Religious Rights And Privileges

Religious conflicts have been the subject of a number of my recent posts, and have triggered some fairly robust discussions in the comments. I think both the posts and the subsequent conversations evidence the persistence and extent of efforts to have government privilege certain beliefs over others.

Significant numbers of Americans reject the Constitutional separation of church and state.

The First Amendment has two religion clauses. The Establishment Clause basically removes government from matters of faith. As the Supreme Court has repeatedly ruled, government cannot sponsor religious observances or endorse religious beliefs. (As I rather inelegantly put it to my students, government is supposed to “butt out” of our souls.) The Free Exercise Clause forbids government from interfering with the beliefs of citizens, or with citizens’ religious observances to the extent that those don’t violate “laws of general application.” (Your religion may tell you to sacrifice your firstborn, or ingest hallucinogens, but laws of general application prevent you from acting on those particular beliefs.)

Government was withdrawn from matters the Founders believed should properly be the purview of churches and individual consciences.–This decision was based upon respect for individual autonomy, but it was also an effort to minimize public conflicts over matters of faith. (The Founders were all too aware of Europe’s history of religious conflict).

So why are people in the United States constantly arguing about religion?

Katherine Franke, a law professor who recently plunged into the religious wars in a column for the Washington Post, suggests one reason. She writes that this administration has “weaponized the notion of religious liberty” to advance a blatantly partisan, conservative agenda. In other words, efforts to privilege some religious beliefs over others are really efforts to advance a decidedly political agenda.

The column began with a description of an unusual lawsuit by a religious order–nuns who claim their religious-freedom rights are being violated by the construction and pending use of a natural-gas pipeline on their land in Pennsylvania. They say their faith requires that they “treasure” the land.

Needless to say, the government’s response has been less than solicitous, despite numerous sanctimonious pronouncements about religious “liberty” from Vice-President Pence and Attorney General Sessions. As Franke notes,

You can count on the government’s support if you’re a cake baker who considers same-sex marriage to be an abomination, or a nun who believes that contraception is murder, or a school administrator whose faith tells him that a person’s sex is fixed by God at birth. In these cases, Justice Department lawyers will show up like the cavalry, ready to go down fighting.

But not so much for Unitarians, whose faith drives them to leave water and food in the desert for migrants who will die without help. Or Catholic activists who believe that nuclear weapons are a death pact with the devil. Or the “Adorers,” who oppose the building of a gas pipeline on their property. Or Muslims in almost any context.

…..

The Justice Department is aggressively prosecuting faith-based humanitarian volunteers with the organization No More Deaths, a group affiliated with the Unitarian Church in southern Arizona. Its mission includes leaving water and food for migrants crossing the scorching-hot Sonoran Desert, where hundreds of people die every year. The government lawyers have trivialized these faith-based humanitarians’ religious-liberty claims, calling them scoundrels. This prompted a group of law professors who are experts in law and religion, myself included, to file a friend-of-the-court brief in the case, pointing out to the judge how the Justice Department has misconstrued religious liberty law in this case.

These official responses to actions motivated by faith make it patently obvious that the pious proclamations of concern for religious sensibilities are highly–and politically–selective. A congregation feeding undocumented immigrants cannot expect the same degree of forbearance or respect as the baker or florist refusing to serve a same-sex couple.

The Supreme Court has repeatedly noted that religious-liberty rights are not absolute, yet they should be given serious consideration in light of the government’s other compelling interests. What we see from this government is the evangelization of its own policy goals, accompanied by the demonization of its critics. In no way was this what religious liberty meant to the nation’s founders, nor should it be what it means today.

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Why Religion Gets A Bad Name…

Polls suggest that the younger generation is far less religious than its predecessors, and it isn’t hard to see why. Religious double-standards are hard to miss; every day, I come across articles with titles like “Why Evangelicals Still Support Trump” and “Is Evangelical Christianity becoming a Cult?”

In all fairness, the (entirely appropriate) accusations of hypocrisy contained in these articles don’t apply to all Evangelicals, or to adherents of other religions, but the mismatch between what these “Christians” preach and what they practice is so obvious, so “in your face,” that it manages to besmirch the entire religious enterprise.

Case in point: Scott Pruitt. As Ed Brayton writes at Dispatches from the Culture Wars,

So far, 2018 hasn’t been a great year for Scott Pruitt, considering that the EPA Administrator has been lurching from one scandal to the next. Pruitt had already distinguished himself with his preference for opulent, non-secure hotels while on official travel; with his predilection for first-class flights on taxpayers’ dime; with his insistence that he receive a 24-hour security detail fit for a king, comprising up to 20 bodyguards; and with the plush DC condominium he’s reportedly been renting, for a veryattractive $50 a night, from the wife of a Beltway oil and gas lobbyist.

The embattled Donald Trump appointee is currently the subject of at least two ethics investigations.

Today’s Pruitt controversy concerns a commemorative coin that the wanted the EPA to order.

Pruitt’s preferred design would delete the logo of the EPA he is trying to dismantle, and would instead feature some combination of symbols “more reflective of himself and the Trump administration.” ( I will ignore my impulse to suggest that a jackass might serve as such a symbol…) Among his suggestions were a buffalo, to represent  Pruitt’s state of Oklahoma, and an unspecified Bible verse to “reflect his faith.”

Perhaps the verse that reads “Thou shalt allow thy donors to pollute the air and water”?

I am not religious, but I have several friends who are members of the clergy. Their approach to their various theologies have a number of common elements.  My Christian friends believe they should love their neighbors as themselves; my Jewish friends are obliged to refrain from treating others as they would not wish to be treated. Other traditions teach variations of this Golden Rule.

There is an old adage along the lines of “show me how you treat other people and I’ll judge the value of your religion.” To which I would add, “show me your moral code, and how closely you follow it, and I’ll evaluate the sincerity of your professed beliefs.”

There has long been a clash in America between the “live and let live” morality embedded in the Bill of Rights–the Enlightenment belief that government power must not be used to impose obedience to religious commandments–and the Puritans’ insistence that everyone needs to live by their particular interpretation of their particular holy book, that “religious liberty” means “freedom to do the right thing, and government must insist you live in accordance with what (our religion says) the right thing is.”

The Puritans may originally have tried to live in accordance with the rules they were trying to impose on everyone else, but these days, they don’t bother. Today, they just want to be the ones making the rules. What began as theology has morphed into a fight for political dominance.

For these theocrats and posturers, “love thy neighbor” doesn’t require respect for the rights of others, or for the planet. It requires fealty.

No wonder the kids are turned off.

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Hannity, Evangelicals And Fiscal Conservatives

The election of Donald Trump has elevated hypocrisy to an art form.

Rightwing pundits criticized everything Obama did or said. (Of course, he was black…) Not only do they overlook appalling behavior, embarrassing (and frequently misspelled) tweets and uncivil, ignorant rants from Trump–they praise him when he engages in the exact behavior for which they excoriated Obama.

Case in point: Hannity. A post from Dispatches from the Culture Wars provides a recent–illustrative–example.

It has been announced that Trump will meet with Kim Jong-un of North Korea sometime soon, something no American president has ever done with a North Korean dictator. And Sean Hannity, not even pretending to be anything but a pathetic, hypocritical hack, is praising Trump for this great victory.

After quoting Hannity’s laudatory remarks, the post continues with a bit of history:

As always, the Wayback Machine shows a totally different story when Obama said in an interview that he would be open to meeting with him under the right circumstances if he thought it would help avoid a nuclear North Korea and preserve the peace.

During the May 15, 2008, edition of his Fox News show, Hannity referenced Obama’s answer and asked former House Speaker Newt Gingrich: “After Hitler invaded Poland in 1939, before we were at war with Nazi Germany, do you think it would be wise — would have it been wise for us to engage in talks with him?” Later during the same show, Hannity asked former Republican Rep. Jack Kemp (R-N.Y.) the same thing: “After the Nazis invaded Poland, before we were at war with them, is it fair to ask the question, ‘Would you have met with Hitler in 1939?’

Then there’s Trump’s loyal base among self-proclaimed, “bible-believing” Evangelicals. Their continued support has been the subject of much (horrified) analysis from Evangelicals and others. A recent article in the Atlantic by Michael Gerson–formerly, George W. Bush’s speechwriter and an Evangelical himself– noted the jarring nature of that support:

One of the most extraordinary things about our current politics—really, one of the most extraordinary developments of recent political history—is the loyal adherence of religious conservatives to Donald Trump. The president won four-fifths of the votes of white evangelical Christians. This was a higher level of support than either Ronald Reagan or George W. Bush, an outspoken evangelical himself, ever received.
Trump’s background and beliefs could hardly be more incompatible with traditional Christian models of life and leadership. Trump’s past political stances (he once supported the right to partial-birth abortion), his character (he has bragged about sexually assaulting women), and even his language (he introduced the words pussy and shithole into presidential discourse) would more naturally lead religious conservatives toward exorcism than alliance. This is a man who has cruelly publicized his infidelities, made disturbing sexual comments about his elder daughter, and boasted about the size of his penis on the debate stage. His lawyer reportedly arranged a $130,000 payment to a porn star to dissuade her from disclosing an alleged affair. Yet religious conservatives who once blanched at PG-13 public standards now yawn at such NC-17 maneuvers. We are a long way from The Book of Virtues.
Evidently, the promise of power trumps (sorry!) Christian behavior. That Jesus fellow was what our crass President would call a loser…
Despicable (and transparent) as these examples are, Paul Ryan, Mitch McConnell and the Congressional GOP are the clear winners of the hypocrisy sweepstakes. These “fiscal conservatives” spent years whining about the national debt–and the minute they were in power, cheerfully added over a trillion dollars to that debt, in a rushed-through tax “reform” that gave away the store to the already-rich.
Adding insult to injury, the ink was barely dry on that policy abomination when Ryan announced that Republicans will target welfare, Medicare, Medicaid spending in 2018–in order to control the national debt that they just increased!
That unashamed display of Robin Hood in reverse takes real chutzpah.
Even reading about these people makes me want to take a shower.
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What Bible Are They Studying?

In the wake of Trump’s response to the Charlottesville riots–and especially as we look to see and judge the reactions of White House staff and Congressional Republicans–a news item published a couple of weeks ago in The Hill takes on a particularly ironic flavor.

Many of President Trump’s Cabinet members gather at a weekly session to study the Bible, the Christian Broadcasting Network (CBN) reported Monday.

Ralph Drollinger, the founder of Capitol Ministries, says he leads a weekly Bible study with Cabinet members such as Education Secretary Betsy DeVos, Energy Secretary Rick Perry, Health and Human Services Secretary Tom Price and CIA Director Mike Pompeo.

“It’s the best Bible study that I’ve ever taught in my life. They are so teachable. They’re so noble. They’re so learned,” Drollinger told CBN.

Vice President Pence, who is a sponsor of the faith sessions, reportedly joins the group when his schedule allows.

The snark just writes itself–especially when you consider that although Trump’s embrace of the “good people” carrying torches and chanting anti-black and anti-Jewish slogans prompted CEO’s to resign en masse from his two business advisory councils– it has yet to prompt even one departure from his Evangelical Advisory Board.

I am not a Christian (and I don’t play one on TV), so I don’t pretend to be conversant with the varying theologies that distinguish Christian denominations. But I have deeply religious Christian friends, and they assure me that Christ did not preach a doctrine of racial and religious hatred.

Evidently, the Evangelical Advisory Board and the leader of the cabinet’s Bible Study are more tolerant of intolerance than my Christian friends.

According to media reports, Pastor Ralph Drollinger, the 7-foot-1 former UCLA basketball star who leads these sessions, has his own take on a number of biblical admonitions. He once lectured a group of Sacramento lawmakers that female politicians with young children have no business serving in the Legislature. He called those who do so sinners. (Interestingly, he subsequently defended fathers whose careers take them out of the home for extended periods, although he did say they should be “extra sensitive” to such absences–whatever the hell that means.)

This is a “discipleship” that supports snatching health insurance from millions of Americans; that believes God wants them to deprive poor women access to the lifesaving pap smears and breast exams provided by Planned Parenthood; that wants to give wealthy taxpayers “relief” while viciously slashing already inadequate safety-net programs for the poor. It’s a “discipleship” that ignores biblical admonitions about stewardship of the environment. A “discipleship” that apparently has no problem supporting a President who equates good people and Nazis. I could go on. And on.

Isn’t there something in the bible about knowing people “by their works”?

Let me just modify that famous Gandhi quote: I like my friends’ Christ. I do not like these self-proclaimed “Christians.” They are so unlike my friends’ Christ.
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When History is Written…

When the history of the 21st Century is written (assuming there are people alive to research and write it) America’s current decline will be attributed largely to one man–and that man isn’t Donald Trump.

Of course Trump is dangerous. A number of his choices–both personnel and what passes for policy in his childlike worldview–are potentially catastrophic. But he is too delusional and ignorant to qualify as evil.

No, the most evil man in American government, in my humble opinion, is Mitch McConnell.

Trump is simply the result of McConnell’s consistent elevation of partisanship and power over principle. As James Fallows has pointed out, it was McConnell who took the filibuster from a seldom-used mechanism meant to ensure that minority opinions would be heard to a routine method of subverting majority rule. It was McConnell who famously promised to obstruct anything and everything Obama might do, irrespective of whether what was being obstructed was good policy, good for the country, or even if it had originated with his own party.

It was McConnell who, in the  summer of 2016,” put the kibosh on FBI going public with a warning of the Russian interference in the election, which they were already investigating.

And needless to say, it was McConnell who ignored 200+ years of precedent, and simply refused to allow the Senate to do its constitutional duty of advising and consenting to a sitting president’s nominee for the Supreme Court–doing incalculable damage to the rule of law and ultimately, to respect for close decisions that will be handed down by a court that includes a Justice conspicuously occupying a “stolen” seat.

In 2006, as McConnell was about to emerge as the Republican leader in the Senate, Zachary Roth and Cliff Schecter wrote an article for the Washington Monthly titled “Meet the New Boss.”  Here are some excerpts:

McConnell is a staunch conservative and a master of procedure, but no piece of landmark legislation bears his name. Almost the only issue on which he has a national profile is campaign-finance reform, and on that, he’s known as the man who fought it at every turn…

The Senate’s shift toward increased party discipline has been accompanied by a growing willingness to use the legislative process to benefit the Republican Party’s financial backers…

[McConnell is] a master of Senate rules and procedures, and he harbors no presidential aspirations that might distract him from his job. But unlike earlier leaders, he doesn’t keep score by legislative accomplishments. For the first time in recent memory, the Senate will be run by a leader with both the ability and the desire to use the institution entirely for partisan advantage

I’m hardly the only observer who attributes much of  America’s current dysfunction to McConnell. Dana Milbank calls him “The Man Who Broke America.” Milbank starts with one of the many, many examples of McConnell’s hypocrisy and dishonesty:

“No majority leader wants written on his tombstone that he presided over the end of the Senate,” the minority leader said.

He continued: “Breaking the rules to change the rules is un-American. I just hope the majority leader thinks about his legacy, the future of his party, and, most importantly, the future of our country before he acts.”

Are these the words of Minority Leader Chuck Schumer (D-N.Y.) as the Republican majority changed Senate rules this week to do away with filibusters of Supreme Court nominations?

Actually, they were uttered in 2013, by then-Minority Leader Mitch McConnell (R-Ky.), when Democrats pushed through a similar filibuster change for lesser nominations.

Milbank doesn’t mince words:

No man has done more in recent years to undermine the functioning of U.S. government. His has been the epitome of unprincipled leadership, the triumph of tactics in service of short-term power.

Milbank further documents McConnell’s willingness to subvert longstanding Senate culture in service of rabid partisanship, pointing out that by 2013 his unprecedented, frequent use of the filibuster had blocked 79 of Obama’s nominees; that compared with 68 presidential appointments blocked during “the entire previous history of the Republic.”

The primacy of the rule of law was the most basic premise of the American constitution; as John Adams famously proclaimed, the Founders gave us a government of laws, not men. The constitutional architecture, with its three branches of government and a federalist structure leaving significant authority to the states, was an effort to constrain the abuse of power.

Trump doesn’t understand any of that, and he clearly has no idea how to use the rules themselves to evade those constraints. He doesn’t even know what the rules are.

McConnell, unfortunately, does.

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