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.
Kerry’s op-ed on Iraq in today’s Washington Post is at:
http://www.washingtonpost.com/wp-dyn/articles/A6753-2004Apr12.html
I agree that Kerry should lay low. All these bad things that are happening to Bush are Bush’s own fault, and there is no way the worst of it can get better for him. However bad Iraq looks now, it will get worse. Furthermore, Bush is so irresponsible that, whenever new facts are discovered about his conduct, they will always be bad.
What you do not want is for John Kerry’s name, voice, or face to be associated with the bad Bush stuff. Let those things stick to Bush.
Sometimes I don’t understand how people can come up with certain ads. For instance, there is this attack ad of Bush’s that has a bunch of goofy talk about John Kerry and taxes or something. What sticks with me about that ad is how upbeat it sounds. I don’t care what they are saying, I just associate “John Kerry” and the upbeat tone. Wouldn’t it be nice if Bush would run upbeat “John Kerry” ads right up to Election Day!
We really do not want to see Kerry juxtapose himself with mayhem in Iraq or an irresponsible and frankly criminal White House.
I certainly agree with Kerry laying back right now, talking economics and jobs and raising money. The “Free Media” is working to discredit Bush on his strengths — War President and Anti-Terrorist — and what Kerry needs to do is be prepared to sell his case to those who are open to retiring Bush after they have been convinced by non-partisian information that a new President is in order. It’s a two step thing — first, strong questioning of Bush’s effectiveness, and then movement toward the alternative. Kerry needs to save his energy and assets for the right time to make the sale and close the deal with Independent voters.
The methodology behind the Rasmussen polls is, I gather, pretty unconventional, since, apparently, it involves robo-calling. Other things being equal, I’d give more weight to the conventional (and more expensive) polls.
On the other hand, I’m not sure why the Rasmussen polls should not be measuring genuine movements within whatever subset of the American population their methodology actually selects. On still another hand, I’ve certainly seen a number of cases in which Rasmussen goes one way, and conventional polls another, even on the same days.
RE: “And the latest Newsweek poll, conducted April 8-9, has Kerry ahead by 7 (50-43).”
You should qualify your statement, that these particular numbers are the projected result in a head-to-head matchup, and in the absence of a Ralph Nader candidacy.
When Nader’s candidacy is factored into the equation, Kerry leads the Newsweek poll, 46% to 42%.
Okay, so let me get this straight: Iraq is becoming a quagmire of immense military, political, economic proportions, AND in terms of lives lost. The actions of Mr. bush prior to 9/11 define the word mis-management.
How can he be moving UP in the polls?
I say that the dems need to draft Richard Clarke as their nominee.
Ruy Teixeira really needs to explain why he is so positive with Newsweek,CBS, and other polls and does not even mention Rasmuusen. Rasmuusen seems the most legit because it has a large sample (1600) and is of likely voters as opposed to registered voters or adults.
Help me understand Ruy!!
Yes, but . . . if the strategy of letting Bush self-destruct all by himself is working so well, then why are the two men essentially even in the polls? I know that it’s still early, but if this is how Bush looks during a BAD stretch, what is he going to look like after his campaign succeeds in defining Kerry as a waffling, tax-supporting, Jane Fonda-loving Massachusetts liberal? Because that’s what they doing with those ads. And I’m just not seeing a very urgent response by the Kerry people to (1) counter those images, and (2) keep the pressure on Bush. Complacency with this incredibly ruthless crowd is a mistake.
My suggestion being, I’d like you to consider reading the text for a “state of the union” address that I believe is imperative for this country of ours. To get to it, all you need do is click on the below enclosed U.R.L
http://www.bcvoice.com/modules.php?name=News&file=article&sid=205
By the way, the proprietors of the http://www.BCVoice.com website have provided a couple ways for you to leave your comments.
Plus, the media isn’t focusing that much on Kerry right now anyway, so he should wait until Sept. for some really hard hitting speeches.
I agree with FranklyO. I think Kerry needs to let events take Bush down while he promotes his positive alternative. A couple weeks before the election when a critical mass of voters have become critical or doubtful will be the time to have some hard hitting ads. And them the ads should be Buish’s words . For example an ad built around him laughing about the nonexistant WMDs or an ad quoting from Woodward’s book.
Kerry is doing the right thing for the right time, right now. The Bush admin is in a self detruct – death spiral mode and Mr. Kerry is taking full advantage by staying out of the way. Doesn’t cost him a penny, and every time they open their mouths to gasp for air, they get weaker and weaker.
Hey if the oponent is knocking himself out why waste your energy (and limited funds) trying to achieve what he is going to acheive on his own.
Kerry has been too cautious in the past two weeks. Bush is vulnerable right now, and Kerry needs to be attacking at the same time he’s unveiling his major policies. Let’s not forgot that Bush/Cheney is running lot and lots of negative ads in key states, taking full advantage of their current, substantial advantage in funds raised. Thus, while Bush is other respects seems to be reeling from the situation in Iraq, the 9/11 hearings, and the still-weak economy, he and his people are hammering Kerry on TV. And history shows that negative ads are very effective, particularly when the opposing candidates is not yet well-known among the general electorate (remember the Alamo and Mike Dukakis).
Kerry is back to trailing in Rasmussen. Condi has made America go back to loving and fearing Bush, as has the continued turmoil in Iraq. Bush is still the favorite, by a wide margin.
So Debra,
This means then that the next ARG and Newsweek polls are likely to show Bush ahead? More and more I’m getting the feeling that Texeira’s analysis has a lot of pro-Dem spin, rather than objective analysis that would help Dems make mid-course corrections.
Dan O.: “Does the DNC and Kerry campaign have a major ORGANIZED EFFORT to register voters and to get out the vote?”
I’m sure there’s an effort. It’s the “organized” bit that, at least for the moment, I have my doubts.
These results track the Rasmussen Daily polls for the dates they were condutced. April 8-9 for Newsweek Kerry was ahead: April 6-9 for ARG Kerry had the largest lead over Bush on April 7th.
The results mesh.
Independents will probably wait until the debates to decide. Democrats and Republicans have already made up their minds. If you look at the data, Independents are more critical of Bush than that of the national average, especially w/ Iraq related things. Kerry should do well w/ Independents, and we should see that in the home stretch. A Kerry-Edwards ticket would ice it, considering how well Edwards did w/ Independents and Republicans in the primaries (ex. Wisconsin). Edwards could also help out in West Virginia.
As for the electoral college, if you have a lead in the popular vote by about 5%, it will be virtually impossible to lose the electoral college. The popular vote and the electoral college were both virtual ties in 2000. In fact, looking at the 1948, 1960, and 1976 elections, the winner of the popular vote won by a humble margin, while he won the electoral college by quite a bit.
I’m not yet convinced of a Kerry lead. There’s the Rasmussen poll, and his numbers among independents in the ARG poll are statistically even with Bush’s. His lead comes from having (at least apparently for now) solid backing among Democrats, whereas Bush’s numbers have softened a bit among Repugs. Bush will, in the end, carry more than 90% of Republicans who turn out, and if Kerry is going to have a chance he needs at least a five point margin among Independents. So far, that ain’t happening.
I agree with the other posters. Until Bush is defeated and is safely back in Crawford, TX, we cannot rest on our laurels. We need to be ahead by 20-plus percentage points or until the electoral college votes him out in December of 2004. We cannot relax until a new president is sworn in!
Individual State polls can better indicate any important trends.
However, actual votes that are COUNTED in each State will determine the election.
Does the DNC and Kerry campaign have a major ORGANIZED EFFORT to register voters and to get out the vote?
Remember you can alway vote using absentee ballot, but you need to request a absentee ballot early!
You will also note that these polls are of either registered voter or just “adults”. That makes them not much less useful than a poll of “likely voters” or one that performs an analysis electorally. I know it is more expensive but I would much rather see polls generally show electoral spreads, not popularity spreads. We all know too well from 2000 that the popular vote means little if the electoral battle is lost.
But how does this translate into electoral votes? If all the lead is in New York or California or Massachusetts, it does little good.
I think Kerry is ahead also but Rasmuusen Reports, which had Kerry ahead earlier in the week on their daily tracking poll now has Bush ahead by 3 because they say Ms. Condoleeza’s testimony went over well with the American Public. Also, a recent poll on Florida by Mason-Dixon has Bush ahead there by 51-43. Help me I’m confused!