Hostility

After nine months, Janet Neff has been confirmed to the U.S. District Court for the Western District of Michigan.  As we’ve chronicled here several times, Sen. Sam Brownback opposed her nomination simply because she attended the commitment ceremony of a family friend who is a lesbian back in 2002.

Over the past nine months, Brownback’s explanations as to why he was delaying her nomination, as well as the demands he made in order to let the nomination move forward, have been constantly shifting and “possibly unprecedented.”

But yesterday, with Neff scheduled to receive a vote on the Senate floor, Brownback took one last opportunity to make his opposition known: 

Mr. President, I urge my colleagues to vote against Judge Neff going onto the bench for a lifetime appointment. I have met directly with her. I have been present for two hearings where she has spoken on the controversial issue of same-sex marriage, which we all agree should be decided by legislative bodies and by the people, not by the courts. She has an activist view on this issue. She participated in a ceremony herself. Then, when asked about her view toward same-sex unions, she said she considers it a continuing legal controversy. Her words: I really don't have an understanding of it, concerning the Michigan law. In Michigan, the State has defined marriage as the union of a man and a woman, both by the legislature and the people. She says it is not entirely settled. Here is an activist on a core issue, a difficult issue, one I think we all believe should be decided by legislative bodies and not by the courts. She would be one who would have a tendency to rule from the bench.

I urge my colleagues to vote against Judge Neff.

Exactly four Senators voted against Neff – all Republicans: Brownback (R-KS), Bunning (R-KY), Kyl (R-AZ), Martinez (R-FL).  

It is extraordinarily rare for any Republican to vote against any judicial nomination made by President Bush, especially to the lower-profile district court seats.  But apparently, for these four Republican Senators, anti-gay hostility runs deeper than the tradition of defending and supporting their own President’s judicial nominees.

When Secretary of Defense Robert Gates announced that he would not reappoint Gen. Peter Pace to serve a second term as chairman of the Joint Chiefs of Staff, the reasoning behind the decision was relatively clear:

General Pace’s reputation has nevertheless become intertwined with the American invasions of Afghanistan and Iraq and the heavy tolls that the subsequent counter-insurgency fights have inflicted on the United States military. He has been criticized by some senior officers who saw him as too deferential to civilian leadership, in particular former Defense Secretary Donald H. Rumsfeld, and too inattentive to the impact of prolonged war-fighting on the Army, Marines and their National Guard and Reserve elements.

…

The defense secretary, though, said his conversations with senior lawmakers of both parties had led him to conclude that “the focus of his confirmation process would have been on the past, rather than the future” and “that there was the very real prospect the process would be quite contentious.”

A confirmation debate over the Bush administration’s handling of war in Iraq and the role Pace played in the debacle would undoubtedly have been “contentious” and so the administration decided that it would be easier to just replace Pace than to go through with such hearings.  

Case closed?  Not if your job requires that you have an almost single-minded dedication to uncovering evidence of nefarious homosexual plottings and maneuverings regarding the military:    

"General Pace made statements that were opposed by the homosexual activist community, and that issue is why the administration chose not to fight for his reconfirmation," says [Elaine Donnelly of the Center for Military Readiness]. "The administration chose to switch rather than fight -- and in this case, I think that is mistaken."

Three months ago, Pace stated that he supported the military’s “Don’t Ask, Don’t Tell” policy because “homosexual acts between individuals are immoral.”   According to Donnelly, it was because of this that the Bush administration is now attempting to appease gay activists by sacrificing Pace in the middle of the war he has overseen for the last two years.  

That makes sense, because if there is one thing the Bush administration is constantly trying to avoid, it’s angering gay activists by nominating people who exhibit an open hostility to homosexuals:  

President Bush's nominee for surgeon general, Kentucky cardiologist Dr. James Holsinger, has come under fire from gay-rights groups for, among other things, voting to expel a lesbian pastor from the United Methodist Church and writing in 1991 that gay sex is unnatural and unhealthy.

Also, Holsinger helped found a Methodist congregation that, according to gay-rights activists, believes homosexuality is a matter of choice and can be "cured."

…

As president of the Methodist Church's national Judicial Council, Holsinger voted last year to support a pastor who blocked a gay man from joining a congregation. In 2004, he voted to expel a lesbian from the clergy. The majority of the panel voted to keep the lesbian associate pastor in place, citing questions about whether she had openly declared her homosexuality, but Holsinger dissented.

Sixteen years ago, he wrote a paper for the church in which he likened the reproductive organs to male and female "pipe fittings" and argued that homosexuality is therefore biologically unnatural.

"When the complementarity of the sexes is breached, injuries and diseases may occur," Holsinger wrote, citing studies showing higher rates of sexually transmitted diseases among gay men and the risk of injury from anal sex.

US News and World Report’s Dan Gilgoff reports that two staffers hired by John McCain’s presidential campaign to make inroads with the Right have been fired and are now blasting the campaign’s “contempt for Christians”:

Two former aides hired to spearhead religious outreach for presidential candidate John McCain say that they were virtually ignored by the campaign and that McCain's top campaign strategists are intent on winning votes of religious voters without having to develop serious ties to faith communities. The aides, who were fired in early April after roughly three months on the job, said the campaign staff declined to return scores of their phone calls and E-mail messages, denied them access to leaders of the McCain campaign, and pressed them to collect church directories—a controversial tactic—as the centerpiece of a strategy to woo "values" voters.

"In the end, you came away with the strong sense that they had contempt for the faith-based community," says Marlene Elwell, one of those fired staffers. Elwell, a prominent Christian-right activist, was hired by McCain in December 2005 to be national director of his "Americans of Faith" coalition. "The way we were being treated it was as if we had leprosy."

…

[T]he other fired staffer, Judy Haynes—a former top Christian Coalition official hired to work under Elwell—had an assessment similar to Elwell's, saying in a separate interview that the campaign exhibited "a contempt for Christians."

Elwell and Haynes say that they were routinely denied access to McCain’s campaign manager and senior strategist and couldn’t get approval for their budgets or activities, claiming that the campaign preferred to simply try and collect church directories so that they could, in Haynes words, “rape and pillage the church [membership] lists.”

The McCain campaign, of course, denies this and claims to have regular contact with a variety of right-wing leaders:

The McCain campaign's Heckman said that, far from exhibiting hostility to religious conservatives, McCain speaks regularly with such prominent evangelical figures as former presidential candidate Gary Bauer, Southern Baptist Convention public policy chief Richard Land, and televangelist John Hagee. Heckman, himself a veteran of Bauer's 2000 presidential campaign, also noted that McCain has hired former Christian Coalition field director Guy Rodgers to help with national religious outreach and Marlys Popma, an evangelical Christian and former head of Iowa Right to Life, as a top Iowa staffer.

In a brief press release, Democratic National Committee chair Howard Dean commemorated Easter by saying, “During this time Christians are called to remember who they are as people of faith, and that even the greatest of evils will not have the last word.” He also said that “peace, redemption and renewal” is a “theme which brings hope to people of all faiths.” The latter sentiment is driving some commentators to read all kinds of meaning into the press release – Richard Cizik of the National Association of Evangelicals claims that the lack of specific use of the name of Jesus is “a sad reflection of a 'lowest common denominator' religious outreach of the Democratic party” which “will not pass the smell test of any evangelical.”

More partisan activists on the Religious Right, however, go as far as accusing Dean of heresy-by-press-release by “redefining” Easter. He’s “taking Easter and making it into a nondescript, universal, nonexclusive religious celebration for all religions,” warns Don Wildmon of the American Family Association. According to Rob Schenck of the National Clergy Council, Dean’s press release proves that “the Democratic leadership is in fact secularist by philosophy and worldview” – and it’s part of a larger conspiracy against faith:

"And we see it here in Washington, where I'm located," Schenck adds, "that there is a growing hostility towards religious faith in the public arena, and this is more indication of that." Dean has attempted to redefine the meaning of Easter, the Christian spokesman contends, by "dumbing it down to a universal, New Age spirituality."

In addition to ascribing devious motives to a one-paragraph press release, Schenck also offers his discernment on Dean’s own belief:

However, since Howard Dean is not a theologian or a student of the Bible, Schenck says the politician is not in a position to redefine the meaning of Easter. In fact, after talking with Dean personally and observing him in many public settings, the National Clergy Council spokesman says he has seen nothing that would indicate the DNC chairman has any "overriding religious sensibilities."

Yesterday we noted that Concerned Women for America was the first right-wing group to publicly condemn Rep. Pete Stark for admitting that he “does not believe in a Supreme Being.” 

Well, they have now been joined by the Traditional Values Coalition, who does CWA one better by not only blasting Stark, but lying about him as well:

In a display of open hostility to God, California Representative Peter Stark stood up on the Floor of the House on March 13 and declared his unbelief in God. “This is the first time in history that a sitting member of Congress has openly expressed his lack of faith in God,” said TVC Chairman Rev. Louis P. Sheldon. According to Stark, “When the Secular Coalition asked me to complete a survey on my religious beliefs, I indicated I am a Unitarian who does not believe in a supreme being.”

Christian Seniors Association Executive Director James Lafferty notes: “It is sad but not surprising that the current Congress has produced this historic first – one of its members has denied God. The liberals in Congress want to throttle any school child who bows his or her head in prayer but they want to establish a right for liberals to bash Christians and berate God around the clock.”

Lafferty continued, “Congressman Stark’s statement is a very sad benchmark for America. It could be the moment which defines the decline of our country or it could be the spark which marks an important day. That would be the day that religious Americans stood-up to the liberal bullies who are so determined to use the power of government to silence prayer and every other religious expression of free speech.”

Of course, only in TVC’s fevered imaginations did Stark ever “[stand] up on the Floor of the House on March 13 and declared his unbelief in God.” 

In actuality, Stark merely did exactly what TVC quotes him saying above: he responded to an inquiry from the Secular Coalition for America. Since then, he has declined to comment further.   

That statement TVC quotes above was sent out by email by Stark’s office, not delivered on the House floor.

Elsewhere, the Christian Seniors Association, a TVC front group run by Sheldon’s son-in-law, issued its own press statement calling on members of Congress to fight back against Stark’s atheism:

It is time for religious members of Congress to push back.  A simple declaration of a belief in God by members of Congress on the House floor will be greatly informative for the American people.

…

This is a fight which is destined to be fought in America and we think it should begin today.

Apparently, a simple declaration of nonbelief is enough to incite TVC and its proxies to launch an all-out religious war.  

Rep. Virgil Goode, Jr. (R-Virginia), in a letter to constituents obtained by a Charlottesville newspaper, joined a right-wing attack on an incoming Muslim congressman, and linked the presence of the Koran in Congress to a supposed need for draconian immigration laws to stop the influx of Muslim congressmen streaming across the border. "[I]f American citizens don’t wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran," wrote Goode.

When right-wing columnist and radio host Dennis Prager lashed out against incoming Rep. Keith Ellison (D-Minnesota) for “announc[ing] that he will not take his oath of office on the Bible, but on the bible of Islam, the Koran,” he created a small firestorm. Wrote Prager late last month:

He should not be allowed to do so -- not because of any American hostility to the Koran, but because the act undermines American civilization.

He added, “If you are incapable of taking an oath on [the Christian Bible], don't serve in Congress."

Not least among the criticisms were (1) that the Constitution specifically prohibits any religious test for office, and (2) that members of Congress do not take their oaths of office on the Bible at all. Instead, they raise their right hands as a group, and then pose for pictures after the fact.

However, Prager stood by his ridiculous attack, and a few right-wing figures came out of the woodwork to support him. WorldNetDaily wove a complicated conspiracy attempting to link Ellison to international terrorists, and Roy Moore – the former Chief Justice of the Alabama Supreme Court who was removed from office for refusing to relinquish a two-ton Ten Commandments monument from his court – argued that Islam “rejects our God” and is “simply incompatible with our law.” William Donohue of the Catholic League and Don Feder, under the auspices of his obscure group “Jews Against Anti-Christian Defamation,” issued a joint statement calling critics of Prager “scurrilous” and repeating the false factual claim that all congressmen historically swear an oath on the Christian Bible. Feder went further, writing, “It’s no coincidence that most terrorists on four continents are Muslims. Nor is it a coincidence that those who are killing U.S. servicemen in Iraq do so in the name of the bible of Islam. And it isn't by chance that Osama bin Laden, Hamas, Hezbollah and Imanutjob in Iran all cite the Koran as the source of their lunacy.” Feder added that he would rather Ellison swear on “The Pop-Up Kama Sutra.”

Now, at least one fellow congressman is joining this quixotic right-wing campaign against Ellison and the U.S. Constitution. Goode, a Republican representing the southside of Virginia, wrote his letter in response to constituents complaining about Ellison. One accidental recipient forwarded it to an alternative newspaper in Charlottesville. In it, he connects the anti-Islam message of the Right to the anti-immigrant positions that he has made his political hallmark:

Dear Mr. Cruickshank:

Thank you for your recent communication. When I raise my hand to take the oath on Swearing In Day, I will have the Bible in my other hand. I do not subscribe to using the Koran in any way. The Muslim Representative from Minnesota was elected by the voters of that district and if American citizens don’t wake up and adopt the Virgil Goode position on immigration there will likely be many more Muslims elected to office and demanding the use of the Koran. We need to stop illegal immigration totally and reduce legal immigration and end the diversity visas policy pushed hard by President Clinton and allowing many persons from the Middle East to come to this country. I fear that in the next century we will have many more Muslims in the United States if we do not adopt the strict immigration policies that I believe are necessary to preserve the values and beliefs traditional to the United States of America and to prevent our resources from being swamped.

The Ten Commandments and “In God We Trust” are on the wall in my office. A Muslim student came by the office and asked why I did not have anything on my wall about the Koran. My response was clear, “As long as I have the honor of representing the citizens of the 5th District of Virginia in the United States House of Representatives, The Koran is not going to be on the wall of my office.” Thank you again for your email and thoughts.

Sincerely yours,
Virgil H. Goode, Jr.
70 East Court Street
Suite 215
Rocky Mount, Virginia 24151

UPDATE 12/21:

Tell Goode to apologize!  A spokesman for Goode says that the congressman “stands by the letter” and refuses to apologize for the letter he wrote to constituents despite universal condemnation from the Council on American-Islamic Relations, the Virginia Muslim PAC, James Zogby of the Arab American Institute, the ACLU, and at least one Democratic congressman. A spokesman for incoming House Speaker Nancy Pelosi (D-California) called the remarks “offensive.”

Goode has made illegal immigration a primary target of his congressional career – introducing a bill to build a fence along the US-Mexico border and pushing to make English the official language of the US. 

Representative Ellison has the right idea about what it means to be an American - telling Rep Goode that he has “nothing to fear” because “the fact that there are many different faiths, many different colors and many different cultures in America is a great strength.” 

You can call Goode’s office at (202) 225-4711 and ask that he apologize for his intolerant and divisive comments about Muslims and immigrants. (Let us know how your call went here.)

We have been following Sen. Sam Brownback’s on-going hold of Janet Neff’s nomination to serve on the US District Court for the Western District of Michigan because Brownback is concerned that Neff attended a commitment ceremony for a lesbian couple back in 2002.  

Brownback is stalling her nomination simply because she attended a commitment ceremony in her personal capacity, but now said that he will consider lifting his hold on her nomination – but only if she agrees to recuse herself from any case that deals with the issue of same-sex unions

Kansas Sen. Sam Brownback, a potential presidential candidate, said Friday he would lift his hold on a federal judicial nominee if she agrees to step aside from any case dealing with same-sex unions.

Brownback, a Republican raising money for a possible White House bid, has stalled the confirmation of Michigan Court of Appeals Judge Janet Neff to the federal bench because she once attended a lesbian commitment ceremony.

Neff has said she attended the ceremony as a friend of one of the two women, a longtime neighbor. She insisted in an Oct. 12 letter to Brownback that the ceremony had no legal effect and would not affect her ability to act fairly as a federal judge.

Brownback, a prominent gay marriage opponent, says he is concerned the incident colors her legal view on the constitutionality of allowing same-sex marriages.

It should be noted that Brownback voted to confirm William Pryor to a seat on the 11th Circuit Court of Appeals despite Pryor’s open hostility to Supreme Court precedent and his extremist views on church-state separation, gay rights, and other matters

During an April 1997 rally, Pryor decried the decades-old precedent of Roe. He said, “I will never forget January 22, 1973, the day seven members of our highest court ripped the Constitution…” In a survey of state attorneys general on the issue, Pryor said, “Abortion is murder and Roe v. Wade is an abominable decision.” Pryor opposes abortion even in cases of rape or incest.

One of Pryor’s most memorable efforts to move the law closer to his ideology is seen through Alabama Justice Roy Moore’s crusade to defy a federal court order and display the Ten Commandments in his courtroom and on other state property. Moore parlayed his refusal to remove such a display, even after a court ordered him to do so, into a successful campaign for the state’s top judgeship. There, he again displayed his Ten Commandments, this time on a granite monument in the rotunda of the Alabama Judicial Building in Montgomery.

William Pryor has backed Judge Moore, even though the judge’s actions plainly violate the Constitution’s requirement of the separation of church and state.

… Speaking at a rally in support of Judge Moore in 1997, Pryor said, “God has chosen, through his son Jesus Christ, this time and this place for all Christians…to save our country and save our courts.”

Brownback made no such demands that Pryor recuse himself from any case involving the Ten Commandments or reproductive choice, even though there was no doubt about Pryor’s views on the issues and how he would rule in such cases – yet, Brownback is now demanding that Neff agree to recuse herself from any case involving the issue of same-sex unions merely because she attended a commitment ceremony.