Church & State

National Review offers in-depth look at BYU's religious freedom and media conference

It's summer, which means that your GetReligionistas -- like many other folks -- are spread out all over the place.

One or two are outside of the United States (think rainforests) and others are on the move for family reasons, etc. In a week or so, I head over to Prague for lectures during this summer's European Journalism Institute.

Like I said, it's summer and these things happen, creating occasional gaps in what we publish.

So, instead of a Friday Five collection from Bobby Ross, Jr., let's flash back a bit to his round-up about the religious freedom and journalism event that recently took Ross, and me, out to the law school at Brigham Young University in Provo, Utah. Click here to flash back to Bobby'r Friday Five wrap on that.

In the weeks ahead, speeches and panels from that event will go online. You really, for example, want to see the keynote speech in the media track, by Emma Green of The Atlantic. Watch updated versions of this space and this one, too, as the links go live. Here is a Facebook link for the "Getting It Right" panel shown in the tweet at the top of this post.

Now, if you want to read an extended piece about this conference, click here for the National Review feature -- by Utah-based scribe Betsy VanDenBerghe -- that just ran with this headline: "Religious-Freedom and LGBT Advocates Offer Rare Lessons in Pluralism." Here is the overture:

In late June, as the United States descended into a high-combustion immigration debate marked by a degree of rancor extraordinary even for an era characterized by discord, an alternate universe quietly unfolded in which cultural-political rivals of goodwill came together to discuss an equally contentious issue: the tension between religious freedom and LGBT rights.

Resuscitating such old-school notions as common ground and fairness for all, the fifth Religious Freedom Annual Review, hosted by the Brigham Young University International Center for Law and Religion Studies in Provo, Utah, gathered legal scholars, LGBT advocates, journalists, and concerned Christian, Jewish, and Muslim leaders to grapple over court cases, questions about higher education and journalistic fairness, and -- surprise! -- common feelings of vulnerability.



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Tick, tick, tick: Will Donald Trump play the 'handmaiden' card, lighting a SCOTUS fuse?

Tick, tick, tick: Will Donald Trump play the 'handmaiden' card, lighting a SCOTUS fuse?

The clock is ticking and the news coverage is heating up. At this point, for religion-beat pros, there's only one question that matters: Will Donald Trump GO THERE? Will he nominate the "loud dogma" candidate who will make heads explode in the liberal Catholic and secular politicos camps? We are, of course, talking about Judge Amy Coney Barrett. 

However, there is a rather cynical possibility linked to this story, an angle explored in this week's "Crossroads" podcast. Click here to tune that in.

You see, Trump needs to fire up voters for the midterm elections. In particular, he needs evangelical Protestants and pro-Catechism Catholics to turn out in droves, to help rescue the GOP from, well, Trump's unique ability in infuriate half of America (especially in elite zip codes and newsrooms).

So what if he nominated Barrett and let the blue-culture masses go crazy?

What if he unleashed that storm, knowing that the moral, cultural and religious left will not be able to restrain itself?

What a scene! Remember the hearings long ago for Justice Robert Bork -- the SCOTUS seat eventually taken by one Judge Anthony Kennedy -- and this famous speech by the late Sen. Ted Kennedy, speaking for the Catholic left and cultural liberals everywhere?

Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.

So what would that sound like today, if Barrett has to face her critics once again?

CNN legal analyst Jeffrey Toobin has already prepared that script, in a piece for The New Yorker, describing this future nightmare court:

It will overrule Roe v. Wade, allowing states to ban abortions and to criminally prosecute any physicians and nurses who perform them. It will allow shopkeepers, restaurateurs, and hotel owners to refuse service to gay customers on religious grounds.


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The New York Times 'reports' on an old mantra: Free speech for me, but not for thee

If you are a journalist of a certain age, as well as an old-guard First Amendment liberal, then you remember what it was like trying to get people to understand why you backed ACLU efforts in 1978 to defend the rights of a neo-Nazi group to march through Skokie.

Clearly this march was going to cause pain and emotional suffering, since that Chicago suburb included many Holocaust survivors. But First Amendment liberals stood firm.

If you grew up Southern Baptist in the Bible Belt, it was also hard to explain why you thought Hustler magazine had the right to publish a filthy, sophomoric satire of the Rev. Jerry Falwell, including a fake claim that he had committed incest with his mother in an outhouse.

That case went to the U.S. Supreme Court. As a New York Times report at the time noted, this Hustler piece was clearly satire and the First Amendment wasn't supposed to protect people from feeling offended or even abused by voices in the public square.

The central legal issue is whether, in the absence of the kinds of false statements purporting to be fact on which libel suits are based, a public figure like Mr. Falwell should be able to win damages from a publication that intentionally causes emotional distress through ridicule, tasteless or otherwise.

Several Justices suggested they were grappling with a conflict between the freedom of the press to carry on a long tradition of biting satire, and what Justice Antonin Scalia called the concern that ''good people should be able to enter public life'' without being exposed to wanton abuse in print.

I remember, back then, liberals saying they would be quick to defend the First Amendment rights of conservatives who spoke out on tough, tricky and even offensive issues.

This brings me to one of the most Twitter-friendly stories of this past weekend, a Times report that ran with this rather blunt headline: "Weaponizing the First Amendment: How Free Speech Became a Conservative Cudgel." It's amazing how little religious content is in this report, in light of waves of religious-liberty fights in recent years.

If you are looking for the thesis statement or statements in this article -- which I think was meant to be "news," not analysis -- here it is: 

... Liberals who once championed expansive First Amendment rights are now uneasy about them.



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Beyond Roe, Bork and Trump: Can Americans find a way to discuss hot moral issues?

I am old enough that I can -- if I focus my mind really hard -- remember what our public discourse was like before the Supreme Court became the only issue in American politics that really, ultimately, mattered.

How did America become a nation in which dialogue and compromise is impossible? Why is the U.S. Supreme Court always ground zero on all of this? What role is the mainstream press playing in this painful equation, especially when covering news linked to religious, moral and cultural clashes?

These kinds of questions are at the heart of this week's "Crossroads" podcast (click here to tune that in), which focuses on the painful state of political life in this age of Donald Trump, an age in which the status of the high court is even more controversial than ever, with Kennedy's retirement serving as another fuse on this bomb. 

But let's back up a minute, to when old folks like me were young. 

Yes, the 1960s were wild times, of course. The war in Vietnam was incredibly divisive and the nation was rocked by assassinations. Tragic divisions over race were real and could not be ignored. 

Still, everything changed for millions of Americans on Jan. 22, 1973. From that moment on the status of Roe v. Wade -- political wars over defending or overturning that decision -- loomed over every nomination to the U.S. Supreme Court and every presidential election, as well. 

Then came October 23, 1987 and the vote on the nomination of Judge Robert Bork to the high court. Bork was a former Yale Law School professor (former students included Bill Clinton and Hillary Rodham) who embraced and taught originalism -- the legal theory that the U.S. Constitution should be interpreted as written by the founders.

If you want to catch the flavor of the debate over Bork, here is the famous statement by Sen. Ted Kennedy: 



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Is the open U.S. Supreme Court seat a religion story? Do we even need to ask that?

If you live in Washington, D.C., or have sojourned there in the past, then you know that a high percentage of folks in the Beltway chattering classes wake up every morning with a dose of Mike Allen.

This was true in his "Playbook" days at The Politico and it's true now that he has moved on to create the Axios website, which is must-reading in this troubled Donald Trump era.

So if you want to know what DC folks are thinking about -- after King Anthony Kennedy announced his retirement from the U.S. Supreme Court -- then it's logical to do a quick scan of Allen's punchy offerings today in the "Axios AM" digital newsletter (click here to see it in a browser). At this here weblog, that means looking for religion-beat hooks. It doesn't take a lot of effort to find them. For example:

Behind the scenes: Trump doesn’t personally care that much about some of the social issues, such as LGBT rights, energizing the Republican base over the Supreme Court.

But Trump knows how much his base cares about the court. He believes that releasing his list of potential court picks during the campaign was a masterstroke, and helped him win.

What part of the GOP base is Allen talking about? That's obvious. However, journalists covering this angle really need to see if many cultural conservatives are all that interested in rolling back gay-rights victories at the high court.

Most of the people I know understand that this ship has sailed, in post-Christian American culture, and they are primarily interested in seeing a strong court decision defending some kind of conscientious objection status and/or a clear rejection of government compelled speech and artistic expression. In other words, they would like to see an old-school liberal ruling on First Amendment grounds.

As I have said here many times, I know very, very few religious conservatives who wanted to vote for Trump. However, I heard lots of people say something like this: I don't know what Donald Trump is going to do. But I do know what Hillary Rodham Clinton is going to do. I'm going to have to take a risk. They were talking about SCOTUS and the First Amendment.

Back to Allen:


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Two prominent namers of names inside DC Beltway warrant in-depth religion profiles

Justice Anthony Kennedy’s Supreme Court retirement throws the spotlight on one of the most influential players in Washington, D.C., when it comes to deciding what individuals inhabit the centers of power.  

We are talking about Leonard Leo, executive vice president of the Federalist Society and the go-to guy for names of federal court appointees when Republicans rule the White House.

Alongside Leo, journalists should also be taking a close look at another Republican networker and talent-spotter, Kay Coles James, as of January the president of the Heritage Foundation. Both are devout Christians, a fact the media have reported. But few reporters have explored that aspect of their life stories in any depth, allowing good prospects for fresh, religiously themed features or interviews.

The Federalist Society, where Leo has worked since 1991, boasts a constituency of some 65,000 conservative attorneys, jurists, and law school students. Justice Neil Gorsuch, who provided the pivotal vote in three important 5-4 Supreme Court rulings this week, was on the lists from which candidate Donald Trump promised to choose his Supreme Court nominees in an unprecedented campaign gambit.

Trump’s prime resource in choosing those names was Leo, as recounted in New Yorker profile by Jeffrey Toobin last year. Toobin says Leo “has met and cultivated almost every important Republican lawyer” of this generation. In addition to Gorsuch, he was the man behind the appointments of Chief Justice John Roberts and Justice Samuel Alito.

Leo was the chief Catholic strategist for George W. Bush’s re-election in 2004 and co-chaired Catholic outreach for the Republican National Committee. (The Religion Guy covered for The AP his briefing of Catholic delegates attending the party’s New York City convention.) Despite that partisan affiliation, President Barack Obama along with leaders of both parties in Congress appointed him to chair the U.S. Commission on International Religious Freedom.

Leo tries to attend daily Mass when possible and his “faith is central to all he does,” says Conor Gallagher of the Benedict Leadership Institute.


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Double standard? Religious animus? Five links to help dissect SCOTUS ruling on Trump's travel ban

How does the much-discussed Masterpiece Cakeshop case relate to this week's long-awaited U.S. Supreme Court ruling on President Trump's ban on travel from five Muslim-majority countries?

Astute journalists — including Godbeat pros — immediately tackled that key question after the court's 5-4 decision Tuesday. 

Two key words in the best coverage: religious liberty.

More on that in a moment. But first, a little background: Speaking at the Religious Freedom Annual Review at Brigham Young University in Provo, Utah, last week, law professor Thomas Berg drew a connection between the two recent cases.

These days, many support some people's religious freedom — be it that of conservative Christians or Muslim immigrants — but the same folks tend not to have sympathy for the other side, said Berg, who teaches at the University of St. Thomas in Minnesota.

He added on Twitter:


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New York Times shows how to do a religion-free report on campus First Amendment wars

Here is my journalism question for today: How does one cover the First Amendment debates that are rocking college campuses across the United States without running into religious issues and religious believers?

I realize that many issues at the heart of these debates are "secular" and "political." However, many of them are not -- especially when one focuses on the beliefs that drive the actions of morally and culturally conservative activists.

There are "secular" activists who oppose the current structure of American laws on abortion, including issues such as abortion linked to gender selection, Down syndrome, the viability of the unborn child, etc. In my experience, however, these debates almost always include religious believers from a variety of traditions.

Then there are issues linked to marriage, family, gender and sexuality. Once again, there are "secular" voices on the traditional, but they are usually outnumbered by various kinds of religious activists.

I could go on and on, but I'll settle for one other example: How many "secular" campus groups are being punished because they don't want to open leadership posts to students who reject some of the groups' core doctrines?

This leads me to a recent New York Times piece that ran with this headline: "In Name of Free Speech, States Crack Down on Campus Protests."

This is a very interesting story about a crucial issue. However, there is a gigantic hole in the middle of it. Here at GetReligion, we would say that it's haunted by a "religion ghost." In other words, read this entire news feature and look for any sign of religious issues or the activities of religious groups or individual believers.

Once again, we see a familiar principle: Politics is the only reality. If people are arguing about free speech, then this is a "political" debate -- period. The First Amendment? That's a statement about politics -- period. There are no connections between freedom of religion and free speech and freedom of association. Here is the Times overture:


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Muslim reporter helps the Seattle Times grasp the complexity of Ramadan in schools

While zipping through the Seattle Times website for stories about religion, which are usually scarce, what should appear but a piece about how local schools are adapting to students who observe Ramadan while playing sports and attending graduation ceremonies.

The article showed an insider knowledge of local Muslims, a group most reporters would not have access to. It's pretty obvious when you are dealing with a reporter who is getting the details and facts right.

Investigating further, I saw one of the writers, Dahlia Bazzazz, is not only Muslim herself, but her family was from Iraq. She was born in Oregon, grew up close to my alma mater (Lewis & Clark College in Portland) and was editor-in-chief of the Daily Emerald, the student newspaper for the University of Oregon.

More recently, she’s been covering the education beat for the Seattle Times, which is how she came to write this:

As Renton High School seniors walked across the graduation stage on Wednesday, fellow graduate Sawda Mohamed stayed home with her family.

The 18-year-old had purchased her cap and gown, but earlier in the school year decided to skip the ceremony. Despite her mother’s protest, Mohamed described her choice as a fitting end to years of frustration she experienced in a school system she felt had little respect for her Muslim faith.

“Honestly, because everything I’ve dealt with in the past, just let it be,” Mohamed said earlier this week. “I bought the cap and gown for memories of the hard work and everything I accomplished, but it’s just not worth it at this point.”

This year, the most stressful time of the school year coincided with the holiest time for Mohamed: Ramadan, when Muslims abstain from food and drink from sunrise to sunset for a month in order to focus on spiritual growth, family and charity.


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