Religious Liberty

Rick Wiles: Christians In America Will Soon Be 'Arrested Or Possibly Killed'

End Times radio host Rick Wiles issued a dire warning on his program Wednesday, claiming that “the persecution against Christians in America has started” and will soon “worsen” to the extent that “any man or woman who dares to stand up against this tyranny is in danger of being smeared, arrested or possibly killed.”

He added that the government might soon “set up” Christian conservatives by hacking into their computers and planting false evidence of crimes.

The persecution against Christians in America has started. It won’t go away anytime soon. In fact, it will only worsen in the months and years to come. Any man or woman who dares to stand up against this tyranny is in danger of being smeared, arrested or possibly killed. Accusations of tax evasion and other crimes will be leveled against Christian leaders who refuse to shut up.

One of the most effective methods to deal with troublemakers is to set up that person so that he or she appears to be involved in a scandal. And with today’s technology, it is very easy to create images that look real. And you can hack into a computer and plant criminal evidence.

Rick Santorum Presents Latest 'Religious Persecution' Movie

Two current Religious Right fixations — the “persecution” of American Christians and the need for conservatives to do more to influence the pop culture — have come together in movies like “Persecuted” and “We the People—Under Attack.” The latest entry, “One Generation Away: The Erosion of Religious Liberty,” was screened by Rick Santorum at the Heritage Foundation on Monday night.

Santorum said the movie will be released in September. His EchoLight Cinemas is trying to create an alternative to Hollywood distribution channels by building a network of thousands of tech-equipped churches who will sell tickets for "One Generation Away" and other movies. He says the long-term strategy is to bring more people into churches and put the church back at the center of the culture.

"One Generation Away" is described as a documentary, but it’s really a preaching-to-the-choir call to arms for conservative Christians and pastors to get more involved in culture war battles while they still have the freedom to do so. Among the film’s producers are Donald and Tim Wildmon from the American Family Association, which Santorum said is packaging a shorter version of the movie into more of an activist tool.

The title comes from Ronald Reagan – specifically from a speech to the Phoenix Chamber of Commerce in 1961, a time in which Reagan was working with conservatives to rally opposition to Medicare – “socialized medicine”:

Freedom is never more than one generation away from extinction. We didn’t pass it on to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free.

The thrust of "One Generation Away" is that religious freedom in the United States is disappearing fast, and if the church doesn’t fight for it now, it will soon be gone forever. Before running the film on Monday, Santorum quoted Cardinal Francis George, who said during the debate about insurance coverage of contraception, “I expect to die in my bed. I expect my successor to die in prison. I expect his successor to be a martyr.” That’s just the kind of hyperbolic “religious persecution” rhetoric we have come to expect from Religious Right leaders and their allies in the Catholic hierarchy.

At one point toward the end of the movie, it seems as if the filmmakers might be striking a more reasonable tone, with a couple of speakers saying that Christians should stand up for the rights of people of different faiths — even though the AFA’s chief spokesman opposes First Amendment protections for non-Christians— and others actually acknowledging that it is problematic for American Christians to be complaining of “religious persecution” over policy disputes when Christians and others are facing horrific, deadly persecution in many other parts of the world.

But that caution is quickly abandoned as the movie makes a direct comparison of the status of the Christian church in America with the church in Germany as the Nazis came to power. Dietrich Bonhoeffer, a pastor who tried to mobilize German Christians to resist Nazi tyranny and was executed by the regime, is held up as the model that American Christians need to be willing to follow.

Eric Metaxas, a Bonhoeffer biographer who became a Religious Right folk hero when he questioned President Obama’s faith at a National Prayer Breakfast attended by the president, warned that if the church doesn’t link arms to fight, all will be lost. “The good news,” he said, “is that the American church is slightly more attuned to the rumbling heard in the distance than the German church was in the 30s. The bad news is, only slightly, right?”

The movie cuts to Mike Huckabee saying that Bonhoeffer could have saved his life if he had been willing to soften his faith, but that instead he resisted and rebuked the Nazi regime. And then we’re back to Metaxas to complete the Nazi analogy:

 “The parallel today is simply that. You have a government, a state, which is getting larger and larger and more and more powerful, and is beginning to push against the church. There’s a window of opportunity where we can fight. If we don’t wake up and fight before then, we won’t be able to fight. That’s just what happened in Germany. And that’s the urgency we have in America now. And people that’s incendiary, or I’m being hyperbolic. I’m sorry, I wish, I wish, I wish I were. I’m not.”

Filmmakers said at the screening that they had conducted 75 interviews for the movie, and it sure feels like it.  It includes names that will be well-known to RWW readers, like Mike Huckabee, Tony Perkins, Harry Jackson, Tim Wildmon, Alveda King, Robert George, Russell Moore of the Southern Baptist Convention, Eric Teetsel of the Manhattan Declaration, and Ryan Anderson and Jennifer Marshall of the Heritage Foundation.

Also appearing are Rep. Doug Collins; Rick Perry backer Robert Jeffress; Matthew Franck of the Witherspoon Institute, which sponsored the infamous and discredited Regnerus “family structures” study; Stephen McDowell of the dominionist Providence Foundation; Gregory Thornbury of Kings College; lawyers from the Alliance Defense Fund, the Beckett Fund, the Freedom of Conscience Defense Fund; and a number of pastors.

The film also includes interviews with some opponents of the Religious Right, including Barry Lynn of Americans United for Separation of Church and State, Princeton’s Peter Singer, and Dan Barker of the Freedom From Religion Foundation. Santorum told the audience at Heritage that he wishes he had even more of his opponents included in the film because “they scare the hell out of me” and would help motivate the right-wing base.

In order to keep the movie from being one brutally long succession of talking heads, the filmmakers resort to a tactic of constantly shifting scenes, a couple of seconds at a time, in a way that feels like they got a volume discount on stock images of Americana: boats on the water, kids playing softball, families walking together. There are also odd random fillers, like close-ups of the pattern on a couch in the room in which a speaker is sitting. The endless, repetitive succession of images actually makes the film feel even longer than it actually is. (Zack Ford at ThinkProgress had a similar reaction to this technique.)

The meat of the film, or the “red meat,” mixes the personal stories of people being  victimized by intolerant secularists and/or gay activists with miniature David Bartonesque lectures on the Christian roots of America’s founding; the fact that the phrase “separation of church and state” never appears in the U.S. Constitution; the notion that the American government is trying to replace “freedom of religion” with “freedom of worship” and require any expression of faith to take place behind church walls; and the disgracefulness of making any analogies between the civil rights movement and the LGBT equality movement. The 1947 Supreme Court decision in which Jefferson’s “separation of church and state” phrase was invoked by the Court and “changed everything” is portrayed as nothing more than a reflection of Justice Hugo Black’s hatred of Catholics.

Featured “persecution” stories include:

  • a long advertisement for Hobby Lobby and its owners, the Green family, which recently won its legal battle against the contraception mandate;
  • a baker and florist who ran afoul of their state’s anti-discrimination laws when they refused to provide services for a same-sex couple getting married;
  • cheerleaders at a public high school in Texas who were challenged by the Freedom From Religion Foundation for creating football game banners featuring Christian scriptural quotes;  
  • Catholic Charities being “forced” to give up adoption services rather than place children with same-sex couples;
  • an ACLU challenge to a large cross at the Mt. Soledad war memorial; and
  • the supposed frontal attack on the religious freedom of military chaplains as a result of allowing LGBT members of the armed forces to serve openly. On this issue, Tony Perkins declares, “The military is being used as a vanguard of radical social policy. And in order for that policy to permeate and to take root, you’ve got to take out the religious opposition.”

In spite of the parade of horrors, the movie tries to end on an upbeat note, saying that the early Christian church expanded while it was being suppressed, and that it will only take “one spark of revival” to change the nation.  A familiar theme at Religious Right conferences is that blame for America’s decline rests with churches that don’t speak up and pastors who don’t preach or lead aggressively enough. One Generation Away ends on this point, telling Christian pastors it is their responsibility to wake up and challenge their congregants to live their faith “uncompromisingly.”

During the Q&A after the screening, Santorum said the fact that Hobby Lobby was a 5-4 decision demonstrated the importance of the 2016 election. “Part of me almost wishes we’d lost,” says Santorum, because that would have made the threat clearer to conservative activists. “We are one judge away,” he said, adding that “if we get a Democratic president, our five, or four-and-a-half, justices are not going to hold out forever.”

“I just worry,” he said to the young people in the audience, “that the longer we delay, and America sleeps, and your generation is indoctrinated the way it is, the harder it will be to come back.”

People For the American Way Foundation Congratulates Rabbi David Saperstein On Nomination to Be Ambassador-at-Large for International Religious Freedom

WASHINGTON — People For the American Way Foundation today congratulated board member Rabbi David Saperstein on his nomination by President Obama to be Ambassador-at-Large for International Religious Freedom.

Rabbi Saperstein will step down from the board of directors of People For the American Way Foundation upon confirmation to the position.

People For the American Way Foundation President Michael Keegan said:

“I am thrilled that Rabbi Saperstein has been nominated to join the State Department as Ambassador-at-Large for International Religious Freedom. His warm, thoughtful, serious approach to issues of religious freedom at home and abroad make him the perfect choice for this role. At a time when people across the globe are facing serious threats to their religious liberty, there is no better person to lead the United States’ efforts in this area.

“At the same time, Rabbi Saperstein will be sorely missed on the board of People For the American Way Foundation. We have been fortunate to benefit over the last 28 years from his wise counsel, thoughtful analysis, and boundless energy. All of us at PFAW Foundation wish him well in his new endeavor and look forward to working with him in this new role.”

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Right Wing Gets It: Elections Matter Because Courts Matter

For right-wing advocates, big conservative wins in the Supreme Court’s recently completed term have only confirmed the importance of electing a president in 2016 who will give them more justices in the mold of Samuel Alito and John Roberts.  The Roberts and Alito nominations, and the conservative majority created by their confirmations, represent the triumph of a decades-long push by right-wing funders, big business, conservative political strategists, and legal groups to take ideological dominion of all levels of the federal judiciary.

Right-wing groups have long made attacks on the federal judiciary a staple of their rhetoric. Many claim America’s decline began with Supreme Court rulings against required prayer and Bible readings in public schools in the 1960s. Roe v. Wade, and more recently, judicial rulings in favor of marriage equality, have been characterized as “judicial tyranny” and “judicial activism.” Of course right-wing legal groups have been pushing hard for their own form of judicial activism, and have pushed Republican presidents to nominate judges they can count on. 

As Jeffrey Toobin notes in a recent profile of presidential hopeful Sen. Ted Cruz in the New Yorker,

Conservatives like Cruz never stopped denouncing liberals for their efforts to use the courts to promote their ideological agenda, even as they began to do much the same thing themselves. The heart of Cruz’s legal career was a sustained and often successful undertaking to use the courts for conservative ends, like promoting the death penalty, lowering the barriers between church and state, and undermining international institutions and agreements.

Right-wing activists are proud of what they have accomplished, as Richard Land, long-time leader of the Southern Baptist Ethics and Religious Liberty Commission, told National Journal’s Tiffany Stanley.  As Brian Tashman reports in RWW, Land “waxed nostalgic for the days when President Bush was in office…and especially for Bush’s commitment to nominating ultra-conservative federal judges.”

 “Alito and Roberts are the gifts that keep on giving, and we would have gotten neither one of those without our involvement,” Land said, predicting that Roe v. Wade will soon be “thrown onto the ash heap of history.”

…The Supreme Court’s ruling this year in the Hobby Lobby case shows the Religious Right’s strong focus on the judiciary is paying off.  And Tony Perkins of the Family Research Council told Stanley that conservatives will continue to use the courts as part of their strategy to keep “the barbarians at bay.”

But in spite of their wins, and their success in creating the most pro-corporate Court since the New Deal, right-wing activists are nervous that some of their big wins, like Hobby Lobby and Citizens United, were 5-4 decisions. They want to pad their majority and continue their march to remake America via the courts.

The Senate

Since federal judges have to be confirmed by the Senate, right-wing groups are also using the Supreme Court in 2014 Senate campaigns. An anti-choice PAC, Women Speak Out, followed the Hobby Lobby ruling almost immediately with attacks on Mark Pryor and other Democrats for not having supported the confirmation of Samuel Alito.

On the day of the Court’s decisions in Hobby Lobby and Harris v. Quinn, North Carolina House Speaker Thom Tillis, a Republican, who is challenging U.S. Sen. Kay Hagan, a Democrat, tweeted “Today’s SCOTUS rulings were a win for our 1st Amendment freedoms, a loss for Hagan, Obama, & DC bureaucrats.”

Cleta Mitchell, a lawyer who represents right-wing groups, told the Washington Post, “These Supreme Court decisions, it’s a reminder to people on our side of the aisle of the importance of the court, and then the importance of recapturing the Senate.”

Religious Liberty ‘Hanging by a Thread’

Right-wing pundits and organizations are already ramping up their rhetoric on judges as a 2016 presidential campaign issue, with many touting the 5-4 decision in Hobby Lobby as evidence that religious liberty is “hanging by a thread.”

Rush Limbaugh went on a tirade against Hillary Clinton after she criticized the Hobby Lobby ruling:

Can I tell you the truth about the Hobby Lobby ruling?  We're in such dangerous territory in terms of losing our freedom that we cheer when five out of nine people uphold the Constitution.  We're not advancing anything, folks.  We are barely hanging on here.  …  And here comes Hillary Clinton thinking this decision is a step toward the kind of anti-women policy seen in extremist undemocratic nations is outrageous. 

The woman is either a blithering idiot or a total in-the-tank statist, maybe a combination of the two.  But this is not a step toward anything.  This is a temporary halt in the onslaught toward totalitarianism.

We're just barely hanging on.  We cheer! We conservatives stand up and cheer when we manage to get five people to see it the right way.  "Oh, my God! Oh, Lord! Thank you so much, Lord. You saved another day."  Five people out of nine, five said the Constitution means what it says.  The troubling thing to me is the four people that didn't!  Liberty and freedom are hanging by a thread here! 

That theme was echoed by the Archdiocese of Washington’s Msgr. Charles Pope:

“OK, We won. But the Hobby Lobby vote should have been 9-0. Wake up, America. Your liberty is on the line!”

It is simply outrageous that four Supreme Court Justices, and many Americans, cannot see the clear and offensive proposition of the Government in this regard…..We won today, but barely. It should have been 9–0. Wake up, America; your religious and other liberties are hanging by the thread of one vote.

Former presidential candidate Gary Bauer of American Values weighed in in similar fashion:

“While we celebrate this victory, the fact remains that four justices on the Supreme Court, including the two appointed by Obama, evidently share his narrow view of America's first freedom and were willing to trample the religious liberty of millions of Americans in order to advance their radical pro-abortion agenda.

This narrow decision, with four liberal justices eager to go the wrong way, is a stark reminder to every man and woman of faith that their religious liberty is hanging by a thread.

The Court as Right-Wing Campaign Issue for 2016

Right-wing pundits and presidential candidates frequently use the federal judiciary as an issue to excite base voters. Back in 2012, one of the most effective things Mitt Romney did to shore up his weak support among conservative activists was to name a judicial advisory team headed by Robert Bork. That year, Terence Jeffrey, who worked on Pat Buchanan’s presidential campaigns and has written for right-wing publications, wrote:

Three of the nine justices on a U.S. Supreme Court that has decided many significant issues by 5-4 votes over the past decade will turn 80 years of age before the 2016 presidential election.

The three justices are Antonin Scalia, an anchor of the court’s conservative wing, Ruth Bader Ginsburg, an anchor of the court’s liberal wing, and Anthony Kennedy, who is often the decisive swing vote in 5-4 opinions….

Bobby Jindal is among the crop of potential 2016 presidential candidates who is making an issue of the courts.  In an interview with a conservative Christian blogger during last month’s Iowa state Republican convention, Jindal suggested if Republicans take control of the Senate this year they would block additional nominees. Asked about federal judges overturning state marriage bans for same-sex couples, Jindal said, ““This shows you the importance of the November elections.  We don’t need this President putting more liberal judges on the bench.”

It is important, whether you are a lawyer or not, to understand what it means for the courts to actually apply the Constitution as opposed for them just to create new laws or to read things and just decide they are going to contradict what the other two branches of government did.  We’ve gotten away from these three separate but equal branches of government and instead we’ve got these activist judges who are overreaching. We have to recognize the problem for what it is,” Jindal added.

He emphasized the importance of elections and their impact on judicial confirmations because sometimes Constitutional amendments will correct the problem, and other times federal judges will just overrule them.

Mike Huckabee has seemingly made attacks on the judiciary a centerpiece of his campaign. In May, he called for the impeachment of an Arkansas judge who ruled in favor of marriage equality. Last year, urging Senate Republicans to block an Obama appeals court nominee, he said, “Judges can linger on for decades after a President leaves office, and a bad one can wreak havoc that echoes down the ages.”

Meanwhile, presidential contender Rick Santorum and the right-wing Judicial Crisis Network are attacking Chris Christie for not sufficiently making right-wing ideology a litmus test for his state judicial appointments.  Santorum told Yahoo News earlier this month, “To see a record as abysmal as Gov. Christie’s record in the state of New Jersey, I guarantee you that will be a red flag for most voters in the state of Iowa, but also most voters in the Republican primary.” (Earlier this month, while in Iowa campaigning for Gov. Terry Branstad, Christie said he supports the Court’s Hobby Lobby decision; he had initially declined to say whether he supported the decision.)  

The Judicial Crisis Network has also slammed Christie, saying his failure to “deliver on judicial activism” may have doomed his 2016 presidential hopes. It has created an entire website devoted to trashing Christie’s judicial record to conservative voters:  www.christiebadonjudges.com. In June, Fox News ran an op ed by JCN’s Carrie Severino using Christie’s alleged failure to appoint right-wing ideologues to the state supreme court as a way to discredit him with conservative activists.

Christie didn’t deliver on judicial activism. Has he doomed his 2016 bid?

If a candidate’s tenure as governor is his road-test for the presidency, Governor Chris Christie just flunked.

As a candidate for governor, Christie talked the talk on judges, vowing to "remake" the New Jersey Supreme Court and to transform the most activist court in the nation into one that operates under the rule of law. 

Despite having the opportunity to appoint four of seven justices on the court since taking office, Christie has repeatedly nominated individuals with no discernible judicial philosophy….

And while elected representatives must stand for re-election every few years, federal judges sit for life. 

Today’s nominee could still be playing the same tricks in 2050 or beyond.  That is why the issue of judges matters so much during presidential primaries and caucuses….

Right-wing advocates have been talking for a while about how important it is to their judicial plans not just to elect a Republican, but to elect a Republican committed to making the kind of Supreme Court nominations they want. In February, right-wing activist Mychal Massie complained that many justices nominated by Republican presidents over the past few decades did not turn out to be ideological warriors (though that is hardly the case with more recent nominees).

But forward-thinking conservatives are keenly aware that we must be concerned about the future as well, and not just because of Obama. Based on age alone, one of the primary areas of concern is that the person elected president in 2016 will potentially have at least four Supreme Court Justices to replace. Two of the potential four are liberals, so a Democrat president would simply be replacing liberals with liberals, ergo, it would be a wash. But of the other two the one is a solid Constructionist, and the other is a swing vote who has, in recent years, ruled based on Constructionism enough times that we should be concerned if a Democrat president replaces him….

As you can see, the potential for the political complexion of the High Court to be changed for decades to come should be of critical concern if a Democrat wins the presidency in 2016. But, it is myopic betise on an epic level to even for an instant believe we need not be concerned if a Republican wins. Especially if it is an establishment Republican….

With Karl Rove and Reince Priebus pulling the strings of the GOP and RNC, the Republican Party resembles a RINO theme park more than it does the Party true conservatives have supported.

With them controlling things from behind the curtain it is not just critical that the next president be “conservative” but he/she must be a legitimate conservative whose conservative bonafides are unimpeachable. It does conservatism no good to elect a Mitt Romney, John McCain, or Jeb Bush type. The 2016 election will place in office a person with the potential to change the face of SCOTUS for many decades to come. And as John Boehner, Eric Cantor, Mitch McConnell, et al. have showed us — it’s not just Democrats who are betraying us.

Religious Right leaders will certainly be keeping the issue of judicial nominations at the forefront of the 2016 campaigns. This week, George O. Wood, who heads the Assemblies of God denomination, wrote:

Moreover, we should encourage voting because elections have consequences. One of those consequences is that the president nominates judges who serve on district and appellate courts and on the Supreme Court. The U.S. Senate must then approve those nominees. It is a sad fact that no evangelical sits on the Supreme Court—even though evangelicals constitute a very large faith community in America. I suspect that at present no evangelicals could even be nominated or confirmed to a federal bench because they hold views that are pro-life and pro-traditional marriage. People in our Fellowship need to remember that when they cast a ballot, they effectively decide who will sit as a federal judge. Indirectly, they are casting a vote for or against a robust understanding of the free exercise of religion.

AFA Takes Aim At 'Black Jesus'

The American Family Association is not amused by the upcoming Adult Swim comedy “Black Jesus.”

The group’s One Million Moms arm is urging TBN to drop the show and advertisers to boycott it, writing in a petition that the show’s portrayal of “Jesus as a ‘black guy living in the hood’” and its “foul language” amount to “blasphemy”:

The late night programming on the Cartoon Network, known as Adult Swim, plans to air the non-animated show "Black Jesus" portraying Jesus as a "black guy living in the hood." The show depicts him living in Compton Gardens and makes a mockery of our Lord. The foul language used in the trailer, including using the Lord's name in vain, is disgusting. In addition, there is violence, gunfire and other inappropriate gestures which completely misrepresent Jesus. This is blasphemy!

1MM will defend our Savior because He is Holy! Adult Swim is obviously not a family network, and this program is set to air later in the evening when children should be asleep, but that is no excuse. Adult Swim has crossed the line by belittling the Christian religion with foul jokes.

We need to send a loud and clear message to Adult Swim, its owner Turner Broadcasting System, Inc. (a Time Warner Company), and all potential advertisers of "Black Jesus" that this kind of programming is insulting and completely unacceptable. Adult Swim is not ridiculing any other religion currently and wouldn't dream of mocking Mohammed or Muslims.

If we speak with one voice now, we can keep this program from ever seeing the light of day. Christians must take a stand and not be silent. Networks like Adult Swim continue to mock Christianity, and we will not stand for it. Christians should no longer sit idly by and allow this blasphemy to continue without speaking up in protest. "Black Jesus" is anoher attempt to distort the truth about Christianity. There is power in numbers! Forward this to everyone you know in a fight to keep this show off the air.

Today, the larger AFA took up One Million Moms’ plea, sending an email to its members with the subject line, “Cartoon Network to air blasphemy.” It contains a link where members can send an email to TBS and Cartoon Network executives reading:

Dear President Levy and President Miller:

I am disappointed that TBS' Cartoon Network and Adult Swim plans to air "Black Jesus."

We are told in Hebrews that "Jesus Christ is the same yesterday and today and forever." Obviously, "Black Jesus' makes a mockery of the Christian faith. It would be beneficial to all if TBS and Adult Swim showed a little more respect for Christians who believe the Bible.

I am joining others in asking you to cancel plans to air this show.

I know that American Family Association will keep us posted on which companies underwrite this program with advertising. I am prepared to contact them personally and urge them to pull all commercial support from the Cartoon Network.

Of course, it was just a few months ago that the AFA declared that a star's suspension from a television program “deprived” him of his = "basic rights to freedom of religion and speech.”

The AFA’s email:

Truth In Action Ministries Cites Bogus Jefferson Quote To Refute Separation Of Church And State

Truth in Action Ministries, a purveyor of incendiary “documentaries” that explore our country’s apparent slide into anti-Christian moral turpitude, is back to warn us that Christians are now an increasingly persecuted minority in America.

Watch highlights of the film here:

Hosted by conservative activists Jerry Newcombe and John Rabe, the group’s most recent film, “We the People: Under Attack,” is a field guide to how “activist judges” are restricting religious liberties and the freedom of speech, and includes appearances from right-wing figures such as Herb Titus, Phyllis Schlafly, Carrie Severino and Alan Sears.

The subject of scorn in “We the People” is the federal judiciary, seen as a rogue branch of government with a revisionist interpretation of the Constitution. Newcombe warns that “our country is under attack by activist judges, including some on our nation’s Supreme Court.”

The separation of church and state is framed as both a slap in the face to Christians and a subversion of the will of our Founding Fathers, and Titus laments that the U.S. government doesn’t strictly adhere to the Ten Commandments and the Bible in its public policy. Rabe breathlessly reports that “in recent decades, the federal judiciary has instituted abortion on demand, overturned limits on partial-birth abortion, silenced voluntary prayer in schools and discovered a so-called ‘right to sodomy’ in the constitution.”

Newcombe argues that recent decisions by the Supreme Court defy the Constitution’s purportedly religious themes, and relays this quote by Thomas Jefferson to prove that even he believed in mixing religion with government:

No nation has ever yet existed or been governed without religion. Nor can be. The Christian religion is the best religion that has been given to man, and I as chief magistrate of this nation am bound to give it the sanction of my example.

One slight caveat, however: this quote appears absolutely nowhere in any of Jefferson’s writings or records of his speeches, and first materialized in 1857, decades after Jefferson died. Looks like Newcombe will have to find more fake quotes from the nation’s founders to prove his point. 

Hobby Lobby And 'Biblical Economics'

Supreme Court Justice Ruth Bader Ginsburg wrote in her dissent in the Hobby Lobby case that the Court’s conservative majority had “ventured into a minefield” with its decision. Many of those mines have already been placed by right-wing leaders who claim a religious grounding not only for anti-gay, anti-abortion, and anti-contraception positions, but also for opposition to collective bargaining, minimum wage laws, progressive taxation and government involvement in the alleviation of poverty.

In Hobby Lobby, the Court found for the first time that for-profit corporations have religious rights just like real people and can therefore make claims under the Religious Freedom Restoration Act that they should be exempt from laws that burden their corporate “exercise” of religion. In her dissent, Justice Ruth Bader Ginsburg was deeply skeptical of Justice Samuel Alito’s assertion that the decision was limited only to the contraception mandate and only for closely held corporations.

“Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, or according women equal pay for substantially similar work?” she asked. How would the Court justify applying its logic only to religious views about contraception?  “Indeed, approving some religious claims while deeming others unworthy of accommodation could be ‘perceived as favoring one religion over another,’ the very ‘risk the Establishment Clause was designed to preclude.’”

Ginsburg’s questions are not merely rhetorical. Conservative Catholic and evangelical leaders who have signed the Manhattan Declaration, including some U.S. bishops, declare themselves willing to engage in civil disobedience – maybe even martyrdom – in order to avoid any participation in abortion or any “anti-life act.” Nor, they declare, “will we bend to any rule purporting to force us to bless immoral sexual partnerships, treat them as marriages or the equivalent, or refrain from proclaiming the truth, as we know it, about morality and immorality and marriage and the family.”

Alito’s majority opinion says Hobby Lobby does not extend the right to religion-based discrimination on account of a person’s race, but is conspicuously silent on other kinds of discrimination. That silence raises concerns that business owners could use the Hobby Lobby decision to opt out of a future federal LGBT civil rights law, or the Obama administration’s executive order against anti-LGBT discrimination by federal contractors.

Indeed, especially in light of Alito’s mention in Hobby Lobby that RFRA applies to the District of Columbia as a federal enclave, such a claim could be brought today to seek an exemption from D.C.’s Human Rights Act that prohibits discrimination based on sexual orientation.  What happens if and when a local bishop instructs Catholic business owners that it would be sinful to treat legally married gay employees the same as other married couples, or an evangelical businessman declares he will not “bend” to DC’s Human Rights Act?

As Zoe Carpenter writes for The Nation,

Business owners now have a new basis for trying to evade anti-discrimination laws and their responsibilities to their employees. Religious liberty is already the rallying cry for conservatives looking for a legal way to discriminate against LGBT Americans; other business owners have tried to use religion to justify opposition to minimum-wage laws and Social Security taxes. Faith groups are already trying to capitalize on the Hobby Lobby decision out of court; on Wednesday, a group of religious leaders asked the Obama administration for an exemption from a forthcoming federal order barring federal contractors from discrimination on the basis of sexual orientation or gender identity.

To be clear, the federal Religious Freedom Restoration Act that was used as the basis for the Hobby Lobby decision applies only to federal and District of Columbia laws and regulations, including presidential executive orders, not to state laws.

The stories of business owners being told they cannot exempt themselves from anti-discrimination laws have mostly involved questions about state-level civil rights and religious freedom statutes. Earlier this year the US Supreme Court declined to review a New Mexico Supreme Court ruling that a wedding photography business had violated anti-discrimination law when it refused to photograph a same-sex commitment ceremony.

Although Hobby Lobby does not apply directly to state laws, it could influence state courts weighing religious claims by business owners in states with their own versions of RFRA.

The clash between religious conservatives and advocates for LGBT equality has been well publicized. But the minefield Ginsburg refers to extends well beyond traditional “social issues.” Religious Right leaders have been working hard to convince conservative evangelicals that the Tea Party’s anti-government, anti-union, anti-welfare agenda is grounded in the Bible – an effort that started well before the Tea Party arrived on the scene.

David Barton is an influential Republican activist and “historian” who helped write the GOP’s national platform in 2012. Barton’s “Christian nation” approach to history has been denounced by historians and scholars, including some who are themselves evangelical Christians, but it is embraced by conservative politicians who extol a divinely inspired American exceptionalism. Barton teaches that Jesus and the Bible are opposed to progressive taxation, minimum wage laws, collective bargaining, and “socialist union kind of stuff.” 

In addition, “mainstream” Religious Right leaders and conservative politicians are increasingly allied with a group of Pentecostal leaders who promote a “dominionist” theology that says God requires the right kind of Christians to take dominion over every aspect of society, including the business world. Many of them were sponsors of, and participants in, the prayer rally that Texas Gov. Rick Perry used to launch his ill-fated 2012 presidential campaign.

Thanks to previous Supreme Court decisions, alluded to and affirmed by Alito’s majority opinion in Hobby Lobby, the Court has for now seemingly closed the door to companies making a religious challenge to paying Social Security and federal income taxes based on their objection to a particular government program funded with those taxes. But the same might not be true for more targeted taxes and fees, or for laws regulating company behavior or the relationships between companies and their employees.

Opposition to unions has deep roots in Christian Reconstructionism, which has influenced the Religious Right’s ideology and political agenda. An early Christian Coalition Leadership manual, co-authored by Republican operative Ralph Reed in 1990, is a stunning example. A section titled “God’s Delegated Authority in the World” argues that “God established His pattern for work as well as in the family and in the church.” It cites four Bible passages instructing slaves to be obedient to their masters, including this one:

Slaves, submit yourselves to your masters with all respect, not only to those who are good and considerate, but also to those who are harsh. For it is commendable if a man bears up under the pain of unjust suffering because he is conscious of God. 

The conclusion to be drawn from these slaves-obey-your-masters passages?

Of course, slavery was abolished in this country many years ago, so we must apply these principles to the way Americans work today, to employees and employers: Christians have a responsibility to submit to the authority of their employers, since they are designated as part of God’s plan for the exercise of authority on the earth by man. 

More recently, Religious Right leaders have cheered on corporate-funded attacks on unions in Wisconsin and Michigan. Does the Hobby Lobby ruling open another front in the right-wing war on workers? It is not uncommon for companies to refuse to cooperate with union organizers or negotiate with a properly organized union. Imagine that a business owner objects to a National Labor Relations Board finding that they have violated the National Labor Relations Act by arguing in federal court that their company’s religious beliefs prohibit them from dealing with unions?

It’s not as far-fetched as it might seem. Since long before the Hobby Lobby case created an open invitation to business owners to raise religious objections to bargaining with unions, the National Right to Work Legal Defense Foundation has encouraged workers to raise religious objections to requirements that they join or financially support a union. Here’s an excerpt from their pamphlet, “Union Dues and Religious Do Nots.”

To determine whether your beliefs are religious instead of political or philosophical, ask yourself whether your beliefs are based upon your obligations to God. Do you simply dislike unions or hate this particular union’s politics? Or, does your desire to stand apart from the union arise from your relationship to God? If your beliefs arise from your decision to obey God, they are religious. 

It is possible that conservative courts may not give the same weight to religious claims about anti-gay discrimination or the Bible’s opposition to unions or minimum wage laws as they did to Hobby Lobby’s anti-contraception claims. Those claims were based on the owners’ belief – one that runs counter to medical scientific consensus – that some of the most effective forms of birth control work by causing abortions, and are therefore the moral equivalent of murder.

But as Justice Ginsburg pointed out, it is not clear how courts will differentiate between different types of claims. And it will be easier for claims to meet the new, lower threshold created by the Court in effectively altering the “substantial burden” test.

As Justice Ginsburg pointed out, rather than having to show that a person’s, or corporation’s, practice of religion has been burdened, they simply need to show that a law is “incompatible with” the person’s religious beliefs. Additionally, it seems that a wide array of regulations, conceivably including minimum wage laws, could be threatened by Alito’s reliance on the idea that having the government pay for the cost of implementing a regulation is less restrictive than having the company  bear the cost of a regulation it objects to.   

It is also not clear that the decision will remain “limited” to the 90 percent of American companies that qualify as closely held, which employ more than half of the nation’s workforce. The Court explicitly acknowledged the possibility that publicly traded corporations could raise such claims, but argued that it would be “unlikely.” But in this new world in which corporate religious claims can be made against government regulation, what is to prevent the CEO or board of a publicly traded organization from finding religion with regard to, say, greenhouse gas emissions?

The Evangelical Declaration on Global Warming, promoted by the anti-environmentalist Cornwall Alliance, declares as a matter of faith that earth’s ecosystem is not fragile and that efforts to reduce global warming, like regulating the emission of carbon dioxide, are not only “fruitless” and “harmful” but would discourage economic growth and therefore violate Biblical requirements to protect the poor from harm.

Justice Alito’s opinion rejects Justice Ginsburg’s characterization of the ruling’s “startling breadth.” But it is undeniable that the Court majority has opened the door to owners of for-profit corporations making an array of claims under the Religious Freedom Restoration Act. 

Justice Ginsburg writes in her dissent, “Little doubt that RFRA claims will proliferate, for the Court’s expansive notion of corporate personhood—combined with its other errors in construing RFRA—invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faith.” For today’s right-wing leaders, who claim religious grounding for just about every aspect of their political ideology, there aren’t many forms of regulation that would be off-limits.

Filibuster of Hobby Lobby Bill Sends Clear Message: Republicans Value ‘Rights’ of Corporations Over Rights of Women

WASHINGTON — Today the Senate failed to overcome a Republican filibuster of the Protect Women’s Health from Corporate Interference Act (S. 2578), a bill to fix the harm done by the Supreme Court’s recent Hobby Lobby decision.

People For the American Way Executive Vice President Marge Baker released the following statement:

“With today’s filibuster, Senate Republicans aligned themselves with the Supreme Court’s conservative majority in valuing the ‘rights’ of corporations over the rights of real women. And once again, they’ve refused to allow a critically important issue even to come up for a yes-or-no vote.

“This blatant obstruction is unacceptable. The majority of Americans understand that businesses shouldn’t be able to deny women health care. But Congressional Republicans sent a clear message to women: your access to birth control is less important than pushing our own right-wing agenda.”

More than 100,000 people have signed People For the American Way’s petition urging Congress to override the damaging Hobby Lobby decision.

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Michael Peroutka Campaign Spox John Lofton: Public Officials' Job To 'Administer' God's Law

We’ve been reporting on the candidacy of Michael Peroutka, the 2004 presidential nominee for the U.S. Constitution Party and now the apparent GOP nominee for a county council seat in Anne Arundel, Maryland.  It is frankly hard to imagine a more extremist candidate for public office.  

He is a radical Christian Reconstructionist and southern secessionist who argues that the Maryland General Assembly is “no longer a valid legislative body” because it has passed laws he thinks are violations of “God’s law.” He took part in Larry Klayman’s “revolutionary” rally last November, which did not achieve its stated goal of forcing President Obama out of office. He asked the white nationalist League of the South for help in his campaign. His family foundation gave a dinosaur fossil to the Creationist Museum to keep it out of the hands of evolution-promoting scientists. And notably, for a GOP candidate, he disparages “the Republican Party and their brand of worthless, Godless, unprincipled conservatism.”

Peroutka’s partner at the Institute on the Constitution, David Whitney, ran for the same seat in the Democratic primary, and lost. But another ideological compatriot, Joseph Delimater, won the uncontested GOP primary for county sheriffFrederick Clarkson points out that Delimater’s campaign website argues that it’s the responsibility of a county councilman and sheriff to resist implementation of any law that violates God’s law.

Peroutka’s campaign spokesman John Lofton told the Capital Gazette newspaper that the candidate “would evaluate each piece of legislation to be sure it was authorized by God in the Bible, the U.S. Constitution and the Anne Arundel County Charter.” Lofton was communications director for Peroutka’s 2004 presidential campaign and has also served as communications director for Peroutka's Institute on the Constitution

Like Peroutka, Lofton has expressed contempt for the Republican Party, calling himself a “Recovering Republican,” and explaining on his website, “Being a Republican is not a disease; it is a choice – a very bad choice, but a choice nonetheless.”

Lofton was a movement conservative until he became enamored of Christian Reconstructionist R.J. Rushdoony and disillusioned that the conservative movement was not sufficiently focused on God. A few years ago he denounced the conservative movement, saying that “Dunghill Rejects” was the “perfect name” for “for the Godless, anti-Christian, modern ‘conservative movement.’”

Lofton has been invited to speak about God and Government at Liberty University’s Helms School of Government. He said the purpose of the Institute on the Constitution’s God and Government project – which encourages individuals to use public comment periods at local government meetings to deliver packaged two-minute statements – is “to tell our elected officials that government is from God and therefore their first duty is to obey God and to administer and apply his law.”

On his Christian Post blog, Lofton has asked whether President Obama is wearing a “What Would Satan Do?” bracelet and decreed that sending children to public schools is “spiritual child abuse” and a sin.

And in reference to an article about evangelicals disagreeing on budget priorities, he wrote that “there should be no disagreement among those who believe the Bible is true. Because it is crystal clear that in God's Word He gives NO AUTHORITY to civil government (Caesar) to give health, education or welfare to ANYBODY. If people need help, it is the role of the Church --- God's people --- to provide this help and NOT government.” He insists, “Man-made ‘laws’ that contradict God's Law are not law.”

Lofton’s Facebook page indicates that he shares Peroutka’s contempt for many contemporary political figures. He writes that President Obama “heads up the most powerful terrorist organization in the world, the American government.”

This week Lofton dismissed as “IDOLATROUS LINCOLN-WORSHIPPING CRAP” an article in which the Religious Right’s intellectual godfather, Robert George, wrote that Lincoln had, by saving the union, “completed, in a sense, America’s founding.”

On the 4th of July Lofton bragged that his local paper had printed his letter to the editor, which denounced the Laurel, Maryland, City Council for allowing a Hindu to open a meeting “by invoking false Gods,” which he called “an act of appalling idolatrous idiocy which invites God – the God of the Bible, the only true God there is – to curse us.”

Back in 2002, Lofton was interviewed by Stephen Colbert for The Daily Show. He denounced Lynn Cheney’s children’s book as “child abuse” for including Martin Luther King and a reference to the Day of the Dead holiday, which he said is “from the pit of hell.”

Tony Perkins' Christian-Persecution Report Highlights Persecution of Tony Perkins

The Family Research Council came out yesterday with a report on "hostility to religion in America," a collection of anecdotes from the past 14 years supposedly illustrating the persecution of conservative Christians in the U.S.

Some anecdotes highlighted in the report are troubling incidents that FRC admits were later rectified. Others are incidents that we might not all count as examples of religious hostility — for instance Miss USA contestant Carrie Prejean being “mocked and ridiculed” for her answer to a question on same-sex marriage in 2009. Still others are stories of dubious accuracy — for instance, the story of a girl in Florida supposedly punished for praying at school, who just so happened to be the daughter of the man in charge of promoting Todd Starnes’ book on Christian persecution.

And then there was this:

Minister’s Invitation to National Prayer Luncheon Revoked because of His Comments on Homosexuality in the Military – February 2010*

An ordained minister and Marine Corps veteran was punished for speaking out on a topic unrelated to his planned comments at the National Prayer Luncheon at Andrews Air Force Base outside of Washington, D.C. The minister criticized President Obama’s call to end the military’s “don’t ask, don’t tell” policy, resulting in his invitation to speak at the National Prayer Luncheon being rescinded. The minister criticized the action as “black-listing” to suppress unwanted viewpoints.

Who is this unnamed minister who was disinvited from the National Prayer Luncheon? He wasn’t just a minister who had criticized “don’t ask, don’t tell” repeal. He was none other than the Family Research Council’s own president Tony Perkins.

This attempt to gloss over Perkins’ identity to make him seem like an innocent bystander to a vast anti-Christian agenda highlights a key strategy in the Religious Right’s persecution narrative. Like David and Jason Benham, who lost a TV contract with HGTV after Right Wing Watch reported on their vocal and public anti-gay, anti-choice activism (and who are also featured in FRC’s report), Tony Perkins is not just a private citizen who holds anti-gay views. He’s the leader of a major organization that opposed the repeal of “don’t ask, don’t tell” with misleading claims and demeaning rhetoric. You can agree or disagree with Perkins being disinvited from the prayer luncheon. But FRC would like us to believe that disagreement with Tony Perkins is the very same thing as hostility to religion.

Unpacking Hobby Lobby & Other SCOTUS Decisions: PFAW Member Telebriefing

Yesterday, People For the American Way members participated in a special telebriefing to discuss the Supreme Court term that wrapped up this Monday and to unpack some of the critical decisions handed down by the Court this year. The call, which was kicked off by PFAW President Michael Keegan and moderated by Director of Communications Drew Courtney, featured Senior Fellows Jamie Raskin and Elliot Mincberg, as well as Executive Vice President Marge Baker.

Discussing Burwell v. Hobby Lobby, Raskin explained the case and the damaging implications of the 5-4 decision. Highlighting the “extreme and extravagant” claim made by Hobby Lobby that its religious rights were violated, Raskin described the court’s decision that the Religious Freedom Restoration Act covers “closely held” corporations and noted that this creates a “dangerous expansion of corporate personhood.” Raskin described how this exemplifies the Court in the Citizens United era, where the far right Justices regularly find ways to rule so they can enhance the power of corporations.

Mincberg also provided background on RFRA and explained how the law was distorted and expanded in this decision far beyond what anyone had in mind when it passed by an enormous bipartisan majority 20 years ago.

Members wanted to know what actions can be taken to help address the imbalance in the Court and the troubling decisions made by the Roberts’ Court in the last few years. Baker addressed the issue of rebalancing the Court, emphasizing the importance of presidential elections on the Court’s make-up.

The telebriefing also covered the recent decisions in McCullen v. Coakley, NLRB v. Noel Canning, and Harris v. Quinn, underscoring the Court’s decisive move to the right.

Listen to the full audio of the telebriefing for more information.

 

PFAW

FRC Finds Majority Side With Hobby Lobby If You Lie To Them

In his email to members last night, Family Research Council President Tony Perkins continued to crow about the Supreme Court’s Hobby Lobby decision, claiming that “an FRC-commissioned poll [found] that 53% of voters (including 50% of women!) disapproved of the idea that employers' should have to pay for workers' sexual decisions.”

“So if there is a war, it’s on the facts,” he concluded.

Indeed.

As it turns out, the FRC poll that Perkins cites, which was taken in December of last year, got its results by simply lying to respondents about the content of the contraception insurance mandate.

The pollsters asked respondents whether they supported or opposed the "mandate which requires that all private healthcare plans, including both employer based health plans and individual market health plans, cover preventative care services for women, which includes all FDA approved contraceptives, including drugs that can destroy a human embryo, and sterilization services without a direct cost to the patient."

In reality, none of the contraceptives covered under the HHS mandate “destroy a human embryo” — even if Hobby Lobby’s “sincerely held religious beliefs” hold otherwise.

As the Public Religion Research Institute found, when you poll people about the contraception coverage mandate without lying to them, a comfortable majority support it.

Theme Of 2015 World Congress Of Families Conference Will Be 'Religious Liberty'

The Associated Press reports that the theme of the next World Congress of Families, which will be held in Salt Lake City next year, is “religious liberty.”

“Religious liberty” is the hot topic for the Religious Right these days, but it doesn’t mean the same thing to the World Congress of Families and its allies that it means to the rest of us.

WCF has defended oppressive laws throughout the world, including a pair of recent Russian laws that were so extreme that they were condemned by even U.S. Commission on International Religious Freedom chairman Robert George —  a prominent opponent of marriage equality in the U.S. — as "part of the Putin government’s assault on freedom of religion and expression."

The group applauded Putin’s crackdown on LGBT people, saying, “The Russians might be the Christian saviors of the world” and helped to bring in American validators like the National Organization for Marriage’s Brian Brown to encourage a spate of anti-gay laws. WCF and its allied activists in Russia promoted and defended the most notorious of these laws, a gag order on pro-gay-rights speech — or “propaganda” — to minors, and worked with the law’s author to plan the Kremlin conference.

WCF, nonetheless, had to cancel its conference at the Kremlin this year — which was to be funded by major Vladimir Putin allies — after participants started to back out fearing a foreign policy headache.

WCF board member Janice Shaw Crouse, who is also a senior fellow at Concerned Women for America, has defended Putin’s prosecution of the members of the band Pussy Riot, which led to the passage of a ban on religious blasphemy.

Earlier this year, WCF presented an award to its Africa regional director, who backed a ban on free association among gay people in Nigeria.

The Salt Lake City conference’s website says the event will be organized by the Sutherland Institute, a Utah-based group whose president, Paul Mero, used to be an executive at the Howard Center for Family, Religion and Society, which runs the World Congress of Families. Mero was the coauthor of WCF founder Allan Carlson’s book, “The Natural Family: A Manifesto.”

Last year, after the Supreme Court heard arguments in two marriage equality cases, Mero presented his view that freedom is incompatable with gay rights. Society cannot truly be free, he wrote, if our laws “codify bad behavior” like homosexuality, because “bad behavior is the enemy of freedom.”

However these two cases are ultimately decided, I have to wonder aloud if the average American today even understands the requirements of a free society. I’ll remind you of what I have stated repeatedly: A free society requires us to become our better selves. In other words, a free society cannot long endure an aggregate of bad behavior. If the people decide one day that stealing is actually fine, we would eventually lose our freedom. If the people decide one day that lying is okay, we would eventually lose our freedom. Or, if the people decide one day that infidelity in our most personal relationships is normal, we would eventually lose our freedom.

Bad behavior is the enemy of freedom. Yes, a free society is very patient and very forgiving. Individually, each of us has great liberties to work out our lives for the better. We stumble and we fail, but as long as we keep trying to better ourselves, in character and virtue, freedom remains undisturbed. It’s only when we give up on becoming our better selves, only when a majority of people argue that character and virtue don’t matter, only when a nation decides to redefine the best within us to mean anything we need it to mean in justifying bad behavior that our freedom is in jeopardy.

There’s a lot we could talk about there but the idea itself raises another question regarding “gay rights”: How does homosexuality help us to become our better selves? What benefit to society is derived from two men being able to marry?

Again, a free society is very tolerant by nature. Everyone has wide latitude in working out their personal lives – and every one of us behaves badly to one degree or another. That’s a given. It’s part of life. But what a free society can ill afford is when the people decide to codify bad behavior in the law. Our laws increasingly reflect our dysfunctional selves, not our better selves. The argument over “gay rights” and same-sex marriage is ultimately an argument over whether or not we enshrine bad behavior in our laws. Being “gay” might be about personal feelings and sexual attractions for some. But our laws only know human behavior – and a free society requires that our laws sustain and encourage the best within us, not our selfish worst.

How the Hobby Lobby Majority Distorted RFRA — and Why That’s Dangerous for All Americans

In its 5-4 ruling  today in Hobby Lobby, the Supreme Court’s right-wing majority played fast and loose with the Religious Freedom Restoration Act (RFRA), the law that provided the basis for the claim that religious liberty rights conflicted with the Affordable Care Act (ACA). As Justice Ginsburg’s dissent pointed out, the clear language and history of RFRA stated that it was intended to “restore” the protection of religious liberty that the First Amendment provided before Justice Scalia’s infamous decision in Employment Division v. Smith, which said that there was no protection for religious people whose religious practices were substantially burden by general laws. As a participant in drafting and helping get support for RFRA in the 1990s, I can testify personally that this was true. The broad coalition of groups and legislators – from PFAW to the National Association of Evangelicals, from Orrin Hatch to Ted Kennedy – would never have agreed otherwise. But the 5-4 majority in Hobby Lobby nevertheless claims that RFRA was, in Justice Ginsburg’s words, “a bold initiative departing from, rather than restoring, pre-Smith jurisprudence.”

This twisting of RFRA was significant in two ways to the Hobby Lobby result. First, it allowed the majority to rule that for-profit corporations like Hobby Lobby could claim rights under RFRA. As Justice Ginsburg pointed out, the Court had never so ruled before, since religious liberty protection properly belongs to individuals and religious institutions like churches. Second, it led to the majority’s ruling that there was a “substantial” burden” on religious exercise in the case, based on the claim that the religious beliefs of Hobby Lobby’s owners were offended by the ACA requirement. As Justice Ginsburg explained, pre-Smith law made clear that this kind of mere conflict with religious beliefs was not enough to prove a substantial burden. Instead, a requirement must actually restrict or burden  “what [the person] may believe or what he may do.” Under this analysis, Ginsburg explained, any burden in this case was too attenuated to be substantial. After all, Hobby Lobby was not required to purchase or provide contraceptives, but simply to deposit money into undifferentiated funds that finance a wide variety of benefits; it was up to individual employees whether to utilize contraceptives.

These concerns are much more than historical or theoretical. First, the majority’s rationale could deprive millions of Americans of contraceptive or other coverage under ACA. Even if restricted to closely held corporations, more than 50% of all American workers work for corporations that could similarly claim under Hobby Lobby that their religious beliefs are sincerely offended by providing coverage for contraceptives or other services, and that would be enough to trigger RFRA. Second, if a corporation can prove it is substantially burdened under RFRA because its owners or board have a sincere religious objection to a government requirement, they can make exactly those claims to try to exempt themselves from anti-discrimination and other workers’ rights laws. The Hobby Lobby majority tried to downplay this concern by Justice Ginsburg, but specifically mentioned only that laws banning racial discrimination should be safe from this claim. For example, what about laws banning discrimination based on gender and sexual orientation? The 5-4 majority opinion is almost an invitation to businesses to further distort RFRA by making such claims.

 

 

PFAW Foundation

African American Ministers on Hobby Lobby: Employers Shouldn’t Be Able to Dictate Women’s Health Decisions

WASHINGTON – In response to today’s 5-4 Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc., the female clergy members of People For the American Way Foundation’s African American Ministers Leadership Council released the following statement:

“In today’s Hobby Lobby decision, the men of the Supreme Court’s conservative majority took special pains to argue that companies can’t dictate all of their employees’ health decisions, just those about women’s health.

“This is a full-scale attack on women, and it’s unacceptable. Today’s ruling threatens to prevent countless women from accessing the reproductive health services they need. Women’s health decisions should be between them and their doctors, not them and their employers.

“As faith leaders, we are deeply concerned about the distortion of the concept of religious liberty in today’s decision. Allowing corporations to infringe on the rights of their employees in the name of religious freedom is not what our Constitution’s framers had in mind, and it’s not in line with our values as Americans.”

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Did Hobby Lobby Majority Undercut Its Own Argument?

The majority contradicts its own rationale for why Hobby Lobby won't open the floodgates to RFRA claims by large, publicly-traded corporations.
PFAW Foundation

Hobby Lobby: 'Closely Held' Does Not Mean 'Mom and Pop'

In the Supreme Court’s decision in Hobby Lobby, the Court held for the first time ever that a for-profit corporation counts as a “person” under the Religious Freedom Restoration Act and that a “closely held” corporation basically shares the religious exercise rights of its owners.  This leads American law into a treacherous minefield, as Justice Ruth Bader Ginsberg made clear in her dissent.

It’s worth pointing out, as Justice Ginsberg also noted, “’Closely held’ is not synonymous with ‘small.’” Hobby Lobby is a massive corporation employing some 13,000 people, but there are other closely held companies that are much larger. In a footnote, Ginsberg mentions family-owned Mars, Inc. and closely held Cargill, which are both among the largest five private companies in the country. Guess which is number two? Koch industries, with $115 billion in revenue and 60,000 employees. Brothers David and Charles Koch reportedly own 84 percent. Rounding out the top five private companies are Dell and Bechtel. Those five companies employ more than 436,000 people. What religious claims might their owners find useful to make in undermining laws that protect their workers?

PFAW Foundation

Anti-Gay Activists Hopeful Hobby Lobby Will Lead To License To Discriminate

Anti-gay activists are rejoicing at the Supreme Court's decision in Hobby Lobby today, in part because they are hopeful that the decision will pave the way for one of their own policy goals: to use the religious liberty argument to push for broad exemptions for corporations from nondiscrimination laws.

Liberty Counsel's Matt Barber is hopeful that the decision bodes well for those trying to use religious freedom as a cloak to justify discrimination against LGBT people:

Peter LaBarbera of Americans for Truth About Homosexuality has a similar take:

There may be reason for them to be optimistic. As SCOTUSblog pointed out, the majority's opinion pointedly leaves open "the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation." 

With respect to implications for other kinds of religious-based discrimination, the Court writes that racial discrimination in hiring will not be permitted under RFRA because "The Government has a compelling interest in providing equal opportunity to participate in the workforce without regard to race, and prohibitions on racial discrimination are precisely tailored to acheive [sic] that critical goal." Note that this leave open the question of whether the Government has a similarly compelling interest in preventing discrimination on the basis of sex or sexual orientation.

UPDATE: TPM has more on this.

UPDATE II: Bryan Fischer of the American Family Association has joined the chorus:

Hobby Lobby Opens Up a Minefield

The Hobby Lobby ruling opens the door to handing even more power to large corporations, including the power to ignore anti-discrimination laws.
PFAW Foundation

Supreme Court Distorts Religious Liberty Law in Hobby Lobby Decision

WASHINGTON — In response to today’s 5-4 Supreme Court ruling in Burwell v. Hobby Lobby Stores, Inc., People For the American Way Foundation President Michael Keegan released the following statement:

“Arguing that ‘closely held’ for-profit corporations have religious rights and can use those ‘rights’ to deny needed health care to employees is absurd. Threatening to prevent millions of women from accessing birth control doesn’t protect anyone’s religious liberty — it is a distortion of the very idea of religious liberty.

“Unfortunately, this decision is not surprising coming from a Court that ruled only four years ago that corporations have the political rights of real people. Hobby Lobby is one more step in the Supreme Court majority’s ongoing attack on the rights of everyday Americans, handing corporations even greater power over our lives. What rights will corporations be given next? This decision opens up a minefield, potentially paving the way for all kinds of harmful claims in the name of corporate religious rights.”

Earlier this year, People For the American Way Foundation Senior Fellow Jamie Raskin authored a report on the case titled, “The Gospel of Citizens United: In Hobby Lobby, Corporations Pray for the Right to Deny Workers Contraception.”

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