The Tea Party controls the House. Religious extremists run the Supreme Court. We’re approaching a very scary time
Tuesday, Jul 8, 2014
The United States is still a democratic republic, formally, but what that actually means in practice is increasingly in doubt — and the Hobby Lobby ruling, deeply disingenuous and sharply at odds with centuries of Anglo-American law, exemplifies how that formal reality is increasingly mocked in practice. It is a practice best described as neo-feudalism, taking power away from ordinary citizens, in all their pluralistic, idiosyncratic diversity, and handing it over to corporations and religious dictators in both the public and the private realm. The Supreme Court’s actions are not taking place in a vacuum — though they are filling one: As Tea Party Republicans in the House increasingly bring democratic self-government to a halt, contracting the power of we the people to act as a cohesive self-governing whole, the Supreme Court’s conservative majority shifts ever more everyday power into the hands of private dictatorships.
Hobby Lobby handed for-profit corporations religious rights for the first time in history — a radical break with all previous precedent, and yet a part of a recent pattern, as Norm Ornstein rightly pointed out:
[F]or the majority on the Roberts Court, through a series of rulings that favor corporations over labor or other interests, it is clear that corporations are king, superior to individual Americans—with all the special treatment in taxes and protection from legal liability that are unavailable to us individuals, and now all the extra benefits that come with individual citizenship. Call it the new Crony Capitalism.
The expansion of corporate power in Hobby Lobby has gotten too little attention, and I’ll return to discuss this further below. But the advancement of theocracy — religious dictatorship — is even less clearly seen through the fog of right-wing propaganda about “religious liberty.”
First, however, an important highlight of a neglected aspect of the Hobby Lobby case, the fact that Hobby Lobby’s self-professed belief appeared out of nowhere just in time for them to file suit, as Stephanie Mencimer noted in March:
The company admits in its complaint that until it considered filing the suit in 2012, its generous health insurance plan actually covered Plan B and Ella (though not IUDs). The burden of this coverage was apparently so insignificant that God, and Hobby Lobby executives, never noticed it until the mandate became a political issue.
In short, Hobby Lobby’s “deeply held beliefs” claims are transparently bogus — as well as being scientifically invalid, since none of the methods involved are abortifacients, as Hobby Lobby claims. These would not matter if they only guided individual private conduct; that’s precisely what religious freedom actually means. You’re free to be a religious hypocrite, because letting someone else judge your sincerity can lead too easily to real religious tyranny. But when you’re already in a position to tyrannize others — as Hobby Lobby is — that’s a whole different ballgame. The tyrant’s freedom is everyone else’s slavery.
Historically, theocracy meant top-down religiously sanctioned dictatorship, exemplified in Western history by the divine right of kings philosophy. No one reads John Locke’s “First Treatise on Civil Government” anymore, because it is a refutation of the divine right of kings — one might as well read a refutation of four element theory in physics class. Locke’s “Second Treatise” provided a sharply contrasted legitimate foundation for civil government — the social contract and the consent of the governed. This is the air we breathe, and have been breathing ever since America was born.