Fighting Gay Rights and Abortion With the First Amendment

The First Amendment has become the most powerful weapon of social conservatives fighting to limit the separation of church and state and to roll back laws on same-sex marriage and abortion rights.

Few groups have done more to advance this body of legal thinking than the Alliance Defending Freedom, which has more than 3,000 lawyers working on behalf of its causes around the world and brought in $51.5 million in revenue for the 2015-16 tax year, more than the American Civil Liberties Union.

Among the alliance’s successes has been bringing cases involving relatively minor disputes to the Supreme Court — a law limiting the size of church signs, a church seeking funding for a playground — and winning rulings that establish major constitutional precedents.
.. If there is a battle somewhere to restrict protections for gay men, lesbians or transgender people, chances are the alliance is there fighting it.
.. But civil liberties groups and gay rights advocates say that Alliance Defending Freedom’s arguments about religious liberty and free expression mask another motivation: a deep-seated belief that gay people are immoral and that no one should be forced to recognize them as ordinary members of society.
.. “They’ve got some very big, very clear goals,”
.. One of those goals was to defend laws that criminalized gay and lesbian sexual conduct.
.. In a brief the alliance filed urging the Supreme Court not to overturn a Texas law that made homosexual activity illegal, its lawyers described gay men as diseased and as public health risks. 
.. Asked if he and other alliance lawyers believed gay men and lesbians were immoral, Mr. Tedesco said, “I’m not going to get into what the Bible says or teaches about homosexuality.”
 .. A sophisticated multimedia campaign, called “Justice for Jack,” portrays Mr. Phillips as the victim of heavy-handed state bureaucrats. Set to soft piano music, one video describes how Mr. Phillips has received death threats, hateful phone calls and lost 40 percent of his business.
.. “It’s not about refusing business,” Mr. Phillips’s daughter says to the camera. “It’s about having the freedom for him to artistically create something that allows him to honor Christ.”
.. “They know those are messages that work better, and they are no longer leading with the messages they used to, which are ‘gay people are pedophiles and we need to keep them away from our kids,’” said James Esseks, an A.C.L.U. lawyer who focuses on gender identity and sexual orientation issues. “It’s a very intentional shift, a very strategic shift.”

Politics For some evangelicals, a choice between Moore and morality

“What you’re seeing here is rank hypocrisy,” said John Fea, an evangelical Christian who teaches history at Messiah College in Mechanicsburg, Pa. “These are evangelicals who have decided that the way to win the culture is now uncoupled from character. Their goal is the same as it was 30 years ago, to restore America to its Christian roots, but the political playbook has changed.

.. No, the decision to stick with Moore is not just a power play — rather, it’s an evolving view of human nature, said Robert Jeffress, pastor of the 13,000-member Dallas First Baptist Church and perhaps the most prominent evangelical supporter of President Trump.

“For evangelical Christians, morality doesn’t change,” Jeffress said. “But over the last 40 years, Americans have become more aware of the flaws of individuals. Remember how shocked Christians like Billy Graham were when they heard Nixon’s tapes — his foul language, his racist remarks. We’re more aware now because of media scrutiny that our leaders are flawed and morality cannot be the only measure.”

Jeffress argued that Christians have come to see that although morality remains important in choosing candidates, “leadership, experience, morality and faith are all important, and the rank of those changes according to circumstances.”

.. In supporting Trump, Jeffress decided that although the president “may not be a perfect Christian, he is a good leader.” About 80 percent of white evangelicals voted for Trump last year, exit polls showed.

.. Land still believes in a line he attributes to Harry Truman, about how if a man lies to his wife, he’ll lie to me and the American people. “In an ideal world, you wouldn’t want anybody working for you who’d broken his marriage vows,” Land said. “But I understand that would disqualify a number of our presidents.”

.. Context matters, Land said. Trump was “my last choice among the Republican presidential candidates” in last year’s primaries, largely because of character questions, Land said. In the end, he voted for Trump over Hillary Clinton and agreed to serve on a Trump advisory board because “I had to choose between a lesser evil and a greater evil. Mrs. Clinton called abortion sacrosanct, so I already knew what I needed to know.” 

.. Other evangelical leaders have shifted their rhetoric through the years. Ralph Reed, the longtime head of the Christian Coalition, said in 1998 that Bill Clinton’s White House affair with Monica Lewinsky rendered him unfit to serve. “We will not rest until we have leaders of good moral character,” he said at the time.

In 2016, however, Reed, who did not respond to a request for comment, said after the release of videotape showing Trump boasting of grabbing women by their genitals that a recording “of a private conversation with a TV talk show host ranks pretty low on [evangelicals’] hierarchy of their concerns.”

.. “A watershed moment was 1980,” he said. “Evangelical Christians chose between a born-again Baptist Sunday school teacher and a twice-married Hollywood actor who had signed the most liberal abortion bill and whose wife practiced astrology. And evangelicals chose Ronald Reagan over Jimmy Carter.”

 

Opt Out of the Lesser of Two Evils

The atheist Christopher Hitchens used to argue that religion was useful for getting good and conscientious people to do wicked things. Politics can be used in the same way. Those two candidates could only have advanced so far because American politics is so tightly wired to our fears and hatreds. Why would anyone decent support either of them — unless on some level you feared and hated the other side?

.. Asked if he could unequivocally state that he never dated a teenager when he was in his thirties, Moore replied: “It would be out of my customary behavior.”

.. I’d like to advance the political case against letting fear and hatred lead us to consistently lower our standards and lend our support to the ambitions of less and less worthy people.

.. First, there is is the argument from credibility. Every social conservative who supports Moore is increasing the cynicism of American society and justifying widespread skepticism about the sincerity of Christian belief among conservatives. People are reminded frequently that Christian conservatives once demanded that Bill Clinton resign in shame for carrying on an affair with a White House intern. Now some of those supposedly godly men, or their sons, defend Moore’s predation of teenaged girls on the grounds that even a child predator is better than a Democrat. This instrumentalism will eventually make it impossible for social conservatives to defend any of their preferred policies.

.. The country won’t give consent to pro-life laws if they have good reason to suspect their advocates are insincere. And the public will shrug at the abrogation of religious liberties if it thinks these amount to privileges for hypocrites.

.. You cannot be a good citizen of your country if your immediate political interests outrank every other good in the commonweal. And You cannot be a good citizen of your country if your immediate political interests outrank every other good in the commonweal. And citizenship requires some self-abnegnation, even some risk. Advancing a man of Roy Moore’s character to the Senate worsens public life in obvious ways.

  • He’s unethical.
  • He flouts the law.
  • And he is peculiarly holier than thou.

Telling yourself that “this is war, and in war you have to make less than ideal choices” is a great way to excuse the destruction of your charity and the lifting of restraint, with collateral damage to your integrity.

.. Choosing the lesser of two evils is a fantastic way to prepare yourself to do worse and worse evils. And following it to the end is a bitter fate indeed. The worst tragedies of recent history were driven by masses of people giving in to existential fear and hatred. There are many alive today in Central and Eastern Europe who made themselves into Fascists or Communists in order to resist or avenge the Communists and the Fascists. But the names we remember and revere are often those who carefully and bravely stood apart.

We Are Not the World

From Brexit to Trump to the rise of nationalist parties across Europe, the old division between left and right is giving way to a battle between self-styled patriots and confounded globalists

 Supporters of these disparate movements are protesting not just globalization—the process whereby goods, capital and people move ever more freely across borders—but globalism, the mind-set that globalization is natural and good, that global governance should expand as national sovereignty contracts.

The new nationalist surge has startled establishment parties in part because they don’t see globalism as an ideology. How could it be, when it is shared across the traditional left-right spectrum by the likes of Hillary Clinton, Tony Blair, George W. Bush and David Cameron ?

.. In the 1930s, nationalists were also expansionists who coveted other countries’ territory. Today, Mr. Trump and his ideological allies mostly want to reassert control over their own countries. Their targets are such global structures as the EU, the World Trade Organization, NATO, the U.N. and the North American Free Trade Agreement.

.. Little unites the new nationalists other than their shared antipathy toward globalism. Mr. Trump’s economic program is as far to the right as Ms. Le Pen’s is to the left. Nor do they have credible plans for replacing the institutions of globalization that they want to tear dow

.. In 1957, six European countries signed the Treaty of Rome, creating what would become the EU, hoping that economic and political integration would make war unthinkable.

.. Between 1987 and 2008, total U.S. wages adjusted for inflation rose by 53%, while the profits that U.S. companies earned abroad soared by 347%.

.. President Bill Clinton signed Nafta in 1993 in part to embed a pro-American government in Mexico

.. The late political scientist Samuel Huntington applied the caustic label “Davos man” to those who see “national boundaries as obstacles that thankfully are vanishing.” For globalists, this was a badge of honor, symbolizing not just an outlook but a lifestyle of first-class departure lounges, smartphones and stock options.

.. In 2000, Mr. Clinton blessed China’s entry into the WTO. Echoing Truman, he predicted China’s membership was “likely to have a profound impact on human rights and political liberty.”

It didn’t. China adhered to the letter of its WTO obligations while systematically violating their spirit with discrimination against foreign investors and products and an artificially cheap currency.

.. Economists warned that Italy, Spain and Greece couldn’t compete with Germany without the safety valve of letting national currencies periodically devalue to offset their faster-rising costs. Sure enough, their trade deficits ballooned, but low-cost euro loans at first made them easy to finance. The loans proved unsustainable, and the resulting crisis has still not run its course.

.. Chinese and German trade surpluses could wreak havoc thanks to expanding cross-border finance. To globalists, its growth was as inexorable as that of trade. In early 2008, President George W. Bush’s treasury secretary, Henry Paulson, put out a report arguing that globalization had made much of U.S. financial regulation obsolete. The priority was to maintain “American preeminence in the global capital markets.

.. Globalists were blind to the nationalist backlash in part because their world—entrepreneurial, university-educated, ethnically diverse, urban and coastal—has thrived as whiter, less-educated hinterlands have stagnated.

.. Many globalists now assume that the discontent is largely driven by stagnant wages and inequality. If people are upset about immigration, they reason, it is largely because they fear competition with low-wage workers.

In fact, much of the backlash against immigration (and globalism) is not economic but cultural

.. in the 1980s, economic issues such as taxes and welfare became less important than noneconomic issues such as immigration, terrorism, abortion and gay rights.

..  voters were bothered less by competition from immigrants than by their perceived effect on the country’s linguistic, religious and cultural norms.

.. Europeans’ opposition to immigration was driven less by pocketbook concerns than by worries about how changes to “the composition of the local population” would affect “their neighborhoods, schools and workplaces.”

.. Yet the new nationalism often thrives on xenophobia. Mr. Trump has been criticizing free trade since the 1980s, but his candidacy took off when he started attacking Mexican immigrants and Muslims. American Jewish groups heard unsettling echoes of anti-Semitic conspiracy theories when Mr. Trump accused Mrs. Clinton of meeting “in secret with international banks to plot the destruction of U.S. sovereignty.”

.. In short, there is ample reason for skepticism about whether the new nationalists can prove themselves a genuinely secular, democratic alternative to globalism.

.. That globalization’s winners can compensate its losers makes impeccable economic logic, but it rings hollow among those too old to retrain or move.

.. globalists should not equate concern for cultural norms and national borders with xenophobia. Large majorities of Americans, for example, welcome immigrants so long as they

  • adopt American values,
  • learn English,
  • bring useful skills and
  • wait their turn.