President Trump Signs Order Protecting First Amendment Rights
Thursday, May 4, is the National Day of Prayer and Donald Trump had plans for that day that included the signing of an executive order that could expand the First Amendment rights of business owners and others who do not want to be associated with activities that go against their beliefs. These activities could range from the issue of homosexual marriage to providing insurance coverage for abortions. A successful executive order on this issue would be seen as a win for Vice President Mike Pence, who had championed the rights of people of faith as governor of Indiana.
Of course, this is a controversial topic that is strongly opposed by liberal organizations. The ACLU social media team Tweeted in response to this proposed executive order, “And if President Trump signs an order that would allow religion to be used as an excuse to discriminate, we will sue. #SeeYouInCourtAgain.”
So it should be no surprise that President Trump has learned from previous executive orders that did not hold up in court and is consulting with attorneys to ensure that this one stands a chance of withstanding a court challenge. The original draft that was leaked to the media would have given business owners and other organizations that express a religious faith and its values broad latitude to refuse to participate in activities that go against its faith. The White House has since distanced itself from the original draft.
Supporters of this executive order include conservative legal activist Leonard Leo, who was due to receive a Canterbury Medal on May 4 for his support of religious freedom. Organizations like the anti-abortion group Susan B. Anthony List may have been disappointed that Congress still had plans to continue funding for Planned Parenthood, but this executive order may help to restore enthusiasm during the Susan B. Anthony List's gala on May 3. Mike Pence was slated to be a keynote speaker for the Susan B. Anthony List event.
Would The Supreme Court Uphold This Executive Order?
With Gorsuch now confirmed as a Supreme Court Justice, conservatives now have a 5-4 majority on the Supreme Court again. As importantly to this issue, the First Amendment specifically reads:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The First Amendment does not cover obviously uncivil behavior like flying airplanes into buildings in the name of religion. However, it should cover instances in which business owners may decide to refuse service because a customer's request goes against their religious beliefs. Then businesses may be covered by the phrase that forbids Congress to pass laws “prohibiting the free exercise thereof” in cases where the owner is not infringing on the civil rights of another person. A wedding cake does not count as a civil right and, anyway, welcome to the 21st century, in which it may be possible to find a baker that actually wants your business and does not have any strong opinions about gay marriage one way or the other.
However, the right to choose what one wants to be associated with should count as a civil right. This is what gives you the right to boycott a business when it makes decisions that you don't agree with. This is what gives you the right to decide whether you wish to participate in events like the March For Women, or stay home. This is what gives you the right to distance yourself from people who use violence to accomplish things like forcing Ann Coulter to cancel a speaking engagement. If you have the right to do these things, business owners should also have the right to refuse service to a customer for any reason.
If President Trump can sign a version of this executive order that can pass muster with the courts, that will be a win for religious freedom because private organizations that prefer to follow a religious faith will no longer have to worry as much about a lawsuit when they refuse to support activities that go against their faith. That will be good for all people because they can no longer be forced to do something that goes against their conscience.