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The Religious Right Operative Who Helped Write Utah’s Nondiscrimination Law

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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.”

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 freedom”—has been curtailed.

 

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

[1] Same-Sex Marriage and Religious Liberty: Emerging Conflicts. Lanham: Rowman and Littlefield Publishers, 2008.

 

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‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

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April 29, 2024

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South Dakota Republican Governor Kristi Noem‘s bragging about dragging her 14-month old puppy into a gravel pit and shooting her to death because she “hated” the dog is likely the end of her political career, right-wing pundits are now saying.

On Friday when The Guardian broke the news in a preview of Noem’s upcoming book, outrage on the left was immediate, but outrage on the right trickled in, then increased. Even with Noem doubling down, declaring her killing of the puppy (and a goat that same day, same way) happened 20 years ago, people on the right are expressing anger.

A Democratic pollster says 81% of Americans oppose Noem killing her puppy, The Guardian later reported.

“After learning about Gov. Noem’s actions, only 14% consider her to be a good choice for vice president on the Republican ticket. By a 2:1 margin, even Republicans say the governor would not be a good choice (42% vs. 21%),” the pollster, New River Strategies, stated.

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

Noem’s book, “No Going Back,” to be released May 7, has a number one ranking at Amazon. Publisher Center Street, a Hachette Book Group imprint, also publishes other right-wing politicians including Ben Carson, Newt Gingrich, and Vivek Ramaswamy. Endorsing the book are other right-wingers, including Donald Trump, Fox News’ Rachel Campos-Duffy, athlete and anti-trans activist Riley Gaines, and anti-LGBTQ extremist group creator Chaya Raichik of Libs of TikTok.

On Monday, as Mediaite reported, two Fox News pundits had had it.

Jason Chaffetz, a former GOP Congressman, said, “she just destroyed her political career. I don’t think there’s anybody on any side of the aisle, any human being that thinks it’s acceptable to go to a gravel pit and shoot a dog in the face and kill it when it’s 14 months old. That’s. I mean, that’s just hideous. So she’s done politically, and I’m a friend of hers. I served with her, but politically, there’s no recovering from this.”

Fox News media analyst Joe Concha said, “as a dog owner my whole life,” the story of Noem shooting her dog “absolutely makes my blood boil.”

RELATED: Noem Defends Shooting Her 14-Month Old Puppy to Death, Brags She Has Media ‘Gasping’

“How utterly heartless do you have to be to shoot a 14-month-old dog in the face? Because look, if it wasn’t doing its job on the farm, or is attacking chicken or people, okay, you’re a public figure, or at least you have a platform in some way, shape, or form. Even if you’re a private citizen, you very easily could have posted somewhere, ‘I’m putting my dog up for adoption because maybe it’s not working out here on the ranch,’ and I can guarantee you many people would have raised their hand to take that dog in,” Concha said, adding, “she just destroyed any chance she had of being Donald Trump’s vice president, if she had any chance at all. There’s no going back from this.”

Right wing talk show host Megyn Kelly said Trump is “too smart” to “pick somebody who’s managed to do the impossible and unite Democrats and Republicans alike in their anger for this woman who shot her puppy in the face.”

At the right wing National Review, Jeffrey Blehar writes: “Let’s Get a Warrant for Kristi Noem’s Backyard.”

“I guess I just don’t like people who boast about shooting puppies,” Blehar adds on social media. “And goats. And horses. And who knows what else, until cops have done an aerial scan of the property and gotten a backhoe out to excavate the suspicious piles of dirt.”

 

 

 

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Far Right Media Outlet Retracts ‘False’ Story About Michael Cohen and Stormy Daniels

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April 29, 2024

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A far-right pro-Trump streaming media outlet has retracted what it now states was a “false” story alleging former Trump personal attorney Michael Cohen and adult film star Stormy Daniels had a sexual relationship for years and engaged in an “extortion” conspiracy plot against the ex-president.

The statement and apology from One America News Network (OAN) comes just one day before the New York criminal trial of Donald Trump is set to begin its third week. Cohen is one of Manhattan District Attorney Alvin Bragg’s top witnesses in the case. Defense attorneys are expected to try to attack Cohen’s credibility.

“OAN today has retracted its March 27 article entitled ‘Whistleblower: Avenatti Alleged Cohen­ Daniels Affair Since 2006, Pre-2016 Trump Extortion Plan,’ and is taking it down from all sites and removing it from all social media. This retraction is part of a settlement reached with Michael Cohen. Mr. Avenatti has denied making the allegations. OAN apologizes to Mr. Cohen for any harm the publication may have caused him,” a statement on OAN’s website reads.

It then states in all-caps: “NO PERSON SHOULD RELY ON THE MARCH 27 ARTICLE OR THE ALLEGATIONS CONTAINED THEREIN.”

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

“The article, quoting a source, falsely claimed that Mr. Cohen and Ms. Daniels ‘were having an affair since 2006’ and that, according to a source, ‘the whole hush money scheme was cooked up by [Mr. Cohen] to extort the Trump Organization before the 2016 election.’ These statements were false. OAN regrets their publication.”

The New York Times reports there are “no monetary damages,” and adds one of Cohen’s attorneys, “Justin Nelson, had represented Dominion Voting Systems in a suit against Fox News that cost that network $787.5 million to settle. Mr. Nelson worked with Mr. Cohen’s longtime lawyer, Danya Perry, in what was a remarkably quick about-face by OAN.”

Danya Perry, also one of Cohen’s attorneys in this case, declared the settlement was “a total vindication for Mr. Cohen — and a warning: Mr. Cohen is telling the truth, and there will be legal consequences for those who lie about him.”

“Mr. Trump has repeatedly attacked Mr. Cohen,” The Times adds, “despite a gag order issued by the judge overseeing the case, Juan M. Merchan, barring him from attacking witnesses and others. Justice Merchan is currently weighing whether Mr. Trump is in contempt of the gag order as a result of that invective.”

READ MORE: Noem Doubles Down With ‘Legal Cover’ For Shooting Her Puppy to Death

“In particular, Mr. Trump has attacked Mr. Cohen’s credibility, which will also be how Mr. Trump’s lawyers approach his former fixer during trial. The story by OAN, which has been a consistent booster of Mr. Trump’s political agenda, bolstered that strategy.”

Cohen called it, “The first apology in a long line of lies about me by media outlets.”

Professor of law, MSNBC legal analyst, and former FBI General Counsel Andrew Weissmann called the settlement a “big win” for the attorneys and Cohen.

 

 

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Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

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5 hours ago

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April 29, 2024

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Attorneys for Hunter Biden have notified Fox News he plans to sue the right-wing cable TV network and its digital entities, after lawyers for the President’s son spent more than a year investigating. Among other issues the letter reportedly mentions Fox News citing a now-indicted former FBI informant, and points to “revenge porn” laws.

The letter, NBC News reports, is dated last week and specifically points to alleged bribery allegations as well as “Fox’s airing of ‘intimate images’ belonging to Hunter Biden that his lawyers claim were ‘hacked, stolen, and/or manipulated’,” that they say violate “Biden’s civil rights as well as copyright law.”

CNN, focusing in the intimate images, reports that “Hunter Biden is demanding that Fox News remove from its platforms sexually explicit images that President Joe Biden’s son says are private, according to a letter obtained by CNN, as part of his strategy to publicly fight back against conservative media.”

“The media outlet aired a mock trial of Hunter Biden on the streaming platform Fox Nation in 2022,” CNN also reports, “focused on the unproven bribery allegations, and published ‘intimate images of Mr. Biden depicting him in the nude as well as engaged in sex acts,’ according to the letter, which demands that Fox immediately remove the series from all streaming platforms.”

READ MORE: Noem Doubles Down With ‘Legal Cover’ For Shooting Her Puppy to Death

“’FOX knows that these private and confidential images were hacked, stolen, and/or manipulated digital material,’ Hunter Biden’s attorneys wrote in the letter, which contained several of the explicit images, some of which were blurred,” CNN adds. “Publishing these images, the attorneys said, violated ‘the majority of states’ laws against the nonconsensual disclosure of sexually explicit images and videos, sometimes referred to as ‘revenge porn’ laws.’ ”

In a statement Hunter Biden’s attorney, Mark Geragos, expanded on the apparently pending lawsuit.

“For the last five years, Fox News has relentlessly attacked Hunter Biden and made him a caricature in order to boost ratings and for its financial gain,” Geragos stated. “The recent indictment of FBI informant Smirnov has exposed the conspiracy of disinformation that has been fueled by Fox, enabled by their paid agents and monetized by the Fox enterprise. We plan on holding them accountable.”

Media Matters last week reported, “Fox News has mentioned Hunter Biden at least 13,440 times since January 3, 2023, when Republicans took control of the House of Representatives after promising to use their power to investigate the business interests of President Joe Biden’s son, according to a Media Matters review.”

“Fox’s on-air coverage of Hunter Biden has … plummeted in recent months,” Media Matters added. “Mentions of the president’s son on the network peaked at 2,356 in July, when his federal plea deal on two misdemeanor counts of failing to pay taxes fell apart, and mentions exceeded 1,300 in four other months, most recently in December.”

READ MORE: Peter Navarro’s Latest Attempt to Get Out of Jail Smacked Down by SCOTUS

Watch CNN’s report below or at this link.

 

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