“A Supreme Sham”: They Call’m As They Prefer To See ‘Em
We can’t know yet how the Supreme Court will rule on same-sex marriage in June, but we already do know this: The decision won’t be based on a dispassionate reading of the Constitution. The 5-4 (or perhaps 6-3) ruling will be a reflection of the political orientation, values, and visceral feelings of each justice; as their “questions” (actually pronouncements) showed this week, every justice except perhaps Anthony Kennedy came into this case with his or her mind made up.
Each side will present elaborate rationales to justify its views, but legal merit will not determine which side prevails. The ruling will simply represent the results of a mini-election on a court as nakedly partisan and polarized as the country itself — a court with four “blue” justices, four “red” ones, and one swing vote. “It becomes increasingly difficult to contend with a straight face that constitutional law is not simply politics by other means,” says University of Chicago law professor Justin Driver, “and that justices are not merely politicians clad in fine robes.”
It was not always thus. Until recent decades, the court’s landmark decisions often came in one-sided rulings (Brown v. Board was 9-0). Presidents sometimes nominated distinguished jurists with indistinct ideologies, such as Byron White and David Souter, whose philosophies evolved over time. That hasn’t happened since Ronald Reagan appointed Kennedy, and it isn’t likely to happen again. So let’s drop any remaining pretense that the justices are impartial arbiters calling “balls and strikes” on the issues that divide us: gay marriage, ObamaCare, voter ID, campaign finance, religious freedom, et al. They call ’em as they prefer to see ’em.
By: William Falk, The Week, May 1, 2015
“False Prophets Trolling For Votes”: People Like Mike Huckabee Are Engaging In A Huge Act Of Bad Faith
When I read about Mike Huckabee’s speech to the National Hispanic Christian Leadership Conference yesterday, his big talking point sounded very familiar to me. It was the big talking point of a speech I gave in an oratory contest in the 8th grade. By the 9th grade I was embarrassed by it as a product of juvenile ignorance.
Mike Huckabee rallied a crowd of Hispanic evangelicals on Wednesday night, pushing back in the debate over religious freedom just one day after the Supreme Court heard oral arguments to determine whether states have the right to ban same-sex marriage.
“I respect the courts, but the Supreme Court is only that — the supreme of the courts. It is not the supreme being. It cannot overrule God,” he said. “When it comes to prayer, when it comes to life, and when it comes to the sanctity of marriage, the court cannot change what God has created.”
No, I wasn’t talking about marriage back then, but school prayer. But it doesn’t really matter, though, the principle Huck is defending is that of a “higher law” that is binding on those who recognize it. As a matter of individual conscience, that is indeed defensible, but as a principle of civil society, it is more or less self-refuting.
When Martin Luther King appealed to a “higher law” in defying Jim Crow, he wasn’t asserting some universal right to pick and choose the laws one would obey; he was, for one thing, drawing attention to a constitutional anomaly; for another, he hoped (successfully, as it turned out) to awaken a similar recognition in the hearts and minds of a majority of the American people; and above all, he was willing to pay the price for civil disobedience. And then there is the little matter that the laws he was protesting had a huge, dramatic, impossible-to-ignore personal impact on him and his family and most of his friends, beyond the offense to the “higher law.”
In claiming to emulate King’s prophetic stance, people like Huck and the other signatories of yesterday’s Pledge of Solidarity to Defend Marriage are engaging in a huge act of bad faith. They are not pointing to a constitutional anomaly, but are instead arguing for a radical reinterpretation of the Constitution that sneaks in conceptions of divine and natural law that happen to justify their particular policies. They are not appealing to the consciences of the majority, but claiming those are irrelevant. And most of all, it’s insanely laughable that they imagine themselves as self-sacrificing heroes like those of the civil rights movement; they struggle constantly to come up with a single way in which same-sex marriage actually affects them.
Beyond the phony civil rights parallels, what’s most annoying about the new “religious liberty” line is that it purports to represent a defense of freedom of conscience when it is actually an assertion that the “higher law” should trump the civil law for all of us. The Pledge of Solidary in Defense of Marriage is very clear about that:
We affirm that marriage and family have been inscribed by the Divine Architect into the order of Creation. Marriage is ontologically between one man and one woman, ordered toward the union of the spouses, open to children and formative of family. Family is the first vital cell of society, the first government, and the first mediating institution of our social order. The future of a free and healthy society passes through marriage and the family.
Marriage as existing solely between one man and one woman precedes civil government…..
Marriage is the preeminent and the most fundamental of all human social institutions. Civil institutions do not create marriage nor can they manufacture a right to marry for those who are incapable of marriage. Society begins with marriage and the family.
So no, these people are not asking to be left alone with their beliefs, and their demands go far beyond the tender consciences of Bakers and Florists of Conscience who cannot tolerate the idea of two people they regard as rebels against God pledging love to each other. They are basically saying they have no obligation to obey any of the laws promulgated by a society (or what Richard John Neuhaus’ in his famous essay justifying revolution on exactly these same grounds called a “regime”) that has forfeited its legitimacy.
“Higher law” appeals are perverse coming from someone running for President of the United States. If Huck wants to stand in the courthouse door and defy a Supreme Court decision declaring marriage equality a constitutional right, he should let his freak flag fly and suffer the legal consequences of following his conscience. Using such arguments to troll for the votes of people upset by social change isn’t in the spirit of Martin Luther King, but is entirely consistent with the thinking and behavior of the scofflaws on the other side of the firehoses at Selma claiming a God-given inalienable right to discriminate.
By: Ed Kilgore, Contributing Writer, Political Animal Animal Blog, The Washington Monthly, April 30, 2015
“Change Your Stand, Or Shut Your Mouth”: ‘The Culture War’ — A Battle The GOP Can’t Win
The argument is over and conservatives have lost. Some of them just don’t know it yet.
That’s the takeaway from the remarkable events of last week wherein the states of Indiana and Arkansas executed high-speed U-turns — we’re talking skid marks on the tarmac — on the subject of marriage equality. Legislatures in both states, you will recall, had passed so-called “religious freedom” laws designed to allow businesses to refuse service to same-sex couples. In Indiana, the governor had already signed the bill and was happily dissembling about the discriminatory nature and intent of the new law.
Then reality landed like the Marines at Guadalcanal.
Indiana Gov. Mike Pence made a fool of himself on ABC’s “This Week with George Stephanopoulos,” five times refusing to answer a simple yes or no question about whether the bill would protect a business that refused to serve gay people. Angie’s List, which is headquartered in the state, delayed a planned expansion. NASCAR, the NCAA, the NFL, the NBA, the WNBA, and a host of businesses condemned the law. Conventions pulled out and some states and cities even banned government-funded travel to Indiana.
Down in Arkansas, where similar legislation awaited his signature, Gov. Asa Hutchinson was no doubt watching with interest as Pence was metaphorically shot full of holes. Then he received a tap on the shoulder from a very heavy hand. Walmart, the largest retailer on Earth, born and headquartered in Arkansas, urged a veto, saying the bill “does not reflect the values we proudly uphold.”
Both governors promptly got, ahem, religion. Hutchinson sent the measure back to legislators for revision. Pence signed a measure to “fix” a law whose glories he had spent so much time touting.
And here, a little context might be instructive. Twenty years ago, you recall, we were essentially arguing over the right of gay people to exist. The debate then was over whether they could serve in the military, adopt children, be fired or denied housing because of their sexuality, Ten years ago, public opinion on most of those issues having swung decisively, we were fighting over whether or not they could get married. Ten years later, that point pretty much conceded, we are arguing over who should bake the cake.
The very parameters of the debate have shifted dramatically to the dreaded left. Positions the GOP took proudly just 20 years ago now seem prehistoric and its motivations for doing so, threadbare. This is not about morality, the constitution or faith. It never was.
No, this is about using the law to validate the primal sense of “ick” that still afflicts some heterosexuals at the thought of boys who like boys and girls who like girls. And the solution to their problem is three words long: Get over it.
Or, get left behind. Consider again what happened last week: Put aside NASCAR, the NBA and Angie’s List: Walmart is, for better and for worse, the very embodiment of Middle-American values. To rephrase what Lyndon Johnson said of Walter Cronkite under vastly different circumstances, if you have lost Walmart, you have lost the country.
On gay rights, conservatives just lost Wal-Mart.
The adults on the right (there are some) understand that they are out of step with the mainstream, which is why they’d just as soon call a truce in the so-called “culture wars.” The fanatical, id-driven children on the right (there are far too many) would rather drive the GOP off a cliff than concede. Somebody needs to sit them down and explain that when you have taken an execrable stand and been repudiated for it as decisively as the right has been, you only have two options: Change your stand, or shut your mouth.
At this point, either one will do.
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, April 8, 2015
“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
“Give Up, Evangelicals”: The Republican Party Isn’t Going To Help You
Evangelicals are not thrilled about a third coming of Bush. Concerned that former Florida Governor Jeb Bush will receive the GOP nomination thanks to his credit with the party establishment, Evangelical leaders around the country are in talks “to coalesce their support behind a single social-conservative contender,” The New York Times’ Trip Gabriel reports. Evangelicals do not believe that Bush “would fight for the issues they care most about: opposing same-sex marriage, holding the line on an immigration overhaul and rolling back abortion rights,” and fear that another bruising round of Republican primaries could lose the GOP the presidential race by failing to unite the party’s base.
Evangelicals have good reason to be worried. Despite Evangelicals’ willingness to throw their support behind establishment candidates—they enthusiastically voted for Mitt Romney and John McCain—the United States seems to resemble the Evangelical vision less and less. Since the mobilization of the Christian right as a useful voting bloc back in the 1980s, Evangelicals have enjoyed careful courtship from the Republican establishment, as evident in Senator Ted Cruz’s mating dance with right-wing Christians at his Liberty University announcement speech on Monday. But despite being Republicans’ “biggest, most reliable voting bloc,” in the words of Republican National Committee faith engagement director Chad Connelly, Evangelicals appear to have received relatively little from their arrangement with the GOP.
Next month, the Supreme Court will tackle same sex marriage, and all signs indicate that the justices will legalize same sex marriage nationally. The last bastion of hope for Evangelicals in such a circumstance would be religious freedom legislation like the bill recently signed into law by Indiana Governor Mike Pence, which would allow, inter alia, Christian businesses to refuse service to gay customers. These laws represent a kind of retreat from calls for gay-marriage bans, a shield of isolation around small enclaves of Evangelical sentiment that were ultimately incapable of winning the larger political fight. Likewise, despite the willingness of GOP candidates to speak to Evangelical concerns about abortion—29 percent of Evangelicals consider it a “critical issue” for our country—Roe v. Wade has not been overturned, and abortion is not illegal in a single American state. Instead, states have taken to fiddling with regulations relating to waiting periods, counseling, invasive ultrasounds, and parental notification in order to construct makeshift de-facto bans. Pornography, despite the best efforts of Evangelicals over several decades, is not banned. Evolution, too, persists in public schools, along with sex-ed; indeed, the only broadly Evangelical-backed political project that seems to have a prayer at the moment is comprehensive immigration reform, the success of which will largely depend upon keeping people like Ted Cruz out of office.
Some Republicans, like former Fox News host Mike Huckabee, are upfront about the fact that Evangelicals have been taken for a ride by the GOP. “They’re treated like a cheap date,” Huckabee told Politico during a 2013 interview, “always good for the last-minute prom date, never good enough to marry.” Evangelicals are always game to hit the polls, in other words, when the GOP needs to pull out a win: but that doesn’t necessarily mean Republicans will be invested in pushing Evangelical issues once they get into office, or that they’d have any success if they tried.
Faced with the inability of their alliance with the Republican Party to produce much more than militarism and deregulation, neither of specific moral interest to Evangelicals, the Evangelical polity itself has begun to split, with some clinging to the triumphalist rhetoric of the past, in which America was a Christian nation and Christianity was an American religion, while others have moved on to lobbying for cells of legal protection from the country’s rapidly shifting moral landscape. For this reason, Religion Dispatches’ Sarah Posner notes, most Evangelicals would “rather hear the candidates talk about religious freedom, not offer overwrought displays of piety blended with patriotism.”
If Jeb Bush is interested in capturing the Evangelical vote, he could promise to push for laws that protect religiously motivated employers from legal censure should they choose to refuse business to LGBT clients. The fact that these laws have been a struggle even at the state level (Arizona governor Jan Brewer, no fan of same sex marriage, still vetoed such a measure last February, while Utah’s Republican-controlled legislature settled on a compromise earlier this month) suggests that they would be even more of a headache at the national level. But if history has revealed anything about the relationship between Evangelicals and their Republican allies, it’s that the promises made and positions telegraphed during campaigns don’t have to be kept.
Still, it seems that the rift between establishment Republicans and Evangelicals will be injurious to the GOP in the long term. As time passes, leveraging the necessary political force to reverse many of the decisions that most rankle the Christian right, including Roe and same-sex marriage, will become even more challenging, making it less likely that an Evangelical favorite could do much to roll these policies back even if elected. And, as failures on that front continue, Evangelicals will likely keep seeking out alternative candidates to rally around, further fracturing a GOP base already tugged in strange directions by the Tea Party. Any Evangelical darling (Huckabee, for example) would likely turn out unelectable in a national election, meaning that Evangelical success will add up to an easy win for Democrats, and another round of disappointments for the Evangelicals themselves. In short, the romantic alliance that was sold to Evangelicals when the Moral Majority helped deliver Ronald Reagan to the White House appears finally to have unraveled altogether.
Which ultimately might be an improvement for Christian politics. As Kevin Kruse notes in his forthcoming book One Nation Under God: How Corporate America Invented Christian America, the alliance between Christian voters and politicians on the right was largely a calculated product born of plush industrialist funding and the handy rhetoric of the McCarthy era. But with the threat of Soviet aggression dissolved and the political promise of the Republican-Evangelical coalition played out, perhaps Evangelicals will be able to look beyond a frustrating alliance in which their interests were always low priority. The faith and family left, as the Pew Foundation has termed it, awaits their support.
By: Elizabeth Stoker Bruenig, The New Republic, March 31, 2015
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