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Catholic Church Says Federal Court Has No Jurisdiction Over It, Because Religious Freedom

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It is a case that has never been seen in this country before – and a harbinger of the religious right’s attacks on America yet to come. If you thought Hobby Lobby was extreme, you haven’t seen anything yet.

The St. Vincent de Paul School in Fort Wayne, Indiana is a small Catholic school of about 800 students. In 2012, Emily Herx was an English teacher there, and had been trying for a year to conceive. Like many women, she decided to try in-vitro fertilization, which required her to request some time off. At first, as Mother Jones reports, she was met with what she thought was support from her supervisor. “You are in my prayers.” Not even two weeks later, she was met with a pink slip.

Herx was labeled by one monsignor a “grave, immoral sinner,” merely for trying to have a family.

And so she’s suing the St. Vincent de Paul School and the Fort Wayne-South Bend Diocese for firing her.

Of course, the school and diocese are arguing “freedom of religion” allows them to hire and fire at will.

But they are also using an argument that has never been tried before, at least in America: Freedom of religion and the First Amendment mean they don’t even have to show up in court. In short, they are arguing the State has no jurisdiction over them, because of the First Amendment.

“[If] the diocese is required to go through a trial,” attorneys for the diocese and school argued, it would “irrevocably” deny Fort Wayne-South Bend the benefits of religious protection. Herx’s attorneys are fighting the appeal.

If they are successful – and yes, this could conceivably go to the Supreme Court – it would mean an entirely separate State exists, in essence, for religious institutions in America. Not only would they be tax-exempt, they would be law-exempt.

“I’ve never seen this before, and I couldn’t find any other cases like it,” Brian Hauss, a staff attorney with the American Civil Liberties Union Center for Liberty told Mother Jones.

“What the diocese is saying is, ‘We can fire anybody, and we have absolute immunity from even going to trial, as long as we think they’re violating our religion. And to have civil authorities even look into what we’re doing is a violation.’…It’s astonishing,” Hauss adds.

Louise Melling, a deputy legal director at the ACLU, was more critical: “It’s an unusual and extreme argument, to be saying the court doesn’t even have the legal authority to ask whether this was, in fact, sex discrimination. I can’t imagine they would prevail on that. It’s too extreme.”

Than again, Melling says she never would have predicted the recent wave of cases in which religious institutions asserted that they have an expansive right to discriminate. One of those cases was Burwell v. Hobby Lobby—the Supreme Court case that struck down the contraception mandate in the Affordable Care Act. The ACLU has also seen a climb in the number of Christian schools arguing that Title VII allows them to fire women who undergo IVF or become pregnant outside of marriage, or to fire employees who engage in same-sex relationships. “Hobby Lobby was just one case in this wave,” Melling says.

Conservatives, however, don’t see it as “extreme” at all.

Douglas Laycock, a professor at the University of Virginia Law School, says the diocese’s assertion is a “perfectly sensible argument.” Laycock, who has successfully argued numerous religious liberty cases before the Supreme Court, notes there is precedent for immunizing certain organizations from trial, although not necessarily under Title VII’s religious protections. “I think it’s going to be a hard sell,” he says. “But I don’t know that it’s ‘extreme.'”

Many Americans believe the Hobby Lobby case was extreme as well. 

But as it turns out, Hobby Lobby was just the beginning.

 

Image via Flickr

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News

Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

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37 mins ago

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April 24, 2024

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Hours before his attorneys would mount a defense on Tuesday claiming he had not violated his gag order Donald Trump might have done just that in a 12-minute taped interview that morning, which did not air until later that day. It will be up to Judge Juan Merchan to make that decision, if prosecutors add it to their contempt request.

Prosecutors in Manhattan District Attorney Alvin Bragg’s office told Judge Juan Merchan that the ex-president violated the gag order ten times, via posts on his Truth Social platform, and are asking he be held in contempt. While the judge has yet to rule, he did not appear moved by their arguments. At one point, Judge Merchan told Trump’s lead lawyer Todd Blanche he was “losing all credibility” with the court.

And while Judge Merchan directed defense attorneys to provide a detailed timeline surrounding Trump’s Truth Social posts to prove he had not violated the gag order, Trump in an interview with a local television station appeared to have done so.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

The gag order bars Trump from “commenting or causing others to comment on potential witnesses in the case, prospective jurors, court staff, lawyers in the district attorney’s office and the relatives of any counsel or court staffer, as CBS News reported.

“The threat is very real,” Judge Merchan wrote when he expanded the gag order. “Admonitions are not enough, nor is reliance on self-restraint. The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well. Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

Tuesday morning, Trump told ABC Philadelphia’s Action News reporter Walter Perez, “Michael Cohen is a convicted liar. He’s got no credibility whatsoever.”

He repeated that Cohen is a “convicted liar,” and insisted he “was a lawyer for many people, not just me.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Since Cohen is a witness in Trump’s New York criminal case, Judge Merchan might decide Trump’s remarks during that interview violated the gag order, if prosecutors bring the video to his attention.

Enter attorney George Conway, who has been attending Trump’s New York trial.

Conway reposted a clip of the video, tagged Manhattan District Attorney Bragg, writing: “cc: @ManhattanDA, for your proposed order to show cause why the defendant in 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘛𝘳𝘶𝘮𝘱 should not spend some quiet time in lockup.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of “hush money” to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which experts say is election interference.

Watch the video below or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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OPINION

‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

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2 hours ago

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April 24, 2024

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Minutes before Donald Trump addressed his MAGA crowd at the Ellipse on January 6, 2021 his daughter-in-law, Lara Trump spoke to his supporters, vowing to “take our country back” because the Trump “family didn’t get in this fight for just four years. We are in this fight to the bitter end.”

Fast forward to April, 2024.

Lara Trump is now co-chair of the Republican National Committee, after Donald Trump’s efforts to install her and his hand-picked RNC chairman, Michael Whatley. Whatley is a North Carolina Republican who served on George W. Bush’s Florida recount team for the 2000 presidential election that was decided at the U.S. Supreme Court. Years later Whatley declared, “it was really the first time that Republicans got down into the trenches and fought,” and claimed, “if we were not there, they were going to steal it.”

Now both Michael Whatley and Lara Trump are leading the RNC, and with Donald Trump as the presumptive GOP presidential nominee, they are continuing the ex-president’s focus on “election integrity.”

Tuesday night Lara Trump served up some insight into what they’re planning.

READ MORE: Trump Complains He’s ‘Not Allowed to Talk’ as He Gripes Live on Camera

“We now have the ability at the RNC not just to have poll watchers, people standing in polling locations, but people who can physically handle the ballots. We want people all across this country –” she said before host Eric Bolling interrupted her.

“I want to hear this, this is really fascinating to me,” Bolling said. “You have 100,000 people who are, I think I saw paid at one point, but whatever – irrelevant, but, so they will be stationed inside polling places? I didn’t even know you can do that. Tell us about it.”

Trump replied, “there was a moratorium for about 40 years on the RNC actually training people to work in these polling locations in the tabulation centers where the mail-in ballots come in. And last year, the judge who implemented that passed away, so that was lifted, and that gives us a great ability as we head into what I assume everyone understands is the most important election of our lifetime.”

Bolling went on to ask, “Will these people, will they be allowed to physically handle the ballots as well, Lara?”

“Yup,” Trump replied. “And that means Eric that they should know and they can count how many ballots come in, and how many ballots should go out of every single polling location.”

READ MORE: ‘I’m Not Suicidal’: Kari Lake Pushes Hillary Clinton Murder Conspiracy Theory

She went on to say if anyone cheats, “we will prosecute you to the full extent of the law.”

“It is not worth it to cheat in a federal election, that is a crime my friends you do not want to commit.”

Bolling was referring to the more than 100,000 attorneys and volunteers the RNC reportedly has lined up to monitor vote counting. In a joint statement the Trump campaign and the RNC called it, “the most extensive and monumental election integrity program in the nation’s history.”

Former RNC Chairman Michael Steele blasted Lara Trump.

“Lara, you know why there was ‘a moratorium on the RNC for 40 years’? Because the RNC was caught cheating. The RNC was placed under a 1982 Consent decree for voter caging. Voter caging hinders an eligible voter’s ability to vote. The process involves efforts to identify and disenfranchise improperly registered voters solely on the basis of undeliverable mail. It often leads to the unwarranted purging of election rolls of otherwise eligible voters.”

“So,” Steele continued, “given the continued lies about the 2020 election and your daddy-in-law claiming if he loses in 2024 it’s because the election is rigged, you’re planning to have your people ‘physically handle the ballots’–and we’re supposed to think that’s a good idea?”

NYU professor of history Ruth Ben-Ghiat, a scholar on fascism, authoritarianism, propaganda, and the protection of democracy, also served up strong criticism.

“What does this mean, they will have thugs to physically take the ballots to make sure they are marked for Republican candidates?” Ben-Ghiat asked. “Sounds like a perfect authoritarian election plan to me.”

Watch the video above or at this link.

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

 

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News

‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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20 hours ago

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April 23, 2024

By

Republicans in the Tennessee House passed legislation Tuesday afternoon allowing teachers to carry concealed weapons in classrooms across the state, thirteen months after a 28-year old shooter slaughtered three children and three adults at a Christian elementary school in Nashville.

The measure is reportedly not popular statewide, with Democrats, teachers, and parents from the school, Covenant Elementary, largely opposed. The Republican Speaker of the House, Cameron Sexton, at one point literally shut down debate on the bill by shutting off a Democratic lawmaker’s microphone and then smiling.

Ultimately, Republican Rep. Ryan Williams’s legislation passed the GOP majority House as protestors in the gallery shouted their objections: “Blood on your hands.”

READ MORE: Trump Complains He’s ‘Not Allowed to Talk’ as He Gripes Live on Camera

The legislation bars parents from being informed if their child’s teacher has a gun in the classroom.

State Troopers were called to “prevent people from getting close to the House chambers,” WSMV’s Marissa Sulek reports.

“You’re going to kill kids,” one woman had yelled at Rep. Williams from the gallery on Monday, The Tennessean reports. “You’re going to be responsible for the death of children. Shame on you.”

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

Democratic state Rep. Justin Jones said on social media, “This is what fascism looks like.”

“In recent weeks,” the paper also reports, “parents of school shooting survivors, students and gun-reform advocates have heavily lobbied against the bill, with one Covenant School mom delivering a letter to the House on Monday with more than 5,300 signatures asking lawmakers to kill the bill.”

The bill, which already passed the state Senate, now heads to Republican Governor Bill Lee’s desk. He is expected to sign it into law.

Watch the videos above or at this link.

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