GFR7
New member
This piece from Salon.com is very interesting, both in it's revelation of the thinking of liberals on the subject of religious freedom, and in its indication of a resurgence of fourth turning principles in the US:
Our coming theocratic hell: Look out, the right’s “religious freedom” push is just the beginning
Draw the line from Hobby Lobby to Indiana: Religion has dangerously infected our legal system. It's getting worse
By now, it’s clear that Indiana’s Religious Freedom Restoration Act was crafted to empower piously bigoted entrepreneurs and companies desirous of freelancing with their own “Jim Crow for gays” restrictions, and to let them cite as legal justification for doing so their precious religious sensibilities. The RFRA, said the original text, sought to give judicial succor to those who found that their “exercise of religion . . . has been substantially burdened,” or was just “likely to be substantially burdened” by performing services for people their faith’s sacred credos enjoin them to abhor (gays, in this case). The ensuing uproar in the media and business circles compelled Indiana’s state Senate to amend the legislation to prevent its deployment against the LBGT community, but state Democrats are still calling for its repeal.
The danger, however, has by no means passed. RFRAs already exist in 21 other states (in three of which, bills are pending to fortify them), and three more are considering adopting similar measures. The RFRA just passed last week in Arkansas may allow faith-based discrimination; we now await a test case.
Yet the real menace to our priceless heritage of secular governance comes from the Supreme Court, which a year ago (in Sebelius v. Hobby Lobby) ruled that corporations, on the basis of their religious convictions (yes, the Court decided corporations have those), can exempt themselves from the Affordable Care Act’s relevant articles and refuse to pay for contraceptives in their employee health plans. (Justice Ruth Bader Ginsburg, in her dissent, warned that this was a “decision of startling breadth,” and she was right.) If a case involving a new manifestation of such legislation (say, the Arkansan RFRA) ever lands before the nine-member Roberts Court, its five conservative justices will no doubt adjudicate in favor of the faithful – and against rationalists who hold that religion, in no shape or form, should be allowed to infect our legal system. What is really needed is a federal LGBT shield law, but none exists.
[. . . ]
These days, sadly, with the godly on the legislative march, and the Roberts Court sitting in Washington ready to back them up, we find ourselves facing an unprecedented threat to what remains of our democracy.
Would religious folk, if they succeed in passing laws that empower them to use their faith as a bludgeon, prove restrained in invoking them? After all, Indiana’s governor had his state’s RFRA amended.
Maybe, but don’t count on it.