Lawsuits

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That strong New York Times #ChurchToo horror story -- with clues pointing to big SBC issues

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Throughout the 16-plus years that GetReligion has been around, I have received emails asking why the mainstream press has focused on clergy sexual abuse cases in the Church of Rome, but not abuse cases in liberal and conservative Protestant flocks.

That’s an important question and one that looms over the intense media coverage we are currently seeing — with good cause — at the Southern Baptist Convention meetings in Birmingham (click here for Bobby Ross Jr. round-up on preliminary coverage).

That is also the subject at the heart of a gripping #ChurchToo feature at The New York Times — “Her Evangelical Megachurch Was Her World. Then Her Daughter Said She Was Molested by a Minister” — linked to SBC debates about sexual abuse. It’s a solid, deep story about one controversy in a powerful congregation and it contains clues pointing toward larger issues that will, eventually, have to be covered in the national press.

You see, there are reasons that SBC leaders — the ones who truly want to act — have struggled to come up with a one-plan-fits-all proposal to crack down on the monsters in their midst. To understand why, I want to flash back to an important Joshua Pease essay that ran a year ago at The Washington Post. Here’s my commentary about that: “ 'The Sin of Silence' in The Washington Post: It's easy to hide sin in an independent-church maze.”

The following chunk of the Pease essay is long, but essential for those who want to understand the larger issues that lurk in the painful new piece at the Times.

Without a centralized theological body, evangelical policies and cultures vary radically, and while some church leaders have worked to prevent abuse and harassment, many have not. The causes are manifold: authoritarian leadership, twisted theology, institutional protection, obliviousness about the problem and, perhaps most shocking, a diminishment of the trauma sexual abuse creates – especially surprising in a church culture that believes strongly in the sanctity of sex. ...

The problem in collecting data stems, in part, from the loose or nonexistent hierarchy in evangelicalism. Catholic Church abusers benefited from an institutional cover-up, but that same bureaucracy enabled reporters to document a systemic scandal. In contrast, most evangelical groups prize the autonomy of local congregations, with major institutions like the Southern Baptist Convention having no authority to enforce a standard operating procedure among member churches.

Journalists: Please read that passage two or three times. The Southern Baptists have a real problem, here, and it’s not going to go away. It’s a theological problem, as well as a legal one.


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Baptists and bishops: Must-read pair of weekend thinkers from Russell Moore and J.D. Flynn

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Back in the religion-beat Good Old Days — roughly 1985-95 or hereabouts — religion-beat professionals in most American newsrooms could count on getting travel-budget money to cover at least two major events every year.

That would be the annual summer meeting of the national Southern Baptist Convention — prime years in the denomination’s civil-war era — and a meeting of the U.S. Conference of Catholic bishops, where some progressives were wrestling with Pope St. John Paul II and there were rumblings about a massive sexual-abuse scandal among priests and bishops.

Along with meetings of the Religion Newswriters Association, these were the dates on the calendars when the pros could get together and talk shop over a few modest meals/drinks on the company dime.

Well, those meetings roll on, of course, and continue to make news. A few reporters get to attend these major events, since they represent newsrooms that are (a) still quite large, (b) led by wise editors or (c) both. Lots of others scribes (speaking for a friend) catch key moments via streaming video, smartphone connections and transcripts of major speeches and debates.

With that in mind, here is a double-dose of weekend think-piece material linked to these two events which will take place in the next week or so in Birmingham, Ala., and Baltimore. Some people get barbecue and some get crab cakes.

First up, an essay by a key SBC voice, the Rev. Russell Moore of Beltway land, entitled: “10 Things I Wish Everyone Knew About Southern Baptists.” There are some important topics early on (“Westboro Baptist Church isn’t one of us” and “There are some things in our past we’re ashamed of”) but the most important info comes near the end, in terms of topics currently in the news. For example:

#8. We’re more ethnically diverse than you might think.

Among the fastest growing demographics in the Southern Baptist life are African-American, Hispanic, and Asian-American congregations. The most vibrant of our churches often include many languages and ethnic groups.


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Los Angeles Times updates Scouting abuse: Religion angles? What religion angles?

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Journalists who have covered decades worth of stories linked to the sexual abuse of children and teens by Catholic clergy know that there are church leaders and laity who believe all or most discussions of this topic are fueled by some form of anti-Catholicism.

Yes, these in-denial Catholics are out there. Editors will hear from them.

But, in my experience, most Catholics who complain about news coverage of this hellish subject do not attempt to deny the size or the severe nature of this crisis and, especially, they want more digging into topics linked to the sinful and illegal cover-ups of these crimes.

So what angers these Catholics?

Truth is, they want to know why so much of the news coverage seems to assume that this is a CATHOLIC problem — period. They want to know why there isn’t more ink spilled (and legislation passed) that addresses these scandals in a wider context that includes at least three other groups — public schools, other religious bodies and the organization previously known as the Boy Scouts of America.

This brings us to a giant Los Angeles Times update on documents linked to the Scouts and years fog and confusion surrounding adults abusing Scouts. As this story makes clear, the Times has played a large role in dragging lots of this information out into the open. It’s strong stuff.

When I saw this story (behind the usual firewall), I wondered: Is this story going to offer some kind of perspective on how the Scouting scandal, and even public-school cases, compare with the Catholic scandal. Also, will it get into the religious implications of the Scouting scandals, in terms of how religious groups — hosts for many, many Scouting operations — have responded?

The answer to that: No.

We will come back to that. First, here is the overture:


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That latest Pat Robertson juridical quote: Journalists may want to note these interesting facts

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It’s really hard for the mainstream press to consider someone crazy and wise at the same time. Then again, the Rev. Pat Robertson is not your normal public figure, is he?

This aging patriarch of the old Religious Right frequently provides one-liners that shoot straight into the headlines, as well as the monologues of late-night political humorists. He is gifted at that, and journalists have long welcomed opportunities to quote him as a defining voice in conservative American Christianity, even as his clout has declined and evangelicalism has become much more complex.

So now we have headlines about Robertson opposing an abortion law. Is that crazy, or what?

It’s a laugh to keep from crying equation. For more background on that, see this piece — “Excommunicating Pat Robertson” — that I wrote long ago for the ethics team at Poynter.org.

I’m not a Robertson fan, obviously. However, I do think that journalists may — from time to time — want to note one or two interesting facts in his background, other than pinning the “televangelist” label on him and then moving on. (Anyway, he’s more of a “religious broadcaster,” as opposed to being an “evangelist” in the traditional meaning of that word.)

We will come back to that topic — overlooked facts in the Robertson biography — in a moment. First things first: Why is he back in the news?

Well, there is this USA Today headline to consider, among many: “Televangelist Pat Robertson: Alabama abortion law 'has gone too far,' is 'ill-considered'.” Here’s the top of that report:

Longtime televangelist Pat Robertson, who opposes abortion, criticized Alabama's near-total abortion ban that on Wednesday became the nation's most restrictive and one expected to face legal challenge.

"I think Alabama has gone too far," Robertson said Wednesday on "The 700 Club" before the bill was signed into law by Alabama's Republican Gov. Kay Ivey. "It's an extreme law."


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SCOTUS debates heat up on death penalty, religious liberty: What word is missing here?

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To cut to the chase: I have just returned from a long eye exam (things are OK) and focusing on a computer screen is not going to be easy for several hours.

So let’s make this a quick post. OK?

What we have here is your basic Washington Post law-and-politics story, one running under the headline: “Last-minute execution decisions expose wide and bitter rift at Supreme Court.”

The death penalty is, of course, a hot-button issue linked to debates involving religion and morality, as well as political and legal realities. Here is the opening of this report:

The Supreme Court meets in private to decide last-minute pleas from death-row inmates to stop their executions, and what happens behind the maroon velvet curtains often stays behind the maroon velvet curtains.

But that changed Monday, with justices issuing a flurry of explanations and recriminations on cases decided weeks ago. The writings named names and exposed a bitter rift among members of the court on one of the most emotional and irreversible decisions they make.

Decisions on last-minute stays usually come with only a minimum of reasoning. But three justices issued a set-the-record-straight opinion that took aim at one of Justice Stephen G. Breyer’s dissents from a month ago. Breyer had said that the court’s conservatives deviated from “basic principles of fairness” in refusing to take more time to consider the plea of an Alabama murderer, Christopher Lee Price, who had asked to be executed by inhaling nitrogen gas rather than risk a “botched” lethal injection.

“There is nothing of substance to these assertions,” wrote Justice Clarence Thomas, joined by Justices Samuel A. Alito Jr. and Neil M. Gorsuch. They said that Breyer’s reasoning, which was joined by the court’s three other liberals, “does not withstand even minimal legal scrutiny.”

Now, since my eyes are under the weather, let’s let GetReligion readers look through this story through a media-criticism lens.

This story contains a lot of religion, since the court cases here involve Buddhist and Muslim prisoners and their First Amendment rights. Think religious liberty issues, without the “scare quotes.”


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No First Amendment? In Canada, calling a trans woman a 'biological' man is hate speech

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Whenever I’m looking for news about religion that’s beyond weird, I only have to look north across the border to the latest oddity happening in western Canada.

Canada doesn’t have freedom of speech in the same way we enjoy it down here. Its constitution gives its citizens the right to free speech with “reasonable limits” and its Human Rights Act prohibits the “communication of hate messages.”

And so, if you call a trans woman up there a “biological male,” that can be construed as hate speech, which is what led to a Christian activist getting fine $55,000. We’ll start with what the Toronto Star wrote last week about all this:

VANCOUVER—A Vancouver human-rights tribunal has ruled there’s no room for public debate about whether transgender people are who they say they are.

Well-known trans advocate Morgane Oger filed the complaint against Christian activist Bill Whatcott after he distributed flyers disparaging her for being a trans woman…

The flyers Whatcott distributed described Oger as a “biological male” and a “transvestite” who is “embracing transgender propaganda and trying to live a lie.” They referenced Oger’s pre-transition name alongside a photo of her before she transitioned.

The flyers were distributed in the Vancouver-False Creek riding in 2017 when Oger was running for office with the B.C. NDP.

Oger’s human-rights complaint said the flyers were discriminatory and hateful. Whatcott denied the allegations, asserting that his freedom of speech and religion entitled him to publish his views on Oger…

Oger said she is relieved by the decision but is also feeling emotionally drained, having just read through the decision before speaking with the Star.

“I am really so happy, that in a tribunal, using the law, we finally put it down that someone publishing hateful material that says that a transgender woman is a man, got in trouble,” she said.

Now think about that. Is it hateful to merely say a trans woman is a bio male? The Toronto Star and the Vancouver Star seem to be interchangeable, by the way and the same reporter who wrote the above story also wrote this thinly disguised editorial celebrating the end of “transphobia.” There is not a contrary view to be found anywhere in it.

But hey, who needs objectivity above the 49th parallel? And what exactly did Whatcott say? I had to go to the (Vancouver) CityNews to find out:


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Big trend piece to consider: Could the Catholic church in New York file for bankruptcy?

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The 2005 Pulitzer Prize-winning (and Tony Award-winning) play Doubt: A Parable is a fictional account that pits a progressive priest against a conservative nun. The plot involves allegations of sex abuse and a nun’s belief that he has engaged in some improper behavior after summoning the boy alone to the rectory. With no actual proof that Father Brendan Flynn is guilty of any crime, the priest’s fate is sealed and the audience is left with its own doubt about what may or may not have happened.

It was Mark Twain who famously said, “Truth is stranger than fiction.” In the case of the Catholic church these days, the takeaway from Doubt is something that can also be applied to the case of Australian Cardinal George Pell and New York’s recently-passed Child Victims Act. How are the two related? It’s something that could very well become a major story starting this summer.

Let’s start with Pell. As Julia Duin noted in this space, Pell was convicted in an Australian courtroom on charges he sexually abused two male altar boys about 20 years ago when he was archbishop of Melbourne on several occasions following Sunday Mass.

Pell’s lawyers argued their client had been surrounded by other clergy after Mass and that the sexual acts he’s accused of performing would have been impossible considering the complex layers of liturgical vestments he would have been wearing. Guilty verdict aside, the case was made even crazier when in December the judge issued a gag order — a blanket ban that said details of the trial could not be published — out of concern it could influence the jury in a second trial awaiting Pell. It was largely ignored, especially by news organizations outside Australia.

Whether Pell was found guilty because of anti-Catholic bias is one theory, but the overall takeaway here — editors and reporters take note — is that this case may serve as a bellwether of more to come.

Even in New York? In January, the New York state legislature and Gov. Andrew Cuomo, when not busy passing a law making it easier for abortions to take place in the third trimester, signed the Child Victims Act.

Under the new law, victims who survived sex abuse will be able to file civil lawsuits against abusers and institutions until they are 55 years old. The current law permits victims to sue until they are 23. The sticking point — and one the Catholic church had been fighting against for years — is a “look-back window” for victims who were previously prohibited by the statute of limitations to sue during a one-year period. This is where the Pell issue and “recovering memories” (which sometimes can trigger false memories) comes into play.


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Is Cardinal Pell a perpetrator or victim? Aussie media keep wavering between the two

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Ever since Australia’s Cardinal George Pell was convicted of child abuse, the journalism folks Down Under have been split on if he’s actually guilty or whether he’s the target of a vicious anti-Catholic campaign.

Reaction to his conviction and jailing (the sentencing isn’t until March 13), has rippled across the Pacific, prompting Ethics and Public Policy scholar George Weigel (writing at First Things) to call the Pell affair “our Dreyfus case.”

(Capt. Alfred Dreyfus was a French Jew and a military man who was wrongly pilloried and imprisoned in 1894 on charges of selling secrets to the Germans. He was declared innocent in 1906, but the matter was considered as barbaric anti-Semitism on the part of the French. The conflict tore at the heart of French society.)

I’ll get back to Weigel in a moment but first I want to quote from a piece BBC recently ran on all this.

Cardinal George Pell is awaiting sentencing for sexually abusing two boys in 1996. The verdict, which he is appealing against, has stunned and divided Australia in the past week.

It has sparked strong reactions from the cardinal's most prominent supporters, some of whom have cast doubt on his conviction in a wider attack on Australia's legal system.

The largely conservative backlash features some of Australia's most prominent media figures, a university vice-chancellor and a leading Jesuit academic, among others.

Former prime ministers John Howard and Tony Abbott also continue to maintain their public support for the ex-Vatican treasurer.

The reporter then reports on her visit to St. Mary’s Cathedral in downtown Sydney where the parishioners predictably claimed that Pell is innocent. The reporter then interviews another journalist who has an obvious vested interest in Pell (notice the book title) being guilty.

Such stances have caused profound hurt to survivors, says ABC journalist Louise Milligan, author of the book Cardinal: The Rise and Fall of George Pell.

"I've been contacted by many, many Australian Catholics who are devastated by the way the Church is handling this issue," Milligan told the BBC.

"They are also greatly upset that political leaders continue to side with a convicted paedophile — and that is what Pell is, a convicted paedophile — over his vulnerable victim and the grieving family of his other victim." (One victim died of a drug overdose in 2014.)

The article then swings back to Pell’s defense.


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Another Masterpiece Cakeshop chapter closes, with a bland AP report that skips hot details

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It’s another day and we have yet another chapter closing in the First Amendment drama of Jack Phillips and his Masterpiece Cakeshop.

Is this the last chapter?

That’s hard to tell. It’s especially hard to tell in the bland Associated Press report that is being published by many mainstream newsrooms. While the story does mention that Phillips has won another partial victory, it misses several crucial details that point to the anger and animus that has been driving this case all along and could keep it going.

“Animus” against Phillips and his traditional Christian faith was, of course, at the heart of the U.S. Supreme Court’s sort-of decision on this matter, but, well, never mind. Why cover that part of the story?

So here is the latest from AP:

DENVER (AP) — A Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stance partially upheld by the U.S. Supreme Court — and state officials said Tuesday that they would end a separate legal fight over his refusal to bake a cake celebrating a gender transition.

Colorado Attorney General Phil Weiser and attorneys representing Jack Phillips said they mutually agreed to end two legal actions, including a federal lawsuit Phillips filed accusing the state of waging a “crusade to crush” him by pursuing a civil rights complaint over the gender transition cake.

Phillips’ attorneys dubbed the agreement a victory for the baker. Weiser, a Democrat, said both sides “agreed it was not in anyone’s best interest to move forward with these cases.”

So what about the future? Here is what readers are told:

The agreement resolves every ongoing legal dispute between the owner of Masterpiece Cakeshop in suburban Denver and the state. Weiser’s statement said it has no effect on the ability of the Denver attorney who filed a complaint with the Colorado Civil Rights Commission to pursue her own legal action.

The attorney, Autumn Scardina, told the commission that Phillips refused last year to make a cake that was blue on the outside and pink on the inside for a celebration of her transition from male to female. She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips’ appeal of a previous commission ruling against him.

The lede for this story, as is the mainstream news norm, fails to note the key facts that were at the heart of the original case.


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