35 Years of Demonization: The Criminalization of Black Women

Click here to download the article as a PDF.

Click here to download the article as a PDF.

This article appears in the Winter 2016 issue of The Public Eye magazine.

In December 1990, when Alice Johnson lost her job, she never imagined she would end up in prison. The African-American single mother had been supporting her five children as a manager of a FedEx store in Memphis. She soon found another job, but at one-third the pay. Meanwhile, the bills mounted. When she was offered a quick way to make money—by passing phone messages about where to buy drugs—she took it. Johnson is now serving a life sentence for conspiracy to possess cocaine, attempted possession of cocaine, and money laundering.1

Between 1990 and 2000, the number of people in U.S. prisons and jails increased from 292 per 100,000 to 481 per 100,000.2 But the number of women in prison rose even more sharply, doubling over the ten-year period.

The numbers keep growing. The number of women sent to prison grew by another nearly three percent (or 2,800 people) between 2012 and 2013. The imprisonment rate for Black women is 113 of every 100,000, more than twice that of White women (who are imprisoned at a rate of 51 per 100,000). At the end of 2013, nearly one quarter (or 23,100) of the 104,134 women in state or federal prison were Black.3 In contrast, Black women make up just 13 percent of women in the United States.4 Today, approximately 206,000 women are in jails or prisons nationwide.5 Johnson, who was arrested in 1994 and charged with conspiracy to possess cocaine, attempted possession of cocaine, and money laundering, is one of those women.

In July 2015, hundreds of people marched in Minneapolis to honor Sandra Bland and protest the deaths of Black women who have died in police custody. Photo by Fibonacci Blue via Flickr.

In July 2015, hundreds of people marched in Minneapolis to honor Sandra Bland and protest the deaths of Black women who have died in police custody. Photo by Fibonacci Blue via Flickr.

Johnson’s imprisonment did not happen in a political vacuum. The same policies of mass incarceration and racial policing that have sent disproportionate numbers of Black men to prison have also hit Black women hard.6 In 1996, the year Johnson was convicted, the rate of incarceration for Black women was seven times higher than for White women. The right-wing rhetoric that fueled those policies affecting Black men also reinforced a narrative in which Black women are seen as inherently criminal, a narrative that continues to influence public perception and law enforcement today.7

In 1971, Richard M. Nixon declared a War on Drugs. In 1982, President Ronald Reagan expanded that war. But, as Michelle Alexander notes in her pivotal study of the hyper-incarceration of African Americans, The New Jim Crow, this expansion came at a time when neither media nor most members of the public were particularly concerned about drugs. Reagan’s administration launched a public relations campaign, focusing largely on crack, to build both public and legislative support for his drug war. The war was not race-neutral—images of Black people addicted to crack, whether in the form of “crack whores,” “crack dealers” or “crack babies,” were utilized to strike fear into the public and garner support for harsher laws and more punitive sentences.8

The image of Black women continues to be fueled by the right-wing narrative of Black women as welfare frauds, liars, and cheats.

In 1986, Congress passed the Anti-Drug Abuse Act, mandating a five-year sentence for a five-gram sale of crack cocaine; in contrast, the same sentence only took effect for 500 grams of powder cocaine. Although Whites and Blacks used drugs at similar rates, enforcement of the Act targeted Black people, drastically increasing the number of Black people sent to prison—in 1980, African Americans made up 12 percent of the country’s population, but 23 percent of all people arrested on drug charges. By 1990, however, they made up more than 40 percent of those arrested for drugs and over 60 percent of those convicted.9 The Act also took its toll on women, particularly Black women. Under the Act, police and prosecutors were able to arrest and charge spouses and lovers with drug trafficking “conspiracy” for everyday actions such as taking a phone message or sharing finances. This is what happened to North Carolina mother Phyllis Hardy, whose ordeal I have described elsewhere.10 In 1991, Hardy’s husband was arrested for conspiracy to import and sell cocaine. He told me that prosecutors asked him if he had ever given money to his wife. “She’s my wife. Of course I gave her money,” he told them.

Andrea Ritchie, co-author of the "Say Her Name" report speaks at the 2015 New York City #SayHerName vigil in remembrance of Black women and girls killed by the police. Photo by The All-Nite Images via Flickr.

Andrea Ritchie, co-author of the “Say Her Name” report speaks at the 2015 New York City #SayHerName vigil
in remembrance of Black women and girls killed by the police. Photo by The All-Nite Images via Flickr.

But, under the Anti-Drug Abuse Act, sharing money with a spouse—even for household expenses like groceries or the mortgage—ropes him or her into the conspiracy. Phyllis Hardy was arrested and charged with conspiracy to import and distribute cocaine as well as money laundering. Believing that justice would prevail, she went to trial. She lost and was sentenced to 30-and-a-half years in federal prison. Her husband, who accepted a plea bargain, served 15 years.

Reagan’s War on Drugs coincided with a less-trumpeted right-wing war on women. Invoking images of Black welfare mothers driving Cadillacs and having children solely to collect more taxpayer dollars, Reagan and his acolytes whipped up public furor against welfare recipients and the idea that society should support those most in need. The frenzy continued past his presidency; in 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) was introduced as part of the Republican Contract with America and heavily pushed by House Speaker Newt Gingrich and other Republicans, as well as right-wing think tanks such as the American Enterprise Institute, home of Charles Murray, whose racist writings formed the foundation for welfare reform. In 1996, Clinton signed it into law. The bill, popularly known as “welfare reform,” placed a five-year lifetime limit on welfare, excluded benefits to children born to mothers already on welfare, required recipients to work after two years, and enacted a lifetime ban on welfare benefits for people with drug felonies or who had violated probation or parole.11

The demonization of Black women extended beyond welfare and, even 35 years later, continues to inform police interactions. In 2013, of all women stopped by New York City police, over 53 percent were Black although Black people make up only 27 percent of the city’s residents.12

“The image of Black women continues to be fueled by the right-wing narrative of Black women as welfare frauds, liars and cheats,” Andrea Ritchie, a Soros Justice Fellow examining police violence against women and LGBT people of color, told The Public Eye. “These images drive interactions from whether to write someone a traffic ticket or arrest them for not putting their cigarette out to what to charge someone.” Ritchie pointed to the example of Charlena Michele Cooks, a Black mother in Barstow, California, who was eight months pregnant when she was brutally arrested in January 2015. While dropping her second-grade daughter off at school, Cooks had a driving dispute with another mother. The other mother, who is White, called the police. According to his body cam footage, the officer, after listening to the White mother’s statement, said, “I don’t see a crime that’s been committed,” but offered to speak with Cooks. The officer approached Cooks and, when she refused to give her full name and began to walk away, the officer twisted her hands behind her, forced her against a fence and arrested her as she screamed in pain and fear. She was charged with resisting arrest. A court later dismissed the charge; the ACLU of Southern California confirms that Cooks did indeed have the right to refuse to give her name.13

Whenever interactions like this occur, the underlying justification demonizes Black women, noted Ritchie. “Every police interaction is informed by the perception that they’re lying, cheating and not worthy of protection.” The brutal 2015 arrest of Sandra Bland, who died in police custody in Texas following a questionable traffic stop, illustrates the way in which these ingrained perceptions can be deadly.

National Day Of Action to end State violence against Black girls and women. Photo by The All-Nite Images via Flickr

National Day Of Action to end State violence against Black girls and women. Photo by The All-Nite Images via Flickr

Even when they are not deadly, the narrative informs who police choose to target—and arrest. In the 1990s, New York City, under Mayor Rudolph Giuliani and his police commissioner Bill Bratton, instituted a policy of “stop, question and frisk,” soon shortened to “stop and frisk,” in which police stop and search people whom they perceive to be acting suspiciously. Not surprisingly, most of the stops involved people of color. In 2011, nearly 90 percent of these stops involved Black or Latina/o people.14 But stop and frisk is not limited to New York; other cities also employ the tactic and, as in New York, people of color are often the targets.

Those stopped and frisked can be arrested not only for weapons or drugs, but also for carrying legal items such as condoms. Until recently in New York, police could—and would—seize condoms as evidence of sex work. But this policy didn’t just affect people engaged in sex work. Trans and gender non-conforming people, particularly people of color, also felt the brunt in a phenomenon known as “walking while trans.”15 Nearly 60 percent of trans and gender non-conforming people of color living in Jackson Heights, one of New York City’s most diverse neighborhoods, reported being stopped by police, who profiled them as sex workers solely because of their race and gender identity. None were actually sex workers, but they were charged with prostitution-related offenses if they were carrying condoms.16 Considering that the city’s Department of Health distributes over 35 million condoms each year, the practice of using condoms as evidence seems particularly absurd. But not absurd enough to abolish the practice. In May 2014, Bratton (once again New York’s police commissioner) announced that police will no longer use condoms as evidence—unless they suspect people of sex trafficking or promotion of prostitution.17 

Nearly 60 percent of trans and gender nonconforming people of color living in Jackson Heights reported being stopped by police, who profiled them as sex workers solely because of their race and gender identity.

Undoing 35 years of demonization requires approaches on several different levels. Andrea Ritchie is the co-author of Say Her Name, a July 2015 report examining police violence against Black women and girls, which includes some examples of policy demands that address Black women’s particular experiences of policing, such as a ban on using Tasers and excessive force on pregnant women or children and the passage of the End Racial Profiling Act of 2015, which prohibits any agency from engaging in racial profiling.18 In New Orleans, years of organizing and attention to the city’s racist policing practices ended in a 2012 consent decree in which the New Orleans Police Department was ordered to implement bias-free policing.19

At the same time, the underlying narrative that promotes these policies and interactions needs to change. The popular hashtag and associated movement #BlackLivesMatter have helped challenge this script, calling attention to the racism and violence against Black people. While #BlackLivesMatter, started by three Black women, does not focus exclusively on the violence against Black men, activists and media makers made sure that the call was expanded to ensure that Black women and Black trans people were not forgotten with calls for Black Trans Lives Matter and Black Girls Matter. Activists, media makers and members of the general public need to continue challenging the stereotypes of Black women and rewrite the script so that gender and gendered violence remain integral in the struggle to transform the criminal justice system.


About the Author

Victoria Law is a freelance writer focusing on the intersections of incarceration, gender and resistance. She is also the author of Resistance Behind Bars: The Struggles of Incarcerated Women.


Endnotes

[1] Victoria Law, “Mothers Serving Long-Term Drug Sentences Call for Clemency,” Truthout, September 11, 2015, http://www.truth-out.org/news/item/32745-mothers-serving-long-term-drug-sentences-call-for-clemency.

[2] Allen J. Beck and Jennifer C. Karberg, Prisons and Jail Inmates at Midyear 2000, Bureau of Justice Statistics, Department of Justice, March 2001, 3, http://www.bjs.gov/content/pub/pdf/pjim00.pdf.

[3] E. Ann Carson, Prisoners in 2013, Bureau of Justice Statistics, U.S. Department of Justice, September 30, 2014, 9, http://www.bjs.gov/content/pub/pdf/p13.pdf.

[4] Maria Guerra, Fact Sheet: The State of African American Women in the United States, Center for American Progress, November 7, 2013, https://www.americanprogress.org/issues/race/report/2013/11/07/79165/fact-sheet-the-state-of-african-american-women-in-the-united-states/.

[5] Aleks Kajstura and Russ Immarigeon, States of Women’s Incarceration: The Global Context, Prison Policy Initiative, http://www.prisonpolicy.org/global/women/ .

[6] Department of Justice, “State and Federal Prisons Report Record Growth During Last 12 Months,” December 3, 1995, 4, http://www.bjs.gov/content/pub/pdf/pam95.pdf.

[7] This past summer, Texas district attorney called Sandra Bland “it” and re-directed the blame for Bland’s brutal arrest and subsequent death on her own behavior, stating, “It was not a model traffic stop … and it was not a model person that was stopped on a traffic stop. I think the public can make its own determinations as to the behaviors that are seen in the video.” Michael Gracezyk, “Texas Prosecutor Says Too Soon to Say How Woman Died in Cell,” Associated Press, July 21, 2015, http://bigstory.ap.org/article/00ba536ef2c24db1bb1609e9bcb6df1d/texas-officials-release-video-jail-sandra-bland-case.

[8] Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New York: New Press, 2010), 5.

[9] Jonathan Rothwell, “How the War on Drugs Damages Black Social Mobility,” Brookings, September 30, 2014, http://www.brookings.edu/blogs/social-mobility-memos/posts/2014/09/30-war-on-drugs-black-social-mobility-rothwell.

[10] Victoria Law, “Will Obama’s Commutation Allow Grandma Hardy and Thousands of Drug War Prisoners to Finally Go Home?” Truthout, August 20, 2014, http://www.truth-out.org/news/item/25497-will-obamas-commutation-allow-grandma-hardy-and-thousands-of-drug-war-prisoners-to-finally-go-home; Victoria Law, “Phyllis ‘Grandma’ Hardy is Home! But Over 98,000 People Remain Prisoners of the Drug War,” Truthout, April 7, 2015, http://www.truth-out.org/news/item/29973-phyllis-grandma-hardy-is-home-but-over-98-000-people-remain-prisoners-of-the-drug-war.

[11] Bryce Covert, “Clinton Touts Welfare Reform. Here’s How It Failed,” The Nation, September 6, 2012, http://www.thenation.com/blog/169788/clinton-touts-welfare-reform-heres-how-it-failed.

[12] Kimberlé Williams Crenshaw and Andrea J. Ritchie, Say Her Name: Resisting Police Brutality Against Black Women, (New York: African American Policy Forum, 2015). 7, http://static1.squarespace.com/static/53f20d90e4b0b80451158d8c/t/55a810d7e4b058f342f55873
/1437077719984/AAPF_SMN_Brief_full_singles.compressed.pdf
.

[13] Michael Martinez and Kyung Lah, “Police Video Shows ‘Horrifying’ Arrest of Pregnant Woman, ACLU Says,” CNN, May 29, 2015, http://www.cnn.com/2015/05/28/us/barstow-california-police-video-pregnant-woman-arrest/.

[14] New York Civil Liberties Union, Stop‐and‐Frisk 2011 Report 8 (2012). 5.

[15] People’s Law Office, “Criminalization of LGBTQ People,” n.p., n.d., http://peopleslawoffice.com/issues-and-cases/criminalization-of-glbt-people-in-the-us/.

[16] Make the Road New York, Transgressive Policing: Police Abuse of LGBTQ Communities of Color in Jackson Heights, October 2012, 4, 15, http://www.maketheroad.org/pix_reports/MRNY_Transgressive_Policing_Full_Report_10.23.12B.pdf.

[17] Emma Caterine, “Condoms as Evidence: Terrible for Sex Workers, Terrible for Public Health,” RH Reality Check, March 8, 2013, http://rhrealitycheck.org/article/2013/03/08/condoms-as-evidence-terrible-for-sex-workers-terrible-for-public-health/.

[18] Crenshaw and Ritchie, “Say Her Name: Resisting Police Brutality Against Black Women,” African American Policy Forum, July 2015, 33 (See also: Cassandra Osei, “Reports in Review,” The Public Eye, Fall 2015, 20); End Racial Profiling Act of 2015, H.R. 1933, 114th Congress (2015), https://www.congress.gov/bill/114th-congress/house-bill/1933.

[19] New Orleans Police Department, “NOPD Consent Decree,” City of New Orleans Mayor Mitchell J. Landrieu, n.d., http://www.nola.gov/nopd/nopd-consent-decree/. It should be noted that, three years later, “the pace of reform continues in many areas to be slower than desired.” Ken Daley, “Third Year in Consent Decree ‘Critical’ for New Orleans Police,” The Times-Picayune, October 5, 2015, http://www.nola.com/crime/index.ssf/2015/10/federal_monitors_warn_nopds_th.html.

When Exemption is the Rule: The Religious Freedom Strategy of the Christian Right

To download the report as a PDF, please click the image.

To download the report as a PDF, please click the image.

Table of Contents:

-Acknowledgements
-Preface
-Executive Summary
-Introduction
-Building Infrastructure for the Long Game
…..Mobilizing to Discriminate in Bob Jones
-Building a political infrastructure for a counteroffensive
-Manhattan Declaration: A Strategic Turning Point
-Legal and Legislative Players and Trends Today
-Federal Religious Freedom Cases
-State-level Religious Freedom Restoration Acts
-Obergefell v. Hodges
-Fighting for Religious Freedom in North Carolina
-‘Religification’ and Zones of Exemption
…..Individual Exemptions
…..Institutional Exemptions
-Territorial Exemptions Involving Zoning and Land Use
-RFRA and the Bipartisan Memo
-The Power of Dualistic Thinking
-Conclusion and Recommendations
-Endnotes
-About the Author

Acknowledgements

Few works of any consequence or magnitude happen in isolation. All are built on the work of those who have come before, some known, most unknown. If I could, I would want them all to know I am humbled and honored to follow in their footsteps.  Most publications are also collective enterprises and this is no exception. I want to thank the many people who made this report possible. I am honored to have had the assistance and wise counsel of my PRA colleagues—at various stages, Eric Ethington, Gabriel Joffe, Tarso Ramos, and report editor Abby Scher, who has patiently seen me through yet another remarkable editorial adventure.  I am also grateful for the kind reading, constructive feedback, and encouragement from Rob Boston, Don Clark, Jay Michaelson, and Patti Miller.  Special thanks to Jonathan Hutson for his expert research, editorial advice, and strategic media guidance.  And finally, profound thanks to Tim Sweeney and the Pride Foundation for their generous support, without which this project might never have happened.  – Frederick Clarkson

Preface

You might say religious liberty is in my blood.

I’m a Mayflower descendant. My maternal grandmother was Delores Howland, some 16 or so generations removed from John Howland. His home still stands in Plymouth, and I have been there to sign the descendants’ book.

As proud as I am of my Pilgrim Congregationalist history, I am also aware that within that history is the Puritan experience of the Salem witch trials and the treatment of indigenous peoples:  reminders of how religion writ large as a culture’s moral compass can bring out the worst in us. By the time our Constitution was written, both the desire to be free from religious tyranny found in the spirit of the Pilgrims – and the need to protect ourselves from religious zealots like the Puritans – would serve to inform its authors. They treated both as instructive, writing into the Bill of Rights language that would preserve our religious liberty and restrict the government’s power to establish any religious point of view as normative.

The irony of the Religious Right fighting for a “freedom” that utilizes all three branches of government to enforce their narrow theology isn’t lost on me. Anyone who doubts either the intent or the ability of the Religious Right to reshape the landscape of religious liberty in America isn’t paying attention. And, to quote Arthur Miller’s Death of a Salesman: “Attention must be paid.”

I believe in religious freedom, but not the kind that argues that government should grant me the right to refuse to serve or hire someone because they are homosexual. Removing someone’s civil rights by empowering the government to protect and preserve my religious homophobia is not my idea of religious liberty.

I believe in religious freedom, but not the kind that argues that government should tolerate employers or medical care professionals who want to deprive women of their full range of health care options. Depriving women of choices that our courts deem legal and appropriate to preserve my religious misogyny is not my idea of religious liberty.

Religious expression in the United States is a beautiful mixture of the world’s best thinking, the collective of which is hard to find anywhere else in the world. We were among the first people on the planet to live in a place where such expression could unfold free of tyranny; not restricted by the ability or willingness of the elected to understand or tolerate a particular religious expression; and within a bubble of protection that asked only that our free exercise neither depend on the establishment of the government for its validity nor violate any other laws or civil rights.

It is within such a context that the United Church of Christ, within which my faith is now lived, gave free expression to its beliefs and called for an end to slavery, an end to the disenfranchisement of women and people of color, an end to state-sanctioned homophobia, an end to the stranglehold that management held over working class peoples. Long before the laws would catch up to us, we ordained the first Black pastor in America, the first female pastor, the first gay pastor, the first lesbian pastor, and the first transgender pastor. We wrote liturgies that called for our clergy to perform same-gender-loving marriages.

When North Carolina rewrote their Constitution to not only deprive same-gender-loving couples from the full rights that our government provides to heterosexual couples when they marry, but also criminalized the religious act of performing such marriages when allowed by other states, it was the United Church of Christ that brought a suit against the state. The federal Court ruled in our favor and called the amendment unconstitutional. It is one thing to ask the state to bend to your narrow religious beliefs. It is something else entirely to ask the state to imprison and fine the clergy of another religion; one that disagrees with you.

This is the religious liberty being propagated by the Religious Right.   They argue that they have no religious freedom unless their restrictive moral code is written into the Constitution. They argue that they have no religious liberty unless those whose religious ceremonies violate the sanctity of their precious theology are thrown in jail. What they want to call religious freedom is in fact the kind of oppressive religious tyranny that my ancestors left their homeland to escape.

I believe in legislation that protects religious liberty. Good laws have been written to protect the free expression of my, and others’, religion; and to limit the reach of government to establish anyone’s religious beliefs as normative.

We can’t allow the Religious Right to twist the meaning of religious liberty to the point that it becomes the means by which their theocratic vision is finally and fully realized. For decades now they have fought to erode or redefine the very freedoms the Constitution was written to protect. It would be unwise of us to either turn a blind eye to their machinations or to dismiss the ongoing effectiveness of their efforts.

Outcomes are hard to predict, but I think it is fair to say that the Religious Right is slowly but surely taking significant ground in the battle to turn America into a theocratic state, or a collection of theocratic mini-states, governed by the very narrowest of religious points of view. That they are doing it under the guise of protecting their religious liberty is the greatest of ironies. Their ambitions are to unseat the U.S. as the world’s safest place to explore and express one’s spiritual longings. If left unchecked by those of us who want to preserve an authentic rendering of religious freedom as envisioned by this country’s founders, they will succeed.

Frederick Clarkson knows this. His ongoing and now longstanding commitment as an investigative journalist to bring out into the open the more covert operations of the theocratic Right makes him eminently qualified to write about this. He sounds an alarm bell that not enough of us are paying much attention to. He not only asks that we learn everything we can about what the Religious Right is up to, he realizes that, unless those of us who want to preserve our longstanding freedoms act with as much sophistication and savvy as they do, we will always lose ground to them. As the late Rev. Dr. Andrew Weaver used to say, “They are playing tackle football, and we are playing touch. We are going to lose this game every time.”

I strongly urge you to not only read this remarkable report; I ask you to take seriously the actions Frederick Clarkson calls for within it. I intend to bring the United Church of Christ into this conversation. We have never been bystanders in the face of injustice when power colludes to deprive others of their liberty. We will not be in this time, either.

The Rev. John C. Dorhauer
General Minister and President
United Church of Christ

Executive Summary

The evangelical Protestant Christian Right and U.S. Roman Catholic bishops are intensifying their campaign to carve out arenas of public life where religious institutions, individuals, and even businesses may evade civil rights and labor laws in the name of religious liberty. By creating zones of legal exemption, the Christian Right seeks to shrink the public sphere and the arenas within which the government has legitimacy to defend people’s rights, including reproductive, labor, and LGBTQ rights. In this, it is often aligned with the antigovernment strategy of free market libertarians and some business interests, who for a variety of reasons also seek to restrict arenas where government can legally act.

This conservative Christian alliance is challenging a century or more of social advances and many of the premises of the Enlightenment underlying the very definition of religious liberty in the United States. Its long-range goal is to impose a conservative Christian social order inspired by religious law, in part by eroding pillars of undergirding religious pluralism that are integral to our constitutional democracy.

Since Political Research Associates’ March 2013 report, Redefining Religious Liberty: The Covert Campaign Against Civil Rights,* a remarkable string of cultural, legislative, and legal victories by the LGBTQ community have further animated the Right’s defensive strategy aimed at exempting conservative Christians from having to accept certain advances in human and civil rights. However, the Christian Right’s religious freedom strategy is part of its long-game and is not merely an anti-LGBTQ tactic.

Among this report’s findings:

  • The network of Christian Right legal institutions advancing the redefinition of religious freedom is growing in its capacity to affect legal, political and cultural change.
    • The Becket Fund, which has litigated landmark Supreme Court cases like Hobby Lobby and Hosanna-Tabor, grew 86 percent in just four years, from FY2009 to FY2012.
    • The national legal network Alliance Defending Freedom increased its annual revenues by $5 million during the same period (a 21% increase) while also expanding its effort to seek influential legal precedents in international courts.
    • In an important mainstreaming move, the conservative John Templeton Foundation funneled $1.6 million through the Becket Fund to establish a religious liberty clinic at Stanford University Law School. It opened in January 2013.
  • The Christian Right’s appropriation of religious freedom to justify discrimination is plainly visible in the U.S. Supreme Court’s 2014 Hobby Lobby ruling, which for the first time recognized limited religious rights for closely held, private corporations to deny the Affordable Care Act’s contraceptive mandate. This ruling has transformed not only federal jurisprudence, but the national conversation about the meaning and scope of religious freedom. One result was that the religious beliefs of the owners trumped the consciences and health interests of their employees.
  • The Christian Right is seeking to undermine and evade civil rights law beyond the courts by “religifying” organizations. This means rewriting mission statements, contracts, and job descriptions to claim that the entire organization or jobs within it are essentially religious in nature and subject to the longstanding exemption of clergy from the Civil Rights Act. Under this logic, a religified business or nonprofit would have the right to discriminate against an LGBTQ client, or others with whom they may religiously disagree, by excluding people who do not conform to their doctrines. The groups promoting this tactic, such as Alliance Defending Freedom and Liberty Institute, have issued handbooks to help organizations protect against “dangerous antireligious attacks.”
  • Religification efforts are attempting to build on the 2012 U.S. Supreme Court ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOC) that the religious duties of a teacher fired in a discriminatory way insulated the mainline church school from antidiscrimination laws under the longstanding clergy exemption. The ruling opened the door to expanding the definition of ministry, so that many more institutions – and their employees – can be exempted from the protections of the law.
  • The Christian Right is seeking to pass state-level Religious Freedom Restoration Acts (RFRA) that would allow for-profit businesses to seek religious exemptions in the way the Hobby Lobby case made possible under the federal RFRA. The Right has succeeded in Mississippi, and, controversially, in Indiana, where the state RFRA was revised under pressure to make clear that it did not justify discrimination against LGBTQ people.
  • Today’s arguments echo those made by opponents of civil rights advances for African Americans in the 20th century – notably the fundamentalist Bob Jones University when it defended its policy against interracial dating because of its religious beliefs. In a major defeat for the nascent Christian Right, the U.S. Supreme Court ruled in 1983 that the Greenville, SC, college was not entitled to a federal tax exemption if it maintained this racist policy because the government’s interest in eradicating racial discrimination in education trumped the school’s claim to the First Amendment right to religious freedom.
  • President Obama has failed to rescind a George W. Bush-era legal memo that allows federal contractors and grantees to discriminate in their hiring on religious freedom grounds.
  • The Christian Right has carved out these victories following decades of building its political and institutional power. To avoid fighting within its frame and definition of religious liberty, progressives and their allies must build their own long game. One of the ways to do this is to avoid dualisms that distort the issue and play to the Christian Right framing, such as suggesting that LGBTQ civil rights (or reproductive rights) and religious freedom are somehow mutually exclusive.

While winning many victories, the Christian Right has lost some important battles in its campaign to redefine religious freedom. This is particularly so when other religious groups have taken the lead in opposing the Right. The United Church of Christ successfully sued to overturn a 2012 amendment to the North Carolina state constitution asserting not only that same-sex marriages were invalid, but effectively criminalizing same-sex marriage ceremonies. Coalitions involving religious groups have also thwarted the passage of state RFRAs that justify discrimination in Georgia and North Carolina. Elsewhere, workers and pension advocates took the lead. In December 2015, a federal appeals court ruled that the St. Peter’s Catholic health system in New Jersey was not exempt on religious grounds from following federal law protecting pensioners and that it needed to fully fund its pension.

Contrary to the vision of much of the Christian Right, religious freedom is for everyone. We need fresh perspectives and coalitions to meet these challenges. Other sectors of society, from moderate Republicans to civil rights and labor activists, to religious and nonreligious organizations, need to discover how to do this, even though they may not be accustomed to working together.  This will certainly mean envisioning and acting on short-term and long-term strategies, both inside and outside of the courts. We need 21st century coalitions and strategies to meet the challenges and opportunities of our time.

Among our other recommendations, we must,

  • Reclaim religious freedom as a fundamental democratic value. This means embracing religious freedom as emphasizing the equality of all people, including everyone’s right to believe and to practice faith (or not) as we will, and to change our minds – free from the undue influence of powerful religious institutions and government. The right to believe differently from the rich and the powerful is a prerequisite for free speech and a free press, the other two elements of the First Amendment of the U.S. Constitution.
  • Increase our capacity to respond to religious freedom-related issues. This would include but not be limited to resourcing a network of researchers, writers, political thinkers, and scholars to develop and inform strategy with respect to religious liberty and civil rights.
  • Expand and refresh historic alliances that have extended civil and labor rights in the 20th century more widely and deeply than at any other time in our history.
  • Expand celebrations of Religious Freedom Day on January 16th and other events to offer a clear, consistent, positive, and historically rooted alternative to the Christian Right’s redefinition of religious liberty.
  • Counter misinformation. Many conservative religious liberty claims rely on falsehoods, bogus history, and scare tactics. For example, clergy have never been forced under the law to perform any marriage of which they do not approve.
  • Urge candidates and elected officials to end legal justifications for all forms of discrimination under the rubric of religious freedom. This includes demanding that President Obama end discrimination by faith-based contractors justified by the Bush-era legal memo.
  • Consider international human rights standards regarding religious freedom and the rights of conscience. They are very strong and are consistent with a domestic agenda, and are part of the growing international dimension to this struggle.
  • Develop electoral answers to the Right’s long-term efforts to control various levels of government.

For the full list of recommendations, please see the Conclusion and Recommendations section below.

INTRODUCTION

Religious freedom is a central issue of our time. The Framers of the U.S. Constitution knew that just because they, the leading politicians of their day, hammered out some remarkable foundational language, that did not mean that it would be a settled matter.1 History and current events have proved them out.

Over the past decade, the evangelical Protestant Christian Right and American Roman Catholic bishops forged a lasting alliance to carve out vast arenas of American life where religious institutions, individuals, and even businesses would be free to discriminate, evade labor laws, and otherwise evade federal civil rights laws in the name of religious liberty.  Together these conservative forces seek to challenge not only a century or more of social advances, but many of the premises of the Enlightenment underlying the very definition of religious liberty in the United States.

Their goal is to impose a conservative Christian social order inspired by religious law.  To achieve this goal, they seek to remove religious freedom as an integral part of religious pluralism and constitutional democracy, and redefine it in Orwellian fashion to justify discrimination by an ever wider array of “religified” institutions and businesses.

By carving out legal zones of exemption from antidiscrimination laws and regulations, the Christian Right seeks to shrink the public sphere and the arenas within which the government has legitimacy to defend people’s rights, including reproductive and LGBTQ rights.  In this, it is aligned with the antigovernment strategy of free market libertarians and some powerful business interests, who also seek to restrict arenas where government can legally act.

Since Political Research Associates’ March 2013 report, Redefining Religious Liberty:  The Covert Campaign Against Civil Rightse,2 historic changes in the political and legal landscape have accompanied dramatic growth among the key actors of the Christian Right that we detail in this report.  The remarkable string of cultural, legislative, and legal victories by the LGBTQ community have further animated the Right’s defensive strategy aimed at exempting conservative Christians from having to accept certain advances in human and civil rights.

Since PRA published Redefining Religious Liberty: The Covert Campaign Against Civil Rights, historic changes in the political and legal landscape have accompanied dramatic growth among the key actors of the Christian Right.

Since PRA published “Redefining Religious Liberty: The Covert Campaign Against Civil Rights,” historic changes in the political and legal landscape have accompanied dramatic growth among the key actors of the Christian Right.

The Christian Right has sought to undermine and evade labor law by carefully building on the 2012 U.S. Supreme Court ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOCThe court ruled that the religious duties of a teacher fired in a discriminatory way insulated the mainline church school from antidiscrimination laws under the longstanding exemption of clergy under the Civil Rights Act.  It opened the door to expanding the definition of “ministry,” so that many more employees can be exempted from the protections of the law.

The Christian Right is already actively engaged in doing this – via a tactic termed “religification” by which an organization rewrites mission statements, contracts, and job descriptions in an attempt to exempt institutions from the law in as many ways as possible.  All this will undoubtedly face further court tests. But religification is already happening, as we will see.

For those of us who value religious pluralism and equality, it can be challenging to imagine that the Christian Right can appropriate and redefine religious freedom as justifying discrimination.3

Yet it is plainly visible in the U.S. Supreme Court’s 2014 Hobby Lobby ruling, which for the first time recognized limited religious rights for closely held, private corporations to deny the Affordable Care Act’s contraceptive mandate.  This ruling has transformed not only federal jurisprudence, but the national conversation about the meaning and scope of religious freedom.  One result was that the religious beliefs of the owners trumped the beliefs and health interests of their employees.

A statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, VA.

A statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, VA. Courtesy of ComputerGuy via Flickr

This and other legislative and judicial wins discussed in this report have altered our public discussion and policy on a wide range of issues, from access to abortion, to health services for children of immigrants who are victims of sex abuse, to matters of LGBTQ discrimination, including access to government services for routine processing of marriage licenses for legal same-sex marriage.

The ripple effects of all this appear almost daily in the news as major politicians seek to prove their conservative Christian bona fides.  “I believe that 2016 is going to be a religious-liberty election,” Senator Ted Cruz (R-TX) declared before a raucous crowd of some 7,000 Southern Baptists in October 2015.  “As these threats grow darker and darker and darker, they are waking people up here in Texas and all across this country.”4  Religious liberty was the key theme of many Christian Right events in 2015, including the national Values Voter Summit in Washington, D.C., the World Congress of Families held in Salt Lake City, and campaign rallies of Sen. Ted Cruz.  This is the new normal.

But most everyone to the left of the Religious Right is behind the curve in the face of these historic developments – from progressive issue organizations, the broad liberal/left, and the major political parties, including moderate Republicans.  The social justice community broadly speaking is also impeded by the perennial problem of issue and political silos (e.g. dividing reproductive justice vs. LGBTQ rights v. economic justice) even though it confronts a far more integrated program and strategy on the part of the Right.

The Christian Right’s ability to move its agenda has greatly increased in recent years, thanks in large part to the construction of a vast organizational infrastructure.

This report will outline the history of that strategy and recent trends, particularly in the legal arena, detail the growth of key Christian Right organizations carrying out that strategy, highlight promising countertrends, and suggest some ways forward.  As we will see, the Christian Right’s ability to move its agenda has greatly increased in recent years, thanks in large part to the construction of a vast organizational infrastructure of educational institutions, political and cultural organizations, and nonprofit legal networks, as well as key alliances within the Republican Party and the wider conservative movement.  We highlight the legal infrastructure because the opportunities created by recent U.S. Supreme Court decisions are among the main fruits of the Christian Right’s work of recent decades.

Let’s first state what religious freedom is so we can better understand how the Christian Right is appropriating it to advance their agenda. Religious freedom is the right of individual conscience; to believe as we will and to change our minds freely, without undue influence from government or from powerful religious institutions.  It also means the right to practice our beliefs free from the same constraints.  The right to believe differently from the rich and the powerful is a prerequisite for free speech and a free press, the other two elements of the First Amendment of the U.S. Constitution.  That is one reason why religious freedom is often called the First Freedom.  Religious freedom is integral to the idea of separation of church and state.  Separation exists not to limit religious expression, but to safeguard against creeping religious supremacism and the theocratic temptations that have persisted throughout American history into the present.

This report is a call to people of goodwill to consider that as a society, we are on a slippery slope towards the kinds of factionalism that concerned the Framers of the Constitution.  It is time for us to take a deep breath and consider the implications. 

BUILDING INFRASTRUCTURE FOR THE LONG GAME

The Christian Right’s power to reframe religious liberty as a justification of discrimination builds on decades of mobilization.  It had to recover from its great defeat, the case of Bob Jones University v. United States. 

Mobilizing to discriminate in Bob Jones

As recently as the 1980s, Christian Right activists defended racial segregation by claiming that restrictions on their ability to discriminate violated their First Amendment right to religious freedom.  They lost in a landmark Supreme Court case in 1983, Bob Jones University v. United States, that has shaped politics every since.  The U.S. Supreme Court ruled that the Greenville, SC-based, Christian fundamentalist school was not entitled to its federal tax exemption if it maintained its policy against interracial dating.

Bob Jones University entrance, Greenville, SC.

Bob Jones University entrance, Greenville, SC. Courtesy of John Foxe of English Wikipedia.

The case, which began during the Nixon administration, became a cause célèbre of the then-budding Christian Right as it advanced over the course of a decade.  The late conservative strategist Paul Weyrich and historian Randall Balmer, among others, credited Bob Jones as the catalyst that politicized a wide range of conservative evangelicals.  The “New Right” used Bob Jones as a political cudgel against Democratic President Jimmy Carter, turning many evangelicals against one of their own and contributing to the election of Ronald Reagan in 1980.5

Instead of African Americans being discriminated against by Bob Jones, the university argued it was the party being discriminated against in being prevented from executing its First Amendment rights.  The Supreme Court disagreed, declaring, “Government has a fundamental, overriding interest in eradicating racial discrimination in education…[which] substantially outweighs whatever burden denial of tax benefits places on [the University’s] exercise of their religious beliefs.”  The Court made clear, however, that its verdict dealt “only with religious schools – not with churches or other purely religious institutions.” 6

As Balmer and others have shown, even before the issues of abortion and homosexuality became the policy priorities of a newly politicized Christian Right, its leaders fought the perceived threat of racial equality at conservative Christian academies by claiming their religious freedom to discriminate.  This legacy should remind us that the Right’s religious liberty campaigns mobilize old arguments around new targets, and that their agenda extends beyond questions of contraception coverage, or marriage and nondiscrimination in the LGBTQ context. 

Building a political infrastructure for a counteroffensive

In the decades since Bob Jones, the Christian Right has catalyzed a conservative political realignment reflected in many ways in the composition of the U.S. Supreme Court.  One might reasonably wonder whether there might have been a different ruling in Bob Jones had Hobby Lobby been decided first.  However, it should also be noted that the court underscored that Hobby Lobby was not constructed to allow for religious justification for racial discrimination and their decision “provides no such shield.”  7

The mobilization around Bob Jones was part of the Christian Right’s long-term political development, when it pulled poorly mobilized evangelicals into civic engagement with visions of Godly governance.  Jerry Falwell’s Moral Majority and its successors emphasized electoral development, making the Christian Right an integral part of the GOP.  Beyond turning out current registered voters, they accomplished this by expanding the voter pool of conservative Christians and developing a class of people with the relevant skill sets and experiences to contend for power, particularly in their drive to become the dominant faction in the Republican Party.8  The Christian Right’s hands on the levers of power in government, either directly or by proxy through Republican alliances, made the job of civil rights and labor advocates that much harder.

Journalist Matthew Yglesias published an influential article in 2015 that paints a stark picture of how growing Republican control is creating opportunities for its Christian Right base.  He observes that “70 percent of state legislatures, more than 60 percent of governors, 55 percent of attorneys general and secretaries of state…are in Republican hands. And, of course, Republicans control both chambers of Congress.”9

It is a trend that appears likely to increase.  The Christian Right’s electoral plans for 2016 have long been in evidence. Here’s one brief example.  David Lane of the American Renewal Project has been developing Christian Right organizing and electoral capacity within the Republican Party for many years.  He is seeking to run 1,000 conservative Christian clergy for office at all levels in the next few years.  He claims to have held training conferences for more than 2,000 clergy in 2015 in the hows and whys of mobilizing their congregations for electoral impact. 10  Lane told Reuters in December 2015 that he was halfway to his goal of getting 1,000 pastors to run in down-ticket races.11

Then and Now: Flyer for Rally for Religious Liberty at Bob Jones University, No. 2015.

Then and Now: Flyer for Rally for Religious Liberty at Bob Jones University, No. 2015. Courtesy of https://www.tedcruz.org/ rsvp/rally/

Such campaigns seek not just to win elections, but to engage conservative Christians as a self-identified electoral force of lasting consequence.  Lane’s efforts are underwritten in part with $10 million from the families of Texas billionaires Farris and Dan Wilks.  The Wilks family has contributed another $15 million to a super PAC supporting the presidential campaign of Sen. Ted Cruz (R-TX).12  This super PAC is led by Christian Nationalist author and political operative, David Barton. 13

In contrast, Yglesias warns, “Democrats have nothing at all in the works to redress their crippling weakness down the ballot.”  The failure of everyone to the left of the Religious Right to develop an effective electoral response to all this is especially remarkable because journalists and other political observers have seen the situation developing for years.14

Manhattan Declaration: A Strategic Turning Point 

A transformational moment in the contemporary Christian Right’s approach to religious freedom was the November 2009 publication of the Manhattan Declaration:  A Call to Christian Conscience – a manifesto linking three interrelated themes of “freedom of religion,” “sanctity of life,” and “dignity of marriage.”15  The culmination of decades of theological and political development, conservative Roman Catholic and evangelical strategists (joined by junior partners in the Mormon Church and Orthodox Christianity) found sufficient common theological and political ground to wage not only the short term battles of the culture wars, but to envision a 21st century notion of Christian cultural conservatism – and a way to get there.  These actors in various combinations, and sometimes in alliance with elements of Orthodox Judaism, have been tactical partners over time.  This coalition was nonetheless a real achievement that crystallized a strategic direction deploying “religious freedom” to roll back advances in LGBTQ rights and reproductive justice.

Robert P. George is the primary author of "The Manhattan Declaration."

Robert P. George is the primary author of “The Manhattan Declaration.” Courtesy of Roanoke College via Flickr. License: https://creativecommons.org/licenses/by/2.0/

Originally signed by 150 Christian Right leaders (followed by a half million others), it has broadened, deepened, and sustained the Roman Catholic/evangelical alliance that led the culture wars for more than a generation.  Indicative of how far they had come in transcending centuries of distrust, 50 sitting bishops, archbishops, and cardinals – not merely a token prelate or two – joined top evangelical leaders in signing the Declaration.

The Declaration seeks to unify, rally, and mobilize the Christian Right:

We are Christians who have joined together across historic lines of ecclesial differences to affirm our right – and, more importantly, to embrace our obligation – to speak and act in defense of these truths.  We pledge to each other, and to our fellow believers, that no power on earth, be it cultural or political, will intimidate us into silence or acquiescence. [Emphasis in the original.]

The document essentially defines religious freedom as being only for people who believe as they do, and as under attack by those who believe differently.  They declare,

Christians confess that God alone is Lord of the conscience.  Immunity from religious coercion is the cornerstone of an unconstrained conscience.  No one should be compelled to embrace any religion against his will, nor should persons of faith be forbidden to worship God according to the dictates of conscience or to express freely and publicly their deeply held religious convictions.  What is true for individuals applies to religious communities as well.

This foundational idea expresses the rationale for religious exemptions from the law.  Although published in 2009, the Declaration reasonably anticipated one day having to respect the equality of LGBTQ people in, among other things, marriage and employment, and the broad development of antidiscrimination laws generally.

The Declarationists also foresaw further wrangling over the question of complicity in abortion via efforts to

weaken or eliminate conscience clauses, and therefore to compel pro-life institutions (including religiously affiliated hospitals and clinics), and pro-life physicians, surgeons, nurses, and other health care professionals, to refer for abortions and, in certain cases, even to perform or participate in abortions.  We see it in the use of antidiscrimination statutes to force religious institutions, businesses, and service providers…to comply with activities they judge to be deeply immoral or go out of business.”16

The "Manhattan Declaration" essentially defines religious freedom as being only for people who believe as the authors do, and as under attack by those who believe differently.

The “Manhattan Declaration” essentially defines religious freedom as being only for people who believe as the authors do, and as under attack by those who believe differently.

Albert Mohler, President of Southern Baptist Seminary, explained that although he abhors Roman Catholic doctrine, “we are facing an inevitable and culture-determining decision on the three issues centrally identified in this statement.  I also believe that we will experience a significant loss of Christian churches, denominations, and institutions in this process.  There is every good reason to believe that the freedom to conduct Christian ministry according to Christian conviction is being subverted and denied before our eyes.”17

One key message of the Declaration is that when conservative Christians are required to honor federal civil rights laws, profound opposition may be required. Invoking Martin Luther King, Jr.’s “Letter from a Birmingham Jail,” the Declarationists called for “resistance to the point of civil disobedience against any legislation that might implicate their churches or charities in abortion, embryo-destructive research or same-sex marriage.”18  Their promise of resistance has since been reiterated many times by top Christian Right leaders, such as Rick Warren, Tony Perkins, and Robert P. George.19  Others have raised the possibility of violence.20

George, a professor of jurisprudence at Princeton University and prominent Roman Catholic neoconservative, originated the Declaration.  A key movement strategist, George is also the founder and guiding light of a number of related institutions that have adopted the Declaration’s issue trinity, including the National Organization for Marriage, the Witherspoon Institute, the American Principles Project, and American Principles Action.  Signers of the Declaration include most of the leaders of the organizations mentioned in this report.

The three themes of the Declaration now frame the agendas of the major organizations of the Christian Right from the legal group Alliance Defending Freedom (ADF) and CitizenLink (the political arm of Focus on the Family) with its three dozen state affiliates,21 to the United States Conference of Catholic Bishops (USCCB).  The formula promises to define their common platform for the foreseeable future.

On the eve of the 2015 Obergefell v. Hodges decision of the Supreme Court that legalized marriage equality, Mat Staver, founder and leader of another Christian Right legal agency, Liberty Counsel, noted that the Declaration “anticipated what lay ahead” and that now “the future is here, and we are facing a fundamental conflict between the laws of Caesar and the laws of God.”22

LEGAL AND LEGISLATIVE PLAYERS AND TRENDS TODAY 

PRA’s 2013 report Redefining Religious Liberty exposed key organizations’ message framing, capacities, and goals. Since then, two major Christian Right law firms featured in that report, the Becket Fund for Religious Liberty and ADF, have played historic roles in advancing their agenda in transformational decisions of the U.S. Supreme Court.  The other major trend since 2013:  These and other Christian Right groups promoting “religious freedom” have grown in revenues and influence on the national stage, adding millions to their annual budgets in two or three years (see boxes). For smaller outfits like the Becket Fund and Liberty Counsel, this infusion substantially expanded their reach.

It is worth considering in this context that over the past three decades, Christian Right-oriented law schools have arisen that developed much legal talent for the long haul. Pat Robertson founded Regent University School of Law in Virginia Beach (1986) and the late Jerry Falwell established a law school at his Liberty University in Lynchburg, VA (2004).  In 1999, conservative Roman Catholic (and Domino’s Pizza magnate) Thomas Monaghan founded Ave Maria School of Law in Naples, FL.

This growing Christian Right legal infrastructure was fully engaged in these key legal developments since our 2013 report.

PROFILE: Alliance Defending Freedom (click to expand)

AllianceLogoAlliance Defending Freedom is a national legal network headquartered in Scottsdale, Arizona, led since its founding by Alan Sears.  It has long had a close relationship with the conservative evangelical group Focus on the Family and its national political arm, CitizenLink, along with its three dozen state affiliates.  As such it has been a vital hub in the development of legal and political talent.

ADF grew 21 percent from FY 2009 to FY 2012, increasing gross revenues from $34.7 million to $39.8 million.  ADF litigated Conestoga Wood Specialties v. Burwell, which the Supreme Court later consolidated with what became the historic Hobby Lobby case.

ADF employs around 50 lawyers and has provided continuing legal education training to more than 1,800 attorneys.  Since 2000, its Blackstone Legal Fellowships have trained more than 1,600 first-year law students from more than 225 law schools in 21 countries.  These internships aim to inspire a “distinctly Christian worldview in every area of law, and particularly in the areas of public policy and religious liberty.”

Thus it is fair to ask: What is this distinct worldview?  While the Blackstone program includes “natural law” as part of its legal and “worldview” curriculum, its recommended reading list features books by leading Christian Reconstructionist authors who advocate for transforming society according to “Biblical principles” in all areas of life, including politics and government.117 Numerous Blackstone alumni have risen to positions of influence in state and federal courts, the federal government, the United Nations, and international agencies.118

The ADF’s model Student Privacy Policy offers a highly individualized notion of religious exemption from civil rights laws, claiming, “Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, violate religious students’ right of conscience, and severely impair an environment conducive to learning.”  Its use of the term “opposite-sex” is clearly aimed at transgender students or in response to the introduction of trans-inclusive policies.119

Unsurprisingly, an international dimension to the struggle has emerged, with ADF launching a Global Initiative in 2010 to wage an “international fight for religious liberty for Christians and establishing a larger ADF footprint to accomplish this mission.”  ADF says it funds “human rights legal work” in Europe, North America, and South Asia.120  In so doing, it has worked in national and regional courts as well as the United Nations system. Since opening a regional office in Vienna, Austria, ADF has worked across Europe (and increasingly in Latin America) on issues of abortion, euthanasia, registration of churches, and homeschooling. In FY2012, ADF spent $6 million to build alliances with religious and secular organizations that share its interests. ADF’s 2013 annual report states:

ADF works with our allies to develop effective approaches to legal cases that could result in important state, federal, and U.S.  Supreme Court and foreign court precedents.  Our most important example of this is found in court actions upholding voter initiatives affirming the traditional definition of marriage, by defending the rule of law in our courts and governmental bodies.  ADF’s alliance has been on the leading edge of this effort.

As Gillian Kane reported in PRA’s quarterly, The Public Eye, this strategy of gaining precedents in international courts is working, with U.S. courts noting the cases in their decisions.121

PROFILE: The Becket Fund for Religious Liberty (click to expand)

becketfundThe Becket Fund for Religious Liberty, founded in 1994, grew 86 percent in just four years, with a gross revenue increase from $2.7 million in FY2009 to $4.75 million in FY2012.  It litigated and won the landmark cases of Hosanna-Tabor v. EEOC, Hobby Lobby Stores v. Burwell, and Holt v. Hobbs.  These cases are among the most important religious liberty cases in recent American history, and, as noted, challenge contemporary understandings of the First Amendment, with implications that are just beginning to be felt.

Its case docket includes seven that are follow-ups to the Hobby Lobby case, now consolidated into one that will reach the U.S. Supreme Court in 2016.122  The case, now named Little Sisters of the Poor Home for the Aged v. Burwell, challenges the procedure for seeking an exemption to the contraception mandate under the Affordable Care Act.  The Little Sisters, a Roman Catholic order, does not want to be “complicit” in abortion and contraception by having to fill out the simple form requesting an exemption from the law on grounds that this would facilitate the very acts to which it objects.  Becket’s cases will be presented by Paul Clement, Solicitor General during the administration of George W. Bush, who also argued the Hobby Lobby case.123  ADF has litigated two of the seven cases.124

In addition to its remarkable domestic record, the Becket Fund frequently litigates at the European Court of Human Rights (ECHR) in Strasbourg, France.  The ECHR is the primary international court designed to enforce the European Convention on Human Rights.125

PROFILE: Liberty Counsel (click to expand)

Liberty Counsel logoLiberty Counsel, founded in 1989 and headquartered in Orlando, Florida, is headed by Mat Staver, the (now former) longtime dean of the Liberty University School of Law.  (Liberty University is a rightwing evangelical school founded by the late Jerry Falwell.) Liberty Counsel grew 17 percent in three years, with an increase in gross revenue from $3.58 million in FY2010 to $4.20 million in FY2013.  Liberty Counsel has several related tax-exempt organizations, perhaps the most important of which is its political action arm, called Liberty Counsel Action (which is one of the organizational sponsors of the annual Values Voters Summit, the premier political conference of the Christian Right).  It grew 39 percent in two years, with an increase in gross revenue from $1.44 million in FY2011 to $2 million in FY2013.  Staver is perhaps best known for his legal defense of Kim Davis, the Kentucky county clerk who refused to issue same-sex marriage licenses in defiance of a federal court order.  The Southern Poverty Law Center has designated Liberty Counsel as a hate group, describing it as “a legal organization advocating for anti-LGBT discrimination under the guise of religious liberty.”126

PROFILE: Stanford University Law School Religious Liberty Clinic (click to expand)

stanford bannerIn an important mainstreaming move, the huge conservative philanthropy John Templeton Foundation funneled $1.6 million through the Becket Fund to establish a religious liberty clinic at Stanford University Law School. It opened in January 2013.  “In framing our docket, we decided we would represent the believers” rather than governments, the clinic’s founding director, James Sonne, told The New York Times:  “Our job is religious liberty rather than freedom from religion.”127

Douglas Laycock, a professor of law at the University of Virginia who keynoted the clinic’s opening, said it is not a religious liberty clinic in the full sense of the term. It is not litigating the separation of church and state, but instead focusing on the “free-exercise” of religion.128  The clinic has filed 13 amicus briefs, including two on behalf of the Becket Fund; the clinic often files amicus briefs on cases in which the Becket Fund has also filed briefs.129

PROFILE: The Freedom of Conscience Defense Fund (click to expand)

freedom of conscience defense fund logoThe Freedom of Conscience Defense Fund in Rancho Santa Fe, California, was founded in 2012. By FY2013 it reported gross revenues of $1.33 million.  Charles Limandri, President and Chief Counsel, provides legal services at the trial level to protect religious liberty and free speech.  The Roman Catholic-oriented organization often works with attorneys affiliated with Alliance for Defending Freedom.  It is providing pro-bono representation for David Daleiden and the Center for Medical Progress, the producer of the infamous anti-Planned Parenthood videos released in 2015.130

PROFILE: The Liberty Institute (click to expand)

Liberty InstituteThe Liberty Institute headquartered in Plano, Texas, was founded in 1972 as the Free Market Foundation.  It has since transformed into a national religious liberty advocacy group, pro bono legal network, and funding agency.  Headed by Kelly Shackleford, the Institute more than doubled its gross revenues in two years, from $3.63 million in FY2011 to $8.4 million in FY2013.  It is currently best known for the publication of manuals for “religification” of churches and other institutions as a form of legal inoculation against civil rights lawsuits.

institutional impact

Federal Religious Freedom Cases

The Hobby Lobby chain of retail arts and craft stores based in Oklahoma City, OK, won an important religious freedom case for the Christian Right.

The Hobby Lobby chain of retail arts and craft stores based in Oklahoma City, OK, won an important religious freedom case for the Christian Right. Courtesy of Nicholas Eckhart via Flickr. License: https://creativecommons.org/licenses/by/2.0/

In the 2014 Hobby Lobby case opposing the Affordable Care Act’s contraceptive mandate, the U.S. Supreme Court ruled for the first time that “closely held” for-profit companies with few shareholders have religious freedom – a right of the kind normally applied to individuals or religious organizations,23 and that this right may be applied in matters related to certain regulations of the Affordable Care Act.24  In so ruling, the Court gave some businesses the right to encroach on the religious liberty and workers’ rights of its employees while declaring exemptions from the law for themselves.

While commonly referred to as Hobby Lobby, it was actually a consolidated case involving Burwell v. Hobby Lobby Stores Inc. and Conestoga Wood Specialties Corp. v. Burwell.  ADF represented Conestoga Wood Specialties and the Becket Fund represented Hobby Lobby.  Often overlooked is that the Court also allowed the religious views of the owners of these companies to trump medical science in claiming that the four contraceptives at issue – two kinds of birth control pills and two kinds of intrauterine devices – were abortifacients.25  An amicus brief submitted by medical associations, including the American College of Obstetricians and Gynecologists, stated that notwithstanding the personal views of the company owners regarding when life begins,

The medical and scientific communities define pregnancy as beginning upon implantation. While personal beliefs may dictate individual choices and values, they cannot alter established scientific standards and terminology:  abortion refers to the termination of a pregnancy.  Thus, the term ‘abortifacient’ refers to — and should only be used in connection with — drugs or devices that end a pregnancy, not those that prevent it.26

The result is that Hobby Lobby, et al. redefines what pregnancy is, and therefore what abortion is. This may become a further issue with religious claims once again trumping the religious rights and health needs of women as further litigation tests the reach of Hobby Lobby.  Feminist author Patricia Miller writes that although it was evangelicals who defeated the contraception mandate, they had a lot of Roman Catholic help. Indeed, the Catholic bishops had long “sought a broad-based conscience clause that would allow any employer or insurer to refuse to cover contraceptives for any religious or moral objection.”  They may now have one. 27

Americans United for Separation of Church and State used the hashtag #FreedomFraud to comment on the Hobby Lobby case.

Americans United for Separation of Church and State used the hashtag #FreedomFraud to comment on the Hobby Lobby case. Courtesy of www.au.org

In its decision, the Court relied on the bipartisan 1993 federal Religious Freedom Restoration Act (RFRA), which was intended to protect individuals against government actions.  RFRA set a high standard in which policymakers may not “substantially burden” a person’s exercise of religion unless they can show a “compelling governmental interest” and that the policy was the “least-restrictive means” of achieving it.  Hobby Lobby reinterprets that standard to allow not just individuals but third parties such as businesses to make claims of religious exemption from various laws.  As Professor Marci A. Hamilton of Yeshiva University’s Benjamin Cardozo School of Law noted, this interpretation of RFRA “dramatically increases the rights of religious believers against all laws as compared to the First Amendment.” 28

Hobby Lobby also relied upon a less well known law unanimously passed by Congress and signed by President Bill Clinton in 2000: the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Court cited RLUIPA in the first paragraph of its Hobby Lobby decision.

A unanimous U.S. Supreme Court decision in 2015 that was widely deemed a reasonable accommodation of religion also relied on RLUIPA.  Holt v. Hobbs (litigated by the Becket Fund, and argued by Professor Douglas Laycock of the University of Virginia Law School29), allowed an Arkansas prison inmate to grow a half-inch beard (even though beards were against prison regulations) because his Muslim faith required it.  The ruling, which relied on RLUIPA, was widely deemed a reasonable and uncontroversial accommodation of prisoner Holt’s religion.  It was, however, a significant judicial ratification of the language of RFRA and RLUIPA expanding the scope meant by the “exercise of religion.” 30

State-level Religious Freedom Restoration Acts

The original purpose of the federal RFRA was to restore individual religious liberty, seen to have been taken away in the 1990 Supreme Court case Employment Division v. Smith.  This case involved Native Americans denied state unemployment benefits in Oregon because they had been fired as state drug counselors for using the illegal drug peyote in traditional religious ceremonies.  The Court ruled that they had no legal recourse, so Congress in 1993 sought to narrowly set a standard essentially reversing the Smith decision via RFRA.

After the Supreme Court limited the scope of RFRA to the federal government (in the case of City of Boerne v. Flores),31 civil rights activists got versions of the legislation passed in 21 states.  Most of these were identical or similar to the original federal RFRA, but in the wake of the Hobby Lobby decision, Christian Right groups sought to pass state-level RFRAs that would allow third parties such as businesses to claim religious exemptions from laws.  This was particularly aimed at businesses that did not want to participate in any way in same-sex marriage.  In 2014, the legislation failed in several states, but passed in Mississippi, where it remains on the books.  In 2015, state RFRAs passed only in Indiana and Arkansas. Justice Ruth Bader Ginsburg, dissenting in Hobby Lobby, warned, “The court’s expansive notion of corporate personhood invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faiths.”  Her concerns were realized in the efforts to insert Hobby Lobby-ized provisions into state RFRAs. 32

A national controversy erupted in Indiana in March 2015 following the passage of a state RFRA which seemed to justify anti-marriage equality discrimination.  (Nineteen original sponsors of RFRA were so outraged by this trend that they withdrew their support for the act.33 )The bill was modified in April to ensure that was not the case.34  A standard RFRA has so far failed to pass the legislature in Michigan.  Instead, the state enacted legislation in June 2015 that allowed adoption agencies that contract with the state to decline service to prospective parents on religious grounds.  The principal beneficiaries of the legislation were the evangelical Bethany Christian Services and the Michigan Catholic Conference, which together reportedly provide 25 to 30 percent of adoptions in the state.35  Catholic agencies in several states, beginning in Massachusetts a decade ago, previously withdrew from providing state contracted adoption services rather than conform to state law upholding LGBTQ equality and recognizing same-sex marriages. 36  These are the kinds of exemption controversies we are likely to see for the foreseeable future, following from other such efforts to legalize LGBTQ discrimination without consequences for the discriminating party.37

Obergefell v. Hodges

Supporters en route to the Marriage Equality Rally on the day of Obergefell v. Hodges case oral hearings at the U.S. Supreme Court in Washington D.C., April 28th 2015

Supporters en route to the Marriage Equality Rally on the day of Obergefell v. Hodges case oral hearings at the U.S. Supreme Court in Washington D.C., April 28th 2015. Courtesy of Elvert Barnes Protest Photography via Flickr. License: https://creativecommons.org/licenses/by-sa/2.0/

The landmark decision of the U.S. Supreme Court that legalized same-sex marriage nationally in June 2015 was a major defeat for the Religious Right, but one for which they were prepared.  As we will see, their political and legal contingency plans are now appearing all over the country, as activists invoke new forms of conscientious objection, and private spaces and places are being turned into legal bastions against the wider culture in which abortion and contraception are legal, and LGBTQ equality is mainstreamed.  The Christian Right is now busy seeking to limit the implementation of the decision and to make it as unworkable as possible, in part by attempting to subject it to a death of a thousand exemptions.

Fighting for Religious Freedom in North Carolina

A pivotal North Carolina court case from 2014, General Synod of the United Church of Christ v. Reisinger, demonstrates that the Christian Right does not get to define Christianity and that LGBTQ equality can, in fact, express the sacred.

At issue was a 2012 amendment to the North Carolina state constitution asserting that same-sex marriages were invalid.  Together with the state’s general statutes, this amendment effectively criminalized the performance of same-sex marriage ceremonies. The upshot of the subsequent legal fight was that the million-member United Church of Christ (UCC), a mainline Protestant denomination with more than 5,000 local churches, won a clear victory for both marriage equality and religious liberty.  The UCC engaged the foundational values of religious equality and equal protection under the law that bind this diverse and often fractious nation.

“By depriving the Plaintiffs of the freedom to perform religious marriage ceremonies or to marry,” the UCC complaint read in part, “North Carolina stigmatizes Plaintiffs and their religious beliefs.”  The complainants also argued that the law relegated same-sex couples “to second-class status.”  Along with same-sex couples, plaintiffs also included the Alliance of Baptists, the Association of Welcoming and Affirming Baptists, and the Central Conference of American Rabbis, and clergy from several traditions, including Episcopal, Lutheran, and Unitarian Universalist.

The complaint continued:

The laws forbidding same-sex marriage tell Plaintiffs that their religious views are invalid and same-sex relationships are less worthy, thus humiliating each Plaintiff and denigrating the integrity and closeness of families and religious organizations, depriving Plaintiffs of the inclusive religious community of family units they wish to establish.38

Had the amendment stood, UCC clergy and others who routinely perform same-sex marriage ceremonies could have been subject to criminal prosecution.  “We didn’t bring this lawsuit to make others conform to our beliefs,” UCC General Counsel Donald C. Clark, Jr. told The New York Times, “but to vindicate the right of all faiths to freely exercise their religious practices.”39

After a complicated legal trajectory, U.S. District Court Judge Max O. Cogburn Jr. issued a final decision after the U.S. Supreme Court declined to hear an appeal by the state in another case.  He wrote, “It is clear [that these laws,] threatening to penalize those who would solemnize such marriages, are unconstitutional.”

Cogburn’s ruling underscores an idea that transcends the issues of the day:  that religious liberty is only possible in the context of religious pluralism.

Since then, a fresh suit filed in 2015 challenges the constitutionality of a related North Carolina state law.40  This law allows magistrates responsible for performing marriages to not only self-exempt themselves for religious reasons, but spend state funds in support of their choice.  The state would spend money to bring in a willing magistrate to perform the wedding or if necessary, issue the license if every official in a given jurisdiction declines to perform a ceremony.  The legislation also pays retirement benefits for the time out of office of those who resigned as a matter of conscientious objection but were later reappointed after the law took effect.  Among the plaintiffs are a same-sex couple from the Reisinger case and an interracial couple barred from marrying in the era of miscegenation laws.

About 5 percent of North Carolina’s roughly 670 magistrates had filed recusal paperwork as of September 2015.41 Utah is the only other state currently allowing religious-objection opt outs for court officials.

‘RELIGIFICATION’ AND ZONES OF EXEMPTION

In the ever-shifting terrain of the so-called culture wars, the Christian Right is seeking to minimize its losses and consolidate its reserve strengths by seeking individual, institutional, and territorial exemptions from laws and regulations on religious grounds so they do not have to follow the same rules as the rest of society.  These overlapping exemptions threaten to give rise to theocratic zones of control violating the religious liberty of those who find themselves under their sway.  By opposing government sovereignty, the zones also would feed into the antigovernment efforts of free marketeers who oppose government regulation.

Individual Exemptions

In the United States, religious liberty historically has been considered first and foremost a right for individuals.  Individuals are free to believe as they will, shielded from the undue influence of powerful religious institutions or the government.  This was not intended as an exemption from the law.  Everyone from Thomas Jefferson and James Madison to the U.S. Supreme Court has made clear that freedom of conscience is limited in some areas of conduct.  But the religious and political Right are increasingly turning to civil libertarian ideas to seek exemption from the legal norms of society, even at the expense of the rights of others.

President Obama and Pope Francis in Washington D.C., September 2015

President Obama and Pope Francis in Washington D.C., September 2015. Image courtesy of the White House..

Supported by Christian Right institutions, individual pharmacists and health workers have sought exemptions to avoid being “complicit” in abortion and contraception. Similarly, government workers and elected officials have sought to gain exemption from executing same-sex marriages.   Sometimes they make headlines.  Kentucky County Clerk Kim Davis went to jail (briefly) rather than have her office issue same-sex marriage licenses. Some probate judges in Alabama invoked a segregation-era law to stop issuing all marriage licenses in their counties to avoid issuing same-sex marriage licenses: an all-White Alabama legislature passed the 1961 law making it optional for counties to issue marriage licenses, so judges could avoid issuing licenses to interracial couples.  As of October 2015, at least nine of Alabama’s 67 counties have quit issuing marriage licenses since the June Obergefell decision.42

Legislatures are also weighing in.  In North Carolina, the Family Policy Council (the state political affiliate of Focus on the Family) wrote a bill allowing clerk magistrates and registers of deeds to ask a judge to “recuse” them from performing all marriages by stating that performance of same-sex marriages would violate their religious beliefs.  It passed over the governor’s veto and, as mentioned, is now in the courts.  Even though the reason for the recusal may be same-sex marriage, the aim is apparently to avoid charges of discrimination since these elected officials would recuse themselves from participating in all marriages.43

Even before Obergefell legalized same-sex marriage nationwide, the Christian Right was preparing conscientious objection strategies based on existing law in several states.  In 2012, for example, ADF advised that officials responsible for issuing marriage licenses in Maine, Maryland, and Washington did not have to violate their religious conscience by personally issuing licenses to same-sex couples.  They said existing state laws allowed them to delegate responsibility for issuing the licenses to others who do not have conscience-based objections.44  No one took them up on it, and not all states have such provisions for conscientious objection.  But the utility of the idea as a tactic became clear as marriage equality advanced.

Pope Francis highlighted religious freedom and the right to conscientious objection during his widely celebrated U.S. visit.  The pontiff discussed religious liberty during his visit to the White House, in his address to Congress, and especially in his speech in front of Independence Hall in Philadelphia.45  On the flight back to Rome, Terry Moran, Chief Foreign Correspondent for ABC News, asked him about government officials who refuse to perform their duties because of religious objections to same-sex marriage.  The Pope replied that “conscientious objection must enter into every juridical structure because it is a right, a human right.”46  Soon afterward, news broke of his secret meeting with Kim Davis (which has since led to much speculation, confusion, and controversy,47 with the Vatican asserting “his meeting with her should not be considered a form of support of her position in all of its particular and complex aspects.”).48

Religious Freedom rally in Washington D.C., 2012.

Religious Freedom rally in Washington D.C., 2012. Courtesy of American Life League via Flickr. License: https://creativecommons.org/licenses/by-nc/2.0/

There was no ambiguity in Pope Francis’ visit with the Little Sisters of the Poor while he was in Washington, D.C.  “This is a sign, obviously of support for them [in their court case against the contraception waiver under the Affordable Care Act]” said Father Federico Lombardi, SJ, the head of the Vatican Press Office.  “In this sense,” he added, “it is connected also to the words that the Pope has said in support of the Bishops of the United States in the speech to President Obama.”49

No one should be surprised.  In 2014, Francis slammed as “bastardized” any definitions of marriage and family that do not comport with Church teaching, including “new forms” of unions which are “totally destructive and limiting the greatness of the love of marriage.”50

Meanwhile, the notion of accommodation took a different turn in Utah in April 2015.  The state legislature passed a workplace and housing nondiscrimination law with strong religious exemptions, co-written by civil rights groups and the Church of Jesus Christ of the Latter Day Saints or LDS (commonly known as the Mormon Church).  As PRA reported at the time, the Mormons collaborated with conservative legal theorist Robin Fretwell Wilson to help draft it.  The bill added sexual orientation to the list of protected classes against whom employers and landlords cannot discriminate – but exempted faith-based schools, hospitals and organizations from conforming to the law.51

PRA Communications Director Eric Ethington criticized the “compromise” as a “watered-down nondiscrimination law” that undermines the LGBTQ and other minority communities.  The price, he noted, was the de facto “endorsement by high-profile LGBTQ groups of the Right’s false contention that religious freedom is somehow at odds with LGBTQ rights, requiring a compromise.” 52

The Church capitalized on the situation, secretly writing a second bill that granted county clerk employees a religious exemption from processing same-sex marriage licenses, as long as there was someone else in the office available to do the job.  The Mormon Church then told lawmakers that if it didn’t also pass, the Church would withdraw its support for the so-called nondiscrimination law.  Human rights groups were caught flat-footed and reluctantly released a statement saying they “did not oppose” the second bill.

Revealing a tension between the Christian Right’s notion of religious liberty and the LDS Church’s belief that it must always conform to the law, Mormon Elder Dallin H.  Oaks, a member of the Quorum of the Twelve Apostles of the church, said that public officials “are not free to apply personal convictions – religious or other – in place of the defined responsibilities of their public offices.”  Apparently referring to the Kim Davis episode, he added, “A county clerk’s recent invoking of religious reasons to justify refusal by her office and staff to issue marriage licenses to same-gender couples violates this principle.”53

One way that the Christian Right is developing and promoting legal justifications and popular messaging is by publishing legal guides for individuals and institutions in order to generate popular resistance to legal and cultural safeguards against religious supremacy.  For example, there has always been (and probably always will be) a degree of tension about when and how students and staff can engage in religious expression in public schools.  But Liberty Institute is ramping up its efforts to expand reasonable accommodation, issuing a Religious Liberty Protection Kit for Students and Teachers.

The booklet addresses a range of issues, from religious expression in class to Christmas celebrations.  While not all of the information is incorrect, it is premised on the notion that a creeping antireligious secularism in the schools must be combated because, the Institute claims, it results in rising “crime and suicide rates…in our schools while academic scores and career readiness are falling.”54  This too, is a carefully worded retread of a long disproved meme, linking the elimination of official school prayer to crime and other negative social and economic indicators. It is a meme that, like the claim of creeping secularism and its variants, falls apart under scrutiny.55  It also conveniently ignores the high incidence of bullying and suicide among LGBTQ students.

Religious liberty struggles are also expanding in the military.  Here Christian Right groups resist the protection of the constitutional rights of all with demands for accommodation and legal exemptions for Christian expression – largely proselytizing – and religious coercion by the chain of command.

Tony Perkins and Lt. Gen. (Ret.) William G. “Jerry” Boykin of the Family Research Council claim that: “pressures to impose a secular, anti-religious culture on our nation’s military services have intensified tremendously during the Obama Administration.”  They attribute this to targeting of the military by “anti-Christian activists.”56

In 2013, the Washington, DC-based Family Research Council (FRC) published A Clear and Present Danger:  the Threat to Religious Liberty in the Military as a prelude to launching a coalition made up of about two dozen Christian Right political and legal groups to address these issues.57  This was at once an effort to control the definition of religious freedom in the military context, and a response to the Military Religious Freedom Foundation (MRFF), which opposes religious intimidation and coercion by people in positions of power (usually evangelical Christians) within the U.S. military. One group has alleged, for example, that MRFF is an “Anti-Christian Bigotry Group,” and that MRFF uses “lawsuits and intimidation to silence any reference to Christianity from the public square.”58

Tony Perkins and the Family Research Council published a 2nd edition of "A Clear and Present Danger" in 2015.

Tony Perkins and the Family Research Council published a 2nd edition of “A Clear and Present Danger” in 2015.

Liberty Institute screens requests from members of the armed services for legal assistance, and refers potential cases to members of the coalition’s legal team and network of attorneys.  The Institute produced a Religious Liberty Protection Kit for the U.S. Military, which emphasizes the key terms of RFRA and the recent court decisions hinging on it.  Specifically, consistent with the language of RFRA (and RLUIPA) via Hobby Lobby, it claims that the military must accommodate “sincerely held religious beliefs” and that the government may “deny… religious expression only when it can show a compelling governmental interest and uses the least restrictive option in accomplishing that interest.”59

Institutional Exemptions

The notion that businesses, schools, and other institutions have a right to the religious freedom accorded religious institutions and individual clergy is a key ground of contestation in the wake of the U.S. Supreme Court decisions relying on its interpretation of RFRA.

The Court’s Hobby Lobby decision concluded that private, for-profit businesses may be exempted from the law, but the ruling did not spell out how far religious liberty claims of exemption could go, and is likely to be tested in the courts for years to come.  The Little Sisters of the Poor case involves refusing to file the paperwork to request a religious exemption from the mandate.  The federal government has made clear that the exemption would be granted, but the Becket Fund is arguing that it violates the order’s conscience even to have to request it.60

Beyond this the Christian Right is seeking to advance its agenda by expanding the definition of ministry.  Their legal groups’ key tactic is to build on the unanimous 2012 U.S. Supreme Court decision in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (EEOC).

Briefly, in Hosanna-Tabor, a mainline Lutheran-owned school fired a social studies teacher over a disability, leading to the teacher’s claim that she suffered from discrimination.  The church argued that the government had no right to intervene in its employment decisions since the teacher served in a ministerial capacity because she was “called” by the church (unlike lay teachers in the school), led students in prayer three times a day as part of her duties and taught religion four times a week.  The Court agreed, extending the longstanding “ministerial exception” to the teacher, and saying that relationship trumped any unlawful discrimination charge.61  It thus raised Christian Right hopes that the Court will stretch the notion of ministry even more in the future.  The words of Chief Justice John Roberts who authored the decision were encouraging.  The court had opted not to “adopt a rigid formula for deciding when an employee qualifies as a minister.”  The limited time the social studies teacher spent on religious duties was sufficient, in the view of the court, to define the role of a teacher as one of ministry.

“Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision,” wrote Roberts. “By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments.” 62

Christian Right leaders and advocates for the interests of religious institutions saw Hosanna-Tabor as a “great victory” and a departure from “the usual focus on the religious rights of individuals.”63  Dr. C. Peter Wagner, the evangelical founder of the theocratic New Apostolic Reformation 64 and a longtime professor of church growth at Fuller Theological Seminary, observed that: “not only churches, but ministries supported by the church are included in this ruling.  Schools are specifically mentioned, but how about a number of other kinds of ministries attached to our churches and apostolic networks? I would think they would fall under the same umbrella.” 65  Mormon apostle Dallin H. Oaks said he found “comfort” in the decision, against thethreat” of governmental actions that he believes “are overshadowing the free exercise of religion by making it subordinate to other newly found ‘civil rights.’” 66

The Wall Street Journal editorialized, “The case is arguably among the most important religious liberty cases in a half century, and the concurrence of Justices across the ideological spectrum will be felt for years. Hallelujah.”67  The Becket Fund called it “the greatest religious liberty case in 50 years.”68  They may not be wrong about its significance – even though many opponents of the Christian Right agree that the Court ruled correctly in the case.

The Christian Right is already exploiting the open-endedness of the Court’s definition of ministry.  The extent to which religiously affiliated institutions such as schools, charities, hospitals, and perhaps even for-profit businesses can define employees as ministers is now an active question – certain to be tested – as conservative religious movements and leaders seek to carve out zones of exemption from the advance of secular law, equality, and accountability.

The practical effects of Hosanna-Tabor are already being felt as several Roman Catholic dioceses have sought to reclassify teachers and other Catholic school employees as part of the “ministry” of the church.69  This religification was on vivid display in early 2015, when Archbishop Salvatore Cordileone of San Francisco, following Roman Catholic prelates in Cincinnati, Cleveland, Honolulu, and Oakland, declared that teachers in the Catholic schools will be required to conform to Catholic teaching in their personal lives.  (As chair of the Subcommittee for the Promotion and Defense of Marriage of the USCCB, Cordileone is a leading culture warrior.)70  Cordileone wanted unionized employees to accept contract and faculty handbook language against homosexuality, same-sex marriage, abortion, contraceptives, and artificial insemination.  He also said that all Catholic school employees – even non-Catholics – must conform with and not contradict Church teachings.71  Cordileone’s initiative was met with resistance in San Francisco, but the future battle lines in San Francisco and beyond are clearly drawn.

As employers, religious institutions themselves are subject to labor laws, including the Fair Labor Standards Act, federal income tax, and Social Security withholdings.  But in recent years, a number of Roman Catholic colleges and universities have claimed, for example, that the National Labor Relations Board lacks jurisdiction over union organizing among their workers.72  They have thus far not succeeded, but they will surely continue testing the breadth and depth of implications of the Hosanna-Tabor decision.73

Cordileone’s attempts to religify San Francisco’s Catholic school employees were in fact part of a larger effort by the Christian Right to “religify” religious – and also nonreligious – institutions and businesses by linking them and their employees to ministerial duties.74  The tactic aims to advance and consolidate Christian Right gains at the Supreme Court, and stanch other losses.

Christian Right legal groups are issuing manuals for conservative churches and other organizations to inoculate themselves against private lawsuits and government enforcement of civil rights laws.  Under the rubric of religification, the Liberty Institute urges institutions to specify, document, and enforce their beliefs as a defensive tactic against feared legal attacks.  This includes:

…examining articles of incorporation, bylaws, employee handbooks, policies & procedures, independent contractor agreements, and other documentation to ensure that churches, ministries, and faith-based businesses are prepared and protected against legal and financial ruin from individuals and organizations who are offended by traditional religious viewpoints—and seek to litigate employment or discrimination claims to further a larger political or cultural agenda. 75

Having lost the main legal battle over marriage equality in the United States, the Christian Right is hunkering down for what they foresee as a long siege against conservative Christian churches, businesses, and organizations on this, and a range of concerns.  The Liberty Institute’s religification manuals demonstrate that Christian Right leaders of the culture war intend to fight LGBTQ rights and marriage equality in the states, in the towns and cities, and in many kinds of institutions for years to come.

Alliance Defending Freedom and the Ethics & Religious Liberty Commission co-published "Protecting Your Ministry From Sexual Orientation Gender Identity Lawsuits."

Alliance Defending Freedom and the Ethics & Religious Liberty Commission co-published “Protecting Your Ministry From Sexual Orientation Gender Identity Lawsuits.”

In 2015, the Alliance Defending Freedom (ADF), joined forces with the Ethics & Religious Liberty Commission (ERLC) of the Southern Baptist Convention to issue another such handbook, urging religification by revising documents – from employee job descriptions to facility rental agreements – for churches and related institutions. Workers and volunteers should be reclassified under a broad redefinition of “ministry,” and institutional functions should be cast in terms of religious doctrine.  The goal is to qualify for broad “ministerial exemptions” from the law.76

The ADF and ERLC handbook, Protecting Your Ministry from Sexual Orientation and Gender Identity Lawsuits:  A Legal Guide for Southern Baptist and Evangelical Churches, Schools, and Ministries, anticipates needing to “engage a hostile social and political culture… amid the gathering spiritual darkness.”  Consistent with the dualistic framing that pits LGBTQ rights against religious freedom, the ERLC claims, “A new concept – that “sexual liberty” trumps religious freedom – has begun to impact churches, ministries, and Christians across this nation.”77

The Liberty Institute sees it as “not a matter of if but when religious institutions will be faced with damaging, anti-religious legal attacks.”78  [Emphasis in the original.]  To prepare, the Institute advises institutions from churches and synagogues to fraternities and for-profit corporations to “religify.”79

The Institute has also issued Religious Liberty Protection Kit for Christian Schools, which, like their manual for churches, “provides templates and guides for writing legally defensible statements of faith, mission, purpose, school bylaws and constitutions, and more.”80  The Institute plans to issue similar manuals for nonprofit organizations, businesses, and even fraternities and sororities.81

The Southern Baptist manual suggests assigning “… employees duties that involve ministerial, teaching, or other spiritual qualifications – duties that directly further the religious mission.  For example, if a church receptionist answers the phone, the job description might detail how the receptionist is required to answer basic questions about the church’s faith, provide religious resources, or pray with callers.”82

While the courts may not buy the idea that a receptionist can be reasonably construed as a minister in the legal sense, this is the kind of thinking that is permeating the conservative Christian world in the wake of Hosanna-Tabor.

This religification project has immediate implications on matters of sexual identity. The Liberty Institute’s template titled “Statement of Faith:  Marriage and Human Sexuality” advances a strident, exclusivist, and detailed doctrine identifying permanent, heterosexual marriage or celibacy as the only acceptable parameters of human sexuality, stating,

All of our members, employees, and volunteers must affirm and adhere to this Doctrinal and Religious Absolute statement on marriage and human sexuality to qualify for involvement with the ministry.  This is necessary to accomplish our religious mission, goals and purpose.83

The Institute’s Facility Use Policy agreement would require outside groups and individuals to conform to a given church’s views on faith, marriage, sexuality, and gender identity.  This is intended to help these institutions avoid “legal and financial ruin” due to the activities of “individuals and organizations that are offended by traditional religious viewpoints and seek to litigate employment or discrimination claims to further a larger political or cultural agenda.84  The goal, they say is to be able to “prove the sincerity of their faith – and protect themselves from coming legal attacks.”85

"Religious Liberty Protection Kits" published by the Liberty Institute.

“Religious Liberty Protection Kits” published by the Liberty Institute.

The Baptists claim that a reason for such measures is that malevolent intentions lurk behind the passage of local LGBTQ anti-discrimination ordinances.  These laws “are not designed for the innocent purpose of ensuring all people receive basic services,” they claim.  “Rather, their practical effect is to legally compel Christians to accept, endorse, and even promote messages, ideas, and events that violate their faith.”  The manual avers that religification cannot inoculate institutions from “all attacks by marriage counterfeits and those advocating for complete sexual license.”  But it concludes that these measures might place an organization in a “more defensible legal position should it face a lawsuit for discrimination.”86

This is also the goal of conservative Christian colleges that receive federal funds seeking exemption from Obama administration guidelines regarding matters of sex and gender identity, homosexuality, and marital status.  Like other religifying institutions, the schools are seeking to put themselves in the most legally defensible position they can if they are sued for discrimination.

These requests follow a religification-style template produced by the Springfield, VA-based Christian Legal Society, an early Christian Right legal project founded in 1961 that has specialized in education cases and wider religious freedom matters since 1980.

The U.S. Department of Education’s Office of Civil Rights granted waivers to 27 religious colleges and universities in 17 states in 2014 and 2015.  Most of these are conservative evangelical schools.  Some are Roman Catholic.  More applications are reportedly pending.  The waiver granted to the Southern Baptist-affiliated Carson-Newman University in Jefferson City, Tennessee, includes women who have had an abortion or who may be pregnant.87

When the U.S. Congress passed Title IX in 1972 to combat discrimination based on sex in education, Congress stipulated that a school that is “controlled by a religious organization” may be exempt if compliance “would not be consistent with the religious tenets of such organization.”

Such requests were rare until 2014 when the Obama administration issued guidance that the Title IX discrimination prohibition extends to transgender and gender nonconforming people. 88

Belmont Abbey College, a Benedictine Catholic school near Charlotte, NC wrote regarding their policies on gender, sexual identity, and marital status, “We will make institutional decisions in light of this policy regarding housing, student admission and retention, appropriate conduct, employment, hiring and retention, and other matters.”89

Biola University (founded as the Bible Institute of Los Angeles) requires its faculty to sign a statement of creedal conformity; and requires non-faculty employees to state in what ways they are in disagreement and their reasons why.  Their views on abortion and on traditional marriage are deemed non-negotiable and “require the full agreement and support of all employees.” 90

All of these religification measures aim to allow institutional leaders to at once justify and compel their institutions, staff, and students into deeper conformity with contemporary religious orthodoxies, including those at odds with the civil and Constitutional rights of others.

Exceptional Exemptions in Indiana (click to expand)

Indiana is a hotbed of conflict over the politics of exemptions as this report goes to press. At stake are both a state version of RFRA and whether the statehouse can preempt and limit local LGBTQ nondiscrimination ordinances.

In 2015, after public outcry, Indiana’s legislature amended a state RFRA it had just passed, specifying that the new law was not intended to legalize discrimination.  The law had allowed for third parties, specifically businesses, to claim a right to discriminate if their owners had sincerely held religious beliefs against same-sex marriage.  The so-called RFRA fix131 also clarified that it would not supersede local antidiscrimination ordinances.

But the story does not end there.  Two Christian Right groups, the Indiana Family Institute and the American Family Association of Indiana, filed a federal lawsuit arguing that the amendment to the state RFRA is unconstitutional.  They claim that specifying that RFRA does not afford anyone room to discriminate not only violates their religious liberty, but also their freedom of conscience, right to free speech and association, equal protection under the law, and right to due process.

The lawsuit also challenges the constitutionality of the city ordinances passed by Indianapolis a decade ago and Carmel in 2015, which banned discrimination based on sexual orientation and gender identity.  The suit contends that protecting the rights of LGBTQ people in nondiscrimination laws violates the religious freedom of those who oppose homosexuality, as does the RFRA “fix.”  “The ‘fix’ makes people of faith second-class citizens,” according to Indiana Family Institute president Curt Smith.  The Institute’s attorney, James Bopp Jr., further claims that the government is protecting LGBTQ-friendly religions while other religions will “suffer government punishment if they don’t fall in line” and that “this discrimination between religious views is unconstitutional.” 132

Many leaders of the Christian Right do not in fact believe in civic equality for those with whom they religiously disagree or otherwise do not approve.  Indeed, the suit claims that by barring individuals and businesses from discriminating against LGBTQ people in employment, housing, and public accommodations, local antidiscrimination ordinances in Indiana compel conservative Christians “to associate with activities and social, political, and ideological messages with which they disagree, which are substantial burdens on free association.”

This pitting of the religious rights of some against the civic equality of others is at the heart of many contemporary disputes about the meaning of religious freedom.

In the second conflict, a bill before the Indiana state legislature would ban local jurisdictions (cities, towns, and counties) from enacting their own laws governing everything from land use to minimum wage and other workplace issues, as well as LGBTQ non-discrimination ordinances. Such measures are part of a significant trend.  Nearly all states, PRA’s Mariya Strauss reports, “have already done away with cities’ and towns’ ability to pass local gun control laws; not quite as many states have blocked local control of tobacco, e-cigarettes, and environmental regulations.”133

Borrowing from anti-LGBTQ policies established in Arkansas earlier this year and Tennessee in 2011, the proposed legislation in Indiana would prohibit local ordinances that would be “more stringent or otherwise in conflict” with the bill.134  The bill also borrows from the controversial “First Amendment Defense Act,” introduced but not passed by Congress (see page 23 of this report).  The bill would provide broad religious exemptions for individuals and organizations to discriminate, including adoption agencies, nonprofit schools, and religiously affiliated organizations “that provides social services or charitable services.”135

That such obvious discrimination is being so blatantly cloaked in a broad religious freedom claim is extraordinary.  Yet Indiana Republicans claim the coarse bigotry in “Senate Bill 100 is a good-faith attempt to balance religious liberty and the civil rights of LGBT Hoosiers.”136

Territorial Exemptions Involving Zoning and Land Use

Religious institutions invoke religious liberty to give them the upper hand in local zoning and land use issues using the Religious Land Use Institutionalized Persons Act (RLUIPA) signed by President Clinton in 2000.91  The law gives religious institutions access to the federal courts to make religious liberty claims in local zoning cases, and makes localities liable for damages and attorney’s fees.  Professor Hamilton of Benjamin Cardozo School of Law argues that religious visions for property can lead to a sense of entitlement that transcends respect for, and fair treatment of the rights and interests of, others.92  Similar situations exist when churches seek to add childcare centers, homeless shelters, and other facilities deemed incompatible with residential land use regulations.

In RLUIPA you can see the main elements of the Christian Right’s approach to religious liberty and the expansive notions of religious exemptions that flow from it.  It creates a presumption of antireligionism on the part of people who oppose a particular project.  Resistance by residential neighborhoods to the addition or expansion of large modern religious institutions is, of course, not necessarily a matter of being anti-Christian, anti-Jewish or antireligious in any sense of the word.  And yet, the charge that religious bigotry is involved is given great credence under RLUIPA. 93

The law’s biggest boosters are Christian Right ideologues like Anthony Picarello.  A litigator for the Becket Fund for seven years, he is now the General Counsel for and Associate General Secretary for Policy and Advocacy of the Roman Catholic USCCB.94 “RLUIPA does not create ‘two classes of citizens’ across religious lines.”  Instead, he claims, “it creates two classes of activities – land use that involves religious exercise, and land use that does not – and then reinforces the constitutional protection for all citizens who choose to use their land for religious exercise.”  Hamilton observes in response, “In other words, religious land is more valuable than anyone else’s.  Note also his sly use of the phrase ‘constitutional protection,’ as though RLUIPA is constitutionally required.  It is not.”95

The presumption of the superiority of religious uses of land over all others, and that opposition is rooted in hyper-secular or even antireligious animus, is in line with the underlying views of the signers of the Manhattan Declaration.

RFRA AND THE BIPARTISAN MEMO

A key battleground is whether the Religious Freedom Restoration Act (RFRA) allows federal contractors and grantees to discriminate in their hiring.  A legal analysis by the Bush-era Office of Legal Counsel of the Department of Justice justified such a reading of the law.  This reading – what is referred to in D.C.-shorthand as “the OLC Memo”– continues to stand under President Obama despite the efforts of civil rights advocates.

Religious agencies use the OLC Memo to justify discriminating in favor of members of their own faith, even if the grant program in question requires recipients not to do so.  The Memo’s influence extends deeply into federal programs including the 2014 reauthorization of the Violence Against Women Act (VAWA).  Certain religiously affiliated organizations that receive federal funds under VAWA use religion as a criterion when hiring employees using taxpayer dollars, despite the law’s clear nondiscrimination requirement.

Following years of unsuccessful efforts to get the Obama administration to rescind the Memo, 130 civil rights, labor, and liberal organizations wrote to President Obama in August 2015 urging him to reconsider it.96  As Americans United for Separation of Church and State (a leader in the effort) put it, the OLC Memo provides a legal rationale for “taxpayer-funded religious discrimination.”97

The August 2015 letter states that “some have cited the OLC Memo in arguing that RFRA should broadly exempt religiously affiliated contractors from the nondiscrimination requirements” in an executive order barring government contractors from discriminating against LGBTQ workers.  Others claim the Memo allows them to refuse to provide services or referrals required under federal funding agreements covering medical care for unaccompanied immigrant children who are victims of sexual abuse.

Despite saying the right things about religious and gender equality – and as a candidate vowing to repeal the Memo –President Obama is dragging his feet on the matter.  The administration’s official inaction has allowed millions of dollars to be channeled to groups that engage in religious and antigay discrimination via the “faith-based” offices in 13 federal agencies and departments.  The administration is secretive about the budgets, grantees and their activities, as journalists and advocacy groups learn when they try to get information.98

This trend of awarding ever greater special status to “faith-based” organizations runs deep in elements of both the Democratic and Republican parties.99  What is more, this is among a number of faith-based points of discrimination that the Obama administration allows to stand; discredited HIV and abstinence-only pregnancy prevention programs still receive money, as journalist Andy Kopsa reported in The Nation in 2014.100

Meanwhile conservatives in Congress are not only relying on the OLC Memo to support discrimination.  They responded to the Obergefell decision legalizing same-sex marriage with an ill-fated piece of legislation called the First Amendment Defense Act (FADA). 101  The Act would make it legal for businesses and public officials to use their religious beliefs as an excuse to discriminate against LGBTQ people.  Christian Right groups also want state legislatures to approve similar measures that stop the government from discriminating against those who do not believe in marriage equality.  The Conservative Action Project, a strategy group headed by Reagan-era Attorney General Edwin Meese, invoked the alleged threat to religious liberty to rally movement conservatives around the bill declaring, “No individual should lose their tax exempt status, face disqualification, be fined, or lose grants or contracts for following their beliefs.”102  In fact, such legislation has been introduced in Indiana.  (See box)

Writing in support of FADA, the USCCB made an astounding claim that casts a fresh light on the Church’s intentions to legalize anti-LGBTQ discrimination even without relying on claims of religious conscientious objection.  The bishops explained in supporting the bill that the “[a]ct would protect a wide array of persons, including individuals and organizations – both for-profits and nonprofits – regardless of whether or not they are religiously affiliated.  Thus, business owners as well as faith communities would be protected.”

The USCCB argues that the legislation is needed to prevent the federal government from joining in an alleged growing intolerance of and discrimination by state governments “toward religiously-minded individuals and organizations who want to live by their conviction that marriage is the union of one man and one woman or that sexual relations are properly reserved to such a marriage.”103  In other words, the Roman Catholic bishops want business owners to be able to discriminate against same-sex married couples even without the fig leaf of religious conscientious objection.

The proposal’s implications go well beyond issues of discrimination.  Walter Olsen of the libertarian Cato Institute observed that the proposed legislation would “even exempt federal workers who don’t want to process benefits and rights claims made by married same-sex couples.  There are at least 1,100 such benefits under federal law.”  Olsen considers the bill to be one directional, protecting proponents of “traditional values” while denying equal protection to proponents of marriage equality or sex outside of one-man-one-woman marriage.104

THE POWER OF DUALISTIC THINKING

An animating notion across the widest spectrum of the Religious Right is the idea that Christianity, and often religion itself, is under siege and that everyone from teachers, to LGBTQ activists, to reproductive health providers, and certainly atheists and advocates of “big government” are part of a continuum of an existential threat.  One cannot understate the seriousness with which many on the Christian Right take this ancient and powerful idea, nor how it animates our contemporary politics.

Other Christian leaders and the organizations they lead are working to expose this dualistic narrative that this is a fight between the religious and the antireligious.  The United Church of Christ (UCC) took this on in North Carolina, when it successfully challenged the anti-marriage equality amendment to the state constitution on grounds that it criminalized ceremonies which they and other religious communities considered to be valid and sacred.  This was a religious freedom claim against a state law that privileged one group of religious views of marriage over others.

The North Carolina case underscores that religious freedom is only possible in the context of religious pluralism.  It also reveals that when Christian Right leaders talk about religious liberty, they often really mean theocratic supremacism of their own religious beliefs institutionalized in government.  Tony Perkins, president of the Family Research Council, suggested that the UCC is not really Christian, and that those who support LGBTQ rights don’t have the same rights as conservative Christians – because “true religious freedom” only applies to “orthodox religious viewpoints.”105   UCC General Minister and President John Dorhauer responded, “There is no liberty intended” if it is “only for those who believe as we do.”  He is confident that “our commitment to religious liberty” can withstand contemporary attacks by the Christian Right.106

Still, in light of the growing support for the civil rights of LGBTQ people, Presidential hopeful Mike Huckabee (among others) has repeatedly claimed that the United States is moving toward “criminalization of Christianity.”107  As preposterous as such claims may sound to many Americans, they resonate deeply with those who are grounded in the idea that Christianity is incompatible with marriage equality, reproductive rights, LGBTQ civil rights, and broad social inclusion.

Throughout American history, “established power brokers” have stirred up sexual fears when they feel their position is threatened, explain Rev. Dr. William J. Barber II, the president of the North Carolina NAACP, and Christian writer Jonathan Wilson-Hartgrove.  “The widespread acceptance of interracial relationships makes ‘mongrelization’ a moot point in 21st-century America.  But we who know this history can see that public expressions of concern about the ‘gay lifestyle’ are not about religious freedom.  They are about dividing an increasingly diverse electorate that has twice elected a black president.”

Referring to state level RFRAs, they added, “As Southern preachers engaged in moral-fusion organizing, we say to our fellow ministers:  ‘religious freedom’ laws are an immoral ploy to stir up old fears. As people of faith, we must oppose them.” 108

The academic Marci Hamilton also turns to history to challenge the Christian Right’s dualistic notion that it is engaged in a battle between religiosity and its enemies.  “Many of the early American colonists departed Britain to escape the theological mandates imposed on them by the European theocracies that blended sovereign and religious power,” she reminds us.  “In this pluralist society, the pressure by a subset of Christians to push for a single moral vision… cannot be characterized other than as a drive to institute a theocracy in their own image.”109

The narrative is powerful, but it cannot stand up to the facts of history, or to existing political and social reality.  Acknowledgement of the very existence of religious support for reproductive rights and marriage equality blows up this notion.  Yet even civil rights activists sometimes unwittingly fall into the narrative.

The values of religious freedom, pluralism and separation of church and state are essential guiding principles that can keep our religiously plural society from factionalizing to the point of religious warfare.  Without them, the country risks splintering into what Hamilton calls “a collection of separate mini-theocracies” carved out in law. 110

How contemporary religious rights and civil equality of religious minorities and dominant factions are respected and managed in a religiously plural society is something that the Revolutionary leaders could not have imagined.  We need to wrestle with our lineage in the current moment.  Our future on these matters is in our own hands.

The question in our time then becomes, what beliefs shall be accommodated, and if so, to what degree and by what standard?  And perhaps most significant, who gets to decide?

CONCLUSION AND RECOMMENDATIONS

The contemporary Christian Right has been developing and fine-tuning its approach to religious freedom for decades.111  For the Christian Right, it is part of an integrated agenda of religious and political philosophies and issues, accompanied by steady strategic capacity building.  The historic reframing of religious freedom as one of three main concerns outlined by Christian Right leaders in the 2009 Manhattan Declaration is underappreciated outside of the conservative Christian community.  By the same token, the full implications of the major decisions of the Supreme Court outlined in this report will be felt for at least as many decades as it took for the Christian Right to develop a religious freedom agenda (and the coalitional, electoral, and legislative capacity to carry it out).

These conflicts are integral to the story of our time.  We owe it to ourselves, our shared concerns, and to the preservation of the best of our history, culture and shared values to rise to these distinct and in many ways unprecedented challenges.

The Christian Right aims to profoundly reorganize our relationship to law, religion, government, and to each other.  The rights of women, workers, and racial, religious, and sexual minorities, are all deeply threatened.  More broadly, the ability of government to ensure equal protection under the law is under assault.  To meet this threat will require more than a broadening of tactical coordination among racial equality, feminist, LGBTQ, labor, civil libertarian, progressive religious, and other constituencies.  We face a decades-long struggle that will require our own long game, comprising durable strategies, alliances, and campaigns that include and transcend any specific legal, legislative, communications, or culture change approach.

Religious Freedom Day (click to expand)

Every year since 1992, Religious Freedom Day has been recognized on January 16 with a presidential proclamation.  The day commemorates the enactment of the Virginia Statute for Religious Freedom in 1786.  This law is so integral to our history that Thomas Jefferson viewed his role in creating it as one of the three signature accomplishments of his life — along with writing the Declaration of Independence and founding the University of Virginia.

Here is why Jefferson thought it was that important.

Jefferson drafted the bill in 1777 but it took nearly a decade to be shepherded into law by James Madison, then a member of the House of Delegates.  The law not only disestablished the Anglican Church as the state church of Virginia, but also declared that citizens are free to believe as they will, and that this “shall in no wise diminish, enlarge, or affect their civil capacities.”137  Historians widely regard it as the root of how the framers of the Constitution approached matters of religion and government.  It was as revolutionary as the era in which it was written.

religious freedom day tweetFollowing the statute’s dramatic passage in 1786, Madison traveled to Philadelphia where he served as a principal author of the Constitution in 1787.  As a member of Congress in 1789, he was also a lead author of the First Amendment, which passed in 1791.  But the new nation was hardly unified on the matter of religious freedom.  Some did not like the Virginia Statute any more than they liked the Constitution and its First Amendment.  So before his death, Jefferson sought to get the last word on what it meant.

The Statute, he wrote, contained “within the mantle of its protection, the Jew and the Gentile, the Christian and Mohametan, the Hindoo and Infidel of every denomination.”  These words ring down through time in the face of contemporary demagogues calling for religious tests on refugees and international travelers. Jefferson and the leaders of the founding era not only knew Muslims but that religious freedom only meant something if Muslims had equal protection under the law.138

So with this clear and powerful statement Jefferson, almost 200 years ago, refutes contemporary claims that the United States was founded as a Christian nation. Jefferson further explained that the legislature had rejected proposed language that would have described “Jesus Christ” as “the holy author of our religion.”  This was rejected, he reported, “by the great majority.”

The Virginia Statute for Religious Freedom does not fit the Christian Right’s narrative of history or justify its shining vision of a theocratic future.  But they actively seek to minimize this problem.  For example, topping the list from a Google search for Religious Freedom Day is ReligiousFreedomDay.com, run by a small outfit called Gateways to Better Education.  It treats the Day as an opportunity to evangelize in the public schools. “Religious Freedom Day is not ‘celebrate-our-diversity day,’” they insist.139

By contrast, in his 2015 proclamation, President Obama declared that religious freedom “protects the right of every person to practice their faith how they choose, to change their faith, or to practice no faith at all, and to do so free from persecution and fear.”t140

That’s why it was so significant that in 2015, the Washington DC-based Coalition for Liberty and Justice — composed of 60 organizations opposed to the imposition of “one religious viewpoint on all” — decided to seize the day.141  The Coalition, whose members include Americans United for Separation of Church and State, Catholics for Choice, National Council of Jewish Women, National LGBTQ Task Force, Secular Coalition for America, and the Religious Coalition for Reproductive Choice, took to the op-ed pages and social media and launched a conversation that continues.

Case Study: Workers Win Victory for Religious Freedom Against Church-Run Health and Hospital Company (click to expand)

In a major setback for Christian Right efforts to evade the law in the name of religious freedom, a federal appeals court held in December 2015 that a Catholic hospital pension plan was not eligible for a religious exemption from the Employee Retirement Income Security Act of 1974 (ERISA) protecting individuals in most private pensions by setting minimum standards. In Kaplan v. St. Peter’s Healthcare System, the federal Court of Appeals, Third Circuit, determined that the hospital did not qualify as a church, and thus is not entitled to the religious exemption under the law.

The St. Peter’s Healthcare System of New Brunswick, NJ, had established its own employee retirement plan, which it underfunded to the tune of $30 million, claiming a church exemption to many of the provisions of ERISA, such as mandatory fiduciary and funding requirements. Pensioner Laurence Kaplan was concerned that the plan was underfunded142 and his lawsuit showed that indeed it was.

St. Peter’s is a nonprofit healthcare system employing over 2,800 people. For more than 30 years it operated the plan according to ERISA standards. But in 2006, St. Peter’s stopped fully funding the plan, seeking – and eventually receiving – a determination from the IRS that it was eligible for the church exemption under ERISA. But the federal courts disagree. St. Peter’s must now comply with ERISA’s protections including full funding of the plan.

Karen Ferguson, director of the Pension Rights Center, called the decision “a terrific victory for thousands of orderlies, cafeteria workers, nurses, and others who were told throughout their careers at Saint Peter’s that they were fully protected by federal law.” 143 James Sonne of the Stanford Religious Liberty Clinic submitted an amicus brief on behalf of the Becket Fund for Religious Liberty on the side of St. Peter’s. The Southern Baptist Convention also weighed in with an amicus brief for St. Peter’s.144

The Court noted the case is likely to be influential in a “new wave of litigation” challenging the exempt status of pension plans established by religiously affiliated hospitals claiming that their pension plans are “church plans.” 145

Here are recommendations for how we might better seize the opportunity to defend religious freedom in our time.

The Development of Ideas, Message, and Strategy 

1 – Envision and resource a long-term strategy. The struggle cannot (and is not) only being waged in the courts.  We must to develop, refine, and propagate our long game by:

  • Resourcing a network of strategists, scholars, and think tanks over the long term. This is vital for educating and empowering a wide range of constituencies and building coalitions.  We need a clear and compelling analysis that contextualizes the stakes for constituencies not currently at the forefront of efforts to challenge the Right’s legal and legislative initiatives, for example the historical use of religious exemptions to justify racial segregation in schools.
  • Strengthening the alliance between prochoice and pro-LGBTQ forces, as well as labor, religious, traditional civil rights, and other affected communities.
  • Refreshing historic alliances with liberal business owners, libertarians, and moderate Republicans.

These efforts should actively identify best practices where coalitions were successful and learn from where they were not.

2 – Reclaim religious freedom as a fundamental democratic value. This means embracing religious freedom as emphasizing the equality of all people including everyone’s right to believe and to practice faith (or not) as we will, and to change our minds – free from undue influence of powerful religious institutions and government.  Religious freedom also means the freedom to act on our beliefs as long as those actions do not harm or infringe on the rights of others.  The notion of third party “harms” is a critical part of the discussion that needs to happen regarding the meaning of religious freedom in our time.  All this is in keeping with the historic trajectory of the law in the United States, as well as international human rights conventions.  We can develop a powerful religious freedom narrative that can answer and overcome many of the Right’s claims.

3 – Avoid reinforcing the dualistic narrative that pits civil rights concerns against religion. Routinely framing public controversies as religious vs. secular plays into a false narrative.  Similarly, pitting LGBTQ rights or reproductive rights against religious freedom also plays powerfully into the false narrative.  There are no perfect solutions.  But we can embrace religious pluralism as a value underlying the vision of the Framers of the Constitution, modern Supreme Court decisions, and federal case law.  Religious pluralism in this sense incorporates the equal rights of nonbelievers as well.

4 – Actively collaborate with and elevate religious communities. Religious leaders are already playing key roles in the struggle for religious freedom, including those who have thwarted the passage of RFRAs in Georgia and in North Carolina. We should

  • Consult, support, and promote these religious leaders to social justice constituencies and to the news media.
  • Catalyze the creation of a common “Call to Conscience” of religious and nonreligious people to rally defenders of religious pluralism, separation of church and state, and the religious freedom heritage of the framers of the Constitution.

5 – Create high-profile religious freedom events to offer a clear and consistent positive alternative to the Christian Right’s redefinition of religious liberty. A key element in this approach could be to expand celebrations of Religious Freedom Day on every January 16th. (See box.)112 This day commemorates the enactment of the Virginia Statute for Religious Freedom, authored by Thomas Jefferson and sponsored in the legislature by James Madison.  Historians recognize the statute as the direct precedent to the approach to religion and government by Framers of the Constitution and the First Amendment to the Constitution.113 This lineage provides a moral and historical high ground that we must not cede to the religious and political Right.114

6 – Counter misinformation. Many conservative religious liberty claims rely on falsehoods, bogus history, and scare tactics. For example, in all of U.S. history, no clergy were forced under the law to perform any marriage of which they did not approve. This has not changed since the advent of marriage equality in Massachusetts in 2003. Social justice advocates must learn and be able to counter the Right’s go-to examples of spurious religious liberty violations while supporting religious freedom itself.

7 – Take seriously the influence of rightwing academics on policy and public debate. This means giving greater prominence and support to the fair-minded scholars who address this issue. Religious freedom is a complex topic which cannot be adequately addressed by short-term, message-oriented efforts of liberal interest groups.

8 – Question and challenge those denying and downplaying the ongoing political strength of the Christian Right. While we celebrate movement victories and project a positive vision for the future, at the same time, social justice thought and strategy is held back by making wrong assumptions about the strength and resilience of the Christian Right.  Phrases like “the Christian Right is dead” (or dying) and “the culture wars are over” (or declining) are indicators of ignorance and wishful thinking, at best.115

9 – Consider international human rights standards regarding religious freedom and the rights of conscience. They are very strong and are consistent with a domestic agenda, and are part of the growing international dimension to this struggle.  It is important not to allow the international Christian Right to appropriate the idea of religious freedom as it has sought to do in the United States.

The Political Arena

10 – Urge candidates and elected officials to end legal justifications for all forms of discrimination under the rubric of religious freedom.

11 – Organize public discussion of how to best defend religious freedom in the legal arena and all levels of government. This is not always clear.  For example, Marci Hamilton of the Benjamin Cardozo School of Law has called for repeal of RFRA, RLUIPA, and state RFRAs.  The Center for American Progress has called for reforming RFRA, particularly by eliminating the “harms” to third parties.116 Still others think RFRA is benign and offers protections that would not be otherwise available, and that RFRA and LGBTQ civil rights are compatible.  This is a public discussion worth having.

12 – Continue to urge the Obama administration to end discrimination by faith-based contractors by reversing the OLC Memo before President Obama leaves office.

13 – Develop a progressive electoral answer to the Right. The Right has been remarkably successful in developing an electoral capacity and strategy to gain control of the institutions of government, using the tools of democracy in order to undermine it.  The campaign to redefine religious liberty is but one theme; its successes in this arena result from the Right’s political power. Envisioning a broader and more robust response required for our time and circumstances is beyond the scope of this report.  But it needs to happen.  Repeating the pattern of ignoring the decades-long development of the Christian Right’s vast electoral capacity and trajectory of success through the Republican Party is a formula for failure.


About the Author

Frederick Clarkson is Senior Fellow of Political Research Associates and an analyst of the Religious Right for over 30 years. He is a longtime contributor to PRA’s quarterly Public Eye and a member of its editorial board. His work has appeared in a wide range of publications including Mother Jones, Church & State, Ms. Magazine, The Christian Science Monitor, Salon.com and Religion Dispatches. He has worked as an investigative editor at Planned Parenthood Federation of America, as Communications Director at the Institute for Democracy Studies, and cofounded the important group blog about the Christian Right, Talk to Action. He is the author, coauthor, or editor of several books, including Dispatches from the Religious Left: The Future of Faith and Politics in America and Eternal Hostility: The Struggle Between Theocracy and Democracy.


Endnotes

[*] Jay Michaelson, Redefining Religious Liberty: The Covert Campaign Against Civil Rights (Somerville, MA: Political Research Associates, March 2013). http://www.politicalresearch.org/resources/reports/full-reports/redefining-religious-liberty/#sthash.VFqG8kCB.dpbs.

[1]  See for example, Isaac Kramnick and R. Laurence Moore, The Godless Constitution:  A Moral Defense of the Secular State (New York: W.W. Norton, 2005) p. 106. “By 1819 he [James Madison] said that at the founding, people had been overly fearful that ‘the civil government could not stand without the prop of a religious establishment’… The American experience had proved that rejecting the Christian commonwealth and effecting ‘a perfect separation between ecclesiastical and civil matters’ could work. In 1832, at the age of 81, Madison conceded that it might not be easy to keep clear the line between religious and civil authority … All the more reason, then he advised, future generations, to take the strictest reading of the separation of church and state…”

[2]  Jay Michaelson, Redefining Religious Liberty:  The Covert Campaign Against Civil Rights (Somerville, MA: Political Research Associates, March 2013). http://www.politicalresearch.org/resources/reports/full-reports/redefining-religious-liberty/#sthash.VFqG8kCB.dpbs .

[3] With notable exceptions. See Marci A. Hamilton, God vs. the Gavel: The Perils of Extreme Religious Liberty, rev. 2nd ed, (New York: Cambridge University Press, 2014), p. 266; and Carolyn J. Davis, Laura E. Durso, and Carmel Martin with Donna Barry, Billy Corriher, Sharita Gruberg, Jeff Krehely, Sarah McBride, Ian Millhiser, and Anisha Singh, Restoring the Balance: A Progressive Vision of Religious Liberty Preserves the Rights and Freedoms of All Americans, (Washington, D.C.: Center for American Progress: October 2015), p. 7. http://www.scribd.com/doc/285920642/Restoring-the-Balance-A-Progressive-Vision-of-Religious-Liberty-Preserves-the-Rights-and-Freedoms-of-All-Americans .

[4]  Will Weissert, “6 Republican 2016 hopefuls woo faithful at Texas megachurch,” Associated Press, October 18, 2015. http://bigstory.ap.org/article/c50f35d772824f3ea17648d9cf64b3e0/6-republican-2016-hopefuls-woo-faithful-texas-megachurch .

[5]  Randall Balmer, Thy Kingdom Come: How the Religious Right Distorts Faith and Threatens America (New York: Basic Books, 2007); see book excerpt, http://www.npr.org/templates/story/story.php?storyId=5502785 .

[6]  Supreme Court of the United States, 1983, Bob Jones University v. United States, 461 U.S. 574.

[7]  Supreme Court of the United States, 2014, Burwell v. Hobby Lobby Stores Inc, No. 13–35, p. 52 http://www.supremecourt.gov/opinions/13pdf/13-354_olp1.pdf .

[8]  Frederick Clarkson, Eternal Hostility:  The Struggle Between Theocracy and Democracy (Monroe, ME: Common Courage Press, 1997), passim.

[9]  Matthew Yglesias, “Democrats are in denial. Their party is actually in deep trouble,” Vox Policy & Politics, October 19, 2015. http://www.vox.com/2015/10/19/9565119/democrats-in-deep-trouble .

[10]  Ralph Z.Hallow, “500 pastors heed call to run for office, restore Christian values in U.S.,” The Washington Times, November 12, 2015.  http://www.washingtontimes.com/news/2015/nov/12/david-lane-american-renewal-project-founder-recrui/ .

[11] Michelle Conlin, “For God and country: more U.S. pastors seek political office in 2016,” Reuters, December 11, 2015. http://www.reuters.com/article/us-usa-election-evangelicals-idUSKBN0TU16M20151211 . For more on Lane, see Frederick Clarkson, “Rumblings of Theocratic Violence,” The Public Eye, Summer 2014.  http://www.politicalresearch.org/2014/06/11/rumblings-of-theocratic-violence/#sthash.HShBsO1D.dpbs .

[12]  For more on the Wilks family, see Michelle Conlin, “Special Report: Touting morality, billionaire Texas brothers top 2016 donor list,” Reuters, September 11, 2015.  http://www.reuters.com/article/us-usa-election-wilks-specialreport-idUSKCN0RB0ZF20150911 .

[13]  Zachary Mider, “PAC Built by Ted Cruz Mega-Donors Gets Evangelical Leader: David Barton will lead a political conglomerate that has already raised at least $38 million,” Bloomberg, September 9, 2015. http://www.bloomberg.com/politics/articles/2015-09-09/pac-built-by-ted-cruz-mega-donors-gets-evangelical-leader .

[14]  See for example, Chris Cillizza, “Republicans have gained more than 900 state legislative seats since 2010,” The Washington Post, January 14, 2015, https://www.washingtonpost.com/news/the-fix/wp/2015/01/14/republicans-have-gained-more-than-900-state-legislative-seats-since-2010/ ; Olga Pierce, Justin Elliott and Theodoric Meyer, ​“How Dark Money Helped Republicans Hold the House and Hurt Voters,” ProPublica, December 21, 2012, http://www.propublica.org/article/how-dark-money-helped-republicans-hold-the-house-and-hurt-voters ; Bill Berkowitz, “The Secret of How the GOP Has a Lock on the House for the Foreseeable Future: Tens of millions poured into a stealth redistricting project before the 2012 elections kept dozens of GOP Districts safe from Democratic challengers,” AlterNet, December 29, 2012. http://www.alternet.org/tea-party-and-right/secret-how-gop-has-lock-house-foreseeable-future .

[15]  Manhattan Declaration: A Call of Christian Conscience, November 20, 2009, http://manhattandeclaration.org/man_dec_resources/Manhattan_Declaration_full_text.pdf ; also see Frederick Clarkson, “Christian Right Seeks Renewal in Deepening Catholic-Protestant Alliance,” The Public Eye, Summer 2013. http://www.politicalresearch.org/2013/07/23/christian-right-seeks-renewal-in-deepening-catholic-protestant-alliance/#sthash.gVfKQIc2.dpbs .

[16]  Manhattan Declaration, pp. 7-8.

[17]  Albert Mohler, “Why I Signed The Manhattan Declaration,” AlbertMohler.com, November 23, 2009. http://www.albertmohler.com/2009/11/23/why-i-signed-the-manhattan-declaration/ .

[18]  Manhattan Declaration; Frederick Clarkson, “Christian Right Seeks Renewal in Deepening Catholic-Protestant Alliance.”

[19]  Frederick Clarkson, “Will Our Prisons Overflow with Christians?” Political Research Associates, March 1, 2015, http://www.politicalresearch.org/2015/03/01/will-our-prisons-overflow-with-christians/#sthash.uMkddk2i.dpbs ; Frederick Clarkson, “Previewing the next anti-marriage equality manifesto,” LGBTQ Nation, February 15, 2015. http://www.lgbtqnation.com/2015/02/previewing-the-next-anti-marriage-equality-manifesto/ .

[20]  Frederick Clarkson, “Rumblings of Theocratic Violence,” The Public Eye, Summer 2014. http://www.politicalresearch.org/2014/06/11/rumblings-of-theocratic-violence/#sthash.G2H6hYF1.dpbs .

[21]  Frederick Clarkson, “EXPOSED: How the Right’s State-Based Think Tanks Are Transforming U.S. Politics,” The Public Eye, Fall 2013. http://www.politicalresearch.org/2013/11/25/exposed-how-the-rights-state-based-think-tanks-are-transforming-u-s-politics/#sthash.TtfibaMS.dpbs .

[22]  Mat Staver, “On Marriage, We Will Not Render to Caesar What Is God’s,” Christian Post, April 20, 2015. http://www.christianpost.com/news/on-marriage-we-will-not-render-to-caesar-what-is-gods-137872/ .

[23]  Drew DeSilver, “What is a ‘closely held corporation,’ anyway, and how many are there?” Pew Research Center, July 7, 2014. http://www.pewresearch.org/fact-tank/2014/07/07/what-is-a-closely-held-corporation-anyway-and-how-many-are-there/ .

[24]  For a helpful overview of the implications of the Hobby Lobby case, see Carolyn J. Davis, et al., Restoring the Balance.

[25] Jen Gunter, “The Medical Facts About Birth Control and Hobby Lobby—From an OB/GYN,” The New Republic, July 6, 2014.  https://newrepublic.com/article/118547/facts-about-birth-control-and-hobby-lobby-ob-gyn .

[26]  Physicians for Reproductive Health, “Amicus brief, Sebelius v. Hobby Lobby Stores, Inc.,” Physicians for Reproductive Health January 28, 2014. http://prh.org/iPaper/amicus-brief-hobby-lobby-v-sebelius/ .

[27] Patricia Miller, “How the Catholic Church masterminded the Supreme Court’s Hobby Lobby debacle: While evangelical Christians ultimately brought down the contraception mandate, they had big help from Catholics,” Salon.com, September 14, 2014. http://www.salon.com/2014/09/14/how_the_catholic_church_masterminded_the_supreme_courts_hobby_lobby_debacle/ ;  See also Patrica Miller, Good Catholics:  The Battle over Abortion in the Catholic Church (Oakland, CA: University of California Press, 2014); The National Women’s Law Center, “The Hobby Lobby ‘Minefield’: The Harm, Misuse, and Expansion of the Supreme Court Decision,” The National Women’s Law Center, June 12, 2015. http://www.nwlc.org/resource/hobby-lobby-minefield-harm-misuse-and-expansion-supreme-court-decision .

[28] Hamilton, God vs. the Gavel, p. 266.

[29]  “Holt v. Hobbs,” SCOTUSblog, January 20, 2015, http://www.scotusblog.com/case-files/cases/holt-v-hobbs/ ; “Holt v Hobbs,” The Becket Fund for Religious Liberty website, 2015. http://www.becketfund.org/holt/ .

[30] It now means any exercise of religion, “whether or not compelled by, or central to, a system of religious belief,” which is to be “construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.” Hamilton, God vs. the Gavel;  Davis, et.al., Restoring the Balance, p. 7.

[31]  Hamilton, God vs. the Gavel, pages 264-277.

[32]  Supreme Court of the United States, 2014, Burwell v. Hobby Lobby.

[33]  Katherine Franke, et al., “Letter to Representative Ed DeLaney (Indiana House of Representatives),” February 27, 2015, fn24. http://web.law.columbia.edu/sites/default/files/microsites/gender-sexuality/law_professors_letter_on_indiana_rfra.pdf .

[34]  Frederick Clarkson, “Not All the Same: Christian Right’s Hobby Lobbyization of State RFRAs,” Political Research Associates, April 20, 2015. http://www.politicalresearch.org/2015/04/20/not-all-the-same-christian-rights-hobby-lobbyization-of-state-rfras/#sthash.1sH5MbTN.dpbs .

[35]  Jonathan Oosting, “Michigan Gov. Rick Snyder signs controversial religious objection adoption bills,” Lansing News, June 11, 2015.  http://www.mlive.com/lansing-news/index.ssf/2015/06/michigan_gov_rick_snyder_signs_7.html .

[36]  Patricia Wen, “Catholic Charities Stuns State, Ends Adoptions,” The Boston Globe, March 11, 2006.  http://www.glad.org/uploads/docs/news/globe-catholic-charities-stuns-state.pdf .

[37]  Such legislative work-arounds are detailed on the web site RFRA Perilshttp://rfraperils.com/

[38]  General Synod of the United Church of Christ v. Reisinger, 760 F.3d 352 (4th Cir. 2014).  http://uccfiles.com/pdf/complaint.pdf .

[39]  Michael Paulson, “North Carolina’s Gay-Marriage Ban Is Challenged by Church,” The New York Times, April 28, 2014. http://www.nytimes.com/2014/04/29/us/churchs-lawsuit-challenges-north-carolina-ban-on-same-sex-marriage.html?_r=2 ; See also a background story on the struggle of North Carolina Christians to be able to marry in their church: Jack Jenkins, “The Unlikely Story Of How Religion Helped Bring Same-Sex Marriage To North Carolina,” Think Progress, November 18, 2014. http://thinkprogress.org/lgbt/2014/11/18/3593464/the-unlikely-story-of-how-religion-helped-bring-gay-marriage-to-north-carolina/ .

[40]  Kay Diane Ansley, Catherine “Cathy” McGaughey, Carol Ann Person, Thomas Roger Person, Kelley Penn, and Sonja Goodman, Plaintiffs, v. State of North Carolina,  Case 1:15-cv-00274 Document 1 Filed December 9, 2015;  See Michael Gordon, “Charlotte attorneys challenge law that allows magistrates to avoid performing same-sex marriages,” The Charlotte Observer, December 9, 2015.  http://www.charlotteobserver.com/news/politics-government/article48679320.html#storylink=cpy .

[41]  Tom Foreman Jr. and Gary D. Robertson, “Lawsuit Challenges Gay Marriage Law in North Carolina,” Associated Press, December 9, 2015. http://abcnews.go.com/US/wireStory/lawsuit-challenges-gay-marriage-law-north-carolina-35668286 .

[42]  Jay Reeves, “Alabama judges use segregation-era law to avoid gay marriage,” Associated Press, October 3, 2015. http://bigstory.ap.org/article/7e82ce42b3b846b6bef9023c085987e3/alabama-judges-use-segregation-era-law-avoid-gay-marriage .

[43]  John Rustin with the North Carolina Family Policy Council, “Protecting Religious Freedom for Elected Officials,” CitizenLink Report video, September 22, 2015. https://www.citizenlink.com/2015/09/22/protecting-religious-freedom-for-elected-officials-cl-report/ .

[44]  Ann Carroll, “Gays Can’t Force Christian Clerks to Issue Same-Sex Licenses,” Charisma News, November 11, 2012. http://www.charismanews.com/us/34603-gays-cant-force-christian-clerks-to-issue-same-sex-licenses .

[45]  David O’Reilly, “Pope’s speech, heavy on religious liberty, echoes Chaput,” Philadelphia Inquirer, September 27, 2015., http://articles.philly.com/2015-09-28/news/66932583_1_chaput-pope-francis-philadelphia-archbishop-charles-j ; Pope Francis, “Speech at Independence Mall,” Pope Francis Visit 2015, September 26, 2015. http://www.popefrancisvisit.com/schedule/visit-to-independence-mall/ .

[46]  ABC News, “EXCLUSIVE: Kim Davis Recounts Secret Meeting With Pope Francis,” ABC News video, September 30, 2015, http://abcnews.go.com/US/exclusive-kim-davis-recounts-secret-meeting-pope-francis/story?id=34143874 ; Robert Moynihan, “Letter #38, 2015: Kim and Francis,” Inside the Vatican, September 29, 2015, http://insidethevatican.com/news/letter-38-2015-kim-and-francis; see also, Mat Staver, “Pope’s Words and Meetings Support Conscientious Objection,” Liberty Counsel, October 2, 2015. https://www.lc.org/newsroom/details/popes-words-and-meetings-support-conscientious-objection .

[47]  Laurie Goodstein and Jim Yardley, “Pope Francis, the Kentucky Clerk and Culture Wars Revisited,” The New York Times, September 30, 2015. http://www.nytimes.com/2015/10/01/us/pope-francis-kim-davis-kentucky-clerk-washington-same-sex-marriage.html?emc=edit_th_20151001&nl=todaysheadlines&nlid=46567787 .

[48]  Joshua J. McElwee, “What we don’t know about Francis’ Kim Davis meeting,” National Catholic Reporter, October 1, 2015, http://ncronline.org/news/vatican/what-we-dont-know-about-francis-kim-davis-meeting ; Goodstein and Yardley, “Pope Francis”; Americans United for Separation of Church and State, “Controversy Swirls Over Pope’s Meeting with Kim Davis During D.C. Visit,” Church & State, November 2015, p. 15. https://www.au.org/church-state/november-2015-church-state/people-events/controversy-swirls-over-pope-s-meeting-with .

[49]  “Pope Francis visits Little Sisters of the Poor.” Narrated by Devin Watkin. Vatican Radio, September 24, 2015, http://www.news.va/en/news/pope-francis-visits-little-sisters-of-the-poor ; Sarah Pulliam Bailey and Abby Ohlheiser, “Pope Francis meets with Little Sisters of the Poor, nuns involved in an Obamacare lawsuit,” The Washington Post, September 23, 2015.

[50]  Elise Harris, “What is being proposed is not marriage’ – Pope calls for defense of family,” Catholic News Agency, October 26, 2014. http://www.catholicnewsagency.com/news/what-is-being-proposed-is-not-marriage-pope-calls-for-defense-of-family-12766/ .

[51] Eric Ethington, “The Religious Right Operative Who Helped Write Utah’s Nondiscrimination Law,” Political Research Associates, March 19, 2015. http://www.politicalresearch.org/2015/03/19/the-religious-right-operative-who-helped-write-utahs-nondiscrimination-law/#sthash.lHrxigF2.dpbs .

[52]  Eric Ethington, “Growing Mormon-Catholic Alliance: Quiet Partners Behind Christian Right’s Religious Discrimination Agenda,” Political Research Associates, April 27, 2015. http://www.politicalresearch.org/2015/04/27/growing-mormon-catholic-alliance-quiet-partners-behind-christian-rights-religious-discrimination-agenda/ .

[53]  Peggy Fletcher Stack, “Mormon apostle: Kim Davis was wrong not to issue same-sex marriage licenses,” The Salt Lake Tribune via Religion News Service, October 21, 2015. http://www.religionnews.com/2015/10/21/mormon-apostle-kim-davis-was-wrong-not-to-issue-same-sex-marriage-licenses/ .

[54]  Liberty Institute, Religious Liberty Protection Kit for Students and Teachers: How You Can Exercise Your Legal Rights in Public School (Plano, TX: Liberty Institute, 2015).

[55]  Frederick Clarkson, “The New Secular Fundamentalist Conspiracy!” The Public Eye, Spring 2008, http://www.publiceye.org/magazine/v23n1/secular_fundamentalist.html .

[56]  Tony Perkins and Lt. Gen. (Ret.) William G. “Jerry” Boykin, A Clear and Present Danger:  The Threat to Religious Liberty in the Military (Washington DC: Family Research Council, 2013, updated June 2015), http://downloads.frc.org/EF/EF15F47.pdf ; Chris Rodda, “Rep. Fleming: NDAA Religious Freedom Language Not a ‘Touchdown’ – New Talking Points Needed,” Huffington Post, December 17, 2013, http://www.huffingtonpost.com/chris-rodda/rep-fleming-ndaa-religiou_b_4461318.html . In fact, MRFF responds to complaints by service members, both religious and nonreligious but overwhelmingly Christian, about misuses of military resources to promote certain religious groups and views over others and misuses of the chain of command to compel participation in religious events. This is cast by the Christian Right as anti-Christian and antireligious, when in fact MRFF seeks to protect the religious freedom of all, and not just religious conservatives.

[57]  Perkins and Boykin, A Clear and Present Danger; Chris Rodda, “Pentagon Assures Anti-Religious-Freedom Coalition That Rumor They Started Isn’t True!” Huffington Post, September 23, 2013, http://www.huffingtonpost.com/chris-rodda/pentagon-assures-anti-rel_b_3977046.html ; Liberty Counsel, “Restore Military Religious Freedom Coalition Offers Legal Aid to Bible Verse Cadets, Calls Out Air Force Academy for Violating Constitutional Rights,” [press release] March 13, 2014, https://www.lc.org/newsroom/details/restore-military-religious-freedom-coalition-offers-legal-aid-to-bible-verse-cadets-calls-out-air-f .

[58]  “American Family Association Bigotry Map,” American Family Association. http://www.afa.net/bigotrymap .

[59]  Liberty Institute, Religious Liberty Protection Kit for the U.S. Military:  How Service Members and Chaplains Can exercise their Legal Rights, (Plano, TX: Liberty Institute, 2015) pp. 1-2.

[60]  Laurie Goodstein, “Kim Davis, Kentucky County Clerk, Met Pope Francis,” The New York Times, September 30, 2015, http://www.nytimes.com/2015/09/30/us/county-clerk-kim-davis-who-denied-gay-couples-visited-pope.html?_r=0 .

[61] “Hosanna-Tabor v. EEOC: The Court’s Unanimous Decision,” Pew Research Center on Religion and Public Life, January 11, 2012.  http://www.pewforum.org/2012/01/11/the-supreme-court-takes-up-church-employment-disputes-and-the-ministerial-exception/ .

[62]  Supreme Court of the United States, 2012, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et al., 10-553; see also, Frederick Clarkson, “Papering Over the Differences, The Political Alliance Between Evangelicals and the Catholic Right,” Conscience, vol. XXXIII, no. 2, 2012.

[63]  Institutional Religious Freedom Alliance, “Hosanna-Tabor:  A Big Victory for Religious Freedom,” January 20, 2012, http://www.irfalliance.org/component/content/article/21-in-the-news/54-hosanna-tabor-a-big-victory-for-religious-freedom.html .

[64]  Rachel Tabachnick, “Spiritual Warriors with an Antigay Mission: The New Apostolic Reformation,” The Public Eye, March 22, 2013. http://www.politicalresearch.org/2013/03/22/spiritual-warriors-with-an-antigay-mission/ .

[65]  C. Peter Wagner, “Can the Government Tell the Church What to Do?,” Communion With God Ministries, February 14, 2012. http://www.cwgministries.org/blogs/can-government-tell-church-what-do-c-peter-wagner .

[66]  Elder Dallin H. Oaks, “Hope for the Years Ahead,” The Church of Jesus Christ of Latter-Day Saints, April 16, 2014. http://www.mormonnewsroom.org/article/transcript-elder-dallin-oaks-constitutional-symposium-religious-freedom .

[67]  “Hosannas for the Court,” (Editorial), The Wall Street Journal, January 12, 2011, http://www.becketfund.org/wsj-hosannas-for-the-court/ .

[68]  The Becket Fund for Religious Liberty, “Supreme Court Briefs.”

[69]  Julia Carrie Wong, “’I want education, not indoctrination’: Catholic Teachers and Students Protest Archdiocese,” San Francisco Weekly, April 27, 2015, http://www.sfweekly.com/thesnitch/2015/04/27/i-want-education-not-indoctrination-catholic-teachers-and-students-protest-archdiocese .

[70]  “Catholic archdiocese of Cincinnati to tweak teacher contract morality clauses,” LGBTQ Nation, March 10, 2015, http://www.lgbtqnation.com/2015/03/catholic-archdiocese-of-cincinnati-to-tweak-teacher-contract-morality-clauses/ ; Frederick Clarkson, “Christian Right Seeks Renewal in Deepening Catholic-Protestant Alliance.”

[71]  Victoria Colliver, “Hundreds march against S.F. archbishop’s ‘morality clauses,’” San Francisco Chronicle, March 31, 2015; Lisa Leff, “San Francisco archbishop wants teachers to not contradict church,” Associated Press, February 6, 2015, http://www.sfgate.com/bayarea/article/Hundreds-march-against-S-F-archbishop-s-6169349.php#photo-7743263 .

[72]  Scott Jaschik, “Big Union Win,” Inside Higher Ed, January 2, 2015. https://www.insidehighered.com/news/2015/01/02/nlrb-ruling-shifts-legal-ground-faculty-unions-private-colleges .

[73]   Adelle M. Banks, “Religious college presidents agree on ‘calling’ and common threats to their schools,” Religion News Service, February 3, 2015, http://www.religionnews.com/2015/02/03/religious-college-presidents-agree-calling-common-threats-schools/ .

[74]  Frederick Clarkson, “When in Doubt, Religify!  Fear Mongering about Religious Liberty,” Political Research Associates, May 29, 2015, http://www.politicalresearch.org/2015/05/29/when-in-doubt-religify-fear-mongering-about-religious-liberty/#sthash.SsW5wz8q.dpbs .

[75]  A READY DEFENSE: How to Protect Your Ministry or Faith-Based Business from Legal Attack and Ruin (Plano, TX: Liberty Institute, May 14, 2015). http://blog.libertyinstitute.org/2015/05/a-ready-defense-how-to-protect-your.html .

[76]  Guidelines: Drafting Church Employment and Administrative Policies, (Plano, TX: Liberty Institute, 2015). https://www.libertyinstitute.org/staffing-and-administration-church .

[77]  Protecting Your Ministry from Sexual Orientation and Gender Identity Lawsuits:  A Legal Guide for Southern Baptist and Evangelical Churches, Schools, and Ministries, (Washington, DC: Alliance Defending Freedom and Ethics and Religious Liberty Committee of the Southern Baptist Convention, 2015). https://erlc.com/store/product_detail/18876 .

[78]  A READY DEFENSE (Liberty Institute).

[79]  Frederick Clarkson, “When in Doubt, Religify!”

[80]  Liberty Institute, “Liberty Institute to Announce Religious Liberty Protection Kits at Values Voter Summit,” [press release]. September 24, 2015, http://blog.libertyinstitute.org/2015/09/liberty-institute-to-announce-religious.html .

[81]  Clarkson, “When in Doubt, Religify!” The Liberty Institute took down its public promotion of future manuals for businesses and for college fraternities and sororities after this article was published. But they have not taken down the original article announcing their plans.

[82]  Protecting Your Ministry from Sexual Orientation and Gender Identity Lawsuits (ADF and ERLC).

[83]  “Statement of Faith: Marriage and Human Sexuality,” Liberty Institute, 2015. https://www.libertyinstitute.org/statement-of-faith-marriage-and-human-sexuality .

[84]  “Facility Use Policy,” Liberty Institute website, 2015, https://www.libertyinstitute.org/Facility-Use-Policy-CHURCH .

[85]  A READY DEFENSE (Liberty Institute).

[86]  Protecting Your Ministry from Sexual Orientation and Gender Identity Lawsuits (ADF and ERLC).

[87]  Lauren Davis, “Carson-Newman University granted exemption from discrimination laws,” Local 8 Now, December 3, 2015, http://www.local8now.com/home/headlines/Carson-Newman-University-granted-exemption-from-discrimination-laws-360521761.html .

[88]  Andy Birkey, “Dozens of Christian schools win Title IX waivers to ban LGBT students,” The Column, December 1, 2015. http://thecolu.mn/21270/dozens-christian-schools-win-title-ix-waivers-ban-lgbt-students ; See also Liam Stack, “Religious Colleges Obtain Waivers to Law That Protects Transgender Students,” The New York Times, December 10, 2015. http://www.nytimes.com/2015/12/11/us/religious-colleges-obtain-waivers-to-anti-discrimination-law.html?hpw&rref=us&action=click&pgtype=Homepage&module=well-region&region=bottom-well&WT.nav=bottom-well&_r=0 .

[89]  Matt Comer, “Belmont Abbey College, other Carolinas colleges receive anti-LGBT Title IX waivers: Charlotte-based group responds with ‘Shame List’,”  MattComer.net, December 2, 2015.  http://www.mattcomer.net/1549/belmont-abbey-college-other-carolinas-colleges-receive-anti-lgbt-title-ix-waivers/ .

[90]  Jon Green, “Christian university applying for a religious exemption under Title IX imposes religious test for employees,” AmericaBlog, December 11, 2015. http://americablog.com/2015/12/christian-university-applying-for-religious-exemption-under-title-ix-imposes-religious-test.html .

[91]  Marci A. Hamilton, Professor of Law at the Benjamin Cardozo School of Law at Yeshiva University is challenging the constitutionality of the legislative successor to the federal RFRA, the Religious Land Use and Institutionalized Persons Act (RLUIPA), in cases involving local governments and religious land use. She was the lead counsel for the City of Boerne, TX, in Boerne v. Flores, 521 U.S. 507 (1997), the seminal federalism and church/state case holding the federal RFRA is unconstitutional as it applied to the states.

[92]  Hamilton, God vs. the Gavel, pp.115-150.

[93]  Hamilton, God vs. the Gavel, pp. 115-150.

[94]  USCCB, “Anthony Picarello Named USCCB Associate General Secretary,” [press release], October 21, 2011, http://www.usccb.org/news/2011/11-200.cfm . Picarello co-edited with Douglas Laycock and Robin Fretwell Wilson, Same Sex Marriage and Religious Liberty:  Emerging Conflicts, (Lanham: Rowan and Littlefield Publishers, 2008). This was one year after Picarello joined the USCCB as General Counsel.

[95]  Hamilton, God vs. the Gavel, pp. 120-121.

[96]   9to5, National Association of Working Women et al., to President Barack H. Obama, “Request for Review and Reconsideration of June 29, 2007 Office of Legal Counsel Memorandum re: RFRA,” August 20, 2015. https://www.au.org/files/2015-08-20%20-%20OLC%20Memo%20Letter%20to%20President-FINAL_2.pdf .  Political Research Associates was one of the organizational signatories to the letter to President Obama.

[97]  Simon Brown, “Down With Discrimination: Broad Coalition Of 130 Organizations Asks President Obama To End Taxpayer-Funded Discrimination,” Wall of Separation, AU.org. https://www.au.org/blogs/wall-of-separation/down-with-discrimination-broad-coalition-of-130-organizations-asks .

[98] Jacey Rubinstein, “White House Fails to Reveal Faith-Based Initiative Budget, Though Some Agencies Will Share Theirs,” Political Research Associates, July 20, 2015, http://www.politicalresearch.org/2015/07/20/white-house-fails-to-reveal-faith-based-initiative-budget-though-some-agencies-will-share-theirs/ .

[99]  Andy Kopsa, “Obama’s Evangelical Gravy Train,” The Nation, July 2014, http://www.thenation.com/article/180435/obamas-evangelical-gravy-train ;  see also Frederick Clarkson, “An Uncharitable Choice: The Faith-Based Takeover of Federal Programs,” The Public Eye, Fall 2014, http://www.politicalresearch.org/2014/10/10/an-uncharitable-choice-the-faith-based-takeover-of-federal-programs/#sthash.0QhnX6fz.dpbs ; and Jacey Rubinstein, “White House Fails to Reveal Faith-Based Initiative Budget, Though Some Agencies Will Share Theirs,” Political Research Associates, July 20, 2015, http://www.politicalresearch.org/2015/07/20/white-house-fails-to-reveal-faith-based-initiative-budget-though-some-agencies-will-share-theirs/ .

[100]  Barry Lynn, “Indiana’s Religion Bill Is Partially Fixed — But There’s More Work to Be Done,” Huffington Post, April, 7, 2015, http://www.huffingtonpost.com/barry-w-lynn/indianas-religion-bill-is_b_7011456.html ; Kopsa, “Obama’s Evangelical Gravy Train.”

[101]  Senator Mike Lee, et al, First Amendment Defense Act, June 17, 2015, https://www.congress.gov/bill/114th-congress/senate-bill/1598/text .

[102]  Edwin Meese, et al, “Memo to the Movement: Religious Liberty,” Conservative Action Project, July 10, 2015, http://files.ctctcdn.com/2438cc3e001/bbdeae79-5d01-449e-9746-202217c0d5e2.pdf .

[103]  “First Amendment Defense Act,” USCCB Backgrounder. http://www.usccb.org/issues-and-action/marriage-and-family/marriage/promotion-and-defense-of-marriage/upload/Backgrounder-FADA.pdf .

[104]  Dale Carpenter, “More Criticism of the First Amendment Defense Act from the Right,” The Washington Post, September 10, 2015, https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/10/more-criticism-of-the-first-amendment-defense-act-from-the-right/ ;  Walter Olsen, “Gay Marriage and Religious Rights: Say Nada to FADA,” Newsweek, September 10, 2015, http://www.newsweek.com/gay-marriage-and-religious-rights-say-nada-fada-370860 .

[105]  Brian Tashman, “Tony Perkins, Arbiter Of Christianity, Says Pro-Gay Christians Don’t Have Same Religious Rights As Conservatives,” Right Wing Watch, May 8, 2014, http://www.politicalresearch.org/2014/10/29/christian-right-undermines-marriage-equality-with-religious-supremacism/ .

[106]  Frederick Clarkson, “Racial Justice Will Be Top Priority for New Prez of the United Church of Christ,” Religion Dispatches, August 20, 2015, http://religiondispatches.org/racial-justice-will-be-top-priority-for-new-prez-of-the-united-church-of-christ/ .

[107]  Nick Gass, “Mike Huckabee: U.S. moving toward ‘criminalization of Christianity,” Politico, April 24, 2015. http://www.politico.com/story/2015/04/mike-huckabee-us-criminalization-of-christianity-117310 .

[108] Rev. Dr. William J. Barber II and Jonathan Wilson-Hartgrove,  “The Ugly History Behind ‘Religious Freedom’ Laws: They are about dividing an increasingly diverse electorate that has twice elected a black president,” The Washington Spectator, May 1, 2015. http://washingtonspectator.org/the-ugly-history-behind-religious-freedom-laws/ .

[109]  Hamilton, God vs. the Gavel, p. 99.

[110]  Hamilton, God vs. the Gavel, p. 8

[111] I discussed this in my 1997 book Eternal Hostility: The Struggle Between Theocracy and Democracy, and pointed out that it had already been going on for decades.

[112] Frederick Clarkson, “An unexpected win for religious freedom,” LGBTQ Nation, February 1, 2015, http://www.lgbtqnation.com/2015/02/an-unexpected-win-for-religious-freedom/ ;  Sally Steenland, “3 Ways to Celebrate Religious Freedom Day,” Center for American Progress, January 16, 2015, https://www.americanprogress.org/issues/religion/news/2015/01/16/104780/3-ways-to-celebrate-religious-freedom-day/ .

[113] See for example, Isaac Kramnick and R. Laurence Moore, The Godless Constitution:  A Moral Defense of the Secular State, (New York: W.W. Norton, 2005), pp. 91-94; 103-104; Frank L. Lambert, Separation of Church & State: Founding Principles of Religious Liberty (Macon, GA: Mercer University Press, 2014); Frank Lambert, Religion in American Politics:  A Short History (Princeton, NJ: Princeton University Press, 2008), p. 29. John A. Ragosta, Wellspring of Liberty: How Virginia’s Religious Dissenters Helped Win the American Revolution & Secured Religious Liberty (New York: Oxford University Press, 2010); John A. Ragosta, Religious Freedom:  Jefferson’s Legacy, America’s Creed (Charlottesville, VA: University of Virginia Press, 2013).

[114] See, Frederick Clarkson, The Christian Right does not want you to know about this day, LGBTQ Nation, December 7, 2014; Frederick Clarkson, Taking Religious Freedom Day Astray, Political Research Associates, December 23, 2014, http://www.politicalresearch.org/2014/12/23/taking-religious-freedom-day-astray/; John Ragosta, Religious freedom: A proud day for Richmond, Richmond Times-Dispatch, January 12, 2015, http://www.richmond.com/opinion/their-opinion/guest-columnists/article_ae6fea4c-88d9-55df-9587-11a5806c0127.html; Frederick Clarkson, An unexpected win for religious freedom, LGBTQ Nation, February 1, 2015, http://www.lgbtqnation.com/2015/02/an-unexpected-win-for-religious-freedom/; Frederick Clarkson, Stand in the bright light of history on Religious Freedom Day, The Hill, January 16, 2015, http://thehill.com/blogs/congress-blog/religious-rights/229488-stand-in-the-bright-light-of-history-on-religious; Rob Boston, Religious Freedom Day 2015:  Resolve To Protect True Freedom Of Conscience, Wall of Separation, January 16, 2015, https://www.au.org/blogs/wall-of-separation/religious-freedom-day-2015-resolve-to-protect-true-freedom-of-conscience.

[115] See for example, Theo Anderson, “Would Jesus Vote for Bernie Sanders?  With the decline of culture war issues and the rise of crises like climate change, Bernie might actually be able to win over young evangelicals,” In These Times, August 14, 2015, http://inthesetimes.com/article/18318/bernie-sanders-liberty-university-evangelicals .

[116] Hamilton, God vs. the Gavel, p. 359; and Davis, et al., Restoring the Balance, pp. 17-19

[117] Sophia Resnick and Sharona Coutts, “Not the ‘Illuminati’: How Fundamentalist Christians Are Infiltrating State and Federal Government,” RH Reality Check, May 13, 2014, http://rhrealitycheck.org/article/2014/05/13/illuminati-fundamentalist-christians-infiltrating-state-federal-government/ ; Bruce Wilson, “The Hobby Lobby Case and The Alliance Defending Freedom’s Ties To Christian Reconstructionism,” Twocare: Center Against Religious Extremism, July 2, 2014. http://www.twocare.org/the-alliance-defending-freedoms-ties-to-christian-reconstructionism/ ; Frederick Clarkson, “Christian Reconstructionism:  Theocratic Dominionism Gains Influence,” The Public Eye, Spring/Summer 1994, http://www.politicalresearch.org/1994/03/19/christian-reconstructionism-part-1-theocratic-dominionism-gains-influence/#sthash.muY8mJ8V.dpbs . See also, Frederick Clarkson, Eternal Hostility; Michelle Goldberg, Kingdom Coming: The Rise of Christian Nationalism (New York: W.W. Norton, 2007);  Julie Ingersoll, Building God’s Kingdom: Inside the World of Christian Reconstruction, (New York: Oxford University Press, 2015).

[118] Resnick and Coutts, “Not the ‘Illuminati.’”

[119] Jeremy Tedesco and Kevin Theriot, “ADF recommends policy to protect student privacy in restrooms, locker rooms, Model policy provides solution for public schools,” Alliance Defending Freedom, December 05, 2014, http://www.adfmedia.org/News/PRDetail/?CID=82478http://www.adfmedia.org/News/PRDetail/?CID=82478http://www.adfmedia.org/News/PRDetail/?CID=82478 . See also: Cole Parke and Gabriel Joffe, “Alliance Defending Freedom: the Right-Wing Lawyers Fueling Transphobia in Schools,” Political Research Associates, December 18, 2015, http://www.politicalresearch.org/2015/12/18/alliance-defending-freedom-the-right-wing-lawyers-fueling-transphobia-in-school/#sthash.e1yQL5jN.dpbs .

[120]  Alliance Defending Freedom, IRS Form 990, 2012, http://www.guidestar.org/FinDocuments/2013/541/660/2013-541660459-0a0d95a7-9.pdf .

[121]  Gillian Kane, “Latin America in the Crosshairs: Alliance Defending Freedom Takes Aim,” The Public Eye, Summer 2015. http://www.politicalresearch.org/2015/07/13/latin-america-in-the-crosshairs-alliance-defending-freedom-takes-aim/#sthash.YDpC1yWo.G7BXQsew.dpbs .

[122]  Emma Green, “The Little Sisters of the Poor Are Headed to the Supreme Court: The justices will take on a complicated set of cases related to the birth-control mandate in the Affordable Care Act,” The Atlantic, November 6, 2015, http://www.theatlantic.com/politics/archive/2015/11/the-little-sisters-of-the-poor-are-headed-to-the-supreme-court/414729/ .

[123]  Becket Fund for Religious Liberty, “BREAKING: High Court to decide if Government can force nuns to provide contraceptives,” November 6, 2015, http://www.becketfund.org/scotus-to-decide-little-sisters-case/ .

[124]  Alliance Defending Freedom, “Supreme Court agrees to tackle abortion-pill mandate’s sham ‘accommodation’: ADF attorneys represent Penn. Christian college, four Okla. Christian universities,” November 6, 2015, http://www.adfmedia.org/News/PRDetail/9791 .

[125]  “European Court of Human Rights Cases,” The Becket Fund for Religious Liberty. http://www.becketfund.org/echr-cases/ .

[126]  Dawn Ennis, “The Two Words That Lawyers for Kim Davis Say Endanger Their Lives,” Advocate, October 21 2015. http://www.advocate.com/media/2015/10/21/liberty-counsel-demands-ap-retract-kim-davis-story-calling-it-hate-group .

[127]  Ethan Bronner, “At Stanford, Clinical Training for Defense of Religious Liberty,” The New York Times, January 21, 2013, http://www.nytimes.com/2013/01/22/us/at-stanford-clinical-training-for-the-defense-of-religious-liberty.html?_r=2 .

[128]  Bronner, “At Stanford.”

[129]  “Briefs,” Stanford Law School Religious Liberty Clinic website. https://law.stanford.edu/religious-liberty-clinic/rlc-briefs/ .

[130]  Freedom of Conscience Defense Fund website. http://www.consciencedefense.org/.

[131]  Sunnivie Brydum, “Gov. Mike Pence Signs ‘Fix’ to Religious Freedom Restoration Act,” The Advocate, April 2, 2015.  http://www.advocate.com/politics/2015/04/02/gov-mike-pence-signs-fix-religious-freedom-restoration-act .

[132] Stephanie Wang, “Conservative groups’ lawsuit says RFRA fix unconstitutional,” Indianapolis Star, December 10, 2015.  http://www.indystar.com/story/news/politics/2015/12/10/conservative-groups-lawsuit-says-rfra-fix-unconstitutional/77102680/ .

[133]  Mariya Strauss, “Who was behind Michigan GOP’s one-two punch against LGBTQ working families?” Political Research Associates, December 1, 2015  http://www.politicalresearch.org/2015/12/01/end-of-a-tough-year-for-michigan-who-was-behind-the-one-two-punch-from-gop-lawmakers/#sthash.V7NJNVv6.dpbs .

[134] Zack Ford, “Protecting LGBT People From Discrimination Is Now Illegal In Arkansas,” Think Progress, February 24, 2015  http://thinkprogress.org/lgbt/2015/02/24/3626203/lgbt-protections-ban-arkansas-texas/ .

[135] Zack Ford, “Indiana Republicans Introduce The Most Anti-LGBT LGBT Rights Bill Ever,” Think Progress, November,18, 2015   http://thinkprogress.org/lgbt/2015/11/18/3723348/indiana-lgbt-road-map-to-discrimination/ .

[136] Indiana Senate Republicans, “Senate Bill 100 Information.” http://www.indianasenaterepublicans.com/senate-bill-100-information/ .

[137] John Ragosta, “Virginia Statute for Establishing Religious Freedom (1786),” Encyclopedia Virginia, First published: August 10, 2012, Last modified: July 2, 2014. http://www.encyclopediavirginia.org/Virginia_Statute_for_Establishing_Religious_Freedom_1786#start_entry .

[138]  Elahe Izadi, “The fascinating history of how Jefferson and other Founding Fathers defended Muslim rights,” The Washington Post, December 11, 2015.  https://www.washingtonpost.com/news/the-fix/wp/2015/12/11/how-thomas-jefferson-and-other-founding-fathers-defended-muslim-rights/ .

[139]  Frederick Clarkson, “Taking Religious Freedom Day Astray,” Political Research Associates, December 23, 2014. http://www.politicalresearch.org/2014/12/23/taking-religious-freedom-day-astray/#sthash.a0cahxWz.UVVgoZ0A.dpuf .  This is detailed in Katherine Stewart, The Good News Club: The Christian Right’s Stealth Assault on America’s Children, Public Affairs, 2012.

[140]  See for example, Barack Obama, “Presidential Proclamation — Religious Freedom Day, 2015,” January 15, 2015  https://www.whitehouse.gov/the-press-office/2015/01/15/presidential-proclamation-religious-freedom-day-2015 .

[141]  Rob Boston, “Seize The Day!: Upcoming Religious Freedom Event Provides An Opportunity For Separation Advocates, Wall of Separation,” January 2, 2015.  https://www.au.org/blogs/wall-of-separation/seize-the-day-upcoming-religious-freedom-event-provides-an-opportunity-for .

[142] Pension Right Center, “St. Peters University Hospital Retirement Plan: The Law and the Facts,” February 29, 2012. http://www.pensionrights.org/publications/fact-sheet/saint-peters-university-hospital-retirement-plan-law-and-facts .

[143] Hazel Bradford, “Appeals court upholds ruling denying church-plan status for health-care system,” Pensions & Investments, December 29, 2015. http://www.pionline.com/article/20151229/ONLINE/151229925/appeals-court-upholds-ruling-denying-church-plan-status-for-health-care-system .

[144] Laurence Kaplan v. Saint Peter’s Healthcare System, United States Court of Appeals for the Third Circuit, No. 15-1172, December 29, 2015 http://www2.ca3.uscourts.gov/opinarch/151172p.pdf

[145] Cohen Milstein Sellers & Toll PLLC, “Third Circuit Rules St. Peter’s Healthcare Not a Tax Exempt Church Plan: Appeals Court Rules St. Peter’s Healthcare is Not a Church Plan Exempt From ERISA Laws,” Globe Newswire, December 31, 2015. https://globenewswire.com/news-release/2015/12/31/798872/0/en/Third-Circuit-Rules-St-Peter-s-Healthcare-Not-a-Tax-Exempt-Church-Plan.html?print=1 .

 

 

 

 

 

Franklin Graham: Falwell Prodigy, Putin Lover, and Trump Fan

This week, Franklin Graham—son of famed evangelical Billy Graham and current president of both the Billy Graham Evangelistic Association (BGEA) and Samaritan’s Purse—begins a 50-state tour of the United States. The “Decision America Tour” will feature prayer rallies across the country, calling on Christians to vote, run for office, and “boldly live out their faith.” He insists that he won’t tell people whom to vote for, and even announced recently that he was formally cutting ties with the Republican Party, opting to declare himself independent instead.

Donald Trump chats with Franklin Graham at Billy Graham's 95th birthday party in 2013. Image by Demoss.

Donald Trump chats with Franklin Graham at Billy Graham’s 95th birthday party in 2013. Image by Demoss.

But distancing himself from established political parties doesn’t make him any less political. In December, Graham expressed support for Republican presidential candidate Donald Trump following Trump’s comments calling for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” Whereas prominent leaders from across the political and religious spectrum responded with sharp criticism (even Christian Right leader Russell Moore, president of the Southern Baptist Convention’s Ethics & Religious Liberty Commission, called on Christians to denounce the candidate’s “reckless, demagogic rhetoric,” and former Vice President Dick Cheney argued that Trump’s anti-Muslim plan “goes against everything we stand for and believe in”), Graham quickly jumped to the multi-billionaire’s defense. In a Dec. 9 Facebook post, he pointed out that Trump’s proposal is actually similar to what Graham himself has been saying for months.

Jibril Hough, a spokesman for the Islamic Center of Charlotte, called Republican presidential candidate Donald Trump “the political version of Franklin Graham.” Both Graham and Trump are well known for their bombastic diatribes, and the two seem to be increasingly ideologically synchronized.

On social media, at public engagements, and in interviews, Graham regularly rants against Muslims, LGBTQ people, and just about anyone else who doesn’t fit into his specific Christian Right paradigm. Historically, his comments have been filed away as irrelevant and isolated to a particular breed of [dying] Christianity (like those of the late Fred Phelps of “God Hates Fags” infamy), but with Trump making outright bigotry seemingly acceptable in mainstream media outlets, Graham’s previously dismissible rhetoric is increasingly validated.

And unlike the late Phelps and his Westboro Baptist Church followers, Graham’s bigotry is backed by some significant capital. With a reported revenue of over $460 million (according to 2013 tax returns), his Boone, NC-based Samaritan’s Purse is a powerful organization with an expansive global reach (the organization currently operates country offices and/or relief programs in over 14 countries. To better understand the potential impact of Samaritan’s Purse on LGBTQ people internationally, consider its local work: in 2012, Samaritan’s Purse contributed over $150,000 to North Carolina’s anti-marriage equality amendment, and more recently, Graham mobilized opposition against an ordinance proposed in Charlotte, NC that would have expanded the city’s nondiscrimination protections to include “marital status, familial status, sexual orientation, gender identity and gender expression.” The ordinance did not pass.

In some ways, the Decision America Tour seems inspired by the elder Graham’s ambitious travel schedule—over the course of this career, Billy Graham is said to have conducted more than 400 crusades in 185 countries and territories on six continents. Franklin’s father, however, was comparatively more moderate, and on some issues even took relatively progressive stands. As early as the 1950s, Billy Graham insisted that his revivals and crusades be racially integrated, and he was a strong supporter and friend of Dr. Martin Luther King, Jr. In 1965, following the brutal attack against Civil Rights activists attempting to cross the Edmond Pettus Bridge in Selma, AL, Graham canceled a trip to Europe in order to host a 10-day, racially integrated crusade in Montgomery.

But as anti-Black violence continues to rage in the U.S. today, BGEA’s Franklin Graham has abandoned his father’s efforts toward a more racially just America. Not unlike Trump’s comments that a Black Lives Matter protester who disrupted a November rally in Birmingham, Alabama deserved to be “roughed up,” in a Facebook post published in March 2015, Graham callously responded to the growing national outrage about racist police brutality by suggesting that Mike Brown, Eric Garner, Tamir Rice, Jessie Hernandez, and countless other victims of police violence were at fault for their own deaths.

“Most police shootings can be avoided,” he wrote. “It comes down to respect for authority and obedience. If a police officer tells you to stop, you stop. If a police officer tells you to put your hands in the air, you put your hands in the air.” For Franklin Graham, racism isn’t an issue. For him, the real crisis facing America is that LGBTQ people are emerging from their closets, daring to demand rights and recognition; that women are asserting their bodily autonomy and demanding safe, affordable reproductive healthcare; and that Islam, which he previously described as a “very evil and wicked religion,” simply exists.

If anything, Franklin seems to be following in the footsteps of the late right-wing evangelical Jerry Falwell. In 1976, exactly 40 years ago, Falwell also went on a 50-state expedition called the “I Love America Tour.” The effort is credited with laying the groundwork for the eventual establishment of the Moral Majority, which played a pivotal role in mobilizing conservative Christians into a voting bloc, ultimately advancing a sharp rightward shift in American politics. The fallout of this shift is still deeply evident today, and Graham seems determined to lead a new phase of right-wing Christian influence in local, state, and federal elections across the country.

Graham’s interests and influence also extend far beyond U.S. borders. On a recent trip to Moscow, he met with President Vladimir Putin and discussed “the critical role of the church in restraining evil and fostering biblical values in society.” Lest there be any question as to what “evil” Graham was referencing, he continued: “Thankfully, Russian leaders in the church and government have stood steadfastly against the rising homosexual agenda in their country.”

Specifically, Graham praised Putin’s protection of “traditional Christianity” and for “protecting Russian young people against homosexual propaganda” (a reference to the 2013 “anti-gay propaganda” law which effectively criminalized public LGBTQ advocacy efforts). Graham, who has blamed the Syrian refugee crisis on President Obama’s support for LGBTQ rights, was also full of praise for Russia’s alignment with Syria, and emphasized the importance of protecting Christians there.

Over the last decade, the Russian Orthodox Church (ROC) has flirted with various elements of the U.S. Christian Right (most notably with leaders and affiliates of the World Congress of Families—who convened their latest international gathering of culture warriors in the U.S. for the first time this year), but Graham’s appearance on the scene suggests a whole new level of game-changing developments. Bill Yoder, an American working for the German Evangelical Alliance of Eastern Europe, reported that during his visit, Graham appealed for a new East-West alliance in order to “ward off present-day dangers.”

Yoder indicates that the ROC, which enjoys increasingly friendly relations with President Putin, is endeavoring to form “an alternative global movement” to the historically progressive World Council of Churches. At a press conference in Moscow, it was announced that in the next 12-18 months, BGEA and the ROC will jointly organize an international conference to “discuss the problems of persecution of Christians in different countries of the world.”

So the ROC is aligning itself with Putin, Putin is aligning himself with the Assad regime in Syria, and Franklin Graham is aligning himself with the Putin and now Trump. This can only spell trouble for Muslims, the LGBTQ community, women, reproductive justice, true religious freedom, and for human rights more broadly.

‘Trumping’ Democracy: Right-Wing Populism, Fascism, and the Case for Action

This article is part of the Winter issue of The Public Eye magazine.

The candidacy of Donald Trump has prompted a vigorous public debate over whether or not Trump is flirting with fascism. Some analysts suggest his political dance partner is leading him to the tune of right-wing populism. Other analysts say Trump’s marriage to fascism already has been consummated. Either way, Trump is stomping on the dance floor of democracy in a way that could collapse it into splinters. It’s a “scary moment for those of us who seek to defend civil rights, civil liberties, and democracy itself,” warns political analyst Noam Chomsky.1

Donald Trump speaking at CPAC 2011 in Washington, D.C. Image via Flickr, Gage Skidmore.

Donald Trump speaking at CPAC 2011 in Washington, D.C. Image via Gage Skidmore on Flickr.

Back in 2010 Chomsky started lecturing about the collapse of the Weimar Republic in Germany into the abyss of Hitler’s totalitarian Nazism.2 There are parallels to our current political climate than need to be examined cautiously, even though conditions in the U.S. are not nearly as bad as those faced by the Weimar Republic.

Is it really fair to suggest Trump—neofascist or not—poses a danger to civil society itself, as occurred in Germany at the end of the Weimar Republic? A review of Trump’s rhetoric makes this a legitimate question. Trump keeps gaining ground. As New York Daily News columnist Shaun King wrote in November:

For nearly six straight months, no matter how racist, sexist, anti-immigrant, or anti-Muslim Trump gets, he has maintained his lead in the polls. In fact, from all indications, it appears the more his public talk resembles that of a white supremacist, the more rabid and entrenched his support gets.3

The examples of Trump’s fascist-sounding rhetoric are numerous. In June, Trump tweeted, “I love the Mexican people, but Mexico is not our friend. They’re killing us at the border and they’re killing us on jobs and trade. FIGHT!”4 In July Trump falsely asserted, “The Mexican Government is forcing their most unwanted people into the United States. They are, in many cases, criminals, drug dealers, rapists, etc.”5

Trump’s sexism was displayed at the Republican debate on August 6 when he was asked by Fox News reporter Megyn Kelly about referring to women as “fat pigs, dogs, slobs and disgusting animals.” Trump later attacked Kelly on CNN, saying, “You could see there was blood coming out of her eyes. Blood coming out of her wherever.” The London Guardian reported that the “insinuation that Kelly was menstruating crossed a line for organisers of the Red State Gathering, a conservative event featuring GOP presidential hopefuls.” That group cancelled an appearance by Trump.6

Forging ahead, Trump claimed in September that the United States had become the “dumping ground for the rest of the world” for undocumented immigrants and proposed rounding up and deporting some 11 million of them, including their children, who are U.S. citizens.7 In a series of rambling and contradictory statements, Trump called for widespread surveillance of Muslims and refugees in the United States, and seemed to agree to the need for a federal database registering all Muslims, although he later backed off to say he was only considering it as a possibility. He confirmed that he wanted such a database for all Syrian refugees.8

As Trump’s viciousness ballooned, the corporate press shifted from portraying him as a carnival sideshow geek to recognizing that he posed a threat to civil society and even democracy itself.9

The media reported with palpable disgust when, during a press conference, Trump mocked the physical disability of New York Times seasoned political reporter Serge Kovaleski.10 Amid mounting disruptions of his campaign rallies by anti-Trump activists, Trump began to mock them, tried to silence them, and even ask that they be forcibly removed. In one incident Trump appeared to approve of the physical attack on a Black Lives Matter protestor who interrupted a November rally in Birmingham, Alabama.11

Supporters at a Donald Trump rally in Birmingham, AL, kick and punch a Black Lives Matter protester to the ground. Image via screenshot.

Supporters at a Donald Trump rally in Birmingham, AL, kick and punch a Black Lives Matter protester to the ground. Image via screenshot.

The Washington Post reported that Trump yelled, “Get him the hell out of here… Throw him out,” whereupon the protestor “fell to the ground and was surrounded by several white men who appeared to be kicking and punching him,” while CNN filmed video.12 Trump later remarked on Fox News that “Maybe [the protester] should have been roughed up, because it was absolutely disgusting what he was doing.”13

This was the same rally at which Trump announced to his cheering supporters, “I want surveillance of certain mosques.”14

Trump’s appeal to White Nationalism became increasingly obvious. While Trump can’t control who supports his candidacy, the New Yorker’s Evan Osnos observed with disdain that even “the Daily Stormer, America’s most popular neo-Nazi news site, had endorsed him for President.”15

Writing about Trump’s nasty rhetoric, and the alarming welcome it has found during the Republican pre-primary media blitz, American Prospect journalist Adele Stan put it bluntly:

What Trump is doing, via the media circus of which he has appointed himself ringmaster, is making the articulation of the basest bigotry acceptable in mainstream outlets, amplifying the many oppressive tropes and stereotypes of race and gender that already exist in more than adequate abundance.16

A Weimar Moment?

The Weimar period is crucial to understand because it was that precise moment in Germany’s history when a broad united front, crossing traditional political boundaries to defend democracy, could have blocked the mass base of a right-wing populist movement threatening to morph into a fascist juggernaut.17

Professor Paul Bookbinder at the University of Massachusetts in Boston has studied the Weimar Republic as it eroded into fascism in Germany. His collection of essays at the Facing History and Ourselves website, in a section entitled “The Fragility of Democracy,” explores the moments when public interventions might have altered what happened in Europe.18

As Bookbinder told me, “right now our society is facing some of the same tensions as seen in the Weimar Republic. People didn’t take seriously the threat to democracy when they could have; and when they did see the dangers it was too late.”19 He continued:

There are certainly some similarities to the rhetoric of the Weimar Period in Trump’s speeches, but also in that of some other Republican candidates, and Trump especially seems to be playing to an audience of angry White men who have held a privileged status as a group, but now see their status being challenged by people who they see them as undeserving.

Some commentators now are referring to Trump as a fascist demagogue, and Bookbinder thinks “they have a point” since “Trump is a strange combination of a fascist demagogue and a late night talk show host comedian. But we shouldn’t laugh at him because his is dangerous. When I watch Trump, even his facial expressions have the character I associate with the fascist demagogue Adolf Hitler. Trump’s crude humor also plays to some of the prejudices of many in his audiences.”

Mass Media, Demagogues, and Scripted Violence

Perpetrators of ethnoviolence and attacks based on race, religion, or gender “often take their cues from what they hear in the media,” wrote Robert Reich in a column on his website after the deadly attack on a Planned Parenthood clinic in Colorado Springs in November.20 Reich, Secretary of Labor in the Clinton administration, warned that “the recent inclination of some politicians to use inflammatory rhetoric is contributing to a climate” in which fear of violence is real and growing among targeted groups.

Reich, now a professor at the University of California at Berkeley, was shocked when Republican Presidential hopeful Carly Fiorina continued to allege “that Planned Parenthood is selling body parts of fetuses,” even though the claim has been proven baseless. Fiorina isn’t alone, Reich continued. Mike Huckabee calls it “sickening” that “we give these butchers money to harvest human organs,” noted Reich. And after the Colorado shootings, Trump falsely claimed “some of these people from Planned Parenthood [are] talking about it like you’re selling parts to a car.” Much of Reich’s column consists of a horrific list of physical attacks on facilities operated by Islamic groups and Planned Parenthood in recent months.21

While violence is often used by ultra-right groups such as the Ku Klux Klan and various neonazi groups in the U.S., it is less common in conservative social and political movements. But Trump’s use of alarming right-wing populist rhetoric, aimed at mobilizing his predominantly White base, is changing that status quo.

The conservative Right generally tries to avoid this obvious and threatening sort of inflammatory language. In the Washington Spectator, political journalist Rick Perlstein, who has written several books about U.S. conservatism, observed of Trump that, “Previous Republican leaders were sufficiently frightened by the daemonic anger that energized their constituencies that they avoided surrendering to it completely, even for political advantage.”22 The Nazis cultivated the idea of an apocalyptic battle between good and evil. This, coupled with claims of a Jewish financial conspiracy and a sense of national humiliation that demanded redress, helped mobilize the mass base for fascism among the electorate in Weimer Germany. And it also legitimized the violence that followed Hitler’s rhetoric. Street fighting became rampant during the collapse of the Weimar Republic, as “Brownshirts” took to the streets to attack the targets singled out in Hitler’s speeches as a “threat” to Germany.

Similarly, Trump’s use of demagoguery aimed at scapegoated targets is laced with references to conspiracy theories involving President Obama—namely that he was not born in the United States. Tea Party conspiracists claim Obama is a secret Muslim and part of an evil plot. Trump also portrays Muslims in an apocalyptic framework, implying Muslims are a threat to the survival of the United States. Journalist Deborah Caldwell suggests this has touched a chord precisely because “people find his apocalyptic rhetoric enticing and familiar—because America has end-times obsession deeply embedded in its national psyche.” Conspiracism and apocalypticism are among the core components of right-wing populism, along with demonization, scapegoating, and “producerism,” which is the division of the population into “productive” members of society struggling against the “parasites” above and below who are subversive, sinful, or lazy.23

In their study of how media manipulation for political ends can help incite genocide, Mark Frohardt and Jonathan Temin looked at “content intended to instill fear in a population,” or “intended to create a sense among the population that conflict is inevitable.”24 They point out that “media content helps shape an individual’s view of the world and helps form the lens through which all issues are viewed.” According to the authors:

  • In Rwanda prior to the genocide a private radio station tried to instill fear of an imminent attack on Hutus by a Tutsi militia.
  • In the months before [conflicts] in Serbia, state television attempted to create the impression that a World War II–style ethnic cleansing initiative against Serbs was in the works.
  • Throughout the 1990s Georgian media outlets sought to portray ethnic minorities as threats to Georgia’s hard-won independence.

Frohardt and Temin found that demagogues facilitated the likelihood of violence against specific demonized and scapegoated target groups by creating a widespread fear in the general population that serious—perhaps lethal–attacks on them were “imminent;” even though “there was only flimsy evidence provided to support” these false claims. They continued:

When such reporting creates widespread fear, people are more amenable to the notion of taking preemptive action, which is how the actions later taken were characterized. Media were used to make people believe that “we must strike first in order to save ourselves.” By creating fear the foundation for taking violent action through “self-defense” is laid.

Thus demagogic rhetoric can produce “scripted violence,” in which the demagogue can claim there is no direct link between the inciting language and the violence of “random” perpetrators.25

Using the F-word — Why Terminology Matters

There are good reasons why Trump’s statements cause our progressive antennae to wiggle. Trump’s swaggering demeanor recalls that of Italian Fascist leader Benito Mussolini. A number of journalists have suggested that Trump is using rhetoric similar to that used by Adolf Hitler in mobilizing Germans to support fascism. Some just call Trump an outright fascist.26 In doing so, however, some writers have fallen victim to a hoax quote on fascism wrongly attributed to Mussolini: “Fascism should more properly be called corporatism because it is the merger of state and corporate power.”27

It’s not clear where this fake quote originated, but it confuses Italian corporatist syndicalism with modern business corporations. The spelling is the only major similarity. Mussolini and his adviser, fascist philosopher Giovanni Gentile, consistently wrote that under fascist rule corporations (and all other sectors of society) must bend to the iron will of the fascist ruler.28

Despite how loosely or inaccurately the terms are sometimes used, “fascism” and “totalitarianism” have very specific meanings. A totalitarian state is a central goal of fascist movements, including neofascism and neonazism. Totalitarian states enforce total control over every aspect of a person’s life—political, economic, social, and cultural—in order to reshape the individual and unify society. Totalitarianism is like authoritarianism on methamphetamines. Public debate and opposition are not tolerated. Core democratic systems are crushed. Dissidents are rounded up and sometimes executed. Political theorist and author Hannah Arendt argued that Nazism and Stalinism were the prime examples of totalitarian movements that gained state power.29

However frightening Trump’s ascent might be to progressives, the candidate is neither a neofascist nor a totalitarian ideologue, but a right-wing populist bully. And the distinction matters for reasons that go beyond simple taxonomy. Calling Republicans fascist or totalitarian leads progressive organizers into a dead-end of crafting the wrong tactics and strategies for the moment in which we live.

Professor Roger Griffin is a world-class authority on the subject of fascism, and author of several books including The Nature of Fascism.30 Griffin defines fascism as:

… a revolutionary form of nationalism, one that sets out to be a political, social and ethical revolution, welding the “people” into a dynamic national community under new elites infused with heroic values. The core myth that inspires this project is that only a populist, trans-class movement of purifying, cathartic national rebirth (palingenesis) can stem the tide of decadence.

Another expert, Emilio Gentile, author of The Sacralization of Politics in Fascist Italy, says fascism raises politics to the level of a sacred struggle seeking totalitarian control over society. It is “a mass movement with multiclass membership” that

…believes itself invested with a mission of national regeneration, considers itself in a state of war against political adversaries and aims at conquering a monopoly of political power by using terror, [electoral] politics, and deals with leading groups, to create a new regime that destroys [electoral] democracy.31

Despite Trump’s campaign slogan—the promise to “Make America Great Again”—neither of these definitions describe his program, even though he appears to be getting close to neofascist rhetoric. Trump’s obvious early mass appeal is built around right-wing populism. Matthew N. Lyons and I defined the term in our book Right-Wing Populism in America:

Populism is a way of mobilizing “the people” into a social or political movement around some form of anti-elitism. Populist movements can occur on the right, the left, or in the center. They can be egalitarian or authoritarian, inclusive or exclusionary, forward-looking or fixated on a romanticized image of the past. They can either challenge or reinforce systems of oppression, depending on how “the people” are defined.32

Populism is confusing because it is at once an ideology, a strategic organizing frame, and a rhetorical narrative storyline that names friends and enemies. While left-wing populism often organizes people around expanding economic fairness, right-wing populism relies on prejudice and bigotry, demonization and scapegoating of an “Other,” and fears of traitorous, subversive conspiracies.

Trump uses populist rhetoric to appeal to “the people,” even as he campaigns on his status as an elitist member of the one percent. Margaret Canovan, author of Populism, a key academic book on several populist variants, calls this “politicians’ populism.”33 It’s a cynical scam, but one with a history of short-term success in political contests as the means of one set of elites unseating the faction of elites currently running the government. Italian philosopher Umberto Eco called this a “selective…qualitative populism” and warned that there “is in our future a TV or Internet populism, in which the emotional response of a selected group of citizens can be presented and accepted as the Voice of the People.” Thus we now have Trumpism: the use of right-wing populism to mask the fascistic demonization of targeted groups.

Although they can look similar, right-wing populism is distinct from fascism. As the University of Georgia’s Cas Mudde, an internationally-recognized expert on global right-wing movements, told the Washington Post in an article on Trump, “The key features of the populist radical right ideology—nativism, authoritarianism, and populism—are not unrelated to mainstream ideologies and mass attitudes. In fact, they are best seen as a radicalization of mainstream values.”34

Mudde, author of Populist Radical Right Parties in Europe, sees Trump’s ideology and rhetoric as comparable to several European movements,35 particularly Geert Wilders’ Party for Freedom in the Netherlands, Jean-Marie Le Pen’s National Front in France, and the Danish People’s Party. These right-wing populist movements flirt with fascist themes, but are not full-blown neofascist movements, although they share many similarities in terms of exclusionary rhetoric, organic nationalism, and nativist bigotry.36 The trickiest part is that many scholars now see right-wing populism as a building block of neofascist movements. Fascism emerges from right-wing populist mass movements when a faction of the one percent decides it is necessary to promote violence to regain control of a rapidly destabilizing nation facing a crisis. Fascism is the last resort of those in power trying to maintain control.

Fascism emerges from right-wing populist mass movements when a faction of the one percent decides it is necessary to promote violence to regain control of a rapidly destabilizing nation.

Terminological distinctions matter because some of the strategies and tactics we craft while organizing against a right-wing populist movement must be categorically different from organizing to block the rise of a totalitarian fascist state.

To challenge the current wave of vicious anti-democratic attacks in the United States we must study the forces that have unleashed them as well as determine the exact moment in history in which we struggle against them. People’s lives may depend on it.

As fascism builds toward grabbing state power, the situation quickly unravels.37 Sporadic attacks and acts of terrorism against the named scapegoats become more frequent and widespread. People need to focus on organizing around physical self-defense. This is not that moment. Things are bad, but not as bad as when Weimar collapsed into the hands of Hitler and his thugs.

During a period of right-wing populism, as we are experiencing now, the focus of organizing must be to defend the scapegoats targeted by demagogues like Trump. Millions of White people seem to be having panic attacks in the face of the changing racial demographics of our nation. Our task is to build citywide and even neighborhood coalitions to defend economic and social equality. The coalitions must be multi-issue and cross boundaries of race, gender, class, age, ability, and more.

The focus of organizing must be to defend the scapegoats targeted by demagogues like Trump.

Suzanne Pharr, author of In the Time of the Right, talks about “divisions that kill.”38 By keeping us divided, the defenders of the status quo have an easier time exploiting us. She suggests that in the current political climate, organizers must bring the discussion back to the neighborhood level. “We have to get people to talk about what duress they are experiencing and the losses their communities are experiencing. Then we need to talk about what has been stripped away from our community and family support systems.” This is how we can reach out to our neighbors and convince them to “stop blaming poor people and people of color and start looking in the direction of the forces holding us down.”

But be aware that the targeting by our right-wing adversaries is opportunistic and can shift in an instant to reproductive rights, the LGBTQ community, the environment, or “tax and spend” liberals. Back in 1994 the main target of the Right was the gay community, and right-wing strategists were using race as a wedge issue to get Black ministers to denounce the “Homosexual Agenda.”

The current crop of Republican candidates includes several active with the Christian Right and their agenda to curtail reproductive rights, force gay people back into the closet, and make women handmaids to male supremacy. Meanwhile, Carly Fiorina makes wildly inaccurate statements about Planned Parenthood and Jeb Bush is beating the militarist war drums with a frenzied ad campaign. Behind these candidates are millions of dollars of donations from wealthy “Free Market” fanatics pushing “neoliberal” policies to gut government services and cut taxes for the rich.

No matter who becomes the Republican candidate for President in 2016, the damage is already being done, and it is increasingly harming a range of scapegoated targets. This is a new political and social moment. Republicans have used bigoted rhetoric in the past, but anger has grown as buying power and status have shrunk among many Whites. This is producing a more virulent strain of White Nationalist nativism and masculinist rage.

Why Are These People So Angry?

The crowd listening to Trump’s stump speech in Massachusetts this October cheered his attacks on Mexican immigrants. The supporters my partner and I spoke with were fed up with the status quo, suspicious of President Obama, and very much liked Trump’s campaign slogan, “Make America Great Again.” Great for whom? Cleary not everyone. Trump supporters are angry. They resemble the folks in the film Network, who were told by a raving demagogue to open their windows and shout: “I’M AS MAD AS HELL, AND I’M NOT GOING TO TAKE THIS ANYMORE!”39 This is the quintessential right-wing populist primal scream. Who is kicking them down the ladder of success? Someone has to be blamed for turning their American Dream into a liberal, “politically correct” nightmare.

When Trump uses the phase “politically correct” he is using a concept re-engineered by the Right in the 1980s as a way to silence activists demanding equality for traditionally oppressed peoples and groups in the United States. This is similar to the propagandistic use of terms such as “radicalization” and “extremism” to demonize dissent on both the Left and the Right.

Image via Gage Skidmore on Flickr.

Image via Gage Skidmore on Flickr.

Trump’s rhetorical propaganda is aimed at appealing to a growing base of angry and frustrated White middle and working class people. In a script broadcast by Trump ad nauseum, he is telling them who to blame for their slipping economic, political, and social status. According to sociologist Rory McVeigh, people who join right-wing movements tend to be convinced they are losing or about to lose status, power, or privilege in one or more of three civic arenas: economic, political, or social.40

We have seen exclusionary, repressive, or right-wing populist movements in the United States before. President Andrew Jackson (1829-1837) was cheered as a champion of “the people” even as he kept Black people in chains and forced the Cherokee nation out of their ancestral homeland to make room for White pioneers.41 After the Civil War, the Ku Klux Klan launched a murderous wave of violence against freed slaves and their supporters in the South. The large populist movements of the late 1890s began as an overwhelmingly progressive force, seeking economic fairness and curtailing the abuses of economic elites, but some supporters later turned their anger against Jews and Blacks. The backlash against the Civil Rights movement of the 1960s frequently used populist-sounding conspiracist rhetoric, suggesting that communists and Jews were stirring up otherwise happy Black people in order to prepare the United States for a takeover by the Soviet Union. The presidential campaigns of George Wallace and Pat Buchanan were built using clear and coded right-wing populist appeals to a White nationalist base.42

In more recent history, the rise of the Tea Party exemplified right-wing populism, as an angry constituency was mobilized back in 2009.43 The Tea Party idea originated with supporters of uber-libertarian Ron Paul, but the franchise was scooped up by conservative billionaires who funded trainings and rallies around the country. Over time Christian Right activists played a leading role in local Tea Party groups, shifting the focus to a toxic blend of nativist anti-immigrant and anti-Muslim rhetoric coupled with homophobia and antiabortion propaganda.44 Now the Tea Party grassroots is heavily populated by White nationalists.45 This is Trump’s voter base.

Folks who support the Tea Party and other right-wing populist movements are responding to rhetoric that honors them as the bedrock of American society. These are primarily middle class and working class White people with a deep sense of patriotism who bought into the American dream of upward mobility.46 Now they feel betrayed. Trump and his Republican allies appeal to their emotions by naming scapegoats to blame for their sense of being displaced by “outsiders” and abandoned by their government.

Emotions matter in building social movements. The linkage of emotion and politics are at the heart of a forthcoming book by University of California, Berkeley, sociologist and author Arlie Hochschild. In it, Hochschild reports on many conversations with Tea Party members in the South, where the movement is strongest.47 Many she spoke with long doubted that Obama was American; even after the publication of his long-form birth certificate some still suspect that he is Muslim and harbors ill will toward America. Hochschild also observes that this set of beliefs was widely shared among people who otherwise seemed reasonable, friendly, and accepting. How she wondered, could we explain this?

Her premise is that all political belief

is undergirded by emotion. Given the experiences we’ve undergone, we have deep feelings. These shape our “deep story.” And this is an allegorical, collectively shared, “honor-focused,” narrative storyline about what “feels true.” We take fact out of it, judgment out of it. A “deep story” says what happened to us from the point of view of how we feel about it.

The “deep story” of the Tea Party is that the American Dream has leveled off. Ninety percent of Americans between 1980 and 2012 received no rise in salary while dividends from a rising GDP rose dramatically for the top 10 percent.

Since the election of President Ronald Reagan in 1980, the one percent has enriched itself while pushing most of us into a downward spiral of exported jobs, lower wages, unsafe working conditions, and tax breaks for the wealthy. Government social services such as public health and food stamps have been slashed. Public works projects, from bridges to sewers, have been gutted. Shifting tax dollars to private charter schools has strangled public education, the keystone of democracy. This has been happening in communities of color for decades. Now it is front-page news because research shows it is devastating White working class and even middle class communities.48

Amid a rising gap between the rich and poor, the middle has been pressed out—especially blue-collar men, the bottom of the middle. Their search for other sources of “honor”—what Hochschild feels is an underlying crisis among Tea Party members—has also encountered resistance, and they have met with criticism, insult, and injury, from upper-middle class liberals who look down on them as “rednecks.”

Most Tea Party supporters feel the government is allowing them to be shoved aside, displaced, dispossessed, and disrespected by newcomers, outsiders, and immigrants who they don’t see as proper citizens (no matter their legal status).

Trump is popular among many Tea Party movement activists, although national leaders are remaining coy in terms of an endorsement.49 The Tea Party and Trump conspiracy theories feed off each other, and bolster a sense that there is a plot to disempower White people.

Trump and other Republican candidates capture their hearts and minds by telling them their anger is justified and then point them at scapegoats rather than the institutions that have failed them. A culture permeated by the legacies of White supremacy leads the White middle and working class to blame their real downward mobility on people of color and “non-White” immigrants, and in that way reproduces both structural racism and the class-based power of the one percent.

Much of this rhetoric, like Trump’s, began as a specific attack against Mexicans and Latinos, but it keeps expanding. There is a “Trump Effect increasingly sweeping through the country,” warned immigrant rights activist Pablo Alvarado, Director for the National Day Labor Organizing Network.50 For example, after the Paris attacks a number of Republican governors banned all refugees from entering their states.51 The Puente Human Rights Movement, a grassroots migrant justice organization based in Phoenix quickly responded with a statement declaring, “Scapegoating and xenophobia don’t make us safer.”52 But the attacks aren’t only coming from the Republican Right. Democratic Senator Diane Feinstein, for example, is now criticizing immigrant-sheltering sanctuary cities.53

The center of the entire political spectrum in the United States is being shifted to the Right. The political views of today’s “centrist” Democrats resemble the views of many Republicans during the Nixon administration. White voters have been maneuvered into choosing White racial privilege over their own economic security. This explains the question asked in Tom Frank’s 2014 book, What’s the Matter With Kansas?54 In 2015, the same mass base cheers Trump while he is mobilizing resentment. That tactic, which Jean Hardisty explored in her 1999 book of the same name,55 is a longtime part of right-wing politics in the U.S. But now, as demographers predict that the majority of the U.S. will be non-White by the middle of the century, the existing emotional response behind that resentment is getting stronger.

From Analysis to Action

The debate over what we should call Trump’s vicious political movement should not stop us from organizing now to protect the people being demonized and scapegoated as targets of White rage. The current wave of right-wing populism in the United States is breeding a backlash movement that will take creative and bold strategies and tactics as we organize to defend democracy and diversity in the public square.

Debate over what we should call Trump’s vicious political movement should not stop us from organizing now to protect the people being demonized and scapegoated as targets of White rage.

Trump is a political performance artist portraying the psychological Id of the American Dream. He unleashes the fearful and angry feelings of people who live in a society run as a zero sum game requiring the successful to climb up over those labeled as inferior. So as the old “Liberalism” consensus collapses from the center while the Right is on the rise, what do we do?

Our challenge is to expose the ideas and policies of Trump and his Republican cronies while competing for folks in their voting base who are legitimately concerned about their declining economic and social future. At the same time we need to put pressure on backsliding liberals who now have the space to abandon justice for unauthorized immigrants and other targets of Republican venom.

Our challenge is to expose the ideas and policies of Trump and his Republican cronies while competing for folks in their voting base who are legitimately concerned about their declining economic and social future.

Activists need to build broad and diverse local coalitions that tactically address local issues while strategically linking them to national struggles. Building broad, inclusive, and egalitarian coalitions is hard. Bernice Johnson Reagon is a progressive scholar, singer, and activist. She helped found the women of color a Capella vocal group Sweet Honey in the Rock. Reagon advises that, when doing real coalition building, “Most of the time you feel threatened to the core, and if you don’t, you’re not really doing no coalescing.”56

There are times when liberals and progressives can form alliances, but it can be frustrating. PRA’s founder, Jean Hardisty, explained this in her essay My On-Again, Off-Again Romance With Liberalism. At times when the Right is a growing threat and the Left is weak, she argued, “liberal reforms have to be defended. Now we are swimming against a tide that is thick with peril…and like it or not” progressives must “work with liberals, as well as with any other left-leaning sectors” in a “united front against the agenda of the Right.”57 Also keep in mind the right-wing backlash is a coalition that has fissures and cracks that can be wedged apart. We need to analyze and take advantage of the stress cracks in any right-wing coalition while making sure in our coalition work these strains are openly discussed and resolved honestly and equitably.

The late progressive activist Audre Lorde reminded us that there is “no hierarchy of oppressions.” Race, class, and gender issues are all complex and related, and no single form of oppression trumps another. That’s why the concept of intersectionality is so important. All systems of oppression need to be unraveled. Currently the focus is on the hierarchies of power and privilege that maintain the system of oppression on which this nation was founded: White Nationalism. That’s the primary text and subtext of the Trump campaign rhetoric. At the center of our struggle today is the idea of a “White Race”—which in scientific terms is nonsense. But in terms of the struggle we face, “Whiteness” is at the center. There is a White Race in the minds of millions of Americans. Whiteness is a social, cultural, political, and economic fact.

Right now we need to be organizing against right-wing populist scapegoating, especially racist White Nationalism and anti-immigrant xenophobia. White people need to reach across the political divide and engage White neighbors in conversations about how the nasty rhetoric is making it difficult to have serious discussions on how to fix what is broken. We all need to be engaging in struggles in our local communities, schools, workplaces—even on the supermarket checkout line.

White people need to reach across the political divide and engage White neighbors in conversations about how the nasty rhetoric is making it difficult to have serious discussions on how to fix what is broken.

Back in 2010 as the Tea Party Movement was first brewing, Chomsky raised the example of the Weimar period in Germany as a warning. At a meeting held by Z Magazine, Chomsky fielded a set of questions on how the Left should organize against the racist, anti-immigrant, anti-Muslim, and antigay backlash arising out of the Tea Party.58

“First of all,” he said, “you need to understand it. They say to themselves ‘We work hard, we’re Christians, we’re White…and now They are taking it all away from Us.’”

Chomsky points out that, though often bigoted, these “feelings are genuine…and they have to be dealt with.” Organizing has to be “done in a way which doesn’t frighten people,” that doesn’t “elicit their worst emotions and reactions.” Hochschild’s sociological analyses and Chomsky’s political analysis reinforce each other.

According to Chomsky, we need to pay attention to the feelings of resentment which are “very understandable” from their point of view. You begin by recognizing that their anger “does have legitimate roots. People feel…seriously threatened…people’s way of life is being taken away from them.” It’s not the immigrants who should be blamed, however, but the greed of the financial sector, Chomsky says.

And when organizing, “You don’t want to brazenly flaunt in front of people your attacks on their values.” You need to help them understand that their values should lead them to tolerance instead of hate. Chomsky was asked how activists can build a successful movement. He replied to the whole room, “We all know how…by education, by organizing, by activism.”


Chip Berlet, co-author of Right-Wing Populism in America, has written scores of scholarly and popular articles on human rights, fascism, and right-wing movements. He served as a researcher at Political Research Associates for 30 years, and is creator of Trumpism.usAn expanded set of resources is being updated at Research for Progress.


Endnotes:

1 Correspondence with author.

2 Chomsky first raised the issue of Weimar at a lecture at Left Forum in New York City. Another Chomsky lecture mentioning Weimar presented at the Haven Center at the University of Wisconsin is available as a transcript, http://chomsky.info/20100408/

3 Shaun King, “King: Donald Trump shows he’ll do anything to appeal to his racist supporters,” New York Daily News, (updated) November 22, 2015. http://www.nydailynews.com/news/politics/king-trump-hits-new-racist-tweet-article-1.2443413

4 Affan Chowdhry, “Trump leads in polls despite gaffes,” The Globe and Mail, July 15, 2015. http://www.theglobeandmail.com/news/world/trump-leads-in-republican-race-despite-gaffes/article25516246/.

5 Washington Post, “Fact Checker” column, July 8, 2015. https://www.washingtonpost.com/news/fact-checker/wp/2015/07/08/donald-trumps-false-comments-connecting-mexican-immigrants-and-crime/.

6 Edward Helmore and Ben Jacobs, “Donald Trump’s ‘sexist’ attack on TV debate presenter sparks outrage,” August 8, 2015. http://www.theguardian.com/us-news/2015/aug/09/megyn-kelly-donald-trump-winner-republican-debate.

7 David Leopold, “The shocking reality of Donald Trump’s plan to deport millions, MSNBC, 09/15/15. http://www.msnbc.com/msnbc/donald-trump-shocking-reality-deportation-plan

8 Lauren Carroll, “In Context: Donald Trump’s comments on a database of American Muslims, November 24th, 2015, http://www.politifact.com/truth-o-meter/article/2015/nov/24/donald-trumps-comments-database-american-muslims/.

9 Jason Stanley “Democracy and the Demagogue, Opinionator – A Gathering of Opinion from Around the Web, The Stone, October 12, 2015, http://opinionator.blogs.nytimes.com/2015/10/12/democracy-and-the-demagogue/

10 The Guardian,New York Times slams ‘outrageous’ Donald Trump for mocking reporter’s disability,” November 26, 2015, http://www.theguardian.com/us-news/2015/nov/26/new-york-times-outrageous-donald-trump-mocking-reporter-disability.

11 Jenna Johnson and Mary Jordan, “Trump on rally protester: ‘Maybe he should have been roughed up’,” November 22, 2015, https://www.washingtonpost.com/news/post-politics/wp/2015/11/22/black-activist-punched-at-donald-trump-rally-in-birmingham/.

12 David Mark and Jeremy Diamond, “Trump: ‘I want surveillance of certain mosques’” CNN: Politics, November 21, 2015, http://www.cnn.com/2015/11/21/politics/trump-muslims-surveillance/index.html  The video of the attack is in a section titled “Scuffle breaks out at rally,”

13 http://www.cnn.com/2015/11/22/politics/donald-trump-black-lives-matter-protester-confrontation/

14 David Mark and Jeremy Diamond, “Trump: ‘I want surveillance of certain mosques’” CNN: Politics, November 21, 2015, http://www.cnn.com/2015/11/21/politics/trump-muslims-surveillance/index.html  The video of the attack is in a section titled “Scuffle breaks out at rally,”

15 Evan Osnos, “The Fearful and the Frustrated: Donald Trump’s nationalist coalition takes shape—for now, The New Yorker, “The Political Scene,” August 31, 2015, http://www.newyorker.com/magazine/2015/08/31/the-fearful-and-the-frustrated.

16 Adele M. Stan. 2015, “A Nation of Sociopaths? What the Trump Phenomenon Says About America,” American Prospect, September 9, 2015. http://prospect.org/article/nation-sociopaths-what-trump-phenomenon-says-about-america.

17 Paul Bookbinder, “Choices and Consequences in Weimar Germany,” Section: The Fragility of Democracy, (Weimar Republic Readings): four essays (Brookline, MA, Facing History and Ourselves, no date), https://www.facinghistory.org/weimar-republic-fragility-democracy/readings/choices-and-consequences.

18 Ibid.

19 Interview with the author, December 9, 2015.

20 Robert Reich, “Why Hate Speech by Presidential Candidates is Despicable,” November 29, 2015 http://robertreich.org/post/134235925280.

21 Ibid.

22 Rick Perlstein, “Donald Trump and the ‘F-Word’: An unsettling symbiosis between man and mob,” Washington Spectator, September 30, 2015. http://washingtonspectator.org/donald-trump-and-the-f-word/

23 Berlet and Lyons, Right-Wing Populism in America, 6-9. Terms explained in right sidebar here: http://www.rightwingpopulism.us/.

24 Mark Frohardt and Jonathan Temin, Use and Abuse of Media in Vulnerable Societies, Special Report 110, Washington, DC, United States Institute of Peace. October 2003, http://permanent.access.gpo.gov/websites/usip/www.usip.org/pubs/specialreports/sr110.pdf, (accessed 26/9/2012). Although an excellent study, the report is flawed by the failure to include a single footnote. See also Kofi A. Annan, Allan Thompson, and International Development Research Centre of Canada, The Media and the Rwanda Genocide (Ottawa: International Development Research Centre, 2007).

25 Chip Berlet. 2014. “Heroes Know Which Villains to Kill: How Coded Rhetoric Incites Scripted Violence,” in Matthew Feldman and Paul Jackson (eds), Doublespeak: Rhetoric of the Far-Right Since 1945 (Stuttgart: ibidem-Verlag, 2014). Excerpts at http://www.researchforprogress.us/topic/concept/scripted-violence/.

26 Chip Berlet, “Trump a Fascist?” Research for Progress. http://www.researchforprogress.us/topic/concept/trump-a-fascist/.

27 Chip Berlet, “Mussolini: The Fake Quote,” Research for Progress. http://www.researchforprogress.us/topic/concept/mussolini-fake-quote/

28 Benito Mussolini (with Giovanni Gentile), “The Doctrine of Fascism,” in Enciclopedia Italiana (1932); Benito Mussolini (with Giovanni Gentile), The Doctrine of Fascism (Firenze: Vallecchi Editore, 1935), this was the official English translation of the article in the Enciclopedia Italiana;  Benito Mussolini (with Giovanni Gentile), Fascism: Doctrine and Institutions (Rome: ‘Ardita’ Publishers, 1935), an expanded version of “The Doctrine of Fascism.” A discussion of the use of the fake quote is at

29 Hannah Arendt,  The Origins of Totalitarianism (New York: Harcourt, Brace, 1951). See also: Hannah Arendt, Eichmann in Jerusalem A Report on the Banality of Evil (New York: Viking Press, 1963).

30 Roger Griffin, The Nature of Fascism (London: Routledge, 1993).

31 Emilio Gentile, The Sacralization of Politics in Fascist Italy, translated by Keith Botsford (Cambridge, Mass.: Harvard University Press, 1996); See also regarding Nazi Germany as sacralized politics: David Redles, Hitler’s Millennial Reich: Apocalyptic Belief and the Search for Salvation (New York: New York Univ. Press, 2005); Klaus Vondung, The Apocalypse in Germany ( Columbia and London: Univ. of Missouri Press, 2000). An expanded bibliography is at http://tinyurl.com/toxic-mix.

32 Chip Berlet and Matthew Nemiroff Lyons, Right-Wing Populism in America: Too Close for Comfort (New York: Guilford Press, 2000) http://www.rightwingpopulism.us/.

33 Margaret Canovan, Populism (New York: Harcourt, 1981).

34 Cas Mudde, “The Trump Phenomenon and the European Populist Radical Right,“ Washington Post, The Monkey Cage, August 26, 2015 https://www.washingtonpost.com/blogs/monkey-cage/wp/2015/08/26/the-trump-phenomenon-and-the-european-populist-radical-right/ .

35 Cas Mudde. Populist Radical Right Parties in Europe (Cambridge: Cambridge University Press, 2007).

36 Berlet and Lyons, Right-Wing Populism in America.

37 Bookbinder, “Choices and Consequences in Weimar Germany.”

38 Suzanne Pharr, “Divisions that Kill,” in Eyes Right! Challenging the Right Wing Backlash, ed. Chip Berlet (Boston, MA: South End Press, 1995) http://www.publiceye.org/eyes/div_kill.html.

39 Network, Sidney Lumet and Paddy Chayefsky (Hollywood, CA: Metro-Goldwyn-Mayer 1976), Full quote at Internet Movie Database. http://www.imdb.com/title/tt0074958/quotes.

40 Rory McVeigh, David Cunningham, and Justin Farrell. “Political Polarization as a Social Movement Outcome: 1960s Klan Activism and Its Enduring Impact on Political Realignment in Southern Counties, 1960 to 2000 (American Sociological Review 79, no. 6 2014): 1144-171; Rory McVeigh, “Ku Klux Klan activism in the 1960s is linked to the South’s swing to the Republican Party, London School of Economics, the LSE US Centre’s daily blog on American Politics and Policy, December 17, 2014, http://blogs.lse.ac.uk/usappblog/2014/12/17/ku-klux-klan-activism-in-the-1960s-is-linked-to-the-souths-swing-to-the-republican-party/.

41 Berlet and Lyons, Right-Wing Populism in America, pp. 40-46; Google Educational Resources, “Jacksonian Era: Populism,” online resource, https://sites.google.com/site/jacksonianera/Home/populism.

42 Berlet and Lyons, Right-Wing Populism in America.

43 Chip Berlet, “Reframing Populist Resentments in the Tea Party Movement.” In Steep: The Precipitous Rise of the Tea Party. Lawrence Rosenthal and Christine Trost, eds. (Berkeley: Univ. of California Press, 2014); Devin Burghart and Leonard Zeskind, The Tea Party Movement in 2015, online report, (Institute for Research and Education on Human Rights, 2015). http://www.irehr.org/2015/09/15/the-tea-party-movement-in-2015/.

44 Abby Scher and Chip Berlet, “The Tea Party Moment,” in Nella van Dyke and David S. Meyer, eds., Understanding the Tea Party Movement (Farnham and London: Ashgate, 2014).

45 Burghart and Zeskind, The Tea Party Movement in 2015.

46 Scher and Berlet, “The Tea Party Moment.”

47 The book is tentatively entitled Strangers in Their Own Land: a journey into the heart of the right, (New York: The New Press, 2016)

48 Michelle Chen, “Now White People Are Dying from Our Terrible Economic Policies, Too,” The Nation, November 6, 2015, http://www.thenation.com/article/now-white-people-are-dying-from-our-terrible-economic-policies-too/ Chauncey Devega, “Dear White America: Your working class is literally dying—and this is your idea of an answer?” Salon, Nov 6, 2015 http://www.salon.com/2015/11/06/dear_white_america_your_working_class_is_literally_dying_and_this_is_your_idea_of_an_answer/.

49 S.A. Miller, “Donald Trump enjoys support of tea party movement that refuses to fully embrace him,” The Washington Times, November 22, 2015, http://www.washingtontimes.com/news/2015/nov/22/donald-trump-enjoys-support-of-tea-party-movement-/.

50 Pablo Alvarado, “Reaction: L.A. Sheriff Reverses Course on Jail Deportations,” National Day Laborers Organizing Network, September 22, 2015 http://www.ndlon.org/en/pressroom/press-releases/item/1165-reaction-l-a-sheriff-reverses-course-on-jail-deportations

51 Scott Oathout “Gov. Ducey calls for immediate halt of new refugees to Arizona” KVOA Television, Nov 16, 2015 http://www.kvoa.com/story/30529819/gov-ducey-calls-for-immediate-halt-of-new-refugees-to-arizona.

52 “Puente Responds to AZ Gov. Ducey’s Announcement on Refugees,” Puente Movement, http://puenteaz.org/press-releases/puente-responds-to-duceys-announcement-on-refugees/.

53 Courtney Coren, “Dianne Feinstein Under Fire for Sanctuary City Bill,” August 3, 2015http://www.newsmax.com/Newsfront/Dianne-Feinstein-sanctuary-city-bill/2015/08/03/id/665214. Newsmax is a right-wing website cited here to encourage touring the page to review the rhetoric.

54 Thomas Frank, What’s the Matter with Kansas?: How Conservatives Won the Heart of America (New York, NY: Metropolitan Books, 2004), http://www.whatsthematterwithkansas.com/.

55 Jean V. Hardisty, Mobilizing Resentment: Conservative Resurgence from the John Birch Society to the Promise Keepers (Boston: Beacon Press, 1999). http://www.jeanhardisty.com/writing/books/.

56 Bernice Johnson Reagon, 1983, “Coalition Politics: Turning the Century” in Barbara Smith, ed., Home Girls: A Black Feminist Anthology, Kitchen Table Women of Color Press, 1983; Rutgers University Press, 2000. See also http://www.bernicejohnsonreagon.com/publications.shtml.

57 Jean Hardisty, “My On-Again, Off-Again Romance With Liberalism,” The Women’s Theological Center (now known as Women Transforming Communities), in the Brown Paper series, March 1996. Republished with permission by Political Research Associates, 2015 http://www.politicalresearch.org/2015/03/24/my-on-again-off-again-romance-with-liberalism/.

58 Chomsky’s comments are assembled by the author from a transcript of a videotape of the event. He was speaking at Z Magazine’s Media Institute (for progressive journalists). Video: “What Went Wrong: A Q & A with Noam Chomsky,” a Z Video Production. Chomsky confirmed these are still his views in an e-mail to the author.

The Christian Right Does Not Want Us to Celebrate this Day

In the heat of our political moment, we sometimes don’t see how our future connects deeply to our past. But the Christian Right does — and they do not like what they see. The Christian Right has made religious freedom the ideological phalanx of its current campaigns in the culture wars. Religious freedom is now invoked as a way of seeking to derail access to reproductive health services as well as equality for LGBTQ people. But history provides little comfort for the theocratic visions of the Christian Right.

The first national Day of the New Year will be one that most of us have never heard of. Authorized by Congress in 1992, Religious Freedom Day has been recognized every January 16th by an annual presidential proclamation commemorating the enactment of the Virginia Statute for Religious Freedom in 1786.

This seemingly obscure piece of Revolutionary-era legislation is so integral to our history that Thomas Jefferson asked that his tombstone recognize that he was the author of the bill, along with the Declaration of Independence and the founding of the University of Virginia as one of the three things for which he wished to be remembered.

It is worth taking a moment to understand why Jefferson thought it was that important.

A statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, Va.

Jefferson drafted the bill in 1777 but it took a decade to be finally pushed by the then-member of the House of Delegates, James Madison. It is regarded as the root of how the framers of the Constitution approached matters of religion and government, and it was as revolutionary as the era in which it was written. The bill not only disestablished the Anglican Church as the official state church, but it provided that no one can be compelled to attend any religious institution or to underwrite it with taxes; that individuals are free to believe as they will and that this “shall in no wise diminish, enlarge, or affect their civil capacities.” As the founding documents were developed it became ever clearer that the right to believe differently from the rich and the powerful is a prerequisite for free speech and a free press – and that this is what religious freedom is all about.

Following the dramatic passage of the Statute in 1786, Madison traveled to Philadelphia, where he served as a principal author of the Constitution in 1787. As a Member of Congress in 1789 he was also a principal author of the First Amendment, which passed in 1791.

Jefferson knew that many did not like the Statute, just as they did not like the Constitution and the First Amendment, both of which sought to expand the rights of citizens and deflect claims of churches seeking special consideration. So before his death, Jefferson sought to get the last word on what it meant.

The Statute, he wrote, contained “within the mantle of its protection, the Jew and the Gentile, the Christian and Mohametan, the Hindoo and Infidel of every denomination.”  So with this clear and powerful statement Jefferson, almost 200 years ago, refutes the contemporary claims of Christian Right leaders, many of whom insist that the U.S. was not only founded as a Christian nation, but according to their understanding of Christianity. Jefferson further explained that the legislature had rejected proposed language that would have described “Jesus Christ” as “the holy author of our religion.” This was rejected, he reported, “by the great majority.”

The Virginia Statute for Religious Freedom does not fit the Christian Right’s narrative of history. Nor does it justify their vision of the struggles of the political present, or the shining theocratic future they envision. Indeed, Religious Freedom Day has got to be a dark day for the likes of Tony Perkins, who argues that Christians who favor marriage equality are not really Christians. That is probably why on Religious Freedom Day 2014, Perkins made no mention of what it is really about — and instead used the occasion to denounce president Obama’s approach to religious liberty abroad.

Religious Freedom Day provides an opportunity for us to think dynamically about the meaning of religious freedom in our time – even as the Christian Right seeks to redefine it beyond recognition.

Religious Freedom Day provides an opportunity for us to think dynamically about the meaning of religious freedom in our time – even as the Christian Right seeks to redefine it beyond recognition. The web site that comes up first in a Google search for Religious Freedom Day adds to the misinformation. The group behind ReligiousFreedomDay.com is a small evangelical Christian Right agency called Gateways to Better Education that treats the Day as an opportunity to evangelize. They insist that “Religious Freedom Day is not ‘celebrate-our-diversity day.’” Gateways is part of a wider movement with a long history of efforts to hijack, or compromise, public schools in order to evangelize children. (This is detailed in a book by Katherine Stewart, The Good News Club: The Christian Right’s Stealth Assault on America’s Children.)

Nevertheless, in his 2015 proclamation, President Obama declared that religious freedom “protects the right of every person to practice their faith how they choose, to change their faith, or to practice no faith at all, and to do so free from persecution and fear.”

“The Coalition for Liberty & Justice is a broad alliance of faith-based, secular and other organizations that works to ensure that public policy protects the religious liberty of individuals of all faiths and no faith and to oppose public policies that impose one religious viewpoint on all.”

That’s why it was so significant that in 2015, progressives took a big, bold step to reclaim this progressive legacy of the revolutionary, founding era. The 60 organizational members of the Coalition for Liberty and Justice (including PRA) decided to seize the day. We took to the op-ed pages and social media and launched the conversation that has continued to this day.

More than two dozen organizational members of the Coalition contributed op-eds, blog posts, and a storm of posts on Facebook and Twitter. The Coalition’s “Twitter Storm” reached some 590,000 Twitter accounts and more than six million impressions. In two hours on January 16th alone, there were more than 1,500 tweets and 552 individual contributors. Among the Coalition members that participated were Americans United for Separation of Church and State, National LGBTQ Taskforce, Secular Coalition for America, and the Religious Coalition for Reproductive Choice. Bloggers at Daily Kos contributed a wide variety of thoughts about religious freedom and the Day. The Center for American Progress suggested three ways to celebrate.

The executive director of the Joint Baptist Committee on Public Affairs, J. Brent Walker, took to The Huffington Post to discuss how “Jefferson’s radical Virginia statute created a vital marketplace for religion that must be based on voluntary belief, not government assistance.”

It is, he said, up to religious communities to persuade others of their views, and to “count on government to do no more than to protect our right to do so.”

It would be an understatement to say that the outpouring was broad, diverse, and enthusiastic.

Let’s do it again in 2016.

 

Architects of Christian Right Transphobia Convene in Louisville Today

Co-authored by Tope Fadiran

Celebrities like Laverne Cox and Caitlyn Jenner have become increasingly visible and vocal representatives of transgender people in the mainstream media, with reports going so far as to label this a “transgender tipping point.” But is transphobia, as the media’s labeling implies, actually coming to an end?

In this post-marriage equality moment, the Christian Right is increasingly turning its attention toward the anti-LGBTQ battles it feels more confident about winning, specifically focusing on transgender communities. To bolster their arguments and better equip themselves for this new chapter in the ongoing attack against trans and gender-nonconforming people, the Association of Certified Biblical Counselors (ACBC)—a network of thousands of conservative Christian counselors—is hosting what’s being proclaimed as the “first-ever” evangelical conference on the subject of “transgenderism” in Louisville, Kentucky on Oct. 5th.

Screengrab of CSS's promotional video for the conference in Louisville.

Screengrab of ACBC’s promotional video for the conference in Louisville. Full video at: https://vimeo.com/117870540

“Transgender Confusion and Transformational Christianity” is a pre-conference to ACBC’s annual gathering, which will focus this year on the subject of homosexuality. Dr. Heath Lambert, executive director of ACBC and one of the event’s featured speakers, insists (despite mountains of scientific evidence refuting this harmful idea) that “people who struggle with homosexuality can change.” In addition to promoting so-called “reparative” therapy, Lambert and his colleagues are now focusing on the development of specifically anti-trans theologies and therapeutic practices.

Speaking on behalf of ACBC, he argues, “[A] person cannot possess a gender other than the one they were biologically assigned,” going on to assert that transgender people are “in rebellion against who God made them to be.” We can anticipate that this will be the central theme at next week’s pre-conference—that transgender people don’t exist, and that those who claim a trans identity must be “fixed.”

Among the other anti-LGBTQ academics and theologians joining Lambert is Dr. Owen Strachan, president of the Council on Biblical Manhood & Womanhood—a co-sponsor for the event. CBMW is a conservative evangelical organization established in 1987 to “defend against the accommodation of secular feminism” in the church and promote gender “complementarianism,” which teaches that “distinctions in masculine and feminine roles are ordained by God as part of the created order.”

In plain speak, CBMW’s mission is to counter the influence of gender justice activism and to push back against women’s, reproductive, and LGBTQ rights by making the case for complementarianism through biblical interpretation, “scholarship,” and arguments from “common sense.”

CBMW’s mission is to counter the influence of gender justice activism and to push back against women’s, reproductive, and LGBTQ rights.

The work of this self-described “flagship organization for the complementarian movement” provides talking points and theological rationales against gender equality that reach a large swath of American evangelicals. Thanks to the network of conservative evangelical organizations to which CBMW belongs, its messaging reaches (estimated) millions of U.S. evangelicals through its publications, website, and writings of its influential members. CBMW’s copious teachings on gender difference and “gender confusion” play a significant role in the development and propagation of evangelical messaging against transgender rights and equality.

Further amplifying ACBC and CBMW’s work is the Southern Baptist Convention (SBC). In June 2014, SBC—the largest Protestant body in the U.S., with approximately 16 million members—approved a resolution “On Transgender Identity,” which reinforces patriarchal and misogynistic notions of “complementarity,” and declares that “gender identity is determined by biological sex and not by one’s self-perception.” Additionally, the resolution describes transgender and intersex people as “psychological” and “biological” manifestations of “human fallenness” respectively, and expresses opposition to any form of physical gender transition, as well as any governmental or cultural validations of transgender identities.

The resolution was co-authored by Pastor Denny Burk, who is scheduled to speak at ACBC’s pre-conference. Burk is a professor of Biblical Studies at Boyce College, the undergraduate arm of the Southern Baptist Theological Seminary; he presented at SBC’s Ethics and Religious Liberty Commission’s 2014 conference on “The Gospel, Homosexuality, and the Future of Marriage.”

As reported by Zack Ford at ThinkProgress, in his lecture titled “A Gospel-Centered Assessment of Gender Identity, Transgender, and Polygamy,” Burk dismissed all of the research that shows that gender identity is a biological phenomenon, and that there are serious mental health consequences for denying a person’s gender identity. According to Burk, “The task of parenting—the task of discipling—requires understanding those [gender] norms and to inculcate those norms into our children and to those who want to follow Christ, even those who have deep conflicts about these things.”

Burk has also encouraged Christians to stop using the phrase “gay Christian” because “Christians never speak of ‘lying Christians,’ ‘adulterer Christians,’ ‘fornicating Christians,’ ‘murderer Christians,’ or ‘thieving Christians.’”

Screengrab of ACBC’s promotional video for the conference in Louisville. Full video at: https://vimeo.com/117870540

Screengrab of ACBC’s promotional video for the conference in Louisville features the harmful “bathroom scare” trope. Full video at: https://vimeo.com/117870540

Another featured speaker is Dr. Jim Hamilton, a professor of biblical theology at Southern Baptist Theological Seminary, who has suggested that the appropriate pastoral response to a transgender person is to call them to repentance and tell them that they are “removing themselves from the realm that is safe and the realm in which we can gladly interact with one another.”

“In other words,” he explains, “this is not me choosing to go away from you, and this is not me rejecting you; this is you taking yourself away from our relationship and you ending the normalcy that has existed between us.”

These are some of the architects responsible for manufacturing and perpetuating a cultural climate that justifies physical, psychological, and spiritual violence against trans and gender-nonconforming people. Fortunately, their destructive rhetoric isn’t going unchallenged.

In Louisville, there will be two grassroots youth-led actions at Southern Baptist Theological Seminary during the conference supported by the Fairness Campaign—a local LGBTQ social justice advocacy group—and Louisville Showing Up for Racial Justice. In particular, the groups will be lifting up the issue of violence against Black transgender women. This is the critical sort of resistance that is needed in the face of increasing attacks against trans and gender-nonconforming people. Presenting trans-affirming perspectives in the face of ideologies that ultimately function to promote anti-trans violence and persecution, and holding accountable the American culture warriors who propagate them here and abroad, is a vital part of our journey toward collective liberation.

KYN logoThis is why PRA has partnered with Soulforce to create Know Your Neighbors (KYN)—a project committed to confronting and containing the Christian Right’s anti-LGBTQ, anti-choice agenda. By strategically engaging in coordinated efforts to contain the toxic global spread of U.S. culture wars at their places of origin (where their impact is also being felt), KYN aims to “promote the values of dignity, respect, and justice for all people; interrupt the spread of religiously-based attacks on LGBTQI people and reproductive justice; and support the work of both local and international LGBTQI communities, women, and their allies.”

If you’re interested in learning more about the culture warriors in your own community, and how to creatively and strategically respond, please be in touch: kynship@gmail.com.


Tope Fadiran is PRA’s racial and gender justice fellow. She is the founder and editor of Are Women Human?, a space for queer feminist and critical race analysis of religion and media. As a freelance writer she has contributed to The Guardian, Salon, Religion Dispatches, R.H. Reality Check, Ebony.com, and other outlets. Read more by Tope.

World Congress of Families to Feature Anti-LGBTQ Family Scholars

One of the leading exporters of U.S.-style culture wars—the World Congress of Families (WCF)—is hosting an international gathering of right-wing scholars and activists in Salt Lake City, Utah later this year. It will be WCF’s first major conference on U.S. soil, and the event’s agenda includes a who’s who list of U.S. conservatives. Among them are two individuals who have made it their business to provide academic sanction to some of the Right’s destructively erroneous claims about LGBTQ people: Mark Regnerus and Brad Wilcox.

Since its publication in July 2012, the infamous “Regnerus Study” (officially titled the “New Family Structures Study”) has become a favorite weapon in the Religious Right’s campaign against LGBTQ people. The study, funded by the right-wing Witherspoon Institute and conducted by University of Texas associate sociology professor Mark Regnerus, portrays LGB parents in a negative light, suggesting that children raised by a mother and father in biologically intact families fare better than children raised by LGBTQ people.

regnerus and wilcox

Mark Regnerus of the University of Texas (left) and Brad Wilcox of the University of Virginia (right) will speak at World Congress of Families IX in October.

Regnerus’ work has received immense criticism from a vast assortment of academics arguing that the research is not only methodologically flawed,1 but also unethically motivated and formulated. After listening to testimony from Regnerus and examining the study, Judge Bernard Friedman included the following in his ruling striking down a same-sex marriage ban: “The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration.” Of particular concern is the role of Brad Wilcox, director of the National Marriage Project (NMP) at the University of Virginia.

By the time Wilcox took over as NMP’s top dog in 2009, he had established himself as a prominent sociologist in conservative academic circles, building a résumé featuring connections to some of the Right’s leading institutions, including the World Congress of Families and Witherspoon Institute.

Wilcox first signed on as a research fellow with Witherspoon in 2004. In 2010, he took charge of the think tank’s Program on Marriage, Family, and Democracy and, from that position, birthed the New Family Structures Study.2 As Philip Cohen outlined in a 2013 exposé, Wilcox conceived of the study during his first year as head of Witherspoon’s marriage project, established funding (almost entirely from the Witherspoon Institute itself), and recruited Regnerus to serve as the lead investigator (reportedly because he was too busy to do it himself). Records show that he was also paid $2,000 as an official consultant for the study, and ultimately suggested Social Science Review—where he sits on the Board of Advisors—for its publication. Neglecting the obvious conflict(s) of interest, evidence additionally indicates that Wilcox served as one of three peer reviewers for Regnerus’ submission before it went to press.

This combination of poor scholarship and unscrupulous practices was seemingly justified by the greater goal: preventing same-sex couples from marrying. In an email to Regnerus sent in the early stages of the project’s development, Witherspoon President Luis Tellez wrote, “It would be great to have this before major decisions of the Supreme Court.”

RELATED: Read our full research report on the World Congress of Families

RELATED: Read PRA’s full research report on the World Congress of Families

And sure enough, Regnerus pulled through. His study was first reported on by the Mormon Church-owned Deseret News, where Witherspoon co-founder Robert P. George sits on the editorial board. It was instantly popular amongst conservative circles, including legal scholars. Regnerus’ research was cited as evidence in several amicus briefs submitted to the Supreme Court ,as it weighed in on the constitutionality of California’s anti-marriage equality Proposition 8, and has subsequently been cited in legal battles against marriage equality and adoption rights all across the country. It’s also been referenced in legislative debates over numerous anti-LGBTQ bills and ballot initiatives, and has even found an international fan-base. According to a Right Wing Watch investigation, Regnerus’ study influenced the authors of Russia’s “Anti-Gay Propaganda” law, and was also cited extensively in a proposed law that sought to strip LGBTQ people of their parental rights (the legislation classified homosexuality in the same category as drug abuse and child abuse as offenses meriting the loss of custody).

Who can we credit with translating and distributing the New Family Structures Study to a Russian audience? One of the responsible parties is Brian Brown, head of the National Organization for Marriage.

In its early days, NOM (also co-founded by Robert P. George) shared an office with Witherspoon Institute, and Luis Tellez has been a member of the NOM board of directors since it began in 2007. The organization was explicitly formed for the purpose of passing California’s Proposition 8 marriage amendment, and in the years since, NOM has established itself as one of the leading antagonizers of LGBTQ people in the U.S. and around the world. In June 2013, Brown testified in Russia at a joint Duma committee hearing on “traditional values.” Right Wing Watch reported that Regnerus’ study played a central role in that discussion.

During this same time period, leaders from the World Congress of Families (WCF) were also in Moscow, preparing for what was intended to be their 8th international convening (subsequently “canceled,” purportedly due to concerns over Russia’s annexation of Crimea from Ukraine3). NOM has been a member of WCF since 2011, and Brown is a big fan. In WCF promotional material, he’s quoted as saying, “The World Congress of Families is THE group standing up for the family around the world. They have done amazing work in uniting all of those who stand for the truth about marriage and family.”4

Wilcox, too, is a long-time WCF supporter. He’s been on the editorial board for The Family in America—a publication of WCF’s parent organization, the Howard Center, since 2009—and this will be his second time to take the stage at one of WCF’s international gatherings. Though it will be Regnerus’ first official appearance, his work will make him a familiar—and popular—face.

Speakers at the event will likely do their best to moderate both their tone and rhetoric while in front of U.S. press, but the destructive impact of WCF affiliates on LGBTQ people and reproductive justice—both locally and globally—cannot be overstated. Just as Wilcox and Regnerus have learned to cloak the Right’s vitriolic rhetoric in academic terms, WCF and its myriad supporters have become increasingly deceptive in their anti-LGBTQ, anti-reproductive justice agenda.

But be not deceived: promotion of the “natural family”—no matter how glossy the brochure or eloquent the speech—is intended as an attack on LGBTQ people and women, and WCF IX presents a unique and important opportunity to confront and hold accountable some of the key leaders behind this deception. Students and colleagues of Brad Wilcox and Mark Regnerus who are opposed to their manipulation of academia for the purpose of furthering anti-LGBTQ, anti-reproductive goals need to speak out. Their work has severe implications for social justice efforts across the country and around the world, but if we can confront these culture warriors in their places of origin—before they board that plane to Salt Lake City (or Russia, or Uganda)—we can begin to contain this toxic spill.


Footnotes:

[1] In a friend-of-the-court brief to the Supreme Court in 2012, a report by the 14,000-member American Sociological Association argued, “If any conclusion can be reached from Regnerus’s study, it is that family stability is predictive of child well-being.” (The report observed that more than half the subjects who were described as children of “lesbian mothers” and “gay fathers” were the offspring of failed opposite-sex marriages in which a parent later engaged in “same-sex behavior,” and that many others never lived with same-sex parents.)

[2] Incidentally, Wilcox’s tenure at the conservative (and controversial) Witherspoon Institute has been omitted from his official CV. His connections to WCF are also curiously missing.

[3] The event actually went ahead as scheduled, only slightly disguised by the use of a different name: “Large Families and the Future of Humanity International Forum” (held on the exact dates and in the exact same venues that WCF VIII was originally scheduled).

[4] Brown spoke at WCF VI in 2012, and is also scheduled to speak at WCF IX in October.

Big Questions About Templeton: How the Philanthropic Giant Legitimizes Faith Healing

Click here to print the magazine version

Click here to print the magazine version

This article appears in the Summer 2015 edition of The Public Eye magazine.

On May 18, 2012, Christianity Today, the most influential magazine within evangelicalism, reported that there were “credible reports” that Christian evangelist Heidi Baker had healed the deaf and raised people from the dead where she was working in Mozambique.1 Baker claimed that “100% of the deaf in the Chiure area” of the country had “been healed through prayer.” In addition, Baker argued that “scores” of people had been resurrected and the blinded and disabled “restored.”2

Such a report must have struck some Christianity Today readers as oddly out of place; the magazine has long been known for approaching the miraculous much more cautiously than competitors like Charisma, the leading magazine for Charismatic and Pentecostal believers.i Yet Christianity Today’s coverage of Baker’s activities could not have been more credulous; the magazine valorized Baker’s missions and healing activities in Africa, stopping just short of declaring her an evangelical saint.3

John Templeton introduces the 2011 John M. Templeton Jr. Lecture on Economic Liberties and the Constitution. Photo via Flickr and by Jeff Fusco, use courtesy of the National Constitution Center.

John Templeton introduces the 2011 John M. Templeton Jr. Lecture on Economic Liberties and the Constitution. Photo via Flickr and by Jeff Fusco, use courtesy of the National Constitution Center.

In the course of the article, two academics were quoted regarding Baker: Indiana University’s religious studies professor Candy Gunther Brown and Michael McClymond, a theology professor at St. Louis University. Both academics were quite flattering in their description of Baker. For example, Brown commented that “‘Heidi is a hero to young women,’ so much so that scholars joke about ‘Heidiolatry.’”4 Indeed, Brown had been so intrigued by Baker’s claims that she “sought to verify them scientifically.” Thus Brown and a small team traveled to Mozambique and tested 24 Mozambicans “before and after healing prayer.” Brown found “statistically significant improvements in hearing and vision”5—an astounding claim, given that previous studies concerning the efficacy of prayer have reported mixed results at best.6

The lion’s share of Brown’s funding came from the John Templeton Foundation’s Flame of
 Love Project, which contributed $150,000 dollars to her research.7 
The Templeton Foundation was founded by billionaire Sir John Templeton, who made his fortune 
in mutual funds. Templeton had a 
keen interest in religion, his own
beliefs an eclectic union of Presbyterianism, New Thought, and Eastern influences; he borrowed
 from sources ranging from Nor
man Vincent Peale to Ramakrishna. Many of the traditions Templeton drew from emphasize spiritual exploration, “mind over matter” ideology, and positive thinking.8 Today, the $3.34 billion-endowed John Templeton Foundation awards some $100 million in grants yearly to organizations and projects that study the intersection of religion and science.9 There’s the eight-year, $9.8 million grant given to Duke University’s Center for Spirituality, Theology and Health, as well as a nearly $2.2 million grant awarded to the University of Pennsylvania for the establishment of a Positive Psychology Center, which afforded the Foundation the opportunity to exercise important influence over this emerging school of psychology.10

In general, the Foundation has sought to create a rapprochement between science and religion—from healthcare to biology, positive psychology to theology.

While this goal has been heavily criticized by many scientists (for instance, prominent physicist Sean Carroll11), the Foundation has made a major name for itself in academia, thanks in part to increasing competition for research funds among academics. This article seeks to trace the impact of the Templeton Foundation by exploring a slice of its influence on research into the Charismatic and Pentecostal movements.

The Templeton Foundation

The origins of the Foundation can be traced to the Templeton Prize for Progress in Religion, founded in 1972 and given “each year…to a living person who has shown extraordinary originality in advancing humankind’s understanding of God.”12 The Prize originally operated like a Nobel Prize for religion,13 though today it is as likely to be awarded to scientists as to theologians or other spiritual leaders.14 At the time that Templeton formed his Foundation in the mid-‘80s, writes journalist Nathan Schneider, “conventional wisdom . . . held that religion would retreat as science secularized the world.”15 Templeton sought to forestall this decline. What allowed the Foundation’s religion and science agenda to take off, however, was Harvard planetary scientist Charles Harper’s 1996 decision to join the Foundation as its executive director. Harper took Templeton’s ideas and visionary speculations and shaped them “into a package of programs that could begin to look credible to the scientific community.”16

Much ink has been spilled about the Templeton Foundation’s influence on research in the hard sciences. Zoologist and outspoken secular activist Richard Dawkins has quipped that the Templeton Prize is usually given “to a scientist who is prepared to say something nice about religion.”17 Jerry Coyne, a prominent American biologist, condemned Templeton’s mission as a “serious corruption of science” and warned of the “cronyism that has always infected Templeton,”18 particularly in relationship to its study of “Big Questions,” a somewhat vague field of inquiry centered on quandaries like the nature of free will, consciousness, and evil.19 Sean Carroll’s criticisms of Templeton are somewhat more measured; he does not think there is any hard evidence that “Templeton works in nefarious ways to influence the people it funds.” For Carroll, the problem isn’t that Templeton is anti-science, but rather that “their views on science are very wrong.”20 Quantum physicist Michael Brooks echoes these views in the New Scientist, contending that Templeton does a disservice not so much to science as to religion, by advancing a conception of religion so “stripped-down, vague and wooly” that it “puts the new Templeton religion comfortably beyond assault from questioners.”21

Google’s research director called Brown’s methodology “a perfect example of how not to do experiment design.”

Within the hard sciences, a firm ideological line has developed between critics of the Foundation—many of whom are New Atheists—and supporters of the Foundation, which can sometimes lead to charges of partiality and anti-religious prejudice. Yet even Jeffrey Schloss, a Templeton trustee, has admitted that without the Foundation, there would “be a bit less accommodationist fluff that proposes integration [between religion and science] at the expense of rigor.”22

While the Foundation’s influence on the hard sciences has often been the focus of criticism, the social science- and healthcare-related research in which it engages can be far more problematic. The more subjective nature of the social sciences—and, to a lesser extent, healthcare—may make these fields more vulnerable to pseudoscientific concepts and dubious methodologies.

The ready acceptance of pseudoscience undergirds Templeton’s “history of seeding fields of study almost from scratch,” as Nathan Schneider describes it.23 In the early 1990s, the Foundation began heavily funding the National Institute for Healthcare Research (NIHR), an organization established “to ‘objectively’ examine the role that religion and spirituality might play in physical and mental health.”24 At the time, hardly any medical schools offered courses on religion. But today, after two decades of Templeton-promoted research, three-quarters of U.S. medical schools utilize spirituality within their curricula.25 This development was facilitated by a combination of awards given to NIHR researchers; an NIHR-derived, multi-volume literature review of religion and health research; and numerous Templeton Foundation-funded programs concerning the intersection between science, religion, and medicine.26

And it is the NIHR’s research that helped pave the way for Christianity Today to claim there were scientifically “credible reports” of faith healing in Mozambique.

Intercessory Prayer and The Stepp Study

At a Templeton-sponsored conference in the mid-1990s, Margaret Poloma, a sociologist who studied Charismatic and Pentecostal religious movements, met bioethicist Stephen Post, who would go on to create the Institute for Research on Unlimited Love (IRUL).27 Poloma and Post soon became Templeton grantees themselves, and by 2007 both had become co-directors (along with two other academics) of the Flame of Love (FOL) Project,28 the goal of which was to establish “a new interdisciplinary field of study [called] Godly Love.”29 The exact parameters of the science of Godly love are rather unclear; even Anthea Butler, who has been involved with the Templeton Foundation’s Project on Global Pentecostalism,30 told Schneider that initially “nobody in the field could figure out what the hell [Poloma] was talking about.”31

As defined by Poloma and her Templeton-sponsored colleagues, Godly love is “the dynamic interaction between divine and human love that enlivens and expands benevolence.” To put it simply, the key takeaway is that while neither God Himself nor His interactions with human beings are measurable phenomena, individuals’ perceptions of interactions between human beings and God can be measured.32

The Flame of Love Project, which received an initial Templeton grant of more than $2.3 million,33 was a massive undertaking, funding ten academic books (by significant figures in their respective fields), scores of academic articles, conference presentations, and book chapters.34 Among these projects was Brown’s prayer research: the “Study of the Therapeutic Effects of Proximal Intercessory Prayer… on Auditory and Visual Impairments in Rural Mozambique,” known as the STEPP study for short. The study focused on Iris Ministries (now Iris Global), which Baker and her husband founded, along with the closely aligned Global Awakening ministry.35

Brown’s STEPP project is a part of a long line of academic “prayer studies” conducted in recent years, not all of which have found prayer to have positive effects. Many of these studies sought to evaluate “distant healing” or “distant intentionality”—the act of praying for others often referred to as “intercessory prayer.”36 As of 2005, three studies had been conducted on remote intercessory prayer’s effect on heart patients. Two of these studies concluded that the prayed-for group fared better than a control group. However, the third found no difference. Another study—a relatively well regarded, Templeton-funded $2.4 million project directed by Herbert Benson—studied 1,802 patients recovering from coronary artery bypass graft surgery and concluded that “distant prayer” had no effect. And, as Dr. Richard Sloan, a leading critic of prayer research, points out, researchers claiming benefits from prayer may have succeeded simply because they tested for so many different health benefits that simple random chance produced the positive results.37

If one were to accept the prayer studies’ premises and conclusions, one would still encounter other basic problems with conforming prayer-based research to the scientific method. How can researchers, for example, be sure that it is intercessory prayer performed by study participants that is helping, and not the prayers of concerned outsiders?

Candy Gunther Brown and her team sought to address some of these issues by looking at a more immediate form of prayer known as proximal intercessory prayer (PIP), which focuses on physical healing (primarily through laying-on of hands, per Charismatic tradition). Moreover, Brown argued that one must distinguish between PIP and other proximal healing techniques, such as “Therapeutic Touch,” since they had a “different healing mechanism.”38 Her study looked at the effect of “direct-contact prayer,” involving touch and the laying-on of hands, on subjects’ vision and hearing.39 Brown and her colleagues claim to have found “statistically significant” findings in visual and auditory improvements across the tested populations.40

Brown argued that the findings of the study were significant enough to warrant further study, which would “assess whether PIP may be a useful adjunct to standard medical care for certain patients with auditory and/or visual impairments, especially in contexts where access to conventional treatments is limited.” She continued:

The implications are potentially vast given World Health Organization estimates that 278 million people, 80% of whom live in developing countries, have moderate to profound hearing loss in both ears, and 314 million people are visually impaired, 87% of whom live in developing countries, and only a tiny fraction of these populations currently receive any treatment.41

In other words, Brown was suggesting that work like Baker’s might serve as an effective treatment strategy in medically underserved developing nations.

Unfortunately for the study’s subjects, however, Brown’s claims were not all they appeared to be. Peter Norvig, former division chief of computational sciences at NASA’s Ames Research Center and current director of research at Google, declared that Brown’s study suffered from several fatal design problems: it lacked a randomized control group; there was no double-blinding in the study; and the sample size for the treatment group was only 24 people.42 According to Norvig, “Rather than choose a cross-section of subjects, the experimenters specifically chose subjects from rural Mozambique who were attending an evangelical revival meeting—subjects who would be favorably inclined to (consciously or unconsciously) demonstrate a benefit from prayer.”43 Brown’s research methodology was so flawed that Norvig called it “a perfect example of how not to do experiment design.”44 Psychologist Jean Mercer, a leading authority on pseudoscience in the social sciences, further criticized Brown and her colleagues for introducing too many confounding variables into the study through their “amateurish methods of assessing hearing and vision.”45

Heidi Baker pays a Christmas visit to Iris Ministries' Zimpeto Children's Center in Maputo, Mozambique. Photo from Wikimedia Commons and courtesy of user Wunder

Heidi Baker pays a Christmas visit to Iris Ministries’ Zimpeto Children’s Center in Maputo, Mozambique. Photo from Wikimedia Commons and courtesy of user Wunder

Despite the ethical and methodological problems associated with Brown’s study, it received plentiful funding from the Templeton-sponsored FOL project ($150,000), as well as from the Lilly Endowment ($50,000) and Indiana University Bloomington ($50,000), Brown’s home university and a premier institution of higher learning.46 Brown also used the STEPP study as the basis of her 2012 book Testing Prayer, which was published by Harvard University Press. Such scholarly trajectories are becoming increasingly common for Templeton academics in a wide variety of fields. It is startling to see how many Templeton-connected academics end up publishing their work through Oxford or Harvard University Press. A 2014 report enumerating IRUL-produced books (i.e., works published or edited by IRUL associates) includes seven titles published by Oxford University Press, and another three in press or under review by that prestigious publisher.47 While not as many Templeton-associated academics seem to have linked themselves with Harvard University Press, some of those who have published through it have close links with the Foundation or are major figures in the Foundation’s history. For instance, Charles Taylor, whose A Secular Age was a major Harvard University Press publication in 2007, won the Templeton Prize for the same year.48

Templeton and The New Apostolic Reformation

Brown represents a particularly extreme example of distorted research engendered by Templeton money and legitimized by a major academic publisher. However, the methodological flaws in the STEPP study point to problems pervading the Flame of Love project as a whole— problems the Templeton Foundation should have recognized. The “Godly love” study that anchored the larger FOL project was based on the “Great Commandment to love God and love neighbor as self.”49 The researchers proposed that Godly love—the interaction between humanity and what is perceived as the divine—can be studied through figures known as exemplars: individuals who are supposed to be unusually benevolent within their own communities, and who have often received awards and honors (both secular and religious) for meritorious acts of service.50 These individuals were held up as the best embodiment of the Great Commandment. This research relied on what is known in the social sciences as an inductive/phenomenological method, which sought to “better understand” the subjective experiences of exemplars.51 While there is nothing inherently wrong about such a research process—anthropology, for instance, often relies on the phenomenological approach—it made the Flame of Love project unusually open to political propagandizing, since the subjective experiences studied depended almost entirely on which “Godly exemplars” were chosen to represent the idea of Godly love.

Many of the Godly exemplars
 profiled by Flame of Love are as
sociated with the New Apostolic
 Reformation (NAR), a right-wing
 Charismatic and Pentecostal 
movement organized around parachurch groups known as apostolic networks. The NAR is committed to the principle of spiritual warfare against evil spirits that it believes threaten the well-being of Christians. One such exemplar is Che Ahn, who founded the evangelical organization The Call along with Lou Engle, the Charismatic evangelist associated with the 2009-2010 Ugandan“Kill the Gays” bill.52 Poloma herself describes the two men’s close friendship in glowing terms.53

Ahn (like Heidi Baker, another exemplar) is a member of the Revival Alliance, a powerful apostolic network that oversees six other major apostolic networks.54 The leaders of five of these six subordinate ministries, along with several of their spouses, are among Flame of Love’s highlighted Godly exemplars. The STEPP study, too, is marked by such connections: Alliance member Randy Clark, founder of the evangelical Global Awakening ministry, has worked closely with Stephen Mory, one of the study’s co-authors.55 Moreover, Candy Gunther Brown herself has served on the board of directors of the Global Medical Research Institute, a prayer research organization that originated as a Global Awakening initiative, though independent of that ministry.56 Subjects for the STEPP study were primarily recruited at meetings cosponsored by Global Awakening and Baker’s Iris Ministries.57

The Revival Alliance leaders’ work incorporates some shocking ideas about a variety of issues, particularly mental healthcare. Baker is known for “‘expelling’ demons from children.”58 Another couple has helped promote the supernatural healing of autistic children59 through a particular form of Charismatic exorcism, or deliverance, called Sozo.60 As I wrote in my 2015 book The Failure of Evangelical Mental Health Care, Sozo’s healing practices seem little different from the long-discredited practice of recovered memory therapy. (Sozo leaders and proponents also maintain, in terms akin to the increasingly discredited diagnosis of multiple personality disorder, that individuals with bipolar disorder have “parts,” or people living inside of them who need to be integrated into a core personality.ii)

While the Flame of Love Project was ostensibly a scientific enterprise, in practice the project served primarily as a public relations project celebrating NAR leaders, as well as providing an academic justification for many of their beliefs and policy priorities, including their economic agenda. The Templeton Foundation has enjoyed a friendly association with a variety of right-wing groups and think tanks that share its support for open markets and entrepreneurship; the Heritage

Foundation, for instance, received more than $1 million in Templeton funding between 2005 and 2008, while the Cato Institute received more than $200,000.61 Relatively speaking, grants to conservative think tanks represent only a minor portion of the Foundation’s philanthropy, but even prominent conservative political voices like The National Review have pointed to the Foundation as a funder of right-wing policy drivers.62 Transformationalism, the NAR’s unique form of conservative economics, fits in well with the Templeton agenda; it promises a solution to global poverty rooted in the belief that the marketplace is the best foundation for economic reform.63

Flame of Love co-director Margaret Poloma was herself so well regarded in the NAR movement that Charismatic leader John Arnott (yet another exemplar) entrusted her with the task of mediating a conflict between his ministry and John Wimber, a major evangelical leader who was critical of Arnott.64 At the time when Poloma engaged in this mediation process, she was conducting academic research on the Toronto Blessing, a revival that Arnott was leading.65 Most academics would seek to avoid conflicts of interest like this, but in the Flame of Love universe it is common for academics studying the intersection of religion and science to blur the lines between the academic study of revivalistic culture and participation in that culture.

In addition to all the methodological dilemmas in the STEPP study and Flame of Love’s elaborate ties to the group they purport to study, there’s a further conflict of interest in how the results of this research are ultimately presented. The Southern Medical Association, which publishes the Southern Medical Journal, in which Brown’s paper first appeared, has twice received contributions—$98,889 in 2006 and $73,673 in 2007—from the John Templeton Foundation.66

The Future

After Sir John Templeton’s death in 2008, the heir to his legacy was Jack Templeton, an evangelical doctor with abundant conservative political connections who had been active in fighting same-sex marriage and defending the Iraq War. He and his wife Josephine contributed $1 million to the fight to pass California’s anti-same-sex marriage Proposition 8.67 Jack Templeton was also the second- largest donor to the Red White and Blue Fund (RWB), a super-PAC that supported Rick Santorum’s 2012 presidential primary campaign.68 The younger Templeton passed away in May 2015,69 but before his death, both critics and Templeton grantees worried that Jack would steer the Foundation further to the right, and perhaps further away from mainstream science.70

The Foundation did shift its focus during Jack Templeton’s reign, but not as anticipated. Previous areas of specialization, such as “spiritual information” and “humility theology,” were replaced with the paradigm of “Big Questions,” in which philosophy and cosmology tended to receive more emphasis.71 There remained a guiding interest in faith and medicine, but the projects approved under the younger Templeton often concentrated more on the intersection of faith and psychology than on prayer studies. While not always perfect, this work was certainly more scientifically rigorous than the Flame of Love Project. Now, with the death of Jack Templeton, it’s unclear what direction the Foundation will take. Moreover, serious repercussions from the Foundation’s earlier work remain. Though the scientific community has rallied in recent years to protest the dangers of creation science and intelligent design theory, this focus on conservative responses to hard science has led many to overlook the more pressing dangers posed by right-wing influences on healthcare and social science research. Pseudo-science supporting faith healing can lead directly to the injury or death of those treated, if placebos or harmful treatments are used in place of tested and effective medical care.72 
While the influence of fundamentalism is diminishing, the Charismatic and Pentecostal movements continue to gain power among the Christian Right, with growth rates unrivaled in the Christian world.73 When it comes to scientific debates, these movements are not focused primarily on evolution or cosmology, but on faith healing. It is likely that this issue area—and not the waning conflict over evolutionary biology or cosmology—will represent one of the most important scientific battlegrounds on which 21st Century conservative Protestants will make their stand.

Candy Gunther Brown herself has contended that “divine healing is the single most important category [of pentecostal religious practice]…for understanding the global expansion of pentecostal Christianity.”74 And Brown is correct to point out that it is precisely in “regions of the world where poverty and sickness seem most overwhelming”—mostly regions with a colonial legacy—that Pentecostalism has seen its most rapid growth.75 As a result, this conflict may have far more immediate human costs than the creation science conflicts of the 20th Century.

Consider the large mental healthcare providers who, as I argue elsewhere, base their treatment on practices such as exorcism rather than research-tested mental healthcare interventions. In 2008, Australia was scandalized when Mercy Ministries Australia—a group of large treatment centers for young women, including many suffering from eating disorders—turned out to have based their treatment regimen on the exorcism manual Restoring the Foundations. A constant element of controversy in the ensuing Mercy Ministries scandal was the correct means of delineating the differences between faith healing and healthcare; ministries like Mercy operated in a gray area where either definition could be deemed appropriate, depending on the context.76

But even in situations where the line between faith healing and medicine is clearer, the real and potential influence of the Brown study cannot be ignored. By 2007, writer and Iris Ministries supporter Donald Kantel (who studied under Heidi Baker) claimed that pastors associated with the ministry had raised over 50 people from the dead throughout Southern Africa in a five-year period. The ministry also purported to engage in miraculous healings and supernatural multiplications of food.77 The popularization of “dead raising” teams—groups of people engaged in attempted resurrections—throughout the NAR could certainly not have been hurt by either the Brown study or the Christianity Today treatment that publicized its results. Nor can we ignore the influence of Global Awakening, whose revival events in Brazil, Mozambique, and India attract crowds of 100,000 people at a time; according to Brown, claims of divine healing often reach the thousands during such events.78 Here Brown’s influence is perhaps most marked, as her books are sold by Global Awakening’s own bookstore—a very unusual honor for any academic, particularly a secular academic such as Brown.79

The danger here is not so much that the Templeton study will be utilized to form new healthcare systems based on Brown’s model. Rather, the problem is that Brown’s research, like much of the Flame of Love project, will be utilized as a justification for preexisting Pentecostal and Charismatic healing initiatives in the developing world: a new wrinkle in an old colonial tale. This may not be the future the Templeton Foundation has envisioned for their work; yet it’s the future the Templeton Foundation has helped make possible.


John Weaver is an English lecturer at Binghamton University. His scholarship, including his 2015 book The Failure of Evangelical Mental Health Care, focuses on how evangelical theology informs the mental health beliefs of the evangelical subculture.


Footnotes:

i. The Charismatic and Pentecostal movements are Christian theological traditions devoted to the belief in, and practice of, “gifts of the Spirit” in the modern Christian church, such as healing and speaking in tongues. Candy Gunther Brown, much referenced in this article, uses the lowercase term ‘pentecostal’ to refer to “both Pentecostals and second and third-wave Charismatics.” ‘Charismatic’ often refers to a kind of Pentecostal- lite, or alternately to the combined Charismatic and Pentecostal traditions (which is the sense in which I use the term here). As I have argued in The Failure of Evangelical Mental Health Care and in a forthcoming work on the New Apostolic Reformation, the idea that “classical” or traditional Pentecostals are more theologically and politically extreme than Second or Third Wave Charismatics collapses under any sustained historical scrutiny. (See John Weaver, The Failure of Evangelical Mental Health Care, [Jefferson, NC: McFarland, 2015], 15-16 and Candy Gunther Brown, “Introduction: Pentecostalism and the Globalization of Illness and Healing,” in Global Pentecostal and Charismatic Healing, [Oxford: Oxford University Press, 2011], 14.)

ii. It is quite clear from the Sozo material that the term “parts” is being used in a semantically identical fashion—albeit with a Christian twist— to the term “alters,” utilized among secular supporters of the increasingly controversial dissociative identity disorder (DID) diagnosis. Monica Pignotti and Bruce Thyer, writing in Science and Pseudoscience in Clinical Psychology, have expressed concerns that DID therapy and parts work have not been adequately tested and can in fact cause further illness. (See Monica Pignotti and Bruce A. Thyer, “New Age and Related Novel Unsupported Therapies in Mental Health Practice,” in Science and Pseudoscience in Clinical Psychology, eds. Scott O. Lilienfield, Stephen Jay Lynn, and Jeffrey M. Lohr [New York: Guilford Press, 2014], 191-209.)

Endnotes:

1. Tim Stafford, “Miracles in Mozambique: How Mama Heidi Reaches the Abandoned,” Christianity Today, May 18, 2012, http://www.christianitytoday.com/ct/2012/may/miracles-in-mozambique.html.

2. Stafford, “Miracles in Mozambique.”

3. Stafford, “Miracles in Mozambique.”

4. Stafford, “Miracles in Mozambique.”

5. Stafford, “Miracles in Mozambique.”

6. Benedict Carey, “Long-Awaited Medical Study Questions the Power of Prayer,” The New York Times, March 31, 2006, http://www.nytimes.com/2006/03/31/health/31pray.html?pagewanted=all&_r=0.

7. Candy Gunther Brown, PhD, Stephen C. Mory, MD, Rebecca Williams MB BChir, DTM&H, Michael J. McClymond, PhD, “Study of the Therapeutic Effects of Proximal Intercessory Prayer (STEPP) on Auditory and Visual Impairments in Rural Mozambique,” Southern Medical Journal, 2010, 864.

8. Nathan Schneider, “God, Science and Philanthropy: Politics of the Templeton Foundation’s ‘Big Questions,’” The Nation, June 21, 2010, http://www.thenation.com/article/god-science-and-philanthropy.

9. Sarah Pulliam Bailey, “John Templeton Jr., president of multi- billion dollar foundation invested in science and religion, has died,” The Washington Post, May 19, 2015, http://www.washingtonpost.com/news/acts-of-faith/wp/2015/05/19/john-templeton-jr-president-of-foundation-invested-in-science-and-religion-has-died/.

10. Templeton Foundation, “Positive Psychology Research,” https://www.templeton.org/what-we-fund/grants/positive-psychology-research.

11. Sean Carroll, “Science and Religion Can’t Be Reconciled, Why I Won’t Take Money from the Templeton Foundation,” Slate, May 9, 2013, http://www.slate.com/articles/health_and_science/science/2013/05/i_won_t_take_money_from_templeton_science_and_religion_can_t_be_reconciled.html.

12. Joseph Charles Kiger, Philanthropic Foundations in the Twentieth Century, (Santa Barbara: Greenwood Publishing Group, 2000), 133.

13. Sunny Bains, “Questioning the Integrity of the John Templeton Foundation,” (Evolutionary Psychology 9, no. 1, 2011), 92-115, 94.

14. Bains, “Questioning the Integrity,” 93-94; the reader should note that the Templeton Prize for Progress in Religion subsequently morphed into the Templeton Prize for Progress Toward Research or Discoveries About Spiritual Realities, before turning into the Templeton Prize. Please see John M. Cummingham, “Templeton Prize,” Brittanica, N.D. Web. 8 Jun 2015. http://www.britannica.com/EBchecked/topic/673733/Templeton-Prize

15. Schneider, “God, Science and Philanthropy.”

16. Schneider, “God, Science and Philanthropy.”

17. Richard Dawkins, The God Delusion, (Boston: Houghton Mifflin Harcourt, 2006), 19.

18. Jerry Coyne, “Martin Rees and the Templeton Travesty,” The Guardian, April 6, 2011, http://www.theguardian.com/science/blog/2011/apr/06/prize-mug-martin-rees-templeton.

19. Nathan Schneider, “The Templeton Effect,” The Chronicle of Higher Education, September 3, 2012, http://chronicle.com/article/The-Templeton-Effect/134018/.

20. Carroll, “Science and Religion Can’t Be Reconciled.”

21. Michael Brooks, “Templeton Prize is Bad News for Religion, Not Science,” New Scientist, March 25, 2010, http://www.newscientist.com/blogs/shortsharpscience/2010/03/templeton-prize-is-bad-news-fo.html.

22. Schneider, “God, Science and Philanthropy.”

23. Schneider, “God, Science and Philanthropy.”

24. Richard P. Sloan, Blind Faith: The Unholy Alliance of Religion and Medicine (New York: St. Martin’s Griffin, 2006), 61.

25. Schneider, “God, Science and Philanthropy.”

26. Sloan, “Blind Faith,” 62.

27. Schneider, “God, Science and Philanthropy.”

28. Flame of Love Project, “Project Co-Directors,” https://web.archive.org/web/20091214130623/http://www3.uakron.edu/sociology/flameweb/codirect.html.

29. The University of Akron, “Sociology Researchers Receive $2.3 Million Grant,” uakron.edu, February 4, 2008, http://www.uakron.edu/about_ua/news_media/news_details.dot?newsId=11880&pageTitle=UA%20News&crumbTitle=Sociology+Researchers+Receive+%242.3+Million+Grant.

30. Patheos, “Anthea Butler Biography,” Patheos, http://www.patheos.com/About-Patheos/Anthea-Butler.html.

31. Patheos, “Anthea Butler.”

32. Matthew T. Lee, Margaret M. Poloma, and Stephen G. Post, Introduction to The Science and Theology of Godly Love, ed. Matthew T. Lee and Amos Yong (Dekalb, IL: Northern Illinois University Press, 2012), 5-8.

33. Templeton Foundation, “The Flame of Love: Scientific Research on the Experience and Expression of Godly Love in the Pentecostal Tradition,” https://www.templeton.org/what-we-fund/grants/the-flame-of-love-scientific-research-on-the-experience-and-expression-of-godly-.

34. Institute for Research on Unlimited Love, “Abridged List of Deliverables for the Flame of Love Project,” June 15, 2011, http://unlimitedloveinstitute.org/wp-content/uploads/2013/08/Deliverables-for-the-Flame-of-Love-Project.pdf.

35. Brown et al., “STEPP,” 865.

36. Sloan, “Blind Faith,” 157, 168
.

37. Sarah Glazer, “Prayer and Healing,” CQ Researcher 15, no. 2 (2005): 27.

38. Brown et al., “STEPP,” 865.

39. Brown et al., “STEPP,” 864-867.

40. Brown et al., “STEPP,” 867.

41. Brown et al., “STEPP,” 868.

42. Peter Norvig, “Evaluating Extraordinary Claims: Mind Over Matter? Or Mind Over Mind?,” Norvig. com, http://norvig.com/prayer.html.

43. Norvig, “Evaluating Extraordinary Claims.”

44. Norvig, “Evaluating Extraordinary Claims.”

45. Jean Mercer, email message to author, April 17, 2015.

46. Brown et al., “STEPP,” 864.

47. Institute for Research on Unlimited Love, “Institute for Research on Unlimited Love – Books Produced,” September 2014, http://unlimitedloveinstitute.org/wp-content/uploads/2014/10/88-Institute-Books-Published1.pdf.

48. Templeton Prize, “Previous Prize Winners: Charles Taylor (2007),” Templetonprize.org, http://www.templetonprize.org/previouswinners/taylor.html.

49. Lee, Poloma, and Post, “Introduction,” 6; currently this is centered in Christianity, but the study is supposed to later extend to other religions.

50. Matthew T. Lee, Margaret M. Poloma, and Stephen G. Post, The Heart of Religion (New York: Oxford University Press, 2013), 52.

51. Matthew T. Lee and Margaret M. Poloma, A Sociological Study of the Great Commandment in Pentecostalism: The Practice of Godly Love as Benevolent Service (Lewiston, NY: Edwin Mellen Press, 2009), 59.

52. Flame of Love Project, “Exemplar Biosketches,” https://web.archive.org/web/20100820171014/http://www3.uakron.edu/sociology/flameweb/research/exempbios.htm; Josh Kron, “In Uganda, Push to Curb Gays Draws U.S. Guest,” New York Times, May 2, 2010, http://www.nytimes.com/2010/05/03/world/africa/03uganda.html?ref=africa&_r=0; the Ugandan “Death To Gays” bill has received considerable attention in the United States thanks to the release of God Loves Uganda, a documentary chronicling the actions of American evangelicals in promoting anti-gay efforts in Uganda. PRA Senior Religion and Sexuality Researcher Kapya Kaoma featured prominently in the film, and the organization has released several detailed major reports detailing evangelical political activities within Africa. Kaoma’s work explores Engle’s actions in Uganda in detail.

53. Margaret Poloma, Main Street Mystics: The Toronto Blessing & Reviving Pentecostalism (Walnut Creek: Altamire Press, 2003), 174-181.

54. Revival Alliance, “Homepage,” revivalalliance.com; “Exemplar Biosketches.”

55. Global Awakening, “WLI Course Catalog,” http://globalawakening.com/component/docman/doc_download/271-wli-course-catalog, 18.

56. Randy Clark, “A Study of the Effects of Christian Prayer on Pain or Mobility Restrictions from Surgeries Involving Implanted Materials” (D.Min. diss., United Theological Seminary, 2013), 167-168.

57. Brown et al., “STEPP,” 865.

58. For a brief introductory look at the links between some of these leaders, notably Baker, and the NAR, see Rachel Tabachnick, “Spiritual Warriors with an Antigay Mission: The New Apostolic Reformation,” Political Research Associates, March 22, 2013, http://www.politicalresearch.org/2013/03/22/spiritual-warriors-with-an-antigay-mission/.

59. Bethel Sozo, “About Bethel Sozo: Autism,” http://bethelsozo.com/about#/4.

60. John Weaver, The Failure of Evangelical Mental Health Care, 75-84.

61. Schneider, “God, Science and Philanthropy.”

62. Schneider, “God, Science and Philanthropy.”

63. Rev. Dr. Kapya Kaoma, “Colonizing African Values, How the U.S. Christian Right is Transforming Sexual Politics in Africa,” Political Research Associates, 2012, http://www.politicalresearch.org/wp-content/uploads/downloads/2012/10/Colonizing-African-Values.pdf.

64. Poloma, “Main Street Mystics,” 243.; “Exemplar Biosketches.”

65. Poloma, “Main Street Mystics,” 243.

66. Conservative Transparency, “Recipient: Southern Medical Association,” http://conservativetransparency.org/recipient/southern-medical-association/.

67. David O’Reilly, “$1 million for their own two cents Bryn Mawr couple are largest individual donors in efforts to ban gay marriage in California,” Philly.com, October 28, 2008, http://articles.philly.com/2008-10-28/news/25263219_1_ban-gay-marriage-heterosexual-marriages-proposition.

68. Phil Hirschkorn and Laura Strickler, “Santorum’s big benefactor,” CBS News, February 9, 2012, http://www.cbsnews.com/news/santorums-big-benefactor/.

69. Pulliam Bailey, “John Templeton, Jr. Has Died.”

70. Schneider, “God, Science and Philanthropy.”

71. Schneider, “The Templeton Effect.”

72. What’s The Harm?, “What’s the harm in believing in faith healing?,” http://whatstheharm.net/faithhealing.html; This website records faith healing deaths that have been reported in the news. The incidents it documents represent a mere fraction of the deaths that have resulted from faith healing practices.

73. Barna Group, “Is American Christianity Turning Charismatic?,” January 7, 2008, https://www.barna.org/barna-update/congregations/52-is-american-christianity-turning-charismatic.

74. Candy Gunther Brown, “Introduction: Pentecostalism and the Globalization of Illness and Healing,” in Global Pentecostal and Charismatic Healing, (Oxford: Oxford University Press, 2011), 14.

75. Brown, “Introduction,” 7.

76. John Weaver, The Failure of Evangelical Mental Health Care, 86-88.

77. Donald Kantel, “The ‘Toronto Blessing’: Revival and its Continuing Impact on Mission in Mozambique” (Ph.D. diss., Regent University, 2007), 32.

78. Candy Gunther Brown, “Global Awakenings: Divine Healing Networks and Global Community in North America, Brazil, Mozambique, and Beyond,” in Global Pentecostal and Charismatic Healing, (Oxford: Oxford University Press, 2011), 353.

79. Global Awakening, “Global Awakening Online Bookstore,” http://globalawakeningstore.com/search.php?mode=search&sort=&sort_direction=0&xsearch_e1=Candy%20Gunther%20Brown.

Beyond the Hate Frame: An Interview with Kay Whitlock & Michael Bronski

Click here to print the magazine version

Click here to print the magazine version

This interview appears in the Summer 2015 issue of The Public Eye magazine.

Whether it’s a spree killing, a vandalized mosque, or a bias attack on a queer teen, Americans are quick to chalk it up to hate. The label “hate crime” invites us to blame overwrought individuals acting on extreme personal prejudice, making it seem as if a small cadre of social deviants is our main obstacle to a peaceful society. In fact, such individuals are products of a society that endorses all kinds of violence against the very same groups who are targeted in hate crimes. The perpetrators of these crimes are taking their cues from a society that embraces mass incarceration, militarized policing, the school-to-prison pipeline, and other forms of structural violence wielded disproportionately against people of color, queer and trans or gender non-conforming people, and the poor.

Kay Whitlock is an independent scholar of structural violence who seeks to dismantle the prison industrial complex. She is the cofounder of Criminal Injustice, a blog series that explores myths about crime, criminals, and the justice system. Michael Bronski is a professor at Dartmouth College and author of the award-winning book A Queer History of the United States. Their new coauthored book is Considering Hate: Violence, Goodness, and Justice in American Culture and Politics, published this year by Beacon Press.1 This spring, they spoke with PRA about their work.

Photo: Cindy Trinh, activistnyc.tumblr.com / facebook.com/activistnyc / Instagram @activistnyc

Photo: Cindy Trinh, activistnyc.tumblr.com / facebook.com/activistnyc / Instagram @activistnyc

What led you to write a book about hate and the role that it plays in our politics? 

KAY WHITLOCK: I wrote a piece for Political Research Associates in 2012 about reconsidering the “hate frame” as a useful progressive political frame. Michael and I had worked together before on my book, Queer (In)Justice, which he helped acquire for Beacon Press. Michael shared my PRA article with Beacon. Beacon was interested in the two of us joining together, opening up the discussion far beyond just specific kinds of progressive politics.

What is the “hate frame”?

KW: We think of a frame as a conceptual, and often rhetorical, path that shapes how people think about an issue. It always suggests a particular direction we ought to go in to address the situation.

In U.S. progressive politics the hate frame has four main assumptions: First, that hate is rooted purely in irrational, personal prejudice and fear and loathing of difference. In fact, it’s also rooted in ideologies and supremacy, in a historical and cultural context. Second, that hate is hate, and the specificities don’t matter. Third, that the politics of hate is about that crazy irrational feeling, which is caused by personal prejudice gone amok. In this view, hate is not about structures, not about power hierarchies, not about institutional practice. Finally, that hate is perpetrated by extremists, misfits, and loners who are violating agreed-upon standards of fairness, and that hate violence is unacceptable and abhorrent to respectable society.

The hate frame disappears considerations of structural violence and substitutes in their place the idea that there are these crazed extremists

In fact, what is called “hate violence”—violence directed at vulnerable and marginalized groups—is not abhorrent to respectable society. On the contrary, respectable society has provided the models, policies, and practices that marginalize people of color, queers, disabled people, and in many respects, women. The hate frame disappears considerations of structural violence and substitutes in their place the idea that there are these crazed extremists, and that’s who we have to go after.

The overarching question of the book is how hate is mobilized for political purposes and in what ways that destroys the possibility for good discourse on structural issues.

Do you think it’s counterproductive for watchdog organizations to monitor hate groups?

But the “hate group” descriptor is imprecise and subsumes many different histories into a single, too-simplistic template.

KW: It’s certainly important to understand how readily blatantly racist, xenophobic, and anti-queer ideas that gain steam on what we think of as the margins seem to migrate into mainstream politics. But the “hate group” descriptor is imprecise and subsumes many different histories into a single, too-simplistic template. It also gives the false impression that the hate is “out there” and “extreme,” when the problems are embedded in mainstream U.S. civic life and culture. It’s never easy to distinguish between the messages of many “hate groups” and the actions of respectable civic and religious leaders as they set back or dismantle progress in civil rights and economic justice.

While nativist, white supremacist, and virulently anti-LGBT groups may be horribly blunt in their supremacist beliefs, the ideologies themselves are as old as the entirely “respectable” projects of settler colonialism, Native genocide, chattel slavery, the eugenics movement, and economic exploitation. Hate is important in our politics. But people don’t want to own it. Even the people we think of as hatemongers, like neonazis, are often loath to say they hate people in so many words.

MICHAEL BRONSKI: They do and they don’t. I was teaching Intro. to LGBT studies at Dartmouth. I wanted to do something about the Matthew Shepard case. All the students knew about it. They’d all seen “The Laramie Project,” and they identified very strongly with Shepard. I think most of my students came pretty close to saying they hated Shepard’s killers. People are sort of eager to own a certain form of hatred and express it in more careful terms. It feels good.

Considering Hate

I tried to get my students to think outside of the hate frame. It wasn’t just a case of simple homophobia where a relatable, young, cute, blonde gay man was murdered senselessly. I wanted them to see the larger issues, like gender behaviors, poverty, and even geography. Everybody sees themselves not as haters, but as being hated. But once they’re hated, they quickly access the desire to hate back.

KW: Most neonazis will frame their essential message as love. In fact, almost everybody will frame their political message as love. But then you watch all the little side conversations and the message boards…

People—whether we’re from the right or the left, or anywhere in the middle—will often identify our own virtue by who it is that we loathe and despise and who it is that we’re against. That happens as much in progressive circles as in right-wing circles.

So, on the left, we’re defining ourselves by hating the prison industrial complex or brutal police officers?

KW: The language of hate is an easy placeholder. Probably all of us use it. I use it too. But what I keep trying to do is to get very specific about the issues.

 It’s quite possible to treat someone with great brutality, or contempt, as if they don’t matter, because you’re simply indifferent to their fate. 

You can’t just say that the reason the Ferguson police have such extraordinarily oppressive ways of policing is just because they hate Blacks. It’s much more complicated. There is a root in supremacist ideology, but it’s quite possible to treat someone with great brutality, or contempt, as if they don’t matter, because you’re simply indifferent to their fate.

Is brutal policing in Ferguson rooted in societal ideologies about the non-personhood of Black people, the notion that Black lives don’t matter? As opposed to visceral hatred?

It’s so tempting in policy to go after the people who commit hate crimes, because we know who they are. The bigger problem is a Ferguson, a Cleveland, a Chicago, an Oakland. 

KW: I think all of that is there. The callous disregard of Black lives in U.S. policies and practices since the inception of the country is so total that [non-Black] people don’t even recognize where their indifference or contempt comes from. It’s not necessarily boiling over as obvious racism, but it’s still woven in. That’s why it’s so tempting in policy to go after the people who commit hate crimes, because we know who they are. The bigger problem is a Ferguson, a Cleveland, a Chicago, an Oakland.

MB: One of the hallmarks of people who do hateful things is how often they see themselves as being victims. Police in Ferguson probably see themselves as being put-upon. An extreme example would be the Klan, who see themselves as victims of black people getting too much. It’s a mistake to leave that out of the equation. They see themselves as being victimized by the system, more so than their victims, often.

KW: The white, male, heterosexual power structure will almost always, in the face of protest, present itself as the victim of the group that’s challenging it.

Disability is a major theme of the book. You describe how, for centuries, disability has been cast as something that’s hateable and therefore something that justifies coercion—like exiling disabled people from towns, or putting them in institutions. If disabled people are seen as monstrous or inherently criminal, it becomes easier to see their mistreatment as something society does for its own protection.  

KW: Disabled people are often imagined as monstrous, degenerate, or defective. Then these labels get used to characterize any group that’s not in the central power hierarchy. So debates about disability start to include questions about American Indians, and Black people, and voting rights and citizenship; they start to include debates about women.

There’s often a contradictory dynamic. It all works to manage a great deal of anxiety. People with disabilities are construed as criminals, as objects of fear and loathing, but also as objects to be felt sorry for and cared for in a patronizing kind of way.

MB: I got an email from a friend who’s teaching a class on disability at Tufts. He said he’s teaching a clip from Fredric March’s 1931 Hollywood version of Dr. Jekyll & Mr. Hyde. When the very handsome March drinks the potion, turning him into Mr. Hyde, the transformation is really remarkable. He actually becomes black and gets misshapen teeth. The insane, murderous Mr. Hyde becomes stooped over and disfigured, and he becomes African-American-looking. It’s very much part of this mythos that some people who are not in the mainstream—including African Americans—are disabled and therefore evil. There’s that easy leap. A Hollywood classic shows it to us quite viscerally in about 90 seconds.

In the book you talk about how disfavored groups get inter-defined, for example: disabled people are defined as inferior, and then femaleness and Blackness get construed as physical defects relative to the white male ideal.

KW: We decided to use the lens of disability, but we could have picked race or gender, or queerness, and gone in as deeply. Gender, gender conformity, class, race: they all collide in these stories. One of the reasons we try to tell the story emphasizing the overlap of different oppressions is to demonstrate the pitfall that happens for progressive people when we fight in disconnected, parallel, single-issue ways.

Is your argument that the “hate” component of hate crime is rooted in the same impulse that makes communities hire oppressive police forces?

MB: That may be true in some simplistic ways, but we would all do better by really looking at every interest and trying to understand each instance in itself to see how it fits in a larger structural pattern. It’s important not to lump people together just because the behaviors look somewhat similar.

KW: It’s very easy to arouse justified outrage for specific, dramatic, sensational acts of violence that are intended to dehumanize someone from a marginalized group. [Like when attackers set out] to get a transgender woman, or “teach a Latino immigrant a lesson.” Those things are horrific, and we need to respond. We fixate on spree killings and assassinations because they’re so visibly terrifying. As we say in the book, fear has a kind of payoff: it makes us feel alive.

But regardless of who’s in power, we also have these structural forms of violence that continue year after year in the most respectable civic and private arenas.

But regardless of who’s in power, we also have these structural forms of violence that continue year after year in the most respectable civic and private arenas. The violence is steadfast, consistent, and it’s absolutely massive. I’m talking about the violence of prisons, detention centers, psychiatric hospitals, and public schools with school officers who are armed to the teeth and who have absolute discretionary power to send kids into the criminal/legal system for minor infractions. We have lots of violence against people with disabilities who are penned up in institutions where someone has absolute power over them.

I did my first work challenging the hate frame in 2001 for the American Friends Service Committee. Everywhere I went to speak [about the limits of hate crime legislation], good people who cared passionately about social justice would get furious if you talked about the structural violence of prison. It seemed impossible for people to accept that the legal system wasn’t the appropriate place to lodge our concerns. Just the thought of them having to engage with the massive violence of a system that dealt with hardened criminals….

So, they wanted to address the violence against “innocent” people but didn’t feel comfortable condemning violence against “bad” people?

KW: Right. This is not to put people down. This is part of my life’s work, working at this intersection of places where people don’t even recognize it as violence.

What violent things do people fail to recognize as violent?

KW: There’s the school-to-prison pipeline. A lot of white people have no idea how pervasive that is, or what the heavy presence of school resource officers can be like. Basically, what goes on in prisons and jails is not recognized as violence. Solitary confinement is not seen as violence or torture, though it is.

MB: When it comes to violence people don’t recognize as violence, at Dartmouth there’s a very strong Greek system. The embedded violence of hazing is completely and totally accepted. It’s everything from physical assaults to sexual humiliation. Eating certain foods to make them throw up. Forcing diuretics on them to make them sit in the bathroom for hours on end. Hazing is constructing masculinity by humiliating people to the point of being physically ill. On many college campuses this is regarded as completely acceptable or even good behavior, until somebody dies.

Like when Abu Ghraib became public and all those pundits were saying it was no big deal because they do this stuff in fraternity hazing?

MB: Precisely.

KW: We talk in the book about how cultural strategies are really needed in order for us to take a look at some of these realities in disruptively intelligent ways. [Ed: Whitlock is talking about innovative protest tactics, like ACT-UP air-dropping condoms into a prison because the prison wouldn’t distribute condoms to prevent the spread of HIV, and the eye-catching actions of the Chicago Light Brigade,2 which mobilizes flash mobs bearing glowing LED panels that spell out progressive slogans.]

Until we work towards deeper shifts in consciousness, we’re always going to be tinkering with the machinery, and finding new ways to let old systemic problems persist. If we think culturally about telling the story in fresh and unexpected ways, then we may have some fresh and welcome insights.

You write about the importance of refocusing on goodness. What are some of the ways that we can refocus on goodness instead of defining ourselves in terms of who we hate?

MB: Everybody wants to see themselves as a good person. It’s a really invigorating question. Rather than redefining it, what I’ve learned in talking about the book and to students, is actually getting people to think of what it would mean to be good. What it would mean to step out of descriptions of ourselves as business of usual? What it would mean to do something that is counter to the usual?

Considering Hate: Violence, Goodness, and Justice in American Culture and Politics was published by Beacon Press in 2015. This discussion has been edited for clarity, length, and flow.


[1] http://www.beacon.org/considering-hate-p1046.aspx

[2] http://www.chicagolightbrigade.org

U.S. “Army of God” Operative Plasters Kenya with Anti-LGBTQI Posters

Jonathan O’Toole—an American anti-choice activist based in Nakuru, Kenya—makes no secret of his opinions about President Obama. “I hate Obama, I hate his guts,” he told me in a recent interview. “I’m against him. I’m his enemy.”

Jonathan O'Toole

Jonathan O’Toole

Indeed, in the struggle for human rights—including the rights of women and LGBTQI people—Jonathan O’Toole stands in stark opposition to the president’s pro-choice, pro-LGBTQI efforts. And in Kenya, O’Toole isn’t alone. East Africa has proven to be fertile territory for his Christian Right agenda.

There’s been a lot of hype surrounding President Obama’s upcoming visit to Kenya, where he will be attending the Global Entrepreneurship Summit. While some Kenyans are eagerly anticipating the long-promised visit (the president’s first trip to his father’s homeland since 2006), others are already organizing protests, threatening acts of defiance if Obama dares speak out for LGBTQI equality while in the country.

At a press conference on July 6, Kenyan lawmakers and religious leaders, including National Assembly Speaker Justin Muturi, said the president risks opening “floodgates of evil” by promoting LGBTQI rights, adding “we have a responsibility to protect our children.” One of the speakers, MP Charles Njagagua, warned that if President Obama spoke in favor of LGBTQI rights during his speech to the National Assembly, he would be ejected from the House.

Another Kenyan leader, Samuel Thuita, a senior member of the Kikuyu Council of Elders, threatened to throw eggs at Obama if he speaks out about LGBTQI rights during his time in Kenya, correlating the act with historic resistance to British imperialism:

“The founding father of the nation Mzee Jomo Kenyatta was pelted with rotten eggs in Britain for only agitating for our independence. I will mobilise and lead every member of the council, including women and the youth, and Kenyans in general to throw rotten eggs at Obama if he dares introduce the gay and lesbian debate.”

And Obama isn’t the only one being threatened. Denis Nzioka, a Kenyan LGBTQI rights activist, reported to the International Business Times that homophobia is on the rise. “There have been more beatings, evictions and attacks when public discourse focuses on the [LGBTQI] community,” he explained. “It gets heightened and it will only increase momentum as Obama’s visit gets closer.”

In Kenya, those found guilty of homosexuality can face up to 14 years in prison.

By contrast to the United States, where the White House was recently awash with the colors of the rainbow following the Supreme Court’s decision in favor of legalizing same-sex marriages nationwide, in Kenya, those found guilty of homosexuality can face up to 14 years in prison.

According to local reporting, “Thuita urged Kenyans and Africans to uphold their customs and not fall prey to neocolonialism being introduced through the back door.”

This tactic of coopting  and twisting the language of neocolonialism to suggest that homosexuality—rather than homophobia—is the foreign [ideological] agent is increasingly employed by Christian Right-influenced African leaders, who have found that scapegoating LGBTQI people is a highly effective way of distracting constituents from economic deficits and political corruption, and thus maintaining power.

As PRA’s senior religion and sexuality researcher Rev. Dr. Kapya Kaoma has observed, this self-serving twist on colonialism and neocolonialism is far from accurate:

“[I]t is not LGBTQ people who are foreign to Africa, but rather the anti-LGBTQ rhetoric that is being used against them. […] It is true that Western nations have not always acted in the interest of Africa (to put it mildly), but to use the West as an excuse to persecute and imprison innocent persons is appalling. Politicians like [Zimbabwe President Robert] Mugabe and [The Gambia President Yahya] Jammeh, who have robbed their respective nations of billions of dollars, are also responsible for their countries’ dire economic states. These African leaders condemn the West and scapegoat gays to distract from real issues facing their nations and to hide their own incompetence, corruption, and despotism.”

Meanwhile, the real neocolonial narrative is being scripted and directed by right-wing Christian culture warriors from the United States. Sharon Slater of Family Watch International and John Eastman of the National Organization for Marriage were featured speakers at Kenya’s “National Family Conference” this past May (an event sponsored by the U.S.-based culture war-exporting group World Congress of Families). Rick Warren of Saddleback Church announced during a 2014 visit to Kenya that he intends on expanding his ministry into East Africa (this element of Warren’s dominionist agenda will assuredly gain momentum during his “All-Africa Purpose Driven Conference,” set to be convened in Rwanda next year). The American Center for Law & Justice—which advocates against reproductive justice and LGBTQI equality—established their East Africa office in Nairobi, Kenya in 2011.

And then there are the less familiar faces—people like Jonathan O’Toole—who are amplifying the U.S. Christian Right’s global attack on LGBTQI equality and reproductive justice.

Some may recall O’Toole from Soldiers in the Army of God, an HBO documentary released in 2000 that featured interviews with several high-profile anti-choice extremists. O’Toole—then just 19-years-old—became the focal point of the film as he traveled the country seeking the most “radical” and “terroristic” anti-choice group he could find.

Despite the violent outcomes of this sort of propaganda, in O’Toole’s mind, his work comes from a place of love.

Today, O’Toole’s main culture war weapon is ProjectSEE.org, an acronym for “Stop Exporting Evil.” O’Toole, who first visited Kenya in 2007, uses the website to warn Africans about the “satanic” culture of the West.

One section of the website is modeled after the Nuremberg Files website, a project established by the late Neal Horsley, who was a close friend and mentor to O’Toole.1 The Nuremberg Files served as an online database of American abortion service providers, including their names, pictures, and contact information. As Dahlia Lithwick at the Slate reported in 2002, “The ‘wanted’ program was pretty effective at dissuading abortion doctors. After his name appeared on a poster in 1993, Dr. David Gunn was shot and killed entering a Florida abortion clinic. Five months later and after his name appeared on a wanted poster, Dr. George Patterson was shot and killed. In 1994, after his name appeared on a poster, Dr. John Britton was killed by Paul Hill.”

After a lengthy legal battle, the courts ultimately found Horsley’s Nuremberg Files to be unlawful and the site was subsequently shut down.

O’Toole, however, has revived the idea with printer-friendly “not wanted” posters on the ProjectSEE website, including one for David Kuria Mbote – former director of the Gay & Lesbian Coalition of Kenya and Kenya’s first openly gay man to run for political office. O’Toole told me he has no way of tracking how many posters have been distributed independent of his own group’s efforts, but boasted that thousands have been posted around Nakuru (the fourth largest city in Kenya), and about a thousand more have been put up in Nairobi.

This "Not Wanted" poster of the first openly-gay man to run for office was created by O'Toole and sent all over Kenya.  The original included the Mr. Mbote's contact information, which has been blacked out here.

This “Not Wanted” poster of the first openly-gay man to run for office was created by O’Toole and sent all over Kenya. The poster includes a quote from Leviticus 20:13, which has been translated into Swahili. Mr. Kuria’s contact information appeared in the original, but has been blacked out here.

The poster for Kuria includes a picture of his face and his contact information, along with the label “Nairobi Shoga” (shoga is a derogatory term for a gay man in Swahili). Local LGBTQI rights activists have submitted complaints to Kenya’s Communications Commission (in charge of regulating internet content in the country), but were told that Kenya had no authority over the site since it’s registered in the United States (under O’Toole’s name).

The tactic spark memories of the Rolling Stone case in Uganda, where the tabloid newspaper (no relation to the U.S. publication) published the names and pictures of 100 of the country’s “top homos,” and called for their execution with a banner reading “hang them.” David Kato, a prominent LGBTQI activist who was included on the list, was murdered just three months later.

After Kuria’s name was added to O’Toole’s “not wanted” list, he received threats by phone and e-mail, and odd dents appeared on his car when he left it parked in the lot outside his home at night. Kuria was ultimately forced to move after a man came to his house and threatened him.

“The implication was that I would die,” said Kuria.

Despite the violent outcomes of this sort of propaganda, in O’Toole’s mind, his work comes from a place of love. Paul Nevin, an independent journalist who recently traveled to Kenya on a fellowship from the Pulitzer Center on Crisis Reporting, explained that O’Toole “believes that many of those in the Middle Ages who were burning people at the stake to save them from hell, were doing it out of love.”

Following the Supreme Court’s marriage equality decision on June 26, President Obama tweeted, “Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else. #LoveWins”

What it would mean for love to win in Kenya is a frightening thing to contemplate, given the growing influence of American culture warriors in Africa. Those who have fought against reproductive justice and LGBTQI equality here in the States, continue to wreak havoc abroad, and until we work to expose, confront, and hold them accountable, O’Toole’s version of “love” will keep gaining ground.


Endnotes

[1] Horsley once boasted, “Jonathan [O’Toole] might well be more dangerous to the homosexual outlaws of the world than me. After all, Project SEE is not merely about holding one rich and famous homosexual like Elton John accountable; it’s about stopping the legalization of homosexuality throughout the world.”