The Koch-Like Family You’ve Never Heard Of Influencing State Legislatures

On the homepage of almost any major news publication, one can read about the latest bombastic actions of the current crop of conservative candidates – Trump, Cruz, Carson etc. Behind all of the pageantry and show, however, it is critical for people of conscience to consider how big-money donors can influence public policy. Most people have heard of big spenders like the Koch brothers or the Walton family—well known for using their money to shape not only policies, but also the very infrastructure of our political system. But  who are those deep-pocketed names we’ve never heard of?

The DeVos family—Michigan-based builders of the Amway fortune—is one of the most influential families in conservative U.S. politics. Their agenda includes many items on the Corporate and Christian Right’s wish lists, including so-called “right to work” laws that weaken unions, discriminatory Religious Freedom Restoration Act (RFRA) bills, and education privatization (including pushing school vouchers that transfer public dollars to private religious coffers). Although some of their higher-profile activities such as Dick DeVos’ failed 2006 race for Michigan governor and Richard DeVos´ ownership of the Orlando Magic basketball team are covered in the press, their political spending has gotten far less attention. This year 435 seats will be contested in the House of Representatives, 35 in the Senate and 13 gubernatorial races will take place alongside local and county elections; therefore it is critically important for the country to see and debate the influence that rich families like the DeVoses are wielding in politics.

Though they share the Kochs´ commitment to corporate welfare, the DeVoses also promote a Christian Right cultural and social agenda. They use their money and influence to contribute to conservative infrastructure, including think tanks, astroturf organizations and policy advocacy groups, both in Michigan and elsewhere. The family epitomizes the disturbing trend toward billionaires willing to spend big money to change the political structure—a structure that, as PRA’s late founder and political scientist Jean Hardisty wrote in 2014, is “drifting toward oligarchy”.

The DeVos Family

Dick and Betsy DeVos  (Grand Rapids Press File Photo)

Dick and Betsy DeVos
(Grand Rapids Press File Photo)

Based in western Michigan, the DeVoses fund a number of organizations that push conservative policies including right to work, RFRA, and school vouchers. Richard DeVos, the patriarch of the family, is one of the original founders of Amway, a supplier of everything from home care products to insurance (the company was ranked 30th largest U.S. company by Forbes in 2015, and pulled in nearly $11 billion last year).

If you were to walk through Grand Rapids or Detroit, it would be nearly impossible not to notice the DeVos name: the DeVos Convention Center, DeVos Performance Hall, Helen DeVos Children’s Hospital, Helen DeVos Center for Arts and Worship and DeVos Graduate School of Management to name a few places. For many in Michigan, the name is synonymous with western Michigan, conservative philanthropy and the Republican Party.

For the past 50 years, Richard and his wife Helen have positioned themselves as one of the most important families in Michigan politics. Their son and daughter-in-law, Dick and Betsy DeVos, are following in their footsteps with their own foundation, the Dick and Betsy DeVos Foundation. (Betsy is the daughter of Edgar Prince, a founder of the Family Research Council.)  Between 2000 and 2012, the family gave nearly $5.4 million to the Michigan Republican Party, according to a report by the National Institute on Money in State Politics. The report also demonstrates how the DeVoses exert influence over state and national policy making. For example, the DeVoses gave $50,000 to a Michigan ballot committee that worked to ban same sex marriage in 2004; the committee also received support from Focus on the Family, Family Research Council and the Michigan Family Forum. Locally, their money has found its way into 70 different Michigan political committees. According to a report by the Michigan Campaign Finance network, the family gave $4,902,055 during the 2013-2014 cycle.

The DeVoses exert influence over state and national policy making. For example, the DeVoses gave $50,000 to a Michigan ballot committee that worked to ban same sex marriage in 2004.

Right to Work

Right to work laws originated in the Old Right of the 1950s and, as PRA economic justice researcher Mariya Strauss has written, are designed to “remove the requirement for workers in a given workplace to actually pay for the representation and benefits the union provides for them. It is a label that has nothing to do with the right to work or the right to a job.”

The story of how Michigan became a right to work state features the backroom dealings and pressures from big business that have typified right to work battles in state after state since the 1950s.

The DeVos family pushed for this legislation long before it landed on Michigan Gov. Rick Snyder´s desk. The West Michigan Policy Forum organizes yearly conferences bringing together policy makers and business leaders in order to advance a so-called pro-business agenda in Michigan.  The organization, Dick’s brother Doug DeVos was former board chairman, has pushed for right to work since 2008. After the family spent $4.9 million on political candidates and committees during the 2014 state elections, right to work passed and was signed. In addition to the work of the West Michigan Policy Forum, the DeVos family also gave at least $2 million to fight a union-backed amendment to the bill that would have guaranteed unions the right to bargain.

Outside Michigan, the DeVos family is also tied to the national Tea Party organization, Americans for Prosperity, which was created by the Koch brothers and has now setup 36 state-based shops to operate out of. The DeVoses gave AFP over $800,000 between 2007-2011. This connection to David and Charles Koch points to a key observation: not only do the two families hold similar policy positions, but they also fund some of the same groups. AFP not only played a role in garnering support for right to work in Michigan, it also led a coalition pushing for a right to work law in Missouri. Although AFP failed to get the bill passed this year; workers’ rights advocates say they expect it will return soon.

This connection to David and Charles Koch points to a key observation: not only do the two families hold similar policy positions, but they also fund some of the same groups.

Americans for Prosperity has continued trying to build support for the bill in other states such as Kentucky. FreedomWorks—another conservative advocacy organization that represents a strategic partnership with the Kochs—runs public relations and advertising campaigns for anti-union and right to work bills. The organization received $600,000 between 2009 and 2011 from the Richard and Helen DeVos Foundation, according to SourceWatch. Their online presence is also significant, as it is a key tool used to spread information on their anti-union and right to work positions.

Education Privatization

So-called “school choice” seems to be the area where the family has invested the most outside of Michigan. School choice is a blanket term used to describe everything from school voucher programs to charters to online “virtual” schools, and has garnered support from both Republicans and some Democrats. Conservative donors such as the DeVos family have used their money to influence this national trend. One of the biggest events is the annual School Choice Week, which included 11,082 individual events across the country last year. Every January the events are marketed as a social justice movement whose aim is to “raise public awareness for all types of educations options for children”. Behind the scenes, its most influential backers are the DeVoses and other conservative donors who have been pushing for more private and more religious schooling.

A look at the main partners—and their affiliations—helps shed light on the ideas driving School Choice Week. The American Federation for Children is a public policy organization whose board of directors is chaired by Betsy DeVos. According to SourceWatch, the organization, a 501(c)(4), is the political organizing arm of the Alliance for School Choice. The DeVos have been tied to efforts in Pennsylvania to eradicate public education by giving over $15 million over the last five years. PRA research fellow Rachel Tabachnick has compiled an anthology of the DeVos family’s efforts to eradicate public education.  As a front group that funnels money into other groups around the country, American Federation for Children has links to a number of other organizations which the DeVos family gave a total of $355,000 in 2013 – such as the American Enterprise Institute, Alliance for School Choice, and the Foundation for Excellence in Education.

The Foundation for Excellence in Education is another sponsor of School Choice Week. Based in Florida, the organization is an example of how the DeVos family’s money has expanded outside of Michigan. The foundation received $100,000 from the Dick and Betsy DeVos Foundation in 2013, and Betsy sits on the board of directors. Another group supported by the family is the Children’s Scholarship Fund. The New York-based group provides scholarships for students to study outside of the public school system. Pamella DeVos, wife of Dan DeVos, sits on the board of directors and helps direct the organization’s work in eight states.

Anti-LGBTQ Influence

As previously reported by PRA, this past summer Michigan passed a statewide religious exemption law that gives adoption agencies the right to claim a religious exemption from having to serve LGBTQ couples. The DeVos family donated $300,000 in 2013 alone to Bethany Christian Services, Michigan’s leading adoption agency and the main group that lobbied for the religious exemption bill.

The DeVos family also furthers LGBTQ discrimination through donations to their numerous foundations and religious conservative initiatives outside of their home state. The DeVos family, through its giving patterns, maintains ties to the Heritage Foundation, Focus on the Family, and the Federalist Society – all organizations with anti-LGBTQ positions.

The DeVos family, through its giving patterns, maintains ties to the Heritage Foundation, Focus on the Family, and the Federalist Society – all organizations with anti-LGBTQ positions.

At the Heritage Foundation, The Devos Center for Religion and Civil Society “examines the role that religion, family, and community [play] in society and public policy”. With the $1.8 million grant, the Center seeks to “help policy-makers, scholars, journalists and other leaders examine the important role of religious thought and activity in the United States, how it influences society and how it affects-an it affected-by public policy”. The center has taken a stance against same-sex marriage, called for defunding planned parenthood, and sponsored events aimed at furthering conservative positions. Along with their center at the Heritage Foundation, the DeVos family is also tied to the conservative Christian foundation, Focus on the Family.

Focus on the Family is a one of the most well funded anti-LGBTQ organizations in the U.S. The conservative Christian foundation has received $800,000 from DeVos foundations. Focus on the Family has published numerous  articles making the false claim that LGBTQ-inclusive non-discrimination policies poses to religious freedom. The organization donated over $115,000 to defeat marriage equality in Maine, and $91,000 to defeat civil unions in Washington State, according to a 2014 report by the Human Rights Campaign. In the same report, the DeVoses were cited as sponsoring an annual conference advocating “ex-gay” or reparative therapy, the discredited practice of trying to somehow alter a persons’ sexual orientation. (The American Psychological Association has warned that the dangerous therapy poses serious risk to youth, and reparative therapy on minors has been banned in several states.)

The Federalist Society is an influential conservative legal organization that advocates for a conservative interpretation of the Constitution. The group says it aims to “[reorder] priorities within the legal system to place a premium on individual liberty, traditional values and the rule of law”. Members include conservative Supreme Court Justices Antonin Scalia and Clarence Thomas. As  by PRA, the Federalist Society “states that its purpose is to foster debate and discussion about the issues, but the articles and interpretations in its publications are all decidedly conservative and/or libertarian”. Through multiple foundations, the DeVos family contributed $55,000 in 2013 alone.

The Federalist society takes an anti-LGBTQ stance through its support of lawyers hostile to equal rights. Through their university campus chapters around the country, they host events hostile to LGBTQ equality such as one at Northwestern University Law School where the chapter hosted a debate on LGBTQ discrimination with food catered by Chick-fil-A (whose CEO publicly opposed marriage equality in 2012, prompting a national bycott).

DeVoses branching out

While Michigan has traditionally been the DeVos family’s stronghold, their influence for right to work, school privatization and RFRA bills is creeping into statehouses across the country. As states such as Kentucky, West Virginia and Missouri are pushing to become right to work states, it is worth asking how DeVos money finds its way to these battles. At the same time as their efforts to expand education privatization increase, their efforts to push RFRA bills continue to find their ways into state legislatures across the country. Through a network of organizations, the DeVos yield an impressive amount of power and influence in statehouses around the country. As the election cycle heats up in 2016, grassroots progressive organizers need to understand how billionaires such as the DeVoses are wielding influence.

Who was behind Michigan GOP’s one-two punch against LGBTQ working families?

As 2015 winds to a close, Michiganders–especially working people and LGBTQ folks–are reeling from right-wing assaults on both their pocketbooks and their civil rights. I am referring to the one-two punch of new laws passed during the summer legislative session and signed into law by Gov. Rick Snyder. These new laws effectively roll back decades of progress made by community and labor organizing in the state; at the same time, they represent dots along a disturbing trend line that people in many other states need to see more clearly in order to avoid the same fate.

Gov. Rick Snyder of Michigan
(photo via Flickr courtesy of Michigan Municipal League)

First, the one punch: Dubbed the “death star,” HB 4052 is a state preemption, or local interference, law passed by the legislature that bans cities from enacting their own laws governing wages and benefits. (Note: although the original bill would have banned cities from passing LGBTQ non-discrimination ordinances, that provision was stripped out.) Signed in June by Gov. Snyder, the new law blocks cities in Michigan from enacting living wage laws, mandating paid sick days, or passing laws on any other workplace-related issues. Such interference with local control is becoming more common. It may come as a shock to some readers that nearly all states 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, but this is indeed a trend that organizers can no longer ignore. In these states, an organizing victory in a single city is at risk of being preempted by state law. (A clickable map of such laws is available here, although it may not be completely up to date.)

The second punch to hit Michiganders during this summer’s legislative session was a statewide religious freedom restoration act, or RFRA law, that awards adoption agencies the right to claim a religious exemption from having to serve LGBTQ couples. Though it is narrower in scope than a much broader failed RFRA bill that would have allowed any individual or business to claim the right to discriminate against LGBTQ persons because of a “sincerely held religious belief”, the adoption RFRA will have a chilling effect on LGBTQ families in the state.

With the help of a researcher based in Western Michigan, PRA looked into what groups and funders were behind this one-two punch in the Wolverine State. What we found: Although there are two separate sets of right-wing groups lobbying for the anti-local control law and the RFRA laws, they share an important common funder: the DeVos family, billionaire founders and heirs of the Amway fortune.

Although there are two separate sets of right-wing groups lobbying for the anti-local control law and the RFRA laws, they share an important common funder: the DeVos family, billionaire founders and heirs of the Amway fortune.

Michigan provides us with an instructive lesson in how the Right can deploy a multi-pronged policy strategy. In the case of the local interference “death star” bill, the Corporate Right used its corporate lobbying groups to lobby noisily for the bill. The groups that spoke in favor of the bill and are part of the public record were the National Federation of Independent Business, Associated General Contractors of Michigan, and the U.S. Chamber of Commerce. According to research by the Lansing-based Michigan Campaign Finance Network, the National Federation of Independent Business had spent $202,036 on lobbying in Michigan for the first seven months of 2015 while the US Chamber of Commerce spent $64,000 on lobbying during the same time period.

Dick and Betsy DeVos  (Grand Rapids Press File Photo)

Dick and Betsy DeVos
(Grand Rapids Press File Photo)

At the same time, though, the DeVos-funded Michigan Freedom Fund, which is run by DeVos family operative Greg McNeilly (who ran Dick DeVos’ failed 2006 campaign for governor), pushed hard behind the scenes for the local interference bill. The vote for the bill ultimately split along party lines, with a handful of Republican lawmakers opposing it in both the House and Senate. With a GOP majority, this meant the bill passed, and Governor Snyder signed it with gusto.

The newly enacted RFRA legislation would mean that a child placing agency (for adoption or foster care) could not be required to provide any services if those services conflicted with the agency’s “sincerely held religious beliefs” contained in a written policy, statement of faith, or other document adhered to by the agency. This applies also to referrals made by the Department of Human Services for foster care management or adoption services under a contract with the department. An agency could decline such referrals. Those wanting to limit LGBTQ couples/families from adopting in Michigan have been proposing similar legislation since 2005.

This includes the DeVos family, as well as the Edgar and Elsa Prince Foundation. The Princes, who made their fortune in auto parts manufacturing, are another politically active ultra-wealthy Michigan family. One of their sons is Erik Prince, founder of the defense contractor/security firm Blackwater. And with Betsy DeVos as a daughter, the political alliance between the two families remains strong.

Several members of the two committees that helped write the adoption RFRA laws received contributions from individuals or organizations that are hostile towards LGBTQ rights and equality.

Several members of the two committees that helped write the adoption RFRA laws received contributions from individuals or organizations that are hostile towards LGBTQ rights and equality. Rep. Kathy Crawford and Senator Tom Casperson both received $9,000 in support from the DeVos family, and Rep. Andrea LaFontaine (R), who introduced HB 4188, received $8,100 from the DeVos Family, according to research by the Michigan Campaign Finance Network. This may not be a shock to those from Michigan, who know the DeVoses are the most politically active donors in the state in recent years. But the DeVoses also funded some of the groups, such as Michigan’s largest adoption agency Bethany Christian Services, that lobbied hard for the adoption RFRA: the most recent 990 documents (2013) for the Richard & Helen DeVos Foundation show that they contributed $250,000 to Bethany Christian Services. The Dick & Betsy DeVos Foundation provided $25,000 to Bethany in 2013.

Another group that lobbied for the adoption RFRA was Michigan Family Forum, an affiliate of CitizenLink, the state policy network of the Family Research Council. Michigan Family Forum used its longstanding connections to Christian Right politicians and networks across the state to mobilize voters and lawmakers to support this set of bills. Major donors to the Michigan Family Forum in recent years include the Edgar & Elsa Prince Foundation, which contributed $15,000 in 2014.

The DeVoses, and to a lesser extent the Princes, have their thumb on the scales of public policy in Michigan. But what does this mean for other states? Where else are these ultra-wealthy political donor families pushing to stop towns and cities from exercising their democratic right to local control? And where else might they be trying to stop LGBTQ people from gaining more human and civil rights? PRA is looking into these and other questions; watch this space for more.

Jeff Smith contributed research and writing to this report.

CitizenLink Prepares to “Muscle Up” for [One-Man-One-Woman] Marriage

The new president of one of the most powerful conservative organizations in the country is well-steeped in the Christian Right’s scheme to redefine the meaning of religious freedom into a weapon designed to roll-back LGBTQ rights and attack reproductive justice. And as the Supreme Court’s marriage equality decision looms, he’s readying a massive response.

CitizenLink announced last week that after nearly 30 years at the helm, Tom Minnery will be stepping down as president, transitioning leadership of the right-wing political advocacy group to Paul Weber, who previously served as vice president of communications and development for one of the Right’s most prominent legal advocacy groups, the Alliance Defending Freedom (ADF), from 2000-2013.

Outgoing CitizenLink president Tom Minnery (left) and incoming president Paul Weber (right)

Outgoing CitizenLink president Tom Minnery (left) and incoming president Paul Weber (right)

Founded in 2004, CitizenLink is the public policy arm of Focus on the Family, operating out of the same building and under the same executive leadership team. Its mission is to “equip citizens to make their voices heard on critical social policy issues involving the sanctity of human life, the preservation of religious liberties and the well-being of the family as the building block of society.” Essentially, CitizenLink endeavors to insert—and enforce—a conservative biblical worldview into government and civil society.

Weber, who says he was originally recruited into the conservative movement through New Jersey’s CitizenLink affiliate, the Family Policy Council, is excited to “muscle up” CitizenLink’s work, focusing especially on the development and expansion of the nationwide network of Family Policy Councils.

Similar to the national network of conservative State Policy Network groups, there are currently 38 state-based Family Policy Councils formally associated with CitizenLink. Through these affiliates, CitizenLink works to “advance Christian values in laws, elections and our culture.” In the 2014 midterm elections alone, CitizenLink mobilized a huge nationwide effort targeting 21 state and federal races with an aggressive and well-funded field campaign that included nearly 5 million phone calls, 11,000 door knocks, and 2.3 million mailers.

CitizenLink’s campaign efforts include defunding Planned Parenthood, restricting abortion access, enforcing abstinence-only sex ed, resisting marriage equality efforts, countering attempts to curb global warming, and promoting creationism in schools.

In a recent fundraising appeal, outgoing president Tom Minnery conceded that despite the Right’s valiant efforts to restrict the benefits and privileges of marriage to the one-man-one-woman Christian Right model, the Supreme Court will likely rule in favor of marriage equality when they issue their decision in Obergefell v. Hodges later this month. “We need to be prepared for this devastating setback,” he wrote, going on to say, “Despite the court’s ruling, we must look to the future and get ready for the inevitable battles to come.”

Minnery also recommends looking to the past. In CitizenLink’s Spring 2015 newsletter, he reflected on the success of the anti-choice movement in the 40-plus years since Roe v. Wade. The veteran conservative explains that instead of falling into despair and giving up, anti-choice activists “began chipping away at Roe, by supporting smaller bills that limit abortions in many ways. Today, hundreds of those laws are in place around the country.”

In the last four years alone, over 200 laws restricting abortion access have passed in state legislatures (at least one in every state except Oregon), and more than 300 additional regulations have already been proposed in 45 different states this year.

If the Supreme Court rules in favor of marriage equality later this month, Minnery warns that what he calls the “radical Left” will next seek to “shut down the free religious expression of millions of pro-family Americans.” By this, he means that Christian business owners won’t be allowed to discriminate against people based on their sexual orientation. Bakers, florists, and wedding photographers will, indeed, be expected to accommodate the needs of LGBTQ customers in the same way that they serve their heterosexual clientele.

The strategy to use the progressive value of religious freedom to mask discriminatory laws is largely being authored by the Alliance Defending Freedom—the former workplace of new CitizenLink president Paul Weber—and other Christian Right  groups.  While the federal Religious Freedom Restoration Act (RFRA) promoted the progressive values of religious pluralism, respect for all beliefs and non-beliefs, and tolerance, the RFRA bills being proposed and promoted by the Christian Right in state legislatures all over the country are designed to legalize religious authoritarianism—in direct contradiction to the original definition of religious freedom.

The strategy to use the progressive value of religious freedom to mask discriminatory laws is largely being authored by the Alliance Defending Freedom—the former workplace of new CitizenLink president Paul Weber—and other Christian Right groups. While the federal Religious Freedom Restoration Act (RFRA) promoted the progressive values of religious pluralism, respect for all beliefs and non-beliefs, and tolerance, the RFRA bills being proposed and promoted by the Christian Right in state legislatures all over the country are designed to legalize religious authoritarianism—in direct contradiction to the original definition of religious freedom.

Though many on the Left may scoff, the narrative that “good, God-fearing Christians” are being persecuted by laws that prevent them from discriminating against LGBTQ people is gaining strength and momentum. CitizenLink has played a key role in the effort to redefine religious liberty and oppress LGBTQ people and women across the country by working to advance more repressive, state-level laws essentially granting licenses to discriminate, all under the same name as the more progressive federal Religious Freedom and Restoration Act (RFRA). Simultaneously, through their on-the-ground network of Family Policy Councils, CitizenLink is also fighting legislation that would expand civil rights protections to LGBTQ people, including laws that would prevent employment and/or housing discrimination. The organization was an active part of the RFRA fights in Indiana and Arkansas, and claims credit for the defeat of laws in Idaho and North Dakota that would have provided critical protections to LGBTQ people.

Elliot Mincberg, a senior fellow at People for the American Way, explains, “These [state “religious freedom” bills] are, in part, a component of the far right’s efforts to reframe their decades-long war against every advance in societal acceptance and legal rights for lesbian, gay, bisexual, and transgender (LGBT) Americans into a noble effort to protect ‘religious liberty.’”

They are also an echo of the anti-abortion movement’s state-by-state chip away strategy—a nod to the lesson that no defeat is ever final.

Regardless of whether or not the Supreme Court gives same-sex couples the stamp of approval, the Right won’t stop fighting. Paul Weber has already pledged to expand the network of CitizenLink-affiliated Family Policy Councils to all 50 states, and we can anticipate that wherever they are, they’ll be hard at work weakening whatever rights and protections might be gained.

Not All the Same: Christian Right’s Hobby Lobbyization of State RFRAs

Things hit the fan in the wake of the signing of the Indiana Religious Freedom Restoration Act (RFRA) by Governor Mike Pence (R). He and other defenders of the bill argued that it was the same as the other state RFRAs, as well as the federal RFRA signed by President Clinton. Discrimination was not intended, so what was everyone so upset about?

The claim that the bill did not intend to protect discrimination collapsed, as many publications and LGBTQ civil rights activists (such as the Indiana ACLU) quickly proved that discrimination was exactly the intent. The resulting national controversy compelled Indiana to offer “clarifying” legislation.   But it is revealing how important it was to conservatives that the bill not be seen as discriminatory – using false claims about the federal and other state level RFRAs as a cover. But also revealing is their attempt to reinterpret the intentions of the authors of the federal and other state RFRAs.  This is of a piece with the long-term Christian Right campaign to redefine religious liberty in the country in terms favorable to their theocratic vision.

Indiana Governor Mike Pence (R) is joined by Christian Right leaders as he signs the Hobby Lobbyized RFRA into law.

Indiana Governor Mike Pence (R) is joined by Christian Right leaders as he signs the Hobby Lobbyized RFRA into law.

The way they went about it is instructive. Conservative Republican politicians, their apologists (such as New York Times columnist David Brooks), and allied groups suggested that the bills are essentially the same.  Even some Christian Right leaders like Tony Perkins of the Family Research Council bent the truth, claiming that Indiana merely joined “19 other states in aligning themselves with federal religious freedom law.”  (Even though the state-level Christian Right leaders who backed the bill, and stood behind Gov. Pence when he signed it, have been clear about their intentions.)

The Times’ own reporting cited legal scholars, including Columbia Law School professor Katherine Franke, who said that the Indiana is not the same as the federal law or the Illinois state law supported by President Obama when he served in the Illinois State Senate.

“[Franke] and other legal experts said the Indiana law expands the parties who could ask for relief on religious grounds to include a wider range of corporations, if individuals with ‘substantial control’ of the business share the same religious beliefs.

The Indiana measure also grants parties the right to bring legal action to prevent a ‘likely’ burden on religious belief, even before any burden is imposed. And it expands the situations in which the protection could be invoked to include disputes between private parties engaged in lawsuits, even if they do not involve any direct actions by a government agency.”

The fact is that the federal RFRA, and most of the past state RFRAs, apply only to government actions. The original purpose of the legislation was to restore individual religious liberty taken away by the Supreme Court in the case of Employment Division v Smith, which involved Native Americans being denied state unemployment benefits in Oregon because they had been fired for using the illegal drug peyote in traditional religious ceremonies. The Court ruled that they had no legal recourse, so Congress sought to narrowly set a standard essentially reversing the Smith decision.  A later Court ruling limited the reach of the federal RFRA to the actions of the federal government only, hence the beginning of the state level RFRAs.

However, since the Hobby Lobby v. Burwell Supreme Court ruling in 2014, Christian Right agencies like Alliance Defending Freedom, the Becket Fund, the Mormon Church, and their allies at the United States Catholic Conference of Bishops, have pushed state level RFRAs that extend certain provisions to corporations and individuals allowing measures of discrimination in the face of religious claims that to provide services to LGBTQ people violates their consciences.

The Hobby Lobby case, for the first time, granted a private business religious standing under the First Amendment. In that case, the Hobby Lobby chain of craft stores was allowed to claim a religious exemption from providing employees with healthcare insurance covering four kinds of contraceptives, because the company owners believe (medical science not withstanding) that they are abortifacients.

Borrowing language from the federal RFRA, on which the original case filed by The Becket Fund for Religious Liberty was based, Justice Alito, writing for the majority, said the government’s requirement that Hobby Lobby provide this contraceptive coverage imposed a “substantial burden” on their religious liberty, and that there are ways of accomplishing the “compelling government interest” in ensuring that women have access to these drugs, by the “least restrictive means.”  Justice Ginsburg, writing in dissent, was concerned by the potential sweeping implications of the decision. “The court’s expansive notion of corporate personhood,” Ginsburg wrote, “invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faiths.”

The first of these Hobby Lobbyized RFRAs was passed in Arizona, but was ultimately vetoed by the governor. A similar bill was passed and signed into law in Mississippi, while other such bills have been stalled in other states.

Justice Ginsberg’s concerns are being realized in the efforts to insert Hobby Lobbyized provisions into state RFRAs.  What is curious is that are engaging in an odd and easily refutable historical revisionism in claiming that the Hobby Lobbyized RFRAs was the intention all along—even though the federal RFRA was passed in 1993.

The turning point in the national controversy was probably the debacle on ABC’s This Week with George Stephanopoulos, when Governor Pence repeatedly claimed that the Indiana bill was the same as the others, and refused to say whether or not he supported anti-LGBTQ discrimination.

Pence claimed that the “Religious Freedom Restoration Act was signed into federal law by President Bill Clinton more than 20 years ago. And it lays out a framework for ensuring that a very high level of scrutiny is given any time government action impinges on the religious liberty of any American. After that, some 19 states followed that, adopted that statute. And after last year’s Hobby Lobby case, Indiana properly brought the same version that then state senator Barack Obama voted for in Illinois before our legislature. And I was proud to sign it into law last week.”

The Indianapolis Star reported on April 2nd that Pence’s talking points did not square with the facts. Pence is correct except that the Indiana bill is not the same as the federal RFRA and most of the state RFRA’s – including Illinois – but the post-Hobby Lobby timing is telling. The shorthand for the bill around the legislature was “the Hobby Lobby bill.”

In the wake of the controversy over the Indiana bill, Arkansas changed their proposed RFRA before it was passed to ensure that it could only be invoked in cases where the government is a party, just as in the federal version. While the struggle over the definition of religious freedom is far from over, the battle lines are becoming clearer.

The overlooked Indiana outcomes that could haunt the Christian Right

I think there are two underreported features of the fallout from Indiana that we should make sure do not get lost in the hoo ha.

One is that people are getting it that religious freedom does not and must not equal the right to discriminate. The other is that people are also broadening and deepening their understanding of what they basically already know:  the Christian Right’s view on these things is not shared by all of Christianity.

The Indiana RFRA, as originally written, allowed people to invoke their religious beliefs to deny commercial services to LGBTQ people – but Republican political leaders did not want to admit it. History may recognize Governor Pence’s disastrous interview with George Stephanopoulos on ABC’s This Week as a turning point, not only in the battle over the state’s RFRA, but in the struggle over the definition of religious freedom in our times.

Stephanopoulos repeatedly sought to get Pence to say how the bill did not constitute discrimination and whether or not he himself supported discrimination, but each time the Governor awkwardly weaseled his way out of answering the question.

Meanwhile, the state faced economic boycotts, street demonstrations, a skeptical press, and the RFRA faced a rising chorus of denunciation from a wide range of groups and individuals across the country—including the Republican Mayor of Indianapolis.

The state legislature and Gov. Pence quickly changed course and passed a “clarification,” while publicly explaining that their religious freedom law did not equal discrimination and that this was not their intention.

While not perfect, the legislative clarification barred a religious liberty defense by businesses accused of discrimination for refusing to provide services, goods, facilities or accommodations based on sexual orientation or gender identity – although it does allow religious non-profit organizations to continue to discriminate.

The Christian Right, which had supported the original bill, was outraged. What good is a religious freedom bill if it doesn’t give you the right to discriminate?  That is the question – since a central strategy of the Christian Right in recent years has been to reframe issues of reproductive rights and homosexuality in terms of religious freedom.

I reported here (before the Indiana RFRA blew up) that 50 Catholic and evangelical leaders, including National Organization for Marriage founder Robert P. George and Baptist megachurch Pastor Rick Warren, signed a 2015 anti-marriage equality manifesto that essentially argued that anyone who supports or in any way accommodates same-sex marriage cannot call themselves a Christian.

They also claimed that acceptance of marriage equality is the result of a “deceptive pseudo-freedom that degrades our ­humanity.  Genuine freedom,” they concluded, “is found in ­obedience to God’s order.”

This notion is not unique to the pre-Indiana ideologues. Tony Perkins of the Family Research Council denounced the clarification.

Remarkably, he blamed “Big Business” and “the intolerant Left” for “gutting” religious freedom in Indiana, and empowering “the government to impose punishing fines on people for following their beliefs about marriage.”

Archbishop William Lori of Baltimore, who leads the religious liberty committee of the U.S. Conference of Catholic Bishops, said the bishops are undeterred.

“Individual or family-owned businesses as well as religious institutions should have the freedom to serve others consistent with their faith,” Lori said in a statement.

What Lori meant of course, is that people who believe as he does should have the right to refuse service to people they do not approve of.

A second feature of the Indiana debacle, which we should not lose sight of, is that the Christian Right is losing the battle for the public perception that its views on religious freedom and LGBTQ people represent all of Christianity.

The Christian Right has never represented all of Christianity of course, and the Indiana episode provided us with an outstanding example.

Even before the sports organizations, businesses, and celebrities, one of the first national organizations to speak out against the Indiana RFRA was The Christian Church (Disciples of Christ), a mainline Protestant denomination with a half-million members, headquartered in Indianapolis.

The church’s denunciation of the bill was widely reported. Ultimately, the Disciples pulled their 2017 convention out of the state in protest over the law, the likely inadequacies of the then planned clarification, and the state’s lack of anti-discrimination protections for sexual orientation and sexual identity.

“As a Christian church, we affirm and support religious freedom,” General Minister and President Sharon Watkins said in a prepared statement. “It is, in fact, a core principle…  We are also strongly committed to an inclusive community — just as Jesus welcomed all to the table.”

The Christian Right’s strategy has suffered some powerful losses of late. It is good to take notice.

UPDATE: Since I first published this piece, the Disciples of Christ has decided to return their 2017 convention to Indianapolis.  Sharon Watkins wrote:

Locating our assembly in Indianapolis, now that our concerns have been addressed, positions us more strongly as a moral voice in the movement for equal protection under the law for all.

The Christian Church (Disciples of Christ) will continue to advocate for wholeness and dignity for all people. We are a church of an open table where all are welcome in Christ’s name.

Indianapolis is now a more welcoming place for all our assembly-goers than it was when we originally decided on Indianapolis for our 2017 site.