The 3 - May 19, 2019

This week's edition of The 3 includes strong pro-life legislation passed by the Alabama Legislature and signed by the Governor.  And, a bill that claims to promote equality but actually does the opposite and presents a threat to religious freedom has passed the U.S. House.  And, the Texas Senate has passed a bill intended to prevent religious discrimination.

Alabama Legislature passes pro-life bill, signed by governor, awaits court challenge

On Wednesday, Alabama Governor Kay Ivey signed into law the Human Life Protection Act, which criminalizes abortion in almost all circumstances within the state.  The bill, as passed by the Alabama Senate on Tuesday night, contains no exceptions for rape and incest - bill sponsors describe it as a bill that underscores "personhood," in direct contrast to Roe v. Wade, which does not affirm the personhood of the unborn child.

The bill will go into the Federal court system, where the precedent of Roe will cause it to be ruled unconstitutional, and proponents designed the law to present a direct challenge to the U.S. Supreme Court.  There has been plenty of commentary from proponents and opposition.

The center-left website The Atlantic provided analysis of the Alabama bill, as well as Georgia's heartbeat bill that was signed by Gov. Kemp recently.  The article, by Emma Green, who writes on religious issues for the site, stated:

Conservative legislators see themselves as champions of medical science and human rights. In the preamble to their new bill, Alabama legislators write that “medical science has increasingly recognized the humanity of the unborn child,” and point to a number of technological advancements in the past four decades that allow greater understanding of fetal development. They cite the principle laid out in the Declaration of Independence that “all men are created equal”; they claim that their efforts are in the same spirit as the anti-slavery movement, the women’s-suffrage movement, the Nuremberg war-crimes trials, and the civil-rights movement.

The preamble also mentions "the Holocaust, Joseph Stalin’s Soviet gulags, the Rwandan genocide, and other slaughters, arguing that the number of lives taken in those horrific crimes are small compared with the alleged '50 million babies [that] have been aborted in the United States since the Roe decision in 1973.'"

While precedent, as the article points out, is a "powerful legal principle," the high court struck down a precedent.  The article says:

In a decision unrelated to abortion this week, in which the conservative majority overturned a precedent related to states suing other states, Justice Stephen Breyer wrote in his dissent, “Today’s decision can only cause one to wonder which cases the court will overrule next.”

Breyer even makes mention of the abortion-related Casey decision, which, according to the Atlantic, "established specific parameters for the abortion rights laid out in Roe."  I call attention to this article because it could provide some clarity, from a more liberal perspective, to share with those who disagree with the Alabama law and gives some insight into its intent.

U.S. House passes so-called "Equality Act"

On Friday, the U.S. House of Representative passed sweeping civil rights legislation that provides protection from alleged discrimination against people based on "sexual orientation" and "gender identity."  It's called the "Equality Act," but it is certainly misnamed; the Family Research Council states, in no uncertain terms:

Apparently, the party of legal infanticide wasn't radical enough. Now, Speaker Nancy Pelsoi [sic] (D-Calif.) is going for broke. She doesn't just want to treat infants like garbage, but women, freedom, parents, science, employers, and religious organizations too. When 228 members of her party cast their "yes" votes for H.R. 5, they weren't only saying yes to the most extreme piece of LGBT legislation in history -- they were saying no to girls' sports, parents' authority, religious liberty, women's rights, privacy, and the free market.

That paragraph contained a reference to the House's refusal to pass legislation that would protect infants who survive abortion attempts.

A piece on the Alliance Defending Freedom website features a number of revealing quotes about the insidious nature of this legislation.  Here is one example, which deals with the religious freedom issue:

Star Parker, president of the Center for Urban Renewal and Education (CURE), points out that religious freedom goes out the window if the Equality Act is signed into law:

It explicitly defines itself as overriding the Religious Freedom Restoration Act that can protect people, such as Christian baker Jack Phillips, from being forced to do commerce that violates their Christian convictions.

There will be no more legal protections for Christians in commerce or in any other circumstance to enable them to avoid complicity with behavior that for them is sin.

Look it up; the bill actually says this: "The Religious Freedom Restoration Act of 1993 ...shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”

The ADF piece concludes by saying: "Every person should be treated with dignity and respect. And our laws should protect the constitutionally guaranteed freedoms of every citizen, no matter who they are. Unfortunately, coercive SOGI laws like the Equality Act undermine both fairness and freedom for everyone."  Alabama Senator Doug Jones is a co-sponsor of the bill in the U.S. Senate, according to Congress.gov.

Texas Senate approves important religious liberty bill

While the U.S. House was taking a step to reduce religious freedom, the Texas Senate passed an important religious liberty bill. DallasNews.com reported on a bill, sponsored by Sen. Bryan Hughes, which would "prevent any government entity from taking 'adverse actions' against an individual or business for their 'membership in, affiliation with, or contribution, donation or other support to a religious organization.'"

The bill has been nicknamed the "Save Chick-fil-A Bill," which is headed back to the House in the Lone Star State, where it stalled out, due to the efforts of the gay caucus in that chamber, according to the article.  But, it states:

Supporters say the bill would protect the rights of businesses like fast food chain Chick-fil-A, which the San Antonio City Council booted from the local airport after its nonprofit foundation made donations to Christian organizations like the Salvation Army and Fellowship of Christian Athletes.

The bill passed 19-12, and the sponsor stated, "I challenge anyone to find one word of discrimination in this bill. This bill clearly and simply provides that if you affiliate with or make a donation to a religious organization, you cannot be punished by your government," adding, "This protects everyone's right to religious freedom."  Will lightning strike twice in the Texas House, or will there be a concerted effort to overcome the efforts of gay-friendly legislators in order to pass religious liberty protections?

Meanwhile, Attorney General Ken Paxton is investigating the San Antonio situation to see if state laws were broken.  And, Christian legal advocacy organization First Liberty has called for a Federal investigation, having sent a letter to Transportation Secretary Elaine Chao.

UPDATE: The DallasNews.com website reports that the Texas House has passed an amended version of the bill, with a 79-62 vote.  Since it was amended, it will return to the Senate for final approval.