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.
Kerry will win by three. Now feel free to rest. 🙂
Well, you can try some of the meta-analysis sites out there. These analyze a bunch of polls through various means and try to estimate the outcome. I think you’ll be pleased with the results:
http://synapse.princeton.edu/~sam/pollcalc.html
http://binomial.csuhayward.edu/WeeklyStatus.html
http://arrowheadengineering.com/
http://www.econ.umn.edu/~amoro/Research/presprobs.html
based on all the polls and interperetations of the polls and increase in voter reg and GOTV efforts and %blacks for kerry and % cuban americans for bush….i was just wondering when someone will tell me how much kerry will win by.
frankly i am exhasuted and would like to take a long rest….any convincing predictions out there?
This is their online poll, and it should be noted that this results differs markedly from the telephone poll released just a few days ago. In the poll, using the same definition of likely voters, Bush was up 8 points. (With the less stringest definition, Bush was up 2 points). This is a big swing of 9 points, but one was telephone, one was internet.
Personally, I have more faith in their Internet polls.
chris matthews said today kerry had the wind at his back and if the wind is still blowing in kerry’s direction tomorow(thursday) kerry will win.
chris matthew called the election for bush exactly 7 days ago.
larry o’donnel spent 10 solid minutes calling swift boat john o’neil a “liar” on scarbourgh 2 nights ago.
not “misleading’ …he called him a “lair” about 37 times , and very loudly. hats off to o’donnel.
You wonder whether Bush in fact has superfluous solid red support, and whether the non-solid-red polls, which really matter, might show 2% more for Kerry.
Isn’t this LV definition the same one that gave Bush a 51-43 edge in the October 14-17 Harris Poll?
Whether this reflects a real shift or just the LV definition working better closer to the election is another question.
I think the BUSH trend is “YOU”RE FIRED.” I was out cnvassing for MOVE ON last night. I called in TEN strong Kerry Edwards voters for ten stops. These were all voters that were not likely to be sampled by any major polling system. There is a vast undercurrent of anger towards the current administration which I think is starting to head towards a crest.
With such a robust sample, you can see that Bush’s MoE puts his ceiling at 49%. His ceiling, mind you.
It does seem that Kerry is breaking a hair ahead in national horse races.
The Harris Poll is the most encouraging poll yet. Last week they ran the poll and offered two different LV scenarios – one with those who will definitely vote AND voted in 2000, and the other with those who will definitely vote but did NOT vote in 2000 (and were old enough). In the second scenario, without 2000 voters, Kerry trailed Bush by 2 (48-46). In the first scenario that excludes new voters Kerry trailed by 8 (51-43). However, in the Harris Poll just released, the LV model resembles the first scenario of the last poll. In other words, Kerry didn’t just increase from -2 to +1, he moved from -8 to +1! That is incredible, if it is true, and shows a huge closing among undecideds for Kerry. I can only imagine what the number is for the second scenario voters now.
Notice how the WSJ headline writers just can’t bring themselves to say that it’s Kerry who is ahead in the latest Harris poll. You have to read to the end of the second paragraph to get that info. Compare that with some recent headlines characterizing Bush’s 1-pt leads as “surges” or “grabs”. I know, it’s no called the SCLM for nothing.
Harris seems to be something that slips under the radar, but from what I’ve heard they’re pretty good.
a trend seems to be emerging, and it’s not good news for George Bush.
Harris is underrepresenting new voters. Their likely voter screen:
“Likely Voters are defined as adults who are registered to vote and say they are “absolutely certain” to vote and, if they were old enough, voted in 2000.”
So if you didn’t vote in 2000 (unregistered, unmotivated) you don’t get counted. I think this poll is even better for Kerry than it seems on the surface.
Is it wishful thinking, or am I detecting a trend here? Kerry is up in the following: Democracy Corps 2 pts, LA Times up 1 pt, Harris 1 pt, and ABC News/Washingto Post 2 pts. Gallop has Bush ahead by only 4 which, if their internals have the same problems, is probably a dead heat. I suspect (and hope) that Kerry is doing his famous closing, and I think the 380 tonnes of missing explosives will galvanize the fence-sitter into KE direction.