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.
Cranky Observer–
I am starting to wonder the same thing. Rove grossly underestimated the amount of money the
Democrats would raise when he laid out this campaign two years ago. I think we can definitely expect some negative tricks and meanness, but as far as having a pulse on the American people, I think Karen Hughes is more the person we should be watching out for. Has anyone else noticed that Bush has been better since she rejoined the campaign in earnest? She definitely has the emotional pulse of some of Bush’s base. Old stories here in Texas were of the rivalry between Hughes and Rove…wonder if they are true.
The Democrats just need to move quickly as these things arrive, or throw out some things of their own first, so that Bush is more on the defensive…
I think Rove’s recent appearances on talk shows, etc…shows that they are getting a little panicky.
We just need to keep working–fast and furious!
> We can be assured that Rove’s end game
> ground war will be ruthless, unethical, viscious and
> full-bore.
I have a harder and harder time accepting the “Rove as evil genius”, with the emphasis on genius, meme. As Markos has observed, Kerry managed to evaporate $200 million worth of pre-nomination spending in 90 minutes at the first debate. And if Rove has some genius-like October surprise he has exactly 16 days and ticking to pull it off, which isn’t much.
Cranky
Like Teresa, I’m a little concerned. After reading the NYT Bush profile by Suskind, I’m also fearful that this info from Rove could be a strategic sideways leak. There was some scary talk in that article about volumes of new registrations coming from churches, and a figure of 4 million adamantly pro-Bush evangelicals who WERE NOT registered in 2000.
We can be assured that Rove’s end game ground war will be ruthless, unethical, viscious and full-bore.
Let’s not let ourselves be lulled by ANY Kerry numbers’ strength into not giving our fullest GOTV effort — and then some.
I think the 4 point margin to protect against the expected uncommitted/independent break for the challenger makes great sense. It’s just logical given the well established pattern among late deciders.
We must be on the look-out for whatever Rove has in mind to get himself a 4 point margin in the next two weeks. Right now he is either tied or down a couple of points.
It seems clear that Rove needs an actual lead and an average turnout. My only question is, what day will the inevitable terror alert come out—-1, 2, or 3 days before the election? And will it specifically involve Ohio? This seems the most likely October surprise.
The question everybody needs to be asking is where is Bush going to get any NEW voters?? Remember he lost the populat vote in 2000 and there hasn’t been any announcements about any voting block that has changed their minds about him since 2000.. Its just not in the numbers and he know its.. I do believe, millions of republicans will crossover and vote for Kerry..
Sounds like classic Rove disinfo.
My read is the opposite: the Republican campaign on Kerry has sowed enough doubts in swing voters’ minds, that unless Kerry is at least 2 points ahead going into election day then he might well lose.
Also there is the Ralph Nader factor.
It seems to be coming down to Pennsylvania, Florida and Ohio. Of which Kerry seems to be closing the deal with PA, but losing OH and Fla. W. Virginia seems to already be gone.
WI is the other likely defector to the Bush camp: that remark about Lambert v. Lambeau field has cost Kerry big time with Green Bay fans, apparently (Kerry got it wrong).
I hope I am wrong, and I sense real disquiet about Bush amongst the (Republican) parents of my American friends (in London) but the world opinion is so solidly against Bush (except in Israel) that I think it blinds us to the reality.
I wait for Rove’s October Surprise, and expect it will be a doozy.
Does anyone know why http://www.pollingreport.com only reports the “likely voters” poll numbers on their website and not the “registered voters” poll numbers?
Dear Alan,
My first reaction was to this inside scoop that the Bush campaign believes it needs a 4 point lead going in was elation. My second was to suspect that that this was a rumor purposely placed by the Bush campaign. Mr. Rove is famous for this type of tactic. Please don’t let hope distract us from working our tails off for the next three weeks!
Ruy, very interesting comment from Rove.
Check this out…
Oct 17, 2004
John Kerry for President
http://www.nytimes.com/2004/10/17/opinion/17sun1.html?oref=login&pagewanted=1&hp
Voting for president is a leap of faith. A candidate can explain his positions in minute detail and wind up governing with a hostile Congress that refuses to let him deliver. A disaster can upend the best-laid plans. All citizens can do is mix guesswork and hope, examining what the candidates have done in the past, their apparent priorities and their general character. It’s on those three grounds that we enthusiastically endorse John Kerry for president.
Was it not Rove who, way back in 2000, raised eyebrows when he said that Bush would, “win in a walk”? What a difference four years make, eh?
That’s really not clear enough. If Bush has a 4 pt lead in the nat’l head to heads, but less than that in the swing states that give Kerry 270, then Bush won’t win.
Apparently Rove doesn’t want to talk about the “T” word (turnout) either. Consideriing the margins Bush had in 2000 in the last week, what he really needs is fairly consistent margins across polls, and possibly one of 5-8 points.
Question on polls.
The campaigns seem to have sharper, and perhaps different, polling results. I infer this from comments such as that which this post attributes to Karl Rove. It must mean that Rove/BC04 have a different idea of who the “likely voters” are than that of the nationally published pollsters.
Why is that so?