Bigotry masquerading as freedom and liberty

In the midst of the political discussion of LGBT rights newly energized by Mitt Romney’s high school “high jinks” directed at a classmate suspected of being gay, last night Rachel Maddow noted one of the LBGT-related amendments (Palazzo/Akin) that was offered to the 2013 National Defense Authorization Act in the Armed Services Committee last night, and approved by a 36-25 vote. (committee roll call vote).

Also approved, and gussied up for the occasion in the phrase “rights of conscience,” was U.S. Congressloon Todd Akin’s amendment to HR 4310* requiring

“The Armed Forces shall accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality and may not use such conscience, principles, or beliefs as the basis of any adverse personnel action, discrimination, or denialof promotion, schooling, training, or assignment. Nothing in this subsection precludes disciplinary action for conduct that is proscribed by chapter 47 of this title (the Uniform Code of Military Justice).”

In detail,

No member of the Armed Forces may—

‘‘(A) direct, order, or require a chaplain to perform any duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain, or contrary to the moral principles and religious beliefs of the endorsing faith group of the chaplain; or

‘‘(B) discriminate or take any adverse personnel action against a chaplain, including denial of promotion, schooling, training, or assignment, on the basis of the refusal by the chaplain to comply with a direction, order, or requirement prohibited by subparagraph (A).

[See full text below]

At 2:00 a.m. today, literally in the dead of the night, Akin’s amendment passed, with two Democrats joining the “Aye” column, both North Carolinian’s, Blue Dog Dem. Mike McIntyre, and Larry Kissell. (committee roll call vote).

Mr. Akin released a statement today, proclaiming his opposition to the “liberal agenda,” advanced by President Obama which “has infiltrated our military”

“where servicemembers and chaplains are facing recrimination for their sincerely held moral and religious beliefs. Moral or religious concerns about same-sex marriage or the repeal of Don’t Ask, Don’t Tell have become potentially career-ending. Obama’s use of the military to justify his new support for same-sex marriage will only add fuel to this fire, potentially forcing servicemembers and chaplains to violate their own conscience or face recriminations.

For this reason, I offered an amendment last night to protect the religious liberty of military servicemembers and their chaplains. Our servicemembers are putting their life on the line for our country. We should not respond by limiting their religious freedom. These heroes are fighting to defend the Constitution and our freedom. We cannot allow their Constitutional freedoms to be violated.”

[[Full press release]

Is God On Vacation?

Akin’s religious convictions seem have no bounds in walling off certain of us from religious succor and ritual due to sexual orientation. He’s asserted thes beliefs before. On June 27, 2011, Steve Taylor, Rep. Akin’s spokesman, made a stab at explaining Akin’s assertion to NBC that

“the heart of liberalism really is a hatred for God and a belief that government should replace God.”

Taylor tried this:

“One of the main differences between liberalism and conservative ideology is how basic rights are viewed. One, it’s [Congressman Akin’s] belief that in conservative ideology, our rights come from God and the role of government is to protect those rights. It is his belief that liberalism emphasizes that rights come from government and governments, and not from God.”

Akin refused to revise or soften his remarks: “I don’t think there’s anything to apologize for.”

Lately, Akin and others like him have little trouble framing these issues in liberty terms, in the language of moral conscience. Democrats often seem flummoxed by this. They fear calling the GOP out on their hypocritical use of moral conscience, seemingly afraid to risk appearing averse to “freedom,” to “liberty,” and – Heaven forfend! – to “moral conscience.” Although some view the Akin amendment as a limited attempt to make it more difficult for gay marriages between military personnel, could not Akin’s amendment be used to justify or permit, for example, a military chaplain to deny last rights or communion to a mortally wounded gay or lesbian Catholic soldier on the battlefield? An extreme example, to be sure, nonetheless, the Akin amendment does not provide exceptions, apart from “conduct that is proscribed by chapter 47 of this title (the Uniform Code of Military Justice).” But, more realistically, might it permit denying pastoral counseling to a gay soldier? A suicidal soldier? The possibilities are many, and today, unfortunately, extreme Chaplains exist, particularly in the evangelical community, and they actively supported the Akin amendment and Kansas Congressloon Tom Heulskamp’s H.R.

3828, the Military Religious Freedom Protection Act, for example, within the evangelical-dominated Chaplain Alliance For Relgious Liberty, the Center for Military Readiness, and Focus on the Family.

Indeed, the Pentagon’s November 30, 2010 Report of the Comprehensive Review of the Issues Associated with a Repeal of “Don’t Ask, Don’t Tell” (CRWG) disclosed in stark terms the controversy among military chaplains:

In the course of our review, we heard some chaplains condemn in the strongestpossible terms homosexuality as a sin and an abomination, and inform us that they wouldrefuse to in any way support, comfort, or assist someone they knew to be homosexual. Inequally strong terms, other chaplains, including those who also believe homosexuality isa sin, informed us that “we are all sinners,” and that it is a chaplain’s duty to care for allService members.

FROM: CRWG — “In our view, existing policieson chaplains’ protections and obligations are adequate and strike an appropriate balancebetween protecting a chaplain’s First Amendment freedoms and a chaplain’s duty to care for all. Existing Army and Air Force regulations state that chaplains “will not be requiredto perform a religious role…in worship services, command ceremonies, or other events, if doing so would be in variance with the tenets or practices of their faith.”

At the same time,according to Navy regulations, “chaplains care for all Service members, including thosewho claim no religious faith, facilitate the religious requirements of personnel of all faiths,provide faith-specic ministries, and advise the command.” Overall, it is DoD policy that chaplains “serve a religiously diverse population,” and, to be considered for appointmentas a chaplain, an individual must be “willing to support directly and indirectly the freeexercise of religion by all members of the Military Services, their family members, and otherpersons authorized to be served by the military chaplaincies.”

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As for Heulskamp’s role in this, his HR 3828 is precisely what Akin used to carry Heuloskamp’s bill to the Armed Services Committeee mark-up. Heulskamp released this statement today:

“The passage of the Akin and [the less draconian] Palazzo amendments reflecting our bill is a victory for the religious liberties of our men and women in uniform, particularly our chaplain corps, and I commend Representatives Akin and Pallazo. Our service members deserve protection and freedom to express their sincerely-held religious views. After all, those who have sworn to protect our constitutional rights should have theirs protected as well. I look forward to considering this bill on the floor and to the ultimate implementation of these protections for service men and women.”

Democratic legislators ought to have a field day blasting away at supporters of this cruel, inhuman amendment. Yet, there is little to be heard.

Alarmingly, Akin’s press release brags, even the Chaplain Alliance for Religious Liberty and the Archbishop for Military Services endorsed the Akin amendment.

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All this

Only laws which are general and permanent in nature are codified. Occasionally, legislation is passed but is left uncodified.

FROM: PUBLIC LAW 112–81—DEC. 31, 2011

NATIONAL DEFENSE AUTHORIZATION ACTFOR FISCAL YEAR 2012

SEC. 544. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITHRESPECT TO THE PERFORMANCE OF MARRIAGES.

A military chaplain who, as a matter of conscience or moralprinciple, does not wish to perform a marriage may not be requiredto do so.

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* The Thomas.gov text version of HR 4310 is not yet updated, nor is the Armed Services Committee’s.

Here’s Akin’s amendment, as passed in committee early this morning:

Protection of Conscience Chaplains – Amendment to be offered in committee to HR 4310, the 2013 National Def…

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