“Almost Anything Passes For ‘Religion’ In This Country”: Religious Freedom? Nope, Just Plain Old Discrimination
Religious conservatives have lost their battle over gay marriage. Most will even admit it. The clock is ticking down to April 28, when the U.S. Supreme Court will hear arguments for and against it—and by the end of June, they will have ruled on the right of every American to a civil marriage to the person of their choosing, regardless of gender. Although a “no gay marriage” ruling is possible, almost no one believes the Supreme Court will rule against the civil right to marriage.
Majority support for gay marriage is to be found in virtually every demographic in society. But the minority who still opposes it does so with vigor and conviction. The Roman Catholic hierarchy (not the people in the pews) and conservative Evangelicals continue to look for ways to express their disdain and condemnation for gay or lesbian couples who want to be married or who have been married. The new strategy is to do state-by-state what has been impossible nationally. With the help of ALEC (the conservative American Legislative Exchange Council), bills are popping up all over the country in state legislatures with what conservatives hope will be their effective (and legal) defense against the rising tide of acceptance of gay, lesbian, bisexual, and transgender (LGBT) people.
Indiana is a good case in point. On Monday, the Indiana House of Representatives passed a bill that would exempt individuals and companies from non-discrimination rulings by the courts—based on their religious beliefs. A similar bill was passed earlier by the Indiana Senate, and once the two are reconciled, Republican Governor Mike Pence has indicated he will sign it. This legislation, like its sister bills in other state legislatures, is based on the Religious Freedom Restoration Act (RFRA) bill passed by the U.S. Congress in 1993. Many states have their own RFRAs, which, like the federal one, prevent any law which substantially burdens a person’s free expression of religion. (This legislation figured heavily into the Hobby Lobby case.)
If this legislation becomes law, anyone who disagrees with any non-discrimination legislation or court rulings would be allowed, based on their religious beliefs, to disregard the provisions of that non-discrimination protection.
The multiple ways in which such legislation is problematic are stunning. First, this would open the floodgates for citizens/corporations to exempt themselves from all kinds of laws, merely by claiming that it violates their religious beliefs. Now, we are presumably not just talking about your common, everyday, vanilla, mainstream religions (think Methodists, Presbyterians, Unitarians, Reform and Conservative Jews). Such a law would, presumably, also protect members of the Westboro Baptist Church with its “God hates Fags” approach; the crazy, renegade Mormon man and his 25 wives; Satan worshippers; and Scientologists. Almost anything passes for “religion” in this country, and there would be no end to the appeals for exemption following certain laws based on the tenets of one’s religion, no matter how small and no matter how outside the mainstream that religion.
However, religionists don’t have to be crazy or on the fringes of society to wreak havoc on those they disdain. In debating the bill, Representative Bruce Borders (R-Jasonville) cited an anesthesiologist who refused to anesthetize a patient because the procedure for which his services were needed was an abortion—all due to his religious beliefs about the sinfulness of that procedure. A Roman Catholic pharmacist could refuse to fill a prescription for physician-prescribed birth control, citing her church’s objection to any kind of artificial birth control. A Southern Baptist pharmacist could refuse to fill a prescription for Truvada, the Pre-Exposure Prophylaxis (PrEP) drug used by gay men (and others) to lessen their risk for being infected with HIV, claiming his church condemns the “gay lifestyle,” by which he means, apparently, promiscuous and profligate sex.
It is difficult for me to understand how this is not akin to the fervently held religious beliefs that the races should not “mix” in marriage, and the anti-miscegenation laws that emanated from those beliefs. Of course, in 1967 the U.S. Supreme Court struck down those laws as unconstitutional in Loving v. Virginia. How is this any different from a 1960s lunch counter owner denying service to African Americans because of his religious beliefs (widely held at the time) that “Negroes” were lesser human beings and citizens than white folks?
Taken to their logical and extreme conclusion, such laws could allow someone to ask to be exempted from meeting the requirements of the Americans with Disabilities Act, if that person’s religion believed (as in much of the Old Testament) that physical infirmities were the result of the afflicted person’s sin (or that of his parents), and “my religion condemns sin rather than cooperating with it.”
But these debates and legislation are not fueled by the religious adherent’s condemnation of sin. Chances are, the florist who refuses to provide flowers for a gay wedding does not deny service to a bride who is on her second or third marriage. Jesus is silent about gay marriage, but roundly and emphatically condemns remarriage after divorce. The photographer who refuses to take pictures for a lesbian marriage (because it is against God’s will) should also decline to photograph a lavish and ostentatiously expensive wedding (Jesus talks a lot about the sinful nature of greed). If this were seriously about not serving sinful people, then obese people would be turned away from fast-food outlets as obviously living the sinful “lifestyle” of a glutton. If this were really about condemning sin, then service would be denied to all sinners, not just a particular sin among a particular, targeted group.
Make no mistake: These legislative bills, like the one about to become law in Indiana, are about exempting some people from having to comply with non-discrimination laws already in place for LGBT people, as well as pre-empting and forestalling any efforts to put such protections in place. This is old-fashioned discrimination all dressed up in ecclesiastical vestments and “religious freedom” language. But it is still discrimination, pure and simple, against a targeted group of fellow citizens. No amount of cloaking such legislation in the garb of “freedom of religion” is going to turn this sow’s ear into a silk purse.
By: The Rt. Rev. V. Gene Robinson, Senior Fellow at the Center for American Progress; The Daily Beast, March 25, 2015
“Scott Walker; W. Without The Compassion”: With Walker, Conservative Evangelicals Don’t Much Feel The Need For Compassion
While it’s becoming common to hear Scott Walker dismissed as a flash-in-the-pan or Flavor of the Month or Not-Ready-For-Prime-Time gaffmeister sure to be pushed aside to make way for Jeb’s Brinks truck of cash or Rubio’s glamor, there are less-apparent aspects of his appeal worth noting. That intrepid translator of the Christian Right’s codes, Sarah Posner, has a fascinating take at Religion Dispatches about Walker perfectly matching a growing mood among politically active conservative evangelicals who want a less showy but more reliable champion:
Should he run for president, Walker may very well turn out to be the 2016 cycle’s evangelical favorite—not because he ticks off a laundry list of culture war talking points, pledges fealty to a “Christian nation,” or because he’s made a show of praying publicly to curry political favor. Although by no means universal, some conservative evangelicals—those who eschew the fever swamps of talk radio, yet share the same political stances of the religious right—are weary of the old style of campaigning. They’re turned off by the culture war red meat, the dutiful but insincere orations of piety….
In an op-ed in the Wall Street Journal last month, Russell Moore, president of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, wrote that in 2016 evangelicals won’t be looking to candidates to “know the words to hymns,” “repeat cliches about appointing Supreme Court justices who will ‘interpret the law, not make the law,’” or to use “‘God and country’ talk borrowed from a 1980s-era television evangelist.”
Moore “has a good feel of the pulse of evangelicals” and “represents a wide segment” of them, said Tobin Grant, a political scientist at Southern Illinois University and blogger on religion and politics for Religion News Service. Unlike his predecessor, Richard Land, known for inflaming the culture wars, Moore’s “focus is more on religious and social concerns than directly political ones” and has “less interest in changing DC and more interest in keeping DC out of the way of the church,” Grant said.
These evangelicals are listening for a candidate who can signal he is “one of us” without pandering. Both evangelical and Catholic candidates who have earned the culture warrior label for their strident pronouncements—Ted Cruz, Rick Santorum, or Mike Huckabee—are seen as embarrassing embodiments of stereotypes these conservative Christians would like to shed….
Walker hits the right evangelical notes without overplaying his hand—and that’s exactly the way they want him to keep it. John Mark Reynolds, professor of philosophy and provost at Houston Baptist University, said that Walker “would do well to do nothing to appeal to us. We get it. He’s one of us. He sounds like one of us. He leans forward like one of us. He answers questions like one of us.”
Now this isn’t to say the new strain among conservative Christians involves any changes in their positions on culture-war issues, or a tolerance for different opinions: it’s a matter of tone and emphasis–and of trust.
You may recall how effective George W. Bush was in dropping little indicators of his evangelical piety (even though, technically, he attended a mainline Protestant church), like a secret handshake, when he showed up on the campaign trail in the 2000 cycle: Bible quotes, allusions to hymns, and evangelical catch-phrases were modestly arrayed in his rhetoric–not abrasively, but just enough that believers saw it, and as with Walker, knew he was “one of us.” Bush, of course, also grounded much of his “compassionate conservative” agenda in church work and religious sentiment. It seems that with Walker conservative evangelicals don’t much feel the need for compassion, which is a good thing, since it’s not one of his more obvious traits. No, they want something else:
Instead of talking about opposition to marriage equality, evangelical activists say, religious freedom has become the new defining mantra. Unlike marriage equality, on which white evangelicals, particularly Millennials, are divided, religious freedom unifies them like no other issue but abortion.
“What will matter to evangelicals,” Moore wrote in his Wall Street Journal op-ed, “is how the candidate, if elected president, will articulate and defend religious-liberty rights.”
The religious liberty issue is, for evangelicals, a “four-alarm fire,” said Denny Burk, Professor of Biblical Studies at Boyce College, part of the Southern Baptist Theological Seminary in Louisville, Kentucky. He said evangelicals expect the candidates “to have the courage of their convictions to persuade people about what’s going on.”
From the Hobby Lobby litigation to cases involving florists, bakers, and photographers refusing to provide services for same-sex ceremonies, the issue has been percolating in the evangelical community for years. In recent weeks, conservative Christians have talked and written prolifically about Barronelle Stutzman, a Washington state florist found liable under the state’s anti-discrimination laws for refusing to provide flowers for a long-time gay customer’s wedding, and Kelvin Cochran, the Atlanta fire chief fired after revelations about anti-gay comments he wrote in a book.
It requires a great deal of paranoia and passive-aggressive claims of “persecution,” of course, to take isolated collisions between anti-discrimination laws and religious principles into a major threat to the immensely privileged position of Christians in the United States. But it seems Christian Right leaders are up to the task, and here, too, Walker, with his quiet but insistent talk about death threats from the enemies he’s made in Wisconsin, fills the bill.
Speaking in 2012 to a teleconference with activists from Ralph Reed’s Faith and Freedom Coalition, Walker said his faith has enabled him to rise above the “vitriol, and the constant, ongoing hatred” during the recall election he faced in the wake of his anti-union legislation, which has crippled the state’s once-iconic labor movement. Along with the unmistakable contrast of his church-going family with the profane and progressive activists, Walker cited two Bible verses. He didn’t recite them, but for anyone who knows their Bible—as Walker, the son of a Baptist pastor, does—the meaning was clear. The verses that helped him withstand the hatred were Romans 16:20 (“The God of peace will soon crush Satan under your feet. The grace of our Lord Jesus be with you”) and Isaiah 54:17 (“no weapon forged against you will prevail, and you will refute every tongue that accuses you.”)
Don’t know about you, but I’d interpret those two verses as consolatory promises of Christian vengeance, not turn-the-other-cheeck pacifism. And so it may be Walker is giving exactly the right impression of representing stolid but not showy vindicator who’s in for a long fight with secular socialists and their union allies.
By: Ed Kilgore, Contributing Writer, Political Animal Blog, The Washington Monthly, March 13, 2015
“Georgia Bill Helps Wife Beaters”: “Religious Freedom Restoration Act” Is Among The Worst In The Nation
Georgia is poised to pass the nation’s harshest “religious freedom” law, allowing discrimination, judicial obstruction, and even domestic violence. Yet while the bill is far worse than Arizona’s notorious “Turn the Gays Away” bill, it’s attracted far less attention from national advocacy groups and businesses.
The bill, the “Georgia Religious Freedom Restoration Act,” is one of a raft of similar bills (RFRAs, for short) wending their way through state legislatures across the country. The bills are part of the backlash against same-sex marriage, but they go much farther than that. Like the Hobby Lobby decision, which allows closely-held corporations to opt out of part of Obamacare, these laws carve out exemptions to all kinds of laws if a person (or corporation) offers a religious reason for not obeying them.
For example? Restaurants could refuse to serve gay or interracial couples, city clerks could refuse to marry interfaith couples, hotels could keep out Jews, housing developments could keep out black people (Genesis 9:18-27), pharmacies could refuse to dispense birth control, banquet halls could turn away gay weddings, schools could specifically allow anti-gay bullying, and employers could fire anyone for any “religious” reason.
The national movement to pass these laws is well-funded and well-coordinated; most of the laws are written by the same handful of conservative legal hacks in Washington, working for organizations like the Alliance Defending Freedom and Ralph Reed’s Faith and Freedom Coalition, both of which have had a hand in the Georgia bill.
Jeff Graham, executive director of Georgia Equality, said in an interview with The Daily Beast that “in the last two years, there have been 35 bills introduced around the country to establish or expand a RFRA. And there have been over 80 bills filed that specifically allow for discrimination against gay and trans communities.”
As worrisome as these laws are, however, Georgia’s is worse than most.
First, the language is the strictest possible. As with other RFRAs, Georgia’s act says that the government cannot “substantially burden a person’s exercise of religion” without a “compelling governmental interest” and the “least restrictive means of furthering” that interest. This is the classic three-prong test that was at issue in Hobby Lobby, and is considered extremely difficult to meet.
Georgia’s RFRA also specifies that “exercise of religion” can be just about any “practice or observance of religion, whether or not compelled by or central to a system of religious belief.”
In other words, if I say it’s my religious exercise, it is.
Second, the Senate version of the bill was passed by its sponsor, State Senator Josh McKoon, with all kinds of shenanigans. He rammed it through the judiciary committee, which he chairs, while opposition members were in the bathroom.
Then, on dubious procedural grounds, he refused an amendment by a fellow Republican that would have specified that the “religious freedom” could not be used to discriminate against others.
Ironically, says Graham, Georgia doesn’t have that many protections for LGBT people in the first place.
“This is a preemptive strike against the LGBT community,” he says. “If this bill is not intended to allow discrimination, why were its sponsors so adamant about refusing to say so?”
McKoon’s bill passed the Republican-dominated State Senate on March 5, and now heads to the State House, where Republicans have a 2:1 advantage over Democrats, and where representatives have shelved their own version of the bill to try to pass McKoon’s version.
The combination of these factors has led to a curious result: a law so strict that it will lead to a host of unintended consequences—and has even led some Republicans to oppose it.
Some legal commentators have said that the law would give a pass to spousal and child abusers, as long as the husband (or father) has a religious pretext. Which is easy to provide; the Christian Domestic Discipline Network, for example, offers a host of rationales for “wife spanking.” And let’s not forget Proverbs 13:24: “He who spares his rod hates his son. But he who loves him disciplines him diligently.”
Georgia has numerous laws protecting child welfare, which is arguably a compelling state interest. But are such laws really the “least restrictive means” of protecting it? Not necessarily. At the very least, the laws offer a novel defense against assault and battery.
Or maybe not so novel. Graham says, “We have found cases where people used their religious views as an excuse to impede an investigation into child-endangerment and child-abuse charges. They were not ultimately successful, but they did slow down the investigations.”
With the new law, they would be far better armed. In fact, says Graham, conservative district attorneys in Macon and Marietta have said that the bill would impede investigations and prosecutions of child abuse.
Indeed, Georgia’s RFRA recently gained an unlikely opponent: Mike Bowers, the former attorney general of Bowers v. Hardwick fame. As some may recall, that was the Supreme Court case that upheld Georgia’s anti-sodomy law—and Bowers was the named plaintiff.
In an open letter to Graham (PDF), Bowers said that the law is “unequivocally an excuse to discriminate….[P]ermitting citizens to opt-out of laws because of a so-called burden on the exercise of religion in effect ‘would permit every citizen to become a law unto himself.’”
This perhaps is one reason why conservatives like Bowers and the D.A.s in Macon and Marietta stand opposed to it. As Bowers wrote, “this legislation is not about gay marriage, or contraception, or even so-called ‘religious freedom.’ It is more important than all of these, because it ultimately involves the rule of law.”
What is the future of Georgia’s RFRA?
The Georgia State House ends its session on April 2, and Graham predicts a tight vote. “This will probably go all the way to the final hours” of the session, he said.
Oddly, the most effective forces in killing Arizona’s “Turn The Gays Away” bill—corporations and the Chamber of Commerce—seem to be sitting this battle out. Maybe it’s because Arizona was bidding on a Super Bowl and Georgia isn’t. Or maybe it’s because no one is paying attention. But for whatever reason, the corporate silence is deafening.
This is especially the case for Coca-Cola, which has spent millions to brand itself as pro-gay (remember that Super Bowl ad?) but has been mum on the Georgia bill.
“For now, it appears that Coca-Cola has a relationship of convenience with the gay community,” said Bryan Long, executive director of the progressive organization Better Georgia, in an email to The Daily Beast. “The company promotes equality when it serves the brand but won’t stand up for us when we need it most.”
If big business, national media, and national LGBT organizations continue to sit on the sidelines, the bill’s fate may be a matter of vote-counting. The House bill had 59 cosponsors, out of 180 total members. But Graham pointed out that a pending non-discrimination bill has 78, including 19 Republicans. So it is up for grabs.
On the other hand, maybe those who claim to speak for “equality” will decide to actually do something about it.
By: Jay Michaelson, The Daily Beast, March 13, 2015
“Using Faith To Discriminate”: Religious Freedom Gives Me The Constitutional Right To Violate Your Constitutional Rights. Right?
Conservatives just love the Constitution. Or at least they say they do. The thing is, they don’t seem to have any idea how it works. At least that’s a more charitable explanation than saying they don’t care how the Constitution works and merely use it as a fig leaf while they undermine the rights it guarantees. And I’m a charitable kind of guy, so I won’t say that.
When the Supreme Court recognizes that marriage equality is a constitutionally guaranteed right, one part of the battle will be over. But conservatives have already begun to fight on another front, namely how to implement (or not) that right. Republican state legislators in Texas, Oklahoma, Utah, and both Carolinas (South Carolina was first!) have this year proposed various bills that would give government officials who perform civil marriage ceremonies and/or issue marriage licenses and other related documents the ability to refuse same-sex couples if it would violate a “sincerely held religious belief.”
Additionally, Oklahoma State Rep. Todd Russ proposed to take civil officials out of the marriage business altogether and force prospective couples to be married by “an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi.” Not a Christian or a Jew? Out of luck, apparently, although Rep. Russ says anyone else who wants to get married can “fil[e] an affidavit of common law marriage with the court clerk.” Small problem: the state of Oklahoma doesn’t recognize common law marriages, although courts have recognized some on a case-by-case basis. I’m sure Hindu and atheist couples will be just fine with that.
Even if they were adopted, such laws almost certainly would be struck down as unconstitutional. Nevertheless, they are instructive because of what they say about the conservative concept of religious freedom. John J. Kallam is a Baptist minister in North Carolina. He also served for 12 years as a magistrate judge in Rockingham County, in which capacity he officiated at numerous civil marriage ceremonies. Last October he quit after he was told he could not “opt out” of performing same-sex marriages.
“I felt, and still feel, that that is stepping on my right of religious freedom,” said Kallam. He brought up the matter of a Sikh soldier in the U.S. Army who successfully argued that religious freedom gave him the right to wear a turban and grow a beard, as mandated by his faith. Kallam asked why he should not have the freedom to act on the basis of his faith as well.
Let’s take Kallam’s argument seriously for a moment, in order to demonstrate why it is wrong to conflate these two examples as being equally deserving of legal protection under the framework of religious freedom. First, the Sikh-American soldier’s turban and beard are an act of expression that affects only himself, whereas a North Carolina magistrate judge refusing to perform a marriage directly affects other people, specifically by denying them a right that, as of last October 10, they possessed as citizens of that state. The soldier’s turban and beard do not violate anyone else’s rights, therefore they merit protection.
Religious freedom means that Kallam has every right to believe that marriage ought to be restricted to a man and a woman, or, for all I care, three men and a baby (whatever happened to Steve Guttenberg, anyway?). But Kallam cannot act on those beliefs–especially not as an officer of the state–if doing so would deny others their constitutional rights.
And this rejection of the clear distinction between expressing one’s faith and acting on it to discriminate against others is at the heart of the conservative concept of religious freedom. Last October, Gordon Klingenschmitt celebrated John Kallam for having stood up to “tyranny.” Klingenschmidt, by the way, also expressed the belief that LGBT activists “want you to disobey God so that you go to hell with them,” and added that the judges who declared bans against same sex marriage to be unconstitutional are “demonic judges who are imposing the devil’s law upon the people.”
Who is Gordon Klingenschmitt? A few weeks after making those statements on his “Pray in Jesus Name” television program, he won election and became a brand-new Republican state representative in Colorado. It’s a struggle between freedom and tyranny, folks.
In addition to pushing laws that would allow government officials to discriminate in the name of religious freedom, conservatives are also pushing laws that would allow private businesses to do the same thing, mostly in response to bakers, florists, and photographers who refused to provide services to customers putting on a same-sex marriage. According to Jim Campbell of the Alliance Defending Freedom, this is about “religious liberty.” He added, “we believe the Constitution protects the right of all citizens including business owners to live in a way consistent with their faith.” (Judges in Colorado, New Mexico, and Washington have already ruled against business owners in such cases. The business owner in the New Mexico case appealed to the Supreme Court, which declined to intervene.)
Along lines similar to Campbell and Kallam, South Carolina Republican State Sen. Lee Bright argued that laws allowing this kind of discrimination are not only right but constitutional because “we have similar language for folks that work in health care that don’t want to participate in abortions” due to their religious beliefs. At first glance, this might seem a potent argument. However, it’s little more than sleight of hand. Medical professionals are not allowed to say: “I perform abortions, but only for heterosexuals.” That would be discrimination, and that’s exactly what florists, bakers, and county magistrates would be doing if they provided their services to some, but not others.
Here’s the one I’d like to run by conservatives who talk about religious freedom in these terms: Think about someone whose religious beliefs state that women must not work outside the home. Now imagine that person having authority over hiring decisions at his job. Do his religious beliefs allow him to discriminate against a female candidate for a position? Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of both religion and sex. I’d like to see a conservative argue that religious freedom gives the man in this scenario the right to reject, out of hand, all women candidates seeking employment.
This is not about religious freedom. All Americans are guaranteed the right to their religious beliefs, the right to worship (or not) any deity they choose in the manner in which they choose. That is a bedrock principle of this country and progressives would fight tooth and nail to preserve it, should it ever be endangered. The thing is, it’s not in danger, other than from conservatives themselves, from people like Bryan Fischer, who last September said that all immigrants should be forced to convert to Christianity. Fischer remains connected to the American Family Association, an organization closely allied to the Republican National Committee.
It’s real simple. Conservatives think religious freedom gives them the right to discriminate on the basis of their religious beliefs. They’re wrong, because, to paraphrase Zechariah Chafee, their right to practice their religion ends where my nose begins.
By: Ian Reifowitz, The Blog, The Huffington Post, February 2, 2015
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