“It’s the first time that our court has said that a closely held corporation has the rights of a person when it comes to religious freedom,” she said during a Q&A at the Aspen Ideas Festival. “I find it deeply disturbing that we are going in that direction.”
“It’s very troubling that a sales clerk at Hobby Lobby who needs contraception, which is pretty expensive, is not going to get that service through her employer’s health care plan because her employer doesn’t believe she should use birth control,” she continued.
Thursday Reads: The Most Vile, Repugnant People In the World …
Posted: July 30, 2015 Filed under: morning reads, religion, religious extremists, Reproductive Health, Reproductive Rights, Women's Healthcare, Women's Rights 21 Comments
Good Afternoon!
Religion-based bullies are always the worst of the worst when it comes to meanness because they have that extra self-righteousness about them that infers they can never be wrong even when everything they say and do pretty much violates every tenant you’ve ever come to understand about their religion. This behavior is as old as religions themselves. I mean, who really are better bullies than any of the gods? The Greek gods excelled at it. The Abrahamic god not only has corned the market but has followers that basically travel from land to land and culture to culture just to act out on hapless indigenous people.
My first real experience happened in high school in the choir room when two upper class boys decided I needed a lesson in the humility they believe was shown by Jesus. Of course this was just old fashioned misogyny which is really one of the oldest tricks in the bullying books written by those following the entire Iron Age myth of the Abrahamic god. Believe me, I was traumatized by being held down for a period of time and shouted at on the choir risers about basically being an uppity woman who really needs to understand what jeebus wants her to do. Women aren’t allowed to be too talented, too smart, too pretty, and not passive enough. I’ve really just started talking about this craziness around 40 odd years after the fact. I had no idea what to make of it or do about it as a teenage girl who had to deal with these guys daily.
When any one asks me what one thing I would eliminate in the world if I could I answer quite quickly. It would be religion.
My second experience was, of course, my lesson in what neighbors are really about when I ran for office as a pro-choice Republican. Nothing, believe me nothing stands up to what fetus festishists can do. Lying and bullying are rituals for them. The day I started getting messages on the answering machine telling me where my small children had been and what abortion “procedure” they’d perform on them was the day I decided I wanted to leave that state and NEVER go back. I’d stack the lot of these Fetus Fetishists up against ISIS. They’re actually worse because most of them have the benefit of an education, a job, and life in a first world country. We are resplendent in religious bullies these days. From Bibi Netanyahu, to Mike Huckabee, Bobby Jindal, Rick Santorum and just about every dude in the Government of Saudi Arabia. I could probably just spend a post of thousands of words listing them all.
So, I’m going to start with a story out of Alabama where a prisoner has been basically bullied into carrying a pregnancy to term. It starts out with the State seeking to
end the parental rights of the pregnant woman. These multiple attempts confusing fried chicken with scrambled eggs always concern me.
The state of Alabama is petitioning a court to strip a pregnant prisoner of parental rights in order to prevent her from obtaining an abortion.
Lauderdale County District Attorney Chris Connolly said Wednesday the woman won’t have legal standing to seek an abortion if a court takes away her parental rights.
The woman has already asked a federal judge to order the county to let her have an abortion. A ruling is expected Friday. Her lawyer says any decision by a federal judge would trump any decision by the court in Lauderdale County.
The head of the Alabama State Bar Association’s family law section calls the state’s request “absurd.”
The woman has now dropped her bid to get an abortion. I have no doubt that she was coerced into serving as an incubator.
An Alabama prisoner who went to federal court seeking an abortion filed a court document Wednesday saying she’d changed her mind and wanted to give birth, after the state had sought to prevent her from undergoing the procedure.
The sworn statement, filed on behalf of a woman identified only as Jane Doe, didn’t say whether the state’s action resulted in the change of heart. In the document, the woman said she made the decision on her own without any “undue influence, duress, or threat of harm.”
“After much consideration and counsel, I … have decided that I no longer desire to pursue an abortion procedure and intend to carry the unborn child to full term and birth,” she said in the statement.
The document was filed by Maurice McCaney, an attorney appointed to represent the woman in juvenile court, where the state had petitioned court authorities to strip the pregnant prisoner of parental rights in order to prevent her from obtaining an abortion.
McCaney didn’t immediately return a message seeking comment. Neither did Randall Marshall, an American Civil Liberties Union lawyer who represented the woman in the federal lawsuit seeking an abortion.
The Lauderdale County prisoner had originally filed a federal lawsuit last week against a local sheriff, seeking a court order that would clear the way for an abortion. A federal judge had said he would rule by Friday on her request.
In the meantime, the state had sought to terminate her parental rights over the unborn child.
Lauderdale County District Attorney Chris Connolly recently said the prisoner in question would be stripped of her legal standing to seek an abortion if the court took away her parental rights. Connolly said via email that he filed the request on the state’s behalf.
The woman, who filed suit July 20 against Sheriff Rick Singleton, said in the earlier court documents that she was unable to obtain an abortion before going to jail, and denying her one violates her constitutional rights. Court papers do not say why the woman is in custody or provide any personal information about her, but Connolly said she is an adult. A court-appointed attorney was named to act as guardian for the fetus.
The woman, who is in her first trimester of pregnancy, had at the time urged a federal judge to order the county to let her leave jail to have an abortion that she planned to pay for privately. Her ACLU attorney, Marshall, had said a federal court ruling in favor of the woman would trump an attempt by the state to stop her from having the procedure.
This amounts to forced servitude. But of course, who argued more briskly for the rights of southerners to own slaves but the same group of religious fanatics. These are the same yahoos that are threatening to shut down the government–yet again–over funding of Planned Parenthood. The basis is the highly deceptive video put out showing the process of fetal tissue donation has triggered the outrage in the ignorant again. The worst outcry is, of course, the old dudes who are insisting the gawd told them to run for President of the world’s oldest secular democracy.
Calling next week’s Senate roll call to defund Planned Parenthood a “legislative show vote,” GOP firebrand Ted Cruz said Republicans should do everything they can to eliminate federal money for the group — even if it means a government shutdown fight this fall.
He’s not alone. On Wednesday afternoon, 18 House Republicans told leadership that they “cannot and will not support any funding resolution … that contains any funding for Planned Parenthood.” Meanwhile, GOP social conservatives like Sens. James Lankford of Oklahoma and Jeff Sessions of Alabama said they’d consider supporting an effort to attach a spending rider that would eliminate Planned Parenthood’s $528 million in annual government funding to must-pass spending legislation this fall.
It’s a potentially ominous sign for GOP leaders desperate to avoid another shutdown debacle. While Cruz may be radioactive in the Senate GOP conference after calling his leader a liar, his analysis of next week’s vote has merit: With Democrats vowing to block the measure, Majority Leader Mitch McConnell (R-Ky.) won’t be able to get the 60 votes he needs to advance the bill next week, a result that likely won’t satisfy a conservative base itching for confrontation over abortion.
In a Wednesday interview, Cruz said the GOP should go as hard as it can to block funding for Planned Parenthood, including the same strategy he tried to use to defund Obamacare in 2013: force the issue by blocking funding in a government spending bill that must pass by Sept. 30.
Asked whether he would support such a maneuver again, Cruz replied: “I would support any and all legislative efforts to defund Planned Parenthood. We do not need a legislative show-vote.”
On the other side of the Capitol, Rep. Mick Mulvaney (R-S.C.) said dozens of House Republicans will back his effort to oppose any spending bill — whether a continuing resolution stopgap or longer-term funding package — that includes any money for Planned Parenthood.
“This is one of those line-in-the-sand type of issues,” Mulvaney said Wednesday. “Every time we say we don’t want to spend money on something, the answer is it will provoke a shutdown.”
Mitch McConnell is already in the process of setting the vote date. He’s actually fast tracked the vote.
Cecile Richards took to the Op-Ed pages of WAPO to call these freaks out.
The most recent attacks in this decades-long campaign represent a new low.
These extremists created a fake business, made apparently misleadingcorporate filings and then used false government identifications to gain access to Planned Parenthood’s medical and research staff with the agenda of secretly filming without consent — then heavily edited the footage to make false and absurd assertions about our standards and services. They spent three years doing everything they could — not to uncover wrongdoing, but rather to create it. They failed.
While predictably these videos do not show anything illegal on Planned Parenthood’s part, medical and scientific conversations can be upsetting to hear, and I immediately apologized for the tone that was used, which did not reflect the compassion that people have come to know and expect from Planned Parenthood.
While our opponents have been working to create scandal and panic where none exists, doctors and nurses at Planned Parenthood health centers have continued to provide the lowest price std testing in orange county and care to thousands of women, men and young people every day — contraception, cancer screenings, testing and treatment for sexually transmitted infections (STIs), and safe and legal abortion.
Control of women is central to the dictums of oppressive religions and a way of justifying violence and violations of women’s autonomy and humanity. Patriarchal religions–throwbacks to the Iron Age–still support some of the worst inhumane practices imaginable all over the world. The United States is no exception.
Last month, 13-year-old Izabel Laxamana put on a sports bra and some leggings, took a picture, and sent it to a boy at school. Soon, administrators at Tacoma, Washington’s Giaudrone Middle School, where Izzy was poised to finish her seventh-grade year, heard about the picture. Izzy’s parents were called. As Tacoma police would later report to the News Tribune, the Laxamanas expressed concern that their daughter had been sending selfies of any kind. They had warned her against using social media. If she disobeyed, they had told her, they’d cut off her hair.
Back at home, Izzy’s father, Jeff, made good on the threat. On May 27, he cut her hair to her shoulders, leaving just one long strand untouched. Then, he started filming. His camera panned from Izzy’s downcast face to the heap of glossy black strands at her feet. “The consequences of getting messed up. Man, you lost all that beautiful hair,” her father said. “Was it worth it?”
“No,” Izzy replied softly.
The next morning at school, staff members helped weave Izzy’s hair into a French braid in an attempt to hide the damage. But a new humiliating social media artifact—her father’s video—was now being passed from phone to phone. School administrators heard about that, too. This time, they called child protective services. School counselors were dispatched to aid Izzy. The next day, just before school let out, Izzy wrote eight notes on her iPod to family and friends, passed the device to a friend, headed to a bridge over the highway that separated the school from the mall, and jumped. She died in the hospital the next day.
Women and children are still subjected to laws and legal treatment that assign them chattel status. This happens with the explicit consent of many religions and
religious. Granted, not all religious people and their practice of beliefs fall under this purview. But, when one of two governing parties falls under the sway of a cult, it’s women and children who pay the price. Think about this again. The State of Alabama argued that their right to crawl inside the body of a woman in the first trimester of a pregnancy and run around a constitutional right happened just this month. The Republicans in Congress have been on a jihad against what stands as the sole provider of women’s health services in many states. They’re not defunding abortions. They did that with the Hyde amendment. What they want to defund is access cancer screenings, birth control and basic health care.
I can’t even start in on the impact this nonsense has had on every GLBT American whose lives are riddled with religious bullying continually.
Here’s an example today from Israel that’s pretty vile. Six people were stabbed by an Orthodox Jewish man during a gay pride parade.
A homosexual-hating Orthodox Jew stabbed six marchers Thursday at Jerusalem’s annual gay pride parade before he was wrestled to the ground.
Yishai Schlissel, who had recently been released from prison for stabbing several people at a gay pride parade in 2005, attacked without warning as the marchers were going through the Jewish side of the divided city, police spokeswoman Luba Samri said.
Dressed in a dark suit, Schlissel stabbed several people in the back as cheers turned to screams and blood spattered on the street.
“I saw an ultra-Orthodox youth stabbing everyone in his way,” witness Shai Aviyor told Israel’s Channel 2 television. “We heard people screaming, everyone ran for cover, and there were bloodied people on the ground.”
While medics rushed in to take care of the wounded, police officers on horseback corralled the bearded suspect before he could do more harm, Samri said.
That’s the problem. Every day I read yet another instance where some one insists their pet superstition should rule the rest of us AND there’s an entire major political party just willing to let them have at the rest of us in this country. One of the strangest things I always here when people start Muslim bashing is the question of where are the “moderate” Muslims? Why aren’t they condemning these radicals? Well, the same could be said of the moderates practicing any religion. Standing up to the folks who use religious beliefs to bully and hurt other people is as much the duty of a believer as it is to the victims of those believers.
The State of Alabama probably won its case by letting this woman known that her life was theirs one way or another so she might as well give up her constitutional rights and act like a good little sperm vessel.
What’s on your reading and blogging list today?
Monday Reads: News Exhaustion Edition
Posted: July 21, 2014 Filed under: Gaza, Middle East, morning reads, religious extremists, Reproductive Health, Reproductive Rights, Russia 27 CommentsGood Morning!
We’re going to have to see what I come up with today because I openly admit to being extremely tired. We’ve had all this rain recently and it’s dark and gloomy all the time. Yesterday, it was so hard and heavy that the French Quarter flooded. So, here are a few things to consider before I head back to bed for awhile.
The Boston Globe features an article arguing that Southern Blacks and Hispanics will eventually trump angry, resentful, and backward white Republican voters in the South. If only. The analysis is by Bob Moser. The demographics have to be playing into white backlash which make the South the epicenter of voter suppression laws but it’s also a place where voter turnout is highly irregular.
The question is whether Democrats in these states are better served by following the region’s five-decade-long drift toward the GOP — or by betting that the climate is finally changing in their favor.
It’s a sign of things to come in states like North Carolina, where large influxes of Latino immigrants and “relocated Yankees,” both black and white, are tilting the demographic balance toward the Democrats and inspiring a new progressive movement. But despite Obama’s own surprising Southern breakthroughs — after Al Gore and John Kerry lost the entire region, he won three large Southern states in 2008 and two in 2012, falling just short in North Carolina — the region’s blue future is still a long-term proposition. Candidates like Hagan are stuck between the past, when Southern Democrats’ recipe for victory involved courting white moderates and conservatives, and a future in which they’ll be able to successfully campaign as full-throated, national-style Democrats. To win, Hagan and her compatriots must simultaneously woo independent-minded whites while persuading massive numbers of young voters and nonwhites, who lean left on both economic and social issues, to join them.
It’s an awkward proposition, to be sure. But the Democratic contenders have appeared hell-bent on making it look downright impossible.
But, it appears Georgia may already be in just that state of mind.
In a poll by Landmark Communications released Sunday, Democrat Michelle Nunn has a commanding lead against both of her potential challengers in Georgia’s US Senate race. Against Rep. Jack Kingston (R-GA) Nunn is up by eight points, 49% to 41%. The poll also shows her with a nice lead against businessman David Perdue as Nunn leads him 48% to 42%. Perdue and Kingston are heading into a GOP primary runoff this coming Tuesday. The survey shows Kingston with a sizable lead as he is ahead by seven points, 48% to 41%.
While Nunn holds leads against both men, the thought is that she’d prefer to face Kingston in the general election. Atlanta-based political analyst Bill Crane had the following to say after this poll was released.
“I think Michelle Nunn would prefer to run against Jack Kingston. Twenty-two year incumbent, PAC money, special interest, her preferred race is the race that I think she’s going to get.”
Nunn taking the Georgia Senate seat would put a huge crimp in the plans of Republicans who feel they can take over the US Senate this November. Currently, the GOP needs to net six seats in the midterm to become the majority party in the Upper Chamber. Losing a Senate seat in a deep-red state that was previously held by a Republican will almost certainly prevent Republicans from taking over the Senate. While it is nearly a given that Democrats will lose seats this November, it is looking more and more promising that they will be able to retain control of the Senate.
There’s all kinds of things happening that have caused me to pull the blankets over my head. The horrors in the Gaza strip, the ongoing downed
Malaysian jet catastrophe, and the week long visit of the Army of God to our city. They’re all over our women’s health clinics and they are creepy as creepy gets. Russia’s hand prints are all over the downed commercial airliner. Militants weirdly suggested that the people on the plane were all dead before the plane took off. WTF kind of craziness is this?
In a briefing at the Pentagon on Friday, Rear Admiral John Kirby told reporters that it “strains credulity” to think pro-Russian separatists believed to have shot down MH17 didn’t have at least some help from Moscow. Kirby said the Buk is a “sophisticated piece of technology” that would likely require technical assistance from Russia.
Inside a Buk. As you can see, it’s not as easy as just pushing one big red button.
Indeed, Air Force Gen. Philip Breedlove said in June the U.S. military’s intelligence was that rebels were being trained in tanks and anti-aircraft capability across the border, before heading back into eastern Ukraine to put it into practice.
According to IHS Jane’s Defense, a resource for intelligence and defense analysis, operating a Buk requires a trained crew. While the government of Ukraine also has Buk missile systems, Jane’s notes that the Ukrainian military has none of the systems in the region near the MH17 crash, as they were overtaken by pro-Russian separatists.
“The system is not a simple system to use. You need at least four to six months of training and ongoing training to operate it,” Ronald Bishop, a former U.S. Air Force missile expert, told Australia’s Warwick Daily News. “To fire this system you need to have highly-specialized military training.”
It finally looks like Europe is getting fed up with Russia and their cronies. The response comes because of the careless treatments of the remains of the
victims of the missile attack.
Investigators are still far from an official judgment of what brought down a Malaysia Airlines flight in eastern Ukraine, killing all 298 passengers and crew onboard. But the global court of public opinion, the verdict appears to be rendered.
Vladimir Putin is guilty.
The Russian President could once claim a semblance of a role as a global statesmen. But with the downing of a commercial airliner by what U.S. and Ukrainian officials suggest were pro-Moscow rebels using a missile supplied by Russia, Putin was facing a very personal barrage of worldwide condemnation that threatened to result in further sanctions on Russia if it did not rapidly change course in Ukraine.
Australia raised the prospect of banning Putin from a G-20 meeting of the world’s most powerful nations in November if he did not exert more pressure on the rebels who left corpses strewn on the ground for days,contaminated the crash site, and hampered an international investigation. Britain, meanwhile, openly accused the Russian leader of sponsoring “terrorism.” U.S. Secretary of State John F. Kerry, appearing on multiple political talk shows Sunday, called this a “moment of truth” for Russia.
Particularly in Europe – a continent long leery of going too far to pressure Moscow over its support of separatists in Ukraine – initial shock was quickly gathering into outrage and action.
On Sunday, German Chancellor Angela Merkel, French President François Hollande and British Prime Minister David Cameron held a joint phone call on Russia. A Downing Street spokesman said the three leaders agreed that the European Union “must reconsider its approach to Russia and that foreign ministers should be ready to impose further sanctions on Russia when they meet on Tuesday.”
John Kerry gave Fox News a perfect opener during an appearance on Sunday. Fox is about as neocon as you can get and they love it when Israel goes on any killing spree. Kerry’s oops moment is interesting. It’s hard to believe some one as skilled in politics as Kerry didn’t assume a hot mike and inquiring minds.
In an unusual moment during “Fox News Sunday,” host Chris Wallace presented Secretary of State John Kerry with video recorded before he came on air.
Wallace introduced the segment as being in reference to civilians killed in fighting in the Gaza Strip. “While you were on camera and while on microphone,” Wallace said, “you spoke to one of your top aides between the interviews about the situation in Israel.” He then played what the network had recorded. In the clip, Kerry is holding a cellphone conversation with someone. The person on the other end of the call isn’t identified, and the audio from the other participant is staticky.
Kerry’s comments are clear. “It’s a hell of a pinpoint operation,” he says, then repeats it. “It’s a hell of a pinpoint operation.” It’s an apparent reference to Israel’s insistence that its incursion into the region would be limited. “It’s escalating significantly,” the person on the phone replies, and Kerry then says: “We’ve got to get over there. I think we ought to go tonight.” He then calls it “crazy” to be “sitting around.”
“When you said it’s a hell of a pinpoint operation,” Wallace asked, are you “upset that the Israelis are going too far?”
“It’s very difficult in these situations,” Kerry said, repeating that the United States supports Israel’s right to defend itself. He then explained his comments by saying, “I reacted, obviously, in a way that anybody does in respect to young children and civilians.”
I’m getting really tired of every one fellating Bibi. He’s got to be high up there on the War Criminals list now and it’s about time we pressure Israel for a regime change. To hate Bibi is not to hate Jewish people. It’s to abhor genocide. I just really have gotten to the point where I hate religion altogether and the Abrahamic brands are just about the worst of it all. It’s just evil. Here’s the resident evil religious whackos plaguing New Orleans for the week. I’m probably going to go do some clinic escorting midweek.
A week of planned anti-abortion protests in the New Orleans area began Saturday morning (July 19) with about 55 people affiliated with Operation Save America gathered at the Causeway Medical Clinic in Metairie.
Shortly after, 40 picketed a private home in Carrollton, some holding posters with graphic images of aborted fetuses. Organizer Rusty Thomas of Waco, Texas, said activists are still arriving and other demonstrations are planned for coming days.
The organization said it was encouraged by anew Louisiana law that opponents say will likely shut down three of the five clinics in the state that perform abortions. The law, which supporters say is aimed at improving patient safety, goes into effect Sept. 1.
Richard Fegan of Mandeville, outside the Metairie location, said, “We’re trying to shut the place down because God gives life and God takes life … this place is trying to be God.”
Planned Parenthood said the protests are sparked by the organization’s upcoming new facility on South Claiborne Avenue in New Orleans. No one was gathered at the construction site Saturday morning.
“Planned Parenthood’s focus is the health and safety of women, men and families in Louisiana,” said Melissa Flournoy, state director of Planned Parenthood Gulf Coast, in a statement. “These extremist organizations are trying to stop a new health center from serving this community, but in the end they’re only helping us build more support.”
It’s just hard to know what to do with people that just want to inflict their view of the world on the rest of us. What is with all this craziness? It’s like we’ve not gotten much farther than when we crawled out of the caves. At least back then, we could only do limited damage.
Anyway, naptime is calling my name folks! What’s on your reading and blogging list today?
Tuesday Reads: Live and Let Live Edition
Posted: July 1, 2014 Filed under: Affordable Care Act (ACA), birth control, Discrimination against women, Feminists, fetus fetishists, fundamentalist Christians, GLBT Rights, Hillary Clinton, Marriage Equality, morning reads, religious extremists, Reproductive Health, Reproductive Rights 28 CommentsGood Morning!
Why is it that many religious people just cannot live without imposing their views on others? That’s one of the things I’ve been thinking about since the reliably patriarchal side of SCOTUS took one more step to force their favorite flavor of religion on the rest of us. Today’s photo montage is via “The Invisibles”. It is a montage of gay couples during the times when theirs was a “love that dare not speak its name”. There are so many folks that choose to live outside of the conventions of the society into which they were born. I was raised to think that this country was born of the dreams of folks wanting to establish a place where they could not be persecuted for not following the majority’s norms. Our country has not had perfect beginnings. But up until recently, I always felt that we were at least creeping towards a “more perfect union”.
While the plight of the GLBT community is improving and appears to have some forward momentum, there are others that are being shoved back into conformity with lives and values not of their choosing. This includes women, immigrants and many minorities. Why do others feel they have to justify their own lives by persecuting others? We’re headed towards our nation’s birthday. What has happened to the idea of creating our “more perfect union” with “liberty and justice for all”?
So, first I feel like I have to add more to the discussion on the SCOTUS decision that allows privately and tightly held corporations that are not engaged
in the business of religion to hold religious beliefs identical to the owners that are supposedly separate from the corporation enough to be indemnified by any illegal activities it undertakes. Hillary Clinton made her views clear on the subject as did Justice Ginsberg writing for the dissent. I will rely on their words here. Hillary Clinton calls the decision “deeply disturbing”.
Justice Ginsberg wrote a masterful dissent.
On Monday, the Supreme Court sided with Hobby Lobby on the company’s challenge to the Affordable Care Act’s contraceptive mandate, ruling that the mandate, as applied to “closely held” businesses, violates the 1993 Religious Freedom Restoration Act. But the divided court’s 5-4 decision included a dramatic dissent from Justice Ruth Bader Ginsburg, who called the majority opinion “a decision of startling breadth.” Ginsburg read a portion of her decision from the bench on Monday.
Addressing the majority of her colleagues — including all but one of the six men sitting on the Supreme Court — Ginsburg wrote:
In the Court’s view, RFRA demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodation may have on third parties who do not share the corporation owners’ religious faith—in these cases, thousands of women employed by Hobby Lobby and Conestoga or dependents of persons those corporations employ. Persuaded that Congress enacted RFRA to serve a far less radical purpose, and mindful of the havoc the Court’s judgment can introduce, I dissent.
The justice goes on to criticize the opinion’s interpretation of the religious freedom law, writing that “until today, religious exemptions had never been extended to any entity operating in ‘the commercial, profit-making world.'”
The reason why is hardly obscure. Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community. Indeed, by law, no religion-based criterion can restrict the work force of for-profit corporations…The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention. One can only wonder why the Court shuts this key difference from sight.
“In sum,” Ginsburg adds about the free exercise claims at the heart of this case,“‘[y]our right to swing your arms ends just where the other man’s nose begins.’”
Justice Alito got a little prickly in his majority opinion about Ginsburg’s strong criticism of their take on the case:
As this description of our reasoning shows, our holding is very specific. We do not hold, as the principal dissent alleges, that for-profit corporations and other commercial enterprises can “opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.” Post, at 1 (opinion of GINSBURG, J.). Nor do we hold, as the dissent implies, that such corporations have free rein to take steps that impose “disadvantages . . . on others” or that require “the general public [to] pick up the tab.” Post, at 1–2. And we certainly do not hold or suggest that “RFRA demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodation may have on . . . thousands of women employed by Hobby Lobby.” Post, at 2.1 The effect of the HHS-created accommodation on the women employed by Hobby Lobby and the other companies involved in these cases would be precisely zero. Under that accommodation, these women would still be entitled to all FDA-approved contraceptives without cost sharing.
Ginsburg seems to reply to Alito by suggesting that what Alito sees as a narrow, limited decision is essentially an invitation for lots of future challenges on religious grounds: “Although the Court attempts to cabin its language to closely held corporations,” she writes, “its logic extends to corporations of any size, public or private. Little doubt that RFRA claims will proliferate.”
Further quotes from Ginsburg’s dissent can be read at MOJO.
Here are seven more key quotes from Ginsburg’s dissent in Burwell v. Hobby Lobby:
- “The exemption sought by Hobby Lobby and Conestoga would…deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage”
- “Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community.”
- “Any decision to use contraceptives made by a woman covered under Hobby Lobby’s or Conestoga’s plan will not be propelled by the Government, it will be the woman’s autonomous choice, informed by the physician she consults.”
- “It bears note in this regard that the cost of an IUD is nearly equivalent to a month’s full-time pay for workers earning the minimum wage.”
- “Would the exemption…extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations[?]…Not much help there for the lower courts bound by today’s decision.”
- “Approving some religious claims while deeming others unworthy of accommodation could be ‘perceived as favoring one religion over another,’ the very ‘risk the [Constitution’s] Establishment Clause was designed to preclude.”
- “The court, I fear, has ventured into a minefield.”
You can read the full dissent here. (It starts on page 60.)
The court attempted a narrow decision but crept into an area of corporate law that could create an interesting situation. Usually, corporations are considered distinct from their owners. Hobby Lobby is a corporation tightly held by a family so the majority view basically carved out this type of corporation and said “it’s different”. However, how can you indemnify owners from corporate malfeasance AND say that this specific corporation that doesn’t have a religious mission reflects this set of owner’s pet superstitions? Could the justices have unintentionally left a back door open to challenge the very basis of incorporation which is to make any corporation its own entity?
The decision’s acknowledgment of corporations’ religious liberty rights was reminiscent of Citizens United v. Federal Election Commission, a 2010 ruling that affirmed the free speech rights of corporations. Justice Alito explained why corporations should sometimes be regarded as persons. “A corporation is simply a form of organization used by human beings to achieve desired ends,” he wrote. “When rights, whether constitutional or statutory, are extended to corporations, the purpose is to protect the rights of these people.”
Justice Ginsburg said the commercial nature of for-profit corporations made a difference.
“The court forgets that religious organizations exist to serve a community of believers,” she wrote. “For-profit corporations do not fit that bill.”
I wanted to point out the anniversary of a sad day in New Orleans history. I’m not sure how many of you know about the UpStairs Lounge fire of 1973. The arson mass murder of GLBT stands as the largest of its kind in modern history.
On June 24, 1973, an arsonist set fire to a gay bar in New Orleans called the Upstairs Lounge, killing 32 gay men and women in what has gone down in history as thelargest gay mass murder in U.S. history.
Today is the 41st anniversary of that tragedy, which has been documented by Robert L. Camina in the new film “Upstairs Inferno”. According to the first official teaser trailer below, the horrific event led to even more reprehensible acts in its wake – several bodies from within the club were never claimed by family members, those survivors featured in the news went on to lose their jobs and livelihoods, and the New Orleans police department lagged its feet and attempted to cover up the deadly crime.
To this day, no one has ever been charged with setting fire to the UpStairs Lounge.
Many folks believe this is an event that should not be forgotten.
For a complex array of reasons, including homophobia, shame, and despair, the fire and its victims languished in obscurity for years, not taking its proper place in the broader sweep of LGBT history, but this is quickly changing.
“Upstairs”, my musical tragedy commemorating the fire and honoring its victims premiered last year in New Orleans to sold-out audiences, as part of the 40th anniversary memorials and Pride events. A portion of the musical is now playing at the West Village Musical Theatre Festival in New York.
A new book, “The UpStairs Lounge Arson: Thirty-Two Deaths in a Louisiana Gay Bar”, released just last month, is the most extensively-researched and carefully-told history of the subject.
And “Upstairs Inferno”, a documentary by acclaimed filmmaker Robert Camina is currently in post-production.
In addition, Delery, Camino, and I are advocating the inclusion of the UpStairs Lounge site on the National Register of Historic Places.
To commemorate the anniversary of the fire, I spoke with Camina about his documentary.
The lion’s share of published research about the fire comes from Johnny Townsend, author of “Let the Faggots Burn”, and Clay Delery. Did you interview them for the piece and what did you learn?
Well of course Townsend had a lot to contribute, because without his efforts many years ago to interview people, many of the stories would have been lost. So I think he brought a lot of insight to the tragedy that, since so many have passed on, we are not able to access.
Did you get to talk to anyone that Delery and Townsend did not get to talk to?
I don’t think they interviewed Francis Dufrene. We were able to interview him. He was a survivor of the fire. He slipped through the bars and jumped and landed on the pavement. He suffered third-degree burns. He gave us a distinctive perspective of what it was like in the middle of it when the fire started, so we definitely learned a little bit of what it was like the emotions just the mood and a frame of mind of what people going through in there.
As far as you can tell, what was the UpStairs lounge like as a bar?
It was a very comfortable place. Everyone we talked to said that the patrons were like a family. And the word that has come up that you’re very familiar with is “Sanctuary”.Yes, that’s why I opened my musical with a song of that title. And of course, when a place that is considered a sanctuary is invaded and ruined, it has a profound impact on a community. And I’m not sure I had a whole sense of the impact that it had until I was there last year for the 40th Anniversary to see how the community responded to the memorial events and the play.
Supreme Court Justice Antonin Scalia made an appearance at the Lanier Theological Library in Houston, Texas on Friday, where he claimed that the success of capitalism was deeply tied to the nation’s religious values.
“While I would not argue that capitalism as an economic system is inherently more Christian than socialism … it does seem to me that capitalism is more dependent on Christianity than socialism is,” Scalia, a devout Catholic, said during his speech,according to the Houston Chronicle. “For in order for capitalism to work — in order for it to produce a good and a stable society — the traditional Christian virtues are essential.”
Unfortunately, I can’t seem to read the part in the new testament where the jesus dude said ANY of that. Evidently, we’re supposed to all follow his brand of religion even if we find it to be complete bunk.
Why can’t we just live and let live?
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