Tag: rfra
Companies’ Pro-Equality Rhetoric Belied By Their Campaign Donations

Companies’ Pro-Equality Rhetoric Belied By Their Campaign Donations

Last week, corporate America appeared to take a rare stand on principle. After Indiana Gov. Mike Pence (R) signed a law permitting discrimination on the basis of sexual orientation, various companies expressed outrage and tried to position themselves as bold defenders of social justice.

There was just one little problem: Many of the same companies have been donating to the public officials who have long opposed the effort to outlaw such discrimination. That campaign cash has flowed to those politicians as they have very publicly led the fight against LGBT rights.

Pence provides a perfect example. During his congressional career, he led the GOP’s fight against a federal proposal to extend civil rights protections to LGBT people, arguing that they are not “entitled to the protection of anti-discrimination laws similar to those extended to women and ethnic minorities.” He also supported a ban on same-sex marriage, voted against the repeal of Don’t Ask, Don’t Tell, and argued that legislation to prevent companies from discriminating against gay and lesbian employees would “wage war on the free exercise of religion in the workplace.”

In light of that record, his move as governor to sign Indiana’s so-called “religious freedom” bill permitting discrimination is not surprising. It is instead the culmination of his larger crusade waged over an entire career — one financed by many of the same companies now claiming they are outraged by the governor’s actions.

Take, for instance, Angie’s List. The company’s top executive, William Oesterle, was one of nine CEOs who signed an open letter to Pence demanding he revise the “religious freedom” legislation so that it does not allow discrimination. Oesterle also threatened to cancel plans for a $40 million expansion in Indianapolis if Indiana legislators did not change the law. “It’s very disappointing to us that it passed and was signed by the governor,” Oesterle said in an interview with The Washington Post.

Yet, Pence’s record didn’t stop Oesterle from giving $150,000 to his 2012 gubernatorial campaign.

Similarly, Indianapolis-based pharmaceutical giant Eli Lilly’s CEO signed the letter bashing Pence’s bill, and a company spokesperson declared that “discriminatory legislation is bad for Indiana and for business.” But the company’s political action committee has given Pence’s congressional campaigns $50,200 and his gubernatorial campaign another $21,500. The latter contributions came after Eli Lilly publicly urged lawmakers to pass ENDA over the opposition of Pence and other Republicans.

In all, six of the nine corporate executives who signed the letter criticizing Pence’s legislation represent companies whose CEOs or political action committees donated to Pence while he was campaigning against LGBT rights.

Heather Cronk, co-director of the pro-equality group GetEQUAL, says the disconnect between the companies’ rhetoric and their campaign contributions is an illustrative example of hypocrisy.

“One of the key missing pieces in the conversation around Indiana’s (law) over the past two weeks has been the role of companies now slamming the bill in putting Gov. Pence in office to begin with,” she told International Business Times. “While it has been heartening to see companies defending fairness as a value,” Cronk said, the companies are “having their cake and eating it, too.”

Of course, many of the companies railing on Pence likely gave to him for reasons that had nothing to do with his position on discrimination — a lot of them probably donated because of his support for tax cuts, deregulation and other priorities on corporate America’s economic agenda. But that is hardly a valid excuse absolving those firms of their culpability in helping the fight against equality.

Perhaps more of those companies and others will now appreciate that truism — and better align their campaign donations with their purported anti-discrimination principles.

David Sirota is a senior writer at the International Business Times and the best-selling author of the books Hostile Takeover, The Uprising and Back to Our Future. Email him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com.

AFP Photo/George Frey

Good People Sometimes Back Bad Laws

Good People Sometimes Back Bad Laws

A law in Indiana and a bill in Arkansas making life harder for their gay neighbors have lost their wheels in a surprising smashup. Business interests, usually associated with the conservative cause, lowered the boom on “religious freedom” legislation supported by social conservatives.

But we are not here to discuss the Republican rift between economic and religious conservatives. Today’s mission is to narrow the far wider gap between liberals and social conservatives. It’s to urge liberals holding the fervent belief in the right to same-sex marriage to give the other side a little space to evolve.

Condemning these traditionalists as base bigots is unproductive. Liberals might borrow the sentiment religious conservatives have often applied to homosexuality: Hate the sin, but love the sinner.

Such laws are indeed discriminatory, and nastiness may propel some of their supporters. But many of the backers, though they regard homosexuality as immoral, are not especially hostile toward gay people. Some have been genuinely shocked to hear that they would be considered unkind, unfriendly, and bigoted.

There’s a tendency in our culture to cluster in communities of like-minded people and throw lightning bolts of disapproval over the walls into other like-minded communities. But where possible, persuasion beats condemnation every time.

The train to legalized gay marriage is unstoppable, so let it continue rolling at a comfortable pace. When Massachusetts first permitted same-sex marriage in 2004, pollsters asked that state’s residents whether they defined marriage as something between a man and a woman. A majority said yes.

Most of the respondents’ answers in 2004 reflected not an animosity toward gay people but rather a traditional view of marriage. A poll asking the same question today would undoubtedly find a majority in Massachusetts saying “not necessarily.”

To my gay friends who regard the ability to marry another of the same sex as a basic human right, I hear you. But you must concede that the path for widespread legalization of same-sex marriage — starting in liberal places, such as Massachusetts, and then expanding one state at a time as more Americans became comfortable with the idea — has been quite effective.

To my liberal friends of whatever sexual orientation, you and social conservatives share a few areas of common interest. This is territory you can meet on if you don’t employ a scorched-earth policy every time you disagree.

The environment is one example. The Christian Coalition of America has fought efforts by fossil fuel interests and utilities to slap taxes on solar panels. In explaining its position, the coalition’s president wrote, “We recognize the Biblical mandate to care for God’s creation and protect our children’s future.” Whatever the hearer’s spiritual bent, those words are among the most beautiful statements of the environmentalist creed ever made.

White evangelicals may be more conservative on other issues than the population at large, but 64 percent told pollsters for LifeWay Research that they favor comprehensive immigration reform. Some of their church leaders have been among the most vocal proponents of a humanitarian approach to fixing the immigration laws.

The battle against casinos seems a lost cause, but Christian conservatives have led the good fight. Gambling as a means to raise government revenues is immoral, they say, and one reason is that it fleeces the most economically vulnerable members of the community.

What liberals and religious conservatives share is a belief that many of our most important values can’t be measured in dollars. One can’t paper over these groups’ divergent worldviews. But while their advocates might not expect to embrace very often, they should preserve enough common ground to hold hands once in a while.

Follow Froma Harrop on Twitter @FromaHarrop. She can be reached at fharrop@gmail.com. To find out more about Froma Harrop and read features by other Creators writers and cartoonists, visit the Creators Web page at www.creators.com.

Photo: Beacon Hill in Boston, moments after the Massachusetts Legislature voted to reject a constitutional amendment which would have prohibited same-sex marriage, 2007. (Tim Pierce via Flickr)

Toxic Law: How Corporate Power And ‘Religious Freedom’ Threaten Democracy

Toxic Law: How Corporate Power And ‘Religious Freedom’ Threaten Democracy

Corporations from Apple and Angie’s List to Walmart and Wells Fargo exercised their power last week against laws that give aid and comfort to bigots. But don’t be too quick to praise their actions.

Commendable as these corporate gestures were, they also illustrate how America is morphing from a democratic republic into a state where corporations set the political agenda, thanks to a major mistake by Democrats in Congress. What they did has resulted in Supreme Court decisions that would infuriate the framers of our Constitution.

The framers distrusted the corporate form. And they made plain their concerns about concentrations of economic power and resulting inequality, worrying that this would doom our experiment with self-governance. Surely they would be appalled at the exercise of corporate influence last week. For the companies opposing “religious freedom” laws in Arkansas and Indiana were concerned with human rights only in the context of profit maximization, which is what economic theory says corporations are about.

Where are the corporate actions against police violence? Or unequal enforcement of the tax laws, under which workers get fully taxed and corporations literally profit off the tax laws? Or gender pay discrimination? And when have you heard of corporations objecting to secret settlements in cases adjudicated in the taxpayer-financed courts, especially when those settlements unknowingly put others at risk?

The so-called religious freedom restoration statutes in Arkansas, Indiana and 18 other states reflect a growing misunderstanding of the reasons that American law allows corporations to exist, a misunderstanding that infects a majority on our Supreme Court.

Corporations, which have ancient roots, serve valuable purposes that tend to make all of us better off. We benefit from corporations, but they must be servants, not masters.

Confining corporations to the purposes of limiting liability and creating wealth is central to protecting our liberties, as none other than Adam Smith warned 239 years ago in The Wealth of Nations, the first book to explain market economics and capitalism.

There is no fundamental right to create, own or operate any business entity that is a separate person from its owners and managers. Corporations exist only at the grace of legislators.

But in 21st-century America, corporations are increasingly acquiring the rights of people, which is the product of an unfortunate 1993 law championed by Democrats that now helps bigots assert a Constitutional right to discriminate in the public square.

Concern about corporations and concentrated power that diminishes individual liberties has become increasingly relevant since 2005, when John Glover Roberts Jr. was sworn in as chief justice of the United States.

Roberts and other justices who assert a strong philosophical allegiance to the framers’ views have been expanding corporate power in ways that would shock the consciences of the founders — especially James Madison, the primary author of our Constitution, Thomas Jefferson and John Adams.

In 2010, the Supreme Court ruled that corporations could spend unlimited sums influencing elections in the Citizens United decision. Now, as a practical matter, no one can become a Democratic or Republican nominee for president without the support of corporate America.

And, central to the Arkansas and Indiana legislation, the Supreme Court last year imbued privately held corporations with religious rights in the Hobby Lobby case.

The Roberts court invented all of these rights. Principled conservatives should denounce such decisions as “judicial activism,” yet nary a word of such criticism appears in right-wing columns and opinion magazines.

Today’s corporations have their roots in ancient trusts created to protect widows and orphans who inherited property. Hammurabi’s Code provided for an early version of trusts. Later the Romans created proto-corporations to manage public property and the assets of those appointed to oversee the far realms of the empire.

Managers of these early corporations had very limited authority, what the law calls agency, over the assets entrusted to them. Today, corporate managers have vast powers to buy, sell and deploy the assets they manage. They can do anything that is legal and demonstrates reasonable judgment.

Spending money to elect politicians (or pass anti-consumer laws) is perfectly fine under current law if it advances the profit-making interests of the company. Last week, we saw companies denounce bigotry against LGBTQ people, but of course they did so in terms of protecting their profits.

Walmart, the nation’s largest employer, opposed signing the Arkansas bill into law: “Every day in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve.” Apple CEO Tim Cook said, “America’s business community recognized a long time ago that discrimination, in all its forms, is bad for business.”

But creating efficient vehicles to create wealth by engaging in business does not require political powers, as none other than Supreme Court Justice William Rehnquist noted in a dissent.

Where we have gone furthest astray under the Roberts court is in last year’s Hobby Lobby decision. It imbued privately held corporations with rights under the First Amendment, which says, in part, “Congress shall create no law respecting the establishment of religion or prohibiting the free exercise thereof.” Based on Hobby Lobby, both the Arkansas and Indiana laws were crafted to provide a defense for bigoted actions by businesses.

Yet laws requiring businesses to serve everyone, without regard to their identity, do not inhibit the free exercise of religion. A law that requires a florist or bakery to serve people in same-sex weddings as well as different-sex weddings may trouble the merchant, but it does not inhibit religious activity.

The corporate power on display in the so-called religious freedom restoration cases stems from a Supreme Court case that upheld the doctrine of laws of general applicability.

In 1990, the Supreme Court held that Oregon jobless benefits were properly denied to two Native Americans who worked at a drug rehab facility and who also, as part of their well-established religious practice, ingested peyote, a controlled substance.

Justice Antonin Scalia, who claims to follow the original intent of the Constitution’s drafters, wrote the opinion. He held that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability’” such as denying jobless benefits to drug users.

Scalia cited an 1879 Supreme Court ruling in a test case known as Reynolds in which a Brigham Young associate asserted that federal laws against polygamy interfered with the “free exercise” of the Mormon brand of Christianity.

In that case, as Scalia noted, the high court had rejected the claim that criminal laws against polygamy could not be constitutionally applied to those whose religion commanded the practice. “To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself,” the conservative justice wrote.

Two years later, Congress undid that sound decision with passage of the Religious Freedom Restoration Act, a sloppily crafted bill introduced by then-Rep. Chuck Schumer (D- NY), and championed in the Senate by another Democrat, the late Ted Kennedy (D-MA).

It was this law, undoing Scalia’s sound Supreme Court decision, which enabled corporations to exercise their power for a particular cause that is in their interest, namely ending bigotry. Such actions may be laudable, yet still dangerous.

Corporations are valuable and useful vehicles for creating wealth. But they are not and never should be political and religious actors. As artificial “persons,” they should not be imbued with political or religious rights.

We need to keep corporations in their place. Otherwise, next time, their profit maximization may work against your liberties.

 

Indiana’s Fix To ‘Religious Freedom’ Law Draws Critics On Both Sides

Indiana’s Fix To ‘Religious Freedom’ Law Draws Critics On Both Sides

By Michael Muskal and Matt Pearce, Los Angeles Times (TNS)

INDIANAPOLIS — In a move designed to ease the political and business pressures tightened around Indiana, state lawmakers Thursday presented new legislation designed to answer critics who said the state’s new Religious Freedom Restoration Act allows for discrimination against gays and lesbians.

The proposed amendment states the law cannot be used as a legal defense by those who deny goods and services to customers because of their sexual orientation or gender. It is expected to sail through the Legislature and land on the governor’s desk in time to meet the self-imposed deadline of this week.

Critics of the law immediately said the changes do not go far enough in protecting against discrimination, while proponents said that Indianans’ religious liberties are still threatened.

The state’s Religious Freedom Restoration Act was designed to give persons some protection from lawsuits if they were acting in defense of their religious beliefs. Supporters argued the law was needed to protect religious freedom and was not designed to discriminate against any group.

But critics, including gay rights activists, prominent business leaders, and sports figures, charged that the Indiana law would allow providers to discriminate by denying services to gays and lesbians. At least three states ordered boycotts of travel to Indiana, conventions threatened to move, and the National Collegiate Athletic Association said it was troubled about possible discrimination.

Facing the pressure, Governor Mike Pence on Monday ordered a fix by the end of the week.

The amendment is “a very strong statement to assure that every Hoosier’s right will be protected,” House Speaker Brian Bosma said at a news conference where the new language was unveiled. The law “cannot be used to discriminate against anyone.”

The amendment offers some protection against discrimination based on sexual orientation or gender identity, the first time an Indiana law has addressed the issue. But the amendment stops short of being a separate anti-discrimination law that some critics of the act had sought. Indiana has anti-discrimination laws, but they do not cover cases involving sexual orientation.

Republican leaders said they hoped the national outrage could be “put to bed” with the change and declined to immediately pursue adding lesbians, gays, bisexuals, and transgender people as a protected class, hinting that the issue may be debated next year.

The Human Rights Campaign, a national advocacy group for gays, lesbians, bisexuals, and transgender people, said more battles will come.

“Though this legislation is certainly a step back from the cliff, this fight is not over until every person in Indiana is fully equal under the law,” Chad Griffin, the group’s president, stated. “At the federal level and in all 50 states, the time has come in this country for comprehensive legal non-discrimination protections for LGBT people that cannot be undermined.”

The new proposal, while a concession to liberal and business concerns, was also blasted by proponents of the law. Eric Miller of Advance America, one of the primary supporters of the law, vigorously opposed the proposed legislative change.

Speaking at a legislative committee meeting on Thursday, Miller said he was worried that religious Indianans were having the defense of their religious liberties stripped away and expressed concern that businesses would have to serve “homosexual” weddings against their religious beliefs.

“Hoosier businesses will be less protected,” Miller said, adding, “Nobody should be forced to violate their conscience…absolutely not.”

But the proposed amendment was praised by business and sports leaders.

“The future of Indiana was at stake,” Bart Peterson, a senior vice president at Eli Lilly and former mayor of Indianapolis, said at the news conference. “The healing needs to begin right now.”
The high-tech sector was vocal in its opposition. Apple CEO Tim Cook was a key voice along with the company Salesforce Marketing Cloud, which was an early opponent of the law.

“It was really a grassroots response from our employees,” Scott McCorkle, CEO of Salesforce, told The Los Angeles Times in an interview. “It really lit a fire with me.”

This weekend, Indianapolis will host the NCAA basketball championships and criticism from the sports group was especially telling. In a statement, the group’s president, Mark Emmert, praised the changes.

“We are very pleased the Indiana Legislature is taking action to amend Senate Bill 101 so that it is clear individuals cannot be discriminated against,” he stated. “NCAA core values call for an environment that is inclusive and nondiscriminatory for our student-athletes, membership, fans, staff, and their families. We look forward to the amended bill being passed quickly and signed into law expeditiously by the governor.”

Indiana is also the home of the famed Indianapolis 500, held at the Indianapolis Motor Speedway.

“We care about how people feel when they come here,” Allison Melangton, the former CEO of the city’s 2012 Super Bowl hosting committee and a vice president at the Indianapolis Motor Speedway, said at the news conference. “Today is a significant day.”

Democrats in the conservative Republican state said they were still concerned that the changes didn’t go far enough.

“My instant reaction is, they’ve done nothing with this,” said Representative Dan Forestal (D-IN) in an interview with the Los Angeles Times, adding that the new language only addresses the RFRA law and appears to do nothing to add broader civil rights protections for Indiana LGBT citizens. “Discrimination is alive and well in Indiana, and their efforts have exposed that,” Forestal said. “Once again, they’ve tried to squirm off the hook….They pushed a gay marriage ban for two years in a row, but that failed, and then they tried to push this.”

Indiana was the 20th state to pass such a “religious freedom” law. A similar law is pending in Arkansas, where the Legislature is also seeking a fix after Governor Asa Hutchinson refused to sign the measure and sent it back to lawmakers this week.

“I think it is a great revision,” John Pippa, a professor and former dean at the University of Arkansas at Little Rock law school, said of the Indiana amendment. “It goes a long way to reassure people that the law won’t be used to discriminate.

Pippa also praised a provision that makes it clear that religious organizations and their officials “won’t be forced to do anything against their religion.”

Photo: Gage Skidmore via Flickr