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.
Yes, Allan, character matters. That’s why it’s so galling to have this moral midget in the White House. This silly frat boy has not earned ONE thing on his own in his life. Oh, maybe his cheerleading slot, but I doubt that. He has had every string pulled for him to get him out of military service, to allow him to make money by running businesses into the ground, to gain the presidency by having his brother rig Florida and his Daddy’s buddies on the Supreme Court write him in on the most poorly reasoned SCOTUS decision since Dred Scott. He lies. He cheats. He steals from the poor to give to the rich. He wraps himself in the flag and Jesus in order to further the interests of his corporate cronies. PATHETIC! People like you are duped. Even more PATHETIC!
Worst. President. Ever.
Allan, Nick is right. Even if Bush wins reelection he’s a self-limiting disease. Democrats will take over the White House and Congress again, and we’ll once again have budget surpluses and start to pay down the national debt instead of doubling it like the village idiot we have in office now. And once again we’ll have someone in office who isn’t so obsessed with a country that was no threat to anyone outside of the Middle East (and as long as Iran was there to soak up Hussein’s attention he wasn’t much of a threat there either) that he’ll abandon our true enemy right before catching him to go off on a wild goose chase.
Maybe we’ll have a president who listens to people who actually know what they’re talking about instead of just people who tell him what he wants to hear. We sure as hell don’t have that now.
Allan: The difference has always seemed to me that conservatives equate ‘character’ with sex; liberals equate it with ‘public character,’ for lack of a better term. Yeah Clinton lied about sex … but that was between him and Hillary, in my view. Bush lied about war, the most solemn and seriious responsibility a President has. Big difference. And as far as the polls go, survey 5-10 percent more Republicans, you get a Republican lead. Survey numbers more indicative of actual turnout — 4-8 percent more Dems in the last three Presidential elections — and you’ll get the Democrat in the lead.
Your making my argument for me Nick. What your saying is what all democrats were saying back then, character doasn’t matter. There are more things in life then money Nick. Clinton did next to nothing about terrorism even though all the signs we blaring back in his terms. Good debate though.
Hey Allan — But during Clinton’s time, you could comfort yourself with the knowledge of huge budget surpluses, a growing economy, no disastrous war and the fact Administration knew Al-Qaeda was the major threat…
Jim, at least we live in a country where we can have these kind of debates. Now you know how most Republicans felt for eight years when Bubba was in office. It doesn’t feel good does it? Oh and by the way, there’s a new NY Times/CBS poll out that shows Bush up nine.
Oh, the previous data was courtesy of mydd.com, who obtained it from theleftcoaster.com who got it from Gallup.
Get people to the polls, and President Kerry will happen.
Guess what that nasty Gallup poll shows:
“Kerry leads Bush by ten points among independents who are registered to vote, 51-41.”
Stunning.
I’ll take more bad news like that.
And I like my jazz rough.
Nearly 50% of PA voters say that Bush’s moral values are closely aligned with theirs. I think I’m gonna move to another state.
It’s so frustrating to read that people think W is tougher on terror than Kerry. As I recall…now, maybe I’m wrong…but I believe 9/11 occurred during the Bush administration.
Leadership? Well, if you consider lying to people to persuade them to be leadership, then I guess Bush is your man. Bush had led 1,000 Americans to their deaths.
Sometimes I find it hard to believe that I inhabit the same country (and state) with so many nitwits. How anyone…ANYONE…can vote for W is completely beyond me. Grrrrr!