CitizenLink

Who's Who in Today's DOMA Hearing

Cross-posted on RIght Wing Watch

Senate Republicans have called Tom Minnery of Focus on the Family, David Nimocks of the Alliance Defense Fund and Ed Whelan of the Ethics and Public Policy Center as witnesses in today’s hearing on the “Defense of Marriage Act.” The groups these witnesses represent have a long record of extreme rhetoric opposing gay rights:

CitizenLink, Focus on the Family’s political arm, is a stalwart opponent of gay rights in every arena:

• Focus on the Family has consistently railed against the repeal of Don’t Ask, Don’t Tell, demanding the discriminatory policy’s reinstatement.

• The group claims anti-bullying programs that protect LGBT and LGBT-perceived youth in schools amount to “homosexual indoctrination” and “promote homosexuality in kids.”

• The group insists that House Republicans investigate the Justice Department over its refusal to defend the unconstitutional Section 3 of DOMA.

The Ethics and Public Policy Center is backed by the far-right Sarah Scaife Foundation, the John M. Olin Foundation, the Lynde and Harry Bradley Foundation, and the Koch- backed Castle Rock Foundation, all well-known right-wing funders.

• George Weigel of EPPC wrote in June that “legally enforced segregation involved the same kind of coercive state power that the proponents of gay marriage now wish to deploy on behalf of their cause.”

• Ed Whelan spearheaded the unsuccessful and widely panned effort to throw out Judge Vaughn Walker’s 2010 decision finding California’s Proposition 8 to be unconstitutional on the grounds that Walker was in a committed same-sex relationship at the time of the decision.

The Alliance Defense Fund, which bills itself as a right-wing counter to the American Civil Liberties Union, is dedicated to pushing a far-right legal agenda:

• The ADF has been active on issues including pushing "marriage protection," exposing the "homosexual agenda" and fighting the supposed "war on Christmas."

• The ADF claims 38 “victories” before the Supreme Court, including: Citizens United v. Federal Election Commission, which allows corporations to spend unlimited money on elections in the name of “free speech” and Boy Scouts of America v. Dale (2000), which allowed the Boy Scouts to fire a Scout Leader because he was gay.

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Bipartisan Agreement Breaks Out at Hearing on Faith Based Initiatives

At today’s hearing before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties, there was one item on which witnesses and Members of Congress from across partisan and ideological divides agreed: the Obama administration is ducking an important and controversial decision on whether religious organizations that take federal money to provide social services can discriminate on the basis of religion when hiring people to provide those services.  The administration further dodged the issue and rankled committee members by declining an invitation to testify.

There is some progress to report: the hearing came one day after the White House issued a long-awaited Executive Order (Subcommittee Chair Jerold Nadler called the pace of reform “glacial”) on the topic of federal funding for faith-based groups.  The Executive Order implements a number of recommendations made by an advisory council the administration had created to review what was called the Office of Faith-Based Initiatives by the Bush Administration and what is now called the Office of Faith-Based and Community Partnerships. Melissa Rogers, Director of the Center for Religion and Public Affairs at Wake Forest Divinity School and a co-chair of the president’s commission, was among those who testified.
 
Among the elements of the new Executive Order and provisions to: require that beneficiaries who object to a religiously affiliated program have access to a secular alternative; clarify rules requiring that federal money not be used for religious activities like worship or proselytizing; ensure that awards are made on the basis of merit, not religious or political considerations; and require meaningful oversight of grants without excessive entanglement in religious groups’ internal affairs.  These provisions were mostly welcomed across the political spectrum (with some sniping from the Religious Right), though there was disagreement in the advisory council over the issue of social services being provided in rooms where religious art or symbols are displayed (the administration OK’d religious symbols in rooms where secular programs are carried out) and over the question of requiring churches to set up separate nonprofit organizations to receive federal money (the administration decided not to require that step).
 
But the big unresolved issue is one that the Obama White House prevented its own advisory commission from addressing – whether groups can decide to hire only people of a certain faith for social service jobs that are being funded by American taxpayers.
 
People For the American Way, like all the Democrats present at the hearing, believes the Obama administration should overturn the poorly reasoned Bush-era Justice Department memo that misinterpreted the law to allow federally funded discrimination.  During his 2008 campaign, Obama explicitly pledged to do so. But since then the administration has declared that the Justice Department would consider the issue on a case-by-case basis. 
 
Religious Right groups and their political allies want the administration to explicitly embrace the status quo set up during the Bush administration, which allows hiring discrimination.  Progressive groups want the administration to revoke the controversial Bush-era legal memo and return to a bright line standard against taxpayer-funded discrimination.  Pretty much everyone agrees that churches and religious groups can and should be able to make religiously-grounded hiring decisions for jobs that are paid for with privately raised funds.  And everyone agrees that administration’s “case by case” approach makes no sense.
 
Come to think of it, there was one other topic of agreement: Rep. Trent Franks doesn’t know what he’s talking about.  Franks, who gained a measure of infamy last year when he denounced President Obama as an “enemy of humanity,” popped into the hearing to assert that the administration’s lack of clarity on the hiring issue was stirring controversy over a principle that the federal courts had settled for 50 years, the right of religious groups to hire based on religion.  After Franks left, there was general consensus in the room that, to be charitable, Franks was confusing the basic issue: the difference between private and taxpayer funds.  Franks wrapped his embarrassing confusion in Religious Right rhetoric about groups that supposedly want to erase religion from public life, or in his memorable words, ensure that “anything in the shadow of the American flag cannot be religious.”
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The Most Outrageous Ads of the Election

This election cycle has experienced a massive flood of political spending following the dramatic weakening of campaign finance laws in cases such as Citizens United and SpeechNow. According to Political Correction, between August 1st and October 29th, the ten biggest right-wing groups, many of which are backed by contributions by corporations and don’t publicly disclose their donors, have spent about $100 million to air 109,826 ads. Many of the conservative candidates and organizations have been employing false claims and polarizing smears in their ads meant to foment cultural divisions and discredit progressive legislation. Here are just a handful of the most outrageous and irresponsible ads used this election year:

Anti-Muslim Rhetoric

The Right Wing has used the Park51 Community Center as a way to provoke fear, stoke divisions, and promote intolerance. The debate surrounding the community center has been riddled with attacks on religious freedom and baseless claims that the project’s organizers have ties to extremist groups, and the right has attempted to make the community center in Lower Manhattan an election issue in places like Iowa and North Carolina.

American Future Fund:

Renee Ellmers (Republican nominee, NC-02)

Anti-Health Care Reform

The recently passed health care reform law has been hammered by outside groups and conservative politicians with numerous dishonest and misleading attacks. Independent fact checkers have confirmed that the law does not use taxpayer funds to pay for abortion or drugs like Viagra for sex offenders. Other false and deceptive claims include allegations that the reform law establishes death panels, creates an army of IRS agents to arrest people without coverage, cuts Medicare benefits, and leads to the government takeover of the health care system.

American Action Network:

Susan B. Anthony List & CitizenLink (Focus on the Family Action):

Anti-Immigrant Extremism

Conservative politicians are taking cues from the Right Wing Playbook on Immigration Reform by attempting to portray Latinos in America as violent criminals who threaten White Americans. While smearing Comprehensive Immigration Reform and the DREAM Act, such anti-immigrant ads unfairly depict Latinos as invaders, gangsters, and welfare-beneficiaries. Even Sharron Angle tried to distance herself from her campaign’s ads by claiming that they are not Latinos but could actually be “terrorists” from Canada.

Sharron Angle (Republican nominee, NV-SEN):

Sen. David Vitter (Republican nominee, LA-SEN):

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New Rasmussen Supreme Court Poll: Garbage In, Garbage Out

This week, right-wing polling firm Rasmussen Reports heralded a new poll which supposedly revealed that 64% of Americans think that "Supreme Court decisions should be based on what is written in the Constitution," whereas only 27% think the decisions "should be guided by fairness and justice." Yes, you heard that right, Rasmussen conducted a poll which pitted "fairness and justice" against "what is written in the Constitution" and then blasted out a press release about their amazing findings.

The media all too often treats pollsters like they're interchangeable, and that's a shame. Rasmussen is infamous among pollsters for its automated polling method – computers, not people, ask the questions – which is frowned upon by mainstream practitioners. And sometimes I have to wonder whether the computers are doing more than just asking the questions. It's almost as if they're writing the poll questions and sending out the press releases too.

But back to this week's poll. Focus on the Family quickly chimed in to say it "reveals that the American people are much more conservative regarding judges than our president is or any of the liberals in Congress." This is laughable, but we can't just laugh it off.

The Right has convinced millions of Americans that the Constitution is inherently conservative and that woolly-headed liberal judges disregard the Constitution and our laws in order to reach their desired outcomes. But these are just myths they've created to help prevent what we, and the overwhelming majority of Americans, really want: a Supreme Court that interprets the Constitution in a fair and just way. There is no need to choose between "fairness and justice" and "what is written in the Constitution." We want both.

And as for Rasmussen, it's clear enough to see the game they're playing. If you ask people ridiculous questions they're going to give you ridiculous responses. You don't need a poll and a press release to tell us that.

Kathryn Kolbert is president of People For the American Way Foundation

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