{"id":42207,"date":"2018-10-20T17:00:28","date_gmt":"2018-10-20T21:00:28","guid":{"rendered":"http:\/\/admin.patheos.com\/blogs\/slacktivist\/?p=42207"},"modified":"2018-10-20T17:00:28","modified_gmt":"2018-10-20T21:00:28","slug":"a-test-case-to-see-if-religious-liberty-applies-to-anything-other-than-republican-politics","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/slacktivist\/2018\/10\/20\/a-test-case-to-see-if-religious-liberty-applies-to-anything-other-than-republican-politics\/","title":{"rendered":"A test case to see if ‘religious liberty’ applies to anything other than Republican politics"},"content":{"rendered":"\n<\/head>

NPR\u2019s Ryan Lucas offers a good summary of what should be a fascinating legal case: \u201cDeep In The Desert, A Case Pits Immigration Crackdown Against Religious Freedom<\/a>.\u201d<\/p>\n

I say it should<\/em> be a fascinating case. But it probably won\u2019t end up that way. It will, instead, wind up only confirming two things we\u2019ve already seen demonstrated time and time again:<\/p>\n

1.<\/strong> \u201cReligious liberty\u201d no longer refers to the constitutional principle enshrined in the First Amendment. It is a buzzword, a misleading slogan asserting religious privilege exclusive to a particular variety of politically conservative Christian \u2014 which is to say a privilege only for the kinds of Christians who always and only support the Republican Party. Given that the Christian and the Christianity involved in this case is not that specific variety of partisan Republican Christianity, it will not be found to merit the \u201creligious liberty\u201d considerations provided to, for example, the right-wing political views rebranded as religious beliefs by the evangelical owners of Hobby Lobby.<\/p>\n

2.<\/strong> Legal arguments in this case, particularly any eventual Supreme Court ruling, will be retroactively constructed pretenses for a predetermined partisan political result. Republican judges are Republican judges, and will construct whatever arguments they believe will arrive at the outcome favored by their party and its donors. The argumentation and purported legal bases for arriving at that predetermined conclusion will be nothing more than shinola and\/or its rhetorical counterpart.<\/p>\n

These two claims may strike some readers as jaundiced and overly cynical. I hope such readers are right. I would love to see any hint of a shadow of a scrap of evidence that either of those statements is incorrect. I haven\u2019t yet and I do not expect I will.<\/p>\n

Here\u2019s Lucas\u2019 summary from NPR:<\/p>\n

In January, Border Patrol agents walked up to a ramshackle old building on the outskirts of a small town in Arizona\u2019s Sonoran Desert. They found three men.<\/p>\n

Two were Central Americans who had crossed the border illegally. The third was an American \u2014 a university lecturer and humanitarian activist named Scott Warren.<\/p>\n

Warren was arrested and ultimately charged with two federal criminal counts of harboring illegal migrants and one count of conspiracy to harbor and transport them. Warren has pleaded not guilty.<\/p>\n

Warren\u2019s arrest briefly made headlines amid the partisan tug of war over the administration\u2019s immigration policy before fading into the background.<\/p>\n

But his legal team\u2019s decision to stake out part of his defense on religious liberty grounds has made the case a clash between two of Attorney General Jeff Sessions\u2019 top priorities: cracking down on illegal immigration and defending religious liberty.<\/p>\n

One aspect of Warren\u2019s defense is based on the Religious Freedom Restoration Act, also known as RFRA. At root, Warren is saying that his faith compels him to offer assistance to people in dire need, including immigrants.<\/p>\n

\u2026\u00a0In recent years, Christian evangelical groups have used [RFRA] to advance their causes.<\/p>\n

In one prominent case, Hobby Lobby, a for-profit chain of arts and crafts stores, opposed \u2014 on religious grounds \u2014 providing its employees with health insurance that includes contraceptive services, as required under the Affordable Care Act. The Supreme Court\u00a0ruled in Hobby Lobby\u2019s favor.<\/p><\/blockquote>\n

The Hobby Lobby case was remarkable, in part, because it involved a claim by white evangelical Christians that opposition to contraception was an essential aspect of white evangelical Christianity. That was a strikingly odd claim, as this newfound religious belief had never previously been a part of evangelical Protestant belief or practice. Hobby Lobby\u2019s religious innovation was no less startling than if a white evangelical group had sued on the basis of some evangelical Protestant doctrine of transubstantiation or papal infallibility.<\/p>\n

\"\"
Who will stand up to protect Christians\u2019 religious liberty and their firm conviction that their religion compels them to hang Quakers on Boston Common? Jeff Sessions will!<\/figcaption><\/figure>\n

The courts, however, do not like being put in the position of having to judge the sectarian legitimacy of sectarian claims. They prefer to bracket any concerns about the novelty of a religious believer\u2019s unorthodox views and to focus, instead, on the sincerity<\/em> of their purported beliefs. Hobby Lobby\u2019s claimed religious beliefs were neither biologically sensible nor an established part of their purported religious tradition, but the courts ignored that, concluding none of that mattered so long as those religious beliefs were sincerely held<\/em>.<\/p>\n

That\u2019s an understandable move, and a prudent-seeming one to avoid entangling the courts in sorting out sectarian doctrinal issues beyond their jurisdiction and competence. But it\u2019s not so easy as that. Self-serving novelty and newly invented idiosyncratic breaks from tradition, after all, are strongly suggestive that a given belief is not<\/em> sincere.<\/p>\n

This is something courts have recognized in other contexts, such as religious claims of conscientious objection from the military draft. A lifelong Quaker or Mennonite is acknowledged to belong to a historic \u201cpeace church,\u201d and to sincerely hold that tradition\u2019s sectarian belief in pacifism. But a Catholic or Lutheran or Latter Day Saint who also claims to be a pacifist for religious reasons would have to work much harder to demonstrate the sincerity of their belief because \u2014 like Hobby Lobby\u2019s purported anti-contraception dogma \u2014 that tenet has not previously been understood to be part of their faith tradition.<\/p>\n

All of which is to say that Scott Warren has a far stronger claim as to the sincerity of his religious beliefs than Hobby Lobby did. He has a far stronger claim to such devout sincerity than any of the no-cakes-for-gays bakers or florists, too. This is true for two reasons, due to both his own personal conviction as long-demonstrated by his words and actions, and to the long-established history of the belief he is claiming as an essential, orthodox, mandatory<\/em> aspect of Christianity. Warren\u2019s actions on behalf of immigrants are in accord with the most-repeated commandment of the Hebrew scriptures and with the very founding of Christianity at Pentecost in the New Testament.<\/p>\n

The sincerity of his religious conviction is undeniable. The legitimacy of this belief as an established, intrinsically sectarian requirement<\/em> is undeniable. This is a far-stronger religious liberty claim than any of the various successful such claims upheld by the courts in recent years.<\/p>\n

But that won\u2019t matter. Because it\u2019s not an exclusively partisan Republican religious claim. And exclusively partisan Republican judges have made it clear that they will not and cannot recognize the legitimacy of any other form of \u201creligion.\u201d<\/p>\n

Part of how they get away with that is a sleazy bit of rhetorical sleight-of-hand. Warren\u2019s religious advocacy on behalf of immigrants will be characterized as \u201cprogressive,\u201d and thereby contrasted with \u201cconservative\u201d religious activism. But those terms are backwards and upside-down. They are political designations that are misleadingly being used to obscure centuries of documented religious history. New and outlandishly creative breaks from orthodoxy and tradition that line up with conservative politics are branded as \u201cconservative religion.\u201d Millennia-old doctrines and practices that seem more akin to progressive politics are branded as \u201cliberal.\u201d The implication intended there is that these supposedly \u201cliberal\u201d religious views involved some illegitimate break with tradition, even though that\u2019s absolutely not the case.<\/p>\n

This is a trick that we\u2019ve seen Tim LaHaye perform again and again during our survey of the World\u2019s Worst Books<\/a>. LaHaye\u2019s distinction between illegitimate, nominal Christians and what he regards as Real, True Christians similarly inverts orthodoxy and heterodoxy. For LaHaye, Real, True Christianity began in 1912, with the publication of the Scofield Bible. Any alleged Christian who believes what all<\/em> Christians believed before then is just some liberal phony poser who will be left behind when Jesus comes back in 1999<\/del>, in 2009<\/del>, in 2019. The RTCs, the true \u201cconservatives,\u201d are those who abandoned all prior belief in exchange for the newly invented premillennial dispensationalism favored by LaHaye.<\/p>\n

It\u2019s very, very strange to adopt a conservative\/liberal framework that dismisses all the saints, believers, and theologians of 19 centuries as illegitimate \u201cliberals.\u201d But LaHaye was able to pull that trick off because he was politically<\/em> ultra-right wing \u2014 a John Birch Society true believer ten steps to the right of Barry Goldwater. Those political views led others to accept his self-proclaimed identity as a \u201cconservative Christian,\u201d thereby reinforcing his redefinition of real, true Christianity as political conservatism and Rapture mania.<\/p>\n

One more bitter irony in this case, from Lucas\u2019 report:<\/p>\n

Warren, who worked as an instructor at Arizona State University, volunteered with a humanitarian organization called No More Deaths. The group aims to save lives in the U.S.-Mexico borderlands, where people frequently die as they try to cross the desert during the journey north.<\/p>\n

To that end, volunteers for the group hike into the scrubland and leave food, water and other supplies. They also provide emergency first aid to people they find in distress.<\/p><\/blockquote>\n

The fierce political opponents of No More Deaths and their millions of supporters who are packing courts with judges certain to criminalize the work and existence of groups like No More Deaths have a name for themselves. They call themselves \u201cpro-life.\u201d That, too, is a purported religious belief that is neither sincere nor orthodox.<\/p>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"

Scott Warren has a far-stronger religious liberty claim than any of the various successful such claims upheld by the courts in recent years. 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A former managing editor of Prism magazine, Fred worked in the parachurch nonprofit world for a decade and then for a decade in the newspaper biz. He began blogging in 2002. In 2003 he began writing a review of the best-selling Left Behind series. Eight years later he still hasn\u2019t finished reviewing the second book of that series and the experience has left him a broken shell of a man. Fred knows the difference between the possessive \u201cits\u201d and the contraction \u201cit\u2019s,\u201d and he is acutely bothered when others mistakenly confuse the two, yet he himself just kind of instinctively types the apostrophe whether or not it belongs there. Some feel this is his greatest hypocrisy, but those who know him better know better. He\u2019s guilty of much greater hypocrisies. Jesus loves Fred far more than Fred loves Jesus, but he at least has the decency to recognize the unfairness of that lopsided relationship and he has long wished that he were better at maybe kind of sort of doing something more to correct that some day. A Baptist, an amateur, a Gen-Xer, a Gemini and a Mets fan, Fred lives in Southeastern Pennsylvania with his wife and two teenage daughters. You can reach him via email at slacktivist at hotmail dot com.\",\"url\":\"https:\/\/www.patheos.com\/blogs\/slacktivist\/author\/fredclark1\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"A test case to see if 'religious liberty' applies to anything other than Republican politics","description":"Scott Warren has a far-stronger religious liberty claim than any of the various successful such claims upheld by the courts in recent years. 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A former managing editor of Prism magazine, Fred worked in the parachurch nonprofit world for a decade and then for a decade in the newspaper biz. He began blogging in 2002. In 2003 he began writing a review of the best-selling Left Behind series. Eight years later he still hasn\u2019t finished reviewing the second book of that series and the experience has left him a broken shell of a man. Fred knows the difference between the possessive \u201cits\u201d and the contraction \u201cit\u2019s,\u201d and he is acutely bothered when others mistakenly confuse the two, yet he himself just kind of instinctively types the apostrophe whether or not it belongs there. Some feel this is his greatest hypocrisy, but those who know him better know better. He\u2019s guilty of much greater hypocrisies. Jesus loves Fred far more than Fred loves Jesus, but he at least has the decency to recognize the unfairness of that lopsided relationship and he has long wished that he were better at maybe kind of sort of doing something more to correct that some day. A Baptist, an amateur, a Gen-Xer, a Gemini and a Mets fan, Fred lives in Southeastern Pennsylvania with his wife and two teenage daughters. You can reach him via email at slacktivist at hotmail dot com.","url":"https:\/\/www.patheos.com\/blogs\/slacktivist\/author\/fredclark1\/"}]}},"_links":{"self":[{"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/posts\/42207","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/users\/141"}],"replies":[{"embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/comments?post=42207"}],"version-history":[{"count":0,"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/posts\/42207\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/media?parent=42207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/categories?post=42207"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.patheos.com\/blogs\/slacktivist\/wp-json\/wp\/v2\/tags?post=42207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}