Fighting the Right

New Poll Shows Overwhelming Opposition to Private School Vouchers

The annual PDK/Gallup poll records the highest level of opposition to private school vouchers in the survey's history.
PFAW

Pennsylvania’s Tea Party Governor at War with Public Schools

The Philadelphia school system, which is under state control, is facing a catastrophic opening...
PFAW

Keeping ALEC In The Spotlight

When the right-wing American Legislative Exchange Council recently held its 40th annual meeting in Chicago, thousands -- including PFAW activists -- crashed the party.
PFAW

From the Archives: Ken Buck's Extreme Record

As you may have heard, 2010 Tea Party candidate Ken Buck has decided to throw his hat into the ring for the 2014 Senate race in Colorado. Unfortunately for him, no one has forgotten the extreme record that led voters to reject him last time around.

PFAW

Revisiting McConnell’s Obstruction and the 2014 Kentucky Senate Race

The 2014 elections are quickly heating up in Kentucky. Two weeks ago, Tea Party candidate Matt Bevin announced his plans to challenge Senate Minority Leader Mitch McConnell in the Republican primary, setting off a round of vicious attack ads from McConnell’s campaign almost instantly.  Even more troublesome for McConnell though than Bevin’s primary challenge is the prospect of a general election fight with Secretary of State Alison Lundergan Grimes, who announced her candidacy in early July and who is expected to coast through the Democratic primary.  According to a poll released on July 31st, Grimes is leading McConnell by 2% in a potential head to head race, and is polling 15% higher amongst those who have heard of both candidates – McConnell, a longstanding incumbent, currently enjoys substantially higher name recognition.

Although Grimes and Bevin are polar opposites on the political spectrum, they both are in agreement on one thing: Senator Mitch McConnell is vulnerable.  Polling data released in April revealed that a full 54% of Kentuckians disapprove of McConnell’s job performance in the Senate, while only 36% approve.

Such numbers should not come as a surprise to any casual observer of the Senate.  McConnell is the king of gridlock, and has become the personification of DC dysfunction.  Kentuckians, like the rest of the country, have grown understandably fed up with his tactics.

Earlier this year, Public Campaign Action Fund explored McConnell’s obstruction in a report entitled, “Cashing in on Obstruction: How Mitch McConnell’s Abuse of the Filibuster and Other Senate Rules Benefits His Big Money Donors.” Among other findings, the report revealed that McConnell’s repeated and unprecedented use of the filibuster has benefitted the interests of his campaign backers.  The report’s case studies were particularly instructive.

In March of 2012, on the very day debate began on a bill that would have repealed Big Oil subsidies, McConnell received an astonishing $131,500 in campaign contributions from Texan oil donors.  Three days later, the bill was blocked by a filibuster.

In April of 2009, the House passed the “Helping Families Save Their Homes Act,” a bill that included a provision that would have granted bankruptcy judges more flexibility to modify mortgages for homeowners facing foreclosure, and that would have cost the country’s biggest banks billions of dollars in profits.  That provision failed to receive the necessary 60 votes to overcome a filibuster and didn’t make it into the Senate version of the bill.  Over the course of his career, McConnell has received $8.7 million in campaign contributions from Wall Street interests.

In 2010 and 2012, despite overwhelming public support for providing transparency in election spending, McConnell led the charge against the DISCLOSE acts, bills that would have closed current loopholes in federal election law and brought Citizens United-empowered “dark money” groups to light.  Those groups – 501c4 non-profits and 501c6 trade associations – spent at a 5:1 ratio in favor of Republicans like Senator McConnell over Democrats in the 2012 election cycle.

In March of 2010, John J. “Jack” McConnell (no relation) was nominated to the District Court of Rhode Island, after successfully litigating against asbestos, tobacco, and lead paint interests on behalf of consumers.  Jack McConnell faced substantial opposition from trade associations that represent those interests, like the Chamber of Commerce, and from Senator McConnell, who, after filibustering the nomination and delaying the vote so that it took a full 420 days to be confirmed, stated for the record he resented Jack McConnell’s “persistent hostility to American job creators.” Senator McConnell has received, it should be noted, $1.7 million in campaign contributions from the insurance industry alone.

McConnell’s career campaign contributions by sector
Source: Public Campaign Action Fund

Yet beyond obstructing the governing process to the benefit of his campaign backers, Senator McConnell has also pursued obstruction for the sake of gridlock itself.  As People For the American Way continues to report , McConnell’s treatment of judicial nominees has been particularly abominable.  The obstruction of Jack McConnell, a district court nominee, was not an aberration; it was part of a strategy of judicial obstruction that, under McConnell’s continued abuse of Senate rules, has become standard practice.  During the eight years that President George W. Bush was in office, only one federal district court nomination was filibustered, requiring the majority to file a cloture petition; so far under President Obama, Republicans have forced Democrats into 20 such filings for district court nominees. 

There’s a price to pay for unremittingly representing corporate interests, and for being the leader of an assault on the Senate’s functionality.  And the American public, and the state of Kentucky, are well of aware of who’s to blame.

PFAW

Confronting the GOP's Lies in the Border Debate

In a presentation last week at the offices of New Democrat Network, a Washington, D.C. think tank, political analyst Simon Rosenberg challenged the Republican resistance to comprehensive immigration reform. According to Rosenberg, the GOP’s arguments against legalization of undocumented immigrants are based on faulty numbers and false proselytizing. The GOP argues that the border is violent and therefore requires greater security and more border patrol officers. They criticize the track record of the Obama administration and argue that the president can’t be trusted to secure the border. They argue that once we reward those who have entered the country illegally with citizenship, the floodgates will open, and immigrants will flock from countries all across Latin America.

According to Rosenberg, the reality is just the opposite.

“The border is safer, the immigration system is better, and Mexico is modernizing and growing,” Rosenberg said. From 2004 to 2012, the number of border patrol agents on the ground has doubled. The yearly apprehension rate fell to only 19 apprehensions per agent in 2012, a dramatic decrease from the average rate of 306 per agent back in 1992. Rosenberg argued that the increasing number of patrol officers and the steadily declining apprehensions rate indicate that the current border patrol is more than capable of handling the border situation. While the Republicans are arguing for thousands more officers, the workload per officer is already reasonable.

Rosenberg also argued that the Obama administration has made great gains in improving the immigration system. The use of more targeted I-9 audits and the use of prosecutorial discretion to prioritize criminals for deportation are both notable gains that the White House and the Department of Homeland Security should take credit for.

Lastly, Rosenberg argued that Mexico’s own success in terms of GDP growth and increased trade with the U.S. bodes well for the future of the country. Increased cooperation with Mexico is yet another avenue for improving the immigration system.

Rosenberg’s closing message was clear. We have made great progress, but we need a comprehensive immigration reform bill with a reasonable path to citizenship. And if we have any hope of reaching a bipartisan agreement, the GOP’s lies need to be repudiated.

PFAW

In 2016, Remember This Week at the Supreme Court

It's been a week of mixed emotions for those of us who care about civil rights. There was the elation today when the Supreme Court overturned the so-called Defense of Marriage Act -- the discriminatory law that has hurt so many Americans in its nearly 17 years of existence -- and let marriage equality return to California. There was the anger when the Court twisted the law to make it harder for workers and consumers to take on big corporations. And there was the disbelief and outrage when the Court declared that a key part of the Voting Rights Act that was so important and had worked so well was now somehow no longer constitutional.

But throughout the week, I have been reminded of one thing: how grateful I am that Mitt Romney will not be picking the next Supreme Court justice.

It remains true that this Supreme Court is one of the most right-leaning in American history. The majority's head-in-the-sand decision on the Voting Rights Act -- declaring that the VRA isn't needed anymore because it's working so well -- was a stark reminder of why we need to elect presidents who will nominate Supreme Court justices who understand both the text and history of the Constitution and the way it affects real people's lives.

We were reminded of this again today when all the conservative justices except for Anthony Kennedy stood behind the clearly unconstitutional DOMA. Justice Antonin Scalia -- no stranger to anti-gay rhetoric -- wrote an apoplectic rant of a dissent denying the Court's clear role in preserving equal protection. If there had been one more far-right justice on the court, Scalia's dissent could have been the majority opinion.

Just think of how different this week would have been if Sonia Sotomayor and Elena Kagan were not on the court and if John McCain had picked two justices instead. We almost certainly wouldn't have a strong affirmation of LGBT equality. Efforts to strip people of color of their voting rights would likely have stood with fewer justices in dissent. And the rights of workers and consumers could be in even greater peril.

As the Republican party moves further and further to the right, it is trying to take the courts with it. This week, we saw what that means in practice. As we move forward to urge Congress to fix the Voting Rights Act and reinforce protections for workers and consumers, and work to make sure that marriage equality is recognized in all states, we must always remember the courts. Elections have real consequences. These Supreme Court decisions had less to do with evolving legal theory than with who appointed the justices. Whether historically good or disastrous, all these decisions were decided by just one vote. In 2016, let's not forget what happened this week.

This post originally appeared in the Huffington Post.

PFAW

Maddow Applauds PFAW's Work Monitoring the Right Wing

Rachel Maddow gave an appreciative nod to People for the American Way’s work monitoring the Right Wing.
PFAW

As Immigration Bill Advances, Common Sense Faces off with Extremism

Last night the Senate Judiciary Committee voted 13-5 to advance immigration legislation that creates a path to citizenship for millions of undocumented immigrants.  It is expected to come to the Senate floor for debate in June. 

As the bill moves forward, Republicans in Congress will have to make a choice between casting their lot with the majority of their party and country in supporting common-sense reform or with anti-immigrant extremists attempting to stand in the way of progress.  As Right Wing Watch has documented, right-wing activists continue to push damaging, outrageous lies about immigrant communities.  Maria Espinoza, director of a project linked to the nativist Numbers USA, proclaimed that “no one is immune to the illegal who drives wildly drunk, or the wanna-be gang-banger who needs to machete innocent citizens to gain entry and respect into the Latino or other gangs.” Center for Immigration Studies director Mark Krikorian has called GOP immigration reform supporters “useful idiots” and claimed that “Native-born Hispanic Americans, who make up most Hispanic voters, have a majority of the children that are born to them are illegitimate, very high rates of welfare use.”

As the GOP works to change their party’s image for Latino voters, they face a choice between standing with those on the far-right fringe such as Krikorian and Espinoza or standing with the bipartisan majority pushing for much-needed change.

PFAW

Hypocrisy, McCarthyism & “Christian Persecution”

It seems like with every election, congressional hearing or large gathering of its activists, the Right reaches new lows. Here are some updates on what we’re up against right now.

Rewarding Hypocrisy -- Sanford and Cruz

This week, former South Carolina Governor Mark Sanford staged a political comeback and won a special election to reclaim the U.S. House seat he once occupied. Sanford had left office mired in scandal about his extramarital affair and ran a campaign centered on his own humility and learned compassion -- although, apparently his experience did nothing to dissuade him from his moralizing anti-choice and anti-gay positions. I pointed out in a piece on the Huffington Post yesterday that Sanford trumpeted his new personal understanding of "human grace as a reflection of God's grace," but his ideas of grace, choice and personal freedom as they apply to his own story don’t seem to be pushing him in the direction of supporting those things for same-sex couples, women, religious minorities or really anyone who is not just like him.

Sanford’s just the tip of the iceberg.

This past weekend NRA convention speakers from Glenn Beck and Rick Santorum to Sarah Palin and NRA president Wayne LaPierre attacked “the Left,” the Obama administration, the media and, basically, their straw man version of The (uber-liberal) Establishment for using fear tactics to scare Americans into supporting common sense gun reforms like background checks… while in the same breath stoking paranoia about every manner of “big government” tyranny, like the forced disarmament of America’s law abiding gun owners.  

Another NRA convention speaker, Sen. Ted Cruz (R-TX) is being discussed in right-wing circles (and by Cruz himself) as potential presidential candidate in 2016. Cruz is a Tea Party super star who is making waves by challenging the traditional role of freshmen U.S. senators and recently gained notoriety for leading the filibuster of the background check requirement for gun purchases (the one 90% of Americans support) and then insulting his fellow Republican senators at a Tea Party event. But Sen. Cruz was born in Canada. Where are all the Tea Party “Birthers” who claimed that President Obama was born in Kenya and therefore he didn’t qualify as a “natural born citizen,” making him ineligible to run for president, even if his mother was an American citizen??

Whether it’s based on race, politics or ideology, the hypocrisy here is palpable … as it was when Cruz bragged to the NRA about vowing to filibuster any gun safety reform, no matter how common-sense or popular, but in the same speech, tore into Senate Majority Leader Harry Reid for requiring a 60 vote threshold to advance one of his preferred “pro-gun” bills, which incidentally had less support in the Senate than background checks.

It seems that it’s not so much a good redemption story the Right loves as it is blatant hypocrisy that gets rewarded with support and popularity.

McCarthyism

It must be political witch hunt season because Republicans in Congress – fueled by their allies in the right-wing media – are embarking on some serious fishing expeditions in attempts to smear the president, his nominee for Labor Secretary Tom Perez and former Secretary of State Hillary Clinton.

Rep. Darrell Issa (R-CA), chair of the House Oversight and Government Reform Committee channels Sen. Joe McCarthy perhaps more than any other sitting member of Congress in his overzealous twisting of facts and events to “support” his hyperbolic allegations like President Obama’s is “the most corrupt government in history” and Hillary Clinton and her inner circle staged a vast “cover up” surrounding the embassy attack in Benghazi. Issa, who himself is no stranger to ethical questions (again with the hypocrisy -- they can’t help themselves), along with his allies, who include most congressional Republicans, the Religious Right and virtually the entire conservative movement, are clearly being motivated by their expectations that former Sec. of State Clinton will be a formidable candidate for president in 2016, so they are trying to tar her in advance.    

Issa and his House cohorts have been involved in the attacks on Tom Perez as well, although the real obstruction is taking place in Senate, where Perez’s confirmation vote has been delayed again by Republicans on the Health, Education, Labor & Pensions (HELP) Committee. While obstructing an eminently well qualified Latino nominee seems like a funny way to demonstrate the GOP’s “rebranding” and appeal to Latino voters, the attacks on Tom Perez have truly been as vicious as they are baseless. Rep. Steve King (R-IA) alluded to Perez being “a dishonorable man,” and Rep. Jim Jordan (R-OH) contorted claims about an incident involving the city of St. Paul, MN to assert that Perez wanted to “hurt poor people” simply because he was in a position of power from which he could do so.

This week, PFAW delivered 50,000 petition signatures to the Senate HELP Committee urging an end to the obstruction and swift action to confirm Tom Perez, and we’ll continue to keep the pressure on.

Religious Right’s Persecution Fantasy

Claim after claim after claim of “persecution,” used as examples of a “war on Christians” by Religious Right activists, talk show hosts and politicians, gets thoroughly debunked. But even as these examples are firmly established as myths, right-wing leaders, and even lazy mainstream journalists, continue to cite them in their speeches and reporting. PFAW’s Right Wing Watch released an In Focus report in the first weeks of the Obama administration in 2009 about the Right’s use of a “big lie” strategy about a war on Christians to stoke the base’s false fears of religious persecution. We are seeing every day in our Right Wing tracking that the playbook we identified remains in constant use.

Corporate Court(s)

A new study by the Constitutional Accountability Center details the remarkable success corporate special interests like the Chamber of Commerce have had before the current Supreme Court. Certainly as, if not even more, notable, another study published in The Minnesota Law Review ranked all 36 Supreme Court justices of the last 65 years based on their pro-corporate bent. While all five of the current Court’s conservative justices made the top 10, President George W. Bush’s nominees and the two most recent conservative additions to the Court, Chief Justice Roberts and Justice Alito, were at the very top of the list.

Meanwhile, a separate study from the nonpartisan Congressional Research Service confirms what we’ve been pointing out for years -- that President Obama’s judicial nominees are being treated exceptionally poorly by Senate Republicans. Emblematic of the obstruction of President Obama’s nominees has been the situation with respect to the DC Circuit Court of Appeals, often called the nation’s second most powerful court. Republicans are fighting tooth and nail to preserve the DC Circuit’s rightward tilt even at the cost of maintaining vacancies that severely hinder the Court’s ability to do its job.

PFAW will continue to call attention to and fight the GOP’s unprecedented judicial obstruction in the DC Circuit and the entire federal judiciary. We expect several confirmation battles on the horizon, with new nominations expected to be announced by the White House in coming weeks, and we’ll be employing various strategies to make sure senators are feeling the heat in their own states over the GOP’s unconscionable obstruction.

PFAW

You won't believe what's in the OH GOP's budget...

Not content simply to pass a definitively right-wing budget, in recent weeks the extremist Republicans in control of Ohio’s legislature tacked on a slew of amendments to a substitute budget bill that read like a Radical Right Christmas wish list, including:

  • Cracking down on student voting -- Republicans are attacking young people’s ability to cast a ballot by threatening state universities and trying to discourage them from supplying the proof-of-address documentation needed by students to get a voter ID! They’re going after universities’ revenue by requiring that any students to whom the schools provide utility bills or other proof be charged significantly less expensive in-state tuition -- a massive deterrent to keep schools from providing these forms to would-be voters.
  • War on women -- The bill would block Planned Parenthood from receiving federal family-planning dollars … You might be thinking, “Ah, that old chestnut… will right-wing attacks on women’s health ever cease?” Well, if you live in Ohio, the answer is clearly, “not this year!”
  • Attacking sex ed & teachers -- A provision about sex education opens teachers up a $5,000 fine and lawsuits from parents if their instruction “promotes gateway sexual activity.” Translated, this means that sex education teachers now face stiff penalties for teaching certain evidence-based lessons about health care, and for providing materials or information about contraception or several other topics the Religious Right doesn’t like (ie. doing their job).

If you live in Ohio, please help STOP this budget bill by calling now and urging your state representative to OPPOSE Sub. H.B. No. 59. Click here to find your legislator.

PFAW

The Background Check Filibuster: "Who's Laughing Now?"

Senators who voted to filibuster a bipartisan gun sale background check bill are losing friends quickly. After all, 90 percent of voters and 90 percent of gun owners supported the measure...
PFAW

As Washington Begins Debate on Gun Violence Bills, National Responses Vary

As the U.S. Senate prepares to consider a package of gun violence prevention proposals this week, the current debate on the role of guns in society has led to a variety of legislative responses in D.C. and across the nation.
PFAW

Prison Privatization: Reality vs. 'Magic of the Marketplace'

People For the American Way’s 2012 Right Wing Watch In Focus report, “Predatory Privatization,” included a section on the pernicious private prison industry. The report documented that, for all the talk of efficiency and accountability among lawmakers pushing privatization, the evidence pointed to a different reality: private prisons often deliver worse service, at higher costs to the taxpayer, with little accountability. One reason: massive spending by prison corporations on lobbying and political contributions.

Today, Think Progress points to new evidence: a sordid tale of prison privatization in Ohio. It links to a timeline produced by the ACLU of Ohio that chronicles the abysmal record of the Lake Erie Correctional Institute in the 18 months since Ohio sold the prison to the Corrections Corporation of America.

In that short period, the prison flunked two inspections, with independent reports documenting “filthy, broken facilities, as well as much higher rates of crime and violence in and around the prison.”

What about accountability? Think Progress notes:

Despite Lake Erie’s multiple violations of state standards, Ohio has stubbornly maintained its infatuation with private prisons. The state plans to outsource prison food to Aramark, a private vendor already under investigation in Kentucky for multiple contract violations, including serving old food that had not been stored properly and overbilling the state.

Republican-dominated state legislatures are all too eager to ignore the private prison industry’s dismal record. CCA and other companies like GEO are paying well to maintain their massively profitable government contracts; the industry spent $45 million on lobbying in the past decade. CCA has done especially well for itself, rebounding from near bankruptcy in 2000 to rake in a net income of $162 million in 2011.

PFAW

What the Right Got Wrong About Marriage Equality

People For the American Way’s Right Wing Watch has been closely following the Right Wing’s reaction to this week’s marriage equality arguments at the Supreme Court – which ranges from awkward homophobic discussions to outright threats of revolution.

Last night, our director of communications, Drew Courtney, went on PoliticsNation with Al Sharpton to discuss the Right’s reaction to the marriage cases. Watch it here:
 

Visit NBCNews.com for breaking news, world news, and news about the economy

 

PFAW

Young Elected Officials Call for Gun Violence Prevention Reforms

Daniel Hernandez - Rep. Gabby Giffords' heroic intern, now a school board member in AZ - appeared on the Ed Show to discuss a letter from 42 members of PFAW’s Young Elected Officials Action program urging gun violence prevention reforms.
PFAW

Challenging the Right on Religious Liberty

The ongoing campaign by the Religious Right and its conservative Catholic allies to redefine religious liberty in America – which has been covered extensively by PFAW and Right Wing Watch – is the focus of a new report released on Monday by Political Research Associates, a think tank that also monitors right-wing organizations. “Redefining Religious Liberty: The Covert Campaign Against Civil Rights,” was written by Jay Michaelson, who published a condensed version in the Daily Beast.

Michaelson’s report reviews the organizational players and the strategies they employ, among them: mixing fact and fiction; claiming that there is a war on religious liberty; and reversing the roles of victim and oppressor to portray as religious liberty “victims” people who claim a right to discriminate against others. He notes that Religious Right disinformation has had some success in shaping public opinion: in Minnesota last year a large plurality of marriage equality opponents believed that if marriage equality became the law, churches would be forced to solemnize same-sex marriages, even though there is universal agreement that the First Amendment guarantees that churches are and will always be free to choose which relationships to bless or not to bless.

The PRA report includes the following recommendations for social justice advocates:

1. Define and publicize the campaign to redefine religious liberty

2. Organize a unified response

3. Counter misinformation

4. Reclaim the religious liberty frame

5. Develop academic responses

6. Leverage religious communities

7. Ongoing research and monitoring

Religious liberty was also the topic of a forum at the Newseum in Washington, D.C., cosponsored by the Newseum’s Religious Freedom Education Project, Moment Magazine, and the Committee on Religious Liberty of the National Council of Churches. Moment, an independent Jewish Magazine, has also published a special Religious Freedom issue for March/April 2013.  At the conference, two large panels brought together a range of religious and secular voices to discuss and debate the meaning of religious liberty and the claims that liberty is under attack in the U.S. today. It's impossible to give complete coverage in a blog post but here are some highlights.

Charles Haynes, the First Amendment expert who heads Newseum’s religious liberty committee, noted that the broad coalition that came together to back the Religious Freedom Restoration Act in the 1990s is no longer.  Michael Lieberman, director of the Civil Rights Policy Planning Center for the Anti-Defamation League, suggested a reason: that the coalition had intended RFRA to be a shield against government restrictions on the free exercise of religion, but that conservative groups had turned RFRA into a spear used to attack anti-discrimination laws.

One central principle of PFAW’s Twelve Rules for Mixing Religion and Politics became clear: while people can agree on the broad principle that religious liberty protects the freedom to live in accord with one’s religious beliefs, that consensus breaks down quickly when deciding how law and policy should react when religious liberty comes into tension with other constitutional principles like equality under the law. Indeed, panelists strongly (but civilly) disagreed on to what extent organizations – whether religiously affiliated institutions or business corporations – should be able to claim exemption from anti-discrimination laws or the HHS requirement for insurance coverage of contraception. 

Richard Foltin of the American Jewish Committee argued for a shades-of-gray, rather than a black-and-white approach, saying organizations should be viewed on a spectrum, with churches and sectarian institutions on one end and corporations at the other. Foltin said the AJC has submitted amicus briefs in favor of marriage equality at the Supreme Court, but also believes that there are significant religious liberty questions that courts will have to deal with as marriage equality is implemented.  (As noted at another point during the day, the states that now recognize marriage equality all have somewhat different religious exemptions.)

Michaelson proposes five tiers of organizations with differing levels of claims to religious liberty: churches/denominations; religious organizations; religiously affiliated organizations; religiously owned business, and religious individuals. The right-wing, he says, keeps trying to “move the sticks” from the first three groups to the latter two.  He notes that the Mormon Church owns extensive business interests, including shopping malls, and says that if business owners are allowed to claim exemption from anti-discrimination laws and other regulations based on religious belief, many employees will have their rights and interests restricted. 

Author Wendy Kaminer argued that the religious liberty of institutions is over-protected rather than threatened, saying that she believes some claims for religious liberty are actually demands for religious power to impose their beliefs on others.  If business owners are allowed to claim a religious exemption from generally applicable civil rights laws, she asked, what would be the limiting principle to such claims? Could business owners cite religious beliefs to ignore child labor laws, or to refuse to hire married women?  Kaminer challenged what she called an emerging legal double standard: when it comes to taking government funds, advocates say religious organizations need a level playing field and should be treated like every other organization. But when it comes to free exercise claims, and groups like Catholic Charities say they shouldn’t be subject to generally applicable laws, they don’t want a level playing field but special privileges.

Holly Hollman, general counsel of the Baptist Joint Committee for Religious Liberty, said that overblown rhetoric about threats to religious freedom is damaging to public understanding of religious liberty. She suggests that the first response to someone who talks about threats to religious liberty should be to ask them what specifically they are talking about.  For example, while people may be concerned when they hear about “an assault on religious liberty,” most Americans do not see a problem with requiring religiously affiliated institutions to abide by anti-discrimination laws or meet contraception requirements.

Legal scholar Jeffrey Rosen suggested that on church-state issues, the Supreme Court justices could be divided into three camps: religious supremacists, advocates of “religious neutrality,” and strict church-state separationists.  The separationists, he said, had their heyday in the 1970s and early 1980s, but that the courts have been moving more toward a “religious neutrality” approach, which he said in some cases is really a cover for the religious supremacists yearning for an openly religious state.  He said a landmark of the triumph of “neutrality” over separation was the 1995 Rosenberger case, in which the court said a public university could not deny funding from a religious publication because of its religious nature.  In the future, he said, Justices Breyer and Kagan may be willing to embrace a “religious neutrality” approach in hopes of winning votes to try to keep Robert and Kennedy from joining the Scalia-Thomas religious supremacists.

Mark Rienzi of the Becket Fund for Religious Liberty, which has filed lawsuits challenging the HHS mandate and which has urged the Supreme Court to uphold Prop 8 and DOMA, portrayed religious liberty issues not as part of a culture war but as the necessity in a pluralistic society of recognizing that differences exist and allowing everyone the maximum ability to live according to their beliefs. He suggested that most church-state conflicts are blown out of proportion and can be resolved relatively easy with a willingness to work around individual religious liberty claims. Kim Colby of the Christian Legal Society endorsed that view, and noted that the Supreme Court will likely be deciding cases in the near future about what constitutes a “substantial burden” on a person’s religious beliefs and what might qualify as a “compelling state interest” that would justify that burden.

Michaelson challenged Rienzi’s portrayal, saying that “religious liberty” itself has become a code word for a new tactic in the culture war against LGBT equality and reproductive rights, and that it was wrong to pretend there would be no victim if a business owner were granted the right, for example, to ignore laws against anti-gay discrimination.  Pharmacies, he said, used to have lunch counters that were segregated. Would it have been OK to justify that discrimination by saying there was another lunch counter down the street, the argument used by advocates for allowing pharmacists to refuse to provide some drugs based on their religious beliefs?

The ADL’s Lieberman said that from his perspective as an advocate for minority religions these do not seem like small or easily resolved issues, and said there was a clear prospect that individual rights would not be safeguarded if, for example, majoritarian school prayer were permitted.  Hoda Elshishtawy, legislative and policy analyst at the Muslim Public Affairs Council also noted the reality of a major power differential between members of majority and minority religions.  Dan Mach, director of the ACLU’s Program on Freedom of Religion and Belief, noted that there are widespread abuses in public schools, citing an example of a South Carolina public school that set aside a day explicitly intended to try to convert as many students as possible to Christianity.

Welton Gaddy of the Interfaith Alliance, who moderated the first panel, noted that even on the day the First Amendment was passed, not everyone agreed with it or agreed with what it meant. We’ve been working it out ever since then and can’t quit, he said.  Charles Haynes made a similar point in his closing remarks, noting that in spite of all the differences evident in how we apply First Amendment principles, the ability to continue having the conversation is a reminder of how well those principles have worked to protect religious liberty in an increasingly diverse nation.

PFAW

Ted Cruz: Don't Believe What I Said to the Supreme Court

Did Sen. Cruz contradict his previous statement to the Supreme Court that its 2008 Heller ruling would not undermine federal and state assault weapon bans?
PFAW