Supreme Court

Religious Right Activist Wants An Anti-Gay 'Uprising' If SCOTUS Rules For Marriage Equality

Phil Burress, head of the Ohio-based Citizens for Community Values, thinks that the American people will revolt if the Supreme Court makes a sweeping ruling in favor of marriage equality.

Speaking over the weekend with Mission America’s Linda Harvey, Burress said he feared that the Supreme Court “will force same-sex marriage on all fifty states,” adding that “the nation is not going to stand for this.”

Burress added that in the event of such a ruling anti-gay activists will be forced to reorganize and launch a new campaign to amend the Constitution: “I really believe if the Supreme Court was to rule the wrong way, I think you’re going to see an uprising and a demand for a constitutional amendment that takes this matter out of the hands of the courts and puts it back into the states.”

Burress went on to attack Sen. Rob Portman, the Ohio Republican who endorsed marriage equality after his son came out as gay, pledging to defeat to him if he runs for re-election and unite Portman’s conservative opponents around a single primary challenger.

“We did a poll of just conservatives, the values voters, dealing with just Portman,” Burress said. “Seventy-two percent of them said that they would not support Portman. If he runs, he will lose.”

He claimed that marriage equality is losing support among voters: “The reason they are losing support is because people are understanding this is not about same-sex marriage or same-sex unions anymore, it’s about persecution, it’s about suing people, it’s about forcing people to comply with what they want or else we’re going to put you out of business and if you don’t comply then we’ll put you in jail.”

Citizens United: Our Supreme Court Case Helped Secure GOP Win

A flood of outside spending, much of it undisclosed “dark money,” helped Republicans make significant gains in yesterday’s elections. The Supreme Court’s 2010 Citizens United decision helped trigger the campaign spending avalanche, and so it come as no surprise that Citizens United’s leader David Bossie took a victory lap today in a press conference of conservative activists reacting to the election results.

Citizens United, our Supreme Court case, leveled the playing field and we’re very proud of the impact that had in last night’s election,” he said. “A robust conversation, which is what a level playing field allows, really creates an opportunity for the American people to get information and make good decisions.”

Bossie also accused Senate Democrats of trying to “gut the First Amendment” by voting in favor of a constitutional amendment that would overturn the Supreme Court’s decision in the case.

Tony Perkins: Legalizing Gay Marriage Is Just Like Ignoring Gravity

On his radio program yesterday, Family Research Council President Tony Perkins criticized marriage equality supporters for trying to “marginalize and silence those who support traditional marriage,” warning that the success of the gay rights movement will have grave consequences.

Despite the recent string of court victories in favor of marriage equality, Perkins said “marriage will be an issue” on the campaign trail that “will not go away because it’s rooted in nature.”

“You can act like it’s not there, you can act like gravity doesn’t work, but I’m going to tell you it will catch up with you sooner or later and you are going to hit the ground and culturally we are going to hit the ground by ignoring the realities of marriage,” he said.

Later in the show, Mat Staver of Liberty Counsel said that by declining appeals from states trying to uphold their bans on same-sex marriage, the Supreme Court effectively spread a “fire” around the country and is now trying to avoid the blame.

Instead of the Supreme Court stepping in and putting a stop to it to allow these marriage amendments to be upheld, something that they hinted at they might do last year, they just stood by the side, crossed their arms and said, ‘It’s not us, it’s the other courts that are doing it, we’re just not going to get involved.’ It’s like pushing a car off the cliff and watching it fall and then saying, ‘We’re not the ones who really caused the damage, it was the impact down below.’

But the Supreme Court started this, they literally took a match and threw it onto a gas can in 2013 [in the Windsor case]. And as that fire began to race across the country they had the ability to put it out and instead they just stood to the side and they’re not going to take the blame for it, but it literally is the blame of the United States Supreme Court with this 5-4 decision in 2013. It is irresponsible, absolutely irresponsible for this court to do that.

Linda Harvey: Fight 'Evil' Gay Marriage With 'Civil Disobedience'

Linda Harvey of Mission America warned on her radio bulletin yesterday that America has entered “a time of possible civil disobedience” following the Supreme Court’s recent marriage equality announcement, telling listeners that “we must not serve the interests of sin and darkness” and “this court’s inaction is an act motivated by evil and deception and ultimately will not stand.”

“This is attempted theft of what God has ordained and our Lord will not honor this lawlessness,” Harvey said. “Allowing homosexuality to become normal in America may certainly be part of God’s judgment on our once-Christian nation for our irresponsible sexual practices and for turning our back on what the Lord has taught us. Even so, God will at some point allow the consequences of such defiance to play itself out and that will be a very tragic day indeed for those who have thumbed their noses at the Lord as they celebrate sin.”

Harvey hoped the court’s action will actually give a boost to the work of anti-gay activists: “Those of us who know the truth about homosexuality are far from finished, and in fact, God will use this cowardly act by the majority in our high court to bring a new zeal and fervor to the pro-family movement.”

Pat Buchanan: 'Massive Civil Disobedience' Needed To Fight 'Anti-Christian Discrimination'

Incensed with the Supreme Court’s recent decision to turn down appeals of several marriage equality rulings, Pat Buchanan fears that Americans, a “once-free people,” are now “under the rule of a judicial dictatorship.”

Buchanan writes in his syndicated column today that court rulings in favor of gay rights are just the latest in a long line of decisions that have “ordered the de-Christianization of all public institutions in what was a predominantly Christian country.”

“Secular humanism became, through Supreme Court edict, our established religion in the United States,” he said. “Why was there not massive civil disobedience against this anti-Christian discrimination, as there was against segregation?”

After praising opponents of desegregation busing for making “our black-robed radicals back down,” Buchanan quotes the pro-slavery, Confederate Army chaplain Robert Lewis Dabney's comments on “the failure of conservatives to halt the march of the egalitarians.”

Do the states have the right to outlaw same-sex marriage?

Not long ago the question would have been seen as absurd. For every state regarded homosexual acts as crimes.

Moreover, the laws prohibiting same-sex marriage had all been enacted democratically, by statewide referenda, like Proposition 8 in California, or by Congress or elected state legislatures.

But today rogue judges and justices, appointed for life, answerable to no one, instruct a once-democratic republic on what laws we may and may not enact.

Last week, the Supreme Court refused to stop federal judges from overturning laws banning same-sex marriage. We are now told to expect the Supreme Court itself to discover in the Constitution a right of men to marry men and of women to marry women.

How, in little more than half a century, did the American people fall under the rule of a judicial dictatorship where judges and justices twist phrases in the Constitution to impose their ideology on this once-free people?



The Supreme Court has ordered the de-Christianization of all public institutions in what was a predominantly Christian country. Christian holy days, holidays, Bibles, books, prayers and invocations were all declared to be impermissible in public schools and the public square.

Secular humanism became, through Supreme Court edict, our established religion in the United States.

And the American people took it.

Why was there not massive civil disobedience against this anti-Christian discrimination, as there was against segregation? Why did Congress, which has the power to abolish every federal district and appellate court and to restrict the jurisdiction of the Supreme Court, not act?



In 1954, the Supreme Court ordered the desegregation of all public schools. But when the court began to dictate the racial balance of public schools, and order the forced busing of children based on race across cities and county lines to bring it about, a rebellion arose. Only when resistance became national and a violent reaction began did our black-robed radicals back down.

Yet the Supreme Court was not deterred in its resolve to remake America. In 1973, the Court discovered the right to an abortion in the Ninth Amendment. Then it found, also hidden in the Constitution, the right to engage in homosexual sodomy.

When Congress enacted the Defense of Marriage Act, Bill Quirk urged it to utilize Article III, Section 2, of the Constitution, and write in a provision stripping the Supreme Court of any right to review the act.

Congress declined, and the court, predictably, dumped over DOMA.



Indeed, with neoconservatives in the van, the GOP hierarchy is today in headlong retreat on same-sex marriage. Its performance calls to mind the insight of that unreconstructed Confederate chaplain to Stonewall Jackson, Robert Lewis Dabney, on the failure of conservatives to halt the march of the egalitarians:

“American conservatism is merely the shadow that follows Radicalism as it moves forward towards perdition. It remains behind it, but never retards it, and always advances near its leader. … Its impotency is not hard, indeed, to explain. It is worthless because it is the conservatism of expediency only, and not of sturdy principle. It intends to risk nothing serious, for the sake of the truth, and has no idea of being guilty of the folly of martyrdom.”

Mat Staver: 'Shameful' Supreme Court Gay Marriage Ruling Will Spread Disease

Liberty Counsel chairman Mat Staver delivered a blistering response to the Supreme Court’s decision this week not to take-up marriage equality appeals, telling host Jim Schneider of “Crosstalk” yesterday that the court is endangering public health by effectively legalizing same-sex marriage in several states.

Staver said same-sex marriage should remain illegal because “we know male-male sexual relationships are notoriously harmful, physically as well as mentally, and also female-female, same kinds of things.”

“It’s harmful to the individuals and those harms ultimately effect those around because they’re communicable and other kinds of serious and deadly disease,” he added.

Staver lamented that America is witnessing “a debasing of morals” as county clerks in new marriage equality states begin to issue marriage licenses, with even “people on the sidelines who don’t necessarily participate directly in the debasing acts cheering on those that do.”

“This is not something to cheer about, this is a shameful day in American history, it’s a shameful day that the Supreme Court has ultimately engulfed itself with,” Staver said.

“It’s shameful for the Supreme Court for what they have done to marriage as it has been shameful in the history of the court with regards to the Dred Scott decision or the Buck v. Bell decision, where they said that the state of Virginia can forcibly sterilize her because of this eugenics idea that they want to eliminate the undesirables of the world. That was the shameful day that we ultimately look back with shame upon and I think this is going to be one of those same kind of situations.”

Steve Deace: Gay Rights Advocates Seek 'Validation' Through Marriage And 'Pro-Sodomy Propaganda'

Conservative talk show host Steve Deace was, to say the least, livid at the news this week that the Supreme Court declined to hear appeals of a number of lower-court marriage equality rulings, thus allowing same-sex couples in several new states to begin marrying.

Deace spent a good part of his interview Monday with Religious Right activist Bob Vander Plaats railing against the LGBT rights movement, which he declared is “not about ‘I want to visit people I love in a hospital’ or ‘I want to pass on to people I care about an inheritance’” but is instead about a search for “validation and ‘I want someone to validate my desires that my conscience tells me are wrong, that my conscience tells me go against the way I was made.’”

“‘To validate these desires and impulses that I don’t think I can control, and I want you to tell me that I’m okay just the way I am,’” he continued, in the voice of an imaginary gay-rights activist. “‘And if the God who made me, who I ultimately desire validation from…if that God will not validate me, then I will go to the next most powerful force on earth and try to get them to do it, and that is government.’”

He added that “the onslaught of pro-sodomy propaganda in our culture” is yet another step in this search for validation: “You will be made to care when your kids watch the Disney Channel. You will be made to care when you watch ESPN. There is nowhere for you to go. Consider the onslaught of pro-sodomy propaganda our culture has been deluged with and the numbers in that Pew research poll. There’s a backlash.” (He was referring to a recent Pew poll showing a downtick in support for marriage equality.)

Vander Plaats agreed with Deace’s assessment: “This isn’t about Mary and Susy having a garden next door anymore. This is about saturating every piece of life with this very issue for what you talk about, and I think you’re right, Steve: validation.”

Huckabee Urges States To Ignore Rulings On Marriage Equality, Abortion Rights & Church-State Separation

In an interview with Iowa-based conservative talk show host Steve Deace on Monday, former Arkansas Gov. Mike Huckabee repeated his recommendation that governors simply ignore the Supreme Court’s decision to let stand lower court rulings legalizing marriage equality in several new states, adding that state governments should have also ignored Roe v. Wade and the Supreme Court rulings banning school-sponsored prayer.

When Deace pressed him on the “maelstrom” that would be set off if state governments simply ignored court rulings on marriage, Huckabee responded that it was in fact the courts that have set off a “constitutional crisis” by ruling in favor of marriage equality.

“I look back to 1973,” he said, referring to the year in which Roe v. Wade was decided, “and I’m wondering what would have happened if the two branches of government, the executive and the legislative, simply said, ‘We appreciate your opinion, court, but now if states wish to empower that, I guess they can do so, but until that happens we’re not automatically going to go killing 55 million babies over the next 40 years.’”

In cases such as Roe and rulings in favor of marriage equality and church-state separation, Huckabee said, elected officials should have said, “Well, the courts have spoken and it’s an important voice, but it’s not the voice of God and the Supreme Court isn’t God” and simply ignored the courts’ rulings.

Earlier in the interview, Deace insisted that a drop in support for LGBT rights reported in a recent Pew poll happened because “people are seeing this really isn’t about consensual love…this is really about in the end using the coercive force of government to get you to abandon your own moral conscience.”

Huckabee agreed, adding, “It’s never been an honest situation where those who were advocating the most extreme levels of changing our culture were sincere and straightforward and I don’t think we’ve seen the last of it.”

He added his hope that in reaction to yesterday’s Supreme Court decision, “somewhere there will be a governor who will simply say, ‘No, I’m not going to enforce that’” and order county clerks not to issue marriage licenses to same-sex couples.

Sandy Rios: Riots And Starvation Coming To America

The American Family Association’s Sandy Rios dedicated much of her radio show today to attacking the Supreme Court for refusing to hear appeals on several marriage equality cases, which led her to discuss the purported threats to religious freedom that marriage equality is bringing to America.

Rios warned that religious liberty is in peril and viewers should purchase a new AFA DVD, “A Time To Speak.”

“If we don’t do something, I think we’re going to see — and this is radical — I think we’re going to see riots in the street, we’re going to see starvation, we’re going to see things we have never seen before, we’re going to see a complete breakdown in terms of law enforcement, it’s going to be a nightmare,” she said. “This will be what you are handing to your children if you don’t speak up now. I’m not sure we can pull it back, but are you going to say in retrospect that you did nothing?”

Later in the show, Rios spoke to Kelly Shackelford of the Liberty Institute about the supposed death of religious freedom in America, linking it with the news out of the Supreme Court.

Rios said “leaders the [gay rights] movement” are “fascists when it comes to this issue” who “will not stop until people who object are brought to their knees,” an assessment that Shackelford agreed with, and in turn denounced gay rights advocates for using “unconscionable” tactics and pushing “the ultimate intolerance.”

Downbeat Pat Robertson Criticizes Supreme Court On Marriage Equality

Pat Robertson today rebuked the Supreme Court for “punting” on marriage equality, blasting the courts — along with Virginia Attorney General Mark Herring — for “overriding the wishes of the states” to “protect traditional marriage.”

The “700 Club” host later compared the decision to Roe v. Wade: “It’s the same thing with abortion. Instead of letting the people decide as they should’ve under the Constitution, it was taken out of their hands by the Supreme Court decision Roe v. Wade and because of that no effort by the people has been successful ever since and it’s been a travesty as we’ve seen over 50 million unborn babies slaughtered in this land.”

FRC: Marriage Equality Judges Would Flunk Law School

The Family Research Council’s Travis Weber slammed the Fourth, Seventh, and Tenth Circuit Courts yesterday for their decisions knocking down state bans on same-sex marriage, telling “Washington Watch” guest host Richard Land that the rulings were based on “poorly constructed, very poor analysis.”

“Even thinking back to how we were trained in law school to approach legal questions, if you used some of the analysis that these judges have used in striking down state marriage laws, you would be scolded in a lot of legal writing classes,” he said.

Peter LaBarbera Vows 'Massive Civil Disobedience' To Block Gay Marriages

Peter LaBarbera of Americans For Truth About Homosexuality is not exactly pleased with the Supreme Court’s decision not to hear appeals on several marriage equality cases, warning in a statement today that as a result of the court’s non-decision “we live not in freedom but under tyranny.”

“Now is the time for civil disobedience on a massive scale: we hope that statesmen and citizens alike -— in Oklahoma, Wisconsin, Indiana, Utah and Virginia — indeed, any state where the people’s will has been robbed by elitist judges — will reassert their state sovereignty against escalating judicial supremacy,” LaBarbera writes. “God is not mocked: the Scriptures are clear that homosexual practice is an offense against both God and the very bodies of those who practice it (as is all sexual immorality).”

We are witnessing a "gradual Roe v. Wade" by which unelected judges impose homosexual 'marriage' on the nation. Hubris rules the day as millions of Americans' votes defending actual marriage (one man, one woman) are negated by one court ruling after another. Each decision bastardizes America's noble quest for racial justice by invoking "equality" for unions based on disordered sexual behavior that can never be "equal" to God-ordained sex within marriage. Now the nation's highest court is content to let the ongoing disenfranchisement become law.

Yesterday's action by the Supreme Court only solidifies the idea that the powerful elites who dominate politics, media and culture do not care what the people think, expressed through the ballot box or their elected state legislators. And if "We the People's" votes do not count, then We live not in freedom but under tyranny.

The notion that nine men and women in black robes know more about what constitutes marriage than 76 percent of Oklahoma's voters is insulting and preposterous. Now is the time for civil disobedience on a massive scale: we hope that statesmen and citizens alike--in Oklahoma, Wisconsin, Indiana, Utah and Virginia—indeed, any state where the people's will has been robbed by elitist judges—will reassert their state sovereignty against escalating judicial supremacy.

From a moral and spiritual perspective, no court or government action can—to quote from the ill-informed ruling of Appeals Court Judge Richard Posner--"confer respectability on a sexual relationship" between two people of the same sex. Homosexual activists yearn to be told that their defining sin is not a sin at all—and legalizing genderless "marriage" is their holy grail to achieve that end. "Love is love," we are told, or rather scolded. But God is not mocked: the Scriptures are clear that homosexual practice is an offense against both God and the very bodies of those who practice it (as is all sexual immorality).

The truly loving thing for Christians to do is not to "bless" same-sex relationships but to guide men and women caught up in false homosexual identities to the One, Jesus, who will forgive them and guide them to a life pleasing to God.

Gordon Klingenschmitt: Supreme Court Letting Gays 'Recruit Your Kids'

Anti-LGBT activist and Colorado Republican state legislative candidate Gordon Klingenschmitt reacted today to the Supreme Court’s decision not to hear an appeal of lower court marriage equality rulings by asserting that “sodomy is still banned by God in all 50 states” and “God will have the last word.”

In an email to members of his Pray In Jesus Name project, Klingenschmitt lamented that “cruel judges now deny kids’ rights in 30 states,” telling his readers that conservatives must work even harder to “defend their children from such an agenda to normalize sin and recruit your kids.”

Unfair to Kids: Judges force homosexual "marriage" in 30 states

Every child has a right to a mom and dad. Cruel judges now deny kids' rights in 30 states.

Yesterday the U.S. Supreme Court declined to hear any of seven possible appeals from five states that would protect traditional marriage between one man and one woman. This dereliction of duty allowed bad lower-court rulings to enforce homosexual "marriage" in 11 new states, against the will of the voters. Many children will now be told by the government, "You can't have a mother. You get two dads instead." That's unfair to kids.



THIS JUST IN: Sodomy is still banned by God in all 50 states. Gay marriage now "legal" in 30 states? Only 3 states voted for that, meaning it was imposed on kids in 27 states by oligarchs, against the voters' will. 38 states had bans before this judicial TYRANNY overruled the people's will. God will have the last word. …

Will Christians work this hard, to defend their children from such an agenda to normalize sin and recruit your kids? Legislation. Ballot Work. Courts. All fronts in all states.

Sadly, it appears some House Republicans are caving in without a fight. "The House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that [DOMA] statute," said lawyers for the House Bipartisan Legal Advisory Group (BLAG).

But we are not done. We are fighting back. We will fight to defend traditional marriage as Jesus defined it in Matthew 19:4-6, between one man and one woman. We must encourage Congress to NOT give up the fight.

I met several Congressmen last year in DC, and although they are discouraged, they are not ready to quit. But they must hear from us, that we still care about traditional marriage. Let's send Congress a message today. Demand a Constitutional Marriage Amendment...

Robert George: Marriage Equality Judges Ignore His Brilliant Arguments

Robert George, the reigning intellectual godfather of the Religious Right, complains in an interview with the Christian Post today that judges who recognize the right of same-sex couples to marry are not only ignoring the Constitution, they are ignoring his own brilliant arguments.

George, co-author of the Manhattan Declaration and co-founder of the National Organization for Marriage, published a law review article and book, “What is Marriage? Man and Woman: A Defense” with Sherif Gergis and the Heritage Foundation’s Ryan Anderson. George is quite proud that Justice Samuel Alito cited their arguments in his dissent to the Supreme Court decision overturning part of the Defense of Marriage Act. But he cannot accept that any judge with a commitment to the Constitution could possibly disagree with him.

George broadly renounces all judges who have ruled in favor of marriage equality as engaging in a “pure ideological power play.” He acknowledges that marriage equality rulings have come from judges nominated by both Republicans and Democrats, but portrays them all as “liberal judges who don’t like traditional morality and the traditional understanding of marriage and want to overturn it.”

“So they’re abusing their offices, they’re usurping the authority of the elected representatives of the people, and sometimes the people themselves acting through referendums and initiative, to impose their own vision, their own preferences, their own political policy preferences on the American people. It’s not right and it’s unconstitutional.”

George is incensed that judges are applying the Equal Protection Clause of the 14th Amendment to same-sex couples, because he says the authors of that mid-19th Century amendment were not thinking about marriage equality.

“It’s just an offense against constitutionalism, against the rule of law, against the idea that the people rule themselves in a republican form of government, to seize on a provision like the Equal Protection Clause and to overturn the laws of marriage.”

But most of all, George cannot seem to accept that an ideologically diverse set of judges, in dozens of opinions, could have considered and rejected his arguments.

“It seems to me that the courts, if they’re going to strike down the marriage laws in the name of the 14th amendment, do have an obligation to at least engage the argument that we presented, but so far they haven’t. And I know the reason why they haven’t. The reason why they haven’t… is that they don’t have an answer for the argument.”

That is ridiculous. But don’t take my word for it. I ran Robert George’s claims by Shannon Minter, legal director for the National Center for Lesbian Rights and a major player in marriage equality advocacy. Here’s what he said:

Judges across the country have considered the arguments put forward by Professor George and others—that marriage is essentially tied to heterosexual procreation and to the alleged “sexual complementarity” of men and women—and have overwhelmingly concluded that they are not persuasive. In fact, most of those courts have held that such arguments are so tenuous and illogical that they fail even the lowest level of constitutional scrutiny.

 

Rick Santorum Presents Latest 'Religious Persecution' Movie

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Featured “persecution” stories include:

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

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

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

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

Right Wing Gets It: Elections Matter Because Courts Matter

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

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

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

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

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

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

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

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

The Senate

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

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

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

Religious Liberty ‘Hanging by a Thread’

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

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

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

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

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

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

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

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

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

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

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

The Court as Right-Wing Campaign Issue for 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hobby Lobby And 'Biblical Economics'

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

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

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

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

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

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

As Zoe Carpenter writes for The Nation,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Peter LaBarbera Says Doctors Who Perform Sex Reassignment Surgery Should Be Imprisoned

In a Friday appearance on “The Janet Mefferd Show,” Peter LaBarbera of Americans For Truth About Homosexuality criticized “grotesque” and “awful” sex reassignment surgeries for transgender individuals and insisted that the doctors who perform such surgeries should be put in jail.

“These doctors who perform these operations — this should be illegal — these guys need to go to jail, this is almost the most analogues thing to the abortionist on that issue I can think of,” LaBarbera said. “These doctors exploiting these gender confused individuals and making money off of them.”

Earlier in the program, the anti-LGBT activist once again praised the Supreme Court for its decision in the Hobby Lobby case, hailing the court’s ruling as a bulwark against “LGBT tyranny” that should be cited by businesses that seek to refuse to service to LGBT customers.

Ironically, immediately after praising the Supreme Court for watering down the Affordable Care Act in Hobby Lobby, LaBarbera then attacked the court for potentially striking down state bans on same-sex marriage, saying, “We cannot be ruled by nine men and women in robes, by the Supreme Court, they are not supposed to be making law.”

He also called on states to defy any Supreme Court ruling that decides in favor of marriage equality. “I think we need a state like Oklahoma or somewhere where there is a vast, vast majority supporting traditional marriage to say, ‘No, we’re not going to be forced in our state to embrace this counterfeit marriage,’ and I hope that happens,” he said.

Richard Land: 'Alito And Roberts Are The Gifts That Keep On Giving'

National Journal is out today with a profile of the new kinder, gentler Religious Right, looking at the downfall of Richard Land’s career as a sign that the movement is turning away from aggressive culture wars and instead finding a less threatening political approach.

Reporter Tiffany Stanley interviewed Land, a former top Southern Baptist Convention official, who waxed nostalgic for the days when President Bush was in office…and especially for Bush’s commitment to nominating ultra-conservative federal judges.

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

The Religious Right has found great success in rallying its supporters against the menace of “activist judges” while stressing the importance of putting “strict constructionists” on the bench. Even during Mitt Romney’s failed presidential bid, many far-right activists told voters not to mind Romney’s apparent attempts to move to the center since he promised to appoint hard-line conservative judges.

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

“I love the guy!” Land says. In his office, he gets up from the conference table, goes searching for his cell phone, and pulls up a photo of W. and members of the Land family—his wife, two daughters, and son-in-law—at the Bush Library, which they visited while they were in Dallas for a wedding.

Land proved a valuable presidential ally. When Bush called for preemptive action against Saddam Hussein in Iraq, he was one of the few religious leaders to provide cover, writing a letter supporting the president’s plan with his version of just-war theory. In 2003, after Bush signed the Partial-Birth Abortion Ban Act into law, Land joined Falwell and other ministers in the Oval Office, where they prayed with the president. In 2004, Land launched the “I Vote Values” campaign, a mammoth get-out-the-vote operation, which distributed half a million voter guides to churches and included a cross-country tour in an 18-wheeler. According to exit polls, Bush won voters who said their top concern was “moral values” by 80 percent to 18 percent.



By his account, the alignment of religious conservatives and the GOP happened when Republicans more readily took on the antiabortion mantle: “What I’ve always said is … we’re going to be values voters, we’re going to vote our values and our beliefs and our convictions, and if that makes abortion a partisan issue, then shame on the Democrats.” He pushed for a commitment from the GOP so evangelicals would not just be another voting bloc but a constituency whose concerns were a priority. “One of my goals was to make certain that evangelicals weren’t used by the GOP in the way blacks were used by the Democratic Party,” he says.

And it’s undeniable that the alliance with George W. Bush carried benefits for evangelicals. Look no further than the Supreme Court, Land points out. “Alito and Roberts are the gifts that keep on giving, and we would have gotten neither one of those without our involvement,” he says. Land predicts that, if he lives out a natural lifespan, he will see Roe v. Wade “thrown onto the ash heap of history.”



The Hobby Lobby case is in many ways a model for the new strategy being pursued by the Religious Right. It represents a way to engage in politics that is less aggressive than the tactics of the previous generation of believers. Back then, the key phrase was “family values”; now, it is “religious liberty.” You see it everywhere—from contraception court cases to legislation to think-tank conferences.



“We’re not unrealistic,” says Perkins of the Family Research Council. “Our focus is more keeping the barbarians at bay, really.” His organization has started working more at the state level on freedom-of-expression laws. “We kind of saw that coming about three years ago and began shifting a lot of our emphasis on religious liberty.”

Fresh From Celebrating Hobby Lobby, Bob Vander Plaats Calls Judicial Review 'Nonsense'

It is truly amazing how conservative activists continue to harp on “judicial activism,” while supporting sweeping judicial decisions that happen to go their way.

For instance, just a couple of weeks ago, Bob Vander Plaats of The Family Leader was celebrating the Supreme Court’s decision in the Hobby Lobby case but today he talked with James Dobson about how when it comes to gay rights cases “the Supreme Court is starting to believe that they are the Supreme Being” and calling the principle of judicial review “nonsense.”

Vander Plaats and Dobson both lamented the Supreme Court’s 1803 decision in Marbury v. Madison, which established the principle of judicial review, which Vander Plaats said meant “we’ve had 50 years of law school teaching the lawyers that no, the courts do make law, which is complete nonsense. And God help us if that ever becomes the rule in our day.”

Vander Plaats and Dobson echoed Mike Huckabee, who insisted last month that "this notion that when the Supreme Court says something it’s the last word is fundamentally unconstitutional and wrong."

Later the “Family Talk” interview, Vander Plaats told Dobson that Americans’ pursuit of “all sort of lustful living” has made us God’s “prodigal son.”

"I just hope we're not feeding with the pigs when we decide to turn back to Him," he added.


 

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Supreme Court Posts Archive

Brian Tashman, Monday 11/17/2014, 1:40pm
Phil Burress, head of the Ohio-based Citizens for Community Values, thinks that the American people will revolt if the Supreme Court makes a sweeping ruling in favor of marriage equality. Speaking over the weekend with Mission America’s Linda Harvey, Burress said he feared that the Supreme Court “will force same-sex marriage on all fifty states,” adding that “the nation is not going to stand for this.” Burress added that in the event of such a ruling anti-gay activists will be forced to reorganize and launch a new campaign to amend the Constitution: “I... MORE
Brian Tashman, Wednesday 11/05/2014, 3:55pm
A flood of outside spending, much of it undisclosed “dark money,” helped Republicans make significant gains in yesterday’s elections. The Supreme Court’s 2010 Citizens United decision helped trigger the campaign spending avalanche, and so it come as no surprise that Citizens United’s leader David Bossie took a victory lap today in a press conference of conservative activists reacting to the election results. “Citizens United, our Supreme Court case, leveled the playing field and we’re very proud of the impact that had in last night’s election,... MORE
Brian Tashman, Tuesday 10/14/2014, 2:00pm
On his radio program yesterday, Family Research Council President Tony Perkins criticized marriage equality supporters for trying to “marginalize and silence those who support traditional marriage,” warning that the success of the gay rights movement will have grave consequences. Despite the recent string of court victories in favor of marriage equality, Perkins said “marriage will be an issue” on the campaign trail that “will not go away because it’s rooted in nature.” “You can act like it’s not there, you can act like gravity doesn... MORE
Brian Tashman, Friday 10/10/2014, 11:10am
Linda Harvey of Mission America warned on her radio bulletin yesterday that America has entered “a time of possible civil disobedience” following the Supreme Court’s recent marriage equality announcement, telling listeners that “we must not serve the interests of sin and darkness” and “this court’s inaction is an act motivated by evil and deception and ultimately will not stand.” “This is attempted theft of what God has ordained and our Lord will not honor this lawlessness,” Harvey said. “Allowing homosexuality to become normal... MORE
Brian Tashman, Friday 10/10/2014, 10:10am
Incensed with the Supreme Court’s recent decision to turn down appeals of several marriage equality rulings, Pat Buchanan fears that Americans, a “once-free people,” are now “under the rule of a judicial dictatorship.” Buchanan writes in his syndicated column today that court rulings in favor of gay rights are just the latest in a long line of decisions that have “ordered the de-Christianization of all public institutions in what was a predominantly Christian country.” “Secular humanism became, through Supreme Court edict, our established... MORE
Brian Tashman, Wednesday 10/08/2014, 12:05pm
Liberty Counsel chairman Mat Staver delivered a blistering response to the Supreme Court’s decision this week not to take-up marriage equality appeals, telling host Jim Schneider of “Crosstalk” yesterday that the court is endangering public health by effectively legalizing same-sex marriage in several states. Staver said same-sex marriage should remain illegal because “we know male-male sexual relationships are notoriously harmful, physically as well as mentally, and also female-female, same kinds of things.” “It’s harmful to the individuals and those... MORE
Miranda Blue, Wednesday 10/08/2014, 9:33am
Conservative talk show host Steve Deace was, to say the least, livid at the news this week that the Supreme Court declined to hear appeals of a number of lower-court marriage equality rulings, thus allowing same-sex couples in several new states to begin marrying. Deace spent a good part of his interview Monday with Religious Right activist Bob Vander Plaats railing against the LGBT rights movement, which he declared is “not about ‘I want to visit people I love in a hospital’ or ‘I want to pass on to people I care about an inheritance’” but is instead about... MORE