Supreme Court

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.”

What If Hobby Lobby Wins?

David Barton, an influential conservative activist who helped write the Republican Party’s 2012 platform, argues that the Bible opposes the minimum wage, unions and collective bargaining, estate taxes, capital gains taxes, and progressive taxation in general. Should a company whose owners share Barton’s views be allowed to ignore laws that protect workers by claiming that those laws violate the company’s religious beliefs?

That’s a questions being asked as the U.S. Supreme Court considers whether it will recognize for the first time ever that for-profit corporations can make religious freedom claims under federal law.

When an actual human being goes to court with a claim that the federal government is violating their freedom to practice their religion, judges consider several questions in applying the Religious Freedom Restoration Act: Does the law or policy in question place a substantial burden on the person’s religious exercise? If so, can it be justified because the law is advancing a compelling government interest and doing so in the least restrictive way?

That’s pretty straightforward, even if individual cases require tough judgment calls about what constitutes a substantial burden and a compelling government interest. But what happens when a for-profit corporation claims a law violates its exercise of religion? Can a business have a religious conscience?

That crucial question is being considered by the Supreme Court in two cases brought by for-profit corporations claiming their religious freedom is violated by a requirement that their insurance plans include comprehensive contraception coverage. In Sebelius v. Hobby Lobby Stores and Conestoga Specialties Corp. v. Sebelius, business owners say their companies should not be required to provide their employees with insurance that covers kinds of contraception that violate the business owners’ religious beliefs or what they say are the religious beliefs of the corporation itself.

Legal scholars have weighed in on both sides of the claim. While federal courts have never recognized a for-profit corporation’s right to make a religious exercise claim, they have also never explicitly ruled that there is no such right. In the cases now before the Supreme Court, two appeals courts disagreed with each other. The Tenth Circuit sided with Hobby Lobby but the Third Circuit said, “[W]e simply cannot understand how a for-profit secular corporation—apart from its owners—can exercise religion.”

If the Supreme Court sets a new precedent granting for-profit corporations a soul, so to speak, where will it end? Law professors Ira Lupu and Robert Tuttle warn that it would produce “a massive redistribution of legal leverage away from employees and to their employers.” And, they write, “If Hobby Lobby’s claims prevail…other employer claims under RFRA will be very difficult to deny. Some current cases involve objections to coverage of all pregnancy prevention services. In the future, others may involve protection of employees with respect to different medical services, collective bargaining, family leave, or invidious discrimination.”

The Becket Fund, the conservative legal group representing Hobby Lobby, dismisses concerns about opening the floodgates to all kinds of religious objections, saying it hasn’t happened under RFRA to date. But of course, no Court has yet invited the flood of objections by giving business owners the right to claim corporate exemptions for religious belief.

Justice Elena Kagan raised this concern during oral argument, asking Hobby Lobby’s lawyer Paul Clement about employers who might have religious objections to sex discrimination laws, minimum wage laws, and child labor or family leave laws. Clement said he doubted the “parade of horribles” would happen. But Justice Kagan replied that if the Court were to adopt his argument, “then you would see religious objectors come out of the woodwork with respect to all of these laws." Solicitor General Paul Verrilli noted that if the Court grants corporations a right to make free exercise claims, judges will have to grapple with potential harm to employees and other third parties.

But it’s not just employees who could be hurt by such a ruling – it could be companies themselves. David Gans, writing for Slate, made an interesting observation: corporate America is staying out of this case almost completely, which is surprising given its eagerness to use federal courts to promote corporate interests. Gans says that not a single Fortune 500 company filed a brief in the case. Neither did the Chamber of Commerce or the National Federation of Independent Business. The corporate voices that did weigh in — the U.S. Women’s Chamber of Commerce and the National Gay and Lesbian Chamber of Commerce — oppose Hobby Lobby’s claims because recognizing a corporate right to the free exercise of religion would “wreak havoc in corporate boardrooms.”

Gans cites a brief from a group of corporate law scholars “who argued that Hobby Lobby’s argument would eviscerate the fabric of corporate law” because ascribing a business owner’s religious views to the corporation would treat the owner and company as one and the same. “Such an unprincipled, idiosyncratic exception from corporate law fundamentals, the scholars argued, would breed confusion in the law, lead to costly litigation, and undermine critical aspects of corporate law designed to spur creativity and innovation.”

Mary Ann Glendon, a law professor who serves on Becket’s board, has argued that if we want businesses to behave responsibly, “they must be treated as having some moral agency.” The Supreme Court, she says, “should take the opportunity to confirm that businesses can and should have consciences.” It’s a nice thought. But given right-wing efforts to merge the Tea Party and Religious Right, and foster a growing belief that far-right economics and anti-government ideology are grounded in religious dogma, it seems highly unlikely that the consequence of giving conservative business leaders a powerful new tool for undermining government regulation would be more socially responsible corporate behavior.

American Decency Association: Gay Rights Have Turned America Into North Korea

Anti-gay activists are incensed that the Supreme Court declined to hear an appeal by a New Mexico photographer who violated the state’s anti-discrimination laws, and the American Decency Association is citing the case as proof that the United States has morphed into North Korea.

“Have we been transported to North Korea? Since when do we have to check our First Amendment freedoms at the door in order to live and work as a citizen of the United States?” the group asked, lamenting that the government is bent on “forcing Christians to closet their faith and bow before our nation’s golden idol giving glory, laud, and honor to all things homosexual.”

Each week it seems the courts and the culture delivers another blow in their attempt to take down biblical truth. Yesterday the U.S. Supreme Court announced their refusal to hear the appeal case of Elaine Huguenin, the New Mexico photographer who was found guilty and punished by the New Mexico Supreme Court for putting her faith into practice – politely declining a request to take pictures of a lesbian couple’s “commitment ceremony” due to her religious beliefs.



With the U.S. Supreme Court’s refusal to hear this case and weigh in on the constitutional issue of religious rights vs. “gay rights” the justices have, in essence, spoken by their silence. And the verdict is that “gay rights” wins and the First Amendment loses.

The appalling New Mexico ruling will stand. A ruling where one justice actually stated that Christian business owners are “now compelled by law to compromise the very religious beliefs that inspire their lives." The ruling by this court went on to state that such coercion is "the price of citizenship."

The “price of citizenship”?? Have we been transported to North Korea? Since when do we have to check our First Amendment freedoms at the door in order to live and work as a citizen of the United States? What happened to the land of the free where we have the free exercise of religion?



Yet that is exactly what the government is doing (with a complicit stamp of approval from the U.S. Supreme Court) – forcing Christians to closet their faith and bow before our nation’s golden idol giving glory, laud, and honor to all things homosexual.

How Much Congressional Representation Does Billionaire Shaun McCutcheon Have?

This post originally appeared on the People For blog.

Chief Justice Roberts caps his opinion in McCutcheon v. FEC by waxing eloquently about the need to ensure that elected officials are responsive to the people. This and other cases have described campaign contributions as a way to promote such responsiveness. But considering that this case is about a non-constituent buying influence in elections across the country, the passage's repeated references to constituents seems strangely out of place:

For the past 40 years, our campaign finance jurisprudence has focused on the need to preserve authority for the Government to combat corruption, without at the same time compromising the political responsiveness at the heart of the democratic process, or allowing the Government to favor some participants in that process over others. As Edmund Burke explained in his famous speech to the electors of Bristol, a representative owes constituents the exercise of his "mature judgment," but judgment informed by "the strictest union, the closest correspondence, and the most unreserved communication with his constituents." Constituents have the right to support candidates who share their views and concerns. Representatives are not to follow constituent orders, but can be expected to be cognizant of and responsive to those concerns. Such responsiveness is key to the very concept of self-governance through elected officials. (emphasis added, internal citations removed)

Shaun McCutcheon – whose contributions are at issue in this case – told the Court that he wanted to make contributions of $1,776 to each of more than two dozen different congressional candidates (as well as to various party committees) during the 2012 election cycle. It seems unlikely that he could have been a constituent of more than two dozen different members of Congress.

Obviously, people have a First Amendment right to participate in congressional races outside of where they live. But a stirring paragraph about political responsiveness to constituents hardly seems appropriate in a case that is all about political responsiveness to non-constituents.

Supreme Court's McCutcheon Decision Is Great News For Billionaires

This post originally appeared on the People For blog.

The Supreme Court's McCutcheon opinion, released this morning, is another 5-4 body blow to our democracy. To justify striking down limits that cap aggregate campaign contributions during a single election cycle, the Roberts Court ignores the way the world really works and makes it far more difficult to justify much-needed protections against those who would purchase our elections and elected officials.

Americans are deeply concerned that control of our elections and our government is being usurped by a tiny sliver of extremely wealthy and powerful individuals (and the corporations they control). That is not the democracy that our Constitution established and protects. The enormous impact of money in politics can destroy a democracy, undermining its foundations by disconnecting elected officials from the people they are supposed to serve and eroding the trust of the people in their system of government.

But the Roberts Court today stressed that campaign contributions can be justified under the First Amendment only if they address "quid pro quo" corruption – i.e. bribery – despite contrary pre-Citizens United holdings with a broader and more realistic vision. A democratic system rotting at its core – a government of, by, and for the wealthy – is not corrupt in their eyes.

If a wealthy person gives millions of dollars to a party (distributed to the party's multiple candidates and PACs across the country), he clearly exercises enormous influence over the laws that get passed. What the voters want becomes far less relevant, because it's the billionaire whose money is vital to getting elected. A government where elected officials allow a few plutocrats to have enormous access and influence over their policies is not an indication of a healthy government of, by, and for the people.

As Justice Breyer write in his McCutcheon dissent:

Today a majority of the Court overrules this holding [Buckley's 1976 upholding of aggregate limits]. It is wrong to do so. Its conclusion rests upon its own, not a record-based, view of the facts. Its legal analysis is faulty: It misconstrues the nature of the competing constitutional interests at stake. It understates the importance of protecting the political integrity of our governmental institutions. It creates a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate's campaign. Taken together with Citizens United v. Federal Election Comm'n, 558 U. S. 310 (2010), today's decision eviscerates our Nation's campaign finance laws, leaving a remnant incapable of dealing with the grave problems of democratic legitimacy that those laws were intended to resolve.

Americans are organizing around the country to restore our democracy in light of Citizens United and other dangerous court opinions. Today's McCutcheon opinion gives us another reason to rally.

Last year, People For the American Way Foundation released an analysis of McCutcheon within the context of the Supreme Court's past rulings on campaign finance.

Eagle Forum: Marriage Equality Cases Put America 'In The Danger Zone'

Eagle Forum’s Virginia Armstrong, who leads the group’s Court Watch Project, writes in a “Court Watch briefing” today that the Supreme Court’s recent decisions on the Defense of Marriage Act and Proposition 8 have displaced the “Judeo-Christian/Constitutionalist worldview” in favor of “Humanism/Reconstructionism,” which she warns “wreaks havoc with the concepts of absolute truth and inherent logic of the Law.”

Armstrong writes that the gay rights cases have pushed America to the “breaking point” and into the “danger zone” that will undermine the rule of law.

Has America has bent over backwards too far in its spiritual, moral, and constitutional life so that we are in danger of “breaking”? This question is central to our current series of Court Watch Briefings. The question has been precipitated by America’s Culture War and echoes the anguished cry of the Father in the famous musical production, “Fiddler on the Roof,” who felt that revolutionary changes in his world were pushing him to the “breaking point.”

We are proving that America is indeed in the “danger zone” and is in dire need of a massive “straightening up process.” Nothing more clearly demonstrates this fact than the recent same-sex marriage decisions of the U.S. Supreme Court — Perry v. Hollingsworth and Windsor v. U.S.



The Humanist/Reconstructionist position on epistemology is fatally flawed at every turn, as revealed in the pro-homosexual court decisions in Hollingsworth v. Perry and Windsor v. U.S. We must remember that Perry/Windsor reflect far more than the specific issues and positions of the immediate parties to the cases. Rather, they afford us a panoramic view of the entire homosexual rights battle and should be viewed in that light.



The real conflict in Perry/Windsor and similar cases is that of the whole Culture War conflict — the War of Worldviews between Humanism/Reconstructionism and the Judeo-Christian/Constitutionalist worldview. What is at stake, as Harold Berman demonstrates in his analysis (to which we have been referring), is the “very collapse of our entire Western legal tradition.” The Perry/Windsor epistemology wreaks havoc with the concepts of absolute truth and inherent logic of the Law — key components of the Western legal tradition outlined by Professor Berman. And as Nancy Pearcey of Houston Baptist University’s Schaeffer Center so cogently states, “The clash between these two understandings of morality [the Judeo-Christian v. the Humanistic] will determine whether liberty is gained or lost in the 21st century. It is imperative to reassert the transcendent moral truths that undergird freedom in every society.”

Todd Starnes Suggests God Opposes Obamacare

In a radio bulletin yesterday about today’s Supreme Court hearing on Hobby Lobby’s challenge to Obamacare’s contraception mandate, Fox News commentator Todd Starnes said that the case really presents a choice between Obamacare and God: “Obamacare takes on the Almighty tomorrow at the Supreme Court.”

Starnes said that the contraception mandate will “force” Christians to pay for “life-terminating drugs” and will let “Obamacare trump religious liberty.”

However, as Tiffany Stanely of The Daily Beast notes, “the contraceptives in question” are “not being used to terminate established pregnancies.”

Vander Plaats: DOMA Decision Provoked A 'Constitutional Crisis' Because It Defied the Bible

Leading Iowa religious right figures Bob Vander Plaats and Steve Deace got together on American Family Radio today to discuss potential 2016 Republican presidential candidates and how they can move them even further to the right, as they did in 2012.

Eventually, the discussion moved to Kentucky Sen. Rand Paul, who provoked conservative ire when he said that the Supreme Court’s decision striking down the Defense of Marriage Act was appropriate and would help avert “a culture war.”

Deace said that Justice Anthony Kennedy’s majority opinion in the case was actually “an anti-Christian polemic” that he would “expect to be reading…at Mother Jones.”

Vander Plaats agreed, saying that Kennedy had in fact provoked a “constitutional crisis” by “defying the law of nature and the law of nature’s God” and “going against the document that predates the Constitution.”

How Big Money Bought North Carolina for Extremists

In the years since Citizens United, North Carolina has provided a clear example of what happens when a small number of corporate interests, allied with a far-right base, are allowed unbridled influence over elections.

Faith and Freedom Coalition Warns Democracy No Longer Exists As A Result Of Gay Marriage Cases

Faith and Freedom Coalition executive director Gary Marx has written a column for the Christian Post in which he claims that the Supreme Court’s rulings on DOMA and Proposition 8 have made our democracy only an illusion. After accusing the court of “dismantling American democracy” in their gay rights decisions, Marx lambastes the justices for turning America into “a nation where democracy is a mere visual effect used to spawn a perception of self-rule that no longer ultimately exists.”

“The Supreme Court has now served notice to liberty advocates that it is game on,” Marx writes. Despite the fact that a majority of Americans favor marriage equality, he claims that “traditional marriage activists” actually “vastly outnumber their opponents” and will prevent the court’s attempt “to trump the political will and wisdom of its citizens.”

If there was any doubt that the Supreme Court of the United States continues to vastly overextend its powers in ways that are dismantling American democracy and liberty, this summer's decisions striking down a core component of the 1996 Defense of Marriage Act (DOMA) and remanding California's Proposition 8 should settle the question.

How great is this threat? Put it this way: No component of American liberty or democracy is inherently safe if, as it did earlier this week, the highest court in our land is permitted to trump Constitutional principles and the political will of the American people with a progressive political and social agenda rooted in neither.



The stakes in this current cause could not be much higher. When a portion of the Supreme Court can flippantly toss aside the political will of the people on issues that are rightfully empowered to the people to decide, as this Court now has done, we no longer reside in a nation guided by our people and laws. Rather, America becomes a nation where democracy is a mere visual effect used to spawn a perception of self-rule that no longer ultimately exists.

This is the bad news for liberty loving Americans. But the Supreme Court's rulings bring good news too. Contrary to the image depicted in mainstream media, the American people are awakening to the reality of its elitist, progressive courts – and it is a reality, as Justice Antonin Scalia properly argued in his dissenting view on DOMA, that is "jaw dropping". In striking down the will of elected Members of Congress and a President of the United States (with DOMA) and the people of California (with its Proposition 8 ruling), the Supreme Court has now served notice to liberty advocates that it is game on. That is a calling that the American people will surely answer.

Additionally and importantly, the rulings in no way settle much of anything as it relates to the future of traditional marriage. DOMA may be no longer, but we at the Faith and Freedom Coalition intend to work with its advocates and a growing grassroots movement of Americans who support its principles, to ensure its basic tenets are otherwise upheld. The rulings also will certainly further inspire the efforts of traditional marriage activists, who now vastly outnumber their opponents, to work to elect state and federal legislators who will defend the treasured and traditional definition of marriage while ensuring that the nation's courts no longer serve to trump the political will and wisdom of its citizens.
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Supreme Court Posts Archive

Brian Tashman, Tuesday 10/07/2014, 11:40am
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... MORE
Brian Tashman, Tuesday 10/07/2014, 11:35am
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. MORE
Brian Tashman, Tuesday 10/07/2014, 10:30am
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... MORE
Brian Tashman, Tuesday 10/07/2014, 10:20am
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... MORE
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