Connect with us

Opinions

Hobby Lobby and the war on women

What happened to the separation of church and state?

Published

on

Hobby Lobby, gay news, Washington Blade

Hobby Lobby (Photo by Mike Kalasnik; courtesy Wikimedia Commons)

The Supreme Court continued its war on women with the decision in Sebelius v. Hobby Lobby.

The case was about whether the religious owners of Hobby Lobby stores could determine which contraceptive devices they will include in the health insurance they make available to their employees based on their own religious beliefs rather than on the requirements of the Affordable Care Act, which guarantees access to coverage for all approved FDA contraceptive devices.

Organizations like The Becket Fund for Religious Liberty, a right-wing group supported the owners of the Hobby Lobby stores. They contend they could use their own religious beliefs and transfer those to the business, a corporation closely held by the family, to determine these decisions.

Walter Dellinger, acting solicitor general in the Clinton administration, posited correctly in an op-ed in the Washington Post, that the result of what the owners of Hobby Lobby asked the court to sanction was the ability to, ā€œSelectively deny insurance coverage for contraceptive methods an employer considers sinful effectively making the employer a party to a womanā€™s medical consultations.ā€

Those of us who believe in the separation of church and state had hoped this issue had been decided long ago and that it would be evident that Hobby Lobby violated that separation. But clearly that isnā€™t the case. In its decision, the court held that ā€œclosely held corporations cannot be required to provide contraception coverage.ā€ They went further and held, ā€œThe government has failed to show that the mandate is the least restrictive means of advancing its interest in guaranteeing cost-free access to birth control.ā€ In his concurring opinion Justice Kennedy wrote, ā€œThe government could pay for the coverage itself, so that women receive it.ā€ What the court said is that it is fine for the corporation to discriminate against women and make them figure out another way to get their health coverage.

This decision, following on others such as the denial of a buffer zone at Planned Parenthood sites, makes it even more urgent for those who believe in both womenā€™s rights and the strict separation of church and state to vote in the 2014 mid-term elections and keep the Senate in Democratic hands. The focus must then turn to ensuring that a Democrat is elected president in 2016. It is clear that as long as the right wing controls the Republican Party, their victories will mean the appointment of justices at all levels who donā€™t believe women should control their healthcare or in the clear separation of church and state.

When a corporation with 13,000 employees can justify even some healthcare decisions based solely on the ownersā€™ religious beliefs there is a problem. We need to work to stop our nation from continuing down this path of blurring the separation of church and state even further.

On the positive side, the court did hold that its decision ā€œconcerns only the contraceptive mandate and should not be understood to mean that all insurance mandates, that is for blood transfusions or vaccinations, necessarily fail if they conflict with an employer’s religious beliefs.ā€Ā  It also apparently does not provide a shield for employers who might cloak illegal discrimination as a religious practice such as discrimination against the LGBT community. But this makes it even clearer that this is a decision against womenā€™s rights by five old white men.

What saved this week from being one of total depression for me was being fortunate to have had the opportunity to listen to the final sermon from Pastor Dean Snyder at Foundry United Methodist Church before his retirement. Snyder spoke of Godā€™s love for all people and that we are all equal in his/her eyes. For 12 years, Dean Snyder has been senior pastor at Foundry and with his wife Jane has been a tower of strength standing up for individual rights. Together they have shown a clear understanding of the separation of church and state even when their own denomination disagreed.

He preached that God doesnā€™t discriminate. Snyder practiced his faith and stood with the homeless and poor; the downtrodden and the marginalized. Both he and Jane have been leaders in the movements to ensure that civil law is applied equally to all. Listening to Snyder has been inspirational even though I am not a Methodist. He always made me, as he did everyone with whom he came in contact, feel at home at Foundry and he restored my faith in religion.

For all those who believe in womenā€™s rights and the sanctity of the separation of church and state, the Hobby Lobby case should be a rallying cry to elect candidates at all levels of government who share those beliefs.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Opinions

Vote Democratic or July 4, 2025 will look very different

Bidenā€™s debate performance was bad but the sky is not falling

Published

on

(Washington Blade file photo by Michael Key)

As we celebrate the founding of our country, we must recognize the election on Nov. 5 could dramatically change how our country looks in the future. We can debate whether Joe Biden is the best candidate for Democrats on the ticket, but reality is, whoever the Democratic candidate is, they must defeat Donald Trump. Trump is a racist, sexist, misogynistic, homophobic pig who was found liable for sexual assault and convicted of 34 felonies. A man who spouts lies every time he opens his mouth. A man who uses Hitlerā€™s words, and said he will be a dictator on his first day in office. A man who said he will seek retribution on any opponent, using the Department of Justice and IRS to do his dirty work. 

Yes, President Joe Biden had a disastrous debate, and many pundits are calling for him to step down as the candidate. They are having a field day doing so, because none of them are involved in the process that would follow. None of them mention the two times in recent history, Democratic presidents chose to not run for a second term, Lyndon Johnson and Harry Truman, a Republican won. This time the Republican alternative is the disgusting, evil, Donald Trump. Even the New York Times editorial board, when calling for Biden to step aside as a candidate, wrote, ā€œIf the race comes down to a choice between Mr. Trump and Mr. Biden, the sitting president would be this boardā€™s unequivocal pick. That is how much of a danger Mr. Trump poses.ā€

The simple truth is Biden feels he can win, and wonā€™t step aside. The only person who could convince him to do so, is his wife, Jill Biden, and she has shown she will not do that. She reminds me a little of Nancy Reagan, who protected her husband when he had issues with cognition. 

What all Americans need to understand, is no American president makes decisions on their own, without massive consultation with advisers. They donā€™t meet foreign dignitaries alone, but with advisers. And President Biden has shown he has the most incredible group of advisers around him, maybe with the exception of those who prepared him for this debate. 

I have loads of questions for them. If President Biden had a cold as claimed, why didnā€™t they tell him to begin his first statement of the debate with an apology to the audience. Something like, ā€œI want to take a moment to apologize to the TV audience on how my voice is today, and how it will sound to you. I have a severe cold and will sound raspier, and slower, but of course feeling a little ill would not keep me from being here today.ā€ It could have changed the tenor of the debate. It would not have excused his poor performance, but may have given people a few thoughts in his favor. Then there was the closing two minutes. How is it possible the president wasnā€™t coached on ending the debate with the issues he has said he believes will win for Democrats: abortion, climate change, and saving democracy? The debate prep team kept him cloistered for a week; seems they could be sued for malpractice. 

Again, it was a disastrous debate for President Biden. But then rather than what the pundits are saying, grassroots Democrats are responding with money. The Biden campaign reported Saturday that it raised $27 million on Thursday and Friday. The hour after the debate ended was its best grassroots fundraising hour since Biden kicked off his reelection campaign, per the Hill

So contrary to the all the pundits, the sky is not falling. Yes, there is a lot more work to do than before the debate. But the focus for all Democrats, and all decent people, must be to ensure we donā€™t reelect Trump, because of what he would do to our country. How his election would change us. How if he did what he says, and tries to return all decisions on just about everything, to the states, it is not only women who must be scared. It is Blacks, the LGBTQ+ community, every minority; and young people who will live longest with the results of doing nothing to ameliorate climate change. They should all be very scared.

So happy 4th and hereā€™s to hoping Americans are smart enough to vote correctly, and ensure July 4, 2025 will be just as happy. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

Continue Reading

Opinions

A confused Biden and a deranged Trump

Sad state of affairs after first presidential debate

Published

on

Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

Joe Biden was clearly ready with some facts for this debate, the sad part is he couldnā€™t articulate them. He sounded raspy, and lost track of what he was saying in the first few minutes of the debate. He did get better as the debate progressed but came off sounding and looking like an old man. For those of us hoping he would sound like he did at the State of the Union, or the speech he gave on anti-Semitism, it was a huge disappointment. 

So, where his campaign goes from here is anyoneā€™s guess. Behind the scenes some Democrats are calling for him to step down as the candidate. But that is much more difficult than it seems at this time. And then, will there be a fight for who the candidate will be. Will it automatically be Kamala Harris, or will it be someone else?  So many unanswered questions over the next couple of weeks.

The only positive take-away for Democrats from the debate was how deranged Donald Trump sounded. He refused to deal with any issue, refused to say he would accept the results of this election, refused to acknowledge climate change, or Jan. 6, and kept saying how the states should control the issue of abortion, and womenā€™s health. Every one of these things should be frightening to so many people. It is clear if Trump is elected, we will have a dictator in the White House, who believes Hitler did good things. His election is scary for women, young people, Black Americans, and the LGBTQ community. If states control issues related to any of these groups, they are screwed. 

One of the very few good lines Biden got across was when he said 40 high-level Trump appointees, members of the Cabinet, and his vice president, have refused to endorse him as they know him best. People need to take their word for how bad he will be should he be reelected. Trump kept talking nonsense and it was hard to keep up with the lies. The moderators didnā€™t call him on any of it, but CNN has said before the debate they wouldnā€™t. But then Biden missed so many chances to call him on the garbage he was spouting. I kept hoping he would turn to him and say clearly, ā€œYou canā€™t believe all the BS you are spouting. You sound like a deranged six-year-old and someone who would take our country down the tubes.ā€

Now I accept the fact Biden speaks more slowly and softly. Though after the debate they said he had a cold. He could have said that at the beginning of the debate, if it was true, and explained his voice to the audience. And while we know he has a stutter, it seemed so much worse during the debate than it normally does. Was it nerves, maybe, but difficult nonetheless for him, and for those listening. We must have compassion for anyone with any kind of a disability. Then one had to ask, was he over-prepared for this debate? Was he so scripted he didnā€™t dare say anything off script. When he did, they got into this thing about golf handicaps and both sounded so childish. 

Biden did manage to talk about the things he has done, and the successes of his first administration. There have been many. First bringing the country successfully out of the pandemic. He spoke about unemployment being the lowest it has been in decades, and the more than 15 million jobs created since he took office. He was honest about inflation and the fact that not all the economic successes the country is having are trickling down to every American. He understands that rents are high, and grocery bills are still too high. He made clear he wants to raise taxes on the rich and Trump wants to lower them. He had a plan to ensure Social Security would stay solvent, Trump had nothing as usual. 

Finally, I was surprised that in his two-minute closing, Biden didnā€™t go back to the issues of abortion, climate change, and saving democracy. Did his debate prep team tell him not to? If so, they were wrong. Whether it remains Joe Biden on the ticket, or is someone else, I am 1,000% committed to do everything I can to see Democrats are elected across the board. It is clear to me, and should be to all decent people, electing Donald Trump and his MAGA Republicans, will be the end of our country as we know it today.Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

Continue Reading

Opinions

As fewer anti-LGBTQ bills pass, the fight gets harder

A growing indifference to suffering that is baked into the legal system

Published

on

(Photo by Proxima Studio/Bigstock)

In recent years, advocates have faced an unprecedented avalanche of anti-LGBTQ legislation each spring. In 2024, however, the onslaught seems to have faltered somewhat. While hundreds of anti-LGBTQ bills were once again introduced, as many state legislative sessions draw to a close, fewer bills have been enacted into law.

While that may seem like cause for celebration, itā€™s also cause for concern.

To be sure, the slowdown in anti-LGBTQ legislation is welcome. Beginning in 2020, legislation targeting transgender rights in particular had sailed through state legislatures, with the number and scope of hostile bills increasing each year. Unlike earlier years when one or two prominent anti-LGBTQ bills triggered a national pushback that often chastened lawmakers, hundreds of bills have been introduced during legislative sessions in the last four years, often with little debate or scrutiny, and dozens of them zealously passed into law.

Those bills do real damage when they are enacted, cutting LGBTQ people off from material benefits like health care and domestic violence sheltersrecognition by the state, and equal participation in public life. Even when they fail to become law, they have devastating effects on the mental health of LGBTQ people, throwing their lives into disarray and sapping valuable time and energy from LGBTQ communities. This especially affects children, with more than 90 percent of LGBTQ young people in a recent Trevor Project survey reporting that politics had negatively affected their personal well-being.

But the recent slowdown, far from being a positive signal, may well reflect a growing indifference to the suffering of LGBTQ people that is now baked into the political and legal system. Opponents of LGBTQ rights have normalized hostile rhetoric and enacted draconian laws that seemed unthinkable just a couple of years ago, and even ardent supporters of equality find themselves unsure how they might reverse state laws that unapologetically strip away LGBTQ rights.

If anything, it has become apparent that the damage that has been done since 2020 will most likely reverberate for a generation, and the past year shows that restoring and advancing LGBTQ rights will be a painstaking endeavor.

And one sobering reason for the slowing pace of anti-LGBTQ legislation is that, at this point, many conservative states have already stripped away important rights, particularly for transgender children. As of 2024, half of the states in the U.S. prohibit transgender girls from playing school sports, and half have banned or criminalized at least some forms of medically indicated healthcare.

Put differently, lawmakers arenā€™t targeting some rights this year because theyā€™ve already eviscerated them.

Yet even as the pace of legislation slows, critical rights continue to be stripped away. According to the ACLU, more than 30 anti-LGBTQ bills have been enacted in 2024 ā€” fewer than the 84 enacted in 2023, but still far too many. Among them, Utah and Mississippi restricted transgender people from accessing bathrooms and locker rooms in public schools and other government buildings.

Lawmakers in Ohio overrode the governorā€™s veto to ban transgender children from receiving gender-affirming care or playing sports consistent with their gender identity. South Carolina and Wyoming similarly enacted blanket bans preventing transgender children from accessing gender-affirming care.

Many of the bills that have been introduced this year sought to expand existing anti-LGBTQ legislation in new ways. Alabama, for example, successfully expanded its bathroom ban from K-12 schools to colleges and universities. Even those that didnā€™t pass are in many cases likely to be reintroduced after the 2024 election, particularly if anti-LGBTQ lawmakers increase their showing in state legislatures or if governors who are supportive of LGBTQ rights are no longer positioned to veto hostile legislation.

In many states with anti-LGBTQ legislation, administrative and regulatory agencies are being used to curtail LGBTQ rights even further. Florida offers an instructive example. Even after years of anti-LGBTQ legislation, the Florida Department of Highway Safety and Motor Vehicles took things a step further within its mandate, and decided in 2024 that transgender people could no longer update the gender marker on their driverā€™s licenses. This echoes recent regulatory crackdowns elsewhere in the United States, from the Texas Department of Family and Protective Services investigating parental support for transgender children as child abuse to school boards across the country stripping away lifesaving resources in schools.

And while many believed that courts would provide a bulwark against discriminatory legislation and regulations, in part because of strong Supreme Court precedent to suggest that anti-transgender discrimination is a form of sex discrimination, that has not consistently been the case. Trial courts have largely found in favor of transgender litigants, criticizing the insufficient justification and discriminatory purpose of anti-transgender laws, but some appellate courts have nevertheless allowed the laws to take effect.

Perhaps most alarming, there are advocates and lawmakers who, if in a position to do so, are eager to carry out an even harsher attack on LGBTQ rights. Project 2025, which a group of conservative organizations has drafted as a roadmap for a second Trump administration, promises an even more draconian attack on LGBTQ rights. This would include rolling back existing nondiscrimination protections for LGBTQ people, reinstating the transgender military ban, and codifying state restrictions on transgender rights at the federal level, in addition to limiting recognition of same-sex relationships.

The anti-LGBTQ backlash may be waning in certain respects ā€” but in other ways, it has only just begun. As we celebrate Pride, LGBTQ people and their allies should be mindful of the need to support those communities whose rights are being eroded, invest in transgender rights organizing, demand that lawmakers prioritize LGBTQ rights, and fight for the independent institutions and protections for basic freedoms that are essential to hold power to account.

Ryan Thoreson is a specialist on LGBTQ rights at Human Rights Watch and teaches at the University of Cincinnati College of Law.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular