Tag Archives: religious liberty

Your Religion, My Body….

There has been another attack on a Planned Parenthood clinic–this time, in Colorado. I’ve never quite understood how ostensibly “pro life” men (and they are almost always white Christian men) justify killing for life, but however they understand their Deities to compel these acts of domestic terrorism, their incidence has been growing since the release of the doctored Planned Parenthood tapes.

Ironically, these murderous attacks are far less effective at limiting abortions than the considerably more mundane and seemingly inexorable consolidation of hospitals around the country.

For example, the experience of women needing medical care in Michigan is increasingly being replicated throughout the U.S.

In October, the ACLU and the ACLU of Michigan filed a federal lawsuit on behalf of their members against Trinity Health Corporation, one of the largest Catholic health systems in the country, for its repeated and systematic failure to provide women experiencing pregnancy complications with appropriate emergency abortions as required by federal law.

In response to the lawsuit, the hospital submitted a brief arguing that state and federal law allow Trinity to “refuse to allow abortions to be performed on hospital premises,” in the context of emergency miscarriage treatment when the woman’s life or health is at risk.

Trinity is legally exempt from having to perform elective abortions. But emergency situations such as those that triggered the ACLU’s lawsuit are another matter; indeed,  refusing to provide emergency care in these situations is medical malpractice. (I couldn’t find any information in a cursory search, but I would be surprised if doctors refusing to adhere to a medical standard of care in such situations aren’t being sued.)

The policy question is simple, although the appropriate resolution is anything but.

Virtually all hospitals depend for their existence upon federal dollars. Those dollars come from taxpayers of all religions and none. Are such institutions entitled to deny people medically appropriate care on the basis of their own religious doctrine? The question is gaining urgency as more and more of the nation’s hospitals have become part of Catholic health-care systems–currently, 10 of the 25 largest hospital systems in the U.S. are Catholic. As the ACLU’s Reproductive Rights project newsletter noted

We know, for example, that the U.S. Conference of Catholic Bishops, which sets the rules for all Catholic hospitals, has said that its hospitals should let a woman die rather provide an emergency abortion. The bishops made their policy crystal-clear when a Catholic hospital in Phoenix defied the bishops’ rules and saved a woman’s life by providing an abortion. The bishops excommunicated a nun who was on the committee that approved the abortion, and the hospital was stripped of its Catholic status.

There are plenty of doctrinal questions raised by such examples, but those are matters for internal Catholic debate. The question for the rest of us is the same question that is raised in other conflicts pitting civic equality and access to public services against the religious beliefs of people claiming their faith exempts them from treating others as they would wish to be treated–as autonomous persons entitled to make their own moral decisions.

That question is: at what point do the obligations of citizenship in a diverse nation that celebrates civic equality override the “sincerely held religious beliefs”of those who believe they are entitled to be more equal than others?

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Gotta Give Them Credit for Honesty

Last Sunday I posted about research suggesting the emergence of a “kinder, gentler,” less political Christianity.

The news has evidently not reached Augusta, Virginia.

An ad by the Augusta County Republican Committee touting the need to “Preserve our Christian Heritage” was created to be a reflection of the party’s creed, officials say.

Larry Roller, 87, created the political flier that says, “Preserve our Christian Heritage! VOTE REPUBLICAN” on Nov. 3. The ad ran as an insert in The News Leader Thursday.

God is a foundation of our nation,” said Roller, of Mount Sidney, who is on the GOP committee. “If you read the histories of our founding fathers, (they say) you should not run for office if you are not a Christian.”

Well, I hate to break it to you, Larry, but the founding fathers actually said no such thing. In fact, quite the opposite. That’s why they put that bit in the Constitution about never requiring a religious test for office, and that’s also why the First Amendment’s Establishment Clause prohibits government from engaging in activities that “respect an establishment” of religion.

People like Larry remind me of the caller to a radio show I was on a few years ago, who justified his (unconstitutional) position by informing me that “Even James Madison said we’re giving the Bill of Rights to people who live by the Ten Commandments.” When I politely informed him that the quote had been debunked as bogus–and that it was also contrary to everything Madison actually had said–he screamed into the phone “Well I think he said it!” and slammed down the receiver.

In Augusta county, a follow-up story had quotes from a number of local Republican officeholders defending both the ad and Larry’s somewhat unique perspective on the American founding.

When you live in a fact-free world, it’s easier to understand support for people like Donald Trump and Ben Carson…

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Not Your (Founding) Fathers’ Definition of “Religious Liberty”

Sunday Sermon time….

It’s not just the fight over RFRA.

Increasingly, defenders of “religious liberty” are insisting that what their liberty requires is the right to dictate the behaviors and prescribe the rights of others. Any effort to remind these theocrats that non-Christians and nonbelievers are entitled to equal treatment by government is met with outrage and accusations of “political correctness” and “waging war on faith.”

Think I’m exaggerating? These three examples all crossed my desk on a single day:

In Michigan, a Catholic hospital repeatedly refused to perform a medically-necessary tubal ligation, despite the doctor’s strong recommendation.

Weeks after learning she would give birth to her third child, Jessica Mann was faced with a difficult decision: because she was stricken by a life-threatening brain tumor, her doctor recommended she have her fallopian tubes tied at the time of her scheduled cesarean section delivery, later this month….

Mann’s doctor advised her that tubal ligation during the C-section it would be the safest route, consistent with long-established standard of care, and prevent the need for another surgery.

The hospital cited its Catholic affiliation–and its liberty to follow the teachings of  the Church, even if that meant it was sufficiently in conflict with the medical “standard of care” as to be considered malpractice– as justification for the denial.

In Tennessee, self-identified “Sovereign Citizens” are refusing to buy license plates or to register their automobiles. From the Marty Center at the University of Chicago, we learn that

While the sovereign citizen movement is often represented as a collection of scofflaws creating elaborate interpretations of the American legal system in order to scam it, the reality is more complex…

The majority of sovereign citizens conceive of and engage in their claims and practices as religious.

These sovereign citizens claim–and fervently believe–that the law as they espouse it always supersedes other interpretations of the law. Their “liberty” to follow the “real” law is thus more important than the government’s interpretation of the law.

But this is my favorite: In Washington, D.C., a church is actually claiming that the location of a proposed bike lane adjacent to its property would “infringe on its constitutional right to religious freedom.” (You really can’t make this shit up.) As a post at Think Progress pointed out:

Currently, D.C. provides the church with a benefit that is paid for by taxpayers: a road near the church which does not include a bike lane. D.C. proposed offering the church a different benefit which would also be paid for by the city’s taxpayers: a road near the church which does include a bike lane. The church, in effect, is claiming that it has the right to dictate which taxpayer-funded benefits the District of Columbia shall provide, solely because it happens to be a religious organization.

These assertions of “religious liberty” would have baffled the men who drafted America’s Constitution. They are certainly inconsistent with the libertarian construct that emerged from the Enlightenment and influenced America’s founders: the notion that each individual has a right to make his or her own moral choices–follow his own telos–so long as he does not thereby harm the person or property of a non-consenting other and so long as he is willing to accord an equal right to others.

To put the philosophy of the Bill of Rights into modern terminology, it’s pretty much “live and let live.” (Again, so long as you aren’t harming anyone else–and “harming” is admittedly a contestable definition.)

That philosophy definitely isn’t “I get to do what I want, and since I have a direct line to God and Truth, I also get to make you behave the way my religion thinks you should.”

We are each entitled to liberty, not privilege.

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He’s Baaack…

Sometimes, the only reason I see things is that former students send them to me. Unfortunately, the things they send tend to be infinitely depressing.

A few days ago, a former student sent me a link to a story about crazy Alabama Judge Roy Moore. You’ll remember Moore from his previous term as Chief Judge of the Alabama Supreme Court (note to self: never, ever move to Alabama), when he commissioned a five-ton stone engraved with the Ten Commandments and had it installed at the Courthouse door. It was removed after the Federal Courts ruled it a gross and obvious violation of the First Amendment religion clauses–something you’d expect a judge to know.

Moore subsequently ran unsuccessfully for President on a Christian-Theocrat ticket of some sort. Most recently, he ran for–and won–his old seat on Alabama’s high court. (Note to self: remember this example of why we should not elect judges).

So, like Jaws (only more scary), he’s baaack.

Speaking at the Pastors for Life Luncheon, which was sponsored by Pro-Life Mississippi, Chief Justice Roy Moore of the Alabama Supreme Court declared that the First Amendment only applies to Christians because “Buddha didn’t create us, Mohammed didn’t create us, it was the God of the Holy Scriptures” who created us.

Moore had more:

Discussing Thomas Jefferson’s use of “life” in the Declaration of Independence, he said that “when [Jefferson] put ‘life’ in there, it was in the womb — we know it begins at conception.”

He later said the “pursuit of happiness” meant following God’s law, because “you can’t be happy unless you follow God’s law, and if you follow God’s law, you can’t help but be happy.”

And I bet Roy Moore will be happy to explain exactly what God wants. Which just happens to be what Roy Moore–in his twisted little mind–wants.

(Note to self: uncurl from fetal position–it’s bad for the back.)

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Religious Privilege

Yesterday’s decision by the Supreme Court in Town of Greece was predictable, given this particular Court’s history. That doesn’t make it any less unfortunate. The Court, in a 5-4 decision, upheld the town’s practice of opening town council meetings with a (very Christian) prayer.

It is ironic that all five Justices in the majority are Catholic; it wasn’t all that long ago (at least in legal time) that Catholic children attending the country’s public schools were required to participate in decidedly Protestant bible readings. The Protestant majority saw no reason to accommodate Catholics (or Jews or Freethinkers or anyone else), and the Catholics found that exercise of majoritarian privilege so offensive to their beliefs that large numbers of them left the public system. That was the genesis of the parochial schools with which we are familiar.

How soon they forget….

Don Knebel has an excellent post about Town of Greece over at the Center for Civic Literacy’s website. As he notes,

Under the Court’s decision, that practice [inviting only Christian pastors to deliver the prayer] can continue so long as there are no non-Christian congregations in the town.  And, if say a Hindu temple comes to Greece, the town will still have no obligation to include prayers acceptable to Buddhists, Muslims, Jews and all the other traditions that its residents may follow.  There is something unsettling about that.  Meetings of the town council should not be places for the dominant religion to trumpet that dominance.  As Justice Kagan noted:  “[T]he [challenged] prayers betray no understanding that the American community is today, as it long has been, a rich mosaic of religious faiths.”

Does this decision threaten religious liberty? Not much. It’s just another “f**k you, you don’t count” to people who don’t genuflect to the gods of the majority. Just another reminder that the pious hypocrites demanding that government privilege their beliefs–by allowing them to deny contraception coverage to their employees, for example–are totally unwilling to respect the equally sincere beliefs of others.

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