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.
We have seen extreme views on the importance of the “moral values” response to an Exit Poll question. At first it was touted as the main explanation for Bush’s victory. Then the question itself was blasted as poorly framed and practically worthless.
In fact, the question was a useful one for identifying a large and important component of Bush supporters, though it probably did not make the difference between 2000 and 2004, which was largely due to Bush’s connection to 9/11 and fighting terrorism.
But criticisms of the question as invalid miss the mark. It not only showed a large difference between Bush and Kerry voters in the main exit poll, but it did so in a comparison of open and closed questions in a Pew post-election poll, so the original finding was not just a function of question wording. Moreover, the claim that “moral values” was not an issue like the others asked about is incorrect. Was “terrorism” really an issue on which the two candidates differed? Hardly. What the choice of “terrorism” by Bush voters indicated was their view of character: Bush as a strong leader, just as moral values also was taken to indicate character, Bush as a faith-based President. Neither response was an “issue” in the sense that taxes was an issue.
Competing in terms of “moral values” will be important for a future Democratic candidate.
We have seen extreme views on the importance of the “moral values” response to an Exit Poll question. At first it was touted as the main explanation for Bush’s victory. Then the question itself was blasted as poorly framed and practically worthless.
In fact, the question was a useful one for identifying a large and important component of Bush supporters, though it probably did not make the difference between 2000 and 2004, which was largely due to Bush’s connection to 9/11 and fighting terrorism.
But criticisms of the question as invalid miss the mark. It not only showed a large difference between Bush and Kerry voters in the main exit poll, but it did so in a comparison of open and closed questions in a Pew post-election poll, so the original finding was not just a function of question wording. Moreover, the claim that “moral values” was not an issue like the others asked about is incorrect. Was “terrorism” really an issue on which the two candidates differed? Hardly. What the choice of “terrorism” by Bush voters indicated was their view of character: Bush as a strong leader, just as moral values also was taken to indicate character, Bush as a faith-based President. Neither response was an “issue” in the sense that taxes was an issue.
Competing in terms of “moral values” will be important for a future Democratic candidate.
The point about the moral values issue is NOT that it led to a wholesale win by Bush. Rather, the issue motivated people to come out who would not have come out otherwise. Remember, the election was close. A small increase in turnout was all that was needed.
If it motivated an additional 20,000-30,000 to come out, that would be important.
Martin – One answer to your lead-off question is that the largest demographic gain for Bush over his 2000 count was white women. He added about 4 million white women voters to his 2004 popular vote total, which is one way to explain his margin of victory. Other recent studies suggest that these were mostly married women. It would be interesting to know the class breakdown of these women and to get some idea of the issues that motivated them.
I second Mark Fine’s request. Tell us, if it wan’t the Jesusland people who put Bush into office, what crazies did so?
I admire and respect Ruy’s statistical analyses, but I think maybe the Democrats have gone a little overboard in looking at statistics. The same set of statistics can yield a dozen sets of conclusions.
I believe the definitive study that needs to be done will ask a lot of people these questions to gain some valuable qualitative data: did you hear Kerry’s message, did you understand his message, did you believe his message, and if you did all this, was that message or was it not important to you? Why or why not?
I simply cannot understand how rational people could vote for a man who has not really done anything to reduce tensions (he has played upon them and, if anything, increased them), improved the economy, brought any noticeable compassion to his task as he said he would, or been the “unifier” he said he would be.
Does this mean about 50% of the electorate is NOT rational? The explanation of the evangelical and theocon votes going to Bush, blocs that are not necessarily rational or pragmatic, made for a very pat explanation. If not that, then what was it?
Get that study going, somebody.
I think that the backlash against the moral values thesis has been too extreme. “Moral values” is ambiguous, of course, but the fact of the matter is that President Bush received 80% of the votes of the 22% who said that moral values was their most important issue. That suggests that a sizable number of voters interpreted moral values as meaning gay marriage, abortion, etc.