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.
You’re cherrypicking polls in Minnesota. Yes, the Star Tribune poll showed Kerry up by nine points, but a Pioneer Press poll also released today showed Bush up by a point, 48-47. Here’s the link (must register):
http://www.twincities.com/mld/twincities/news/politics/10058538.htm
Don’t know which is right but the Star Tribune poll has overestimated Democratic support in recent elections.
On MPR,
Minnesota Poll calls it for Kerry
Mason Dixon calls it close….
I think Kerry will ultimately win in MN but I anticiapte a long night
I’m from North Dakota….a supposedly solid red state…but the wolf commercial is running here—both on radio and TV. Seems like a waste of money to spend in a traditional red state with few electoral votes????? Makes me wonder what their polls are showing.
The selection of that commercial also seems bizarre….this is a rural gun state and we aren’t afraid of wildlife or trees.
Another note: Listening to sunday morning services on TV (from Aberdeen, Tom Daschel’s hometown) they were saying things like “I won’t say it’s a sin not to vote, but it is a Christian responsibility). More bizarro world. This isn’t an evangelical area. It’s religious, but established religion.
If Virginia goes for Kerry, the race is over. I don’t think it will so I discount that particular poll. I live in New Hampshire, where in the latest Concord Monitor poll, Kerry leads 49-46. However the Monitor is skewered left with it’s opinion pieces, so I call it to close to call. The battleground states will be New Hampshire, Iowa, Minnesota, Pennsylvania, Wisconsin, Ohio, Florida and Michigan. Kerry will have to win Ohio, Michigan, Pennsylvania, and Minnesota to get in if Bush wins the rest. My final electoral vote gives Kerry 280, Bush 258. However, I can see Bush getting as much as 290 votes if some states break his way. Bottom line, it is WAY TO CLOSE TO CALL. Have your rolaids at the ready and get on board for the ride. It’s going to be either a fun ride if you candidate wins, or a total bummer if he loses.
These numbers are making me feel better. The Osama tape made me wonder which way people would go. It seems to me the public should begin to realize if Bush can’t protect us from the flu, how can he protect us from terrorists.
I also wonder how people wil feel when they hear that Osama believed only the first plane would be successful. Many possibly died because Bush sat in a chair looking like a deer in the headlights.
VA has 3 groups who have lost out under Bush:
1) Techies who lost jobs under 2001 recession and failed to get jobs to due to outsourcing 2003-4.
2) Federal workers-who are under the threat of privitazation which is French for getting fired.
3) Military and ex-military types-they are angry at the are in Iraq.
Tennessee going Kerry??
from diarist at dkos
Huge Early Vote Numbers to support anecdotal analysis, concluding a small 29000 vote margin in favor of Kerry –
http://www.dailykos.com/story/2004/10/30/45946/384
worth some independent verification