Arizona RESPECT act fails but inspires Mississippi

PHOENIX – Two weeks ago in Pagan Community Notes, we reported On February 7, 2024, State Senator Jake Hoffman (R- District 15) successfully advanced a bill (SB 1279)in the Senate Government Committee, that codifies a ban on the placement of “satanic memorials, statues, altars, displays, or any other form of representation or tribute to Satan” on public grounds in Arizona.  The Senate committee granted initial approval to a proposed bill aiming to prohibit satanic displays on public grounds. The decision followed a heated debate on whether Satanism should be regarded as a legitimate religion deserving of respect or deemed a “desecration of public property.” The bill was targeting displays by The Satanic Temple.

The bill revised several statutes adding to them “SATANIC MEMORIALS, STATUES, ALTARS OR DISPLAYS OR ANY OTHER METHOD OF REPRESENTING OR HONORING SATAN MAY NOT BE DISPLAYED ON PUBLIC PROPERTY IN THIS STATE.”

The bill is titled “Reject Escalating Satanism by Preserving Essential Core Traditions (RESPECT) Act”.

The proposed bill was joined by 12 other state senators.

Image: Wing-Chi Poon, CC lic. Wikipedia Commons

 

Arguing for its passing, Hoffman said, “It is a desecration of our public property in the United States of America and in the state of Arizona for a Satanic display, memorial, altar, etc., to be on public property.”

“It says that satanic memorials, statues, altars or displays or any other method of representing or honoring Satan may not be displayed on public property. So it doesn’t infringe your First Amendment at all,” Hoffman said.

At the hearing, Micah Mangione, a private citizen, testified “I am genuinely impressed that in only 25 words, this bill appears to violate three distinct clauses of the First Amendment to the U.S. Constitution.”

He added that these clauses prevent the government from establishing a religion, prohibit government interference with the free exercise of religion, and ensure the right to free speech. He cautioned Republicans about potential implications for their endorsement of SB 1279.

“If you can go after the Satanic Temple, which is a religion, what about paganism next?’’ Mangione asked. “What about Judaism next? How about Islam? How about LDS?’’

He then added that the legislation essentially says that only Christian values matter.

“It is legally and constitutionally suspect to argue that Satan, someone who is universally known to be an explicit enemy of God, is somehow a religion,’’ Hofmann responded. “That is an absolutely ludicrous statement to make.’’

Tonia Francis, another private citizen who argued against the bill told Hoffman that the bill interferes with her rights.

”So you think that it’s both legally and constitutionally OK to argue that Satan … who is universally known to be explicitly the enemy of God, antithetical to God, you think that’s targeting your religion?’’ Hoffman asked.

”Universally known to you?’’ Francis asked.

”To, literally, everyone,’’ Hoffman responded. “That’s not a point that’s debatable. Would you not say that Satan is the enemy of God?

Francis responded “No,” and Hoffman characterized her response as “disingenuous.”

The Satanic Temple logo

 

Operating a digital marketing company called Rally Forge, Hoffman came under scrutiny when it was revealed by The Guardian that Rally Forge established a fictitious left-wing organization named America Progress Now. This front group actively endorsed Green Party candidates through online promotion in 2018. Hoffman faced consequences as Rally Forge was prohibited from Facebook in 2020, coinciding with his permanent suspension from Twitter.

Sen. Janae Shamp, (R- District 29), said defending the legislation is no different than what is already happening. ”We’ve had plenty of situations where the Commandments have been removed from courthouses across the country,” she said.

”There’s been plenty of attacks on Christians, on Muslims,’’ Shamp said. “This is simply to say there will not be a display in a government building.’’

At the hearing, a citizen named Micah Mangione, as quoted by Howard Fischer of Arizona Capitol Media, succinctly voiced concerns, stating, “I am genuinely impressed that in only 25 words, this bill appears to violate three distinct clauses of the First Amendment to the U.S. Constitution.”

The bill secured a 5-1 approval, with the lone Democrat present, Senator Juan Mendez, casting the dissenting vote and referring to the legislation as “a straight-up attack on the rights of people and religion.”

”Any religion that could be viewed by the sponsor or this committee, if they view it to be a desecration to Christianity, they’re no longer safe in Arizona,’’ he said. “This proposal is literally trying to erase any religious group that does not agree with your view of Christianity.”

”It is because it’s insulting to your religion?’’ Mendez added.

Hoffman responded angrily, ”Nobody said it was a desecration of Christianity, It’s a desecration of public property.’’

Mendez then expressed bewilderment that his colleagues did not perceive any constitutional concerns associated with the proposal. I don’t understand how we all don’t see this as an attack on the Constitution,”  he said.

Mendez added that the Arizona Constitution has its own provision saying “perfect toleration of religious sentiment shall be secured to every inhabitant of this state.’’

”This proposal is up here, literally trying to molest people in their religion,’’ Mendez said.

On February 23, 2024, the Arizona State Senate failed to pass SB 1279.

The Satanic Temple wrote via Facebook,  “We stand at a pivotal moment in our nation’s history, where the principles of freedom and individual liberty are under relentless assault by theocrats who seek to impose their own narrow beliefs on all. All who value the Constitution must confront the question that challenges the very essence of our democracy: Is freedom truly a universal right for all Americans, or will we stand by as elected officials choose which Americans enjoy those rights and which Americans are deprived of them?”

The Satanic Temple co-founder and spokesperson, Lucien Greaves, and attorneys Matt Kezhaya and Stu de Haan to catch up on TST’s legal efforts on these issues.

Meanwhile on February 15, 2024, in Mississippi, House Bill 1282 was introduced by Rep. Jill Ford (R- District 73) for the 2024 legislative session with plans it take effect on July 1, 2024.  It is the “Reject Escalating Satanism by Preserving Essential Core Traditions (RESPECT) Act.”

The Bill states, “a long line of historical evidence exists showing that the values found in the Judeo-Christian faith are fundamental to the foundations and freedoms of the United States of America, the State of Mississippi, in accordance with the long-established history, heritage, and tradition of the United States, does not grant favored status to any establishment of religion as the official religion of the State of Mississippi.”  It also adds that good and evil exist and “It is the duty of the government to play an appropriate role in protecting the inhabitant residents of Mississippi from evil while encouraging and facilitating good.  It is legally and constitutionally inconsistent to afford Satan, who is universally understood to be an enemy of God, religious expression on public property by a state government that depends upon God for continued blessings.  Such a legal view violates our state constitution and offends the God upon whom we depend and undermines our well-being.”

In December 2023, Michael Cassidy, an unsuccessful Republican candidate for Mississippi’s state House of Representatives, is accused of third-degree criminal mischief in violation of individual rights, as per the Polk County Attorney’s Office announcement on Tuesday.

The prosecutor’s office stated, “Evidence shows the defendant made statements to law enforcement and the public indicating he destroyed the property because of the victim’s religion.”

Initially charged with a misdemeanor, Cassidy, 36, now confronts an upgraded charge, classified as a class D felony under Iowa’s hate crime laws.

The Mississippi bill has been referred to the Public Property Committee, a standing committee of the Mississippi House with oversight of public spaces. At the time of publication, HB 1282 has not yet appeared on the committee’s docket.


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