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.
Ruy has to highlight those polls which are flawed or else people will simply hang onto them as truth and become deflated… he is doing the right thiing…
A Democratic Pollsters’s Response
It’s tough to cut through the spin at this stage of the election cycle. But, in the spirit of at least trying, check out Mark Blumenthal’s — a respected democratic pollster — analysis of Gallup and MoveOn.org on his very new (and excellent, by the way) blog.
Check it out:
http://mysterypollster.typepad.com/main/2004/09/moveon_vs_gallu.html
Rory
“The ad is terrific – it looks good, it reads well, and the numbers are damning. But while I’m no friend or sympathizer to the Christian Right, it’s possible that part of the story about that ad (and the news flurry about MoveOn and other 527s will continue) will be the mocking tone of the final paragraphs’ description of George Gallup, Jr’s Christian bent. It’ll be too easy for many to dismiss it as more “godless liberals” – and speaking as one, I’m tired of being dismissed.”
That’s exactly what happened on O’Reilly’s show last night. No talk of the actual ad, just the attack in the last two paragraphs. Moveon should have been a little more careful.
what are the implications of the fact that Gallup gets to choose the questioners at the 2nd (town hall) debate, according to the debate agreement posted on c-span?
MoveON made the right decision bringing this to the attention of major newspapers and mass circulation to reach the most readers — even if the NYT audience might be more educated and liberal than most swing voters.
But I can’t help but notice the emphasis of Ruy’s analysis has changed dramatically. IN the summer, Ruy would point to the internals and show the framework of issues and voter perceptions that could lead to pro-Kerry matchups by November. This was important for encouragement when Bush was radically arrogant, incompetent, or intolerant in his actions as POTUS — done in our name with our money– or worse, when he seemed to be getting away with his frauds and on the verge of four more hellish years. This was also important background for strategizing — not just at national and statewide levels, but also among key demographics, and also at the precinct level (organizing) and individual level (debates among aquanitances, letters to the editor, talking points).
I think DonkeyRising should return to elucidating what the internals of good polls say, rather than focus our energy on polls that are so clearly flawed.
There’s only six weeks left! The race may swing on the undecideds. We need to know who they are, what their issues are, and how they can be convinced that Bush is Wrong and Kerry can help to stop the bleeding and turn America on the right path again.
Folks: volunteer — your local campaigns and party HQs need you.
Pundits: what are the internals saying — the story being the sea of numbers? These armies of volunteers need to know what buttons to push!
The ad is terrific – it looks good, it reads well, and the numbers are damning. But while I’m no friend or sympathizer to the Christian Right, it’s possible that part of the story about that ad (and the news flurry about MoveOn and other 527s will continue) will be the mocking tone of the final paragraphs’ description of George Gallup, Jr’s Christian bent. It’ll be too easy for many to dismiss it as more “godless liberals” – and speaking as one, I’m tired of being dismissed.
Surely there’s a way for MoveOn to get the point across without sticking its foot in its mouth this way; they have the upper hand logically and ethically, but when “God, gays and guns” are wedge issues, they’re just widening the wedge.
The latest IDB poll shows a dead heat for both LV’s and RV’s. But Gallup is now reporting a 8 PT lead for LV’s and a whopping 11 point lead for RV’s! All in a three way race with Nader.
Look, it cannot just be the LV model in this case!!! The RV’s are even more out of whack than the LV’s in Gallup.
Have they thrown all caution to the wind? After all, who knows what commandments Gallup Jr. has received from On High with regard to the closing months of this race?
This is where I am afraid we democrats go wrong.
Harris, Fox News (RVs), and the latest IBD/CSM polls all have Kerry up. If the shoe was on the other foot and only 2 or 3 polls showed Bush up the republicans would be out in force, with a straight face, loudly crying that not only were these few polls right, but that they under represented Bush’s actual lead, and that all the rest of the polls were biased.
The democrats need to take a page from that book. Forget saying Kerry is only about 3 points down as Moveon has done. He is UP for crying out loud! Where is our swagger?
Ruy,
Karen Tumulty on Lou Dobbs Tonight called you, and people like you, a liar. She said your analysis doesn’t matter because you are only looking into the polling process because you don’t like the results.
I think you should write her and let her know what you think.
Just a thought….
Thanks for the link to Moveon.org for that story.
On target, and no doubt influenced by Ruy’s good work.
Has this website made any predictions about the electoral outcome? Percentage vote for each candidate, etc?? Thank you.
Good for MoveOn! More needs to be done. Kerry campaign spokespersons need to trumpet the mesage of Gallup’s sell-out on the cable and network outlets every chance they get.
People need to write in to USA Today and to CNN, both of whom, I understand commission polls from Gallup and then attach their logos to them, and let them know that Americans are on to their game of shilling for Bush.
Of course they will play up their polls. Its all about the competition of the media market place. If this is allowed to go on unchecked, this convergence of partisan interest with giant media companies using polling companies to tilt elections, then our democracy is truly in mortal danger.
Wow, that ad is incredible! I’ve heard Gallup’s numbers regurgitated too many times on the nightly news. Perhaps if you expose the “juggernaut” as being full of hot air, the people will believe the “juggernaut” is full of hot air, and then vote accordingly.
All this time while EDM was debunking the numbers I was wondering how to anyone could get the truth out. Thank you Move On!