'Zombie laws': Analyst warns GOP aims to revive ancient statutes to enforce Christian rule
Republicans are attempting to revive "zombie laws" that have been unenforceable for decades as a way of imposing Christian nationalist rule on the country, Heather Digby Parton wrote for Salon.
One of the most widely discussed recent examples is the Comstock Act, an 1873 anti-"obscenity" law that was used to prohibit the interstate shipping of abortion instruments and contraceptives, which is now being targeted for formal repeal by Democrats after the fall of Roe v. Wade left open the possibility it could be enforced once again.
"Obviously, the very pious Christian Nationalist Speaker of the House Mike Johnson will not let this pass," wrote Parton. "The Comstock Act might have been written by him personally. (This is a man who participated in one of those bizarre purity balls with his daughter, after all.)
"So there's no hope of passage this year. But this should be part of the debate going into the election and the Democrats must repeal it the minute they get the chance because we know the Republicans are planning to use it the minute they get theirs."
More ominously, however, the Comstock Act is just the tip of the iceberg for potential laws throughout our government that could be weaponized to impose far-right Christian theocracy, Parton wrote.
"There are a lot of zombie laws on the books that are likely to be used by conservative judicial activists in the next few years now that they've secured the right-wing Supreme Court of their dreams," she wrote.
"For instance, there are existing, unenforced laws against adultery, atheism and sodomy which could easily be reanimated under some of the right's current crusades. Discriminatory housing covenants and outdated draconian drug laws could rise from the dead as well. They are setting up test cases all over the country with an eye toward overturning precedents to make that happen."
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In a new development this week, one such test case is Louisiana passing a bill requiring the Ten Commandments be clearly displayed in all state-funded classrooms from kindergarten to college — an effort endorsed by Trump himself.
Republican Gov. Jeff Landry has openly said he is excited for a lawsuit, which he wants to use to get courts to overturn modern interpretations of the First Amendment's ban on a state establishment of religion.
"Democrats in state legislatures and at the national level would be wise to survey all the laws and repeal these dead ones wherever they can as soon as possible," warned Parton. "If they don't, there's every chance the right's various culture crusades will end up bringing them back to life."