December 7, 2016

DAVID BERNSTEIN: The Supreme Court oral argument that cost Democrats the presidency.

According to exit polls, Trump received 81 percent of the white evangelical Christian vote, and Hillary Clinton only 16 percent. Trump did significantly better than the overtly religious Mitt Romney and the overtly evangelical George W. Bush. He likely over-performed among other theologically conservative voters, such as traditionalist Catholics, as well. Not bad for a thrice-married adulterer of no discernible faith.

To what can we attribute Trump’s success? The most logical answer is that religious traditionalists felt that their religious liberty was under assault from liberals, and they therefore had to hold their noses and vote for Trump.

Let’s focus on one of these incidents, the time the solicitor general of the United States acknowledged that religious institutions that oppose as a matter of internal policy same-sex marriage may lose their tax exemptions. At oral argument in the Obergefell same-sex marriage case, there was the following colloquy:

Justice Samuel Alito: Well, in the Bob Jones case, the Court held that a college was not entitled to tax­exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same­ sex marriage?

Soliticitor General Verrilli: You know, I ­, I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. ­ I don’t deny that. I don’t deny that, Justice Alito. It is ­­it is going to be an issue.

With the mainstream media busy celebrating the Supreme Court’s ultimate recognition of a right to same-sex marriage, this didn’t get that much attention in mainstream news outlets. But in the course of researching my book, “Lawless,” I noticed that Solicitor General Donald B. Verrilli Jr.’s answer was big news in both the conservative blogosphere and in publications catering to religiously traditionalist audiences. . . .

In short, many religious Christians of a traditionalist bent believed that liberals not only reduce their deeply held beliefs to bigotry, but want to run them out of their jobs, close down their stores and undermine their institutions. When I first posted about this on Facebook, I wrote that I hope liberals really enjoyed running Brendan Eich out of his job and closing down the Sweet Cakes bakery, because it cost them the Supreme Court. I’ll add now that I hope Verrilli enjoyed putting the fear of government into the God-fearing because it cost his party the election.

Well, that’s how things are supposed to work.