Supreme Court

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.


 

Jennifer Roback Morse: 'Thank God For The Men On The Supreme Court' Who Are 'Sticking Up' For Women

In a Christian Post column this weekend, the Ruth Institute’s Jennifer Roback Morse thanks God that the men on the Supreme Court are “sticking up for ‘everywoman’ against the Elite Women,” represented by the women on the Supreme Court who have allowed feminism to help them through their careers.

Morse argues that because Justices Sonia Sotomayor and Elena Kagan are childless, they don’t “understand and respect the lives and aspirations” of women who prioritize children over their careers, while Justice Ruth Bader Ginsburg is a “lifelong radical feminist ideologue.”

Let me tell you about a friend of mine named Katie. She is a brilliant attorney, who works part-time for a non-profit public interest legal organization. Katie has nine children, whom she homeschools. She lives out in the country in coastal California. By any reasonable reckoning, Katie, is "having it all:" big family, country living in one of the most beautiful places on earth, and meaningful, intellectually challenging work.

However, it is safe to say that Katie is highly unlikely to ever be appointed to the Supreme Court. She has other concerns. She does not have the single-minded focus on her legal career that would allow her to be a serious contender.

I too, have had a wonderful advantaged life: meaningful work, good family life. But I never chaired an economics department. I never sat on any prestigious commissions. I wasn't given any political appointment as my childless or male peers have done.

Which brings me back to the subject at hand: whose interests do the women on the Supreme Court actually represent?

Ruth Bader Ginsburg is a lifelong radical feminist ideologue. She came of age in the short window of time when women could still get married, have kids, go to law school, and have a career after child-bearing. Her two children were born when she was 22 and 32. Thanks to radical feminism, highly educated women have a much more difficult time doing these things. They can go to law school and have a career alright. But getting married and having children sometime before menopause, not so much.

Justice Ginsburg had the lifelong support of her husband in her career aspirations. Thanks to no-fault divorce, women today cannot count on a lifetime of mutual support with their husbands. Justice Ginsburg has been safely insulated from the negative fallout of the sexual revolution which she and her radical feminist colleagues did so much to champion.

The other two women on the Supreme Court, Justices Kagan and Sotomayor, are childless. It is highly unlikely that the two of them understand and respect the lives and aspirations of women like my friend Katie and me. And for less educated women, family is everything and "career" is a job to put food on the table. Elite women know nothing of "everywoman," the people who have endured the sexual revolution, and who do not have high status jobs as compensation.

Women like Katie and I are willing to let ourselves see the harm that the Sexual Revolution had done to the poor. Our lives do not depend on defending the Sexual Revolution. By contrast, for many Elite Women, the sexual revolution has made possible their lives as they know them. They literally cannot imagine what their lives would be like without contraception, with abortion as a back-up plan.

As I say, Katie and I will never occupy the seats of power that are available to childless women. We have many achievements to our credit, but Elite Women will run the show. We have good lives: I do not regret for one moment, the choices I have made. But there is no getting around it: childless women have an advantage over mothers in the competition for power and influence.

All I can say is: thank God for the men on the Supreme Court. At least someone is sticking up for "everywoman" against the Elite Women.

Samuel Alito: A Movement Man Makes Good On Right-Wing Investments

Supreme Court Justice Samuel Alito ended this Supreme Court session with a bang, writing the majority opinion in two cases that gave for-profit corporations the right to make religious liberty claims to evade government regulation and set the stage for the fulfillment of a central goal of the right-wing political movement: the destruction of public employee unions.

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

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

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

Indeed.

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

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

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

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

The Time A Corporation Cited Religious Freedom As A Way To Avoid Desegregation

In her dissent in the Hobby Lobby case today, Justice Ginsburg mentioned a 1968 precedent in which the owner of a chain of barbecue restaurants in South Carolina “refused to serve black patrons based on his religious beliefs opposing racial integration.”

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

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

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

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

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

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

UPDATE: TPM has more on this.

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

Religious Right Reacts To Hobby Lobby Decision: A Victory Over King George III And 'Subsidized Consequence Free Sex'

The Religious Right’s reaction to the Supreme Court’s decision in the Hobby Lobby case — in which the Court’s conservative majority ruled that some for-profit businesses must be exempt from the Affordable Care Act’s contraception coverage mandate — has started rolling in.

Erick Erickson sees the decision as a victory over the promiscuous:

Eric Metaxas thinks King George III would have been on the side of contraceptive insurance:

The Franciscan University of Steubenville compared businesses that don’t want to provide their employees with contraception coverage to religious martyrs in ancient Rome:

Steve Deace called the Green family, which owns the Hobby Lobby chain, "the Rosa Parks of the religious liberty fight" and urged the movement not to "settle" with just the Hobby Lobby victory:

If we play our cards right, and God grants us a favor, we can use this as a momentum changer. That’s mainly thanks to the Green family, who just became the Rosa Parks of the religious liberty fight. Just as her refusal to comply with an unjust edict on a bus one day blew the lid off the civil rights movement, perhaps the Greens’ refusal to comply with Obamacare’s unjust edict can accomplish the same for a similarly worthy cause.

But that won’t happen if we “settle” for this win like we have all too many others.

AFA’s Bryan Fischer thinks he knows Chief Justice John Roberts’ motivation to vote with the Court's majority:

And finally, the American Family Association is taking a poll:

Hobby Lobby Opens Up A Minefield

With a far-right Supreme Court majority ruling in Hobby Lobby 5-4 that for-profit closely-held corporations have religious rights under the Religious Freedom Restoration Act (RFRA), Justice Ginsburg is rightly warning that the Court has "ventured into a minefield."

Hobby Lobby: Religious Rights For Secular For-Profit Corporations … Just This One Time

Writing for the majority in the Hobby Lobby case, Justice Alito emphasized [PDF] that the ruling, which partly overturned the Obama administration’s rules on birth control coverage, does not apply to other cases involving religious objections to government regulations:

This decision concerns only the contraceptive mandate and should not be understood to hold that all insurance-coverage man-dates, e.g., for vaccinations or blood transfusions, must necessarily fall if they conflict with an employer’s religious beliefs. Nor does it provide a shield for employers who might cloak illegal discrimination as a religious practice.



In any event, our decision in these cases is concerned solely with the contraceptive mandate. Our decision should not be understood to hold that an insurance-coverage mandate must necessarily fall if it conflicts with an employer’s religious beliefs. Other coverage requirements, such as immunizations, may be supported by different interests (for example, the need to combat the spread of infectious disease) and may involve different arguments about the least restrictive means of providing them.

Apparently, the Supreme Court has determined that contraception, unlike immunizations, just doesn’t cut it in terms of public health.

In a footnote, Alito cites findings of the Centers for Disease Control and Prevention to back up claims that the government should be allowed to require immunizations over the religious objections of people who oppose vaccinations.

Of course, the contraception rule, the New York Times points out, “relied on the recommendations of the Institute of Medicine, an independent group of doctors and researchers that concluded that birth control is not just a convenience but is medically necessary ‘to ensure women’s health and well-being.’”

It is undeniable that the advent of contraception, used by around 99 percent of sexually active women, and family planning has had an extraordinary impact on public health on a level similar to the creation of new vaccines. Unless, of course, your worldview leads you to believe that such pills are simply used by women as tools to have an abortion.

Justice Ginsburg points out in her dissent that the Supreme Court has rejected past religious objections to generally applicable rules from non-persons, including church-operated schools:

And where is the stopping point to the “let the government pay” alternative? Suppose an employer’s sincerely held religious belief is offended by health coverage of vaccines, or paying the minimum wage, see Tony and Susan Alamo Foundation v. Secretary of Labor, or according women equal pay for substantially similar work, see Dole v. Shenandoah Baptist Church? Does it rank as a less restrictive alternative to require the government to provide the money or benefit to which the employer has a religion-based objection?

Indeed, the high court previously rebuffed religious-based challenges to laws regarding the minimum wage, equal pay and regulation of illicit drugs.

Religious groups that believe in the subservience of women, reject vaccines and blood transfusions or seek to use controlled substances as part of religious rituals, according to the majority opinion, don’t have as much “religious liberty” than a secular for-profit corporation such as Hobby Lobby.

Ginsburg adds:

Hobby Lobby and Conestoga surely do not stand alone as commercial enterprises seeking exemptions from generally applicable laws on the basis of their religious beliefs. See, e.g. Newman v. Piggie Park Enterprises, Inc (owner of restaurant chain refused to serve black patrons based on his religious beliefs opposing racial integration)…

[H]ow does the Court divine which religious beliefs are worthy of accommodation, and which are not? Isn’t the Court disarmed from making such a judgment given its recognition that “courts must not presume to determine…the plausibility of a religious claim?”

Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)?

[A]pproving some religious claims while deeming others unworthy of accommodation could be “perceived as favoring one religion over another,” the very “risk the Establishment Claus was designed to preclude.”

While Alito stresses that only closely-held corporations are involved in this case, what about a company board dominated by Jehovah’s Witnesses, Christian Scientists, or evangelicals like David Barton who believe “that the Bible opposes the minimum wage, unions and collective bargaining, estate taxes, capital gains taxes, and progressive taxation in general”?

With Congress currently debating the Employment Non-Discrimination Act, what if Hobby Lobby’s owners cited their religion as a reason to discriminate against LGBT employees? Or refuse to cover HIV/AIDS treatments?

With this ruling, it seems that the court wants to decide for itself what counts as a necessary government strategy to protect public health, and what doesn’t.

NC Lt. Gov. Dan Forest: America 'Must Decide For Or Against God'

North Carolina Lt. Gov. Dan Forest followed Texas Lt. Gov. candidate Dan Patrick to the microphone at the Faith and Freedom Coalition’s 2014 Road to Majority conference. Forest joked about following another “Lieutenant Dan” and said he’d been backstage crossing things out because Patrick was already saying them. Indeed, Forest’s comments about the Constitution being grounded in “biblical truth” echoed Patrick’s Christian-nation address. “My friends,” Forest said, “America is at a great crossroads where it must decide for or against God.”

Excerpts from Dan Forest's remarks:

Forest quoted George Washington and Abraham Lincoln writing about the nation relying on God’s aid, and he said that the Declaration of Independence’s assertion that all men are created equal and endowed by their creator with the unalienable rights of life, liberty, and the pursuit of happiness was “one small declaration from tyranny, one giant declaration of dependence upon Almighty God.”

American leaders, he said, continued to rely on God until Supreme Court rulings on church-state separation:

In America, as time moved on, our leaders sought the help of the Lord through the great and terrible Civil War, through a Great Depression, through two great world wars and numerous other conflicts. Then, in 1947 our Supreme Court separated church and state and placed a high wall between the two. In 1962 our Supreme Court removed prayer from our public schools. In 1973, our Supreme Court ruled that it was OK to kill children still in the womb. In the span of a mere 25 years, we, the people allowed our nation to turn its back on God in the name of independence and freedom.

And he began a litany of ways he said America had turned its back on God:

We have forgotten God and we call it freedom.

We kill our children for convenience, and we call it freedom.

We enslave our poor in welfare and call it freedom.

We take from the hard working and give to the sluggard in the name of income equality and call it freedom.

We allow our children to become addicted to pornography in the name of free speech and we call it freedom.

We rack up mountains of debt on the backs of our grandchildren and we call it freedom.

We reward the criminal at the expense of the victim and we call it freedom.

We take God out of our schoolhouse, out of our statehouse, out of our courthouse and we call it freedom.

We allow a few individuals in the courts to determine the moral standard for all and we call it freedom.

Forest said the country must choose between “policy band-aids” and getting at the root of problems, which is that we as a nation have taken our eyes of God, “who is the giver of truth, virtue, and a moral compass.”

The heart of the matter is we have forgotten God. We have kicked him out of our house, out of our schoolhouse, out of our courthouse, and out of our statehouse, and now, out of our nation. We call it everything but what it is, we call it everything but sin, the turning away from God.

He said that the national focus on rebuilding after the 9/11 attacks was done in the name of freedom and security, but that we did it by our own strength rather than relying on God.

We don’t just need, my friends, to rebuild the walls of America. We need to rebuild the biblical foundation upon which the walls sit. We need to trust God. Fear only comes when we don’t believe that God is who he says he is. If God is the creator of the universe, if he allows our hearts to beat and our lungs to breathe, why do we not trust him? If we trust God, my friends, there is nothing we can’t accomplish. With him we can do anything. Apart from him we can do nothing. Seek first his kingdom and all these things will be given.

We continue to declare ‘God Bless America’ without doing our part, without prayer, without fasting, and repentance as a nation, without recognizing the sins we commit and humbling ourselves before the sovereign ruler of nations, and asking for forgiveness.

It is time for America to recognize that freedom does not come from being a nation of wealth, power, influence, abundance, and ease – but rather it comes from being a humble nation on its knees. It behooves us then, to humble ourselves before the offended power, to confess our national sins, and to pray for clemency and forgiveness.

 

Mike Huckabee's 2016 Themes? God In Textbooks And Attacks On Judges

Part of the Christian-nation lineup at this weekend’s Faith and Freedom Coalition Road to Majority conference was former Arkansas Gov. Mike Huckabee, a right-wing media figure and former (and likely future) presidential candidate.

Excerpts from Huckabee's remarks:

Huckabee said that he and his wife recently went to China to celebrate their 40th anniversary. He said he hadn’t been earlier because he doesn’t like the Chinese government — citing piracy and dumping but, oddly, not China’s repression of dissent and religious freedom.

He praised the flowering of entrepreneurship in China, saying the country is becoming more like America used to be and America is becoming more like China used to be. Huckabee compared NSA spying to Chinese control over Internet access. And more absurdly, he equated the Chinese government’s erasure from history of the massacre of protesters at Tiananmen Square with what he said was our country’s treatment of the role of God in America’s founding.

“And I thought I’m so glad that I’m in a country that would never erase a significant part of our history, and then I remember that we are erasing most of the history of this country. We’re telling young people that God had nothing to do with the foundation of this country when in fact there wouldn’t be a United States of America if it were not for the men and women of faith who got on their knees to pray and then got on their feet to fight, who took muskets off their mantles and took on the toughest  army that had ever existed in the world at that time and had no chance of creating a new country, but they did -- because of the Providence of God’s hand. And you try to find that in an American textbook today in a public school, and good luck doing it.

Maybe Huckabee’s desire to have public school textbooks teaching that God was behind America’s founding reflects the fact that he’s been hanging out with Christian-nation zealot David Lane, who wants to make the Bible a primary public school textbook. CBN’s David Brody reported on Friday that Lane has organized a European trip for Huckabee and pastors from key primary states.  Huckabee says the trip, called “Reagan, Thatcher, Pope John Paul II Tour: God Raising Extraordinary Leaders for Extraordinary Times,” is an opportunity to show “the human instruments used by God to change the world’s history.”

Huckabee clearly has a hankering to put himself in that category. At the Faith and Freedom conference, he railed against government regulation and “irrational people” running the government. He said abortion is “a curse for which we will answer.” He also signaled what may be a defining campaign issue if he decides to run: an attack on the federal courts.

And one of the things that I do not understand is why more Americans have not rallied in opposition to the notion that just because the Court says something that that is the final word. Have we not read our Constitution? Have we not reminded ourselves that we have three branches of government, not one, and all of those three branches are equal branches of government. One is them is not superior to either of the other two, and certainly not to both of the other two. This notion that when the Supreme Court says something it’s the last word is fundamentally unconstitutional and wrong. It is the Supreme Court, not the supreme branch.  And we have allowed guys and women in black robes not simply to interpret a law, but to transform a law, rewrite a law, and actually prescribe the fix and implement it, two responsibilities and functions that are left exclusively and totally to the legislative and executive branches.

It is high time that we recognize that one of the greatest threats to our liberty in this land is the notion of judicial supremacy. There is no such thing in the Constitution of judicial supremacy, and one of the ways in which we must transform America, unlike the way that our current occupant of the White House has transformed America, is to teach our children and to teach our peers that ultimately the authority in this country is not the courts, nor is it even the legislature or the executive branch, the ultimate authority in this country still remains the people of America, We the People.   And if we don’t truly believe that and exercise that, we will lose this country not because we have to, but because we have given it away.

Huckabee that he is optimistic, because there has never been a greater opportunity to show what freedom looks like – and it’s not just because there are a lot of conservative activists motivated to fight.

It’s because I believe that there is a God, and that his country would not be here without him, and that if this country will get on its knees and it will ask God’s forgiveness for how we have behaved. It’s not about the people who hate us, it’s about those of us who decide we wanna love God more than we wanna hate our enemies. And when we get on our knees in forgiveness, God will heal our land and He will restore us.

To those at the conference who seem overly pessimistic about the state of the country and the world, he said he’s “read the end of the book,” and his message is, “In the end, we win, and that’s good news.”

NOM's John Eastman Compares Supreme Court's DOMA Decision To Dred Scott

In his speech to the March for Marriage today, National Organization for Marriage chairman John Eastman compared the Supreme Court’s decision striking down a key part of the discriminatory Defense of Marriage Act to the infamous Dred Scott decision.

Eastman cited Justice Scalia’s “call to arms” in his dissent to the DOMA decision, paraphrasing it as, “the court should never take away controversial issues away from the voters in this country.”

“The last time the court tried to do that a century and a half ago on the slavery question, Abraham Lincoln refused to comply,” he said.

Tony Perkins Will Have A Lonely Revolution Against Gay Marriage

Operation American Spring. Truckers Ride for the Constitution. Reclaim America Now.

All were right-wing efforts to literally overthrow President Obama. None of them exactly worked.

In 2012, Family Research Council president Tony Perkins similarly warned of an anti-government uprising if the Supreme Court were to strike down bans on same-sex marriage. “I think that could be the straw that broke the camel’s back,” he said, warning that such a ruling would mean “you could have a revolt, a revolution, I think you can see Americans saying ‘enough of this’ and I think it could explode and just break this nation apart.”

In case you thought that was just a one-time gaffe, Perkins maintained a year later that if the government “goes too far” on marriage equality, it would “create revolution” and “literally split this nation in two and create such political and cultural turmoil that I’m not sure we could recover from it.”

That brings us to a poll released today by the Human Rights Campaign and conducted by Alex Lundry, who served as Mitt Romney’s data director in 2012. Respondents to the poll were read Perkins’ “revolution” remarks verbatim. Unsurprisingly, only a tiny handful agreed with him, and even most opponents of marriage equality didn’t buy into his idea of an anti-gay revolution.

Conducting his poll at the beginning of June, Lundry didn’t find much support for that kind of revolt when the quote was read to respondents, with 59 percent overall disagreeing with Perkins. Of people who said they were opposed to gay marriage, 58 percent said they wouldn’t do anything, despite disagreeing and being disappointed in the decision.

“Only one directly mentions the word ‘revolution,’ five voters threaten to leave the country, and a scant fifteen people (3% of opponents) mention any form of protest,” reads a prepared polling memo. “Clearly, there is no real threat of widespread calamity should we extend the freedom to marry to gays and lesbians.”

Support for gay marriage is at 56 percent, with 37 percent opposed, squaring with public polls. Asked to rate the degree of their support, 44 percent said they “strongly” support legalization, with only 28 percent opposed.



Those feelings are reflected in some of the other answers to the survey: 74 percent of people said their lives wouldn’t change with legalized gay marriage, and among those who did foresee a change, many rated it as one that would be for the better.

But we don’t expect Perkins to be deterred. The only poll on the topic that the Family Research Council president appears to believe was sponsored by his organization and only surveyed Republicans and Republican-leaning independents.

Bryan Fischer: Reading Clarence Thomas Is Like 'Listening To Myself'

American Family Association spokesman Bryan Fischer said on his radio program today that he loved Justice Clarence Thomas’s concurring opinion in Town of Greece v. Galloway so much that after reading an excerpt to his audience, he remarked, “I’m reading this and I’m thinking, man, I’m listening to myself.”

As Peter noted, Thomas argued that “the Establishment Clause of the First Amendment does not apply to the states at all,” a view shared by Fischer.

“Clarence Thomas is sounding like me,” Fischer said. “There’s no restrictions on what states can do, according to the First Amendment.”

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Supreme Court Posts Archive

Peter Montgomery, Tuesday 08/19/2014, 3:47pm
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... MORE
Peter Montgomery, Thursday 07/31/2014, 11:28am
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... MORE
Peter Montgomery, Thursday 07/24/2014, 12:52pm
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... MORE
Peter Montgomery, Tuesday 07/22/2014, 12:16pm
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... MORE
Brian Tashman, Monday 07/14/2014, 12:40pm
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... MORE
Brian Tashman, Friday 07/11/2014, 12:00pm
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... MORE
Miranda Blue, Thursday 07/10/2014, 12:04pm
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... MORE