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.
While Gallup is finding Bush comfortably ahead of Kerry in Wisconsin, Sen Russ Feingold (D-WI) is ahead by more than 20 over his GOP challenger. I know we’re famous for ticket-splitting, but it’s not very likely that we’d go overwhelmingly for a liberal like Feingold AND go for Bush. Gallup is no longer worthy of reading or reporting.
Dana, you speak of the love that I dare not speak its name – the SWEEP.
I hope it is coming, and I agree with your logic.
I’ve been telling anyone who will listen we are going to win by 5 million votes.
I hope we have enough to take back the House. We have to stop those crazy rightwingers by rooting out their nest.
The intensity on both sides is intense. I doubt that there will be a Democratic majority in either the House or the Senate.
But the intensity on the side of the Democrats is a good thing. The Republicans have had good turnout for years, but not the Democrats. I’m hoping that there will be some surprises on Nov 2nd.
Excerpt from James Mann, Rise of the Vulcans:
“We have decided that we’ll try Rumsfeld working with Gallup. He went to school with George [Gallup] Jr. at Princeton,” Colson told the president in July 1971. Nixon and Colson were eager to try to influence the results of major pollsters, notably Gallup and Harris, perhaps getting them to phrase their questions or to present their results in ways that were helpful to Nixon. “I mean, if the figures aren’t up there, we don’t want them to lie about it,” Nixon explained to Colson at one point. “They can trim them a little one way or another.” [Note 40: Nixon phone call to Colson, July 23, 1971, conversation 6-197, Nixon tape collection, National Archives.] …
RUMSFELD: Say, I want to just report, sir, about my conversation with George Gallup [Jr.].
NIXON: Oh yeah, you went to school with him, didn’t you?
RUMSFELD: I did. And I kind of want to be awful careful about telling people around the building that I’m talking to him. Because all he’s got in his business is his integrity.
Rumsfeld then informed Nixon an upcoming Gallup Poll would show that the president’s popularity had recently gone up. [Note 41: Nixon conversation with Rumsfeld, October 19, 1971, conversation 11-135, Nixon tape collection, National Archives.]
http://www.ufppc.org/index.php?option=content&task=view&id=759&Itemid=2
Okay, call me paranoid, but maybe Gallup is deliberately”gaming its polls to give cover to the Republicans who appear to be doing their dead-level best to steal the election in Florida and in Ohio. If Bush “miraculously” pulls ahead by four or five points on election day, the media will simply point to these convenient Gall-up polls, announce Bush would have won anyways—look at those Gallup polls–tell Democrats that they should just Get Over It.
I’m predicting a Kerry victory—I think just too many Democrats will show up in the polls for the GOP to scare off or intimidate or spin away. And I also predict that Gall-up won’t be short of clients. CNN will continue to buy their services. Or (worst-case scenario) Gall-up will lose a few media contracts, but be more than compensated by all the new right-wing think tank business.
Question: Has any pollster come up with a methology for correlating the intensity of support for a candidate or party with final results?
In 1994 polls showed a fairly close Congressional election, but there was great intensity among Republicans (remember the “revenge of the white men?”) and they won Congress.
In 1986, however, there was greater intensity among Democrats, something not found in polls, and you had some huge upsets, like Wyche Fowler in Georgia.
My own guess on intensity shows it off the charts on the Democratic side, slightly elevated on the Republican. This points toward a huge Democratic swing, absolute control of Congress and a landslide for Kerry.
But I’m not a statistician, and I don’t know how you could measure it with a poll.
Any thoughts?
The Bushites are scared. Bush visited WI again today. Even the Rep that was on NPR admitted that WI appears to be trending towards Kerry Edwards.
Isn’t the best evidence that this is total horse—– the fact that Bush is campaigning frenetically in these states. I would have thought that 9% would mean going somewhere really close.
CNN & USA Today must fire Gallup
If this election proves that the Gallup methodology is flawed and their flaws show a tilt to one side then we should compell CNN & USA Today to fire Gallup. Recently CNN interviewed Gallup and asked him about the poll discrepencies…his answer was that their LV model was better. When asked about the ‘bandwagon effect’ (do polls effect how people view the candidates and do they become a Self-fulfilling Prophecy Frank actually said “would that be a bad thing?..people should factor polls into their decisions”.
Therefore if they turn out to be ‘idiots’ we should immediately do to CNN & USA Today what we did to Sinclair and force them to drop Gallup
Ok, it’s only a week before the elction and my paranoia is running rampant. Could it be that the Gallup poll is providing cover for rampant electronic voting fraud?
Happy Halloween!
Kilroy
Gallup is really walking the plank on this election. But a lot of the blame rests on CNN and USATODAY for spreading the baloney poll results around and paying Gallup a lot of $. An important goal is to try to get CNN and USATODAY to dissociate themselves from Gallup. It’s impossible for this election, but possible for the future.
Actually they will look like geniuses or SHILLS. I don’t think there’s a lot of doubt about which, but we’ll know in a week.
Read The Vulcans. There is chapter about Rumsfeld’s rise during the Nixon Administration. One of his duties during Dick’s re-election was to game the Gallup brothers. While Rummie wouldn’t get the Gallup poll to lie, he would get advance warning of the poll’s findings.
Seems this year, he is getting the Gallup poll to lie.
Their huge pro-GOP sample bias in Florida certainly speaks for itself. However, what about the latest Gallup poll for Ohio, which was released a day after their latest Wisconsin poll:
http://www.usatoday.com/news/politicselections/nation/polls/2004-10-21-ohio-poll.htm
It showed Kerry up 48-47 among LVs, and a startling 50-44 Kerry lead among RVs! Huh? Most Ohio polls are looking pretty good for Kerry, but 50-44? Isn’t that a bit much?