“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
“The Truth Behind Ted Cruz’s Lies”: The Ugly American Approach To Foreign Language In Moral Form
Oh happy day—freshman Texas Senator Ted Cruz is set to announce that he’s running for president. And he’s not going to announce at the Alamo or any other defiant Texas-type monument. He’s making a pilgrimage straight to the birthplace of the Moral Majority, the Jerry Falwell-founded Liberty University. The setting makes sense for a man who believes that God has called him to politics. After all, the only way to top shutting down the government is to try to run the government into the ground himself.
This month, Cruz released a short video that’s the best evidence yet for what a Cruz presidential campaign might be like. It’s called “A Time for Truth,” and the title has to be intentional irony.
Cruz’s Politifact track record for publicly-asserted falsehoods is the second-highest among front-runners, totaling 56 percent of all statements they’ve looked at. The only other leading contender with a higher rating is Ben Carson, who has a 100 percent “pants on fire” history, the result mainly of his brief time in the national spotlight and only having given Politifact one assertion to check—that people choose to be gay. (The investigative process on verifying that claim could have been entertaining, had Carson taken up Dan Savage’s invitation to take a very personal version of the Pepsi Challenge. Politifact chose a less experiential approach.)
It’s not just Cruz’s habit of embellishment that makes the video’s title more wish-fulfillment than description. One would expect a video entitled “A Time for Truth” to contain, you know, truth. Or calls to speak the truth, at the very least. Cruz’s infomercial, on the other hand, is simply a collection of Cruz clips wherein he apparently confuses speaking the truth with speaking very dramatically and forcefully. It is the Ugly American approach to foreign language in moral form.
Watch as Cruz loudly proclaims he will stand up for various things! He also asks for others to stand up for things! It’s a tic in the vernacular of the evangelical subculture Cruz hails from to think of extravagantly passionate sincerity as evidence of honesty and probity. So perhaps Cruz’s substitution of one for the other is not an intentional bait-and-switch.
Let’s indulge a thought experiment: What if, in all those cases where Cruz’s passionate sincerity has been found to be trustworthy, he meant what he said at the time?
We take it for granted that politicians lie to gain votes, to make themselves more appealing, or to make someone else look bad. But what if Cruz wasn’t craven, but instead as sincere as he sounds. What would that mean?
There are objective falsehoods that show Cruz could just be looking at a different set of data. Other, more telling whoppers show that Cruz isn’t just looking at different data, he’s living in a different universe.
The former category contains his insistence that there’s no such thing as global warming. The latter kind of lie is why Cruz can look a child in the eye and tell her the world is on fire.
Multiple news organizations have found fault with this standard refrain from his stump speech: “There are 110,000 agents at the IRS. We need to put a padlock on that building and take every one of those 110,000 agents and put them on our southern border.” There are not 110,000 agents at the IRS. There aren’t even that many employees. There are about 82,000, of whom about 14,000 are agents.
But that’s just a fact-check of the first sentence; what about the underlying notion that there’s some kind of equivalence between what accountants do and the kind of peacekeeping one might need at the border?
The most generous interpretation might be that Cruz thinks we’re not keeping track of our immigrants; more paperwork is in order. (True enough!) The spookier option is that he thinks IRS agents are as militarized as your local police force, and they would be the group to finally wrest “100 percent operational control” (an Orwellian-sounding metric Cruz often invokes but never explains) in the region.
Cruz’s fantasy life, understandably, gets warmer and fuzzier closer to home. Take his version of the aw-shucks, I-don’t-deserve-her, backhandedly condescending marital anecdote that male candidates are required to have. It casts his decision to run for Senate as a moment of unexpected validation:
He recalled saying to his wife in the weeks before his Senate primary, when he was still behind in the polls, “Sweetheart, I’d like us to liquidate our entire net worth, liquid net worth, and put it into the campaign.”
“What astonished me, then and now, was Heidi within 60 seconds said, ‘Absolutely,’ with no hesitation,” said Mr. Cruz, who invested about $1.2 million—“which is all we had saved,” he added—into his campaign.
Heidi Cruz herself recalls the conversation differently. There was no movie-friendly smash cut “absolutely,” or even assent. Rather, she told Politico, she “wanted him to raise money from elsewhere first, to show that the support was out there.” And even then, “She proposed that they not put their own cash into the campaign unless it made the difference between winning and losing.” That’s sort of the opposite of an instantaneous absolutely: a hesitant and conditional maybe.
Maybe Ted’s version is just the kind of face-saving white lie we tell ourselves to preserve harmony in a relationship. After all, it’s easier and healthier than nursing a grudge. Or, in Cruz’s mind, a hesitant and conditional maybe, if it relates to something he wants bad enough, is enthusiastic agreement.
This delusion would explain almost everything Ted Cruz does.
That would explain Cruz’s misguided belief that a wide swath of Americans want to repeal Obamacare. It would explain his quixotic crusade against the country’s growing support for marriage equality. It would make sense, even, of his run for the presidency.
Cruz, after all, is a “top-tier” candidate mostly in terms of name recognition. While he’s an extremely popular speaker at base-flaming events such as CPAC (where he finished third in the easily gamed Straw Poll), wider swaths of GOP voters are not as kind. Even among the notoriously conservative Republican Iowa caucus-goers he’s in single digits. In the even narrower category of self-identified Iowa Tea Partiers, he has only 10 percent of the vote, trailing Ben Carson (11 percent), Rand Paul (15 percent) and flavor of the month Scott Walker (33 percent).
To be fair, most politicians who run for president have some strain of the megalomania that seems to infect Cruz. Almost every politician who runs for president needs to have that curious mental twist, an ego like a funhouse mirror. Otherwise, no one except those already likely to win would run. Ask some liberal Democrats how they feel about that scenario.
But the most successful politicians seem to leaven self-importance with data. Obama’s 2008 victory over the inevitable Hillary Clinton is often painted in terms of pure marketing, but it was number-crunching that made the difference in the nitty-gritty days of the final states. Bill Clinton often looks like an example of sentiment prevailing over smarts, but his career’s lows reflect the times when he didn’t turn off the charm.
Tell the truth, Ted Cruz says. Just don’t try to get him to be honest with himself.
By: Ana Marie Cox, The Daily Beast, March 22, 2015
“The Rumblings Of Insurgency”: Quoting Facts And Naming Names
The letter written by Sen. Tom Cotton to the leaders of Iran and signed by 47 Republicans is not simply outrageous because it presents a dangerous challenge to the Constitutional framework under which the United States conducts foreign policy. It is important that we remember the context in which it came about. Here are a few recent events we need to keep in mind.
In a dramatic show of defiance toward the federal judiciary, Chief Justice Roy S. Moore of the Alabama Supreme Court on Sunday night ordered the state’s probate judges not to issue marriage licenses to gay couples on Monday, the day same-sex marriages were expected to begin here…
“I think I’ve done what I can do: advise the state court probate judges that they’re not bound by any ruling of the Federal District Court,” he said…
His argument has deep resonance in a place where a governor, George Wallace, stood in a doorway of the University of Alabama in 1963 in an unsuccessful bid to block its federally ordered integration.
Although much has changed from Wallace’s era, Chief Justice Moore had used a series of strongly worded letters and memorandums to insist that Judge Granade, an appointee of President George W. Bush who joined the federal bench in 2002, had instigated a grave breach of law.
Majority Leader Mitch McConnell on EPA regulations:
So what are governors and state officials who value the well-being of the middle class to do? Here’s my advice:
Don’t be complicit in the administration’s attack on the middle class. Think twice before submitting a state plan — which could lock you in to federal enforcement and expose you to lawsuits…
So for now, hold back on the costly process of complying.
And here’s the first thing I would do if I were president of the United States. I wouldn’t let Congress leave town until we fix this. I would literally use the military to keep them in if I had to. We’re not leaving town until we restore these defense cuts. We are not leaving town until we restore the intel cuts.
(Note: apparently Sen. Graham’s spokesperson suggested that when he said “literally,” he didn’t mean “literally.”)
Those aren’t the rantings of right wing radio hosts or tea party rabble rousers. They are the words of Republican leaders suggesting and/or recommending illegal actions. In other words, they are the rumblings of insurgency.
I don’t say that to fear-monger or join some bandwagon of hysteria. I’m simply quoting facts that we need to acknowledge and name accordingly.
By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, March 15, 2015
“Channeling His Inner George Wallace”: Judge Roy Moore Stands On The Wrong Side Of History…Again
In June, it will be 52 years since George Wallace stood in the schoolhouse door.
It happened at the University of Alabama, where two African-American students, Vivian Malone and James Hood, were attempting to register. In facing down three federal officials demanding that he stand aside and honor a court order allowing the registration to proceed, the bantam governor of Alabama sought to make good on a noxious promise: “segregation now, segregation tomorrow and segregation forever.”
The upshot is that if you go to UA today and look out from where Wallace stood, you will find yourself staring not at George Wallace Plaza, but rather at Malone-Hood Plaza, erected in honor of the two students, both of whom would go on to earn degrees from the school. Wallace was wrong morally, wrong constitutionally, wrong in the eyes of history. After half a century, his actions remain an indelible stain on the state’s honor.
You’d think Alabama would learn.
And to be fair, many Alabamans have. It’s just that Judge Roy Moore is not one of them.
Last week, apparently channeling his inner George Wallace, Moore, chief justice of the Alabama Supreme Court, ordered the state’s probate judges not to issue marriage licenses to same-sex couples. This was in defiance of a federal court that had struck down as unconstitutional Alabama’s ban on gay unions. Some judges obeyed him, some obeyed the higher court. The result was — apologies to the Temptations — a “ball of confusion” for same-sex couples seeking to be wed.
As you may know, this isn’t the first time Moore has done something like this. In 2001, he surreptitiously installed a granite monument bearing the Ten Commandments in the rotunda of the state judicial building. “Roy’s Rock” was an unambiguous violation of the First Amendment, but Moore refused to obey a federal court order to remove it.
That Moore, as your humble correspondent once wrote, “isn’t fit to judge a dog show” should be manifestly plain to anyone with eyes. How he became not just a judge but the state’s chief judge, is a mystery on a par with Stonehenge.
That said, there is nothing new here. History reminds us that whenever social change comes too fast for the South’s taste — which is to say, whenever social change comes — there seems to invariably arise some demagogue to decry the “tyranny” of having to obey the law and follow court orders. The South always resists.
That’s what necessitated the Voting Rights Act of 1965 and the Freedom Rides of 1961. It’s why federal troops had to march into Little Rock in 1957. For that matter, it’s why they had to march into Richmond in 1865. The demagogues always use the same justification, always say that in denying it the right to discriminate as it sees fit, the federal government steps on the South’s “traditions.”
Beg pardon, but some traditions need stepping on. Among them: the “tradition” of a region arrogantly arrogating unto itself the right to decide whether and when it will obey federal authority.
Of course, “tradition” is just a smokescreen word, like “values,” “heritage,” “faith” and all the other pretty terminology opponents of marriage equality use to justify their increasingly untenable position. In the raw and desperate extremism of Moore’s actions, the smoke is blown away and this much is clear: This was never about those pretty words. It is, and ever has been, only about a single ugly word: bigotry, about planting the force of law behind the belief that some of us are less than.
That’s why George Wallace stood in the schoolhouse door. Now Roy Moore stands in the courthouse door, likely to equal effect.
He should ask himself what the view will be when people stand there looking out, 52 years from now.
By: Leonard Pitts, Jr., Columnist, The Miami Herald; The National Memo, February 16, 2015
Muslims, Marriage And Bigotry”: Our Capacity To “Otherize” People Of A Different Faith, Race, Nationality Or Sexuality
In North Carolina, three young Muslims who were active in charity work were murdered, allegedly by a man who identified as atheist and expressed hostility to Islam and other faiths. Police are exploring whether it was a hate crime, and it spurred a #MuslimLivesMatter campaign on Twitter.
And, in Alabama, we see judges refusing to approve marriages of any kind because then they would also have to approve same-sex marriages. In one poll conducted last year, some 59 percent of people in Alabama opposed gay marriage. Somehow a loving God is cited to bar loving couples from committing to each other.
These are very different news stories. But I wonder if a common lesson from both may be the importance of resisting bigotry, of combating the intolerance that can infect people of any faith — or of no faith.
I don’t think Muslims should feel obliged to apologize for the Charlie Hebdo terror attacks. Nor do I think atheists need apologize for the killing of the three Muslims.
But it does seem useful for everyone to reflect on our capacity to “otherize” people of a different faith, race, nationality or sexuality — and to turn that other-ness into a threat. That’s what the Islamic State does to us. And sometimes that’s what we do, too.
O.K. I’m sure some of you are protesting: That’s a false equivalency. True, there is a huge difference between burning someone alive and not granting a couple a marriage license. But, then again, it’s not much of a slogan to say, “We’re better than ISIS!”
There has been a pugnacious defensiveness among conservative Christians to any parallels between Christian overreach and Islamic overreach, as seen in the outraged reaction to President Obama’s acknowledgment at the National Prayer Breakfast this month that the West has plenty to regret as well. But Obama was exactly right: How can we ask Islamic leaders to confront extremism in their faith if we don’t acknowledge Christian extremism, from the Crusades to Srebrenica?
More broadly, one message of the New Testament is the value of focusing on one’s own mistakes rather than those of others. “You hypocrite,” Jesus says in Matthew 7:5. “First take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye.”
We could do with a little more of that spirit these days, at a time when everybody wants to practice ophthalmology on everyone else.
When I posted on my Facebook page about the North Carolina murders, one follower, Frank, wrote dismissively: “Muslims are slaughtering people around the globe (including their own) but let’s highlight this story — seems legit.”
I’ve previously urged Muslims to reflect on intolerance in their camp, and this is an occasion when Christians, atheists and others can do the same. Did the furor in North Carolina that led to the cancellation of the Muslim call to prayer from Duke University’s chapel tower inflame sentiments?
The Alabama legal drama, with Chief Justice Roy S. Moore of the State Supreme Court defying federal authorities, is, of course, different. But it also is redolent of faith as I-am-holier-than-thou chest-thumping, a reminder of the need for humility.
Do Judge Moore and other conservative Christians think that when God made gays and lesbians fall achingly in love with each other, He screwed up?
It seems odd to me that so many conservative Christians are obsessed with homosexuality, which Jesus never mentions, yet seem unworried about issues Jesus did emphasize like poverty and suffering. Jesus explicitly advised a wealthy man, “Go, sell your possessions and give to the poor” (Matthew 19:21), so maybe that’s the Scripture that Judge Moore should follow to demonstrate his piety.
Then there’s Jesus’s praise for those who make themselves eunuchs (Matthew 19:12); but I’d settle for a little “love thy neighbor as thyself.”
I’ve written often about committed and self-effacing Christians doing outstanding work combating injustice around the world, and it’s frustrating that they don’t get attention. The problem is that their heroism is often overshadowed by sanctimonious blowhards.
Among Americans aged 18 to 24, a 2012 survey found that half or more describe present-day Christianity as “hypocritical,” “judgmental” and “anti-gay.” And more regarded it as immoral to view pornography than to have sex with a person of the same gender. Alabama is, once again, on the wrong side of history.
Pope Francis has been a breath of fresh air to Catholics and non-Catholics alike because he seems less moralizing and more moral, less about pointing a finger and more about offering a helping hand. After the tragedy in North Carolina and the legal chaos in Alabama, maybe that’s a good instinct for all of us.
By: Nicholas Kristof, Op-Ed Contributor, The New York Times, February 13, 2015