“It Might Help To Read It First”: The Hobby Lobby President Is Also Building A $70 Million Bible Museum
On Tuesday, the Supreme Court will consider the challenge of Hobby Lobby, an Oklahoma City-based craft-store chain, to Obamacare’s contraception mandate—a case that could bolster the doctrine of corporate personhood that the Court laid out in Citizens United and end anti-discrimination laws as we know them. Just a few blocks away, the Hobby Lobby’s president, Steve Green, is looking to enshrine his religious beliefs in Washington, D.C. in a different way: with a $50 million museum devoted to the bible.
The new attraction will house a collection of historic bibles that Green has been assembling since 2010. His holdings range from a hand-illustrated Martin Luther New Testament to a Torah from the Spanish Inquisition; experts have valued them at between $20 and $40 million. The Museum of the Bible, which is slated to open in the spring of 2017, will sit at 3rd and D Streets in Southwest D.C., in an eight-story warehouse that Green plans to complement with a two-story addition. A report from the city’s Historic Preservation Review Board even compared the mock-ups to London’s Tate Modern. The museum’s goal, according to the mission statement in its 501(c)3 tax filings for 2011, the most recent year available, is “To bring to life the living word of God, to tell its compelling story of preservation, and to inspire confidence in the absolute authority and reliability of the bible.”
The museum plans to accomplish this largely through historic reenactments, or what its chief operating officer Cary Summers calls “immersive environments.” For example, the Green Collection’s travelling exhibition—so far, it’s been shown in Oklahoma City, Atlanta, Israel, Cuba, and the Vatican—displays a note written by Martin Luther the night before his excommunication in “a theater featuring a debate between Fathers Erasmus and Luther and Dr. Johann Eck … which culminates in Luther nailing his 95 Theses to his church door.” Tourists will also find set pieces of the Dead Sea, where the famous scrolls were found, and London’s Westminster Abbey, where the King James Bible was written.
Summers assured me that “we’re not trying to convince anybody of anything. We’re simply presenting the facts.” Summers added that consistency across thousands of international bibles “gives a great deal of comfort that the bible is true, and it’s accurate.”
When I asked Summers if the exhibits would contain any evidence that the bible was divinely written, he asked, “What if I was to ask you, did Shakespeare write Shakespeare?” I said the jury was out on the bard. “That’s true,” he said. “So somewhere along the way, people have to draw a line and say, ‘Everything I read, even though I can’t prove Aristotle was Aristotle or Sappho was Sappho’—people have a tendency to believe that they are.”
Along with snapshots from biblical historiography, the Museum of the Bible will recreate scenes from famous biblical stories, such as creation. But Summers said it won’t touch on their more controversial implications. Summers has also served as a consultant at the Creation Museum, where an exhibit shows Adam and Eve sharing the Garden with the dinosaurs. Green’s museum, by contrast, will reiterate the tale of earth’s first seven days without mentioning evolution. “How people interpret it is up to them—we’re not going there,” said Summers. “If others want to create a museum that takes the other approach, that’s up to them.” Of course, others have, at the National Museum of Natural History a few blocks away.
Summers said the museum won’t mention homosexuality, abortion, or any other “political commentary.” (He also declined to comment on the Supreme Court case.) But he hinted that the museum will weigh in more freely on controversies past. He mentioned anthropological exhibitions on the spread of the bible: How it “enters into countries and very uncivilized tribes and cultural settings that are very cruel. The bible entered into it and their lives were changed. … We’re presenting the impact through the facts.”
These anthropological components, along with exhibits on archeological records that corroborate biblical stories, are in early planning stages. In the meantime, the Green Collection continues touring—it’s en route to the Vatican this week—while the architects work on its eventual home. Religion News Service has reported that Green paid $50 million for the former refrigeration warehouse, which is currently occupied by the Washington Design Center. Tax filings value its artifacts at $23,038,000.
As Green’s landmark lawsuit comes before the Court, his collection continues to make the rounds, embedded in history as he sees it. Workers who depend on a paycheck and health care from his company, or another with a religious owner, may soon be highly acquainted with his point of view. Visiting his museum, on the other hand, is voluntary.
By: Nora Caplan-Bricker, The New Republic, March 25, 2014
“A Blatant Violation Of Civil Rights”: When ‘Religious Liberty’ Was Used To Deny All Health Care To Women And Not Just Birth Control
On Tuesday, the Supreme Court will hear Hobby Lobby’s and Conestoga Wood Specialties’ claims that they should be exempt from their legal obligations to provide a full range of health coverage — in this case, contraceptive care for women — because they object to providing this coverage on religious grounds. Yet, for women who worked for a California private school in the 1980s, this lawsuit must feel like déjà vu. Nearly three decades ago, the Fremont Christian School claimed a similar right to deny health coverage to its female employees, citing its religious beliefs as justification for doing so. Fremont Christian’s case does bear one important difference from Hobby Lobby’s, however, they did not just want to deny birth control to their employees — they wanted to deny all health coverage to many of the women in their employ.
Fremont was owned by a church which claimed that “in any marriage, the husband is the head of the household and is required to provide for that household.” Because of this belief, they had a very unusual compensation package for their employees — though Fremont offered a health plan to its workers, the plan was only available to “heads of households” which Fremont interpreted to mean single people or married men. When a woman became married, she was to rely on her husband for health care.
(In what Fremont described as an “act of Christian charity,” there was an exemption to this rule. A married woman could receive health benefits if “the husband is incapable of providing for his family, by virtue of non-working student status, or illness” though the school also emphasized that “the husband is still scripturally the head of the household.”)
Offering one set of employee benefits to men and a different, inferior package to women is a blatant violation of federal civil rights law, which prohibits employers from “discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” While Fremont claimed that their religious liberty gave them a trump card, a federal appeals court disagreed. “Congress’ purpose to end discrimination,” the court explained, “is equally if not more compelling than other interests that have been held to justify legislation that burdened the exercise of religious convictions.”
So could a victory for Hobby Lobby and Conestoga Wood cause the courts to rethink Fremont Christian? Probably not. Society’s compelling interest in eradicating discrimination against women is widely accepted, even by conservative judges, and Fremont Christian is an extreme case. Nevertheless there is reason to be concerned about what happens with religious employers who push the envelope only slightly less than Fremont Christian School did.
The Supreme Court has long recognized that the “First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.” But a decision in Hobby Lobby and Conestoga Wood’s favor would place courts in the awkward position of picking and choosing among religious faiths. What happens to sects of the Jehovah’s Witness faith, who have religious objections to blood transfusions? Or to faiths that object to certain vaccines? Or to Scientologists who object to psychiatry? Or to Christian Scientists who object to modern medical science altogether?
If Hobby Lobby wins, are these faiths now empowered to deny health coverage to their employees as well? And if not, why not? If the Court rules in Hobby Lobby’s favor, it will either need to abandon its longstanding neutrality among religions, or it will need to allow every sect to exempt itself from health coverage laws that it does not want to follow — including, potentially, sects like the one in Fremont Christian. Moreover, Hobby Lobby’s brief argues that any law burdening an employer’s religious exercise must survive “the most demanding test known to constitutional law.” That is not a good position to be in if your employer objects to blood transfusions or mental health care.
Although there is a superficial basis for Hobby Lobby’s argument, they are asking the Court for a massive shift in the law. For decades, the Supreme Court has respected the principle that one person’s religious liberty stops at another person’s body — and this is especially true in the business context. As the Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” If the law were otherwise, Lee warned, employers could “impose” their “religious faith on [their] employees.”
Any decision favoring Hobby Lobby and Conestoga Wood will have to drive a massive hole through Lee. The essence of both businesses claims is that they should not have to follow the same health care laws that apply to all other businesses, and that employers should be able to limit their employees’ ability to obtain contraception because the employer objects to its use. But once Lee falls, it is not at all clear what rises in its place, or how easily courts are going to be able to draw a distinction between relatively narrow claims like Hobby Lobby’s and sweeping attempts to deny health care like Fremont Christian’s — not to mention the many grey areas in between.
By: Ian Millhiser, Think Progress, March 23, 2014
“Discriminator-In-Chief”: CPAC Presidential Straw Poll Picks Guy Who Thinks Whites-Only Lunch Counters Should Be Legal
With 31 percent of the vote, Sen. Rand Paul (R-KY) won the closely watched Conservative Political Action Conference presidential straw poll this weekend, dwarfing second place finisher Sen. Ted Cruz’s (R-TX) 11 percent of the vote.
The son of libertarian icon and former Congressman Ron Paul (R-TX), Rand Paul has emerged as the nation’s leading spokesperson for an anti-government philosophy that would undo nearly all the accomplishments of the New Deal and the Civil Rights Era. As a Senate candidate in 2010, Paul came out against the Civil Rights Act of 1964′s bans on private discrimination — including the bans on employment discrimination and whites-only lunch counters — claiming that the right of “private ownership” should trump African Americans’ and other minorities’ right to be free from invidious discrimination. Permitting private discrimination, according to Paul, is “the hard part about believing in freedom.”
Nor are Paul’s libertarian views limited to his skepticism towards civil rights protections. In 2013, Paul endorsed a long-ago overruled Supreme Court decision called Lochner v. New York. The Court’s Lochner opinion relied on a fabricated “right to contract” that it and subsequent cases used to strike down various laws protecting workers from exploitative employers — on the idea that if a worker signs a contract that forces them to work 16 hours a day for barely subsistence wages then it would somehow violate the worker’s rights to pay them more money for fewer hours work.
Lochner was overruled in 1937, after the Great Depression discredited the largely libertarian economic policy that had been imposed upon the country by the Supreme Court. And it was, until very recently, viewed as a disastrous opinion even among leading conservatives. Robert Bork, whose nomination to the Supreme Court was rejected by a Senate that deemed him too conservative, labeled Lochner as “the quintessence of judicial usurpation of power.”
Yet, if Rand Paul were elected president, he would have the power to nominate potential Supreme Court justices who would restore Lochner and who would potentially strike down the federal ban on whites-only lunch counters to boot. And this is the man that one of the nation’s top conservative gatherings selected as their first choice to be the next President of the United States.
By: Ian Millhiser, Think Progress, March 8, 2014
“Counting Dollars And Cents”: For Whatever Reason, Jan Brewer Does The Right Thing
The writing was on the wall all week. Arizona Gov. Jan Brewer had no choice but to veto SB 1062, which would have let businesses discriminate against gay patrons (and presumably others) on religious grounds. The veto was demanded by businesses: from the NFL, sponsors of the Arizona-bound 2015 Super Bowl, to Apple to American Airlines to JPMorgan Chase. Even GOP lawmakers who voted for the bill began quailing and taking back their votes shortly after casting them.
Brewer, who has shown independence from her Tea Party base before, particularly on accepting Medicaid expansion, proved to be up to this challenge, too.
The Arizona Tea Party governor vetoed the bill, she said, because of its “unexpected and unintended consequences. The legislation seeks to protect businesses,” she wrote, “yet the business community overwhelmingly opposes the proposed law.” The bill, she said, “could create more problems than it purports to solve.”
Indeed. The proposed Arizona law shows how quickly America’s corporate leaders, and even some Republicans, have counted dollars and counted votes and realized that power lies with gay people and their straight allies who can’t stand anti-gay bigotry – and won’t patronize those who are selling it.
Even as Arizona Republican politicians like Sens. John McCain and Jeff Flake declared their enduring fealty to the sanctity of man-woman marriage, they could oppose SB 1062 because of the business backlash. This is a stunning turnaround from 10 years ago, when Karl Rove encouraged Republicans to put anti-gay-marriage measures on state ballots to turn out the right and buoy George W. Bush’s reelection against John Kerry in 2004. There was no downside for Rove 10 years ago.
That was the same year that San Francisco Mayor Gavin Newsom became persona non grata even to some Democrats for legalizing gay marriage in San Francisco. From Dianne Feinstein to Barney Frank, Newsom got pummeled for promoting too much gay freedom too soon. But just 10 years later, a far-right governor of a changing but still conservative state thinks she has to veto this gay Jim Crow law that businesses are smart enough to oppose.
Let’s celebrate. But let’s also look plainly at how Democrats have won the culture war but are still fighting a grim conflict over economic populism – including, sometimes, against other Democrats. I look forward to the day when businesses lobby for a hike in the minimum wage and universal preschool and higher tax rates for those at the very top, and Republicans like Jan Brewer face the fact that they have to relent. It may be a long time coming. But let this victory remind us what a difference even 10 years can make, on an issue that was once a loser for Democrats. May we catch up on issues of poverty, income inequality and economic opportunity just as quickly.
By: Joan Walsh, Editor at Large, Salon, February 27, 2014
“Morally And Legally, The Right Call In Arizona”: Citizens Cannot Opt Out Of Civil Rights Laws
There’s no question that Jan Brewer did the right thing yesterday. No moral question. And no legal question either. Well, let me slightly amend that: With this Supreme Court, you never know about the future. But we know about the past, and decades of civil-rights case law are squarely on Brewer’s side, and supporters of SB 1062 just have to see this clearly and squarely and accept it.
It’s not like we’ve never fought over these questions. We have, of course, and a result, there’s a history here. And that history, that body of court decisions, says clearly, like it or not, that generally speaking, citizens cannot opt out of civil rights laws.
As Harvard law professor Noah Feldman pointed out yesterday in a Bloomberg view column, segregationist business owners in the South argued after the civil rights act of 1964 that their “constitutional right to associate” as they chose should permit them not to serve black customers. (The religious-liberty right, Feldman notes, has the same “constitutional status” as the right to associate.) But courts never said that this was permissible.
We may laugh today at the idea that the racist owner of a hardware store in Natchez in 1965 could have refused to sell a black carpenter a bag of masonry nails. But it was no laughing matter then. This was real. Congress, and then the courts, put a stop to it. As Feldman told me yesterday in a follow-up exchange: “Freedom to associate and exercise religion are basic rights. Excluding customers isn’t.”
The freedom to associate that Feldman mentions is one carve-out that courts have recognized. But that’s a narrow exemption, intended in real life mostly for private or fraternal organizations that are built around some idea of ethnic cohesion—New York’s Ancient Order of Hibernians, for example, which quite famously has been allowed for years to ban gay people and groups from marching in the city’s St. Patrick’s Day Parade.
By the way, doesn’t it seem weirdly anachronistic and reactionary that the Hibernians still enforce this ban? The gay-rights position was controversial back in the early ’90s, when I was covering these things. Now, the Hibernians’ position seems like something better suited to Alabama than New York City. In any case, after Rudy Giuliani and Mike Bloomberg marched in the discriminatory parade every years, new Mayor Bill De Blasio announced that he’s boycotting it.
But, the Hibernians are allowed to do this under their right to associate. There also exists a so-called “Mrs. Murphy” exemption to the Fair Housing Act for owner-occupied rental housing of four or fewer units—that is, if little old Mrs. Murphy subdivided her big house and wants to keep out certain people, she’s probably allowed to do that. And finally, in certain narrow cases, religious institutions that serve mostly religious purposes are allowed to hire only their coreligionists.
But a business vending to the general public? No way. If these “Christians” in Arizona are permitted to deny their services to same-sex couples, then atheist small-businesses owners in Berkeley are perfectly within their rights to hang a sign: “No Christian evangelicals served.” It would be crazy for courts to open that door.
Brewer seemed to understand all this properly with the money passage of her statement yesterday: “Senate Bill 1062 does not address a specific or present concern related to religious liberty in Arizona. I have not heard one example in Arizona where a business owner’s religious liberty has been violated.” She deserves credit for saying this, dismissing this specious religious liberty talk.
The legal history is clear. The legal future, though, is still a bit up in the air. Feldman acknowledges that SB 1062 “may well be constitutional” because the law’s supporters might be able to argue successfully that their tradition of religious liberty is “in jeopardy.” Samuel Bagenstos, a former assistant attorney general for civil rights under Barack Obama who now teaches law at the University of Michigan, explains that the Arizona law and others like it around the country constitute a new and not-yet-settled legal battle front. “These laws, by singling out gays and lesbians for less protection of antidiscrimination laws, are vulnerable to a challenge under the Equal Protection Clause,” Bagenstos says. “But the law’s very much developing in this area, so we really can’t say anything with confidence.”
It’s developing, but it’s mostly developing on the side of shutting down legal discrimination. Ask the Texas judge who yesterday struck down that state’s same-sex marriage ban, writing “that state-imposed inequality can find no refuge in our United States Constitution.” Increasingly, the law is coming to understand what more and more Americans understand. Gay people are equal. Period. There is no real religious basis for thinking otherwise. Ian Millhiser of Think Progress reminded us yesterday of people who used to think the same way:
In 1901, Georgia Gov. Allen Candler defended unequal public schooling for African Americans on the grounds that “God made them negroes and we cannot by education make them white folks.” After the Supreme Court ordered public schools integrated in Brown v. Board of Education, many segregationists cited their own faith as justification for official racism. Ross Barnett won Mississippi’s governorship in a landslide in 1960 after claiming that “the good Lord was the original segregationist.” Senator Harry Byrd of Virginia relied on passages from Genesis, Leviticus and Matthew when he spoke out against the civil rights law banning employment discrimination and whites-only lunch counters on the Senate floor.
It’s painfully obvious that in a mere 10 or 15 years, that’s how these Arizona Christians will be widely seen. They really ought to ask themselves if that’s the historic company they want to keep.
By: Michael Tomasky, The Daily Beast, February 27, 2014
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