Pick Wayne's Brain

July 6, 2015

How The Right Gets Religious Freedom Wrong – Still

It appears the Conservatives still don’t understand how religious freedom works, even if their State legislatures do. They definitely don’t understand how the Constitution works. Or how Executive Orders work. Even when they lose at the Supreme Court level, the way our Founding Fathers intended legal disputes to be resolved once and for all (it’s exactly what they said, in slightly different wording), they decide their right to freely practice their religion says they don’t have to obey the Constitution of the United States of America, because they are Americans, and they have Religious Freedom, just like the people who amended the Constitution said. Pay no attention to what the later people amended the Constitution to say, such as Equality Under the Law for everyone and Birthright Citizenship, the direct taxation of income from whatever source derived, the direct election of Senators by the People, the right of women to vote, and term limits on the President. Those are Amendments Conservatives have openly stated they would like to see repealed. Because they just won’t accept losing. I consider it one of their mental defects. (I have plenty of my own, as people who personally know me would be quickly paid to list.) But for a party that traditionally boasted their desire for Law and Order: SCU (Skull Cracking Unit) style life to prevail, they show an astonishing, almost pathological, intent to never be ruled by the laws they say the rest of us must follow.

Proving for anyone wishing to check that he has never read Article III of the Constitution, The Incredible Huck (I never believe a word he says) wrote an op-ed for Fox News Dot Com claiming he would not surrender to judicial tyranny, but you will surrender to his tyranny. He began by mischaracterizing the recent SCOTUS ruling on marriage equality thusly:

America didn’t fight a revolution against the tyranny of one unelected monarch so we could surrender our religious liberty to the tyranny of five unelected lawyers.

You mean like when your side told us to sit down and shut up about the Bush v. Gore ruling, the one where five unelected lawyers told the state of Florida to ignore the Constitution and not continue re-counting the votes because the result might harm the petitioner’s ability to claim victory (the petitioner being Bush and the likely winner of the recount Gore), which meant that if the recount was allowed to continue and it showed that Gore won, Bush would have a harder time claiming victory. That is exactly what they said. And THEN they said that, oh yeah, this decision can never be used as precedent for any future decision ever. Talk about judicial tyranny. How was this marriage equality decision like Bush v. Gore? His second sentence proved his ignorance of the concept of Separation of Church and State.

The Supreme Court is not the Supreme Being, and the Court can no more repeal the laws of nature and nature’s God on marriage than they can the laws of gravity.

There is a great body of scientific experiment that tends to support the Theory of Gravity as being valid. There is nothing which shows that your idea of the “laws of nature and nature’s God on marriage” exist anywhere but in your religious texts. Nor are any of us constitutionally required to live according to your religious texts. That’s what my religious freedom means. And I have never once heard you argue so vociferously against the marriage of divorced people or pregnant women, just gay people. I seriously question how sincere a religious belief this is, and not simply one of ignorant bigotry. But in case you thought Huck understood Article III, he continued

Last Friday’s same-sex marriage decision by the Court, which rejected the will of people in over 30 states, is an out-of-control act of unconstitutional judicial tyranny.

Actually, the other decision I mentioned was an out-of-control act of unconstitutional judicial tyranny. The Marriage Equality decision striking down the unconstitutional will of people in 30 states (because you don’t vote on rights) was exactly what they were created to do. To strike down laws that go too far, that violate the Constitution (of which the 14th Amendment is still a part). But then, Marbury v. Madison was another decision they didn’t like. And so, in traditional Conservative opposite-speak, The Incredible Huck vows to light a match to the Constitution by ignoring it.

While some cowardly politicians will wave the white flag and surrender to the false god of judicial supremacy, I refuse to light a match to our Constitution. We must resist and reject judicial tyranny, not retreat.

Except, Huck, when the Supreme Court rules, it’s over. But you won’t let a little thing like the Constitution get in your way, will you? No, you’re just going to get around it by issuing the biggest, baddest tool of Executive Tyranny you have – the Executive Order. You think that as President, you have the authority to tell everyone working for the federal government that they don’t have to obey a Supreme Court decision. That is a far cry from issuing an EO that tells the Administration how it will carry out a law passed by Congress, which is the purpose and properly constitutional function of an EO. If a President feels a law passed by Congress is unconstitutional, he can fight that law all the way to the Supremes. But if they rule against him, he has no choice. He MUST follow the law. He (or She) can’t just tell the Administration that the oath he took to faithfully carry out the office of President allowed him to ignore the law. Nixon tried that approach and look where it got him. Dead. Okay, it had nothing to do with his death, but he did die Disgraced.

Another Conservative who is either illiterate or stupid intellectually challenged is Texas Attorney General Bill Ken Paxton. He believes that the Federal Constitutionally Mandated oath to support and defend the United States Constitution does not supersede his state's Religious Freedom Restoration Act, and that clerks in his state do not have to issue marriage licenses to a particular couple if it violates their religious beliefs. And he would be wrong on both counts. Not only must they all obey the Supremes' decisions, but Texas is one of those states that passed a RFRA that actually says you can’t deny someone their civil rights and use the RFRA as an excuse. Which means Bill Ken Paxton was wrong when he told his state’s clerks they didn’t have to issue licenses to “those” people because the RFRA said so, because the RFRA said the exact opposite.

What the Bill Ken Paxton’s of the world keep ignoring was the original intent of the federal RFRA. It was passed after the Supremes said Native Americans couldn’t use peyote in their thousand-year-old rituals if the federal law says nobody can use it. They thought they were being fair to everyone by saying that the law didn’t allow for any religious exemptions, so nobody could claim one. Except nobody, I mean nobody, seriously meant for federal anti-peyote laws to apply to people who appeared to be responsibly using it for millennia. So they passed the national RFRA to protect the right of Native Americans to practice their religious rituals. And nobody, and I mean nobody, intended for the law to be used to protect someone’s right to violate another person’s civil rights. And the first few state level RFRA’s were similar to the federal law. But that began to change in recent years, and Conservative Christians began using RFRA’s to claim the right to deny their services to gay couples on the grounds that it violated their religious beliefs to in any way support an attempt by gay people to get married. Never mind that the part they were being asked to play may have had nothing at all to do with the marriage itself (though some may), or that it seemed to be the only thing they refused to do on religious grounds. There are plenty of other people in both Lev 18 & Lev 20 (the source of the Conservative Christian Contempt for Teh Gay) that you’re told to treat just as harshly (be it banishment or stoning) but that you refuse to treat so. Are your religious beliefs only that strong when it comes to gay people? You have no problem selling a bridal gown to a pregnant woman? You have no problem selling wedding rings to a divorced woman? You only have a problem selling a cake to a couple of guys who want to celebrate the marriage ceremony they just finished with a party for their friends. I have a seriously hard time believing your wish to discriminate against gays has anything whatsoever to do with your religious beliefs, and everyone to do with your ignorant bigoted ones. So don’t ever lie to us again and claim your religious freedom is being threatened, because it’s not. As some of you know, I live in New York State (to my first-time visitors, How ya doin’?), and when we passed our Marriage Equality Act, we allowed churches and clergy to refuse to marry same-sex couples. I’m pretty sure even more conservative states would have fiercely insisted on having such an exemption in their laws, too. And rightly so.

And nobody’s, I mean nobody’s, religious freedom is being denied in any way. Only their hate.

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