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Money, Power and The Radical Right in Pennsylvania, continued
(return to contents)II. The
Foundations of Modern Religious Political Extremism in
America
Reconstructionism
Reconstructionism is the common foundation on which
many religious political extremist organizations base
their mission and activities. While the influence of
Reconstructionism varies with individual organizations,
its tenets of Christian dominion and political control
are clearly present in most radical right groups.
Reconstructionism is rooted in dominion theology, which
is based on the belief that Christians are mandated by
God to control - have dominion over - the earth. Thus,
Reconstructionists strive for political power and
consequently, control of public policy.
In the 1993 study, Without Justice for
All, Reconstructionism is defined:
In theological terms, Reconstructionism
is a variation of Dominion or Kingdom ideology, which
says that Christians should have dominion over all they
see because God has given it to them. Reconstructionism
holds that Christians have a biblical mandate to
reconstruct the kingdom of God here on earth, and it is
this tenet which is in large part responsible for the
Christian Right's drive to dominate electoral politics as
a means of controlling society . . . Reconstructionism
today finds its foremost advocate in Rousas John (R. J.)
Rushdoony, a minister with the Presbyterian Church in
America.* Rushdoony's influence on the Christian Right in
this country cannot be underestimated. 2
*The Presbyterian Church in America is a fundamentalist
group that broke away from the mainstream Presbyterian
Church (USA).
The goal of Reconstructionists is to have
their biblical interpretation rule every aspect of life,
including education.3 Rushdoony believes
democracy is a "heresy",4
and "admonishes Christians that in creating God's
kingdom here on Earth, they must remember that 'a
monarchy is not a democracy.'"5
Rushdoony claims, "Democracy is the great love of
the failures and cowards of life."6
The pursuit of total dominion is described in the
November 1994 issue of Rushdoony's newsletter Chalcedon
Report as "preparing the path for the
Kingdom". Reconstructionist theology dictates that,
among other things, women may not wear red dresses; all
kitchens be Kosher; slavery be allowed; and women and
children be chattel. The leaders of the Reconstructionist
movement are highly motivated to see these changes
enacted because they believe that their members
"will lead in the 'Dominion Century'".7
Unsurprisingly, legal systems must also
comply with the Reconstructionist interpretation of
Biblical Law. Rushdoony's organization Chalcedon helped
establish the radical right legal organization, The
Rutherford Institute, "to promote, through the
courts, the Religious Right's agenda."8
"What is particularly frightening, is the
Reconstructionist view of crime and punishment."9
In his writings, Rushdoony lists eighteen "capital
crimes", including blasphemy, witchcraft, astrology,
adultery, promiscuity, incorrigible delinquency,
homosexuality, and, in the case of women, unchastity
before marriage. Biblically endorsed forms of execution
include stoning, burning (at the stake, for example) and
"the sword". Punishment for non-capital crimes
generally involves whipping or restitution in the form of
indentured servitude or slavery. Prisons would likely be
only temporary holding tanks while prisoners awaited
sentencing.10
In the April 1994 Chalcedon Report,
the Reconstructionist mission is defined: "Only when
we have God's law govern a nation, and Christian schools
provide its education, can we speak of a Christian
culture." This is the agenda that propels the
radical right. Rushdoony has apparently found an
electoral vehicle for these ideas in the United States
Taxpayers Party. His photograph appears prominently among
those calling for a USTP Presidential Nominating
Convention to be held August 15-18, 1996 in San Diego,
California. 11
A Global Movement
Radical right leaders are not interested
in reorganizing only American society. In the November
1994 Chalcedon Report, the article
"Discipling The Nations For The Third
Millennium" addresses criteria, strategies, and the
status of international efforts. The "Criteria for
Developing Discipleship Models" are:
1. Spiritually Receptive: The people need to be
spiritually receptive - desperately hungry for
Scripture's answers to immediate questions of
survival. Usually this would require a nation just
emerging from national calamity: war, oppression,
drought, epidemics, economic collapse - or all the
above.
2. Friends in High Places: To effectively establish a
model it is advantageous to enjoy the acquiescence if
not outright support of a few highly placed
government offices (not as an official policy - but
in practice)...
3. Location, Location, Location: ...We must ask what
nations for geographical, historically, ethnic or
political reasons are well situated to influence
their neighbors.12
The strategies for carrying out this mission are
outlined in four steps: service, stewardship, education,
and discipleship training. The fourth step clearly
demonstrates the Reconstructionist strategic plan.
In our model, discipleship candidates - after
being carefully screened - will attend a rigorous six
week 'basic training' program designed to prepare
them in key aspects of evangelism, discipleship,
leadership, establishing mercy works and
micro-enterprises; in short - transforming
their culture."13
(emphasis added)
According to the article, these steps have already
been implemented in Nicaragua, South Africa, and Uganda.
This international focus is also an integral
part of other religious political extremist
organizations. Pat Robertson's 1993 book The Turning
Tide: The Fall of Liberalism and the Rise of Common Sense
discusses the countries in which he is already involved
and those that are ready for the "turning
tide". This list includes: France, Rumania, Ukraine,
Japan, China, Chile, Argentina, Mexico, El Salvador,
Nicaragua, Vietnam, Zambia, Mozambique, Angola, and Cuba.
Robertson's Christian Broadcasting Network (CBN) has
offices in the capital or a major city in many of these
countries as well as broadcasting privileges, and school,
hospital and prison programs. A recent "700
Club" (part of CBN and hosted by Robertson)
broadcast chronicled the Haitian "blitz"
organized by CBN and run by one of Pat Robertson's sons,
Gordon P. Robertson. The Rutherford Institute operates
offices in Bolivia, Hungary, and England.14
III. Family
Planning and Politics In
Pennsylvania
Early attempts to outlaw abortion
Pennsylvania's legislative history
includes a high level of anti-choice activity. Along with
having a large rural population which tends to be
conservative on social issues, "Pennsylvania appears
to be one of the few states in the country heavily
influenced by both the Roman Catholic Church and
fundamentalist Christians."15
In 1970, Pennsylvania's restrictive abortion law was
declared unconstitutional. During the ensuing decade, the
Pennsylvania General Assembly attempted to restrict
access to abortion several times. Often, the attempted
restrictions were found unconstitutional by courts
ranging from the county level Court of Common Pleas to
the United States Supreme Court.
In response to the United States Supreme
Court's legalization of abortion in 1973 in Roe v.
Wade, the Pennsylvania Senate introduced the
Abortion Control Act of 1974 (1974 ACA). According to
Howard Fetterhoff, Executive Director of the Pennsylvania
Catholic Conference, the Pennsylvania Catholic Conference
supported the bill, "Regretting, as the bill's
sponsors do, that for the time being, nothing more
[restrictive] can be done."16
Something more restrictive was attempted when the 1974
ACA reached the Pennsylvania House of Representatives.
Rep. Martin Mullen (D-Philadelphia), anti-choice leader
of the House during the 1970's, tried to outlaw abortion
completely by attaching an amendment to the 1974 ACA.
During debate over his amendment, Mullen's zealousness
was challenged by Rep. William Shane (D-Indiana).
Shane: Mr. Speaker, how many votes did you
obtain when you ran for governor in the May 1974 primary?
Mullen: I only obtained, believe it or not,
200,000 votes. I was terribly disappointed because the
pro-life people in Pennsylvania just did not catch on. In
other words. . . [I] took a trouncing.
Shane: How many votes did Gov. Shapp obtain in
that May Primary election?
Mullen: I think it was approximately 630,000
votes.
Shane: Did you not, before the primary election
state that your candidacy would be a referendum on
abortion?
Mullen: I did that. There is no question about
it. I tried to make it a referendum on abortion, but I
did not succeed. I was trounced.
Shane: I thank the gentleman. I have always
respected the sincerity with which he held his beliefs,
but it is also my sincere belief that many, many-probably
a large majority of his fellow Pennsylvanians-do not
share his sincerely held beliefs.17
Mullen withdrew his amendment and the 1974 ACA passed
the House and Senate. However, Gov. Shapp vetoed the
bill.
During the 1980's, the Pennsylvania Catholic
Conference continued to propel anti-choice legislation
and abortion continued to be a politically volatile
issue. Rep. Stephen Freind (R-Delaware) and Rep. Greg
Cunningham (R-Centre) joined Rep. Mullen (D-Philadelphia)
as the anti-choice leaders in the House. Americans United
for Life, a national organization based in Chicago, began
working with anti-choice legislators to plot strategy and
develop legislation. One of the most regressive actions
of the House and Senate, during this time, was the
elimination of state funding for family planning services
in 1981.
Regulating abortion out of reach
In 1981, Freind and Cunningham
introduced an Abortion Control Act. The four-bill package
(HB 1725-1728) was considered the "most
comprehensive attempt at regulation of abortion
introduced anywhere in the country."18
Rep. Harry Bowser (R-Erie) proposed the Abortion Control
Act be subjected to a referendum in the 1982 general
election. Anti-choice groups opposed a referendum because
public opinion polls continually demonstrated support for
legal abortion.19 Initially, the referendum
proposal passed 102-89. House members were suddenly
called off the floor to take phone calls from priests in
their districts.20 Subsequently, there was a
motion to reconsider the Bowser amendment and the
referendum failed a second vote, 93-100. Ultimately, the
House and Senate narrowly passed the Abortion Control
Act. Governor Richard Thornburgh's December 1981 veto of
that bill proved a short-lived reprieve. After five
months of behind-the-scenes negotiations, Freind,
Cunningham and Thornburgh's staff created a new Abortion
Control Act. This time, there was little debate as the
legislation went through the House and Senate and was
signed by Thornburgh in 1982.
In response to the passage of the Abortion
Control Act, the Women's Law Project filed suit in
federal district court challenging the constitutionality
of the Abortion Control Act. The case became known as American
College of Obstetricians and Gynecologists v. Thornburgh.
Judge Daniel Huyett II issued a preliminary injunction
against the Abortion Control Act's 24-hour delay and two
appellate court judges enjoined the Abortion Control Act.
The Commonwealth appealed the decision and the case
eventually went to the Supreme Court, which struck down
most of the Abortion Control Act's provisions in 1986.
In 1982, pro-choice Democrat Ruth Rudy
defeated Rep. Cunningham (R-Centre) in the general
election and Rep. Mullen (D-Philadelphia) lost his seat
to redistricting. Stephen Friend emerged as the
anti-choice leader of the House. In an attempt to provide
state funding for anti-choice organizations, Freind
introduced a million-dollar appropriation into the
1985-1986 budget. Friend's proposed amendment would only
fund agencies that provided services to pregnant women
and did not "perform, refer, or counsel for
abortions."21 The funding was
eliminated in Senate conference committee. Freind made a
second attempt at funding anti-choice centers or
"crisis pregnancy" centers with an amendment to
the 1986-1987 budget. In a replay of the 1985 budget
debate, Freind's amendment was eliminated in Senate
conference committee. This time, before the committee
could vote, Freind offered the legislation as an
amendment to a bill on the state's administrative code.
The bill, with Freind's amendment, passed the House, but
the Senate sent it to the Appropriations Committee, where
it died.
In 1986, Robert P. Casey was elected to his
first term as Governor of Pennsylvania. While Casey's
opinion on abortion was not a secret, he rarely discussed
his beliefs during the campaign. Later, opposition to
reproductive rights would become his calling card and
provide Casey with national attention he otherwise would
not have received.
The 1987 ACA, introduced by Freind, included
only one new provision, a ban on the use of legal
services funds to advocate for or against legalized
abortion. Other provisions were rewritten in an attempt
to respond to federal court decisions. An example is the
"Paternal Notification" provision of the 1987
ACA. The Supreme Court had struck down requiring spousal
consent in (1976) Danforth, but had never ruled
on spousal notification. The 1987 ACA legislation was
written in a way that would allow a "notified"
father to file a civil suit in a local court and prevent
an abortion from being performed.
Before the judiciary committee could review
the 1987 ACA, Rep. Freind amended it to HB 1130, a bill
which had already passed the Senate 45-0.22
With minor changes, Freind's amendment passed the House
(145-53) and the Senate (33-16).23
Governor Casey vetoed the bill citing constitutional
questions and his feeling that the bill was poorly
crafted. Friend called Casey's veto the "single
worst betrayal in the history of Pennsylvania."24
Casey did indicate, though, that he was eager to work
with legislators to draft a "constitutional"
ACA.
In January 1988, another version of the
Abortion Control Act was released with the Pennsylvania
Catholic Conference's endorsement. The new version of the
ACA included: elimination of paternal notification,
changes in the information clinics were required to give
the Health Department, and a new section mandating that
clinics post the "conscience clause" - the
right to refuse to perform or participate - provision of
the Act in a prominent place.25
Sen. Edward Helfrick (R-Northumberland) introduced
Casey's 1988 ACA as an amendment to an underage drinking
bill. Pro-choice senators unsuccessfully attempted to
remove rape and incest reporting requirements. The 1988
ACA passed the House and Senate and was signed by Casey
immediately, prompting a lawsuit by Planned Parenthood
Southeastern Pennsylvania, representing pro-choice
advocates and the interest of women, against the
Governor.
Legislation in the post-Webster era
The July 1989 U.S. Supreme Court decision in Webster
v. Reproductive Health Care Services provided
additional opportunity for states to restrict abortion.
According to Rep. Freind, "The Court appeared to
hold that it was permissible to regulate, restrict and in
some cases outlaw abortions if there were a rational
basis for doing so."26
In response to the Webster decision, the
National Right to Life Committee held a "legislative
strategy conference" on October 2 and 3, in
Washington, D.C. The National Right to Life Committee
drafted eight sample pieces of legislation "that
state pro-life organizations will be considering for
introduction in their state legislatures."27
All of the National Right to Life Committee agenda items
were either incorporated into the Pennsylvania Abortion
Control Act of 1989, House Bill 1979, or introduced
separately by Freind.
On October 3, 1989, Freind introduced the
Abortion Control Act of 1989. He outlined five goals for
the new ACA, which included at least one provision that
could directly challenge Roe v. Wade. "Such
a process would permit the [Supreme] Court to either
overturn Roe or to continue the erosion process begun
under Webster."28
Changes from previous ACA legislation included bans on
"sex selection" abortions, on all abortions
after 24 weeks, and on fetal tissue research. The ACA
passed the House 143-58, making the Pennsylvania House of
Representatives the first legislative body in the country
to pass anti-choice legislation following the Webster
decision.29 The 1989 ACA passed the
Senate and was promptly signed by Governor Casey.
Pennsylvania now had the strictest abortion law in the
country and was poised to provide the Roe v. Wade
test case.
In the 1990's, the focus of the anti-choice
movement shifted from the legislature to the courts as
abortion restrictions passed during the 1980's traveled
through the judicial system. One of the most significant
of these cases was Planned Parenthood Southeastern
Pennsylvania v. Casey, which challenged the
restrictions of the 1988 and 1989 Abortion Control Acts.
In June of 1992, the Supreme Court handed down its ruling
upholding all provisions of the ACA except "husband
notification". After further action in lower courts,
the Pennsylvania Abortion Control Act, originally passed
in 1989, took effect on March 19, 1994. Under this law,
doctors are required to lecture women seeking abortions
according to a state script, and then delay the abortion
procedure for twenty-four hours. A parent of a minor also
must endure the lecture and delay before giving consent
for the abortion to be performed. A minor who is unable
to get a parent to comply with the law cannot have an
abortion unless she obtains a court order.
In his pursuit of making abortion illegal,
Rep. Steven Freind had attracted stiff electoral
opposition. He retained his seat in 1990 with the help of
an enormous influx of funds from the House Republican
Campaign Committee, but it was clear that further
retention would be difficult. In 1992, he vacated his
seat to mount a challenge to pro-choice Republican U.S.
Senator Arlen Specter. Freind's try for the Republican
Senate nomination was a dismal failure. In addition, the
anti-choice Republican who was nominated for his former
House seat was defeated by pro-choice Democrat Greg
Vitali, who overcame a Republican registration edge of
over two to one.
State funding for anti-choice activities
After Freind left the House, another of his
legislative goals was realized. In his 1992 budget,
Governor Casey proposed the creation of a two-part
appropriation titled Women's Service Programs. Half of
the proposed $2 million was to go to family planning
providers for testing and screening for health conditions
such as diabetes or hypertension, but not for family
planning services. The other half was earmarked for
"programs which provide alternatives to
abortion".30 The appropriation was
passed and the Department of Public Welfare began a
search for an agency to receive the
"alternative" funds. In May 1993, a sole source
contract was approved with Lifeline of Southwest
Pennsylvania. Department records indicate that Mary
Beliveau, Legislative Coordinator of the Pennsylvania
Pro-Life Federation, was instrumental in the selection of
Lifeline.31
Although the appropriation listed medical
services as a use of funds, the contract with Lifeline
provided only for counseling services. This counseling
consisted of an effort to dissuade a woman from choosing
abortion, along with referrals to agencies serving
pregnant women and mothers and infants. The budget also
provided for purchase of computers, TV/VCR's and
telephone equipment ($145,600), office furniture,
equipment and supplies ($77,325), administrative salaries
and benefits ($199,453), printing and advertising
($80,000), and $100,000 for educational expenses
including $50,000 for the purchase of 100 fetal models. A
total of $1,964,053.25 was to be spent in providing
16,667 hours of counseling to 11,111 low income women.32
A second contract was signed for July 1, 1994 through
June 30, 1995 for $1.5 million.
In response to questioning by Representative
Babette Josephs during the March 8, 1996 budget hearing,
the Secretary of the Department of Public Welfare wrote a
letter to the House Appropriations Committee which
revealed that the Lifeline organization had not been able
to fulfill its contractual responsibilities. Problems
identified were poor fiscal management and difficulty in
the subcontracting process. Of the $4,465,000
appropriated, $974,308 had been spent to counsel 3,199
women. Secretary Houstoun also indicated that the Ridge
administration was attempting to implement this program
with another agency, Morning Star.33
Family planning funding restored
In 1994 family planning advocates extracted public
commitments from both major party gubernatorial
candidates, Republican Tom Ridge and Democrat Mark
Singel, to restore state funding for family planning
after a fourteen-year lapse. A coalition, Family Planning
for a Healthier Pennsylvania, involved over one hundred
organizations and thousands of individuals, and seemed to
have succeeded when newly-elected Governor Tom Ridge
proposed in his first budget $4.06 million for Women's
Medical Services, including contraceptive services,
although that amount was later reduced by one-half.
While a long-term grass-roots effort was
instrumental in securing the funding, another important
factor was that the traditional opponent of this funding,
the powerful Pennsylvania Catholic Conference, was absent
from the debate. Although the Pennsylvania Catholic
Conference has consistently and vocally opposed family
planning and reproductive rights, in 1995 they were
strongly committed to passage of Ridge's school voucher
plan which would have provided state funds to private
schools through tuition vouchers. It appeared that the
Pennsylvania Catholic Conference was loathe to antagonize
Governor Ridge, and remained relatively silent on this
issue.
Leadership of the anti-family planning
forces was left to the Pennsylvania Pro-Life Federation,
which claims to oppose only abortion and to not have a
position on contraception. The Pennsylvania Pro-Life
Federation was reduced to asserting, in the face of
common sense and of any credible evidence, that
increasing funds for contraceptive services would lead to
more abortions.
While there is strong public support in
Pennsylvania for family planning services, the
Pennsylvania Pro-Life Federation had a powerful friend in
Rep. Joseph Pitts (R, Chester), Chair of the
Appropriations Committee. Pitts, a long-time supporter of
radical right causes, inserted restrictive language into
the budget legislation which would have made the funds
useless.
Pitts' long-standing ties to religious
political extremist groups were evident in 1985, when he
was on the board of The Rutherford Institute of
Pennsylvania, a radical right non-profit law firm.34
The Rutherford Institute has defended protesters at
women's health clinics, challenged laws protecting
homosexuals, and campaigned against former Surgeon
General Jocelyn Elders. (The activities of The Rutherford
Institute are more fully described in the
"Profiles" section of this monograph.)
In 1989 Pitts became the Minority Chair of
the Appropriations Committee, the most influential
committee assignment in the House of Representatives. The
Appropriations Committee decides how the state's money is
spent, and the committee chair is included in closed-door
budget negotiations. When the Republicans achieved the
majority in 1994, Pitts became one of the most powerful
elected officials in the state. As Majority Chair of the
Appropriations Committee, "Pitts can have a profound
effect on public policy."35
In June 1994, after a massive public outcry
from many who had trusted that the Governor would restore
family planning funds, Ridge signed the 1995-1996 state
budget withholding his approval from the anti-family
planning restrictions, citing the section in the 1989
Abortion Control Act which prohibited state interference
in contraceptive choice. The Department of Public Welfare
and family planning agencies signed contracts to provide
birth control services. The services were provided, but
no funds were received by the councils. Representatives
Pitts and Katie True (R, Lancaster) had met with the
Governor and persuaded him to attach crippling
restrictions to the agreements, which the family planning
councils would be required to sign in order to be
reimbursed.36 These restrictions
limited the expenditure of funds to contraceptive
supplies rather than services, allowed the use of funds
only for expenditures for supplies in excess of funds
expended in the prior fiscal year, and include a rule
prohibiting providing pregnant women with information
about abortions. This last restriction contradicted
federal regulations which require that pregnant women
receive information about all of their options.37
Again, family planning legislators and
advocates lobbied to ease the restrictions so that state
funding could be used to provide services to low income
women. After intense negotiation, the Governor agreed to
insert a preamble into the contract which limited the
effect of these restrictions to only those funds provided
in the Women's Medical Services, allowing funds from
other sources such as patient fees, private contributions
and federal government grants to be used to provide the
comprehensive health care which family planning agencies
provide to their clients.38
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