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.
Sorry, the link didn’t work. Here’s the URL for the Globe article. (Also in the url field below – click on my name).
http://www.boston.com/news/globe/ideas/articles/2004/09/05/poll/
I meant to post this earlier, but this is a better place for it. The Economist and Zogby are examples of internet polling, which has been criticized by some. But this article in the Boston Globe seems to suggest that internet polling is the way of the future. Very interesting.
Excerpt:
Most political pollsters regard online polling as an inherently unreliable way to measure public opinion. For one thing, they say, only between two-thirds and three-quarters of Americans have Internet access. Internet polling “starts out ignoring one of the fundamentals of scientific survey research, which is that everybody in the population under study needs to have a chance to fall under the sample,” says Nancy Belden, president of the National Association for Public Opinion Research. Says Frank Newport, editor-in-chief of Gallup, “We at Gallup do not believe you can generalize to the general population using Internet samplings.”
But results, say the believers, speak for themselves. Three years before the California poll, a Harris online poll outperformed most of its telephone rivals in predicting almost exactly the outcome of the 2000 presidential election. And in Britain, online polling outfit YouGov has in four years gone from startup to one of the country’s most prominent polling organizations. (The firm’s first US poll, which began running in The Economist in July, currently shows George W. Bush and John Kerry in a dead heat.)
As Bush awaits the news on his post-convention bounce, 2004 is shaping up to be a pivotal year for the online polling industry. In the United States several major publications, including the Wall Street Journal, are experimenting with online polls. If Internet-based pollsters match their earlier success, or if beleaguered telephone pollsters misjudge the closely fought presidential race, some say, this year could be the beginning of the end for traditional polling.
But that’s NOT the headline my local paper – the Hartford Courant is trumpeting – we are getting “Bush Takes Big Lead” – from the WP poll. Hidden in the article is the important info on battleground stats. (Of course another article talks about fund raising efforts for our disgraced ex-Governor) And Ct is suposedly Kerry territory…
Great news.
I’m going to plant this here, because it relates to the polls, the Economist, London oil speculators, and what we have been discussing here the past week.
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I read something online at democrats.com today which raised a good point regarding oil:
What is with the conflicting reports of oversupply, undersupply, etc.?
One day we have a report that there will be plenty of oil, then the next, shortages of US reserves. The current US reserves are lower than they have been in 6 months, and this is cause for concern, which creates an uptick in demand for oil, resulting in a slight increase in price.
Why are there all these competing headlines?
Think of the world’s oil interests as 527s that have a stake in the election. They are getting their stories out, and each has some side to pitch. The Saudis are clearly delivering on their promise to help Bush at election time as a reward for helping Saudis, including the bin Ladens, leave on September 13th, 2001, but they can only increase short term production so much, and that can be offset by either speculators who buy more product, or producing countries which reduce production short term.
Is this part of a Bush plan?
Yes. The speculators who sold off Monday were Saudis (and probably connected groups) who were delivering exactly when requested by Bush. The post convention poll play by the right and the Saudi oil promise were both intended to steamroll Kerry. The past 7 days they’ve been trying to deliver a knockout punch to Kerry. The polls, the Monday speculators selling off to drop oil for the Tuesday opening bell, the Tuesday Saudi announcement to further drive price concerns down, the Fox pep rally on Monday exhorting Wall Street it should be UP – all orchestrated to create an illusion of stampede for Bush.
Fox News was pushing the polls and their expectations of a good market reaction big time. Looking back at this past 7 days, we can say that media manipulation is an epidemic to which Fox is merely Typhoid Mary.
What about the other countries and other stakeholders?
Everyone has a stake in this election, and the oil consuming and producing worlds are most interested. Perception drives market price, and speculation is adding to the cost of a barrel of crude. The Iraq instability is also adding to the price. Energy supplies must be viewed as a stream, like a huge river flowing through the country. If the snow in the mountains is less in winter, we know we’re in for a hard spring and summer. Likewise, when there are saboteurs in Iraq and other places targeting oil production facilities, it raises the prospect of interruption.
Where is the price of oil going?
The current price barrel of oil is at least $8-12 a barrel higher than it should be, and the difference is speculation driven by fear of interruption due to terror and/or the war in Iraq and the instability it portends. If Bush gets a second term, oil will go up, up, up. If Kerry wins, it is coming down.
How can I say that?
Because the average price of a barrel of oil for the four years prior to 2004 was barely $28 a barrel. See here http://www.eia.doe.gov/emeu/cabs/chron.html While demand is definitely contributing to the increase in price this year, much of the current price is directly related to the Bush debacle in Iraq.
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Later troops. I have things to do, but I want this out here for whoever needs it and can use it.