Jeff Sessions

Reaction to DADT Vote: "The Few, the Proud, the Sexually Twisted"

Today, the Senate voted 63-33 to invoke cloture and bring the repeal of Don't Ask, Don't Tell to a final vote later today.  With repeal of DADT all but a foregone conclusion, the Religious Right has begun releasing statements which we are going to chronicle here as they come it.

And judging by the early statements from the likes of Bryan Fischer of the American Family Association, this vote is literally going to mean the end of America:

We are now stuck with sexual deviants serving openly in the U.S. military because of turncoat Republican senators ... Had the cloture vote failed, we would still have sane moral and sexual standards governing military personnel policy. But sadly those days are gone, perhaps forever.

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The armies of other nations have allowed gays to serve openly in the military. The reason they could afford to do this is simple: they could allow homosexuals to serve in their military because we didn’t allow them to serve in ours.

They knew they could count on the strength, might, power, and cohesion of the U.S. military to intervene whenever and wherever necessary to pull their fannies out of the fire and squash the forces of tyranny wherever they raised their ugly heads around the world.

Those days are now gone. We will no longer be able to bail out these other emasculated armies because ours will now be feminized and neutered beyond repair, and there is no one left to bail us out. We have been permanently weakened as a military and as a nation by these misguided and treasonous Republican senators, and the world is now a more dangerous place for us all.

It’s past time for a litmus test for Republican candidates. This debacle shows what happens when party leaders are careless about the allegiance of candidates to the fundamental conservative principles expressed in the party’s own platform.

Character-driven officers and chaplains will eventually be forced out of the military en masse, potential recruits will stay away in droves, and re-enlistments will eventually drop like a rock.

The draft will return with a vengeance and out of necessity. What young man wants to voluntarily join an outfit that will force him to shower naked with males who have a sexual interest in him and just might molest him while he sleeps in his bunk?

This isn’t a game, and the military should never be used, as is now being done, for massive social re-engineering. The new Marine motto: “The Few, the Proud, the Sexually Twisted.” Good luck selling that to strong young males who would otherwise love to defend their country. What virile young man wants to serve in a military like that?

If the president and the Democrats wanted to purposely weaken and eventually destroy the United States of America, they could not have picked a more efficient strategy to make it happen.

Rarely can you point to a moment in time when a nation consigned itself to the scrap heap of history. Today, when the Senate normalized sexual perversion in the military, was that moment for the United States. If historians want a fixed marker pointing to the instant the United States sealed its own demise, they just found it.

Family Research Council:

Family Research Council President Tony Perkins issued the following statement following the vote:

"Today is a tragic day for our armed forces. The American military exists for only one purpose - to fight and win wars. Yet it has now been hijacked and turned into a tool for imposing on the country a radical social agenda. This may advance the cause of reshaping social attitudes regarding human sexuality, but it will only do harm to the military's ability to fulfill its mission.

"It is shameful that the Democratic leadership, aided by Republican Senators, has forced through such a radical change in a lame-duck session of Congress. The 1993 law which is to be repealed was adopted only after months of debate and at least a dozen Congressional hearings. The repeal has been forced through only eighteen days after the Pentagon released a massive report, which raised more questions than it answered on the impact the overturning of this policy will have on our nation's military.

"It is clear why this was done: not to enhance the military's ability to accomplish its mission or to enhance national security. Rather, it is a political payoff to a tiny, but loud and wealthy, part of the Democratic base. They knew that the Congress elected last month would never adopt such legislation - certainly not without a more thoughtful and deliberative process.

"We thank Senators John McCain, James Inhofe, Jeff Sessions and Jim DeMint, as well as all of those who voted to support our troops over advancing a liberal social agenda. These senators fought hard for our men and women in uniform, and their efforts will not be forgotten."

Peter LaBarbera:

Peter LaBarbera, president of Americans For Truth About Homosexuality, which opposes the “gay” activist agenda, said today’s vote, potentially clearing the way for repealing the military ban, is the most important homosexuality-related congressional vote ever held: “If the lame-duck Congress succeeds in ‘gaying down’ our military this weekend, it will take a disastrous leap toward “mainstreaming” deviant, sinful homosexual conduct – not just in the military but in larger society — thus further propelling America’s moral downward spiral.

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Americans are tired of religious phoneys like [Sen. Joseph] Lieberman – politicians who use their religion as a PR prop while actively undermining its moral dictates. Claiming to be an “observant” Jew, Lieberman wears his religion on his sleeve (perhaps he will walk, not drive, on the Jewish Sabbath Day today to cast his pro-homosexuality vote!). Stealing the moral authority of “civil rights” is the only way Lieberman can rationalize his role as a crusader for the ‘Gay’ Lobby on Capitol Hill — when His religion, a form of Orthodox Judaism, condemns homosexual acts as an “abomination”

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Said Brian Camenker, founder of the pro-family group Mass Resistance, who attends an Orthodox synagogue in the Boston area:

“Sen. Joseph Lieberman, who has the incredible chutzpah to call himself an Orthodox Jew, will desecrate the holy Sabbath to go to work – the U.S. Senate – and vote to force the integration of homosexuality into the U.S. military. He is a shameful disgrace and an embarrassment to Orthodox Jews everywhere.”

Freedom Federation:

Mathew Staver, on behalf the Freedom Federation, made the following statement in response to the Senate’s vote to repeal Section 654, Title 10, U.S.C. (1993), which is usually mislabeled by the subsequent Executive policy known as “Don’t Ask, Don’t Tell” (DADT): "Our armed forces should take heart, because the American people will not turn its back on you. This vote happened because opportunistic Senators – only days before Christmas – put political interest groups above supporting our men and women in uniform."

Staver continued, "This action will be overturned in the next Congress because it breaks the bond of trust that must exist between the military and those who command in the Pentagon and Congress. Today’s vote will prove as costly to its proponents as ObamaCare was to its advocates. We promise a full mobilization of faith-based and policy organizations, veterans, and military families in the states of every Senator who voted for repeal of DADT against the advice of our service chiefs and during a time of war. Those Senators – and the Pentagon leaders responsible for this breach of trust – should understand that they will be the object of concerted political action against them."

MassResistance:

The U.S. military took its first step on the sexual slippery slope when it admitted women to the military academies in the mid-1970s. Later, women began serving on the frontlines (just one way Bill Clinton ensured the decline of our once proud military and kowtowed to the radical feminists). The denial of reality—that there was no new element of sexual tension acting as a distraction from discipline—began then.

The incorporation of women at least involved normal sexuality. And if a woman became pregnant, she would be discharged. Still, enormous damage has been done.

Now, with the repeal of the ban on homosexuals serving openly, we will see increased tensions, this time with an unnatural and perverted sexuality endangering discipline—and it will be more pervasive in the daily life of a soldier. Where men and women are at least segregated in their housing, bathrooms, etc., this will not be the case with homosexuals.

What a betrayal by our new Senator Brown to vote for the repeal of this important element of discipline. But then, he probably doesn’t have a problem showering no matter who is ogling him:

 Gordon Klingenschmitt:

"A chaplain friend of mine asked God this week, 'why do you allow evil to grow in America, and open homosexuality to be forced upon our military?' To which God answered him from Psalm 92:7: 'When the wicked spring as the grass, and when all the workers of iniquity do flourish; it is so that they shall be destroyed forever.'

"Homosexual sin will always be a stench in the nostrils of Almighty God, an abomination which God condemns and shall punish with everlasting destruction. Even if the Senate had voted 100 to 0 to legalize sin, they could not remove God from His throne of Judgment, before which every knee shall bow, and every tongue confess that Jesus Christ is Lord.

"I hereby call upon the new Congress to never certify that the military is ready to implement repeal of Don't Ask, Don't Tell, and instead pass strong laws protecting the rights of Christian troops (especially chaplains) to openly speak their opinions about what the Bible calls sin, to refuse common showers, sleeping quarters and 'social re-education' without repercussion, guaranteeing religious freedom even outside of chapel services. If free speech and free religion rights of Christian chaplains and troops are not protected, then the military is not ready to certify or implement repeal, and will quickly begin to persecute good people of Christian conscience.

"I also hereby invite my own network of up to 125,000 patriot pastors across America, to whom I have, and shall again fax free voter guides before the November 2012 election, to mobilize Church voters to throw out these 25 pro-homosexual Senators up for re-election in 2 years: Snowe (R-ME), Scott Brown (R-MA), Ensign (R-NV), James Webb (D-VA), Nelson (D-NE), Nelson (D-FL), McCaskill (D-MO), Tester (D-MT), Conrad (D-ND), Sherrod Brown (D-OH), Casey (D-PA), Feinstein (D-CA), Carper (D-DE), Akaka (D-HI), Cardin (D-MD), Stabenow (D-MI), Klobuchar (D-MI), Menendez (D-NJ), Bingaman (D-NM), Gillibrand (D-NY), Whitehouse (D-RI), Cantwell (D-WA), Kohl (D-WI), Lieberman (I-CT), Sanders (I-VT)."

Alliance Defense Fund:

The conservative legal group, Alliance Defense Fund, issued a statement after the vote saying "The Senate's cave-in to pressure from activists to impose homosexual behavior on our military will place our troops' religious liberties in unprecedented jeopardy. Indeed, the first official casualty of this hurried vote may well be the religious freedom of chaplains and Service members." ADF Litigation Counsel, Daniel Blomberg, went on to say " no Americans, and especially not our troops, should be forced to abandon their religious beliefs."

The ADF says it stands ready to defend Service members if they are ever unconstitutionally required to choose between "serving their country or obeying their God as a result of this damaging policy decision."

E.W. Jackson:

The unintended consequences on the military are staggering. Does this include transgender and transvestite individuals? What happens if homosexuals are married in one of the states which allow same sex marriage? Will the military recognize those marriages? There are too many unanswered questions.

"What of Christians who believe that homosexuality is sin? Are they to be silenced? Subjected to discipline or discharge? Will they live in close quarters with men or women attracted to the same sex? When homosexuality is given protected status, Christians are muzzled or persecuted for their beliefs, and their First Amendment Rights are trampled. This has happened in corporations all over America. The message is 'be silent or lose your job.' In the military, you cannot merely find another job. If keeping qualified people is the priority, what about the Christians who may be forced to leave the military because the environment is hostile to their faith? The message from Gates and Mullen is, 'Get out.' The repeal of the 'Don't Ask Don't Tell' law is a disaster of historic proportions and it must be reinstated. My organization and others will to fight to make sure that happens."

Traditional Values Coalition:

The attack against our military through the repeal of the 1993 law is an organized campaign against religion, biblical morality, and military culture.

A vote to repeal is an assault against the moral foundations of our society, which is based on Judeo-Christian values. This is only part of the total war that LGBT activists are waging against our culture.

LGBT activists are doing a victory dance over conquering our U.S. military – but this is only a skirmish in a long battle to homosexualize our entire culture. I expect to see an effort down the road to include "transgenders" in the military. That should be an interesting debate.

In addition, LGBT activists are now turning their guns on passage of the Employment Nondiscrimination Act (ENDA), which will be a disaster for businesses, charitable groups and Christian organizations. Schools will be forced to hire transgender teachers. They'll also be pushing for repeal of the Defense of Marriage Act (DOMA).

One of the new big guns in the LGBT artillery is called Equality Matters, which is a spin-off of the disreputable group known as Media Matters, run by gay activist David Brock. Guess who will be running Equality Matters? Why none other than Richard Socarides, a Fox News contributor and former gay senior advisor on domestic policy for President Clinton.

Equality Matters just launched its web page today and will be a major force in attacking traditional values in the years ahead.

Media Matters is a George Soros front organization designed to smear conservative journalists and to funnel misinformation into the so-called mainstream media. This Soros front currently has a $13 million yearly budget to assault Fox News and other credible news outlets.

All is not lost, however. With Republicans controlling the House in January, it is likely that conservatives will be successful in holding back at least some of the LGBT objectives until we can change Presidents in 2012. If we can elect a strong conservative, we might be able to reverse many of the current victories achieved by Obama and his LGBT friends.

Christian Anti-Defamation Commission:

After a long and difficult fight, the struggle for maintaining the military policy of “Don’t Ask Don’t Tell” was lost for now. There are some hard truths for those who uphold traditional biblical morality to face. Being able to admit we have a problem is the first step towards making the changes we need to reverse this and other gains made by sexual anarchists and secularists.

The last thing we need to do is surrender biblical moral standards to sexual libertines, as if God’s holy nature has somehow changed with public opinion polls.

Homosexual behavior is intrinsically sinful and we cannot renegotiate God’s moral law. No apologies are necessary for agreeing with Jesus, the Apostles, the Law and the Prophets. History, science, scripture and eternity concur.

Homosexual sin, like every other kind of sin, always results in some kind of death. But sexual sin in general, and homosexual sin in particular, is singled out in the Old and New Testament as particularly deadly. Because of this, the unrepentant person trapped in homosexuality, just like all other sinners, is to be pitied and the object of our compassion.

Spiritually, they are dead to God’s mercy and transforming grace in Christ. Sadly, it was unrepentant homosexual Ellen DeGeneres who emceed the Christmas in Washington TV Show this year with President Obama and family smiling as they blindly celebrated the birth of the Savior. They never saw the incongruence of it all.

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Ultimately, we must resolve that Providence has ordained the repeal of “Don’t Ask Don’t Tell” for now. It could not have happened if God had willed otherwise. But why?

In times like these when our nation defies the moral law of the living God, we must ask, “Is God hardening our heart like he did the defiant Pharaoh?” God did it to show His mighty power in the outpouring of ten plagues on the gods of Egypt and by destroying Pharaoh and his army.

Is God letting America ripen in her rebellion before He wields the mighty sickle of His wrath? It’s worth considering as our nation’s military now serves under a shameful, pink flag.

In the meantime Christian, humbly pray, boldly preach and persevere by the power of the Holy Spirit knowing that God is not mocked and one day His righteousness will prevail.

Richard Land:

"This is a very, very sad day for America," Richard Land, president of the Southern Baptist Convention's Ethics & Religious Liberty Commission, told Baptist Press. "It is an honor and a privilege, not a right, to serve in our nation's military. There are multitudes of reasons why the military is the most respected national institution in American life. I have heard from privates and seamen all the way through generals and admirals that this will cause significant numbers of people to resign from the military -- in the middle of two wars."

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"The reality is that in America today, an all-volunteer military is significantly disproportionately from red-state America," Land said. "And the resignations from the military will be disproportionately from red-state America. So, quite rapidly the military will go from an organization in which homosexuals are underrepresented in ratio to a percentage of the population to an institution where they are overrepresented, which will only accelerate the rate of resignation. Legislators who voted for this disproportionately never served in the military. The opposition was led by legislators who have served."

Concerned Women for America:

"Instead of answering questions about the rights of homosexuals in this country, rescinding DADT only serves to further muddy the waters. Will Christian chaplains be forced out of the military if they don't accept the repeal? Will homosexual partners receive preference over heterosexual families for military family housing? These are just the first of many questions surrounding implementation of this impending law, not to mention how it could severely affect our military personnel. We hoped our Congress would focus on the needs of the military and the protection of the country rather than force through this social engineering experiment during the lame duck Congress on the weekend before Christmas.

"For the social conservatives of this country, a good majority of whom voted in this new Congress, the fight over homosexual rights does not end at DADT. In no way does this repeal usher in an acceptance of same-sex marriage. Voters in 31 out of 31 states have voted to protect marriage as between one man and one woman, including supposedly liberal states such as Maine, Michigan, Oregon and California (twice). In Iowa this past election, three Supreme Court justices were voted out of office for legalizing same-sex marriage over the heads of the voters. When voters are fully informed, they reject the extreme homosexual rights agenda."

The Right Loses It As Kagan's Confirmation Nears

It seems that the closer Elena Kagan gets to being confirmed to the Supreme Court, the weaker the Right's case for opposing her becomes and, as such, the more desperate their campaign becomes.

While Phyllis Schlafly is warning that Kagan is part of President Obama's plan to "break free from our Constitution" and "fundamentally transform America," others, like Robert Knight, are going completely off the rails:

As we watch in disbelief, the United States Senate is about to take the Fifth on a Supreme Court nominee who has no business being near a courtroom except as a defendant.

The word from Capitol Hill is that the GOP won’t even bother with a filibuster despite evidence from Elena Kagan’s Judiciary Committee hearing that she falsified evidence used in a Supreme Court case and committed what might be perjury before that committee.

One wonders what it would take for the Senate to deny this nomination? A daytime bank robbery, guns drawn? No, that could be chalked up to youthful exuberance or perhaps research in pursuit of insight into the criminal mind. When the Gang of 14 Democrats and Republicans agreed to clear the path for some Bush Administration nominees, that arrogant group’s presumption was that a president is entitled to his pick unless there are “exceptional circumstances.”

If Elena Kagan’s malfeasance does not fit “exceptional circumstances,” the term has no meaning.

For the record, the phrase used by the Gang of 14 was "extraordinary circumstances," not "exceptional circumstances."

But Knight has nothing on the Family Research Council, which appears to be on the verge of losing its mind at the prospect of seeing Kagan on the Supreme Court:

In all of American history, only 111 justices have had the privilege of serving on the U.S. Supreme Court. By the end of this week, members of the Senate will have made their decision on the 112th. If it is Elena Kagan, the President's controversial Solicitor General, she will most likely join this elite club with the third fewest confirmation votes of any nominee in history. Outside the Beltway, she is unpopular even with everyday Americans, who are "more convinced than ever" that she is an ideological liberal one goal: to supplant the Constitution with a permanent Obama agenda. "It is all but certain," Sen. Jeff Sessions (R-Ala.) said, "that, if confirmed, Ms. Kagan will bring to the [Court] a progressive activist judicial philosophy which holds that unelected judges are empowered to set national policy from the bench." Her entire career--from the Clinton administration to Harvard Law School and the Solicitor General's office--is marred by a trail of unprincipled decisions.

Whether it was rewriting a medical group's opinion to promote infanticide or intentionally fixing a case to sink marriage, Kagan has proven that she will always ignore the law if it conflicts with her ultra-Left philosophy (or career goals). She may have zero experience as a judge, but the White House believes that she has plenty where it matters most: in years of pro-abortion, anti-American activism. Like the liberals in Congress, she is on the wrong side of the American people (and the Constitution) on every value we hold dear: the promise of new life, the stability of the family, the valor of our troops, the power of faith, and the significance of speech.

What Passes For News and CNSNews.com

Yesterday I posted a press release from Rabbi Yehuda Levin claiming that if Elena Kagan is confirmed to the Supreme Court, she will issue "extremist decisions" from the bench that will, in turn, unleash a "backlash" of anti-Semitic violence across the nation to sweep the nation. As such, Kagan's confirmation represents an "existential threat" to Jews in America and she therefore must be defeated.

Now obviously, that is insane.  But, as Media Matters notes, apparently not too insane for CNSNews to pick it up and turn it into an article.  And not just an old article that regurgitates Levin's absurd release, but one that actually contacted him for further comment:

Levin told CNSNews.com that his fellow rabbis--and hundreds of thousands of Orthodox and traditional Jews--are puzzled at the president’s choice of Kagan.

“What exactly was Obama thinking, President Obama thinking, when he nominated Kagan? Because eventually, down the road, someone--or some group--is going to ‘take the hit’ for the crazy decisions that Kagan is bound to make. So we would have much preferred if President Obama had given this ‘distinction’ to another minority group, instead of singling out the Jews.”

Barring a rebuff from the Senate Judiciary Committee, Levin told CNSNews.com that the rabbis want someone in the Senate to launch a filibuster to stop Kagan's nomination from coming to a vote.

"We’re waiting for the more courageous, decent senators--whether it’s a (Sen.) Jim DeMint (R-S.C.) or a (Sen.) Tom Coburn (R-Okla.) or a (Sen.) Jeff Sessions (R-Ala.)--we’re looking for them to stand up and filibuster this embarrassing endangerment of a nomination,” Levin said. 

And, of course, Matt Drudge is now promoting this article ... and so the cycle continues.

The Pathetic Desperation of the Anti-Kagan Campaign

Because the Right has very little ammunition against Elena Kagan heading into her confirmation hearings next week, they have been desperately trying to make up "controversies" that they can try to use against her.

Which is why a donation made by Saudi Prince Al-Waleed bin Talal to Harvard University to establish an Islamic Studies program at the time that Kagan was Dean of Harvard Law School has been transformed into a right-wing claim that Kagan supports Sharia Law and "the enemy" while hating our troops. 

So I guess it was only a matter of time until we started seeing things like this in Frank Gaffney's column in The Washington Times:

Hats off to Sen. Jeff Sessions. The top Republican on the Senate Judiciary Committee has opened up an important new front in the debate over Solicitor General Elena Kagan's fitness to serve on the Supreme Court: her attitude toward the repressive legal code authoritative Islam calls Shariah and her enabling of efforts to insinuate it into this country.

By so doing, the Alabama legislator has given his colleagues and the country an opportunity not only to flesh out and evaluate the thin public record of President Obama's second nominee to a lifetime appointment on the nation's highest court but also afforded us all what Mr. Obama might call a "teachable moment."

Specifically, this Supreme Court nomination offers a prism for examining the concerted and ominous campaign under way to bring Shariah to America, thanks to the troubling role Ms. Kagan played during her tenure as dean of Harvard Law School.

Right Wing Round-Up

  • Details: Deliverance: The True Story of a Gay Exorcism.
  • Alan Colmes: Christian Fundamentalists Believe Oil Spill Heralds The Apocalypse.
  • Media Matters: Rush sub Williams links earthquake fatalities in Haiti to lack of private property rights.
  • Wonk Room: Anatomy Of A Smear: From The Federalist Society, To CBS, To Jeff Sessions.
  • Joe.My.God: NOM Spends $200K To Support Anti-Gay Candidates In California.
  • Steve Benen: The GOP Drive to Use The Green Party.
  • Jim Burroway: Did FRC Lie To Congress About the Ugandan “Kill-The-Gays” Bill?
  • Autumn Sandeen: With Federal Hate Crimes Legislation, The Sky Didn't Fall. So, Why Would It Fall With ENDA?
  • Alvin McEwen: Religious Right Manipulating Bus Incident to Attack LGBT Community.

Sessions: Obama "Sees the Constitution as an Inconvenience"

Sen. Jeff Sessions has already made it abundantly clear that he intends to oppose pretty much anyone that President Obama nominates to replace Justice John Paul Stevens on the Supreme Court, and he keeps coming up with new reasons why, despite the fact that Obama has not even made the announcement yet. 

But I have to say that his latest justification is rather remarkable, as he is now accusing Obama of seeking a nominee who has no respect for the Constitution and who sees it merely as an "inconvenience" to be sidetracked ... just as Obama does: 

Sen. Jeff Sessions says that a Supreme Court nominee who followed President Obama's legal philosophy of considering the impact of a decision rather than following the law would not be qualified for the high court.

“He said that he wanted a judge who would consider the impact the decision would have on ordinary Americans,” Sessions (R.-Ala.) said in an interview with HUMAN EVENTS. “That’s a call to something other than the law and the facts. That’s a call to something more akin to politics than law. And so again I think the President’s presenting a troubling philosophy, and you have to assume that’s the kind of judge he’s going to nominate.”

Sessions, the ranking Republican on the Judiciary Committee, said that kind of standard shouldn’t be confirmed whether it’s espoused by a liberal or conservative.

“You can have a liberal or conservative judge who has such strong personal views that they can’t -- and won’t -- follow the law,” Sessions said. “Both of those are disqualified.”

He questioned whether Obama considers the Constitution when making decisions. “I think the American people are coming to recognize that the President sees the Constitution as an inconvenience…a handicap to achieving the agenda that he has,” he said.

Focus On Gay Nominee: From "Not Even Pertinent" to "Non Starter"

As we noted in our earlier post, before President Obama named his nominee to replace Justice David Souter on the Supreme Court, Religious Right groups were staking out the position that a gay nominee would not necessarily warrant their opposition:

In a move that will surprise gay activists and liberals, a spokesperson for Focus on the Family, a top religious right group, tells me that his organization has no problem with GOP Senator Jeff Sessions‘ claim today that he’s open to a Supreme Court nominee with “gay tendencies.”

The spokesperson confirms the group won’t oppose a gay SCOTUS nominee over sexual orientation.

“We agree with Senator Sessions,” Bruce Hausknecht, a spokesperson for Focus on the Family, which was founded by top religious right figure James Dobson, told me a few minutes ago. “The issue is not their sexual orientation. It’s whether they are a good judge or not.”

Their sexual orientation “should never come up,” he continued. “It’s not even pertinent to the equation.”

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“Our concern at the Supreme Court is judicial philosophy,” FOF spokesperson Hausknecht continued. “Sexual orientation only becomes an issue if it effects their judging.” For example, he said, “If someone says, `I don’t care what the law says, on the next case involving sexual orientation, I’m going to decide the case in favor of the openly gay party,’ that would be a breach of judicial duty.”

Contrast that with the "clarification" Focus on the Family's Tom Minnery gave today to Peter LaBarbera:

“It has been reported that we would not oppose any U.S. Supreme Court nominee over their ’sexual orientation.’ Our Judicial Analyst [Bruce Hausknecht] made a statement to this effect in an interview with The Plum Line. To be honest, this is one of those conversations we’d like to ‘do over.’ We can assure you that we recognize that homosexual behavior is a sin and does not reflect God’s created intent and desire for humanity. Further, we at Focus do affirm that character and moral rectitude should be key considerations in appointing members of the judiciary, especially in the case of the highest court in the land. Sexual behavior–be it heterosexual or homosexual–certainly lies at the heart of personal morality.”

Greg Sargent, to whom Hausknecht gave the above statement last year, understandably wanted to find out why Focus was suddenly backtracking, but Minnery inists that the group is doing nothing of the sort - it's just that Hausknecht got it wrong last time

“I don’t think it’s correct to say we’re backtracking,” he told me. “We didn’t get it right the first time.”

Asked if the new statement meant that being homosexual is a deal-breaker, Minnery replied: “Someone who is a practicing homosexual is a non starter for the group.” Asked if this was the case no matter what the person’s views, he replied: “That’s correct.”

A year ago, Focus on the Family said that a SCOTUS nominee's sexual orientation was "not even pertinent" to the question of whether they were qualified for the court. 

Today, Focus on the Family says that gays are sinners and immoral and the idea of not opposing a "practicing homosexual is a non starter," based solely on their sexual orientation.

All the while insisting that the group is not "backtracking."

Conservative Action Project: A New Name For the Same Old Right-Wing Agenda

Several months ago, I wrote a post noting the emergence of the new right-wing coalition calling itself that Conservative Action Project. At the time, all that I could figure out about it was that its membership included several Religious Right leaders and it seemed to operate out of the Council for National Policy.

Today, the Washington Post examines the role that new media is playing in shaping and disseminating conservative messaging throughout the right-wing echo chamber and reports that the Conservative Action Project is playing a a key role in that effort through the weekly meetings hosted by the Family Research Council:

Inside the Beltway, much of it is fueled by the Conservative Action Project (CAP), a new group of conservative leaders chaired by Reagan-era attorney general Edwin Meese III. CAP, whose influential memos "for the movement" circulate on Capitol Hill, is an offshoot of the Council for National Policy, a highly secretive organization of conservative leaders and donors.

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At 7:30 a.m., members of the Conservative Action Project gather at the Family Research Council, a social conservative group.

CAP grew out of a series of meetings of conservatives, determined to engineer a political comeback, in the weeks after Obama's election. One took place during a Council for National Policy meeting at a D.C. hotel, conservatives said. The secretive council was formed in the early 1980s to coordinate what was then called the "New Right."

Key players in CAP, members said, include Republican pollster Kellyanne Conway; Greg Mueller, president of CRC Public Relations; and former congressman David M. McIntosh (R-Ind.). Its only paid staff member is Patrick Pizzella, an official in the George W. Bush administration, who works out of the Council for National Policy offices.

Among CAP's projects was supporting the Health Care Freedom Coalition, whose more than 50 economic and social conservative groups quietly built health-care opposition, CAP members said. The coalition is a spinoff of FreedomWorks, the D.C.-based group that works extensively with tea-party activists.

CAP also worked unsuccessfully to defeat David F. Hamilton, Obama's first appellate judicial nominee. A Nov. 9 CAP memo calling Hamilton "an ideologue first and a jurist second" helped trigger blog blasts from Erickson and an anti-Hamilton speech at the conservative Federalist Society by Sen. Jeff Sessions (Ala.), the ranking Judiciary Committee Republican.

Sen. Sessions' Newfound Love For the Filibuster

Back in 2005, when the Gang of 14 came together to thwart the Senate Republican majority's efforts to end the use of the filibuster against President Bush's judicial nominees, Sen. Jeff Sessions could barely hide his disappointment that he and his Republican colleagues did not get the chance to deploy the "nuclear option":

I am disappointed that this agreement did not provide the other nominees the right to a vote. I was prepared to support the Constitutional option, because these systematic filibusters amounted to an affront to the Constitution and could not be allowed to stand. I hope that all nominees will now receive fair treatment in this body and that the character assassinations and filibusters will disappear.

But now times have changed and Sessions is writing op-eds in the Washington Post saying that for Republicans not to filibuster President Obama's nominees would amount to "unilateral disarmament":

To be clear, I believe that the president is entitled to a reasonable degree of deference on his judicial nominations. I supported more than 90 percent of President Bill Clinton's judicial nominees, and I hope I am able to do the same for President Obama, even if they would not be my top choices.

But I take seriously the Senate's constitutionally mandated role to "advise and consent," and I am obligated to oppose nominees who have demonstrated either an unwillingness to subordinate themselves to the Constitution or a desire to advance a political, social or economic agenda from the bench.

This year, a number of my colleagues and I have voted against just three judicial nominees, including Justice Sonia Sotomayor. Only in the case of Judge Hamilton have we raised a procedural objection to Majority Leader Harry Reid's desire to proceed to a vote.

For Republicans to ignore the changed rules would be to acquiesce in a system where 60 votes are needed to confirm judges nominated by Republicans, but only 51 are required to confirm judges nominated by Democrats. To allow such a double standard would be akin to unilateral disarmament.

So Sessions hated the filibuster when it was being used against President Bush's nominees and wanted to get rid of it entirely, but was unable to do so due to an agreement among a handful of Senators, and now he is that it would be irresponsible for him not to launch filibusters against President Obama's nominees, despite saying just a few years back that he hoped that "filibusters will disappear"?

And for the record, Sessions' claim that he's "voted against just three" of Obama's judicial nominees means that he's voted against fully 30% of Obama nominees ... that would be akin a Democratic  senator having voted against nearly 100 [PDF] of President Bush's judicial nominees.

The "Extraordinary Circumstances" Of The McCain, Graham Filibuster Vote

It came as no surprise when Republicans attempted to filibuster the nomination of David Hamilton to the 7th Circuit Court of Appeals yesterday considering that Sen. Jeff Sessions announced weeks ago that he intended to do so, depsite having opposed the use of the filibuster against judicial nominees when President Bush was in office. Sessions' effort was supported by a gaggle of right-wing activists who likewise opposed the filibuster when it was used against Bush's nominees, but suddenly abandoned their supposedly deeply-help and principled opposition to this sort of "unconstitutional" use of the filibuster. 

But most surprisingly about the vote, which failed 70-29, was that two Republican members of the so-called "Gang of 14" which worked out an agreement to prevent Senate Republicans from deploying the "nuclear option" back in 2005 joined Sessions and other Republicans in trying to filibuster Hamilton: John McCain and Lindsey Graham.

The Gang of 14 agreement stated:

Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should be filibustered only under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

And when it was announced, Graham hailed it as a significant step in ending the use of the filibuster against judicial nominees:

"The American people won tonight. The Senate is back in business. And I truly believe future judicial nominees will be treated better because of this agreement."

"The agreement allows up or down votes on deserving nominees and gives the Senate a chance to start over regarding future nominees. It's my hope both sides have learned from their mistakes and we can get back to the traditional way of doing business when it comes to judges.

"One of the major elements of the deal makes clear that if one of my seven Democratic colleagues decides to filibuster in the future because of an "extraordinary circumstance," I retain the right to vote for a rules change. It's my hope we never get to that point.

"With better communication and a spirit of putting the country ahead of ourselves, I believe we can avoid future filibusters.

McCain likewise praised the agreement:

I feel the long-term implications are that if this succeeds, then perhaps we will see other coalitions, not necessarily this one but other coalitions, that will join together and try to work for the good of the country. I don't believe that of the 14 of us that any of us had any other ambition than to try to prevent the Senate from going over a precipice.

Apparently McCain and Graham joined the Gang of 14 in order to prevent Senate Republicans from nuking the filibuster while ensuring the confirmation of several of President Bush's most controversial nominees ... just so they could try to use the filibuster against President Obama's very first Circuit Court nominee.

What exactly were the "extraordinary circumstances" in the Hamilton nomination that compelled Graham and McCain to attempt a filibuster after participating in and praising the Gang of 14 agreement as a way for the Senate to "avoid future filibusters"?

Awaiting Red State's Next Spin-Off: Filibuster Them

I guess it should come as no surprise that Erick Erickson of Red State is leading the crusade urging Senate Republicans to filibuster David Hamilton's nomination:

Senator Jeff Sessions is calling on his colleagues to filibuster Judge David Hamilton. Go here and call your Senator. Tell your Senator to oppose cloture on David Hamilton and filibuster his nomination to the 7th Circuit Court of Appeals.

At this point, seemingly everyone on the Right who, just a few years ago, was railing against the "unconstitutional" filibuster of judicial nominees has suddenly changed their tune now that President Obama is in office.

But it is especially interesting to note that Erickson is on board, considering that back in 2005 or so, Erickson's Red State spun off a website dedicated entirely to defending President Bush's judicial nominees.

Its name? Confirm Them.

Not surprisingly, the site is now dead ... just like their principled opposition to the use of the filibuster.

Sessions Seeks To Filibuster David Hamilton, Leave Him In "Unconscionable Limbo"

Back in March, President Obama nominated David Hamilton to a seat on the 7th Circuit Court of Appeals and immediately the Right set about trying to kill his nomination. They failed and Hamilton was voted out of the Senate Judiciary Committee in June and has since been waiting for a confirmation vote on the Senate floor. 

And if Sen. Jeff Sessions gets his way, Hamilton won't ever get one, as Sessions is trying to round up support for a filibuster of his nomination by sending around a letter [PDF] to his colleagues laying out his opposition to the nomination which concludes with this telling choice of language:

This is not the type of service that should be rewarded with a promotion. Indeed, this is one of those extraordinary circumstances where the President should be informed that his nominee is not qualified. [emphasis added]'

Back in 2005 when the Gang of 14 sought to prevent Republicans in the Senate from deploying the "nuclear option" by doing away with the use of the filibuster on nominations altogether, seven members of each party agreed that they would only support future filibusters under, you guessed it, "extraordinary circumstances": 

Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should be filibustered only under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

Hamilton was literally the very first judicial nomination made by President Obama and he has the support of his home state senator, Richard Lugar ... but Sessions seeks to prevent an up-or-down vote on his nomination, which is quite a change from what he was saying back when President Bush was still in office:

I have stated over and over again on this floor that I would refuse to put an anonymous hold on a judge; that I would object and fight against any filibuster on a judge, whether it is somebody I opposed or supported; that I felt the Senate should do its duty. If we don't like somebody the President nominates, vote him or her up or down. But don't hold them in this anonymous unconscionable limbo...

UPDATE: The above quote attributed to Sen. Sessions was actually Sessions quoting Sen. Leahy, though the context of the entire quote still makes clear that Sen. Sessions opposed the use of the filibuster against judicial nominations: 

But this delay makes a mockery of the Constitution, makes a mockery of the fact that we are here working, and makes a mockery of the lives of the very sincere people who have put themselves forward to be judges and then they hang out here in limbo. Senator Leahy, now leading the filibuster, was on the floor talking about that. Back when the Clinton administration was submitting judges, he said:

I have had judicial nominations by both Democrat and Republican Presidents that I intended to oppose. But I fought like mad to make sure they at least got a chance to be on the floor for a vote. I have stated over and over again on this floor that I would refuse to put an anonymous hold on a judge; that I would object and fight against any filibuster on a judge, whether it is somebody I opposed or supported; that I felt the Senate should do its duty. If we don't like somebody the President nominates, vote him or her up or down. But don't hold them in this anonymous unconscionable limbo. .....

Well, I see Chairman Hatch is here. I know the time is a bit drawn. Chairman Hatch and the Republican leadership have been consistent on this issue, even when it was not to their political benefit to do so. We have opposed the idea of filibusters and have not supported it. The Democrats oppose them when it is convenient and support them when it is convenient. I think their position is untenable as a matter of principle and as a matter of public policy, and our country will not be better off for filibustering judges.

As do other previous quotes from Sen. Sessions:

Of the many reasons why we shouldn't have a filibuster, an important one is the Article I of the Constitution. It says the Senate shall advise and consent on treaties by a two-thirds vote, and simply "shall advise and consent" on nominations.

Historically, we have understood that provision to mean--and I think there is no doubt the Founders understood that to mean--that a treaty confirmation requires a two-thirds vote, but confirmation of a judicial nomination requires only a simple majority vote. That is why we have never had a filibuster. People on both sides of the aisle have understood it to be wrong. They have understood it to be in violation of the Constitution.

...

I think the American people are getting engaged, and they are telling us "we are tired of obstructionism," "we are tired of delays," and "we believe these nominees deserve an up-and-down vote." I could not agree more.

Right Wing Round-Up

  • Several progressive groups have joined a letter voicing opposition to several amendments offered by Senator Jeff Sessions to the hate crimes legislation.
  • Lou Dobbs sure does seem to be dedicating a lot of time to the Birthers and their claims.
  • On a related note, David Weigel continues his excellent coverage of the issue, pointing out how it is starting to dog Republicans.
  • Chris Rodda takes up Rep. Randy Forbes' challenge to debate his "spiritual heritage week" resolution.
  • Steve Benen notes that Gov. Mark Sanford wants to make it known that he is really, really sorry for going AWOL for several days and having an affair.
  • Alan Colmes: Free Republic Founder Calls For Peaceful Overthrow Of US Government.
  • Finally, Jim Burroway reports that Lou Engle and Charlotte, North Carolina-based pastor Michael Brown are teaming up to bring in thousands of volunteers to overwhelm this year's Charlotte Pride event.

Right Wing Round-Up

  • Jim DeMint continues his crusade to establish himself as the most ridiculous member of the Senate by proclaiming that the coup that removed Honduran President Manuel Zelaya’s from office was no different "than was Gerald Ford’s ascendence to the Oval Office or our newest colleague Al Franken’s election to the Senate" and that the United States is currently "about where Germany was before World War II where they became a social democracy."
  • The details of Sen. John Ensign's affair and attempted cover-up are looking worse by the day.
  • Good As You catches the Family Research Council trying to spin a new poll so that it seemed that same-sex marriage was destroying New Hampshire Gov. John Lynch's approval rating.
  • Kathleen Reeves of RH Reality Check explains that while Jill Stanek wants to end abortion, she's not at all interested in finding ways to reduce unplanned pregnancies so as to eliminate the need for abortion.
  • Crooks and Liars reports that Fox and Friends got itself all worked up over something it read off the Christian Newswire and then predictably set out to turn it into a "controversy" by reporting only the religious right's spin of the event.
  • Finally, a group of 25 leading Latino organizations sent a letter to Sen. Jeff Sessions slamming his questionable attacks on LatinoJustice PRLDEF and Sonia Sotomayor while Ian Millhiser explains how several anti-gay groups are attacking Judge Sotomayor for her decision in a case brought by an anti-gay pastor — even though Sotomayor ruled in the pastor’s favor.

Miranda Set To Issue More Demands

Just yesterday I wrote a post about the fact that Manuel Miranda seems to think that the time-line for a vote on Sonia Sotomayor's nomination to the Supreme Court should be determined primarily by ... well, Manuel Miranda.

Today, CQ reports that Miranda and his Third Branch Conference will be sending a letter to Senators tomorrow demanding that any debate and vote on the nomination be held off until after the August recess:

The Third Branch Conference will send a letter to senators Friday asking that debate on Sotomayor's nomination be postponed until September, said the group's leader, Manuel Miranda.

"It would be a failure of leadership to allow a confirmation vote before the August recess," Miranda said Thursday.

Asked about the idea Thursday, Jeff Sessions, the top Republican on the Senate Judiciary Committee said, "I haven't given that any thought. Obviously they're trying to rush this through."

But Majority Whip Richard J. Durbin, D-Ill., who serves on the Judiciary Committee told reporters the confirmation schedule will not slip into September.

Miranda said the focus should be on trying to push back the floor vote rather than Sotomayor's confirmation hearing scheduled to begin in the Senate Judiciary Committee on July 13.

"I'm afraid the postponed hearing will be the basis for a barter," Miranda said, in which Republicans would agree to a floor vote prior to the August recess.

Despite Miranda's claim that they would never engage in an "obstructive filibuster" of Sotomayor's nomination, you can already see them plotting to do just that by incessantly issuing demands that, are they not met, they can use to justify to filibuster or otherwise obstruct the confirmation process.

The Hill has more on this "not-a-filibuster" effort to filibuster Sotomayor's nomination:

A coalition of more than 100 conservative activists have called on Senate Republicans to delay a final vote on Supreme Court nominee Sonia Sotomayor until the fall.

A group of conservatives have called on Senate Republicans to use every tactic at their disposal to hold up Sotomayor’s confirmation until September.

“The confirmation debate and the final vote should occur is September and Republicans should ensure that happens, to allow the American people to engage in this debate,” said Manuel Miranda, chairman of the Third Branch Conference, which includes groups such as the American Conservative Union, Americans for Tax Reform, Focus on the Family and Concerned Women for America.

The Third Branch Conference polled its members in recent days and found unanimous desire among more than 100 conservative activists and leaders to press Senate Republicans for a delay.

“This issue is bigger than partisan politics; some of the statements Sotomayor has made should be of concern to everybody,” said Mario Diaz, policy director of legal issues for Concerned Women for America.

Members of the coalition will begin contacting and writing letters to Senate Republicans on Friday.

...

Miranda argued that Republicans could delay the nomination by refusing to participate in a vote to move Sotomayor to the Senate floor.

Rule IV of the Judiciary Committee states that at least one member of the minority party must vote to cut off debate in committee.

Right Wing Round-Up

  • Steve Benen is not overly impressed with Newt Gingrich's "apology" for calling Sonia Sotomayor "racist."
  • On a related note, Greg Sargent reports that Rush Limbaugh says he's not retracting any of the things that he has said about her.
  • Media Matters says the media is ignoring Sen. Jeff Sessions' double standard on timing of Sotomayor's confirmation hearing.
  • I'm late in linking to this post by Autumn Sandeen over at Pam's House Blend regarding Mission America's founder Linda Harvey's over-the-top response to news that Kevin Jennings has been tapped as the Department of Education Office of Safe and Drug-Free Schools' deputy secretary.
  • As Good As You notes, I doubt this was the result that OneNewsNow had in mind when it put up its latest on-line poll.

Just The Sort of Conservatives The Right Had In Mind

For the last several weeks, Jeremy at Good As You has been keeping a running list of the right-wing groups and figures who have equated homosexuality with pedophilia in opposing marriage equality or hate crimes legislation.

To that list, he can now add William Smith. Who's William Smith, you ask. We'll let David Ingram at the Legal Times blog explain it:

The new chief Republican counsel for the Senate Judiciary Committee wrote a blog post last month in which he linked same-sex marriage to pedophilia, according to a Web site that has since been taken down.

William Smith’s post responded to a recent speech by Steve Schmidt, a Republican campaign consultant who advised Sen. John McCain’s presidential campaign. Speaking in Washington to the Log Cabin Republicans, a gay rights group, Schmidt had urged Republicans to support same-sex marriage.

“I wonder if next week Schmidt will take his close minded stump speech to a NAMBLA meeting. For those unfamiliar with NAMBLA, the acronym is for North American Man Boy Love Association,” Smith responded on wsmith.org in a post dated April 20.

Sen. Jeff Sessions (R-Ala.) announced Smith as chief counsel May 13, after Sessions replaced Sen. Arlen Specter of Pennsylvania as the top Republican on the Judiciary Committee. Sessions named three other lawyers to top positions as part of a sweep of Specter’s former committee staff.

Smith’s Web site is no longer visible, though Google has kept a “cached,” or archived, version of the site. It was visible earlier this month. The mailing address, e-mail address, and phone number on the Web site’s domain name registration match the address and phone number on Smith’s Alabama bar registration.

...

Smith’s post continued:

Schmidt would quickly tell you that he is not advocating that we support 60 year old men in their desire to rape 8 year old boys, but he would not classify his opposition as narrow minded. No! This is a principled position; there is some logic behind it, Schmidt would say.

Is Schmidt then going to take his close minded stump speech to the Bestiality Club? Again, his answer would be no, although there are a group of people who embrace this lifestyle.

Schmidt and other gay lifestyle proponents would say that my opposition is based on the slippery slope approach. I say that it is based on principle and that it is no more close minded than their position for gay unions. The difference between me and Schmidt is that I’m not a maverick. I’m guided by something called Christian principles. And I don’t need people in California, New York and Washington to tell me what the principles should be.

Not long ago, we noted that Religious Right groups were overjoyed that Sessions had been chosen to serve as ranking Republican on the Senate Judiciary Committee because, as Jay Sekulow put it, "he will bring in some conservative staff."

Presumably, Smith was just the sort of conservative they had in mind.

Is the Right Comfortable With a Gay SCOUTS Nominee? Yes and No ... But Mostly No

As I noted in today's SCOTUS round-up, a lot of the discussion about the next Supreme Court nominee at the moment seems to be focusing on how Republicans and their Religious Right allies would respond to a nominee who was gay.  

This entire discussion stems from the fact that Sen. Jeff Sessions stated that a nominee's homosexuality would not be "an automatic disqualification" ... so hooray for progress.

But while Sessions was recently saying that gays or those with "gay tendencies" aren't "automatically disqualified" from being a Supreme Court justice, he is now back-tracking, saying a gay nominee "would be a big concern that the American people might feel [uneasy about.]"

Of course, others have no need to back-track in this manner because they have already declared that a gay nominee would be unacceptable, with Harry Jackson saying it would be "tantamount to opening the gate for the other side" and Matt Barber proclaiming that "it's hard to believe we're even having a conversation about whether a sitting United States president will count deviant sexual behavior as a favorable qualification in determining a nomination to the highest court of the land."

And then there are those simply stating that a gay nominee might be a "bridge too far," whatever that is supposed to mean.

In essence, the Right's response to this question has been to declare that while a gay nominee would not be opposed solely because of their sexuality, they would still be opposed if their sexuality makes them incapable of being objective.  As Bruce Hausknecht of Focus on the Family put it: "sexual orientation only becomes an issue if it affects their judging."

This point was echoed by Peter Sprigg of the Family Research Council who, just a few years ago, was saying that "homosexuality is [not the] kind of cultural identity that should be sought in a judge," but is now saying that a nominee who was gay would be opposed because they wouldn't be able to remain objective when deciding gay-related issues:

Peter Sprigg, a senior fellow at the conservative Family Research Council, says that "the real issue would not be the person's private life but the issue would be would they be imposing their personal ideology upon the court. In this case would they be imposing a pro homosexual ideology, a pro-same sex marriage ideology."

Today, Greg Sargent followed up with the Family Research Council for an explanation of just what this means and here is what he was told:

Now a second top religious right organization, Tony Perkins’ Family Research Council, is declaring something similar — it’s a shift in emphasis from its harder-line stance against gay judges two years ago, and another sign of the changing times.

To be sure, the group is hedging a bit. Its position : Being gay would not in and of itself rule out getting the group’s support, though having a “pro-gay ideology” would.

“We don’t think that the process of selecting a Supreme Court justice should include asking questions about a person’s personal sex life,” Peter Sprigg, senior fellow at the Family Research Council, told me moments ago.

“But if a person does publicly identify as gay or lesbian, or particularly if a person has been involved with homosexual rights activism at any level, then there would have to be serious questions asked about whether he or she would impose a pro-gay ideology on the court.”

Let's apply the test I have been using to explain hate crimes protections in my recent posts whereby we replace references to gays with references to Christians, and apply it to this statement to see if it stands up to scrutiny:

Being CHRISTIAN would not in and of itself rule out getting the group’s support, though having a “pro-CHRISTIAN ideology” would.

“We don’t think that the process of selecting a Supreme Court justice should include asking questions about a person’s personal RELIGIOUS life,” Peter Sprigg, senior fellow at the Family Research Council, told me moments ago.

“But if a person does publicly identify as CHRISTIAN, or particularly if a person has been involved with CHRISTIAN activism at any level, then there would have to be serious questions asked about whether he or she would impose a CHRISTIAN ideology on the court.”

How do you imagine the Religious Right would respond to that sort of statement?

SCOTUS Round-Up: A Gay Nominee?

Jan Crawford Greenburg reports:

The White House has formalized its short list of Supreme Court contenders and asked six prospects to provide personal background information, with an intensive vetting process well underway, according to sources close to the process.

The leading contenders on the short list: federal appeals court Judges Sonia Sotomayor and Diane Wood, and Solicitor General Elena Kagan, sources close to the process say.

Meanwhile the Washington Post notes that, unlike the last time around, right-wing groups are going to find themselves in the role of the underdog during the next Supreme Court battle:

Conservative groups concede that they have little chance of derailing Obama's choice, barring a scandal. But Supreme Court nominations have long been a rallying point and a fundraising opportunity for interest groups, particularly on the right. And now, at a time of ideological drift among Republicans, a loose coalition of conservative organizations has begun mapping strategies.

The goal, they say, is to fire up supporters and shake up the debate in the Democratic-controlled Senate, in part as preparation for other court fights to come.

Just hours after news of Souter's retirement broke last week, more than four dozen conservative activists hastily put together a conference call to plot their attack. Among other things, they divvied up the jobs of conducting background research on potential candidates, such as Solicitor General Elena Kagan and U.S. Court of Appeals Judge Sonia Sotomayor.

The Committee for Justice and other organizations have issued new fundraising appeals. The Family Research Council, along with other abortion foes, is gearing up to oppose a nominee who, like Obama, is likely to favor abortion rights. The National Rifle Association says it will examine Obama's choice in light of the high court's recent ruling weakening gun laws in the District.

"There's no question the political landscape is different," said Jay Sekulow, chief counsel for the American Center for Law and Justice, a conservative legal group. "But the conservatives are not lying down here and just saying, 'Let's give up.' We want real hearings and real debate."

But it seems like most of the talk at the moment is about just how the Religious Right would respond to a nominee who is gay, with many of them suggesting that they won't make it an issue:

In a move that will surprise gay activists and liberals, a spokesperson for Focus on the Family, a top religious right group, tells me that his organization has no problem with GOP Senator Jeff Sessions‘ claim today that he’s open to a Supreme Court nominee with “gay tendencies.”

The spokesperson confirms the group won’t oppose a gay SCOTUS nominee over sexual orientation.

“We agree with Senator Sessions,” Bruce Hausknecht, a spokesperson for Focus on the Family, which was founded by top religious right figure James Dobson, told me a few minutes ago. “The issue is not their sexual orientation. It’s whether they are a good judge or not.”

Their sexual orientation “should never come up,” he continued. “It’s not even pertinent to the equation.”

...

“Our concern at the Supreme Court is judicial philosophy,” FOF spokesperson Hausknecht continued. “Sexual orientation only becomes an issue if it effects their judging.” For example, he said, “If someone says, `I don’t care what the law says, on the next case involving sexual orientation, I’m going to decide the case in favor of the openly gay party,’ that would be a breach of judicial duty.”

Jake Tapper asked the Family Research Coucil, which gave a similar answer:

Peter Sprigg, a senior fellow at the conservative Family Research Council, says that "the real issue would not be the person's private life but the issue would be would they be imposing their personal ideology upon the court. In this case would they be imposing a pro homosexual ideology, a pro-same sex marriage ideology."

But, as Josh Gerstein points out, that was not what Sprigg was saying back in 2006:

"We don't accept that homosexuality is any kind of cultural identity that should be sought in a judge," FRC's Peter Sprigg told the paper back then. "We think it's a behavior, not something that should be held up as a role model."

Of course, while groups like Focus on the Family and the Family Research Council are trying to sound tolerant and fair-minded, there are also people like Matt Barber of Liberty Counsel who have no interest in that sort of thing:

Matt Barber is a spokesperson with Liberty Counsel. "Well, in light of this nation's undeniable Christian heritage, it's hard to believe we're even having a conversation about whether a sitting United States president will count deviant sexual behavior as a favorable qualification in determining a nomination to the highest court of the land," he says.

Right Wing Round-Up

  • Pam posts an absurdly long fund-raising email from Rick Santorum on behalf of the National Organization for Marriage.
  • Think Progress catches Sen. Lindsey Graham saying that he hopes his Democratic colleagues aren't "going to let the bloggers run the country." What on earth is that is supposed to mean?
  • As Daily Kos notes, the chance Eric Cantor had of becoming John McCain's running mate was essentially zero.
  • Pastor Dan says young Americans are losing their religion and he blames the Religious Right.
  • Like Jonathan Chait, I'm still trying to figure out what exactly Jeff Sessions meant when he said he wouldn't necessarily oppose a Supreme Court justice who had "gay tendencies."
  • Finally, David Brody has a good interview with Harry Knox about hate crimes legislation.
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Jeff Sessions Posts Archive

Kyle Mantyla, Saturday 12/18/2010, 3:40pm
Today, the Senate voted 63-33 to invoke cloture and bring the repeal of Don't Ask, Don't Tell to a final vote later today.  With repeal of DADT all but a foregone conclusion, the Religious Right has begun releasing statements which we are going to chronicle here as they come it. And judging by the early statements from the likes of Bryan Fischer of the American Family Association, this vote is literally going to mean the end of America: We are now stuck with sexual deviants serving openly in the U.S. military because of turncoat Republican senators ... Had the cloture vote failed,... MORE >
Kyle Mantyla, Wednesday 08/04/2010, 3:13pm
It seems that the closer Elena Kagan gets to being confirmed to the Supreme Court, the weaker the Right's case for opposing her becomes and, as such, the more desperate their campaign becomes. While Phyllis Schlafly is warning that Kagan is part of President Obama's plan to "break free from our Constitution" and "fundamentally transform America," others, like Robert Knight, are going completely off the rails: As we watch in disbelief, the United States Senate is about to take the Fifth on a Supreme Court nominee who has no business being near a courtroom except as a... MORE >
Kyle Mantyla, Friday 06/25/2010, 5:10pm
Yesterday I posted a press release from Rabbi Yehuda Levin claiming that if Elena Kagan is confirmed to the Supreme Court, she will issue "extremist decisions" from the bench that will, in turn, unleash a "backlash" of anti-Semitic violence across the nation to sweep the nation. As such, Kagan's confirmation represents an "existential threat" to Jews in America and she therefore must be defeated. Now obviously, that is insane.  But, as Media Matters notes, apparently not too insane for CNSNews to pick it up and turn it into an article.  And not... MORE >
Kyle Mantyla, Wednesday 06/23/2010, 9:44am
Because the Right has very little ammunition against Elena Kagan heading into her confirmation hearings next week, they have been desperately trying to make up "controversies" that they can try to use against her. Which is why a donation made by Saudi Prince Al-Waleed bin Talal to Harvard University to establish an Islamic Studies program at the time that Kagan was Dean of Harvard Law School has been transformed into a right-wing claim that Kagan supports Sharia Law and "the enemy" while hating our troops.  So I guess it was only a matter of time until we started... MORE >
Kyle Mantyla, Monday 06/07/2010, 5:56pm
Details: Deliverance: The True Story of a Gay Exorcism. Alan Colmes: Christian Fundamentalists Believe Oil Spill Heralds The Apocalypse. Media Matters: Rush sub Williams links earthquake fatalities in Haiti to lack of private property rights. Wonk Room: Anatomy Of A Smear: From The Federalist Society, To CBS, To Jeff Sessions. Joe.My.God: NOM Spends $200K To Support Anti-Gay Candidates In California. Steve Benen: The GOP Drive to Use The Green Party. Jim Burroway: Did FRC Lie To Congress About the Ugandan “Kill-The-Gays” Bill... MORE >
Kyle Mantyla, Thursday 04/29/2010, 11:07am
Sen. Jeff Sessions has already made it abundantly clear that he intends to oppose pretty much anyone that President Obama nominates to replace Justice John Paul Stevens on the Supreme Court, and he keeps coming up with new reasons why, despite the fact that Obama has not even made the announcement yet.  But I have to say that his latest justification is rather remarkable, as he is now accusing Obama of seeking a nominee who has no respect for the Constitution and who sees it merely as an "inconvenience" to be sidetracked ... just as Obama does:  Sen. Jeff Sessions says... MORE >
Kyle Mantyla, Wednesday 04/14/2010, 5:11pm
As we noted in our earlier post, before President Obama named his nominee to replace Justice David Souter on the Supreme Court, Religious Right groups were staking out the position that a gay nominee would not necessarily warrant their opposition: In a move that will surprise gay activists and liberals, a spokesperson for Focus on the Family, a top religious right group, tells me that his organization has no problem with GOP Senator Jeff Sessions‘ claim today that he’s open to a Supreme Court nominee with “gay tendencies.” The spokesperson confirms the group won... MORE >
Kyle Mantyla, Monday 02/01/2010, 1:13pm
Several months ago, I wrote a post noting the emergence of the new right-wing coalition calling itself that Conservative Action Project. At the time, all that I could figure out about it was that its membership included several Religious Right leaders and it seemed to operate out of the Council for National Policy. Today, the Washington Post examines the role that new media is playing in shaping and disseminating conservative messaging throughout the right-wing echo chamber and reports that the Conservative Action Project is playing a a key role in that effort through the weekly... MORE >