“A Large Pizza With A Side Of Hate”: The Next Time You Order An Extra-Large Pepperoni, Tell Them To Hold The Hate
The only purpose of the “religious freedom” laws in Indiana and other states is to assert that discrimination against gay people is acceptable. The only way to “fix” such measures is to repeal them.
As events this week have shown, the nation is becoming intolerant of intolerance. Indiana Gov. Mike Pence (R) insisted that the absurdly titled “Religious Freedom Restoration Act” was not meant to enable discrimination. But no sooner had the ink dried on the new law than a local pizzeria announced it was just raring to discriminate.
“If a gay couple came in and wanted us to provide pizzas for their wedding, we would have to say no,” said Crystal O’Connor, whose family owns and operates Memories Pizza in Walkerton, Ind.
As a practical matter, I’m betting that few couples, gay or straight, would be devastated to go without pizza at their wedding reception. But that’s not the point. O’Connor correctly understood that the law was intended to let her discriminate against gay couples. Her family’s Christian beliefs, she said, lead her to disapprove of same-sex marriage.
It is her right to believe whatever she wants. Religious liberty is guaranteed by the Constitution. But in a pluralistic society, freedom of worship cannot mean a business that serves the general public can discriminate. When I was growing up in the South, there were business owners who believed the Lord didn’t intend for different races to mix, much less marry. Federal civil rights legislation barred these businesses from acting on that belief. The proprietors got over it.
At Pence’s urging, the Indiana legislature quickly came up with a proposal to amend the law to prohibit discrimination based on “race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service.” Pence signed it into law on Thursday. In other words: Never mind the whole thing, and we’re sorry we bothered everyone.
Read that list and contemplate the supreme irony: Indiana has ended up with an anti-discrimination law protecting the LGBT community that is among the toughest in the nation. Apparently, there will be pizza for everyone.
Doubtless with an eye toward Pence’s travails, Arkansas Gov. Asa Hutchinson (R) announced that he will not sign the religious-freedom law his legislature just handed him without significant changes, probably along the lines of those done in Indiana.
Pence was a big supporter of the original law, so why the rapid moonwalk in the opposite direction? Because the business community, both locally and nationally, announced its opposition and activists began talking about a boycott of the state. Because the NCAA, which is holding the Final Four tournament in Indianapolis this weekend, announced its urgent concern. Because Apple chief executive Tim Cook, who heads the most valuable company in the universe, wrote a Post op-ed denouncing the Indiana law as discriminatory.
In Arkansas, Hutchinson heard expressions of concern from Wal-Mart, the world’s biggest retailer — which happens to be headquartered in Bentonville, Ark. When Wal-Mart calls, and you’re governor of Arkansas, you pick up the phone.
About 20 states already have these religious-freedom laws on the books, although most are not as far-reaching as Indiana’s. There is no indication that rampant discrimination is taking place — but that’s not the point. The clear target is same-sex marriage, and the intention is to reassure citizens that discrimination against same-sex couples is at least theoretically permissible.
The fact that we don’t hear of these laws actually being used proves a truth about same-sex marriage that should be blindingly obvious: Whether two men or two women decide to marry has not the slightest impact on anyone else.
Just a decade ago, most gay activists considered same-sex marriage a bridge too far. Today, it’s the law in 37 states and the District. The world has not come to an end. “Traditional” marriage has not been threatened. Opponents cannot cite one negative impact on society, unless you count the deprivation felt by citizens who need somebody, anybody, to discriminate against.
With a few exceptions, such as Hobby Lobby, the business community has decided that bigotry is bad for the bottom line. Politicians can fight the likes of Apple, Wal-Mart and the NCAA if they want. It’s just not a high-percentage move.
Which brings me to the wrenching struggle the Republican Party is having with itself over the issue. It’s time for the GOP to get on the right side of history. The next time you order an extra-large pepperoni, tell them to hold the hate.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 2, 2015
“The Framers Distrusted The Corporate Form”: Toxic Law; How Corporate Power And ‘Religious Freedom’ Threaten Democracy
Corporations from Apple and Angie’s List to Walmart and Wells Fargo exercised their power last week against laws that give aid and comfort to bigots. But don’t be too quick to praise their actions.
Commendable as these corporate gestures were, they also illustrate how America is morphing from a democratic republic into a state where corporations set the political agenda, thanks to a major mistake by Democrats in Congress. What they did has resulted in Supreme Court decisions that would infuriate the framers of our Constitution.
The framers distrusted the corporate form. And they made plain their concerns about concentrations of economic power and resulting inequality, worrying that this would doom our experiment with self-governance. Surely they would be appalled at the exercise of corporate influence last week. For the companies opposing “religious freedom” laws in Arkansas and Indiana were concerned with human rights only in the context of profit maximization, which is what economic theory says corporations are about.
Where are the corporate actions against police violence? Or unequal enforcement of the tax laws, under which workers get fully taxed and corporations literally profit off the tax laws? Or gender pay discrimination? And when have you heard of corporations objecting to secret settlements in cases adjudicated in the taxpayer-financed courts, especially when those settlements unknowingly put others at risk?
The so-called religious freedom restoration statutes in Arkansas, Indiana and 18 other states reflect a growing misunderstanding of the reasons that American law allows corporations to exist, a misunderstanding that infects a majority on our Supreme Court.
Corporations, which have ancient roots, serve valuable purposes that tend to make all of us better off. We benefit from corporations, but they must be servants, not masters.
Confining corporations to the purposes of limiting liability and creating wealth is central to protecting our liberties, as none other than Adam Smith warned 239 years ago in The Wealth of Nations, the first book to explain market economics and capitalism.
There is no fundamental right to create, own or operate any business entity that is a separate person from its owners and managers. Corporations exist only at the grace of legislators.
But in 21st-century America, corporations are increasingly acquiring the rights of people, which is the product of an unfortunate 1993 law championed by Democrats that now helps bigots assert a Constitutional right to discriminate in the public square.
Concern about corporations and concentrated power that diminishes individual liberties has become increasingly relevant since 2005, when John Glover Roberts Jr. was sworn in as chief justice of the United States.
Roberts and other justices who assert a strong philosophical allegiance to the framers’ views have been expanding corporate power in ways that would shock the consciences of the founders — especially James Madison, the primary author of our Constitution, Thomas Jefferson and John Adams.
In 2010, the Supreme Court ruled that corporations could spend unlimited sums influencing elections in the Citizens United decision. Now, as a practical matter, no one can become a Democratic or Republican nominee for president without the support of corporate America.
And, central to the Arkansas and Indiana legislation, the Supreme Court last year imbued privately held corporations with religious rights in the Hobby Lobby case.
The Roberts court invented all of these rights. Principled conservatives should denounce such decisions as “judicial activism,” yet nary a word of such criticism appears in right-wing columns and opinion magazines.
Today’s corporations have their roots in ancient trusts created to protect widows and orphans who inherited property. Hammurabi’s Code provided for an early version of trusts. Later the Romans created proto-corporations to manage public property and the assets of those appointed to oversee the far realms of the empire.
Managers of these early corporations had very limited authority, what the law calls agency, over the assets entrusted to them. Today, corporate managers have vast powers to buy, sell and deploy the assets they manage. They can do anything that is legal and demonstrates reasonable judgment.
Spending money to elect politicians (or pass anti-consumer laws) is perfectly fine under current law if it advances the profit-making interests of the company. Last week, we saw companies denounce bigotry against LGBTQ people, but of course they did so in terms of protecting their profits.
Walmart, the nation’s largest employer, opposed signing the Arkansas bill into law: “Every day in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve.” Apple CEO Tim Cook said, “America’s business community recognized a long time ago that discrimination, in all its forms, is bad for business.”
But creating efficient vehicles to create wealth by engaging in business does not require political powers, as none other than Supreme Court Justice William Rehnquist noted in a dissent.
Where we have gone furthest astray under the Roberts court is in last year’s Hobby Lobby decision. It imbued privately held corporations with rights under the First Amendment, which says, in part, “Congress shall create no law respecting the establishment of religion or prohibiting the free exercise thereof.” Based on Hobby Lobby, both the Arkansas and Indiana laws were crafted to provide a defense for bigoted actions by businesses.
Yet laws requiring businesses to serve everyone, without regard to their identity, do not inhibit the free exercise of religion. A law that requires a florist or bakery to serve people in same-sex weddings as well as different-sex weddings may trouble the merchant, but it does not inhibit religious activity.
The corporate power on display in the so-called religious freedom restoration cases stems from a Supreme Court case that upheld the doctrine of laws of general applicability.
In 1990, the Supreme Court held that Oregon jobless benefits were properly denied to two Native Americans who worked at a drug rehab facility and who also, as part of their well-established religious practice, ingested peyote, a controlled substance.
Justice Antonin Scalia, who claims to follow the original intent of the Constitution’s drafters, wrote the opinion. He held that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability’” such as denying jobless benefits to drug users.
Scalia cited an 1879 Supreme Court ruling in a test case known as Reynolds in which a Brigham Young associate asserted that federal laws against polygamy interfered with the “free exercise” of the Mormon brand of Christianity.
In that case, as Scalia noted, the high court had rejected the claim that criminal laws against polygamy could not be constitutionally applied to those whose religion commanded the practice. “To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself,” the conservative justice wrote.
Two years later, Congress undid that sound decision with passage of the Religious Freedom Restoration Act, a sloppily crafted bill introduced by then-Rep. Chuck Schumer (D- NY), and championed in the Senate by another Democrat, the late Ted Kennedy (D-MA).
It was this law, undoing Scalia’s sound Supreme Court decision, which enabled corporations to exercise their power for a particular cause that is in their interest, namely ending bigotry. Such actions may be laudable, yet still dangerous.
Corporations are valuable and useful vehicles for creating wealth. But they are not and never should be political and religious actors. As artificial “persons,” they should not be imbued with political or religious rights.
We need to keep corporations in their place. Otherwise, next time, their profit maximization may work against your liberties.
By: David Cay Johnston, The National Memo, April 4, 2015
“Freedom To Discriminate”: We’ve Been Here Before; “No Negroes, No Mexicans, No Dogs Allowed”
In 1942, with the United States newly entered into the Second World War, the Lonestar Restaurant Association in Texas printed flyers for its members to paste on their windows that read: “No Negroes, Mexicans or Dogs Allowed.”That iconic and painful reminder of America’s history of discrimination came to mind in recent days as I listened to Indiana Governor Mike Pence struggle through a mind-numbingly contorted defense of his state’s recently enacted Religious Freedom Restoration Law. Let’s be clear that what Gov. Pence singed into law has little to do with religious liberty and a lot to do with the desire to discriminate against entire sectors of our society but especially gay, lesbian, bisexual and transgendered Americans. We’ve been here before.
In the ’40s and ’50s, as the civil rights movements in Black and Latino communities gathered steam and pushed against the barriers of public and private racism and discrimination, some state governments and businesses responded by claiming that desegregation was an attack on their freedom to choose with whom to share classrooms, bathrooms, restaurants, train stations and the like. In short, they equated their freedom to discriminate with other Americans’ claims to equality. Looking back, we can take great comfort and pride that when faced with this false choice, Americans almost always chose equality.
Yet the battle for equality isn’t over; it never is. This time, the targets of discrimination are gay, lesbian, bisexual and transgender Americans. This time, the discrimination cloaks itself in the mantle of religious liberty and “freedom of conscience.” This time, the forces of discrimination have cast themselves as a persecuted minority, fending off attacks against their most sacred religious values. Nonsense. No law in this country compels a religious person to act against their religious values and ideals. No law compels that churches or mosques celebrate marriages for gays and lesbians. No law compels a rabbi, pastor or imam to give a religious benediction to homosexuality.
What the law does compel, however, is that one not discriminate in business or in government against a person for their appearance, their nationality, their color, their creed, and, yes, their sexual orientation. That’s not an attack against religious liberty; it’s a defense of American values.
For many Latinos across the country, gay and straight, this Indiana law and its companion in Arkansas, are a painful reminder of our own struggle for equality in the United States. When we see what is happening in Indiana and Arkansas and other states across the country, we recognize the discrimination because we have been and are still its targets. We see it today with attempts to pass anti-immigrant laws in Arizona, Alabama, Pennsylvania and elsewhere. And because of these historic and ongoing struggles, we cannot be silent in the face of these deeply un-American acts. We will not be silent.
The defenders of discrimination and bigotry may control many statehouses and governor’s mansions in this country, but they’re on the wrong side of history. Americans of good conscience will always rise up in defense of equality. We know. We’ve been here before.
By: Jose Calderon, President of the Hispanic Federation; The Blog, The Huffington Post, March 3, 2015
“Naked Bibi”: In The Animal Kingdom, There Is No Creature More Dangerous Than A Panicking Politician
In the lead up to Israel’s March 17th election, Prime Minister Benjamin (Bibi) Netanyahu, fearful that he might lose his reelection bid, threw caution to the wind making blatant appeals to scare voters into returning him to office. He did so not caring who he alienated or what might be the consequences of his behavior. I have always argued that in the animal kingdom there is no creature more dangerous than a panicking politician and, in the last few days, Bibi was one such creature.
The day before votes were cast, Netanyahu gave a series of interviews to friendly media outlets developing themes that preyed on Israeli fears: of Palestinians, of “foreign conspiracies”, and of Israel’s own Arab citizens. He charged, for example, that if his opponents won they would submit to the pressures of the international community leading to the creation of “Hamastan B” in Jerusalem. In another interview he said, “…anyone who moves to establish a Palestinian State and evacuate territory, gives territory away to radical Islamists”. And when asked if that meant he was backing away from his 2009 pledge to support a two-state solution, Netanyahu responded “Indeed”.
He further charged that “the governments of Western Europe…are funding the campaign that is designed to oust me from power”. And he claimed that “there is a massive effort, with tens of millions of dollars…to mobilize the Arab vote…to support Herzog…it’s a massive effort…some governments are involved”.
He tied many of these themes together by race-baiting Israel’s Arab citizens warning that “[if Labor wins] Herzog and Livni will become the prime ministers…with the backing of the Arabs…causing a monumental shift in policy that will endanger the security of Israel”. And on the day of the election, in a final panicked appeal to supporters, he warned “Arab voters are coming out in droves to the polls. Left-wing organizations are busing them in”.
This was the honest Netanyahu, stripped of any veneer–not the one who once feigned support for peace or who begrudgingly pledged support for the idea of a Palestinian State. And this was the Bibi who won.
This was the same Netanyahu who once greeted the Oslo Accords with a campaign to discredit Yitzak Rabin in Israel and by teaming up with Newt Gingrich (then Republican Speaker of the Congress) to stymie the Clinton Administration’s efforts in Washington. This was the Netanyahu who was elected in 1996 on a platform committed to ending Oslo, and then acted on his commitment by, in effect, burying the peace process. And this was the same Netanyahu who, when pressured by the West, presented himself as a leader who wanted nothing more than peace, while he pursued policies that only further humiliated and provoked Palestinians, at the same time weakening and discrediting their leadership.
But Netanyahu is also a wily maneuverer. When pressed by President Clinton to sign an agreement with the Palestinians, he did. Upon returning to Israel, however, he did nothing to implement that agreement and, in fact, acted to sabotage it. Similarly, when he was pressed by President Obama, he stated his support for a “two-state solution”, but then added caveats that made mockery of this support.
In his last two governments, Netanyahu sought to hide his naked contempt for peace by adding to his coalition individuals who could provide political cover. Ehud Barak and Tzipi Livni were known figures in the West, and Netanyahu cleverly used them to shield his government from criticism, while he aggressively pursued his anti-peace, settlement expansion agenda.
Now the cover is gone and Bibi stands naked before the world. He made clear his rejection of the two state solution and his contempt for the Arab citizens of Israel. And he won.
Now Netanyahu must govern. He has just enough votes on the far right to form a coalition government that can pursue his anti-peace, anti-Arab agenda. His coalition will include Avigdor Lieberman who recently said that Israel “needs to pick up an axe and cut off the head” of any Israeli Arab “who is against us”, and Naftali Bennett who said that Palestinians were like “shrapnel in your rear end” and pledged that “I will do everything in my power to make sure they never get a state”.
Netanyahu knows that this collection of like-minded bigots will only damage Israel’s relations with the West. And so just a few days ago, when faced with international outrage over his pre-election comments, Netanyahu once again attempted to cover his nakedness by denying that he had actually backed away from support for a two-state solution. What he may also do in an effort to hide his government’s racism is to lure one of the opposition parties into his coalition in order to give his government the veneer of respectability. He will make emotional appeals to national unity and call on his would-be “partners” to do their patriotic duty by joining with him to face the grave threats confronting their country. The question is will any of them fall for such a transparent ploy and agree to serve as Bibi’s newest stooge.
Looking at the polls in Israel, it was clear that the center-left never had much hope of forming a stable government. In the best case scenario, they could have only secured the 61+ seats they needed by relying on the strength of the Arab’s Joint List. This would have left them open to the same racist charge that Netanyahu and Sharon used against Rabin in 1993–that his decisions never had the support of a “Jewish majority”. This paralyzed Rabin and would likely have had the same impact on Herzog and Livni, neither of whom would have had the strength to take on the militant far-right and the massive armed settler movement.
The bottom line is that Israelis succumbed to Bibi’s race-baiting and fear-mongering and elected the government they wanted. It is as if George Wallace had won the US Presidency in 1972. The mask is off. The “peace process” is dead. What will the West do in response? Will they buy Bibi’s act one more time, or will they call his bluff and use the pressure they have long been hesitant to use? Captive Palestinians losing all hope while living under a brutal and humiliating occupation will not wait long for an answer.
By: James Zogby, President, Arab American Institute; The Blog, The Huffington Post, March 2015
“Senators’ Letter To Iran Leader Sets Dangerous Precedent”: Nadir For A Republican Party Deformed By An Aging And Bigoted Base
Since his inauguration in 2009, President Obama’s harshest critics — all Republicans — have grown increasingly disdainful, resentful, even hateful. The most bellicose among them question his legitimacy, doubt his birth certificate and impugn his patriotism. And, all the while, leading Republican politicians have pandered to those ugly impulses.
This week, that disrespect for Obama and his presidency reached a new low when 47 Republican senators wrote a letter to Iranian leaders suggesting that any deal with him will be overturned once he leaves office. According to experts, that action is without precedent in American history. And it will go down, perhaps, as the nadir for a Republican Party already deformed by an aging and bigoted base.
President Obama’s foreign policy team is attempting to negotiate an agreement wherein Iran gives up its ambition of becoming a nuclear state. The negotiations may fail, but it’s certainly worth a try.
But GOP hardliners are opposed to even trying to negotiate an agreement. Additionally, they’d welcome any opportunity to try to embarrass Obama on the international stage.
Speaker John Boehner had already crossed all sorts of boundaries when he invited Israeli prime minister Benjamin Netanyahu to address Congress — and didn’t bother to inform the president. Now, Boehner’s fellow partisans in the Senate have written a letter, dripping with condescension toward the Iranians, which suggests that the next president would likely overturn any agreement that Obama makes. (Since they don’t know who’ll be in the Oval Office in 2017, they can hardly make that prediction.)
This is outrageous — and a clear violation of the Logan Act, passed in 1799. It says that any unauthorized citizen “who directly or indirectly … carries on any correspondence with any foreign government … with intent to influence the conduct of that government … or to defeat the measures of the United States” may be imprisoned. In other words, the founders of the republic recognized the danger in allowing individual citizens to conduct their own ad hoc foreign policy.
Does Obama’s race have something to do with this level of hostility and disrespect for his office? If I may use a favorite phrase of Sarah Palin, one of the president’s most reliable haters, “You betcha!” There is a reliable, if aging, constituency in the GOP that simply cannot stomach a black president.
Sure, Republicans were hostile and unhinged when Bill Clinton was president. Some among them claimed he was tied to Arkansas drug dealers. Some insisted that his wife, Hillary, had killed Vince Foster, a White House aide who committed suicide. A GOP-led Congress impeached Clinton.
And, yes, there have long been bitter disagreements over foreign policy, going back to the beginning of the republic. (That helps to explain the passage of the Logan Act.) But politics generally stopped, as the cliche goes, “at the water’s edge.”
Thomas Mann, a senior fellow at the Brookings Institution and a longtime Congress-watcher, told Politico that this letter plows new ground in partisanship. “What’s unusual about this — but completely in tune with what’s happened in Washington in recent years — is the contempt with which it treats the president,” he said.
If those 47 Republican senators were engaged in an honest effort to forestall a nuclear Iran, they would never have written such a letter. Senator Bob Corker (R-TN), chairman of the Senate Foreign Relations Committee, pointedly didn’t sign the letter because, he said, he needed to reach across the aisle in order to strengthen the agreement. (Seven GOP senators did not sign it.)
Earlier, several Democratic senators had indicated a willingness to work with Republicans to pass legislation that would give Congress a vote on any accord with Iran. Now, those Democrats are fuming over the disrespect shown Obama and are unlikely to go along with any GOP legislation.
But that’s not the greatest damage done by this gesture of contempt for Obama. Since Republicans have shown themselves willing to threaten the nation’s credibility on the world stage in order to embarrass a sitting president, they’ve set a precedent. Those are the new rules of the game, and they’re likely to be followed by Democrats and Republicans in the future — no matter who’s in the Oval Office.
That’s bad news.
By: Cynthia Tucker, Pulitzer Prize for Commentary in 2007; The National Memo, March 14, 2015
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