Wintery Knight

…integrating Christian faith and knowledge in the public square

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.

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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.

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Navy chaplain removed from unit for teaching Biblical views on sex and marriage

This is from the Daily Signal.

Excerpt:

A former Marine and current Navy chaplain has been removed from his unit after sharing the teachings of his faith tradition in private, pastoral settings.

Lt. Cmdr. Wes Modder, a chaplain at the Base Chapel Naval Weapons Station at Joint Base in South Carolina, is an ordained minister with the Assemblies of God.

According to his legal team, a “handful” of individuals complained about his views on issues like atheism, homosexuality and sexual relationships outside of marriage.

According to Military Times, after the complaints, Modder’s commanding officer wrote in a “detachment for cause” letter that states Modder is “unable to function in the diverse and pluralistic environment” of the United States Navy.

It’s such a diverse environment that if you disagree with the secular leftist view of sex and marriage, then you can’t say anything. And we are paying taxes to pay for these people to violate the basic human rights of Christian employees. It’s not just happening to Christian business owners who refuse to celebrate gay marriage, now. It’s just regular Christians workers, too.

More:

His commanding officer has requested that Modder be removed from the promotion list (despite his ranking as “Early Promote,” the highest rating), separated from his unit, and brought before a Board of Inquiry.

The same commanding officer previously wrote in Modder’s fitness report in October of 2014 that Modder was the “best of the best” and recommended him for promotion.

The board could force Modder, who previously served as a Marine in Operations Desert Shield and Desert Storm, out of the Navy. His case is currently under review.

I thought this was useful to see what pressures authentic Christians face as they try to earn the money they ned to provide for their families in an increasingly secular environment:

Mike Berry, the senior counsel and director of military affairs at the Liberty Institute, is handing Modder’s case.

[…]“He’s in a catch-22 between his faith and his career,” said Berry.

Berry said that Modder offered everyone who sought his guidance a “disclaimer” that he was speaking to them as an ordained Christian minister, stressing that Modder offered “spiritual advice” and “Biblical truth” according to his faith tradition in “private” sessions, not merely “unsolicited opinions.”

But after the complaints of a “handful” of individuals, Modder’s future in the Navy is in jeopardy.

[…]Modder is also approaching his 20-year anniversary of military service. If his case is not resolved by Sept. 1, his pension and retirement benefits could also be in jeopardy.

Seems like he was very careful, but that did not protect him from the complaints of a handful of individuals who wanted to get rid of him for disagreeing with them. And of course Modder’s commanding officer has to deal harshly with him, or he will not be promoted. This is the new secular Inquisition.

Now, try to think with me about how many people are teaching their views on sex and marriage, and using taxpayer dollars to do it. Public school teachers, Planned Parenthood… Heck, in Ontario, Canada, the Liberty Party’s sex education curriculum was developed by a convicted child pornographer. And yet Christian chaplains are the ones who have to face discrimination for stating their views.

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Alliance Defending Freedom will defend Atlanta fire chief fired for his Christian faith

This report is from the Daily Signal.

Excerpt:

Former Fire Chief Kelvin Cochran filed today a federal lawsuit against the city of Atlanta and its Mayor Kasim Reed alleging they terminated his employment because of his belief in traditional marriage.

The lawsuit, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, states Cochran’s was fired “solely” because:

…[Cochran] holds religious beliefs concerning same-sex marriage and homosexual conduct that are contrary to the mayor’s and the city’s views on these subjects, and because he expressed those beliefs in the non-work-related, religious book he self-published.

Cochran had been a firefighter since 1981 and was appointed Atlanta’s fire chief in 2008. In 2009, President Obama appointed him as U.S. Fire Administrator for the United States Fire Administration in Washington, D.C. In 2010, he returned to serve as Atlanta’s fire chief.

Cochran is a devout Christian and active in his community as a member of Elizabeth Baptist Church, where he serves as a deacon and teacher.

On Jan. 6, 2015, after writing and self-publishing a book which briefly mentions homosexuality as one among many sexual sins from a Christian perspective, the city of Atlanta and Mayor Reed suspended Cochran without pay, subjected him to “sensitivity training” and ultimately fired him.

Although a city investigation found that Cochran has not discriminated against anyone throughout his career as fire chief of Atlanta, the city still fired him, citing the need for tolerance of diverse views.

“I respect each individual’s right to have their own thoughts, beliefs and opinions, but when you’re a city employee and those thoughts, beliefs and opinions are different from the city’s, you have to check them at the door,” said City Councilman Alex Wan, a leader in the campaign to oust Cochran, to the Atlanta Journal-Constitution in November.

Alliance Defending Freedom, a non-profit legal organization that advocates for the right of people to freely live out their faith, is defending Cochran in his lawsuit against the city and mayor of Atlanta.

Please watch the 5-minute video above. The city councilman Alex Wan is openly gay, by the way.

If you want to help out with Cochran’s legal defense (and this is a case we really, really need to win) then you can go to the Alliance Defending Freedom page here and read more about the case, and donate, if you feel that this is a team you want to partner with. Even if you don’t donate, share the story in social media, because a lot of people need to understand what happens when gay rights activism conflicts with religious liberty. It goes to court, and that’s when Alliance Defending Freedom makes their stand.

Listen. If you are looking to steer your kids into a career that will make a difference, consider trying for an Alliance Defending Freedom lawyer. These guys go to bat for all of us, and if you work your parenting well, you might be able to make a child grow up who will make a difference.

And subscribe to the Alliance Defending Freedom podcast.

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NHS appeals decision allowing midwives to conscientiously object to performing abortions

What happens when you let a secular government take over health care provisioning?

Here is a story from the BBC about the state-run health care system in the UK.

Excerpt:

The UK’s highest court will hear legal arguments on whether midwives have a right to refuse to take any part in abortion procedures on moral grounds.

NHS Greater Glasgow and Clyde appealed to the Supreme Court after judges in Scotland said Roman Catholic midwives had a right to conscientious objection.

[…]Five judges in London will hear the case. A ruling is expected next year.

Ms Doogan, from Garrowhill in Glasgow, and Mrs Wood, from Clarkston in East Renfrewshire, were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow.

[…]This landmark case tests the balance between those whose religious beliefs do not allow them to play any part whatsoever in abortion, and the health authorities’ duty under the law to enable women to have an abortion. Many Christian groups back the midwives’ position.

The midwives’ counsel, Gerry Moynihan QC, told the court in the women’s earlier successful appeal that the law was clear that the right to conscientious objection contained in the Abortion Act was intended to apply to the whole team whose involvement was necessary to achieve the procedure.

If the Supreme Court upholds the midwives’ earlier successful appeal, it could set a legal precedent, allowing other midwives who object to abortion to take the same stance.

The Royal College of Midwives and the women’s charity British Pregnancy Advisory Service have both warned that any such ruling could have severe implications for the care of women choosing to terminate their pregnancy.

The BPAS is the largest abortion provider in the UK. I blogged before about their leader, Ann Furedi, who supports sex-selection abortions. I thought then that sex-selection abortions was the worst thing about abortion, but now I see that she would actually force her moral views on other people, compelling them by the power of government to act against their beliefs. There is something deep inside me that just recoils from making a person do something that they think is morally wrong. But I guess pro-abortion people don’t share my concern.

When I blogged before about these two midwives when they won their appeal case, I wrote this:

If the health care system were private, then it would be easy for midwives to find another company to work for that did not violate their consciences. But when the government runs the whole health care system, where are you supposed to go? They are a monopoly and they make the rules. Yet another reasons for Christians to vote for smaller government. In a free market, if you don’t want to buy something from one store, you can go to another store. There is competition. But where are these nurses supposed to go? They are midwives, and the government and the courts make the rules in a government-run health care system.

This is why we need to keep the government OUT of health care. When you work for a government monopoly, and they want you to do something that you don’t want to do, you have two choices – do what they want or leave the country. If the only health care system is government-run, then if you want to practice health care, you have to leave. That seems unfair to me.

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