August 5: The Pro-Choice Religious Liberty Argument
Always on the lookout for a new wrinkle on ancient battles, I drew attention to a recent legal development at New York:
Though the constitutional law of “religious liberty” is a murky field, we are all accustomed to hearing anguished claims from conservative Christians that laws requiring them to provide or pay for reproductive-health services or treat LGBTQ employees and customers equally are an unacceptable violation of their beliefs. Now that the Supreme Court has struck down the federal right to an abortion, it’s clearer than ever that the Christian right and its Republican allies are aiming to construct a system where they are free to live their values as they wish, regardless of the impact on others.
But as a new lawsuit in Florida shows, what’s good for the conservative goose may also be good for the progressive gander. A group of religious officials are arguing in state court that the new anti-abortion law enacted this year by Florida Republicans violates their right to religious expression. The Washington Post reports:
“Seven Florida clergy members — two Christians, three Jews, one Unitarian Universalist and a Buddhist … argue in separate lawsuits filed Monday that their ability to live and practice their religious faith is being violated by the state’s new, post-Roe abortion law. The law, which is one of the strictest in the country, making no exceptions for rape or incest, was signed in April by Gov. Ron DeSantis (R), in a Pentecostal church alongside antiabortion lawmakers such as the House speaker, who called life ‘a gift from God.’”
The plaintiffs in these suits most definitely want to rebut the idea that forced birth is the only authentically “religious” perspective on abortion services. After all, as United Church of Christ minister Laurie Hafner explains, the anti-abortion cause has little biblical sanction:
“Jesus says nothing about abortion. He talks about loving your neighbor and living abundantly and fully. He says: ‘I come that you might have full life.’ Does that mean for a 10-year-old to bear the child of her molester? That you cut your life short because you aren’t able to rid your body of a fetus?”
The legal theory in the lawsuits focuses specifically on the counseling of pregnant people and their families that clergy engage in routinely, and that under the new Florida law may be treated as the illegal aiding and abetting of criminal acts. Hafner’s suit alleges that this violates both federal and state constitutional rights, along with Florida’s version of the Religious Freedom Restoration Act (a 1993 federal “religious liberty” law):
“The dramatic change in abortion rights in Florida has caused confusion and fear among clergy and pregnant girls and women particularly in light of the criminal penalties attached. Given her general duties and work as a Pastor, Plaintiff intends to engage in counseling regarding abortion beyond the narrow limits of HB 5 and, therefore, risks incarceration and financial penalties.”
It’s unclear how this argument will fare in the courts. Conservative judges may stipulate that anti-abortion laws impinge on religious-liberty rights that are nonetheless outweighed by the state’s “compelling interest” in fetal life. But at least, for once, the judiciary and the public will have to come to grips with the fact that many millions of pro-choice religious Americans passionately oppose what is happening to our country in the name of “life.” During the run-up to this week’s resounding “no” vote on a constitutional amendment removing any hint of abortion rights in the state’s constitution, a Presbyterian Church in Kansas displayed a sign that read, “Jesus trusted women. So do we.” This was likely an allusion to the “Trust Women” motto of the famous Kansas abortion provider Dr. George Tiller, who in 2009 was assassinated in the foyer of the church in which he was serving as an usher. His legacy lives on in houses of worship and now in the courts.
Anaylsis of state by state can be found at http://www.mydd.com and at the polling report. Too close to call.
To understand the political attitudes of College Students at any given time, it is useful to remember they have very little knowledge of political history beyond their own political awakening during their teen years. Like it or not, that is their frame of reference. For those in college today, the dominant images would be Clinton’s second term with the Impeachment mess, followed by the Florida Election mess and then 911. There is little in any of that likely to turn them toward fairly progressive political ideas, or even introduce them into the mix. For those of us who are older — and remember things like Vietnam or Civil Rights or even Watergate — we have to pinch ourselves and remember that the vast majority of today’s college students only know those events as part of political history through some films, perhaps a fes pages in a text book, or maybe listening to a few conversations with their parents generation. Most have no knowledge of these things at all, because they are not really represented in the popular culture in which they have lived their lives. They will poll accordingly until something brings them up short, and they make an effort to acquire a broader frame of reference that includes at least some history they did not personally experience. Aah yes, there are exceptions — but the vast majority of undergraduate students are profoundly a-historical, and always have been.
the polls probably are only polling about 20 people per average size state. you can find seperate state-wide polls though.
yes, i agree. does anyone know where such a national poll may be (w/ state-by-state info.).
Can somebody do a state-by-state analysis (with current polling data) to show how the electoral college will pan out if the election were held tomorrow?
The shift is unboubtadly thanks to Mr. Kerry. Kudos to him.
Have a look at the results–there’s a link at the end of Ruy’s essay. 78% of the respondents are White. 30% of those who say they’re Republicans cite their family upbringing as the main reason, and 65% of all respondents say their parents’ total household income in 2003 was over $50,000. Perhaps most significant of all, 33% of the respondents are freshmen, and 23% are sophomores, so the sample is skewed heavily toward students who are under 21. They are the people who haven’t seen this movie before–the big deficits, social reactionaryism, and militarism of Republican administrations.
My guess is this:
Financial aid at colleges has been getting shittier and shittier, and the proportion of working, and even lower middle, class, people who go to them has been decreasing, even at state universities. This means that the people at 4-year colleges are closer and closer to Bush’s ‘base’ among the wealthy.
Not to say that most college age people are right wing now, because they aren’t. But as someone who spent 4 years at college, and then two at grad school, all at the same university (I finished my Masters quite recently) I saw the student body change from majority left and left-of centre to majority apolitical, with the left and right having about equal visibility on campus. And I went to school in Massachusetts. I can only imagine what it’s like in the rest of the country
I had no idea Bush support among college students was previously so high. That’s just bizarre to me – very counterintuitive. Why do you think that was?