The past couple of years have seen a surge in conservatives demanding special rights to disobey universally applicable federal laws.
The situation with Cliven Bundy of Nevada should be a no-brainer for people from both the left and the right. Bundy has been stealing from the taxpayers for years, illegally grazing his cattle on federal lands while refusing to pay for the privilege. Both liberals and conservatives pay taxes, so such blatant theft should outrage everyone equally. Indeed, conservative media claims to take theft from taxpayers very seriously, with Fox News spending so much time on the miniscule problem of food stamp cheats that the number of minutes spent on it has likely long ago exceeded the number of pennies lost to this non-problem.
Bundy has stolen far more than any hypothetical food stamp cheat ever did, but when the government tried to show up and take what was theirs, he met them with armed resistance, pushing him from the “ordinary fraud” category to the “violent criminal” column.
And yet, for some reason, Bundy’s outrageous theft of services from the taxpayers is not being taken seriously by the right-wing press. As Roy Edroso of Village Voice and Eric Boehlert of Media Matters have chronicled, the conservative response to the whole incident has ranged from minimizing the seriousness of the crime to outright cheering Bundy on in his efforts to use the threat of violence to continue stealing from the taxpayers.
It’s tempting to write this reaction off as a matter of idiocy married to identity politics. Bundy is a white guy in a cowboy hat wielding guns, which reads as “one of us” to many on the right, so they refuse to accept that he’s a bad guy no matter how much he threatens violence against federal officers simply for enforcing a law that applies to everyone. And no doubt that is part of what’s going on here. But really, what’s going on runs deeper than a knee-jerk desire on the part of the right to believe every white guy in a cowboy hat is a good guy. This is the logical extension of a push that’s grown in recent years from conservatives to argue that they, and only they, have special rights to simply disregard any law they don’t want to follow. And unfortunately that’s an argument that may be making headway this year in the Supreme Court.
The past couple of years have seen a surge in conservatives demanding special rights to disobey universally applicable federal laws on the grounds that they don’t believe in them. This argument has largely been treated favorably by right-wing media that would definitely not extend that courtesy to anyone else. The Hobby Lobby case is simply the most prominent. To recap, Hobby Lobby is arguing before the Supreme Court that because they don’t believe certain forms of contraception are allowed by their god, they shouldn’t be required to meet federal minimum standards requiring that contraception for healthcare plans offered to employees as part of their compensation package, even if the employees don’t believe in a birth control-hating god.
It’s alarming to think that Hobby Lobby is arguing that anyone should be able to ignore any law they want just by stating they don’t “believe” in it, but reading between the lines of their lawyer Paul Clemente’s arguments before the Supreme Court, it’s clear they think this right to exempt yourself from federal regulations should be exclusive to Christian conservatives.
When Justices Kagan and Sotomayor pressed Clemente to explain how being able to opt out of the contraception mandate wouldn’t lead to being able to opt out of offering insurance that covers vaccines or blood transfusions, Clemente waved their concerns off, saying that contraception was “so religiously sensitive, so fraught with religious controversy” in a way those other things aren’t. But, of course, there are religious groups that do think vaccines or blood transfusions are just as “fraught” as contraception, if not more so. The only difference is those groups don’t have the backing of the Christian right. Even without stating so explicitly, therefore, Clemente’s arguments rested on the assumption that the opt-out opportunities he’s pushing for would be for Christian conservatives and only them. The rest of you can go hang.
Similar logic was in play with the push in various states to pass laws giving rights to businesses to discriminate against customers or employees on the basis of gender or sexual orientation, as long as they ascribed their desire to do so on the grounds of “sincere religious belief.” Being allowed a special exemption to universally applicable laws doesn’t get any more blatant than that. There wasn’t even an attempt at propping up the illusion of fairness by, say, allowing gay or female business owners to discriminate against religious bigots. Being a religious conservatives was the only way to be eligible for this special privilege of treating customers and employees like dirt if you want to.
While that spate of bills was defeated after public outcry, the narrative that conservatives have a special right—privilege, really—that no one else should have to defy any laws they happen not to like had rooted itself into right-wing media, which enthusiastically championed the idea that conservatives should be able to opt out of all sorts of laws as long as they wielded “religious belief” as an excuse.
Cliven Bundy doesn’t use religion as his excuse, but he still insists that since he doesn’t believe in the “United States government as even existing,” then he shouldn’t have to follow its laws. It’s a logical extension of the anti-gay and anti-contraception “opt out” arguments, rooted as it is in a belief that conservatives have a unique claim to simply reject any laws they don’t want to follow, even as they, like Bundy, take advantage of the amenities of citizenship.
No wonder conservative media is so warm to the guy. To be clear, none of these actions should be confused with civil disobedience, though some have tried. Civil disobedience is about changing unjust laws, not trying to get a special exception from the law for you and people like you. The only reason right-wing media is giving sympathetic coverage to Bundy is that he’s identifiable as a conservative and therefore his desire to make money off the backs of taxpayers without paying his fair share gets sympathetic treatment. But if he was black or female and got away with even a dollar more food stamps than he was owed, he would be treated like public enemy #1 by Fox News. Being able to shrug off laws you don’t like is a privilege reserved for the few in the world of conservative media.