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The Religious Right’s Campaign to Strip All Citizens of Religious Freedom

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Turn on any cable news show and you’ll hear conservatives, particularly from the Religious Right, giving long tirades about religious freedom and how the Left is seeking to strip it away from good God-fearing Americans. But if you watch how the Religious Right works in court, you know that it’s actually the other way around.

Religious freedom has been a strongly-held belief in America since the very beginning. All three branches of government have worked hard to preserve the rights of Americans to choose for themselves whether they wished to be Protestant, Jewish, Catholic, or an atheist. It’s a fundamental part of the system that our country built itself on: the right to believe as you will, and to change your mind about it.

Legislative bodies and the courts have centered those rights around the individual—allowing the individual to choose for themselves how they would or would not believe in a god, rather than imbuing an institution with the right to choose for them.

If you were to believe the talking points of conservative punditryland, you might think that the right to believe (or not) as you will is under attack from the Left, and that no-good liberals (particular the gays) are trying to force Americans to accept their wicked ways and deny those good God-fearing citizens their right to worship in peace.

But how is this actually playing out in the courts and in the legislatures?

Hobby Lobby

In the Sebelius v. Hobby Lobby case before the U.S. Supreme Court right now, the owners of the private for-profit corporation Hobby Lobby chain are seeking an exemption from a provision within the Affordable Care Act that requires that the health insurance their employees receive include coverage for birth control methods such as morning after pills and IUDs. Hobby Lobby’s owners, the Green family (who happen to be evangelical Christians) say that they consider such birth control methods to be abortifacients—despite the medical and scientific community pointing out that they are not—and as such their company should be exempted from the Affordable Care Act because providing their employees with insurance coverage for such methods is a violation of their religious freedom.

Mississippi’s Religious Freedom Restoration Act

On April 1 this year (appropriately), the conservative-controlled Mississippi state legislature passed into law the Religious Freedom Restoration Act, which was quickly signed into law by Governor Phil Bryant (R). The bill allows businesses to turn away customers and/or employees (such as LGBTQ people) because the owner of the business happens to disagree with them on a religious level.

A similar law was passed just a few months prior by the Arizona legislature, but Governor Jan Brewer had vetoed it after coming under enormous national pressure and media scrutiny.

Whose Rights?

What both of these situations highlight is the concerted effort by the leaders of the Religious Right to fundamentally alter the way religious freedom works. Where in the past it has always been applied to—and designed for—the individual, Christian Right legal organizations such as the Alliance Defending Freedom (formerly known as Alliance Defense Fund of Prop 8 notoriety) are seeking to strip those rights away from you and me, and bestow them upon businesses themselves. Those corporate religious beliefs can then be used to circumvent civil rights laws, if they happen to conflict with the businesses’ newly-bestowed conscience.

What does this mean for us? It won’t just affect LGBTQ people. If the only religious beliefs that matter are what your boss happens to believe, employees across the country will be forced into complying with those beliefs or risk their (and their family’s) livelihood and well being. If a business owner happens to belong to a faith that believes women should always be subservient to men, they could legally be allowed to deny women managerial positions (or not hire them at all). Muslims could refuse to hire Jewish workers, or keep them at lower pay rates than their co-workers. White business owners in the South could use religion as an excuse to deny service to Black customers.

Now, neither the Hobby Lobby case or the Mississippi law go so far as to completely open the floodgates for all of these civil rights abuses on their own, but each are significant cracks in the wall. And once precedent is set, the next exemption is that much easier to create.

If we are going to shore up the foundations of religious freedom, it’s going to take more than just quippy catchphrases. The Religious Right has been enormously successful capturing the dialogue, and painting all outsiders, particularly the LGBTQ community, as the enemies of our rights. We’ve got to help the nation understand that the leaders of the Right are seeking to not only strip the religious freedom of LGBTQ people, but of every citizen—no matter what their beliefs.

Eric Ethington has been specializing in political messaging, communications strategy, and public relations for more than a decade. Originally hailing from Salt Lake City, he now works in Boston for a social justice think tank. Eric’s writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Telegraph, and The Public Eye magazine. He’s worked as a radio host, pundit, blogger, activist and electoral campaign strategist. He also writes at NuanceStillMatters.com 

Follow Author Eric Ethington on Twitter @EricEthington

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News

‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

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The county clerk for Ingham County, Michigan blasted Republican National Committee co-chair Lara Trump after the ex-president’s daughter-in-law bragged the RNC will have people to “physically handle” voters’ ballots in polling locations across the country this November.

“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,” Trump told Newsmax host Eric Bolling this week, as NCRM reported.

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

“Yup,” Trump replied.

Marc Elias, the top Democratic elections attorney who won 63 of the 64 lawsuits filed by the Donald Trump campaign in the 2020 election cycle (the one he did not win was later overturned), corrected Lara Trump.

READ MORE: ‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

“Poll observers are NEVER permitted to touch ballots. She is suggesting the RNC will infiltrate election offices,” Elias warned on Wednesday.

Barb Byrum, a former Michigan Democratic state representative with a law degree and a local hardware store, is the Ingham County Clerk, and thus the chief elections official for her county. She slammed Lara Trump and warned her the RNC had better not try to touch any ballots in her jurisdiction.

“I watched your video, and it’s riveting stuff. But if you think you’ll be touching ballots in my state, you’ve got another thing coming,” Byrum told Trump in response to the Newsmax interview.

“First and foremost, precinct workers, clerks, and voters are the only people authorized to touch ballots. For example, I am the County Clerk, and I interact with exactly one voted ballot: My own,” Byrum wrote, launching a lengthy series of social media posts educating Trump.

“Election inspectors are hired by local clerks in Michigan and we hire Democrats and Republicans to work in our polling places. We’re required by law to do so,” she continued. “In large cities and townships, the local clerks train those workers. In smaller cities and townships, that responsibility falls to County Clerks, like me.”

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

She explained, “precinct workers swear an oath to uphold the Constitution of the United States and the Constitution of the State of Michigan.”

“Among the provisions in the Michigan Constitution is the right to a secret ballot for our voters,” she added.

Byrum also educated Trump on her inaccurate representation of the consent decree, which was lifted by a court, not a judge’s death, as Lara Trump had claimed.

“It’s important for folks to understand what you’re talking about: The end of a consent decree that was keeping the RNC from intimidating and suppressing voters (especially in minority-majority areas).”

“With that now gone, you’re hoping for the RNC to step up their game and get people that you train to do god-knows what into the polling places.”

Byrum also warned Trump: “If election inspectors are found to be disrupting the process of an orderly election OR going outside their duties, local clerks are within their rights to dismiss them immediately.”

“So if you intend to train these 100,000 workers to do anything but their sacred constitutional obligation, they’ll find themselves on the curb faster than you can say ‘election interference.'”

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

 

 

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OPINION

‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

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U.S. Rep. Jared Moskowitz (D-FL) is mocking House Oversight Committee Chairman Jim Comer over a CNN report revealing the embattled Kentucky Republican who has been alleging without proof President Joe Biden is the head of a vast multi-million dollar criminal bribery and influence-peddling conspiracy, has given up trying to impeach the leader of the free world.

CNN on Wednesday had reported, “after 15 months of coming up short in proving some of his biggest claims against the president, Comer recently approached one of his Republican colleagues and made a blunt admission: He was ready to be ‘done with’ the impeachment inquiry into Biden.” The news network described Chairman Comer as “frustrated” and his investigation as “at a dead end.”

One GOP lawmaker told CNN, “Comer is hoping Jesus comes so he can get out.”

“He is fed up,” the Republican added.

Despite the Chairman’s alleged remarks, “a House Oversight Committee spokesperson maintains that ‘the impeachment inquiry is ongoing and impeachment is 100% still on the table.'”

RELATED: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

Last week, Oversight Committee Ranking Member Jamie Raskin (D-MD) got into a shouting match with Chairman Comer, with the Maryland Democrat saying, “You have not identified a single crime – what is the crime that you want to impeach Joe Biden for and keep this nonsense going?” and Comer replying, “You’re about to find out.”

Before those heated remarks, Congressman Raskin chided Comer, humorously threatening to invite Rep. Moskowitz to return to the hearing.

Congressman Moskowitz appears to be the only member of the House Oversight Committee who has ever made a motion to call for a vote on impeaching President Biden, which he did last month, although he did it to ridicule Chairman Comer.

It appears the Moskowitz-Comer “bromance” may be over.

Wednesday afternoon Congressman Moskowitz, whose sarcasm is becoming well-known, used it to ridicule Chairman Comer.

“I was hoping our breakup would never become public,” he declared. “We had such a great thing while it lasted James. I will miss the time we spent together. I will miss our conversations. I will miss the pet names you gave me. I only wish you the best and hope you find happiness.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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OPINION

‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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The U.S. Supreme Court heard oral arguments in a case centered on the question, can the federal government require states with strict abortion bans to allow physicians to perform abortions in emergency situations, specifically when the woman’s health, but not her life, is in danger?

The 1986 federal Emergency Medical Treatment and Active Labor Act (EMTALA), signed into law by Republican President Ronald Reagan, says it can. The State of Idaho on Wednesday argued it cannot.

U.S. Solicitor General Elizabeth Prelogar, The Washington Post’s Kim Bellware reported, “made a clear delineation between Idaho law and what EMTALA provides.”

“In Idaho, doctors have to shut their eyes to everything except death,” Prelogar said, according to Bellware. “Whereas under EMTALA, you’re supposed to be thinking about things like, ‘Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?’ ”

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

Attorney Imani Gandy, an award-winning journalist and Editor-at-Large for Rewire News Group, highlighted an issue central to the case.

“The issue of medical judgment vs. good faith judgment is a huge one because different states have different standards of judgment,” she writes. “If a doctor exercises their judgment, another doctor expert witness at trial could question that. That’s a BIG problem here. That’s why doctors are afraid to provide abortions. They may have an overzealous prosecutor come behind them and disagree.”

Right-wing Justice Samuel Alito appeared to draw the most fire from legal experts, as his questioning suggested “fetal personhood” should be the law, which it is not.

“Justice Alito is trying to import fetal personhood into federal statutory law by suggesting federal law might well prohibit hospitals from providing abortions as emergency stabilizing care,” observed Constitutional law professor Anthony Michael Kreis.

Paraphrasing Justice Alito, Kreis writes: “Alito: How can the federal government restrict what Idaho criminalizes simply because hospitals in Idaho have accepted federal funds?”

Appearing to answer that question, Georgia State University College of Law professor of law and Constitutional scholar Eric Segall wrote: “Our Constitution unequivocally allows the federal gov’t to offer the states money with conditions attached no matter how invasive b/c states can always say no. The conservative justices’ hostility to the spending power is based only on politics and values not text or history.”

Professor Segall also served up some of the strongest criticism of the right-wing justice.

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

He wrote that Justice Alito “is basically making it clear he doesn’t care if pregnant women live or die as long as the fetus lives.”

Earlier Wednesday morning Segall had issued a warning: “Trigger alert: In about 20 minutes several of the conservative justices are going to show very clearly that that they care much more about fetuses than women suffering major pregnancy complications which is their way of owning the libs which is grotesque.”

Later, predicting “Alito is going to dissent,” Segall wrote: “Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.”

Taking a broader view of the case, NYU professor of law Melissa Murray issued a strong warning: “The EMTALA case, Moyle v. US, hasn’t received as much attention as the mifepristone case, but it is huge. Not only implicates access to emergency medical procedures (like abortion in cases of miscarriage), but the broader question of federal law supremacy.”

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

 

 

 

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