Via Alternet, from Religious Dispatches, by Sarah Posner
“… IOTC founder Michael Peroutka presented the evening’s guest speaker, attorney Herb Titus, with a “Patrick Henry Award” for “his tireless and fearless telling of God’s truth to power.” Titus (best known for his representation of former Judge Roy Moore in his failed quest to install a 2.6-ton Ten Commandments monument in the Alabama Supreme Court building) is one of the few lawyers in America who, Peroutka noted, truly “believes God is sovereign and therefore God’s law is the only law.” For Peroutka, the Constitution Party’s 2004 nominee for president, this was his usual spiel on God and the law.
In the late 1970s, Titus played an instrumental role in launching the law school at Oral Roberts University (ORU), from which GOP presidential hopeful Michele Bachmann graduated in 1986. Titus, who rejected his Harvard Law School education after reading the work of R.J. Rushdoony, the late founder of Christian Reconstructionism, was moved to exercise what he believes is a “dominion mandate” to “restore the Bible to legal education.” To teach, in other words, that Christianity is the basis of our law, that lawyers and judges should follow God’s law, and that the failure to do so is evidence of a “tyrannical,” leftist agenda. Titus’ lecture, as well as the teachings of Reconstructionists, the Constitution Party, and the IOTC, provide a window into Bachmann’s legal education, and thus how her political career and rhetoric—so incomprehensible and absurdto many observers—was unmistakably shaped by it…The stated goal of the Constitution Party “is to restore American jurisprudence to its biblical foundations and to limit the federal government to its Constitutional boundaries.” Thatincludes, for example, “affirm[ing] the rights of states and localities to proscribe offensive sexual behavior” (i.e., homosexuality) and “oppos[ing] all efforts to impose a new sexual legal order through the federal court system” (i.e., civil unions, marriage equality, or adoption by LGBT people). It is more extreme than the Republican Party platform, to be sure, but the GOP is hardly devoid of allies of the Constitution Party—including Sharron Angle, who ran for Senate in Nevada last year, and presidential candidate Ron Paul.
The lecture series at the Institute on the Constitution, which also offers in-depth classes that are popular with tea party groups, has recently included presentations on constitutional law by Moore and one of his protégés, current Alabama Supreme Court Justice Tom Parker. In a dissenting opinion in a 2005 child custody case in which the majority affirmed an award of custody to the child’s grandparents, Parker cited not legal cases or statutes, but rather Romans 13:1-2, for the proposition that “there is no authority except from God.” That, he concluded, dictated that the state should stay out of such family law matters except in the most extraordinary circumstances… Titus insists that Christians are discriminated against by these conventional interpretations of the Establishment Clause, which are at odds with his own, and which he contends have contributed to the treatment of Christians as “second-class citizens.”
“I would say to you that someone who holds a Christianview such as Michele Bachmann does would be much more accommodating of different views than any liberals,” he told me, because her views would permit the public posting of the Ten Commandments, for example, but a liberal’s would not…
That’s because, of course, under a “liberal” (i.e., accepted by the Supreme Court, at least for now) view of the First Amendment’s Establishment Clause, the government cannot act in a way that does, or appears to, endorse a particular religion.
Titus contends, however, that religion, as used in the Establishment Clause (“Congress shall make no law respecting an establishment of religion”) does not mean, well, a religion. Rather, Titus insists that this clause means that Congress cannot make you do anything that you are otherwise commanded by God to do: in other words, Congress cannot flout God…In Titus’ view, the First Amendment prohibition against Congress establishing a religion was actually intended to prevent Congress from establishing institutions that he maintains are tantamount to a religion, like public education,or National Public Radio. “I don’t believe what they teach in public schools,” Titus told his IOTC audience. “They don’t even believe in the first thing—that God is the source of knowledge.”…
Indeed, Bachmann possesses an alarming misunderstanding of the history of slavery that at once celebrates it as a heyday of African-American family life, and engages in revisionism about the founders’ view of it. She recently signed a “marriage pledge” in Iowa that included the statement (since removed): “sadly a child born into slavery in 1860 was more likely to be raised by his mother and father in a two-parent household than was an African American baby born after the election of the USA’s first African-American president.” She has also stated,incorrectly, that the founders “worked tirelessly” to end slavery.
Peroutka and the IOTC, for their part, express affection for the Confederacy. In bestowing the “Courage of Daniel Award” on Moore on June 3, Peroutka, who frequently ribs people for being from the “wrong sideof the Mason-Dixon line,” cheerfully noted that it also happened to be the birthday of Confederate President Jefferson Davis…
Bachmann is one of several Republicans endorsed by the Gun Owners of America, another Titus client, which contends that gun ownership is not just a right, but an “obligation to God, to protect life.” Last year, Titus cited the “totalitarian threat” posed by “Obamacare” and told me that people need to be armed, “because ultimately it may come to the point where it’s a life and death situation.”…In 2003, motivated by Moore’s Ten Commandments crusade, then-state senator Bachmann participated in a “Ten Commandments Rally” on the state capitol steps, at which speakers called for the impeachment of federal judges who rule public postings of the Ten Commandments unconstitutional, and for a return to “biblical principles.” Bachmann, according to coverage in the Minneapolis Star-Tribune, “told the crowd that the founders of the United States—including George Washington and Thomas Jefferson—‘recognized the Ten Commandments as the foundation of our laws.’”(N.B.:!???!)…
“When judges don’t rule in fear of the Lord,” he(Parker) concluded, “all the foundations of the earth are shaken.”…The law school at ORU was a first effort at creating a “Christian” law school that would teach the “biblical” foundations of the law—essentially substituting Rushdoony’s totalizing worldview for mainstream legal theory. His views are evident not only in the ORU education Bachmann received, but in the perspectives of other Christian law schools forged on the ORU example, such as Liberty University Law School, where students are taught to follow “God’s law” rather than “man’s law,” and where Rushdoony’s texts are required reading. The rise of Christian schools—not just law schools, but elementary and secondary education, and homeschooling as well—has been, in Titus’ view, a “silent revolution” that has “basically escaped the scrutiny of most journalists.”…I asked Titus whether it would be a big moment for him to see Bachmann, a product of the law school he helped found, ascend to the GOP presidential nomination. He replied, “It’s the kind of thing that we believe was one of our major purposes, which was to train people in such a way so as to make an impact in the leadership of the country.”
Emphasis Mine
Freethought 