Tag Archives: Religious Freedom

Why does the Wintery Knight have to have an alias?

Gay activist vandalizes pro-marriage sign
Gay activist vandalizes pro-marriage sign

To answer that question, let’s look at the latest from The Weekly Standard by Johnathan Last.

It says:

You may recall Brendan Eich. The cofounder and CEO of Mozilla was dismissed from his company in 2014 when it was discovered that, six years earlier, he had donated $1,000 to California’s Proposition 8 campaign. That ballot initiative, limiting marriage to one man and one woman, passed with a larger percentage of the vote in California than Barack Obama received nationally in 2012. No one who knew Eich accused him of treating his gay coworkers badly—by all accounts he was kind and generous to his colleagues. Nonetheless, having provided modest financial support to a lawful ballot initiative that passed with a majority vote was deemed horrible enough to deprive Eich of his livelihood. Which is one thing.

What is quite another is the manner in which Eich has been treated since. A year after Eich’s firing, for instance, Hampton Catlin, a Silicon Valley programmer who was one of the first to demand Eich’s resignation, took to Twitter to bait Eich:

Hampton ‏@hcatlin Apr 2

It had been a couple weeks since I’d gotten some sort of @BrendanEich related hate mail. How things going over there on your side, Brendan?

BrendanEich ‏@BrendanEich

@hcatlin You demanded I be “completely removed from any day to day activities at Mozilla” & got your wish. I’m still unemployed. How’re you?

Hampton ‏@hcatlin Apr 2

@BrendanEich married and able to live in the USA! .  .  . and working together on open source stuff! In like, a loving, happy gay married way!

It’s a small thing, to be sure. But telling. Because it shows that the same-sex marriage movement is interested in a great deal more than just the freedom to form marital unions. It is also interested, quite keenly, in punishing dissenters. But the ambitions of the movement go further than that, even. It’s about revisiting legal notions of freedom of speech and association, constitutional protections for religious freedom, and cultural norms concerning the family. And most Americans are only just realizing that these are the societal compacts that have been pried open for negotiation.

He co-founded the company, invented the most widely-used client-side programming language used on the Internet, and he had to step down for making a donation to the cause of male-female marriage. This guy is a hundred times the programmer that I will ever be. And yet he has not found a job since he was thrown out of the company that he co-founded and made successful.

That’s why I have an alias.  Because I want to be able express my convictions about issues ranging from abortion to marriage to intelligent design to climate change without losing my job. I need my job to be able to help other Christians, and to have any chance at all of getting married and having children.

The Weekly Standard article traces the progress of the gay agenda, quoting from gay activists in Slate, The Daily Beast, The Atlantic, The Economist, The New Republic, etc.

Let’s look at one of them: Jonathan Rauch writing in The Daily Beast:

Then Rauch turned to the question of whether or not the creation of same-sex marriage was an obvious extension of liberty—as gay rights advocates have always insisted—or something much bigger:

Virtually all human societies, including our own until practically the day before yesterday, took as a given that combining the two sexes was part of the essence of marriage. Indeed, the very idea of a same-sex marriage seemed to most people a contradiction in terms. .  .  .

By contrast, marriage has not always been racist. Quite the contrary. People have married across racial (and ethnic, tribal, and religious) lines for eons, often quite deliberately to cement familial or political alliances. Assuredly, racist norms have been imposed upon marriage in many times and places, but as an extraneous limitation. Everyone understood that people of different races could intermarry, in principle. Indeed, that was exactly why racists wanted to stop it, much as they wanted to stop the mixing of races in schools. In both intent and application, the anti-miscegenation laws were about race, not marriage.

Why should this distinction matter today, if both kinds of discrimination are wrong? Because asking people to give up history’s traditional understanding of marriage is a big ask. You don’t expect thousands of years of unquestioned moral and social tradition to be relinquished overnight.

[…]The First Amendment carves out special protections for religious belief and expression. That does not mean, of course, that Christian homophobes can discriminate as much as they want provided they quote the Bible. It does mean, at least for a while, courts and legislatures will strike compromises balancing gay rights and religious liberty, something they did not have to do with black civil rights. This makes gay marriage more complicated—legally, socially, and even ethically—than interracial marriage. And it means gay-marriage supporters will hit a constitutional brick wall if we try to condemn our opponents to immediate and total perdition.

Got that? Gay activists do “expect thousands of years of unquestioned moral and social tradition to be relinquished” – just not overnight. Courts and legislatures can compromise on annihilating freedom of speech and religious liberty – at least for a while. The generous gay rights activists won’t condemn those of us who think that children need a mother and a father to immediate punishment of the sort that Brendan Eich got. Or the punishment that the Oregon bakery got. Or the punishment that the Washington florist got. Or the punishment that the New Mexico photographer got. Only some people will need to be punished – as an example to the others to fall in line.

Are you getting this? This is fascism.

There are three things to do to make it safe for people who believe in natural marriage to speak out without fear. First, never vote for any Democrats ever again, and make sure that the Republicans you vote for are supportive of religious liberty and free speech. Second, we need to get informed in order to be persuasive on the marriage issue. Read a book on pro-marriage apologetics. Read another book on the sociological evidence that shows the importance of mothers and fathers to children. And then read another book on the sociological evidence for the harm caused to children raised by same-sex parents. Then you will know what you have to know to be a change agent for marriage where you are. Finally, it’s never a bad idea to donate to the Alliance Defending Freedom, the team of lawyers who defend Christians in court.

Most Americans believe that religious businesses can refuse gay wedding-related services

This poll is from CBS News.

It says:

A majority of Americans (57 percent) continue to say it should be legal for same-sex couples to marry, although that’s down three points from a high reached in February. Most Democrats (66 percent ) and independents (61 percent ) think same-sex marriage should be legal, while most Republicans (61 percent ) do not.

Still, just over half of Americans (51 percent) think small business owners should be allowed to refuse wedding services to same-sex couples if it violates their religious beliefs; 42 percent think those businesses should be required to provide those services. There are sharp partisan differences on this issue.

I found the numbers in this poll troubling – it seems to me that the support for same-sex marriage over religious liberty is worse than I thought.

According to this Washington Examiner article, Bobby Jindal and Ted Cruz appear to be the toughest defenders of religious liberty, with Walker and Rubio in the second tier.

It says:

Evangelical Christian voters are facing an unusual problem: they may have too many choices when it comes to the 2016 presidential election. Several Republican candidates are vying for their support, viewing the voting bloc as a key stepping stone to the nomination.

More than ever before, evangelical sources say, candidates will need to focus on the issue of religious liberty to win this crucial vote, especially in states like Iowa. Many evangelicals felt Indiana Gov. Mike Pence failed to stand up for his state’s Religious Freedom and Restoration Act, which animated conservative Christians across the country.

Steve Deace, a leading talk radio personality in Iowa, believes the impact of Pence’s decision on voters in his state cannot be understated. “There’s a better chance Hillary Clinton will be the [GOP] nominee next year than Mike Pence,” Deace told the Washington Examiner. “Religious freedom is going to be the biggest issue. It has become a transcendent issue. It’s bigger than life, it’s bigger than marriage.”

[…]Bob Vander Plaats, the CEO of the social conservative group the Family Leader, is a kingmaker of sorts in Iowa who has gained influence in the state by leading the effort to remove three Iowa Supreme Court judges from office because of a decision in favor of gay marriage. In 2008, he endorsed former Arkansas Gov. Mike Huckabee. In 2012, he picked former Sen. Rick Santorum, R-Pa.

This time, Vander Plaats expects to endorse someone around the Thanksgiving holiday, and said Huckabee, Louisiana Gov. Bobby Jindal, and Texas Sen. Ted Cruz are the Republicans that have already impressed him.

[…]Deace said that after the candidate forum he moderated in Des Moines, Iowa, last month, he believes Cruz and Jindal to be the early favorites among evangelical voters. But many evangelical voters, he says, have interest in Florida Sen. Marco Rubio and Wisconsin Gov. Scott Walker, and have not yet made a decision. Unlike recent elections past, Deace says evangelical listeners who are loyal members of his audience want someone who has the organization and financing capable of winning the Republican nomination.

“They’re tired of the false choice of choosing between the guy who believes in something and the guy who raises a bunch of money,” Deace said. “They want the guy who believes in something to raise a bunch of money. … They’re not necessarily looking for the nice guy, or the guy who says ‘Jesus’ the most.”

Evangelicals have several good candidates this time in the primary. I am still favoring Jindal and Walker above all the others, and I’m happy to see that they are seen as solid on religious liberty.

Louisiana governor Bobby Jindal to anti-marriage corporate bullies: “Save your breath”

Louisiana Governor Bobby Jindal
Louisiana Governor Bobby Jindal

Bobby Jindal is my #2 pick for President, just behind Scott Walker. Previously, I blogged about how Jindal had the best pro-life record of any of the GOP primary candidates. And now were going to see that he is tough on defending marriage, as well.

Jindal defends marriage in the radically leftist New York Times, of all places.

Jindal writes:

THE debate over religious liberty in America presents conservatives and business leaders with a crucial choice.

In Indiana and Arkansas, large corporations recently joined left-wing activists to bully elected officials into backing away from strong protections for religious liberty. It was disappointing to see conservative leaders so hastily retreat on legislation that would simply allow for an individual or business to claim a right to free exercise of religion in a court of law.

Our country was founded on the principle of religious liberty, enshrined in the Bill of Rights. Why shouldn’t an individual or business have the right to cite, in a court proceeding, religious liberty as a reason for not participating in a same-sex marriage ceremony that violates a sincerely held religious belief?

That is what Indiana and Arkansas sought to do. That political leaders in both states quickly cowered amid the shrieks of big business and the radical left should alarm us all.

It might be a surprise for my readers, but big greedy corporations are as liberal as big greedy unions – conservatives don’t like unions or big corporations. We like small businesses. And so does Bobby Jindal.

While Indiana and Arkansas retreat, Jindal wants to double down:

As the fight for religious liberty moves to Louisiana, I have a clear message for any corporation that contemplates bullying our state: Save your breath.

In 2010, Louisiana adopted a Religious Freedom Restoration Act, which prohibits government from unduly burdening a person’s exercise of religion. However, given the changing positions of politicians, judges and the public in favor of same-sex marriage, along with the potential for discrimination against Christian individuals and businesses that comes with these shifts, I plan in this legislative session to fight for passage of the Marriage and Conscience Act.

The legislation would prohibit the state from denying a person, company or nonprofit group a license, accreditation, employment or contract — or taking other “adverse action” — based on the person or entity’s religious views on the institution of marriage.

Some corporations have already contacted me and asked me to oppose this law. I am certain that other companies, under pressure from radical liberals, will do the same. They are free to voice their opinions, but they will not deter me. As a nation we would not compel a priest, minister or rabbi to violate his conscience and perform a same-sex wedding ceremony. But a great many Americans who are not members of the clergy feel just as called to live their faith through their businesses. That’s why we should ensure that musicians, caterers, photographers and others should be immune from government coercion on deeply held religious convictions.

I know that many of you have not heard of Bobby Jindal, but he is one of our best and most conservative candidates. I think that for people who vote primarily for social conservatism, he is the most effective on those issues – much more than all the other candidates. Honestly, I don’t think he cares about being popular, he just does what he thinks is right.

Hillary Clinton attacks Indiana’s religious liberty law

First, let’s take a look at what Jesus says about same-sex marriage.

Matthew 19:1-6:

1 Now when Jesus had finished these sayings, he went away from Galilee and entered the region of Judea beyond the Jordan.

2 And large crowds followed him, and he healed them there.

3 And Pharisees came up to him and tested him by asking, “Is it lawful to divorce one’s wife for any cause?”

4 He answered, “Have you not read that he who created them from the beginning made them male and female,

5 and said, ‘Therefore a man shall leave his father and his mother and hold fast to his wife, and the two shall become one flesh’?

6 So they are no longer two but one flesh. What therefore God has joined together, let not man separate.”

Now, let’s see some reactions to the Indiana law, which I explained in a previous blog post, from people on the secular left.

Hillary Clinton thinks that any arrangement of people who love each other is as good as any other:

Hillary Clinton opposes religious liberty
Hillary Clinton opposes religious liberty

Her tweet implies support for incestuous relationships being “marriage” as well as polygamy. That is a direct logical implication of calling an arrangement of people who love each other “marriage”.

But she’s not the only one.

Marriage defender Ryan T. Anderson responds to Apple CEO Tim Cook in the Daily Signal.

He writes:

Apple CEO Tim Cook has taken to The Washington Post to tell the nation that, in the words of the headline, “Pro-discrimination ‘religious freedom’ laws are dangerous.”

Notice the scare quotes around “religious freedom.” But the reality is that the only person in favor of discrimination in this debate is Tim Cook.

It is Tim Cook who favors laws that discriminate against people of faith who simply ask to be left alone by government to run their businesses and their schools and their charities in accordance with their reasonable belief that marriage is the union of a man and a woman. It is Tim Cook who would have the government discriminate against these citizens, have the government coerce them into helping to celebrate a same-sex wedding and penalize them if they try to lead their lives in accordance with their faith.

[…]As Sarah Torre and I explained last week, Indiana’s religious freedom law protects citizens from government coercion—it places the burden of proof on the government if it is going to violate liberty. For over 20 years, the federal government has lived by this standard—the Religious Freedom Restoration Act  passed unanimously in the House, with 97 votes in the Senate, and was signed into law by Bill Clinton. Twenty states have passed this law. And 11 additional states have religious liberty protections that state courts have interpreted to provide a similar level of protection.

So, in total, the federal court system and 31 state court systems enforce this level of protection. Why is Tim Cook suddenly opposed to it?

The answer is simple: This isn’t a debate about Religious Freedom Restoration Acts. This is a debate about whether Americans should remain free to live in accordance with the truth about marriage in their public lives. This is a debate about whether or not the government should be able to coerce people into violating their belief that marriage is the union of a man and a woman.

This is what the Indiana law is suppose to defend against:

Again, it’s not a slam dunk – all it says is that when a secular big government sues a person of any religion to force them to deny their faith, then religious liberty can be brought in as part of their defense during their day in court. By the way, always vote for smaller government, then these things don’t even happen because marriage, family and private businesses are less regulated.

How is the law applied?

This article from The Federalist lists 10 examples of how religious freedom laws have been applied.

Here’s one:

7) Muslim prisoner fights to wear short beard: Abdul Muhammad
Abdul Muhammad is a Muslim incarcerated in Arkansas. He was not allowed to grow the 1/2 inch beard his religion commands even though Arkansas permits beards for other reasons. And the same beard would have been allowed in 44 state and federal prison systems in the country. In 2011, he filed suit. He won the suit using the “RFRA for prisoners” — the Religious Land Use and Institutionalized Persons Act. That bill was also signed by Bill Clinton.Earlier this year, Muhammad won his case unanimously at the United States Supreme Court. They held that he’d shown the restriction was a substantial burden on his religious exercise.

And:

9) Florida denies prisoners kosher meals: Bruce Rich

Bruce Rich is an Orthodox Jewish prisoner in Florida, one of the last remaining states in the country that doesn’t provide kosher food for Jewish prisoners. He argued this violates the Religious Land Use and Institutionalized Persons Act of 2000, RFRA for prisoners.

Florida claimed it limited food options to control costs and maintain security. The Becket Fund for Religious Liberty, which took Rich’s case, noted that 35 states and the federal government provided kosher meals without it posing a problem.

[…]Rich withdrew his case once Florida began providing the necessary meals.

Does this law sound like a free pass to discriminate against gays to you? It goes to trial, and religious liberty is part of the defense that the judge considers.

Look at this opinion from another Indiana law professor:

I should stress–and this point was totally lost in the Indiana debate–that RFRA does not provide immunity. It only allows a defendant to raise a defense, which a finder of fact must consider, like any other defense that can be raised under Title VII or the ADA. RFRA is *not* a blank check to discriminate.

Here’s another defense of the Indiana law by an Indiana University law professor who supports same-sex marriage.

You can read another analysis of the religious liberty law from Gabriel Malor, a gay conservative. Actually, I re-tweeted THREE gay conservatives who were in favor of the law yesterday (Gabriel Malor, Milo Yiannopoulos, and Gay Patriot).  This is not what you are hearing in the mainstream media, but is being used as a club to beat Christians into silence. And sadly, many younger evangelicals will respond to this and vote Democrat out of a lack of understanding of the issues.

How to respond to complaints about Indiana’s new religious freedom law

Good news to start your day!
Good news to start your day!

First, the story, from the Daily Signal:

A bill known as the Religious Freedom Restoration Act has been signed into law by the governor.

Supporters of Indiana Senate Bill 101 say that the law protects the free practice of religion, and opponents say the law will allow gay and lesbian individuals to be discriminated against.

For example, the law could permit business owners who felt that being forced to serve a certain customer in a particular case violated their religious beliefs to appeal to a judge. The courts would then decide if their objection was valid or not.

The bill was passed by the House 63-31 on Monday, and was approved by the Senate 40-10.

Gov. Mike Pence, R-Ind.,  approved the legislation today.

“Indiana is rightly celebrated for the hospitality, generosity, tolerance and values of our people, and that will never change,” Pence said in a statement. “Faith and religion are important values to millions of Hoosiers and with the passage of this legislation, we ensure that Indiana will continue to be a place where we respect freedom of religion and make certain that government action will always be subject to the highest level of scrutiny that respects the religious beliefs of every Hoosier of every faith.”

This is the key part:

Sarah Torre, a policy analyst at The Heritage Foundation, told The Daily Signal that the bill is modeled off of the federal Religious Freedom Restoration Act of 1993, which passed with bipartisan support and was signed into law by President Bill Clinton.

The federal law “prohibits substantial burdens on religious exercise unless the government can show a compelling interest in burdening religious liberty and does so through the least restrictive way possible,” said Torre. “Protections for religious freedom, like the one passed in Indiana, provide a commonsense way to balance the fundamental right to religious liberty with compelling government interests.”

Torre said that it’s important to note that the law “doesn’t allow individuals to do whatever they wish in the name of religion:”

“The law is simply a commonsense way of balancing government interests with the fundamental freedom of individuals to live out their faith. There will be times when a state or federal government can show it has a compelling reason for burdening religious expression—to ensure public safety, for instance. But Religious Freedom Restoration Acts set a high bar for the government to meet in order to restrict religious freedom.”

Such legislation at the state and federal level merely protects First Amendment rights, according to Torre.

“A robust conception of religious liberty provides every person the freedom to seek the truth, form beliefs, and live according to the dictates of his or her conscience—whether at home, in worship, or at work,” said Torre.

Torre added that 19 other states have similar laws.

And if that were not enough, here is an Indianapolis Star editorial from law professor at Indiana University School of Law – who supports same-sex marriage – who is in favor of Indiana passing the bill.

He writes:

I am a supporter of gay rights, including same-sex marriage. But as an informed legal scholar, I also support the proposed Indiana Religious Freedom Restoration Act (RFRA).

[…]The bill would establish a general legal standard, the “compelling interest” test, for evaluating laws and governmental practices that impose substantial burdens on the exercise of religion. This same test already governs federal law under the federal RFRA, which was signed into law by President Bill Clinton. And some 30 states have adopted the same standard, either under state-law RFRAs or as a matter of state constitutional law.

[…]But granting religious believers legal consideration does not mean that their religious objections will always be upheld. And this brings us to the issue of same-sex marriage.

Under the Indiana RFRA, those who provide creative services for weddings, such as photographers, florists or bakers, could claim that religious freedom protects them from local nondiscrimination laws. Like other religious objectors, they would have their day in court, as they should, permitting them to argue that the government is improperly requiring them to violate their religion by participating (in their view) in a celebration that their religion does not allow.

But courts generally have ruled that the government has a compelling interest in preventing discrimination and that this interest precludes the recognition of religious exceptions. Even in the narrow setting of wedding-service providers, claims for religious exemptions recently have been rejected in various states, including states that have adopted the RFRA test. A court could rule otherwise, protecting religious freedom in this distinctive context. But to date, none has.

In any event, most religious freedom claims have nothing to do with same-sex marriage or discrimination. The proposed Indiana RFRA would provide valuable guidance to Indiana courts, directing them to balance religious freedom against competing interests under the same legal standard that applies throughout most of the land. It is anything but a “license to discriminate,” and it should not be mischaracterized or dismissed on that basis.

What the secular leftists in the media are saying is that the law gives religious people the right to reject any customer for any reason. Big businesses, which are overwhelmingly leftist, are also reacting the same way. The truth – as we saw above – is nothing like what the secular leftists are saying. The law is simply an echo of a federal law that already exists and was signed by Bill Clinton. Well done, Indiana. Well done, Republican legislators. Well done, Governor Mike Pence.