The Religious Right Operative Who Helped Write Utah’s Nondiscrimination Law
Was the nondiscrimination/religious freedom law in Utah really the “historic compromise†it’s being touted as, or a Trojan Horse for the Religious Right’s agenda? There now seems to be little doubt with the discovery that one of the law’s authors has spent years working with the country’s most prominent Religious Right leaders and groups to advance right-to-discriminate laws across the country.
After my article last week asserted that the much-hailed Utah LGBTQ rights law was really an attempt by the national Religious Right to gain legitimacy for their agenda to redefine religious liberty as a religious license to legally discriminate, many have begun looking into how the bill actually came into existence.
As Queer Nation recently pointed out, Robin Fretwell Wilson, a law professor at the University of Illinois, has a long history of seeking to develop loopholes in civil rights laws. In 2014, as the proposed RFRA in Arizona was causing national headlines for its provisions allowing both private and government individuals to opt-out of civil rights and public accommodation laws if done so for religious beliefs, Wilson and the Alliance Defending Freedom (ADF) teamed up to send a letter to Arizona Republican Governor Jan Brewer, claiming the law was being “egregiously misrepresented.†ADF (formerly known as the Alliance Defense Fund back when it was working as part of the legal team defending California’s Prop 8, which stripped marriage rights from same-sex couples), was one of the authors of the Arizona bill. Following massive protests and national outcry, that bill was eventually vetoed by Governor Brewer, but less than a month later a nearly identical bill became law in Mississippi and ADF has worked to pass similar legislation in over a dozen states since.
In 2008, Wilson teamed up with the Becket Fund for Religious Liberty—the group behind the Supreme Court’s Hobby Lobby case—to co-edit their book Same-Sex Marriage and Religious Liberty: Emerging Conflicts, where she claimed states must proactively pass “conscience clauses†for religious freedom—the right for individuals, business owners, and government employees to use their religious opinions to legally discriminate against others.[1]
Wilson was more explicit in an op-ed to The New York Times, following the state legislature’s passage of same-sex marriage in 2011. “Without such [individual religious exemptions],†Wilson argues, “groups that hew to their religious beliefs about marriage would be at risk of losing government contracts and benefits and would be subject to lawsuits from private citizens.†She goes on to claim that organizations receiving government funding should never be in danger of losing those tax dollars just because they discriminate against LGBTQ people.
In 2010, Wilson authored a paper in the Northwestern Journal of Law & Social Policy titled Insubstantial Burdens: The Case for Government Employee Exemptions to Same-Sex Marriage Laws, in which she lamented that (at that point) “not a single state has shielded the government employee at the front line of same-sex marriage, such as the marriage registrar who, if she has a religious objection to same-sex marriage, will almost certainly face a test of conscience.†She concludes with what she believes to be a fair scenario: “Same-sex marriage applications comprise a miniscule part of the overall workload in the local marriage registrar’s office. If that office is staffed by three clerks, Faith, Hope, and Charity, and only Faith has a religious objection to assisting with same-sex marriage applications, allowing Faith to step aside when no hardship will result for same-sex couples is costless.†This, of course, ignores the vast implications of allowing a publicly-funded government employee to deny civil rights to citizens—not to mention the real threat of “Hope†and “Charity†following “Faith’s†lead. Wilson also took it a step further in her 2014 paper, Marriage of Necessity: Same-Sex Marriage and Religious Liberty Protections, where she advocates for the Religious Right to focus on inserting its corrupted view of religious freedom into state laws.
Wilson is also famous for co-writing an op-ed in The Washington Post in 2014 with Bradford Wilcox, claiming that if women want to stop being sexually abused, they should just get married. Co-author Bradford Wilcox is currently the head of the Religious Right’s “National Marriage Project.†But until 2012 he was a director at the Witherspoon Institute, where he played an integral role in the creation of the thoroughly-debunked study by Mark Regnerus, which claimed that children of same-sex parents turn out much worse than children of opposite-sex parents. Wilcox not only acted as an advisor on the project, but was a paid consultant.
And speaking specifically about the Utah law she helped write, Wilson went so far as to lay out that “if the religious right does not believe that they are going to have those [religious exemption] protections, it cannot push forward the other rights.â€
Wilson’s true motives in writing Utah’s “compromise†SB296 law are clear.
LGBTQ supporters of the law are arguing that the religious exemptions in SB296 do not undermine the workplace/housing protections for LGBTQ people. But that misses the entire point of the critique of the bill. It didn’t matter what legalese actually went into the law. In fact, it behooved Wilson, the Mormon Church, ADF, and the other Religious Right actors to make the bill appear favorable to LGBTQ people who desperately need workplace and housing protections.
No, the real agenda was to obtain the endorsement of LGBTQ groups. The Religious Freedom Restoration Acts currently being pushed through state legislatures, particularly in the South, are vulnerable to court challenges. But now that the Religious Right has high-profile endorsements of their false framework of religious freedom and LGBTQ rights being opposed to each other, unfortunately, the ability of LGBTQ activists and organizations to oppose RFRAs and other efforts to codify discrimination—all dressed up in the language of “religious freedomâ€â€”has been curtailed.
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Eric Ethington is a journalist, activist, and researcher. Originally from Utah, he now works in Boston for a social justice think tank. His writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Guardian, and The Public Eye magazine. Follow him on Twitter @EricEthington.
**Cross-posted with permission from Political Research Associates
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President Donald Trump is promising mass pardons to White House staff, and has done so repeatedly, the Wall Street Journal reports.
“I’ll pardon everyone who has come within 200 feet of the Oval,” Trump said in a recent meeting, to laughs, the Journal reported, citing people familiar.
“That radius,” the Journal added, “appears to be expanding as the president repeats the line. Another person who met with Trump earlier this year said the president quipped about pardoning anyone who had come within 10 feet.”
Trump at one point said he would hold a news conference to announce the mass pardons.
“The president has repeatedly raised the specter of pardons with White House aides and other administration officials, particularly when staff have suggested they could face prosecution or congressional investigations over decisions, people familiar with the comments said,” the Journal reported.
The Journal did not state if the pardons would be blanket pardons, but reported that those familiar with his remarks “said they weren’t aware of specific pardons being offered to specific people for specific acts.”
READ MORE: White House Fires Back After President’s Doctor Is Asked to Test Trump’s Mental Fitness
The report also noted that Trump has often seriously pursued actions he initially had joked about.
“It seems like he previewed many times his intent to use the pardon power to bail out those who carry out his agenda faithfully,” Liz Oyer, a former Trump Justice Department pardon attorney told the Journal. She also “said the offers could spur Cabinet officials and administration officials to behave more aggressively.”
While Trump did not pardon White House or other officials in conjunction with the events of January 6, 2021, on his first day back in office he did issue sweeping pardons to roughly 1,500 of those who were at the Capitol that day and later arrested.
READ MORE: ‘Only Reason They Are Alive’: Trump Again Threatens Iran in Unhinged Truth Social Post
Image via Reuters
The White House is fighting back after a prominent House Democrat demanded that the Physician to the President test Donald Trump’s mental fitness, citing the president’s recent remarks.
“At a time when our country is at war—especially when the war was initiated by the President without congressional declaration or consent—the American people must be able to trust that the Commander-in-Chief has the mental capacity to discharge the essential duties of his office,” Judiciary Committee Ranking Member Jamie Raskin wrote to the President’s Physician, Captain Sean P. Barbabella, D.O., in a letter published by Punchbowl News.
“I therefore request that you conduct a comprehensive cognitive assessment of President Donald Trump, provide those results to Congress, and make yourself available to brief Congress on your findings.”
Congressman Raskin noted that experts “have repeatedly warned that the President has been exhibiting signs consistent with dementia and cognitive decline.”
“And, in recent days, the country has watched President Trump’s public statements and outbursts turn increasingly incoherent, volatile, profane, deranged, and threatening. His apparently deteriorating condition has caused tremendous alarm across the nation (and political spectrum) about the President’s cognitive function and continuing mental fitness for the office of President, and prompted concerns about the President’s well-being.”
Raskin noted that during the Biden presidency, Oversight Committee Chairman James Comer called President Biden’s mental acuity “one of the greatest scandals in our nation’s history,” and subpoenaed the White House Physician.
He also noted that during that time, Judiciary Committee Chairman Jim Jordan declared that a president who is not cognitively fit, “isn’t fit for office.”
Raskin offered some examples, including Trump’s recent message to Iran, which the Congressman described as combining “vulgarity and profanity, unprecedented threats of mass civilian destruction, and a sarcastic invocation of Islam on Easter morning—a bizarre display that shocked tens of millions of Americans and astonished observers across the political spectrum.”
Trump had written: “Tuesday will be Power Plant Day, and Bridge Day, all wrapped up in one, in Iran. There will be nothing like it!!! Open the F——’ Strait, you crazy b——, or you’ll be living in Hell – JUST WATCH! Praise be to Allah.”
The New York Times had described Trump’s remarks as a “blistering threat” that “would have stood out on any day, much less on what most Christians consider the holiest day of the year.”
Raskin is insisting that Dr. Barbabella conduct “a comprehensive neuropsychological assessment of the President, including a formal cognitive screening instrument, and publicly release the results.”
Also, it asks him to provide “a detailed report on the President’s current mental and physical health status, including any medications he is currently taking and their potential,” and make himself available for a briefing under oath.
The White House wasted no time in responding, telling Courthouse News’ Benjamin S. Weiss: “Lightweight Jamie Raskin is a stupid person’s idea of a smart person.”
“President Trump’s sharpness, unmatched energy, and historic accessibility stand in stark contrast to what we saw during the past four years when Democrats like Raskin intentionally covered up Joe Biden’s serious mental and physical decline from the American people,” the White House added.
Image via Reuters
Ahead of diplomatic talks starting Saturday, President Donald Trump once again threatened Iran with violence as critics charge his tenuous cease-fire has fallen apart.
“As Vice President JD Vance was heading to Pakistan on Friday for peace talks with Iran, a senior Iranian official laid out new conditions for the negotiations, adding even more uncertainty about the durability of the cease-fire and whether the two sides could reach a long-term deal,” The New York Times reports, noting that President Trump “warned Tehran not to overplay its hand.”
“The Iranians don’t seem to realize they have no cards, other than a short term extortion of the World by using International Waterways,” the President wrote on Truth Social.
“The only reason they are alive today is to negotiate!” he declared.
His remarks seemed to echo his highly-criticized comments earlier this week:
“A whole civilization will die tonight, never to be brought back again. I don’t want that to happen, but it probably will.”
On April 1, Trump wrote, “we are blasting Iran into oblivion or, as they say, back to the Stone Ages!!!”
Some ridiculed the president.
“Completely controlling the Strait of Hormuz and charging ships a $2 million toll to pass through seem to be a couple of pretty good cards,” noted attorney Adam Cohen.
Reason’s Matthew Petti added, “You might say that Iran’s only cards are…a strait flush.”
Image via Reuters
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