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.
The last 2 polls in NJ prior to this show a 5-8 point lead for Kerry in NJ. Q* is showing a 3 point lead for Kerry, whereas they earlier had it a tie, so Kerry has picke dup 3 points.
There are plenty of reasons to believe NJ will be closer than in 2000. But Gore won by 16 points. Kerry can give up half of that and still win.
SJ — nice work desparetly spinning.
Rawls posted an interesting Missouri poll from surveyusa.com.
In looking at it, there’s an interesting data point; on page 9 of 25 of the doc, it indicates that voters who identify themselves as Military/Veterans (I couldn’t find anyhting in this doc that elaborated on how they asked about that category) the two candidates were 48-48.
It’s only a data point, but if connected with others, it might suggest the interesting conclusion that Veterans/Military are less subject to the smaears on Kerry’s record than the non-veterans/military identifiers.
I dunno about you Smooth, but every poll I’ve seen from NJ shows Kerry ahead by 8-10 points.
Frankly, I feel sorry that you fell for Bush’s “blue feint.” Last time it was CA, this time NJ. This is a classic Bush tactic. Like when he campaigned (for governor) in strongly Democrat El Paso, but lost El Paso County anyhow.
> If Kerry is barely tied in NJ, he is NOT tied nationally.
The operative word being “if.”
Hi Ruy,
Just thought I’d bring this to the attention of your board: We’re still in it in Missouri.
I wish the Kerry / Edwards campaign would come to Missouri instead of writing us off. Its a neck and neck race here and we could use some coattails.
http://www.surveyusa.com/2004_Elections/MO041005wpresvgovysenx.pdf
A bit more detail:
Coldeye gives the “nearest integer” figure from Rasmussen’s homepage. The “daily snapshot” in the Premium Members’ area has a Bush lead of 0.3%, down from 0.9 yesterday; but in the 16 Batleground States Kerry is actually up by 1.5.
RV: 48% Kerry and 45% for Bush ?
LV: 47% Kerry and 46% Bush?
That does not sound like a tie to me. It sounds like a slim lead. But I am no polling or statistics expert.
I understand it is difficult for Republicans to face the fact that Kerry is improving in the polls as the Quinnipiac Poll points out.
Smooth-
I’m sorry, New Jersey has just as much a chance of going for Bush as Georgia does for Kerry. There’s no chance it will happen.
Also, Rasmussen also has the race finally tied again. It remains to be seen whether Kerry will regain the lead in that poll as well.
Today’s Rasmussen tracking poll has Kerry pulling into a tie with Bush for the first time since the Repub convention.
Bush’s approval rating declined significantly as did his ratings on the economy and Iraq.
Oh well, Here we go again: The Mass/NH based ARG poll with the obligatory Kerry “lead”. Read my bytes: If Kerry is barely tied in NJ, he is NOT tied nationally. To Wit:
http://www.quinnipiac.edu/x11375.xml
(Note: Click on the Oct 6 link)
Quinnipiac University
Oct 6, 2004
Polling Results
October 6, 2004 – Debate Gives Kerry 3-Point Edge In New Jersey, Quinnipiac University Poll Finds; But Voters Say Bush Acts More Like A Leader
Democratic challenger John Kerry has moved into a very narrow 49 – 46 percent lead over President George W. Bush among New Jersey likely voters, with 2 percent for independent candidate Ralph Nader, according to a Quinnipiac University poll released today.
This compares to a 48 – 48 percent Bush-Kerry tie among likely voters, with 2 percent for Nader, in a September 21 poll by the independent Quinnipiac (KWIN-uh-pe- ack) University.
Among registered voters backing President Bush, 82 percent say they are voting more for the President. Among Kerry supporters, 42 percent say they are voting more for the Democrat while 52 percent say they are voting more against Bush.