson , she told the audience, “In every action we take, we are either helping to create a hell on Earth, or bringing down a foretaste of heaven…We are either advancing the rule of Satan or establishing the reign of God.”
“There’s no middle ground, there’s no neutrality, there is no compromise,” she added, telling Christians who are on the fence about gay rights that “it’s not loving” to let gay people “go on not knowing that God has a better plan for their lives, this is not the way that God designed them to be.”
“This is the heart of where Satan’s attacking,” she said. “He is seeking to destroy human sexuality and marriage. Why? Because we are the reflection, marriage is the reflection of the relationship between Christ and his church. And so if you’re going to destroy the only human reflection we have of that, we’re going to destroy marriage.”
Later in the panel, “ex-gay” activist Greg Quinlan similarly warned Christians not to be taken in by LGBT rights, saying that the Human Rights Campaign’s famous equals sign bumper stickers are “not about equality” but “about dominance” and hide an effort to destroy the Constitution.
(Audio again via American Bridge):
When you see that blue bumper sticker with that bright yellow sign, it’s not about equality, it’s about dominance. It’s about silencing any voice that’s against what they want to do. And the real issue is this — I want you to understand this. The Constitution of the United States is a Calvinist document — I’m not a Calvinist — it’s a Christian document, it was written by reformers, based on the word of God. The problem that the secular left has, secular progressives, whatever label you want to put on them, the anti-God folks, our Constitution. And their goal is to undo it, if that means by reinterpreting it rewriting it, but it is to undo it.
So know this, especially the homosexual agenda, if I go down the list, I got a thing called “the big pink plan for a lavender culture,” another talk I do, which goes to what the agenda is. I was there when they were talking about what they want to do. It’s not about equality, it’s about dominance.
At Saturday’s Awakening conference, an annual Religious Right confab organized by Liberty Counsel, the mood surrounding LGBT rights had reached full-blown panic.
Nearly two years after the Supreme Court’s Windsor decision let loose a cascade of federal court decisions legalizing marriage between same-sex couples in dozens of states, the Religious Right activists gathered in a megachurch in Orlando were bracing for a Supreme Court decision that could establish marriage equality nationwide.
At a panel titled “Activism in the Age of Lawlessness,” four Religious Right leaders — John Eidsmoe, Rick Scarborough, William Murray and Harry Mihet — gathered to suss out what the movement’s response should be to pro-LGBT court rulings that they find to be “lawless.”
John Eidsmoe, the influential Christian nationalist thinker who served as a mentor to Michele Bachmann, outlined the issue, explaining to the audience that “‘rule of law’ ultimately means ‘rule of the highest law,’” or God’s law.
Eidsmoe, who now works for the Religious Right group founded by Alabama Chief Justice Roy Moore, who is urging judges in his state to defy a federal court ruling on marriage equality, argued that you are only disobeying the law if you disobey “the law of God.”
“You disobey a law only when those who have that law are breaking a higher law, the law of God,” he said. “And in fact, if you follow the decree of a tyrant when he is defying the law, you are complicit in his defiance. Disobedience then becomes not only a right, it becomes a duty.”
Eidsmoe explained that the idea of civil disobedience had been perverted since biblical times, since the idea of not violating your conscience should only apply if “your conscience is in accord with the word of God.”
Rick Scarborough, the head of Vision America, warned that a Supreme Court decision for marriage equality would be worse for the Religious Right than Roe v. Wade because “with abortion, you can opt out, you don’t have to participate in that.”
He claimed that, in contrast, a marriage equality decision would outlaw anti-gay speech, the exact same erroneous prediction he made following the passage of the 2009 Hate Crimes Law.
“We’ll get up the day after that ruling, and in fact a few hours after that ruling when it’s widely disseminated, and you’ll find yourself, those of us who believe that homosexuality is a sexual sin — perversion if you will — those of us who believe that homosexual marriage is unnatural and forbidden by God and who have taught that our entire lives…when that law is passed you are then going to breaking the law when you preach or teach what you’ve always taught or what you’ve always preached,” he claimed.
“Fundamentally, it undermines the whole nature of America,” Scarborough concluded.
Liberty Counsel attorney Harry Mihet, who was moderating the panel, echoed Scarborough’s dire warnings when he declared that there would be “no way to escape this issue” and that it might “in the near future” land anti-LGBT pastors in jail… just like Martin Luther King, Jr.
“We have to draw the line in the sand and stand firm on the truth of the Word, and not to shy away from a fight, not to quit, not to be silent, but to actually speak truth and love to a society that has a desperate need to hear it,” he said. “And there may come a time when you will have to lose your job because that’s what you’ve done. There may come a time in the near future when you have to lose your liberty and go to jail like Martin Luther King did.”
When an audience member in a session about abortion rights asked what to do about a pastor who refuses to participate in politics, Connelly responded that “voting is not political, it’s spiritual” and urged pastors to violate rarely-enforced regulations that prevent churches from being involved in partisan politics in order to keep their tax-exempt status.
Referring to cases where businesses have run afoul of nondiscrimination laws by refusing service to gay and lesbian couples, Connelly said, “Who would have thought that a florist or a baker or a photographer or, for goodness sakes, a wedding chapel would be sued when there were competitors that they could have gone to? They’re coming for the church.”
Listen, voter registration is not political, it’s spiritual. Voting is not political, it’s spiritual. So witness and testimony to the community what you believe in. No wonder we get legislation we don’t agree with, no wonder we get candidates and elected officials we don’t agree with, because our people aren’t engaged.
So if your pastor’s saying, ‘It’s a legal issue, I can’t do this,’ ask them how many churches have lost their tax-exempt status. It’s a finite number: zero. By definition, you’re tax exempt. If there’s no freedom of speech in the pulpit, there’s no freedom of speech, brothers and sisters. And if we can’t say the truth from the pulpit, guess what, we can’t say the truth anywhere.
Who would have thought that a florist or a baker or a photographer or, for goodness sakes, a wedding chapel would be sued when there were competitors that they could have gone to. They’re coming for the church.
He ended by asking the audience to “please help us pressure your pastors” to get involved in elections, but adding that “it’s not a party or political issue.”
Later in the same discussion, far-right pastor Rick Scarborough warned that “every pastor is going to be directly assaulted” by the Supreme Court’s upcoming ruling on marriage equality, claiming that a pro-equality ruling would force churches to “participate in same-sex marriage” or face fines or imprisonment.
In a speech to this weekend’s Awakening conference in Florida, Liberty Counsel’s Mat Staver declared that a ruling in favor of marriage equality from the Supreme Court would deserve “no more respect than Dred Scott or Buck v. Bell,” court rulings that, respectively, denied citizenship to African Americans and allowed mandatory state sterilization of mentally disabled people.
“I say this: If the Supreme Court can’t get it right, or any judge get it right, on the fundamental, observable, natural created order of marriage as the union between a man and a woman, they can’t get it right on anything, that’s their own opinion, and it deserves no more respect than Dred Scott or Buck v. Bell,” he declared.
He warned the audience that a “clash is coming” between religious liberty and LGBT rights that is “unprecedented in American history.”
“Tax exemption, income tax exemption, property tax exemption, everything is going to be impacted,” he said. “You cannot navigate around this. This is a collision of two trains coming in opposite directions on the same track. We are on the precipice of a collision of unprecedented magnitude.”
Next Monday, March 23rd, Conservative Republicans of Texas, with the support of over 100 state officials, will host a Defense of Texas Marriage Amendment Rally outside the state capitol at which Alabama Supreme Court Chief Justice Roy Moore will be the keynote speaker.
Last week, the organization's president, radical right-wing activist Steven Hotze, released a video calling for activists to "join our army to protect biblical marriage" and prevent Texas from having "to grant public approval and acceptance to homosexual activity."
"It's time for Christians and conservatives to draw a line in the sand and to rise up and take a stand for God's truth about marriage," Hotze said. "A fierce battle for the soul of Texas has begun. The liberals and their pro-homosexual allies want to force Texans to redefine marriage and to accept homosexual mirage [sic] as morally right. The idea that homosexuals could be married is a mirage. It is contrary to God's moral order. It's a counterfeit. It's a fake. It's a lie."
"The homosexuals and their supporters are using the liberal federal judges to redefine marriage against the will of the people of Texas," he continued, "which will force Texans to grant public approval and acceptance of homosexual activity. This will lead to homosexual behavior being taught to school children":
Louisiana Gov. Bobby Jindal, after teaming up with Christian nationalist extremists to host his “The Response” prayer rally in Baton Rouge earlier this year, is now continuing his project of endearing himself to the far fringes of the Religious Right by addressing an annual conference hosted by Liberty Counsel this weekend.
Liberty Counsel’s “The Awakening” event will bring Jindal, along with fellow likely GOP presidential hopefuls Mike Huckabee and Rick Santorum, together with some of the most unapologetically extreme Religious Right leaders, including Sen. Ted Cruz’s dad Rafael.
With speakers from John Eidsmoe, a founding father of the Religious Right’s current Christian nationalist thought, to Kamal Saleem, the phony ex-terrorist and prolific anti-Obama conspiracy theorist, the candidates are sure to be treated to an exciting array of far-right ideas.
The Awakening is organized by Liberty Counsel, a legal arm of Liberty University founded and chaired by Mat Staver. Staver is particularly invested in anti-LGBT activism both in the U.S. and abroad, where he has spoken out in favor of laws criminalizinghomosexuality. Here at home, he has warned that marriage equality will help bring about God’s destruction of America and will be “the beginning of the end of Western Civilization.”
Staver’s extremism is not limited to LGBT rights. For instance, at the 2010 Awakening conference, Staver agreed with an audience member who asked if the Affordable Care Act created a private army of Brownshirts for President Obama.
Kamal Saleem claims to be an ex-terrorist who worked for a number of Islamist groups before coming to America to build sleeper cells and ultimately converting to Christianity. The fact that Saleem’sstory doesn’t add up — and that he’s suspiciously reluctant to talk about the details — hasn’t stopped him from being a popular speaker on the Religious Right conference circuit, where he impresses audiences with his insider knowledge that President Obama is a secret Muslim out to destroy America.
In 2012, he told The Awakening that when President Obama appeared to be pledging allegiance to the flag, he was actually taking part in an Islamic prayer. The same year, he warned the Values Voter Summit that then-Secretary of State Hillary Clinton would be shutting down churches in America within the year:
Eidsmoe has specifically warned that gay rights will bring about divine judgment on the U.S. and wrote a whole book, “Gays & Guns,” arguing against allowing gays and lesbians to serve openly in the military, warning that they might molest children.
Eidsmoe, who has gotten in trouble in the past for speaking to white supremacist groups, is currently the “senior counsel and resident scholar” at the Foundation for Moral Law, the Christian nationalist group founded by Alabama Chief Justice Roy Moore, a longtime ally.
Rick Scarborough, a Baptist pastor and the head of the Religious Right group Vision America, is one of the most extreme voices in the anti-LGBT movement. Although he insists that he is neither a Democrat or Republican, but a “Christ-ocrat,” he frequently allies with likeminded Republican politicians including Rick Perry and Mike Huckabee to get his followers to the polls.
Scarborough has also dabbled in anti-immigrant nativism, warning that “more non-white families” in the U.S. would lead to fewer Christians and that “if this country becomes 30 percent Hispanic we will no longer be America.”
Graham’s opinion of the Obama administration was only reinforced when he was disinvited from speaking at an event at the Pentagon because of hishistory of anti-Muslim rhetoric. He has since claimed that the White House has been “infiltrated by Muslims” and is being run by Muslims who “hate Israel and hate Christians.” Just this week, he speculated that Obama’s mother “must have been a Muslim,” which he said explains why the president supposedly won’t fight ISIS.
Barber is fond of comparing his opponents to Nazis, calling supporters of reproductive rights “modern day Nazis” and LGBT rights advocates “Rainbowshirts” who have “broken out the long knives” to go after Christians. At the same time, he has supported repressive anti-LGBT regimes around the world, praising Russian President Vladimir Putin’s anti-gay crackdown and saying he’d like to see a ban on “gay propaganda” in the U.S., and defending Uganda’s harsh criminal penalties for LGBT people.
Earlier this week, Liberty Counsel's Mat Staver spoke to a local Tea Party group in Orlando, Florida, where he declared that if the Supreme Court strikes down state bans on gay marriage, he will refuse to "accept that as the rule of law" just as he would refuse to obey an order to turn a Jew over to the Nazis.
"I know from the natural created order that God made male and female, a mom and dad, husbands and wives as the first foundation of family," he said. "And I don't care if it is a 9-0 decision, they can't change that and they won't change that. And if they come out with a decision that is contrary to God's natural created order, I personally will advocate disobedience to it ... and collectively, we cannot accept that as the rule of law."
"You also have to be ready to pay the consequences," Staver continued, "because the civil government wrath is going to be poured out on you. But as a believer, you cannot obey something that is contrary to God's law. And we would easily say, well, what would happen if the government forced you turn over a Jew in Nazi Germany? All of us would say we wouldn't do that, we wouldn't listen to that. Well, we're about ready to walk into the moment":
“It’s a huge percentage,” Rios said. “It’s just amazing, they’re experimenting and being exposed to this stuff, things they would have never thought of, so they are trying it.”
Camenker said that he is familiar with kids “who have gone into this lifestyle because of the peer pressure in the schools, and I also know kids that got into it and because of the proper intervention by their parents got out of it and are leading normal lives now.” He added that “often just bringing a kid to a normal environment for a while will help straighten the boy or girl out, just not being subjugated to the brainwash.”
Hagee asked Richards how Christians should discuss the issue of gay marriage so as not to be dismissed as close-minded and judgmental bigots who seek to deny civil rights to gay people, to which Richards replied that the issue is not about discrimination at all because there simply is no such thing as gay marriage.
"The accusation is that people on the other side just defend so-called marriage equality whereas we believe in discrimination," Richards said. "That's not it at all. The question is what is marriage? If marriage is an institution that uniquely and exclusively involves a man and a woman then we're not depriving anyone of their rights. Anyone is free to marry so long as they can find someone that is willing to marry them, but marriage, by definition, is going to involve someone of the opposite sex. So it's not like if someone identifies as gay, they have a different set of rights than I do. I don't have the right to quote 'marry' a man either, simply because that's not what marriage is":