Daily Archives: February 17, 2017

To see how little is left of one of our most important rights, the freedom of association, look no further than to todays unanimous decision by the Washington State Supreme Court upholding a lower courts ruling that florist Baronelle Stutzman was guilty of violating the Washington Law Against Discrimination (WLAD) when she declined, on religious grounds, to provide floral arrangements for one of her regular customers same-sex wedding. The lower court had found Stutzman personally liable and had awarded the plaintiffs permanent injunctive relief, actual monetary damages, attorneys fees, and costs.

This breathtaking part of the Supreme Courts conclusion is worth quoting in full:

We also hold that the WLAD may be enforced against Stutzman because it does not infringe any constitutional protection. As applied in this case, the WLAD does not compel speech or association. And assuming that it substantially burdens Stutzmans religious free exercise, the WLAD does not violate her right to religious free exercise under either the First Amendment or article I, section 11 because it is a neutral, generally applicable law that serves our state governments compelling interest in eradicating discrimination in public accommodations.

We have here yet another striking example of how modern state statutory anti-discrimination law has come to trump a host of federal constitutional rights, including speech, association, and religious free exercise. Its not too much to say that the Constitutions Faustian accommodation of slavery is today consuming the Constitution itself.

Consider simply the freedom of association right. That liberty in a free society ensures the right of private parties to associate, as against third parties, and the right not to associate as wellthat is, the right to discriminate for any reason, good or bad, or no reason at all. The exceptions at common law were for monopolies and common carriers. And if you held your business as open to the public you generally had to honor that, though you still could negotiate over services.

Slavery, of course, was a flat-out violation of freedom of associationindeed, it was the very essence of forced association. But Jim Crow was little better since it amounted to forced dis-association. It was finally ended, legally, by the 1964 Civil Rights Act. But that Act prohibited not simply public but private discrimination as well in a range of contexts and on a range of grounds, both of which have expanded over the years. The prohibition of private discrimination was probably necessary at the time to break the back of institutionalized racism in the South, but its legacy has brought us to todays decision, where florists, bakers, caterers, and even religious organizations can be forced to participate in events that offend their religious beliefs.

Courts havent yet compelled pastors to officiate at ceremonies that are inconsistent with their beliefs, but we have heard calls for eliminating the tax-exempt status of their institutions. Such is the wrath of the crowd that wants our every act to be circumscribed by lawtheir law, of course. And theyre prepared, as here, to force their association on unwilling parties even when there are plenty of other businesses anxious to serve them. As I concluded a Wall Street Journal piece on this subject a while ago:

No one enjoys the sting of discrimination or rejection. But neither does anyone like to be forced into uncomfortable situations, especially those that offend deeply held religious beliefs. In the end, who here is forcing whom? A society that cannot tolerate differing viewsand respect the live-and-let-live principlewill not long be free.

Amen.

More:

Freedom of Association Takes Another Hit - Cato Institute (blog)

(WTNH) For slaves seeking freedom, it was a race against time.

Canada ended slavery in 1833 so Canada was kind of like the promised land for a fugitive, said Todd Levine, the Connecticut Freedom Trail.

The home of Uriel Tuttle in Torrington was a welcome safe haven on that journey of the Underground Railroad. The house was built around 1800. Tuttle opened his doors to escaped slaves and was dedicated to the abolitionist cause. At that time, helping slaves was illegal.

It became very dangerous for a family to become an underground railroad station, said Levine.

You could face up to six months in jail and up to $1,000 fine, which was a fortune back then. Hiding away runaway slaves wasnt always as covert and secretive as many people may think.

Another misconception is things like hidden tunnels, secret compartmentsthey do exist in some places, but generally the way the traveling slaves got to safe houses was traveling by night either by foot, wagon, horse or boat, said Levine.

They would likely walk right through the front door and then hide in the attic during the day.

Fugitive slaves were generally young men alone, not families. Generally, one single guy trying to make his way, said Levine.

Some slaves fought for their freedom in a different way hand to hand combat. Slaves on the ship, Amistad, used this technique.

South Africans were kidnapped and taken from their home and sold into slavery. They were on their way to a Cuban plantation when they rose up and took control of their vessel and tried to make their way back home, said Levine.

The ship ended up in New London, but the trial made it all the way to the Supreme Court, with many heroes stepping up along the way.

John Quincy Adams, former president, who came out of retirement to argue successfully that all men are created equal, said Levine.

Other heroes like Samuel and Catherine Deming who lived in Farmington in a house that is now part of Miss Porters School, were a beacon of hope for the Mendis and all slaves seeking freedom.

For the Underground Railroad, Farmington became Grand Central Station, said Levine.

After the Mendi slaves won their freedom, the Demings provided a place to stay.

What Deming did was building dormitories for them on his land in one of his buildings so that the Mendis could have a place to stay and learn, said Levine.

Other residents of Farmington rose up in support as well.

The whole town of Farmington came together including the municipality, in order to send these guys back home, said Levine.

Along the Freedom Trail to Norwich was the birthplace of David Ruggles. He was a free black man who is said to have helped over 600 slaves.

We do know a little bit about some of the folks he helped to rescue from slavery. One of them was Frederick Douglass, said Dale Plummer, City of Norwich Historian.

What we have learned is that folks in this community and others across the state really took a stand. Doing so back then was considered controversial.

Some very powerful people in the anti-slavery movement came from Connecticut, said Plummer.

They took courageous action toward protecting freedom and human dignity.

These are the stories of the freedom trail. These are the stories of overcoming impossible odds to gain their freedom, said Levine.

Click here for information on the number of Underground Railroad sites all around the state.

Like Loading...

See more here:

Hidden History: Connecticut Freedom Trail - WTNH Connecticut News (press release)

Deborah Drennan, Executive Director, Freedom House, speaks of the center on Tuesday February 14, 2017 and it's mission to help clients from around the world.(Photo: Max Ortiz / The Detroit News)Buy Photo

The first knock came two Sundays ago at Freedom House, and the second on Tuesday night. The desperate refugees standing on the porch heard something no one ever had before:

Sorry. Theres no money to help you.

Freedom House has been helping the helpless since 1983 asylum-seekers whove been beaten or tortured or raped or threatened in their home countries, or knew they were next in line.

Now Freedom House itself is in jeopardy. A change in priorities in recent years at the Department of Housing and Urban Development will cut more than half of the one-of-a-kind shelters annual budget as of March 31.

Pending an appeal to HUD, said executive director Deborah Drennan and pending an increasingly urgent appeal for help locally Freedom House will have to start shedding staff and eliminating some of the services that make it a one-stop portal to the American way.

Worst case, said Drennan, no funds come in and we have to close. Corollary to the worst case: The job is farmed out piecemeal to less specific and encompassing agencies, and the moral and social compass of the city of Detroit shifts.

In a contentious time for anything related to immigration and refugees, the 42 current residents of the former convent in Southwest Detroit are increasingly wary, she said. In halting English, a West African resident names and nations are blurred for the sake of security said hes worried about his future, where six months ago when he arrived he was only hopeful.

But the threat to Freedom House stems from the previous administration, not the current one, and from the nature of its mission.

Founded by Roman Catholic activists, Freedom House first assisted Central Americans who had fled death squads during El Salvadors civil war. Now most in search of asylum come from sub-Saharan Africa or the Middle East.

Unlike refugees hoping to emigrate to the U.S., asylum seekers have already obtained visas. Having found their way to the big brick residence near the Ambassador Bridge, they are offered room and board, legal help, counseling, language classes, job training and anything else that smooths the path to asylum status, productivity and potential citizenship.

Freedom House, represented here by Deborah Drennan, has been helping asylum-seekers since 1983.(Photo: Max Ortiz / The Detroit News)

Ultimately, Drennan said, 86 percent of them are granted political asylum and 93 percent of them wind up in permanent independent housing. But by definition, Freedom House is transitional and transitional housing, said executive director Tasha Gray of the Homeless Action Network of Detroit (HAND), is not a priority nationwide.

HAND is the supervising agency in Detroit, Hamtramck and Highland Park for Continuum of Care funds from HUD. In short, it helps coordinate the local efforts that help the homeless, and manages a single, comprehensive collection of grant applications that most recently requested $24.6 million for 53 projects.

In its campaign to end homelessness, Gray said, HUD favors the approaches that are the most statistically successful permanent supportive housing for the disabled or mentally ill, and swift re-housing for those whose homelessness is caused by a hardship or calamity.

The priorities to HUD are families, youth, and chronic homeless individuals, she said. I would say asylum seekers are not fitting in those categories.

Freedom House requested $390,841, similar to what its been awarded before and substantial in a budget of about $750,000.

Along with three other pitches for transitional programs, including one from COTS for victims of domestic abuse, it was rejected.

Freedom House appealed the decision, and if theres a ray of hope, its that no word has come back from HUD. Appeals from the other three local agencies, Gray said, were swiftly denied.

Cass Community Social Services of Detroit had four projects approved, but lost out on its safe haven program for the chronic mentally ill. Numbers dont always tell the full story, said executive director Faith Fowler, either for her effort or for Freedom House.

Its in the right area with good, compassionate people. Its a good program, Fowler said. Theyve been doing good work with a shoestring budget for a long time.

Drennan, 61, set out to be a nun and wound up building a career in hands-on nonprofits. Shes in her 11th year in a building with resident-crafted artworks of maps and peace signs.

In the past decade, said program director T.J. Rogers, Freedom House has helped 1,394 people from 74 countries. All of them come with a story and none of the stories are joyous.

When youre tortured, Drennan said, thats a very intimate thing to share. Can you imagine?

But the residents tend to bond, and sometimes Drennan likes to stop halfway down the stairs and just listen to the happiness the laughter, the songs, the shrieks of the 2-year-old twins who arent even the youngest residents this month.

Many of the residents hold college degrees or even doctorates, she said; the educated are often the greatest threats to repressive governments. Some have left Freedom House and become nurses. Others are now employers.

Drennan has seen fresh scars and heard the midnight wails from internal ones. She has helped people who knew about Freedom House before they left Cameroon or Chad, and had others referred by strangers at distant airports who had compassion and Google.

One woman was simply dropped at the door by a Metro Airport custodian whod seen her sitting at a boarding gate in the late hours, sipping water from her plastic bottle. He wouldnt give his name or take money.

Im just doing what anybody would do, he said and what Drennan hopes to keep doing, as long as she can keep the doors open.

Freedom House accepts donations at freedomhousedetroit.org. The woman residents call Mom Deb has been conferring with city council members and spreading the word as best she can.

To this point, the collection plate holds about $16,000. Theres a long way to go, she conceded, but shes surrounded by people who came a long way already.

nrubin@detroitnews.com

Twitter: @nealrubin_dn

Read or Share this story: http://detne.ws/2lRsmwA

Continued here:

Rubin: Detroit's Freedom House may close - The Detroit News

Detroit's Freedom House has lost its federal funding for the first time in more than 20 years. And it may have to shut down or substantially reduce its services.

Freedom House provides transitional housing and comprehensive services under one roof to asylum seekers who are fleeing persecution, rape and torture in their home countries.

Executive Director Deborah Drennansaid the U.S. Department of Housing and Urban Development denied Freedom House's grant application in December, and Freedom House has appealed the decision.

She said the amount requested, around $392,000, represents about 60% of Freedom House's total budget.

"The decision came to us as quite a shock with only three months notice," said Brennan.

Brennan said HUD has shifted priorities from transitional housing to permanent housing, but that shouldn't have counted against Freedom House's application.

"We meet HUD's criteria in outcomes," said Brennan. "Freedom House this past year had 94% of our residents who exited into permanent, stable housing without subsidies."

Drennan said the possibility of Freedom House's closing is causing great stress to its residents.

"Human life is at stake here," said Drennan. "People who don't have access to legal aid or housing, they become at risk for homelessness. They become at risk for being victims of human trafficking."

Drennansaid if asylum seekers are homeless, it is more likely they may be deported back to the countries they fled where they likely will be persecuted or even killed.

Freedom House has been helping asylum seekers since 1983. In the 1980s many of its residents were from El Salvador. Now the vast majority are from sub-Saharan Africa.

Read the original:

Detroit's Freedom House may have to close - Michigan Radio

RICHMOND, Va. Democratic officials and the American Civil Liberties Union blasted Republican senators after they passed a religious freedom bill that would protect people who refuse to marry same-gender couples.

HB 2025, sponsored by Del. Nicholas Freitas, R-Culpeper, cleared the Senate on Thursday on a party-line vote of 21-19. The bill protects organizations and their employees who refuse to participate in the solemnization of marriage based on a sincerely held religious belief.

Freitas said the legislation was a response to Democratic Gov. Terry McAuliffes executive order that prohibits state contractors from discriminating based on sexual orientation.

This is simply about preventing the government from punishing a religious organization because it doesnt fit with a current governor or anyone elses interpretation of social standards, Freitas said when introducing the bill in committee.

The bill would protect a religious organization from losing a state contract or its tax-exempt status because of the groups beliefs regarding marriage. It also would protect individuals from losing state employment, grants or acceptance into a public university if they refuse to participate in the marriage of a same-sex couple.

Democrats, who unanimously voted against the measure, contended it would sanction discrimination against gay and lesbian couples. On Tuesday, Lt. Gov. Ralph Northam celebrated the third anniversary of a federal court ruling in the Bostic v. Rainey case legalizing same-sex marriage.

On Thursday, Northam, who is seeking the Democratic nomination for governor, criticized the Senate for approving HB 2025.

We cannot go backwards. We need to continue to be open and welcoming to all, no matter who you are or who you love, Northam said in a press release.

Claire Gastanaga, executive director of the ACLU of Virginia, urged her groups supporters to oppose HB 2025 and SB 1324, an identical bill that passed the Senate last week and is now before the House Committee on General Laws.

If these bills are signed into law, same-sex couples could be denied services at church-run facilities, hotels or resorts affiliated with religious organizations, or at hospitals owned by religious groups, even if the services are funded by taxpayers, Gastanaga said.

Del. Marcus Simon, D-Falls Church, argued on the House floor that HB 2025 is unnecessary because the Religious Freedom Restoration Act already makes it illegal for public bodies to discriminate against faith-based organizations on the basis of their religious beliefs.

A similar bill was introduced last year and failed in part because of the argument articulated by Simon.

However, Republicans said they fear that McAuliffes executive order could lead to discrimination against faith-based organizations that object to same-sex marriage.

We had the governors executive order, which I believe does just that, or at least creates a mechanism where that can be accomplished, Freitas said.

Democrats expressed concerns over the bills potential economic consequences. North Carolina experienced economic losses after its government passed a similar law last year.

At the beginning of the legislative session, McAuliffe vowed to veto any bill he considered discriminatory. Northam said the governor would veto HB 2025.

At his news conference Tuesday, Northam vowed to protect gay and lesbian Virginians from discrimination.

Just before the holidays, I completed a seven-city tour that ended in Salem, Virginia, where I was pleased to welcome the NCAA soccer tournament, Northam said. That championship was relocated from North Carolina after the state passed anti-LGBT legislation, as was the NBA All-Star game and major businesses. As long as Im here, as long as Gov. McAuliffe and Attorney General (Mark) Herring are here, Virginia will be inclusive. We will not be like North Carolina.

Carol Schall, one of the plaintiffs in the Bostic v. Rainey case, also spoke at the news conference. She discussed HB 1395, which would have repealed language in state law that bans same-sex marriage. Even though the language is no longer valid, the bill, sponsored by Del. Mark Sickles, D-Fairfax County, died in a House committee.

Names matter. Names like mom and wife make all the difference in the world, Schall said. In past years such as this year, Del. Sickles proposed to repeal outdated constitutional amendment encoding discrimination in our great Constitution.

Sickles called for a full House vote on the issue. He also discussed HJ 538, his proposal to repeal a constitutional amendment adopted by voters adopted in 2006 that defines marriage as being between one man and one woman. Sickles resolution died in a House committee on an unrecorded vote.

Constitutional amendments require approval in two legislative sessions before they can be presented to voters on a November ballot.

If this constitutional were passed and it passed again next winter, by the time it got to the voters in November of 18, 1.2 million people in our state will have come of age, Sickles said. They want to speak to this. They do not want the people of the 2006 cultural and societal milieu to speak forever.

By Julie Rothey with Capital News Service

CNS reporter Tyler Hammel contributed to this report.

Capital News Service is a flagship program of VCUs Robertson School of Media and Culture. Students participating in the program provide state government coverage for Virginias community newspapers and other media outlets, under the supervision of Associate Professor Jeff South.

37.540725 -77.436048

See the original post here:

Over Democrats' objections, Senate OKs 'religious freedom' bill - wtvr.com