FRC Blog

American Sniper and the Restoration of Man

by Travis Weber

February 11, 2015

Why has American Sniper struck such a chord with the American public? No doubt in part this is due to the incredible storyline and cinematography, but other factors are certainly at play in such a blockbuster hit. While critics have scrutinized various aspects of Chris Kyle’s story, something within us is still attracted to a man with integrity (that term being defined as consistency between one’s beliefs and actions). As Kyle heads off to war in Iraq, backing-up his fellow countrymen as a sniper, his simple conviction about the importance of defending good against evil—and his willingness to act on that belief—is attractive to the viewer. His skill as a sniper, and record as the all-time crack marksmen in U.S. military history, almost become secondary.

As Owen Strachan notes at the Patheos blog, this movie has “struck a chord” because:

We are in an age that does not want to believe in manhood, at least the traditional kind. Men are not supposed to be strong today. They are not supposed to lead their families. They are not supposed to take ownership of provision for their household. They are not supposed to be fearless. Modern men have had their innate manhood bred out of them.

As a result, many men today don’t want to sacrifice for others. They want to be nice, and liked by everyone, and to win the approval of their peers.”

Against this backdrop, American Sniper is a rather shocking entrée. It presents a simple man who lives by a black-and-white moral code. He is traditional. This is not existential manhood; this is non-existential manhood. Kyle does what he thinks he should do, and does not second-guess himself. He believes that he should use his God-given strength and ability to defend the weak and defeat the wicked. He believes, in fact, that there are wicked people in the world. He is not afraid to say so. He is not afraid to act on this conviction.”

Yet, “Kyle was no wilting flower. He was not a perfect man. He knew this. He was rough around the edges, he sometimes shot off his mouth, and he had a tough time with rules. In other words, he was a classically aggressive man. Our culture wants to anesthetize such men, to stick a tranquilizer in them and dose them up on medication to tame their natural aggression.”

Strachan continues, “[t]his is not what the church advocates, however. The church gives men a vocabulary for their aggression, their innate manliness. It funnels their God-given testosterone in the direction of Christlike self-sacrifice for the good of others (Eph. 5; 1 Tim. 3). It does not seek to tame men, or ask them to become half-men (or half-women). It asks them to channel all their energy and aggression and skill into the greatest cause of all: serving the kingdom of the crucified and risen Christ.”

Moreover, as men lead in this way, it is attractive to women. Strachan notes the presence of a number of young women in the movie theater, presumably excited to see this man in action.

Women are attracted to a man on this journey in which he fights courageously for Christ.

For Christ “was fearless. He was brave. We don’t know how big his shoulders were, or how handsome he was, or how fast he could run. We do know that he laughed in the face of evil, and gave no quarter to his opponents, and did not apologize for claiming that he was the way, the truth, and the life. Even as death took him down, he struck a climactic blow against the kingdom of darkness. He crushed it. He ended the reign of Satan, and began the true reign of the Son of God. Jesus was not a pacifist. He was a conqueror, and he will return to judge the quick and the dead.”

At that point, this “true man, who redeemed us, will lead us into a world where heroes do not die, but live forever with their God.”

Until that time, Chris Kyle’s conviction can help serve as a reminder of what conviction truly means.

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Washington Post Commentator: President Obama’s Prayer Breakfast Remarks “Patronizing in the Extreme”

by Rob Schwarzwalder

February 10, 2015

Eugene Robinson, no social conservative, is a columnist for the Washington Post.  In his op-ed in today’s paper, he offers a thoughtful critique of President Obama’s National Day of Prayer comments about Christians, the Crusades, and slavery.  Titled, “At the prayer breakfast, President Obama struck a patronizing tone,” here are some trenchant excerpts:

… the abolitionist movement grew out of Christian belief and the Christian church. William Wilberforce, the great British activist who spurred the abolition of slavery throughout the empire — and greatly inspired abolitionists in the United States — was a born-again Christian. Long before the Civil War, the religious and moral argument had been won by the anti-slavery side … the civil rights movement never could have triumphed without the Christian churches, both in the South and the North, which served as organizational nodes. The institution led by the Rev. Martin Luther King Jr. was called the Southern Christian Leadership Conference … to compare the depredations of the Islamic State with those of the Crusaders is patronizing in the extreme. Why? Because Muslims are not slow learners who can be held to only a medieval moral standard. Everyone in the world can be expected to know that it is wrong to burn a helpless human being alive, as Islamic State murderers did to a captive Jordanian pilot.”

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The SPLC places Dr. Ben Carson on an “Extremist Watch List”

by Chris Gacek

February 10, 2015

It is becoming more and more clear that the Southern Poverty Law Center (SPLC) jumped the shark a long time ago. More confirmatory evidence was supplied recently when William Jacobson of the Legal Insurrection blog noted in a post last Friday that Dr. Ben Carson, the world-famous neurosurgeon, had been placed on the SPLC’s “Extremist List.”

The absurdity of this should speak for itself, but if it does not I direct you to a very positive profile of Dr. Carson by Fred Barnes that appeared in the Weekly Standard’s Jan. 26, 2015 issue. Barnes has been a political reporter in Washington for decades, and his judgments are moderate and reasonable. Fred Barnes is no ideological or political wild man. That said, he had great praise for Dr. Carson, and it seemed that in coming to these conclusions Barnes had surprised himself about Carson’s competence and organizational skills. There is not even a hint political extremism detected on Carson’s part.

The point is that Fred Barnes and the Weekly Standard are conservative but form part of mainstream Washington sensibilities. Consequently, Carson’s listing by the SPLC appears even more eccentric and politically motivated. The SPLC’s profile lists him as being “Anti-LGBT” which can boil down simply to his having Bible-based objections to same-sex marriage. This is the way the U.K. Daily Mail seems to also size up the situation in its article interviewing Dr. Carson about the SPLC listing.

All in all, Barnes thinks Ben Carson is a long shot. That is clearly true, but he also respects the man’s character and decency. It is a great pity that SPLC’s political agenda makes it impossible to for them to see those qualities even when disagreeing with a person’s political views.

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Data Contradicts Concern of the “PC Police”

by Henry Potrykus

February 4, 2015

NRO’s Katherine Timpf highlights that the “PC police” are worried about unmerited privileges going to those who marry.

In Non-Marriage Reduces U.S. Labor Participation I show that the “Police’s” concern is badly founded, according to federal data: 

During recessions, when corporate budgets are tightest and businesses are failing more frequently, firms do not rid themselves of their more expensive labor, married workers.  Instead, less-expensive singles lose jobs more frequently. 

There can be many reasons for this, but it cannot be that firms losing money decide to lose more just to favor otherwise identical, expensive workers (to whom they will simply pay a premium).  That is absurd.  And, if followed, would at the very least see all those firms replaced by sensible ones.  There have been many recessionary cycles for this to take place.

Modern recessions are a great test of the “PC police’s” hypothesis.  That hypothesis fails.

Marriage is a social good.

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Atlanta Mayor Steps up Disparaging Attacks on Chief Cochran

by Travis Weber

January 29, 2015

Last week, Chief Cochran lodged a complaint (known as a “charge of discrimination”) with the Equal Employment Opportunity Commission (“EEOC”) alleging that the City of Atlanta discriminated against him for his religious beliefs when it fired him after he authored a book on Christianity which mentioned homosexuality.

Information emerging publicly to this point (such as the city’s own admission that no one has even alleged that Chief Cochran ever treated anyone unfairly based on their sexual orientation) reveals the chief’s already-strong case for religious discrimination. Chief Cochran’s allegations in his complaint only bolster his case:

After the complaint was filed, the city quickly released the following statement in response.

Former Chief Cochran filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and declared under penalty of perjury that the statements in the charge are true and correct. Unfortunately, the only truthful portions are his statements about his tenure as Chief and the identity of those in the room with him during two meetings. Everything else is patently false.

The City will respond directly to the EEOC at the appropriate time to inform the agency that instead of “unspecified policies,” Mr. Cochran was informed at the time of his suspension that he had failed to follow the City Code in seeking to engage in an outside income-producing venture. He was also informed that the issue was not the religious nature of his book, but the fact that he was espousing theories about certain groups of people that were in conflict with the City’s policy of inclusiveness. He was further informed that there was an issue with his espousing these beliefs while identifying himself as the Atlanta Fire Chief and while falsely claiming that his job description required him to run the Atlanta Fire Rescue Department on the basis of these beliefs. Finally, Mr. Cochran was informed that distributing the book to members of his command staff in the workplace was improper and sent a message to his staffers that they were expected to embrace his beliefs.

Although Mr. Cochran continues to claim that the City Ethics Officer authorized his publication of the book, that claim is as untruthful today as it was when first uttered. Mr. Cochran was told that the City Code required him to get the approval of the Board of Ethics before publishing his book, something he admits he never did.

Mr. Cochran states in his EEOC charge that he was told his faith influenced his leadership style and that this was the reason for his termination. What he was actually told was that his distribution of a book about his beliefs within his department had caused his employees to question his ability to continue to lead a diverse workforce.

The religious nature of his book is not the reason he is no longer employed by the City of Atlanta. The totality of his conduct—including the way he handled himself during his suspension after he agreed not to make public comments during the investigation—reflected poor judgment and failure to follow clearly defined work protocols.

Mr. Cochran continues to make false statements and accusations, even under penalty of perjury to the EEOC. This is just further proof that he has shown himself to be the wrong person for a leadership role in the City of Atlanta.

The city’s response reveals several things:

  • The fact that the city feels it needs to immediately and publicly respond to this complaint shows that the city is aware of the public importance of this debate. Typically an immediate public response to a legal filing is more general and cursory than the city’s here. Typically specific and targeted responses like the city’s first appear in the legal response. Yet the city is coming out swinging, which shows it realizes that this public debate over Chief Cochran matters. The city’s behavior here is unusual because now these statements can be used against the city if it contradicts them at all in future legal proceedings (this is typically why lawyers don’t want their clients to talk). Perhaps the city realizes it is losing this battle though, and it is scrambling to catch up a diffuse public support for Chief Cochran.
  • The viciousness of the city’s response (accusing Chief Cochran of committing perjury, and the sharpness of the city’s language in disputing him) reveals the nerve that the EEOC complaint touched.
  • The city is very sensitive about this being perceived as religious discrimination, but that’s exactly what it is. Specifically, the city says Chief Cochran’s religion is not at issue, but that his “theories about certain groups of people” are a problem—as if those two can be divided. Aside from the fact that this misrepresents Chief Cochran (he didn’t say anything about “groups of people” but spoke of a variety of sexual conduct that any one or more persons may engage in), the city is trying to parse something which can’t be parsed. The chief’s orthodox and faithful Christian views on sexuality are what inform his views of a variety of sexual conduct, including but not limited to homosexual conduct, which he believes (in concert with historic and orthodox Christian teaching) departs from God’s standard. The city is trying to ignore the fact that faithful Christianity directly informs views on sexuality. When the chief is punished for these views, he’s being punished for his religion. Thus this case has everything to do with religion.

If the city forces Chief Cochran to modify his views of sexuality as part of his discussion of his religion in his book, it is forcing him to deny and suppress the expression of his religion. Whatever the city wants to say, this case is all about religion.

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Tarnishing Freedom in Georgia

by Travis Weber

January 28, 2015

It is reported that down in Georgia, opponents of individual rights and personal freedom are ratcheting up their smear campaign against proposed religious liberty legislation known as the “Preventing Government Overreach on Religious Expression Act,” which is designed to ensure that individuals’ consciences cannot be easily trampled by intrusive government regulation.

A web page titled “Better Georgia” purports to state concerns with the legislation, House Bill 29, but is filled entirely with omissions and misrepresentations regarding H.B. 29 and how religious liberty law actually works. Let’s fact-check some of its ridiculous claims.

Claim:

This bill would open the door to people who would use their religion to opt out of laws from child welfare to discrimination. It would lead to legal chaos over whose religion is more important in the eyes of our courts and lawmakers. The legislation would give criminals who abusetheir children or spouses a new excuse and make it even more difficult for police officers to put abusers behind bars.”

Veracity Level:

False. Child abuse is evil, and no one defends it. However, it is indeed offensive for Better Georgia’s out-of-state backers to imply that religious believers in Georgia are to blame for such abuse. Moreover, no religious freedom laws, including H.B. 29, permit people to “opt out” of child welfare laws, nor do such laws allow people to abuse their children.

Better Georgia had better check its fact-checkers.

The truth is that under H.B. 29, as with any strict scrutiny application to religious claims, an individual first has to prove they have a sincere religious belief, which has been substantially burdened by the government action in question. Only then can the claim move forward. Even then, if the government can show it has compelling interest in burdening the religious practice, and has done so through the least restrictive means, it is allowed to burden the religious exercise in question.

Thus, H.B. 29 does not automatically permit religious claims to win, but does provide a method for sincere conscientious objectors to be protected, while winnowing out those using religion as a pretext to escape application of general laws. This standard has been used in constitutional law for decades, and has been applied to religious claims for over 20 years under the federal Religious Freedom Restoration Act (“RFRA”), without any of the alleged “concerns” and “fears” RFRA opponents point to.

In its 1990 decision Employment Division v. Smith, the Supreme Court significantly restricted free exercise rights, holding that laws infringing on religious exercise did not violate the First Amendment as long as they were neutral and generally applicable. In Smith, an individual sought and was denied unemployment benefits by the State of Oregon because he used peyote—a criminalized, controlled substance—yet he claimed his use of peyote was a religious practice protected by the Free Exercise Clause. The Supreme Court rejected this claim, holding that if a neutral and generally applicable law (such as the uniformly applicable criminal law in this case) happens to infringes on religious practice, such a law does not violate the Free Exercise Clause.

Many rightly saw Smith as a reduction in the protection afforded religious liberty, and the reaction to the Court’s decision was overwhelming. In 1993, a coalition of groups from across the religious and legal spectrum—from the Southern Baptists to the ACLU—came together to urge Congress to pass a law restoring strong protections for free exercise claims. The political support for such a law was also overwhelming, including strong backing from Democratic Congressional leaders such as Senator Ted Kennedy and Representatives Nancy Pelosi, Chuck Schumer, and Jerry Nadler. RFRA was passed unanimously by the U.S. House, 97-3 by the Senate, and signed into law by President Clinton. In over 20 years that the federal RFRA has been in existence, there is been no documented pattern of abuses such as those no claimed by the opponents of H.B. 29. As others have asked, where are these alleged child abusers and discriminators who are supposedly walking away from criminal charges under RFRA? They simply do not exist.

RFRA never was and should not be a partisan issue, as it protects those of all faiths and political persuasions. A review of RFRA and free exercise case law reveals its benefit to everyone from Muslims to Jews, Christians to Santeria adherents, and Native Americans to more obscure sects (among others), as they seek to protect their beliefs and consciences from being burdened by an ever-more intrusive government. Moreover, RFRAs cut across racial and social lines, and apply in a variety of factual scenarios, such as property disputes, restrictions on caring from the homeless, conscience objections to abortion, and restrictions on using controlled substances in religious ceremonies. They are not fact-specific. They are not race-specific. They are not religion-specific. And they are not political party-specific.

Despite this fact, many will attempt to manipulate the clear text of the law for partisan aims. Even a group of law professors writing in opposition to the bill can’t conceal their political agenda. They write:

The Federal RFRA, however, arose in a political context very different from the current one. The Federal RFRA responded directly to the U.S. Supreme Court’s decision in Employment Division v. Smith (1990), which many people perceived as a significant setback in constitutional protection for the religious liberty of vulnerable minority faith groups. The coalition that supported RFRA included Democrats and Republicans, people of all faiths, and groups that cared generally about civil liberties.”

So what these law professors—who might purport to neutrally explain the law and not promote partisan views—openly admit is that they only care about certain religious rights. Moreover, they imply that the people who supported RFRA in 1993 cared about “civil liberties” while those who support it now don’t. The truth is that some of those who supported it then still support it now. Shameful. These professors might as well just admit they are elevating their political preferences over the equal application of a neutral law. In addition, their position purporting high-minded concern that H.B. 29 might “invite” discrimination is contrary to a proper understanding of First Amendment law and its strict scrutiny standard (which RFRA codifies). The Supreme Court has consistently held that First Amendment rights are to be elevated over nondiscrimination principles—in Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (pertaining to free speech) and in Boy Scouts of America v. Dale (pertaining to freedom of association).

Indeed, the text of H.B. 29 itself reveals an open-mindedness and neutrality which is at opposition to such political posturing, and at odds with the narrow-minded, politically-charged misrepresentations being thrown around on the internet by Better Georgia. Before unquestioningly getting on the bandwagon, everyone needs to take a deep breath and look at what actually is going on.

The alleged “incidents” highlighted by these scaremongers at Better Georgia are exactly that—scaremongering. The case of the toddler in Canada who died after severe application of Seventh-day Adventist dietary rules (aside from the issue that this is anything but a “pattern” of behavior) would not be an issue under H.B. 29 or any similar law—the government has the most compelling of interests in preventing deaths of children. The religious liberty claim would therefore flatly fail in that case. Rather than highlighting one scaremongering scenario which occurred in Canada, these purveyors of smear could focus on instances of suppression of religious practice closer to home. Georgians know better, as they recognize the threats illuminated by Fire Chief Kelvin Cochran’s termination due to his religious views.

Indeed, Chief Cochran’s recent firing clearly illustrates the threat to religious expression which is alive and well at home in Georgia. Despite the city’s assertion that Chief Cochran’s religion is not at issue in his termination (while his “discrimination” allegedly is), the city is trying to disconnect two areas—Chief Cochran’s religious beliefs, and human sexuality—which cannot be disconnected. The chief’s orthodox and faithful Christian views on sexuality are what inform his views of a variety of sexual conduct, including but not limited to homosexual conduct, which he believes (in concert with historic and orthodox Christian teaching) departs from God’s standard. The city is trying to ignore the fact that faithful Christianity directly informs views on sexuality. When the chief is punished for these views, he’s being punished for his religion. His case has everything to do with religion, and reveals the hostility to religion present in Atlanta.

Moreover, Better Georgia’s “example” of the Canadian child abuse scenario reveals a deeper issue—sloppy analysis and a lack of critical thinking. Better Georgia links to a story about a religious believer’s alleged child abuse, yet fails to point out that no religious claim was even brought in the case. Of course, the fact that this “example” took place in Canada with its entirely different legal system was lost on the group too. It’s almost as if Better Georgia has scoured the web for any information it can find which links bad things happening with religion. The group certainly has not come up with a legitimate example showing any serious danger of H.B. 29.

Even the group’s touting of an opinion piece by a Georgia district attorney misses the mark. The examples in that piece involve criminal prosecution for child abuse without any discussion of a successful religious defense. Child abuse and other cases involving bodily harm to human beings are prosecuted routinely nationwide every day. These take place in states with laws like H.B. 29. Yet how often have we heard about successful religious freedom defenses to such prosecutions? Why can’t Better Georgia or any of its opponents point to any?

The reason they cannot is that such defenses are not successful. Multiple courts in multiple states have held that preventing child abuse is a compelling government interest. Georgia courts have already held that the state has a compelling interest in the welfare of children. As noted above, under H.B. 29 and similar laws, the government can burden religious beliefs when it has a compelling government interest. In failing to discuss this point while asserting the dangers of H.B. 29, District Attorney Cooke has misrepresented the danger of the bill and needs to revisit his analysis.

Another “case” cited by H.B. 29 opponents is a situation involving parents beating their son to death. According to Better Georgia, these parents might be able to walk away from criminal charges because of H.B. 29. Not only is this an absolute distraction from the issue, but it is an insult to Georgians’ intelligence that they might consider H.B. 29 to legitimately offer a defense to such actions. Better Georgia claims “abusers will be able to hide behind religion in court.” Really? How would they do that under H.B. 29? This group, which is shamefully playing on Georgians’ fears based on cooked-up nonexistent situations, has not pointed to one legitimate explanation of how this scenario would be permitted under the strict scrutiny standard laid out above.

Indeed, Better Georgia does not even highlight any attempted legal defense using a religious freedom claim. The fear that there would be one appears nonexistent. Yet, sadly, this simplistic reduction of how religious freedom law works manipulates human passion and deliberately confuses in order to promote division and hatred of religious people—based entirely on misrepresentations. Better Georgia should be ashamed. Georgia does deserve better.

It’s unclear what Better Georgia is even specifically basing its claims on in these alleged “concerning scenarios.” Perhaps it is looking at language in Section 50-15A-3 to exclude the bill’s application to parental rights regarding “the care and custody of such parent’s minor children.” But any simple reading of this provision reveals that it is stating the area of parental rights as it currently exists is to be left unrestricted by the additional protections of H.B. 29. Therefore, the state will continue to be able to regulate parental rights as it currently does, and this bill does not alter that. Indeed, H.B. 29 notes that these parental rights issues are to be left unrestricted “as provided for under the laws of this state and of the United States.”

Yet the Better Georgia “advocacy” does not stop there. Alas, more fact checking is needed.

Claim:

Georgia House Bill 29 would provide a free pass for business owners who believe homosexuality is a sin to openly deny gay Americans employment or service.”

Veracity Level:

False. Neither H.B. 29 nor other similar laws applying strict scrutiny to claims of religious exercise give anyone a “free pass.” As pointed out above, the religious liberty claim has to go through multiple hurdles before receiving protection under the law. Moreover, the evidence of such “free passes” being permitted is simply nonexistent. A cursory evaluation of how other similar laws have been interpreted reveals no “free passes.” Indeed, it is notable that Better Georgia can’t even cite to one instance of a business owner “openly deny[ing]” such service!

For these same reasons, claims that the Michigan RFRA will “let EMTs refuse to serve gay people” and that the Arizona and Mississippi RFRAs from previous years are “right-to-discriminate” bills are completely misleading. When people are provided with a proper understanding of strict scrutiny’s application to religious claims, they can see that those making these “free pass” arguments are engaged in baseless fabrication.

More fact-checking is needed.

Claim:

A restaurateur could deny service to an out-of-wedlock mother, a cop could refuse to intervene in a domestic dispute if his religion allows for husbands beating their wives, and a hotel chain could refuse to rent rooms to Jews, Hindus or Muslims.”

Veracity Level:

False. Indeed, the opposite is true. The protections in H.B. 29 are the very protections needed to ensure the exercise of all religions—whether Jews, Hindus, or Muslims—is protected. If the smear campaign had cared to accurately represent this point, it would have seen that only this month, the U.S. Supreme Court protected a Muslim inmate’s right to religious practice under the same strict scrutiny standard in RFRA’s cousin—the federal Religious Land Use and Institutionalized Persons Act.

Indeed, H.B. 29 and similar laws protect religious exercise regardless of religion. These laws do NOT discriminate, nor do they discriminate between religions, but protect individual religious claims under the framework explained above. Moreover, they protect religious exercise in a variety of situations—such as the Texas RFRA’s protection of those seeking to feed the homeless—which are not cited in this attempt to incite hatred against religion. Any simple reading of the law will reveal all this. But apparently Better Georgia did not even do that.

RFRA never was and should not become a partisan issue, as it protects those of all faiths and political persuasions. Thankfully, some liberal organizations are willing to more fairly represent it. Aside from what Better Georgia thinks, all Americans of political persuasions and religions who care about individual expression should be supporting H.B. 29. The bill’s text and our own judicial system’s well-grounded history of analyzing religious claims lend support to this conclusion. Meanwhile, Better Georgia’s conclusions have no support whatsoever.

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Auschwitz Liberated 1.27.45

by Robert Morrison

January 27, 2015

The 2001 BBC film Conspiracy can be viewed on YouTube. The film opens servants preparing a great feast in an elegant mansion. Next, we see a snowy scene, looking down upon a forested lakeside villa The date of this gathering is January 20, 1942.

Black cars roll up to the front door of an elegant mansion. Out of those cars step dignified middle-aged European men who appear to be bankers or diplomats. They look sober and occupied in thought in their heavy topcoats and snap-brim fedoras.

Inside, the kitchens, halls, and conference room are being prepared. Tapestries and fine paintings line the walls, richly woven Oriental rugs are rolled out for the distinguished guests.

Liveried servants put out cut flowers—a festive touch for the dead of winter. At first, this film would appear to yet another episode of the popular PBS series Downton Abbey, with maids and butlers and footmen polishing the silver, placing name cards at each seat of the conference table. The best of salmon, meats and cheeses, caviar, wines and liqueurs are provided for the conferees.

A small plane circles above, preparing to land on the lake. On its wings we see Swastikas. This will be no party at a grand English country home. No, this is Wansee, a fashionable district in Berlin. As yet, this section on the outskirts of Hitler’s capital has not suffered bomb damage from nightly air raids by the Royal Air Force.

They are soon followed by an assortment of men in uniform. All the Mercedes have swastika flags. Out of these vehicles steps an assortment of men in military uniforms. Most are trim and fit. These are the notorious SS, the elite Nazi force with the Death’s Head on their high-peaked caps. Others of the conferees are fat and swinish. These are the Nazi party hacks.

British actor Kenneth Branagh, one of that nation’s greatest dramatic stars, plays SS General Reinhard Heydrich. Branagh makes no attempt at a German accent. But within minutes, he is Heydrich.

Slick, blond, affecting a hail-fellow-well-met manner, he moves the meeting along with Teutonic efficiency. Soon, very soon, it becomes clear what these men mean by the “Final Solution to the Jewish Question in Europe.” They are there to plan mass murder of the Jews.

One of the participants, the tall and courtly civilian, Dr. Friedrich Wilhelm Kritzlinger, is the Deputy Chief of the Reich Chancellery. He alone is troubled enough by what he is hearing to get up from the table and walk into the hallway. He comes back into the meeting, pale and shaken.

That we have determined to systematically annihilate all the Jews of Europe—that possibility has been explicitly denied to me by the Führer,” he says, expecting that Hitler’s personal assurances will stop the trains on their way to Auschwitz.

Heydrich does not miss a beat. Smiling benevolently, he says: “And it will continue to be.
Holocaust denial is born in that Wanseekonferenz—the same room in which the mass murders are planned in chilling detail.

We will outfit Auschwitz with “shower rooms.” They victims will be herded into the gas chambers, told they are there for de-lousing. They will be gassed and their bodies burned at the rate of 2500/hour. Sixty thousand innocent men, women, and children will be killed every day at Auschwitz.

Heydrich thanks the Americans—whom it is noted—have just come into the war against Germany. He notes with ironic detachment that American techniques of mass production—the assembly line invented by Henry Ford—will be used to effect genocide.

At 60,000 a day, we will advance the human race in a space of time so short Charles Darwin would be astonished,” says the grinning Heydrich. At his elbow is the ever eager to please SS Lt. Col. Adolf Eichmann. This conference is Eichmann’s project. So will be the Final Solution.

Agreeing grimly is a familiar face. Playing the part of SS Chief, Gen. Heinrich Müller is Brendan Coyle, known now to millions as John Bates, Lord Grantham’s faithful valet in the Downton Abbey series.

As Müller, he unsmilingly repeats Heydrich’s evolutionary message: Charles Darwin would be astonished.

Is there any one of these conferees who doubts that Darwin’s description of all Nature as a struggle for “the survival of the fittest” applies as well to the Nazis’ war on the Jews?

Within months, Heydrich will be known as the Butcher of Prague in Nazi-occupied Czechoslovakia. In June, 1942, Heydrich was assassinated by Czech resistance fighters parachuted in by the British. In reprisal, the entire Czech village of Lidice will be wiped off the face if the earth, even pets.

That leaves Eichmann to carry out the mass murder of the Jews.

All of this ended long ago. Threescore and ten years ago. Surely, the world wants no more of this kind of thing. Surely, the Liberation of Auschwitz on this date in 1945 means that the entire world has pledged “Never Again.”

Today, President Obama is in Riyadh, Saudi Arabia. He joins Saudi rulers who allow no Jews to live in their country. They are in mourning for King Abdullah, who refused to let the U.S. question Madani al-Tayyib in 1998. Al-Tayyib was the finance chief of al Qaeda. He might have helped us unravel the 9/11 plot before it occurred. Abdullah refused the urgent request of then-Vice President Al Gore. Abdullah’s refusal is documented on p. 122 of the 9/11 Commission Report.

Did President Obama know of this refusal to help us when he bowed to King Abdullah in London in 2009? Does he know that the Saudis are funding Islamist extremist throughout the world with their petrodollars?

King Abdullah was only upholding a family tradition in his refusal to help us or to even recognize the possibility of a Jewish state in the Mideast. Abdullah’s father was Abdul Aziz, the founder of Saudi Arabia. Abdul Aziz fathered all the kings of Saudi Arabia until today.

When President Roosevelt met with King Abdul Aziz on February 14, 1945, just a few weeks after the Liberation of Auschwitz, he pleaded with the Arab ruler to agree to let desperate Jews settle in their ancient homeland in Palestine. Nothing doing, the king told the president. But, millions of Jews have been murdered by the Nazis in Poland and Germany, FDR told the king, appealing to his humanitarian instincts.

Then there should be plenty of room in Poland and Germany to settle the remainder of the Jews, the Saudi king told Roosevelt. So much for humanitarian.

From that date until this—seventy years later—the official position of Saudi Arabia and virtually every member of the Arab League is their own translation of the Nazis’ call:

Juden raus. Jews get out! U.S. policy in the Mideast might be more successful and more honorable if we recognized that basic fact.

Appeasement of Hitler did not stop the trains rolling into Auschwitz. Appeasement of Islamists—whether of the Saudi or Iranian stripe—will not stop war or genocide now.

The most admired man in the Muslim majority lands is Hassan Nasrallah. This leader of Hezbollah in Southern Lebanon is armed and paid by Iran. He wants Jews to gather in Israel. But only so it will save him the trouble of “hunting them down.”

Is it any wonder Mr. Obama’s Mideast policy is in shambles?

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What We Owe Winston Churchill-Liberty Itself

by Robert Morrison

January 26, 2015

I’m indebted to my good friend Mark Tooley of the Institute on Religion and Democracy for this excellent reminder of the 50th Anniversary of Winston Churchill’s funeral.

Fifty years ago, a great State Funeral was held in London for Winston Churchill. Britain’s Prime Minister in World War II, Churchill was the man who through the 1930s had been a voice crying in the wilderness against the rise of the Nazis (Nozzies). Then, when appeasement failed to stop Hitler, Churchill arose to fight him. President Kennedy would say: “He martialed the English language and sent it into battle.”

Half a century ago, Winston Churchill was laid to rest in a solemn ceremony in St. Paul’s Cathedral.

The subject of Churchill’s faith—or lack thereof—has been discussed for almost as long as Winston himself has been discussed. And that’s a very long time. He first became famous escaping from a South African prison during the Boer War, just weeks before the year 1900 dawned. Young Churchill hated every minute as a POW and contrived to climb out of a bathroom window and escape. As some would say later, he leaped out of the “Loo” and onto the stage of history.

And what a performance. Winston Churchill’s life was the most documented human life ever lived. When I made that claim to some of our FRC interns several years ago, one of the brighter ones challenged me. What about Prince William? We have even seen his ultra-sound picture. Good point. But we don’t know what William thought about matters—from the age of seven. And we do know that about Winston Churchill.

He died at age 90, seventy years to the day after his famous father had died. His father was Chancellor of the Exchequer in the Conservative Party government of Lord Salisbury. Lord Randolph Churchill had married a stunningly beautiful and sensuous American heiress. (Fans of PBS’s Downton Abbey will be familiar with the plan: British noble, down at the heels financially marries wealthy American beauty and, surprisingly, actually falls in love with her.)

Lord Randolph died in his forties. He may have suffered from tuberculosis of the brain, or, as some have suggested, from syphilis. Winston always expected to die young. Perhaps that accounted for his incredible energy.

During World War II, as Prime Minister, he was famous—or notorious—for sending out memos with red stickers saying “Action this Day” on them. He wanted a full report—on one side of a piece of paper, before sundown. Winston himself always worked two shifts. He would sleep late, work in bed before noon. And then every afternoon take a nap of 1-2 hours. By this method, he could go well into the wee hours of the morning.

He had almost no consideration for his staff. No holidays. No vacations. No breaks at all. He would smile mischievously at 10 or 11 pm and say “I shall need two young ladies tonight.” He meant as typists. He wore them out and roared at them if they ever got something wrong, failed to double-space everything, or dared to ask him to repeat something.

Now, he was forever chewing on a fine Havana cigar and he had a speech impediment. He could not properly pronounce the letter “S.” That, and the fact that he drank alcohol from the moment he awoke in the morning until well after midnight sometimes made it hard to make out what he was saying as he paced back and forth, dictating. His drinking led some to conclude, incorrectly, that he was alcoholic. “I’ve taken more out of whiskey than whiskey has taken out of me,” he said.

Those who knew him best knew that his whiskey and water was very weak. And it was probably true that it fueled his lightning imagination. [Don’t try this at home. The Lord makes only one such in a century!]

Standing atop the Air Ministry in London during an especially heavy bombing raid, Winston looked out on the city in flames. Suddenly and somewhat surprisingly, he turned to his young secretary and asked: “You’re not afraid, are you, Miss Holmes?” No sir, the intrepid young woman answered, “I could never be afraid with you, Sir.”

He had that effect on millions of people. His courage was contagious. After the war, a Polish survivor of the concentration camps said: “We didn’t have bread, but we had Churchill.”

That comment hurts me as an American. I want oppressed people around the world to say that of my President. When Ronald Reagan told the National Association of Evangelicals in 1983 they should not turn a blind eye to the “machinations of an evil empire,” those words rang around the world. Reagan never said the Soviet Union is an evil empire. He let the Communists howl in indignation. He let them scream in protest: “Reagan calls USSR ‘Evil Empire.” He hadn’t. But just like the demons, they knew who he was talking about. And they headlined it in Pravda and Izvestia. That’s how Natan Sharansky and other Jews and Christians in the Gulag found out what Reagan had said. Finally, an American president who gets it!

Churchill always got it. He denounced the Nozzie butchers from the first days. After barking at one of his subordinates, and hurting the young man’s feelings, he felt bad. He actually apologized and said: “I’m only fierce toward one.” It was Hitler.

Why do we keep bringing up leaders like Churchill and Reagan? Because they got it. They understood that regimes that started off persecuting Jews would soon come for the British and the Americans. They gave no encouragement to the appeasers of their day.

When I was young, we learned a song in school: Hail Columbia, the Gem of the Ocean. One of the lines in it is: “Thy banners make tyranny tremble.” Do our banners make tyranny tremble today? Or do they make tyranny comfortable?

President Obama heads the most anti-Israel administration in U.S. history. He has virtually ignored the deaths of tens of thousands of Christians while he bows to cruel Muslim rulers.

He is the leading protector of Iran’s Mullahs in the world. Shocking, but true. He shields Iran’s Mullahs from sanctions, even from the threat of sanctions.

Does anyone believe he would use military force to stop the Number One state-sponsor of terrorism from obtaining a nuclear weapon? He won’t even threaten to use economic sanctions. And he has long since given up any diplomatic sanctions.

Churchill’s weak predecessor, Prime Minister Neville Chamberlain, appeased Hitler only once—disastrously—at Munich. President Obama has appeased the Iranians every day for six years. All of this gravely threatens the cause of liberty throughout the world.

So, today, I thank God for the life and legacy of Winston Churchill. When, at the end of his life, his daughter tried to cheer him up as the weight of age and infirmity quenched his indomitable fire, she said to him: “I owe you what every British man and woman owes you: Liberty itself.”

Millions in Eastern Europe could say that today about the leadership of Ronald Reagan. Who will say that about today’s U.S. leadership? 

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The Supreme Court, prisoner rights, religious liberty, and human dignity

by Travis Weber

January 20, 2015

Today, in Holt v. Hobbs, the Supreme Court issued a unanimous opinion (authored by Justice Alito) holding that the Religious Land Use and Institutionalized Persons Act (“RLIUPA”) provided a Muslim inmate the right to exercise his religion by growing a ½ inch beard.

Like RFRA, RLIUPA applies strict scrutiny to prisoners’ religious rights claims, and provides that the government may not burden prisoners’ religious exercise (even through a law of general applicability) unless the government can show that the burden furthers a compelling government interest by the least restrictive means.

In this case, Gregory Holt, also known as Abdul Maalik Muhammad, wished to grow a ½ inch beard in accordance with his religious beliefs. Prison policy only permitted ¼ inch beards, however, and even then only for medical reasons. The Arkansas Department of Corrections (“DOC”) did not dispute the sincerity of Holt’s belief, or that its regulation burdened this belief.

However, the DOC argued that it had a compelling interest in its policy in order to prevent contraband in the prison, and that it advanced this interest through the least restrictive means.

While the Court agreed that correctional facilities have a compelling interest in eliminating contraband, it disagreed that the DOC’s policy here advanced that interest, noting that not much could be hidden in a ½ inch beard. Additionally, the Court observed that if a ½ inch beard could hide contraband, a prisoner could also hide contraband in his hair (which could be longer than ½ inch). Indeed, contraband could be hidden in longer hair (or in clothing) much more easily. Yet the DOC did not require prisoners to go around with shaved heads or without clothing. The DOC contended that the ½ inch beard requested by Mr. Holt is longer than the ¼ inch beard permitted for medical reasons, but the DOC has failed to show how this ¼ difference would cause a security risk. In addition, the DOC argued that few inmates request medical exemptions, while many would request religious exemptions. But the Court rejected this reasoning because the DOC had not argued that its refusal to allow religious exemptions was based on cost control or for administrative reasons.

While Justice Alito recognized that deference is due to prison officials’ policy decisions because of the unique and dangerous environment in which they operate, he also noted that such officials still must be held to RLUIPA’s statutory requirements. They did not meet those requirements in this case.

Moreover, as the Court noted, even if the DOC could show this compelling interest was advanced by its policy, it was not advancing it via the least restrictive means. For instance, its security concerns could be satisfied by searching Mr. Holt’s beard rather than making him cut it. The DOC already searches all prisoners’ hair and clothing; why couldn’t it search a beard just the same? The DOC argued that guards could be cut by razors while searching a beard, but they could also be cut during searches of hair and clothing. Even assuming that searching a beard is unsafe for guards, the DOC never showed why it could not have Holt run a comb through his beard to search for contraband.

The DOC also argued it could restrict beards because it had a compelling interest in preventing prisoners from disguising their identities, and escaping or avoiding capture. While the Court did not disagree that the DOC has an interest in quickly and efficiently identifying prisoners, the DOC had not shown why it could not take photos of prisoners so they could be identified with and without beards. The DOC also argued that while this method may work with escaped prisoners, photos would be unhelpful in preventing prisoners from quickly shaving and entering restricted areas in prison. Yet the Court was unpersuaded by the DOC’s arguments; in its view, the DOC failed to explain why the photo method would not work when it had worked at other prisons, and failed to show how a prisoner with a ¼ inch beard for medical reasons could not also pose the same security risk as that purportedly posed by Mr. Holt.

The Court observed that while deference to prison officials is justified, blind deference is not. While the DOC is not required to show in every respect why it has not adopted the procedures of other prison systems, its rejection of them without a good reason is persuasive evidence of its failure to meet RLUIPA. The Court made sure to point out that this does not put prisons in an impossible position; they still have reason to restrict religious practices when they are being used to cloak prohibited conduct or abused in a manner which undermines the prison’s compelling interests.

While the Court was unanimous, Justice Ginsburg took the opportunity to write a one-paragraph concurring opinion (which Justice Sotomayor joined) stating she joined the Court’s opinion with the “understanding” that “[u]nlike the exemption this Court approved in Burwell v. Hobby Lobby, … accommodating petitioner’s religious belief in this case would not detrimentally affect others who do not share petitioner’s belief.” This statement likely refers to Justice Ginsburg’s belief that the successful RFRA claim in Hobby Lobby “harmed” women seeking contraceptives, while Mr. Holt’s claim does not. I disagree with Justice Ginsburg on this point, but I’ll reserve that discussion for another time.

Showing some sympathy to prison officials, Justice Sotomayor also wrote a concurring opinion in which she emphasized her understanding that the Court was not repudiating the idea that prison officials’ justifications should be offered some deference; rather, the Court was rightly skeptical of the justifications offered in this case. Indeed, the DOC’s “failure to demonstrate why the less restrictive policies [Mr. Holt] identified in the course of the litigation were insufficient to achieve its compelling interests” was what was ultimately fatal to its case, not the Court’s “independent judgment” of these matters. In addition, “least restrictive means,” in Justice Sotomayor’s opinion, did not mean that government officials need to consider and reject every conceivable alternative to satisfy RLUIPA; rather, they must consider the alternatives posed. In this case, the DOC failed to do that.

The Supreme Court ruled correctly in holding that Mr. Holt’s right to religious exercise under RLUIPA was violated because the DOC could not show it was advancing a compelling government interest, or that it was doing so through the least restrictive means.  RLUIPA clearly sets forth the hurdles the government has to overcome when burdening a prisoner’s religious beliefs, and the DOC failed to meet them here.

But this case is significant for another reason: It affirms our belief that religious liberty is intricately connected to and flows from our inherent human dignity. It cannot be taken away from us, even if we are imprisoned. While prisons have legitimate interests of their own, incarceration does not eliminate the fundamental human right of freedom of religion.

This case is a win for Mr. Holt. But the next time an inmate (perhaps with different beliefs) is facing some other burdensome regulation, he’ll be able to draw support from Mr. Holt’s precedent. In this way, a bulwark of religious liberty protections continues to be built, one component at a time. As it is said, a win for religious liberty for one is a win for religious liberty for all. 

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