New Jersey

A few weeks ago, a New Jersey public school teacher named Viki Knox objected to a display honoring Lesbian Gay Bisexual Transgender History Month by posting a message on her Facebook page calling homosexuality a "perverted spirit" and a sin that "breeds like cancer" and wanting to know why gays think they can "parade your unnatural immoral behaviors before the rest of us?"

Needless to say, this set off a huge controversy and yesterday, when New Jersey Governor Chris Christie was asked about it, he said he was concerned about it and found the comments "disturbing."

In response to Christie's comments, Bryan Fischer announced the creation of something he is calling the "American Association of Religious Bigots" and declared Gov. Christie its "charter member":

I announce today the formation of the American Association of Religious Bigots, the AARB for short.

The AARB will consist of individuals and groups in America who demonstrate that they are Christophobic bigots and hatemongers by their opposition to the free exercise of religion, speech, press or association for followers of Christianity, a religion the Founders were specifically protecting by the First Amendment.

Our charter member is New Jersey Gov. Chris Christie, who yesterday publicly criticized a New Jersey teacher who criticized her public school’s promotion of sexually aberrant behavior. She exercised both her freedom of religion and speech by posting her comments on her own Facebook page.

This Christian teacher expressed her opposition to the school’s celebration of gay, lesbian, bisexual and transgender history by correctly labeling such behaviors as “perverted.” That may sound harsh, but consider the dictionary definition of “perverted:” “Characterized by sexually abnormal and unacceptable practices or tendencies.” So her assessment is not harsh, it’s just true.

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Well, governor, consider me concerned about the “kinds of statements” you’re making. You are the chief executive officer of your state, and for you to use the power of your office as an instrument of religious bigotry is unacceptable.

So Gov. Christie is joining with those calling for her head by saying her comments are “disturbing.” That makes Gov. Chris Christie a religious bigot, someone who wants this teacher punished for expressing her sincerely held religious views. Thus the governor becomes the officially certified charter member of the AARB, officially certified by yours truly and the Focal Point radio program.

Fischer is, of course, trying to be sarcastic ... which is sadly ironic because if there really was an American Association of Religious Bigots, Fischer himself would be its charter member:

As we have said several times before: Bryan Fischer is a lot of things, but self-aware is not one of them.

For 63 years, not one sitting New Jersey Supreme Court Justice who had sought to be re-appointed by the Governor had been refused ... until Gov. Chris Christie took office and decided to replace Justice John Wallace with a Republican nominee of his own.

That move did not sit well with the Democrats in the state Senate who announced that they would refuse to even consider confirming Christie's nominee, leading Chief Justice Stuart Rabner to appoint a senior judge of the appellate division to serve as a temporary justice in order to fill the vacant seventh seat.

And everything seemed fine until Justice Roberto Rivera-Soto, whose term expires in 2011, discovered an article from The Federalist Society [PDF] claiming that allowing the Chief Justice to fill this vacant seat is unconstitutional.

And now, inspired by this article, Rivera-Soto announced that he will refuse to participate in any more decisions because the current make-up of the court is unconstitutional:

In an unexpected action that rocked New Jersey's legal community Friday, New Jersey Supreme Court Justice Roberto A. Rivera-Soto declared he will abstain from the high court's decisions because he maintains Chief Justice Stuart Rabner did not have the constitutional power to appoint Judge Edwin Stern to temporarily fill a vacant seat on the seven-member panel.

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In two routine decision made public Friday, Rivera-Soto stated it was not necessary to appoint a temporary justice, and that he is abstaining from decisions because the court's current makeup is unconstitutional. He argued that only the governor has the power to appoint a justice.

"The assignment of a Superior Court judge to serve on this court to fill a vacancy resulting from a political impasse between the executive and the legislative branches thrusts the judiciary into that political thicket, all the while improperly advancing one side's views in preference over the other's," Rivera-Soto wrote. "The Constitution, sober and reflective court practice, and everyday common sense each counsels against the foolhardy steps the court today takes."

Democrats in the state Senate are now demanding that Rivera-Soto resign from the court, accusing him of waging this stunt in an attempt to curry favor with Gov. Christie in hopes of being re-appointed when his term expires:

"Today's dissent from Justice Rivera-Soto shows contempt for the law, disregard for his fellow jurists and utter disdain for the right of New Jerseyans to have their cases heard by a full Court," [Senate President Stephen M.] Sweeney said. "It officially cements his place as the worst and most ethically challenged justice in the history of the modern judiciary.

"If he is so disinterested in fulfilling his constitutional duties, then he should step down and let the governor nominate and the Senate confirm a new justice who will actually participate in court matters," Sweeney said. "It's very telling that not one of his colleagues — nor any other jurist since 1947 — would agree with his cynical, transparent and politically motivated temper tantrum, which is either a hail-Mary attempt to curry favor among conservatives to save his own reappointment or an effort to undercut the state Supreme Court's authority on the eve of legislative redistricting.

"This isn't the first mistake Rivera-Soto's made since joining the Court, but it should be his last," Sweeney added.

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Sen. Nicholas P. Scutari (D-Union) chairman of the Senate Judiciary Committee, also called on Rivera-Soto to resign.

"Justice Rivera-Soto's outright refusal to perform his judicial duties demonstrates a complete disregard for the position he holds and for the residents of this state," Scutari said. "The timing of his move is suspect. With his reappointment around the corner, this smacks of a desperate attempt to distract from his ethical lapses and grab the attention of right wing pundits who share a disdain for the court. This is an act of true arrogance. He is making an absolute mockery of the judiciary, and is clearly no longer fit to serve on the court. He should immediately step down."

The Religious Right looks to Maggie Gallagher and Robert George for intellectual cover when arguing that same-sex couples shouldn’t be allowed to marry, but whatever credibility they have as independent scholars will be put to the test by their new venture, the National Organization for Marriage.

Gallagher, president of the low-key Institute for Marriage and Public Policy (and perhaps most famous for taking money from the Bush Administration while promoting its marriage policy), and George, a Princeton professor, started NOM in order to lobby against marriage equality for same-sex couples and to campaign against legislators connected to the issue. The group ran this billboard in Massachusetts before the state’s 2007 election (image via Good As You):

The group is airing a radio ad in New Jersey against a bill that would allow same-sex couples to marry, featuring a child saying, “God creating Adam and Eve? That was so old-fashioned.” Although the bill, entitled “Civil Marriage and Religious Protection Act,” explicitly states that no religious group would be required to sanction any marriage (a requirement the First Amendment prohibits anyway) , the NOM ad hits on public fears that marriage equality for same-sex couples would imperil churches, stating, “They also want to penalize traditional New Jersey churches with threats to state tax exemptions and adoption licenses.”

Riverside, New Jersey, a small suburb of Philadelphia and Camden, has rescinded its anti-immigrant ordinance, passed last year to punish those who hire or rent to undocumented immigrants. Riverside’s measure was similar to a Hazleton, Pennsylvania law that was struck down by a federal judge in July, after a trial in which Hazleton’s mayor could not substantiate his claims of immigrant-related problems. PFAW Foundation was co-counsel to a coalition of Riverside businesses, landlords, and residents in challenging the ordinance as vague, overstepping the town's authority, unfairly putting businesses at risk, and violating civil rights under state law.

But despite the legal defects in Riverside’s planned crackdown on undocumented immigrants, reports indicate that it did succeed in its goal of driving out part of the town’s community, as apparent from struggling businesses shortly after the crackdown began, and from the AP report today, which notes, “The exact numbers are hard to pin down, but there seemed to be a precipitous drop in the number of Brazilians in the first few months after the ordinance was passed.”

Marcus Carroll, the one member of the township committee who voted against rescinding the ordinance, had this to say about the law's desired impact in driving unwanted residents away: "You can go home now and find a place to park."

One year ago: Anti-immigrant protestors in Riverside, New Jersey. The sign says “Drive your vans back across the Rio Grande.” (Photo from the Courier-Post.)

Meanwhile, anti-immigrant efforts in northern Virginia continue. Earlier this month, we noted the Ku Klux Klan entered the debate in Manassas and Prince William County, and today the Prince William police department is expected to announce a new program to deport “traffic violators and those charged with shoplifting or other misdemeanors,” as WUSA reports. “We think it’s the toughest anti-illegal immigrant measure in the United States,” said county supervisor Corey Stewart, who added, “In the long term, by making our community safer, and removing illegal immigrants from our schools and our hospitals, this is going to save us all a lot of money.”