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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‘Sincere Religious Beliefs’ And Lynching

Perhaps I’m just allowing my foul mood over the current state of America’s federal government color my reaction to everything, but I am over demands that laws of general application make exceptions for people acting on the basis of “sincere religious belief.”

If I have a “sincere belief” that my God wants me to offer up my newborn as a sacrifice, should I be exempt from punishment? What if I have a “sincere belief” that paying taxes enables governments’ evil behaviors–can I simply refuse to do so?

If–as I assume–the answer to these and similar questions is:  “hell, no,” why are Americans so solicitous of the “sincere beliefs” of fundamentalists?

The U.S. Senate just unanimously passed a bill that would make lynching a federal hate crime—but now the religious right is trying to exclude victims who are targeted for their sexual orientation or gender identity.

In remarks that are making national headlines, the chairman of Liberty Counsel, an anti-gay hate group that purports to speak for Christians, says the inclusion of LGBT people is a “camel [getting] in the nose of the tent.”

His argument is absurd, but it could make a difference: Liberty Counsel has helped pioneer bigoted “religious freedom” arguments by representing clients like Kim Davis. Its opposition could be influential among congressional Republicans.

The quoted description is taken from a mainstream Christian religious site, Faithful America, which describes itself as an online community of Christians putting faith into action for social justice by (among other things) challenging the “hijacking” of Christianity by the religious right to serve a hateful political agenda.

It has been gratifying to see religious voices raised in opposition to the theocratic right, a development that has been gaining ground over the past several years; it would be considerably more gratifying if the courts stopped coddling people who demand that their beliefs be given priority over the rights of citizens whose beliefs differ. Why in the world should the fringe theology of Hobby Lobby’s owners entitle them to refuse coverage of birth control for employees whose beliefs differ?

The courts wouldn’t allow Hobby Lobby or other corporate owners of entirely secular businesses to hire and fire employees based upon their willingness to accept the owners’ religions–why are they so solicitous of the “offense” posed by inclusive health coverage?

It’s likely that even most Republicans in Congress will find Liberty Counsel’s objection to inclusive language in the anti-lynching bill sufficiently outrageous to ignore it, but we make a mistake if we think the Council represents just a few nutcases on the right. Theological justifications for bigotry are more widespread than reasonable people want to believe, and most of these bigots are entirely “sincere.”

If I “sincerely” believe that the God I worship wants “your kind” wiped off the face of the earth, and I act upon that belief, my “sincerity” wouldn’t–and shouldn’t– protect me from the legal consequences of that action.

Fundamentalists to the contrary, religious liberty is not the liberty to impose their version of Christianity on everyone else, or to insist that the law bend to their “sincerity.”

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