Sends Speech to Right Wing Website
The Department of Justice has either ignored or refused requests from media outlets like Buzzfeed, and at least one progressive advocacy organization, People for the American Way, to hand over the text of a speech Attorney General Jeff Sessions delivered in California behind closed doors to a group that appears on the Southern Poverty Law Center’s list of active anti-gay hate groups.
The speech was given by Sessions to the Alliance Defending Freedom on Tuesday. It was published Thursday afernoon by The Federalist, a right wing conservative website. Buzzfeed’s Dominic Holden was the first to report Sessions would be delivering the speech. On Thursday Holden published his report on the speech, and via Twitter posted the Freedom of Information (FOIA) request he filed with the DOJ that was ignored.
“A person familiar with the situation tells me the Justice Dept DID provide Sessions’s remarks to The Federalist,” Holden reports. It’s unclear why the DOJ chose a small right wing website rather than share the text with all who requested it, or why it did not just post the text on its site as a matter of course.Â
Was Sessions or the DOJ concerned about its content? They have good reason to be.
The DOJ’s refusal to release the text of his remarks has highlighted the group’s extremism, causing some on the right to lambast the hate group label. But the SPLC is clear in the criteria they use to define hate groups, and among them is the repeated spreading of false statements in an effort to marginalize groups of people. The SPLC has produced a 949 word profile of the attacks on LGBT people made by the ADF.
All that said, now we have the text of the Attorney General’s speech, and much of it is of great concern.
Sessions talks about “the Western heritage of faith and reason,” and says, “I propose that in America our understanding of religious freedom can only be understood within that heritage.”
“Heritage” is a dog whistle term, especially concerning when people like Sessions – who has a long history of racist allegations tailing him – use it.
“So our freedom as citizens has always been inextricably linked with our religious freedom as a people,” Sessions says. But he does, surprisingly, add: “It has protected both the freedom to worship and the freedom not to believe as well.”
Sessions then laments, “the cultural climate has become less hospitable to people of faith and to religious belief. And in recent years, many Americans have felt that their freedom to practice their faith has been under attack. This feeling is understandable. Just last year, a Harvard Law professor publicly urged judges to ‘take aggressively liberal positions…The culture wars are over. They lost; we won…Taking a hard line is better than trying to accommodate the losers.'”
It’s clear in his speech that Sessions has taken sides, and is ill-prepared to see all Americans equally. His speech reveals an “us vs. them” approach, and as the nation’s chief law enforcement officer, that is chilling.
And he doubles down, in a very partisan manner.
“I believe that this recent election was significantly impacted by this concern and that this motivated many voters. President Trump made a promise that was heard. In substance, he said he respected people of faith and he promised to protect them in the free exercise of their faith. This promise was well received.”
And then, it comes.
“In all of this litigation and debate, this Department of Justice will never allow this secular government of ours to demand that sincere religious beliefs be abandoned,” Sessions says. “We will not require American citizens to give intellectual assent to doctrines that are contrary to their religious beliefs. And they must be allowed to exercise those beliefs as the First Amendment guarantees.”
“We will defend freedom of conscience resolutely. That is inalienable. That is our heritage.”
Heritage, again.
What does Sessions intend to do when a religious belief contradicts the law?
Well, here’s the answer, a very partisan support of Donald Trump.
“Since he was elected, President Trump has been an unwavering defender of religious liberty. He has promised that under a Trump Administration, ‘the federal government will never, ever penalize any person for their protected religious beliefs.’ And he is fulfilling that promise. First, President Trump appointed an outstanding Supreme Court justice with a track record of applying the law as written, Neil Gorsuch. I have confidence that he will be faithful to the full meaning of the First Amendment and protect the rights of all Americans.”
And then, what progressives, liberals, LGBT people, women, minorities, and many others should see as a warning. The elevation of the Religious Freedom Restoration Act (RFRA).
“The president has also directed me to issue guidance on how to apply federal religious liberty protections. The department is finalizing this guidance, and I will soon issue it.”
The guidance will also help agencies follow the Religious Freedom Restoration Act. Congress enacted RFRA so that, if the federal government imposes a burden on somebody’s religious practice, it had better have a compelling reason. That is a demanding standard, and it’s the law of the land. We will follow it just as faithfully as we follow every other federal law. If we’re going to ensure that religious liberty is adequately protected and our country remains free, then we must ensure that RFRA is followed.
Under this administration, religious Americans will be treated neither as an afterthought nor as a problem to be managed. The federal government will actively find ways to accommodate people of all faiths. The protections enshrined in the Constitution and our laws protect all Americans, including when we work together, speak in the public square, and when we interact with our government. We don’t waive our constitutional rights when we participate fully in public life and civic society.
This administration, and the upcoming guidance, will be animated by that same American view that has led us for 241 years: that every American has a right to believe, worship, and exercise their faith in the public square. It has served this country well, and it has made us not only one of the tolerant countries in the world, it has also helped make us the freeist and most generous. Thank you.
Consider this fair warning.Â
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