Alander Rocha, Alabama Reflector

Rep. Ernie Yarbrough, R-Trinity, distributed signed copies of a book called “The Doctrine of the Lesser Magistrates,” written by Rev. Matthew Trewhella, a minister who signed a statement in 1993 justifying the murder of an abortion provider.

Trewhella signed the book with “May the magistrates of Alabama have courage to do right by Christ!” A note from Yarbrough said “I hope this signed copy is a blessing!”

The book argues that when a higher authority, such as a monarch or government, enacts unjust or tyrannical laws, lower-level officials have a moral obligation to resist and defy those laws. The doctrine says lesser magistrates, such as local officials, judges, or regional governors, must interpose themselves between the actions of the higher authority and the people they govern.

Trewhella is also the founder of the Missionaries to the Preborn, an anti-abortion group based in Milwaukee known for staging protests outside of abortion clinics.

In 1993, Trewhella signed a so-called “Defensive Action Statement” written by radical anti-abortion minister Paul Hill, which said anti-abortion extremist Michael Griffin was justified for killing Dr. David Gunn in Pensacola, Florida.

A year later, Hill murdered Dr. John Britton, who replaced Gunn at the Pensacola abortion clinic, as well as Britton’s security escort. The Federal Bureau of Investigation investigated Trewhella and others who had signed the 1993 statement but did not bring charges. Trewhella said he was not involved in Britton’s murder and did not sign a second “Defensive Action Statement” on Hill’s behalf.

In 1994, the Virginia-Pilot reported that Trewhella was conducting seminars on how to raise militias that brought together those who oppose “abortion, gun control and taxes.”

In an interview during the special session earlier this month, Yarbrough said that the book was meant to encourage people to look at the authority given to civil magistrates, whether politicians or judges, “to recognize all authority comes from God, and so we have a responsibility to enforce boundaries.”

“The idea in America that just because someone is in a certain position, whatever that position is, doesn’t mean that they are above being held accountable, to the oaths that they swore into law, that they are required to defend,” he said.

Alabama GOP legislators push for tougher abortion laws as Democratic repeal efforts stall

Alabama enacted a near-total ban on abortion in 2022, shortly after the U.S. Supreme Court struck down federal abortion rights protections in Dobbs v. Jackson Women’s Health Center.

Kelsea McLain, deputy director at the Yellowhammer Fund, a nonprofit that advocates for abortion access, said in an interview last week that she views the fringe concept as a way to insert “extreme evangelical faith” into politics.

“In a way, that erodes the separation of church and state completely, and instead mandates or forces adherence to a version of Christianity that — I would say — the majority of people, especially Christians, are not comfortable with or familiar with,” she said.

McLain called it an effort to get the state government to enact laws and policies that “violate our Constitution, that violate our human rights and are instead focused on a very narrow and very, not popular understanding of the Bible and what the Christian faith dictates.”

Distribution

Six representatives from both parties confirmed receiving a copy: Rep. Terri Collins, R-Decatur; Rep. Phillip Ensler, D-Montgomery; Rep. Danny Garrett, R-Trussville; Rep. Penni McClammy, D-Montgomery and Rep. TaShina Morris, D-Montgomery. Rep. Thomas Jackson, D-Thomasville, said on the House floor Friday that he had a copy of the book on his desk.

“It was a very interesting read, but there was a lot of propaganda in it,” Jackson said.

Jackson could not be reached for a comment.

Garrett said that a staffer had compiled his mail and paperwork for him to take home, and that he had seen the book then.

“It was among that, but I haven’t had a chance to read it,” Garrett said.

Yarbrough sponsored a bill in the regular session earlier this year that would have allowed the state to charge women who have abortions with homicide. The bill, which did not come out of committee, is one of several so-called “equal protection bills” backed by far-right anti-abortion groups like Operation Save America.

McLain said that the rise of right-wing ideology based on Trewhella’s teachings rose to popularity during the COVID lockdowns, which showcased a clear ideological divide between those who viewed lockdowns as a temporary measure, and those who viewed lockdowns as an infringement of their rights.

“This is not just an Alabama-born movement,” she said. “But I think that there’s these kinds of branch politicians in a lot of states, especially southern states, that are slowly trying to push this forward in their state governments, or even in their local governments.”

For example, she said local governments in Texas and New Mexico have passed ordinances establishing anti-abortion “sanctuary cities.”

“I think this is a part of a greater trend to try to insert this type of law and to the various lower levels of government, to try and influence things when it really isn’t constitutional — or possible,” she said.

Yarbrough pushed back on the notion that the Doctrine of the Lesser Magistrates promotes violence. He said that Trewhella’s book could potentially have prevented the Holocaust from happening.

“That book would have prevented people like Hitler from committing murder, because people would have said to Adolf Hitler, ‘there’s a higher law to which you are held accountable, and that’s the laws of God’” Yarbrough said.

He said that starting in the 20th century, a century he described as marked by “atheism, humanism, and men being the measure of all things,” violence was on the rise because people did not “adhere to the principles.”

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Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and Twitter.

ADP chair Randy Kelley said in an interview Saturday afternoon that they had to conduct the meeting in an executive session because members of the public were being disruptive.

“They weren’t on the committee,” he said. “They were a guest. And we didn’t know who those people were.”

The motion at the first meeting since the party leaders passed new by-laws and eliminated diversity caucuses in May, came amid a protest from about 15 members of the eliminated groups and supporters.

As a result of eliminating diversity caucuses, 53 members lost a seat on the party’s State Democratic Executive Committee (SDEC). The state Democratic Party faces an investigation by the Democratic National Committee (DNC) over the bylaw changes and elimination of caucuses.

The Saturday board meeting’s agenda included a vote to approve job descriptions for the party’s executive director and director of communications. It also included a report from the chairman as well as a delegate selection report, a report on the process of selecting delegates for the national party convention, and a congressional reapportionment update.

Michelle French, a member of the SDEC, the governing body of the organization, attended the protest Saturday. She said she saw a young, diverse and energetic party during SDEC elections at a meeting in August 2022. Now, she said, she couldn’t believe she had to protest her own party.

“They’re disenfranchising their own people,” she said.

Before establishing quorum, Alabama Democratic Party Chair Randy Kelley and Joe Reed, chair of the Minority (Black) Caucus, attempted to stop attendees from recording the meeting. Kelley repeatedly asked that people unplug their devices, and Reed threatened to throw recording devices outside.

“The chairman is presiding,” Reed said. “The chairman has ruled that there will be no taping and no film. If you got a tape or a film in this room, unplug it out of these walls.”

Members said the state party bylaws require meetings to be open to the public.

James Ward, the vice chair of the Hispanic caucus that was abolished in May and elected member of the SDEC, objected to the request, saying that allowing recording would help restore trust in the state party.

“There is a lack of trust in your leadership, and I’d like to record,” he said.

In the interview after the party meeting, Kelley said “they’re not recording our meeting for any good.”

“They are recording our meeting in order to undermine our organization,” Kelley said.

Tabitha Isner, the vice chair of the state party, objected to Reed’s request, stating that Alabama’s law allows recording when at least one party – the person recording – knows about it.

Reed interrupted her and shouted, “You be quiet, girl.

Representation

At a May 6 meeting, the SDEC voted to abolish the youth, LGBTQ+ and disabled caucuses, while reducing the power of other minority caucuses. The meeting was tumultuous. Members of the affected caucuses, some of whom are Black, sharply criticized the moves, saying they stripped key groups of representation. They also criticized the passing of the bylaws and called the vote questionable.

Kelley and Reed argued the prior bylaws diluted the power of Black Democrats, the biggest part of Alabama’s Democratic electorate, to lead the party. Kelley, who has called the critics “losers,” said that the changes did not cost anyone representation and better reflect the Democratic electorate.

SDEC member Eddgra Fallin, in an exchange outside before the meeting with protesting members, said that Black Democrats deserve more representation than other minority groups “because of slavery” and “that’s why [Black Democrats] get to determine.”

“When Hispanics came to this country, they didn’t come into slave ships. They weren’t forced to labor for free for 400 years. They did not suffer Jim Crow. They have the right to vote. They have not had to fight for anything,” she said.

A large share of Hispanic and Latino immigrants remain in the country without legal status due to problems in the nation’s immigration system. Legal residence does not give an immigrant the right to vote. Only after becoming a naturalized citizen would an immigrant be allowed to vote.

Children of immigrants brought into the country long before they could make decisions for themselves, have been fighting for the right to work and go to school in the country for over 20 years.

Complaints

Isner and 42 other Democrats filed a complaint in June with the state party. The DNC voted in June to review the complaint.

After the Saturday meeting, Isner said that the only thing that could have warranted an executive meeting was personnel matters related to salary. She said that during the executive meeting, they rehashed the argument that “no one lost representation” with the new bylaws, discussed delegate plans and tried to remove her from the 1st vice chair position. She also said that three vice chairs presented reports, but she was not involved in drafting the agenda and was not asked to bring a report.

Since the original complaint, there has been two more filed: one by Ralph Young, a member of the ADP, and April Hodges, chair of the abolished Hispanic caucus.

Young sent a letter dated July 1 to the Democratic National Committee asking rules and bylaws committee (RBC) co-chairs to place a restraining order on the vote concerning the delegate plan. Young’s letter to the RBC cited Hodges’ complaint, another party member, alleging the state party purged at-large members because of their race, ethnicity and other identifying factors.

Fallin said it was “insulting” that they were being accused of discrimination and exclusion, because “nothing is true.”

Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and Twitter.