Photo credit: Judge Brian Hagedorn
Freedom of religion, guaranteed by the U.S. Constitution, protects the rights of all Americans to follow their own religious beliefs. It’s amazing how many people who consider themselves deeply religious fail to understand religious freedom and instead want to impose their own religious beliefs on everyone else by law.
That threat has become an issue in the Wisconsin Supreme Court race between Appeals Court Judges Brian Hagedorn and Lisa Neubauer to replace retiring former Chief Justice Shirley Abrahamson. Hagedorn, appointed to an appeals court by former Republican Gov. Scott Walker after serving as the latter’s legal counsel, is an evangelical Christian who once wrote a blog taking what can only be called an extreme, rightwing, religious view of the law.
There once was a time in this country when there was absolutely nothing controversial about anyone running for election identifying himself as a strong Christian. The teachings of Jesus Christ most of us learned in Sunday School growing up were all about loving one another and treating others with the same decency and kindness we wanted to be treated in return. God was love, right? Well, not in Hagedorn’s version.
Religion of Hatred
Hagedorn’s religion seems to focus on hate. “Another reason why I hate Planned Parenthood” was the title of one entry, describing the women’s health organization as far more devoted “to killing babies than to helping women.” Actually, Planned Parenthood’s widespread distribution of contraceptives drastically reduces unwanted pregnancies and abortions. The organization devotes far more of its resources to health screenings that protect women’s lives than to any other services.
The other religious view most important to Hagedorn appeared to be absolute contempt for same-sex relationships. Even before the U.S. Supreme Court legalized marriage equality, Hagedorn condemned the court for striking down anti-sodomy laws used to criminalize private sexual activity—almost exclusively enforced against same-sex partners. Hagedorn compared the decision protecting consensual sexual activity between human beings to legalizing sex with horses or dogs.
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“There is no right in our Constitution to have sex with whoever or whatever you want in the privacy of your own home (or barn),” Hagedorn wrote. “What if the dog liked it and frequently initiated it? Shouldn’t the ACLU come to the rescue of the man for having sex in the privacy of his own home (or here, his own doghouse)?”
As we’ve said, freedom of religion allows Hagedorn to hold whatever religious beliefs he chooses, no matter how bizarre. His views didn’t become anyone else’s business until he was appointed to the appeals court and now wants to make decisions about our lives on the Wisconsin Supreme Court. In both positions, his own personal and extreme religious beliefs could be imposed upon everyone in the state by law.
Mockery of Ethics
Cases involving Planned Parenthood—which Hagedorn says he “hates” and the ACLU (American Civil Liberties Union), which he ridicules as advocates for sexual liberation of dogs—frequently come before the courts. Would Hagedorn recuse himself from such cases? Doubtful. The rightwing Republican justices already dominating the state court make a mockery of ethics. The court’s code of ethics was actually written by pro-business lobbyists who contributed millions to elect the current rightwing majority. The code specifies justices don’t have to recuse themselves from cases involving parties that have contributed millions to their election.
Of particular concern is Hagedorn’s view of Roe v. Wade, the Supreme Court decision that, for 46 years, has protected the constitutional right to abortion for women, now supported in polls by two out of every three Americans. Hagedorn called it “the worst and most unjustifiable decision in history.” Republican courts around the country are setting up new barriers to destroy the constitutional protections of Roe v. Wade assuring women access to safe, legal abortions. Hagedorn clearly is champing at the bit to start creating similar barriers in Wisconsin.
Fortunately, Chief State Appeals Judge Lisa Neubauer, Hagedorn’s opponent, is a far more qualified candidate for the Wisconsin Supreme Court with a history of enforcing laws rather than mocking them. Neubauer’s victory would continue to restore integrity on the court, which has been a national embarrassment ever since the current corrupt, rightwing majority seized control and became a rubber stamp for anything Walker and Republican legislators wanted to do.
The role of the Wisconsin Supreme Court has become even more crucial since November, when Democrats swept statewide offices, and Republicans retained control of the State Legislature through such dubious tactics as gerrymandered districts and voter suppression. State Republicans immediately began displaying their contempt for democracy by stripping Democratic Gov. Tony Evers and Atty. Gen. Josh Kaul of the political power to carry out the agenda chosen by voters.
This is a moment in our political history when it’s more important than ever for Wisconsin Supreme Court decisions to be based on a clear-eyed view of the rule of law and constitutional rights and protections. Bizarre religious beliefs about what goes on in barns and doghouses are irrelevant.
