'The rights of free speech, free
assembly, and the free exercise of religion are all First Amendment
rights. They have the same constitutional pedigree. But apparently
while protests are now permissible, prayer is still too dangerous.
Politicians are now picking and choosing within the First Amendment
itself.'
WASHINGTON, D.C.
-U.S. Senate Majority Leader Mitch McConnell (R-KY)
delivered the following remarks June 9 on the Senate floor
regarding religious liberty:
"Several times now, I have praised the
peaceful demonstrations protesting racial injustice and the
killings of black Americans. I am grateful that after several
harrowing days of looting and riots, law enforcement restored order
and helped these peaceful protests be heard.
"Notwithstanding the far-left calls to
disband the police altogether, I believe most Americans are ready
to consider how the memories of black Americans like George Floyd
and Breonna Taylor can move us to continue combating residual
racism.
"Today, I need to discuss a different
pressing problem that concerns Americans' constitutional
rights.
"It is becoming clear to many Americans,
including many who appreciate and applaud the recent protests, that
our national life during this pandemic has slid toward a double
standard.
"For weeks, state and local leaders put
normal American life totally on ice and asked citizens to
prioritize fighting the virus.
"For weeks, the mainstream media heaped
scorn on any small citizen protest, outdoor gathering, or even the
suggestion that other important values might require a reappraisal
of certain restrictions.
"The American people did their part. They
made necessary sacrifices that clearly helped the country and
they're ready to continue doing their part as our re-opening
carefully proceeds.
"But now, many Americans feel they've just
seen those fastidious regulations and that puritanical zeal
disappear in an instant because a new cause has emerged that
powerful people agree with.
"A month ago, small protest demonstrations
were widely condemned as reckless and selfish. Now, massive rallies
that fill entire cities are not just praised, but in fact, are
called especially brave because of the exact same health risks that
brought condemnation when the cause was different.
"People just spent the spring watching
their small businesses dissolve, or canceling weddings, or missing
religious observances for the longest spells in their lives, or
missing the last days of a loved one's life and then missing the
funeral. Never were the American people told about any exemption
for things they felt strongly about.
"I have no criticism for the millions of
Americans who have peacefully demonstrated in recent days. Their
cause is beyond righteous. It is the inconsistency from leaders
that has been baffling.
"The same governor of Michigan who argued
that letting people carefully shop for vegetable seeds would be too
dangerous during the pandemic now poses for photographs with groups
of protestors.
"Here in the District of Columbia, the
Mayor celebrates massive street protests. She joins them herself.
But, on her command, churches and houses of worship remain shut. I
believe even the largest church buildings in the District are still
subject to the 10-person limit for things the Mayor deems
inessential.
"The rights of free speech, free assembly,
and the free exercise of religion are all First Amendment rights.
They have the same constitutional pedigree. But apparently while
protests are now permissible, prayer is still too dangerous.
Politicians are now picking and choosing within the First Amendment
itself.
"Last week, one county in California's Bay
Area seriously attempted to issue guidance that allowed protests of
100 people but still capped all other social gatherings at 12
people and banned outdoor religious gatherings altogether.
"Figure that one out.
"These governments are acting like the
coronavirus discriminates based on the content of people's speech.
But alas, it's only the leaders themselves who are doing that.
"It is now impossible to avoid the
conclusion that local and state leaders are using their power to
encourage constitutionally-protected conduct which they personally
appreciate, while continuing to ban constitutionally-protected
conduct which they personally feel is less important.
"In New York City, Mayor de Blasio makes no
effort to hide this subjectivity. At one point, he recounted our
nation's history with racism, compared that to, quote, a "devout
religious person who wants to go back to religious services," and
concluded, quote, "Sorry, that is not the same question."
"The American people's constitutional
liberties do not turn on a mayor's intuitions.
"Politicians do not get to play red-light,
green-light within the First Amendment.
"The Bill of Rights is not some a-la-carte
menu that leaders may sample as they please. It is hard to see any
rational set of rules by which mass protests should continue to be
applauded but small, careful religious services should continue to
be banned.
"These prominent Democrats are free to let
social protest outrank religion in their own consciences, if they
choose. But they do not get to impose their ranking on everyone
else. That is precisely the point of the freedom of conscience.
That is precisely the point of the First Amendment.
"Weeks ago, citizens sued the mayor of
Louisville, Kentucky when he tried to ban drive-in Easter services
while imposing no restrictions on the parking lots of secular
businesses.
"A brilliant district judge had to remind
him and the whole country that in America, faith can never be
shoved into second class.
"It seems at least a few local leaders
still need to learn that lesson. I hope they learn it soon.
"The American people's response to the
coronavirus was courageous and patriotic. On the advice of experts,
our nation sacrificed a great deal to protect our medical
system.
"Politicians must not repay that sacrifice
with constitutionally dubious double standards."
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