Religious Liberty – Page 9

Religious Liberty?

Remember when Hillary Clinton outraged the Chattering Classes with statements like “basket of deplorables,” and accusations of a “vast right-wing conspiracy.”

According to Wikipedia, the phrase “vast right-wing conspiracy” preceded Clinton’s 1998 use. It was listed as a conspiracy theory in a 1995 memo by political opposition researchers. Wild conspiracy theories are everywhere you look these days–mostly but not exclusively on the political Right (are Jewish Space lasers the grandchildren of the Elders of Zion?). When Clinton leveled the accusation, the blowback was both overwhelming and understandable.

But a recent data breach at the shadowy Liberty Counsel suggests she may have been on to something.

LIBERTY COUNSEL, an evangelical Christian nonprofit that provided a brief cited by the Supreme Court in its decision to overturn Roe v. Wade, has been hacked, revealing a 25-gigabyte internal database that contains nearly seven years’ worth of donor records. The hacker, who identifies with the Anonymous movement, released the data on the hacktivist site Enlace Hacktivista, and the transparency collective Distributed Denial of Secrets is providing it to journalists who request access.

“Noticing a worrying trend of far-right and anti-abortion activists aligning themselves with the evangelical Christian movement, hiding their funding sources behind laws that allow church ministries to keep their donations secret,” the hacker wrote in a press release, “we decided to bring about some much-needed radical transparency.”

In addition to fighting abortion, Liberty Counsel — a Southern Poverty Law Center-designated hate group — has focused its legal efforts on challenging LGBTQ+ rights and vaccine mandates in the name of religious freedom. Because it is registered with the IRS as an “association of churches,” Liberty Counsel is not required to file a public tax return, meaning that its finances are largely shielded from the scrutiny applied to other tax-exempt organizations.

The disclosures showed that “nonprofit organizations” controlled by Liberty Counsel not only encouraged supporters to vote for Trump –in violation of IRS rules that prohibit such endorsements– they also documented the ways in which Liberty Counsel has deployed disinformation about election integrity and the Covid-19 pandemic.

Are you wondering why I titled this blog post “Religious Liberty”? As the linked Intercept article goes on to explain, the legal privileging of (some) religion has not only facilitated the lack of transparency illustrated by the breach, but has served to conceal a theocratic political movement within a cloak of faux piety.

Liberty Counsel’s virulently anti-LGBTQ+ rhetoric and efforts to legalize discrimination in the name of religious freedom led the Southern Poverty Law Center to designate it as a hate group. “The organizations on our hate group list vilify others because of their race, religion, ethnicity, sexual orientation, or gender identity — this includes Liberty Counsel and their vilification of LGBTQ+ people,” said Rachel Carroll Rivas, interim deputy director of research for the SPLC’s Intelligence Project.

Some examples: Liberty Counsel represented Kim Davis, the county clerk in Kentucky who refused to issue a marriage license to a gay couple. The day after the January 6th insurrection, its president sent an email to supporters stating that “our research and legal staff have been deeply engaged in stopping the steal of our 2020 elections.” (The email and a later blog post insisted that Trump could remain in power if God intervened: “We know God can intervene and turn what looks like a hopeless cause into a miraculous victory!” (Evidently, God was uninterested…)

During the pandemic, Liberty Counsel successfully sued LSU’s School of Dentistry and Loyola University, requiring them to abandon their vaccine mandates on religious freedom grounds. The organization is currently suing the U.S. government over the military’s vaccine mandate. (God evidently wants people infected..)

If these activities were limited to a single organization, it would be troubling enough, but the breach disclosed a network of similarly fanatic entities, and campaigns that stretched the definition of “religion” to the breaking point.

While Liberty Counsel is best known for legal battles over abortion and LGBTQ+ rights, the hacked data shows more than $1.6 million in donations resulting from petition and fax campaigns built around dubious claims about the pandemic and election integrity…

The largest petition included in the data set, launched on the eve of Biden’s inauguration, makes no mention of religion: It warns of “giant pharmaceutical companies in partnership with government officials sweeping harmful and even deadly COVID-19 vaccine reactions under the rug” and demands that politicians oppose unspecified efforts “to make COVID shots mandatory, to require a Vaccine Passport or to electronically track and trace my movements.”

I don’t know how “vast” Liberty Council’s conspiratorial network is, but I do know the Religion Clauses of the First Amendment weren’t intended to shield partisan political activity from legal scrutiny.

We can protect genuine religious liberty without enabling political fundraising by hate groups.

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Christian Nationalism

I frequently inveigh against Christian Nationalism without explaining exactly what it is. In the wake of Marjorie Taylor Green’s recent declaration identifying herself as a Christian Nationalist, I decided I should be more explicit about what that label means–because it doesn’t simply indicate a religious identity.

As the Executive Director of the Baptist Joint Committee on Religious Liberty recently wrote,

Christian nationalism is a political ideology and cultural framework that merges Christian and American identities, distorting both the Christian faith and America’s promise of religious freedom. It relies heavily on a false narrative of America as a “Christian nation,” founded by Christians in order to privilege Christianity. This mythical history betrays the work of the framers to create a federal government that would remain neutral when it comes to religion, neither promoting nor denigrating it — a deliberate break with the state-established religions of the colonies.

Though not new, Christian nationalism has been exploited in recent years by politicians like former President Donald Trump to further an “us vs. them” mentality and send a message that only Christians can be “real” Americans.

An article in The Week pointed to the substantial role played by Christian Nationalists in the insurrection on January 6th. As one observer reported “Crosses were everywhere that day in D.C., on flags and flagpoles, on signs and clothes, around necks, and erected above the crowd,” Bible verses were plentiful in the crowd, and a number of rioters actually paused for prayer during the attack. One rioter recorded herself justifying her participation by saying “We are a godly country, and we are founded on godly principles. And if we do not have our country, nothing else matters.”

A 2021 survey by the Pew Research Center identified 77 percent of Republican respondents as “church-state integrationists” who hold a variety of views “consistent” with Christian nationalism. That might be overstating things somewhat. A 2017 survey found that one-in-five Americans hold such views. The scholars at Political Behavior found that “support for the Capitol attacks is a minority position among any slice of the American religious landscape.” But they also noted that 17.7 percent “of white weekly churchgoers fall into the joint top quartile of justification of violence, Christian nationalist beliefs, perceived victimhood, white identity, and support for QAnon.” That percentage — while relatively small — “would represent millions of individuals.”

The article noted that Christian Nationalism is gaining an “increasing foothold ” in Republican politics. Greene and Boebert are two of the more explicit proponents of Christian nationalism, but less well known members of the party are also adherents. “Doug Mastriano — a former Army officer who chartered buses to ferry protesters to Washington D.C. on Jan. 6, and who has declared the separation of church and state a “myth” — is the GOP nominee for governor in Pennsylvania, and is now running a close race with his Democratic opponent.”

What is truly terrifying is that Christian Nationalism is being normalized. Republicans who shared the ideology but previously denied the label are increasingly willing to admit to it: as the linked article notes, ” Marjorie Taylor Greene might have made news by openly embracing the term, but she might not be that unusual.”

As the Executive Director of the Baptist Joint Committee on Religious Liberty wrote,

I care about dismantling Christian nationalism both because I’m a practicing Christian and because I’m a patriotic American — and no, those identities are not the same. As Christians, we can’t allow Greene, Boebert or Trump to distort our faith without a fight.

We must speak loudly when our faith is used as a political tool, we must uproot it from our own churches and communities and we must form alliances with religious minorities and the nonreligious — who suffer the impact of Christian nationalism the most.

Religion, and Christianity in particular, has flourished in America not because of government aid or favoritism, but for the opposite reason: religion’s freedom from government control. Government involvement in religious affairs doesn’t aid the free exercise of religion. And as Christians, we are called to love our neighbors rather than make them feel unwelcome in their own country…

Christian lawmakers don’t need to erase their faith from politics. My fellow Baptist, Georgia Democrat Sen. Rev. Raphael Warnock, has modeled what it looks like for a pastor to serve in Congress without insisting on a privileged place for Christianity in law and society….

It’s not just Christian political leaders that need to do better, it’s all of us. Earlier this summer, I joined a group of prominent Christian leaders in launching the Christians Against Christian Nationalism campaign. More than 25,000 Christians have joined the campaign as we seek to elevate an alternative Christian public witness.

The Christian Nationalist takeover of one of America’s major political parties poses an enormous threat to us all.

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Quasi-Church And State

When does a political ideology become a religion–or a political nonprofit a church?

Those questions weren’t uncommon back in the days of the “evil empire,” when a number of pundits suggested that the fervor of communists and fellow-travelers was indistinguishable from that of devout religious believers. When the world became less bipolar–when there was no longer a single, global menace (or savior)– those comparisons also faded away, but the underlying issue remains.

Now, with a new twist.

Is a religion any belief system characterized by an accepted dogma? Wikipedia defines dogma as “a belief or set of beliefs that is accepted by the members of a group without being questioned or doubted,” and goes on to note that It may be in the form of an “official system of principles or doctrines of a religion” –and may also be “found in political belief-systems, such as Marxism, communism, capitalism, progressivism, liberalism, conservatism, and fascism.”

Belief in a deity characterizes some, but certainly not all religions, so that “marker” isn’t dispositive.

If a political ideology is indistinguishable from a religion, what are the consequences for a legal system that separates church from state?

That is just one of the questions that arises from a recent trend reported by Pro Publica— a growing number of right-wing political entities have been petitioning the IRS to declare them churches. That status allows such organizations to shield themselves from financial scrutiny, which is undoubtedly the prime (and arguably corrupt) motivation. The article focused on the Family Research Council (FRC), a rightwing think-tank

The Family Research Council’s multimillion-dollar headquarters sit on G Street in Washington, D.C., just steps from the U.S. Capitol and the White House, a spot ideally situated for its work as a right-wing policy think tank and political pressure group.

From its perch at the heart of the nation’s capital, the FRC has pushed for legislation banning gender-affirming surgery; filed amicus briefs supporting the overturning of Roe v. Wade; and advocated for religious exemptions to civil rights laws. Its longtime head, a former state lawmaker and ordained minister named Tony Perkins, claims credit for pushing the Republican platform rightward over the past two decades.

What is the FRC? Its website sums up the answer to this question in 63 words: “A nonprofit research and educational organization dedicated to articulating and advancing a family-centered philosophy of public life. In addition to providing policy research and analysis for the legislative, executive, and judicial branches of the federal government, FRC seeks to inform the news media, the academic community, business leaders, and the general public about family issues that affect the nation from a biblical worldview.”

In the eyes of the Internal Revenue Service, though, it is also a church, with Perkins as its religious leader.

There are advantages to this change in status. Since the FRC was classified as a church (in 2020), it no longer had to file a public tax return, known as a Form 990. Form 990s list the salaries of key staffers, the names of board members and the identities of related organizations. They also contain information about any large payments to independent contractors and any grants the organization has made. And as the article notes, “Unlike with other charities, IRS investigators can’t initiate an audit on a church unless a high-level Treasury Department official has approved the investigation.”

Very convenient. And not, evidently, an anomaly. FRC’s former parent organization, Focus on the Family, became a church for tax purposes in 2016.

In a statement, the organization said it made the switch largely out of concern for donor privacy, noting that many groups like it have made the same change. Many of them claim they operated in practice as churches or associations of churches all along.

FRC has defended the status change as a protection of its “religious liberty” rights, and noted that Treasury Department rules exempt church organizations from the mandatory coverage requirements for contraceptives. They can also discriminate with impunity–refusing to hire women or LGBTQ citizens.

I’m sure that delights them.

The article identified a rogues’ gallery of extremist rightwing organizations that have chosen to identify themselves to the IRS as churches, and noted that the IRS has been inexcusably lax in determining whether those organizations actually meet the agency’s own definition of a church.

Forgive me if I’m being dense here, but if these organizations are churches, can’t the IRS enforce the Johnson Amendment–the rule that prohibits churches from engaging in nakedly political activity–and strip them of their tax-exempt status? (If any of my readers are tax lawyers, please weigh in…) FRC pretends that an affiliated entity is responsible for its direct political activities, but that entity apparently has no employees.

At this point, the various “churches” of Theocracy-R-Us are having it both ways.

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Whose Religious Liberty?

Well, finally! A lawsuit just filed in Florida raises an important and far too frequently ignored aspect of the First Amendment’s religion clauses. What happens when “religious liberty” becomes a code word meaning “Liberty for my particular religion’s doctrine, but not for yours?”

The Supreme Court majority that (according to the leaked draft opinion) will overturn Roe v. Wade within the next few weeks is composed of Catholics who have been very vocal about the importance of protecting religious liberty–as they evidently define it. The problem is, their definition of liberty differs from that held by a very large number of Americans who believe that all citizens are free to follow the doctrines of their particular religions. When applied to the issue of abortion, for example, people whose beliefs prohibit it are protected from measures requiring it, and people whose beliefs allow (or even, in some situations, require) it can follow their beliefs.

In other words, if your beliefs prohibit abortion, you don’t have to have one. If they don’t, you can.

That definition of religious liberty is at the heart of the lawsuit filed in Florida. According to the Religion News Service,

A new Florida law prohibiting abortion after 15 weeks with some exceptions violates religious freedom rights of Jews in addition to the state constitution’s privacy protections, a synagogue claims in a lawsuit.

The lawsuit filed by the Congregation L’Dor Va-Dor of Boynton Beach contends the law that takes effect July 1 violates Jewish teachings, which state abortion “is required if necessary to protect the health, mental or physical well-being of the woman” and for other reasons.

“As such, the act prohibits Jewish women from practicing their faith free of government intrusion and this violates their privacy rights and religious freedom,” says the lawsuit, filed last week in Leon County Circuit Court.

The lawsuit adds that people who “do not share the religious views reflected in the act will suffer” and that it “threatens the Jewish people by imposing the laws of other religions upon Jews.”

The new Florida law has exceptions only for terminations necessary to save the life of the mother or prevent serious injury, or for a fetus with a fatal abnormality. It does not contain exemptions for pregnancies resulting from rape, incest or human trafficking.

The Rabbi of the synagogue that filed the lawsuit was quoted as saying that when separation of religion and government crumbles, religious minorities often suffer. And he noted that DeSantis had signed the law at an evangelical Christian church.

This lawsuit is yet another illustration of an element of the expected decision that has received far too little attention: it goes to the very heart of current constitutional jurisprudence, which is concerned with drawing a line between those matters that government can properly regulate and those that are to be left to the individual. Reversal of Roe attacks the conceptual underpinning of a doctrine known as “substantive due process,” which is focused on where that line must be drawn, and the very simple–and very profound–question: who decides?

In a free country–a country that takes liberty seriously–who gets to decide what prayer you say, what book you read, who you marry, whether and when you procreate?

For the past fifty years, with some hiccups, American law has answered that question by respecting the rights of individuals and religious communities to determine those and similarly personal issues–issues that the Court has dubbed “intimate”–for themselves. I would argue that the right to make our own personal, medical, political and religious decisions in the exercise of our individual consciences is the proper definition of liberty.

(Decisions to forego mask wearing and other decisions that endanger others, not so much.)

America is currently going through a wrenching transition. Religious and racial groups that were once so dominant that minority communities and their beliefs were (at best) marginalized and ignored are losing their cultural dominance, and many members of those groups are hysterical about it. Others are simply clueless–so insulated within traditional ways of understanding the society they inhabit that they are unable to understand the claims of those who differ–as Jewish law differs from much of Christianity on the issue of abortion.

“Freedom for me, but not for thee” isn’t freedom at all. It’s privilege, and privileges can be withdrawn. What’s that observation we civil libertarians love to quote? “Poison gas is a great weapon until the wind shifts.”

Either religious liberty is liberty for adherents of all religions, or it isn’t liberty at all. This lawsuit illustrates the danger of letting government make decisions that favor the doctrines of some religions to the detriment of others.

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Don’t Just Take It From Me

Several readers have shared a recent, stunning post from Pastor John Pavlovitz. I’ve been a fan of Pastor Pavlovitz, although not a regular reader–Facebook friends pretty regularly share his online “sermons.” After reading them, I usually think how nice it would be if all self-identified Christians were like him–you know, really Christian. ( I revisited that thought after reading the revelations about sexual abuse in Evangelical churches…)

At any rate, I’m ceding my space today to his message, because–like those who sent it to me–I think it is important to hear it from someone with first-hand knowledge and an “insider’s” perspective.

________________________________-

I’ve been a pastor in the church for over two decades, much of that in predominantly white churches in the American South.

I’ve spent countless hours in church staff meetings and men’s Bible studies and youth pastor conferences.

I’ve stayed connected on social media with thousands of people still there in those churches. I read what they share and post and amplify and I know how they think and what they believe.

I need you to understand something and I say it without any hyperbole: white Evangelicals need to be stopped, now.

If the 2022 midterms elections allow Republicans to gain control of Congress, Conservative Christians will decimate this nation, and LGBTQ people, Muslims, women, people of color, and non-Christians will never have equality under the law again. We will all be at their mercy—and they will no longer have use for mercy.

This is not alarmist, sky-is-falling histrionics, it is the clear and sober forecast from someone who knows these people better than anyone. Over the last decade and a half, as my theology shifted and my beliefs grew more and more progressive, I’ve been a kind of undercover Liberal in an increasingly extremist movement, that while once relegated to minor fringe noisemakers is now at the precipice of Roman Empire-level power. They are less than two years away from having a dominance that they will wield violently and not relinquish.

I watched it all unfold from the inside:

I was at a North Carolina megachurch when Obama was elected and I saw the shift take place firsthand. I saw the fear slowly being ratcheted up and the agenda become solidified and the prejudices leveraged.

I was speaking regularly at the Billy Graham headquarters when Fox News reporters and Republicans like Sarah Palin started walking the halls with frequency.

I saw the messages at pastor’s conferences grow more incendiary and urgent, and heard the supremacist dog whistles become louder and more frequent.

While many decent people around this nation celebrated the progress of a black president and the many civil and human rights victories and gradually let down their guard—the white Conservative church set off the alarms and prepared for a holy war.

Yet, they were still a largely powerless, dying dinosaur until 2016, when Donald Trump acquired the presidency and gave the Evangelicals the perfect amoral partner to serve as the biggest bully pulpit they’ve ever had. Combine that with a fragmented Left, a general fatigue by the larger population, a ceremonial victory in Congress (thanks to Joe Manchin and Krysten Sinema), and Republican attacks on voters’ rights— and we are now a hair’s breadth from the subjugation of diverse humanity here.

These are not followers of Jesus despite the trappings and window dressing. They are Jesus-less extremists: blind zealots for nothing but power. They have been conditioned by decades of polluted theology and FoxNews alternative facts to see diversity as a threat, to see progress as attacks on America, and to interpret more people being treated with dignity as oppression of white people.

Trust me when I tell you that we won’t recover from the theocracy Evangelicals are constructing once it is established. If we fail in 2022, they will have a political power that will render every election null and void, and we will never have a voice again in our lifetimes.

Women will lose autonomy over their own bodies.
LGBTQ people will have the rights to marry and adopt taken away.
People of color will be fully squeezed out of the electoral process.
Immigrants will be denied access to opportunity and refuge here.

These are not creative projections. They are precisely what Evangelicals have repeatedly stated as their intentions, and they’re closer than they’ve ever been to having a rubber stamp.

We can still stop it, though.
We just need a unity and coordination that transcends theirs.
We need a sustained, passionate, dedicated defense of humanity that rivals their relentless assaults on it.

I hear many people say they’re terrified, but being terrified alone doesn’t do anything but help these people.
Be terrified and get angry.
Be terrified and get busy.
Be terrified and go to work.
Be terrified and fight like hell.

I wish more decent people in America remembered they are among the vast majority instead of acting as if they are helpless victims of Republican Christians. We could defeat them, and we need to. We just need to stop lamenting how much damage they are doing and start doing something to oppose them.

We’ve seen this play out throughout history and we know how it ends. We know what the unchecked religious extremist is capable of and we know the cost of the silence and inaction of good people. We also know what people are capable of when they refuse to accept fascism and white supremacy cloaked in the Bible and wrapped in the flag, when they fight for something inherently good together.

As someone who knows just how much these Christians have lost the plot of their faith tradition, believe me when I tell you that they cannot be allowed to steer this nation. It will not end well for the disparate people who call it home or who one day wish to.

Love and equity and diversity are in the balance.

It’s time we made a choice.

It may be the last one we get.”

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