Lawsuits

As I head out the door: Online ordinations fight in Tennessee raises old church-state question

If you have read GetReligion for a while — several years at least — you know that when you see images of mountains in East Tennessee and North Carolina, that means that it’s finally vacation season at this here weblog.

Well, “VACATION” doesn’t mean that we close down. It just means that people come and go — not to be confused with Bobby Ross, Jr., heading to Texas Ranger games — so you may see business days with one or two posts instead of the usual three. But the cyber doors will never close. I’m about to leave my home office in one set of mountains (the Cumberlands) to hide away (near a WIFI cafe) for a couple of days in the Blue Ridge Mountains.

But before I go, let me point readers to a very interesting church-state story developing here in the Volunteer State, a story that raises a very important question that shows up in religion news every now and then. The headline: “Internet church sues Tennessee over law banning weddings by online-ordained ministers.”

That question is: What — in legal, not theological terms — is a “church”? Here is the overture, care of the Knoxville News-Sentinel:

A Seattle-based online church is suing the state of Tennessee over a new law that bars online-ordained ministers from performing weddings.

Universal Life Church Ministries filed the suit in the U.S. District Court for the Middle District of Tennessee. … The law, which states that "persons receiving online ordinations may not solemnize the rite of matrimony" was to go into effect July 1. But Chief District Judge Waverly Crenshaw scheduled a July 3 hearing in Nashville on the restraining order requested by ULCM attorneys. …

ULCM describes itself as a "non-denominational, non-profit religious organization famous worldwide for its provision of free, legal ordinations to its vast membership over the internet." It has ordained more than 20 million people, including singer-actress Lady Gaga, talk show host Stephen Colbert and actor Dwayne "The Rock" Johnson.

The bottom line is right here:


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U.S. Supreme Court launched a new church-and-state era last week. Follow-ups, please.

“Of making many books there is no end,” complains the weary author of the Bible’s Book of Ecclesiastes. And there’s no end to lawyers making many lawsuits trying to learn what the U.S. Supreme Court thinks the Constitution means when it forbids “an establishment of religion” by government.

Journalists should provide follow-up analysis of a new era in “separation of church and state” launched June 20 with the Court’s decision to allow a century-old, 40-foot cross at a public war memorial in Maryland. Importantly, we can now assess new Justices Neil Gorsuch and Brett Kavanaugh, who filed separate opinions supporting the cross display.

Actually, the nine justices produced a patchwork of eight separate opinions, which demonstrates how unstable and confused church-state law is.

Ask your sources, but The Guy figures the Court lineup now has only two flat-out separationists, Ruth Bader Ginsburg (age 86) and Sonia Sotomayor. While Samuel Alito managed to assemble five votes for part of his opinion, his four fellow conservative justices are unable to unite on a legal theory. Stephen Breyer and Elena Kagan seem caught halfway between the two sides.

Federal courts have long followed the “Lemon test,” from a 1971 Court ruling of that name that outlawed public aid for secular coursework at religious schools. Chief Justice Warren Burger’s opinion devised three requirements to avoid “establishment,” that a law have a “secular” purpose, “neither advances nor inhibits religion” and doesn’t foster “excessive government entanglement with religion.”

Kavanaugh declared that the Court has now effectively abandoned Lemon in favor of a “history and tradition test,” which permits some cherished religious symbols and speech in government venues despite the “genuine and important” concern raised by dissenters.


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The New York Times, Falwell, Trump and shady Florida real estate (Oh! And nude pictures!)

The New York Times, Falwell, Trump and shady Florida real estate (Oh! And nude pictures!)

Long, long ago, there was a time when few newspaper editors in Texan could resist an opportunity to put the words “Baylor” and “Playboy” in the same headline. Yes, we are talking ages ago — back in the 1970s and ‘80s when Hugh Hefner was still considered a player.

Baylor, of course, was the state’s most prominent Baptist institution. Playboy was Playboy. Clickbait didn’t exist, but everyone knew that combining “nude” and “Baptist” would draw cheers in secular newsrooms.

Why bring that up? It appears that the Donald Trump-era version of that editorial state of mind is a story that puts “Falwell” and “pool boy” in the same headline. Oh, and don’t forget the hyper-clickable words “nude pictures.” And prison-resident “Michael Cohen.” And alleged comedian “Tom Arnold.”

With those lowbrow ingredients, some New York Times professional showed remarkable self-control when writing this headline: “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen.”

During this week’s “Crossroads” podcast — click here to tune that in — I told host Todd Wilken that you can sense that this headline was supposed to be “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen, oh my!” You know there had to be some Times voices arguing in favor of including “Falwell” and “nude pictures.”

Days later, it’s remarkable how little traction this story has gained. So far, even The Drudge Report has resisted adding a racy headline about it. While liberal Twitter has gone loco (see some of the attached tweets), there hasn’t been a mainstream firestorm — which is what usually happens when a neo-tabloid tale of this kind is baptized into mainstream journalism by the holy New York Times. What’s going on here, in terms of journalism? Here at GetReligion I noted:

Everything begins and ends with politics, of course, even in a story packed with all kinds of sexy whispers and innuendo about personal scandals. …

Basically, this story is built on real estate and court documents (that’s the solid stuff), along with a crazy quilt of materials from sources like Cohen, reality-TV wannabe Arnold, BuzzFeed and a pivotal anonymous source (allegedly) close to Falwell who readers are told next to nothing about, even though he/she is crucial to this article’s credibility.

In social media, lots of folks have simply led their imaginations run wild.


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Gray Lady goes neo-tabloid: Evangelicals, Trump, Falwell, Cohen, Tom Arnold, 'cabana boy,' etc.

I think that it’s safe to say that Jerry Falwell, Jr., has had a rough year or two.

I don’t say that as a cheap shot. I say that as someone who has followed the adventures of the Falwell family and Liberty University with great interest since the early 1980s, when elite newsrooms — The New Yorker came first, methinks — started paying serious attention to the late Rev. Jerry Falwell.

Of course, there is a good reason for political reporters and others to dig into Falwell, Jr., affairs. His early decision to endorse Donald Trump, instead of Sen. Ted Cruz, helped create the loud minority of white evangelicals who backed The Donald in early primaries. Without them, including Falwell, Trump doesn’t become the nominee and then, in a lesser-of-two-evils race with Hillary Clinton, squeak into the White House.

So that leads us to a rather interesting — on several levels — piece of neo-tabloid journalism at the New York Times, with this headline: “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen.” The “evangelical,” of course, is Falwell.

Everything begins and ends with politics, of course, even in a story packed with all kinds of sexy whispers and innuendo about personal scandals. Thus, here is the big summary statement:

Mr. Falwell — who is not a minister and spent years as a lawyer and real estate developer — said his endorsement was based on Mr. Trump’s business experience and leadership qualities. A person close to Mr. Falwell said he made his decision after “consultation with other individuals whose opinions he respects.” But a far more complicated narrative is emerging about the behind-the-scenes maneuvering in the months before that important endorsement.

That backstory, in true Trump-tabloid fashion, features the friendship between Mr. Falwell, his wife and a former pool attendant at the Fontainebleau hotel in Miami Beach; the family’s investment in a gay-friendly youth hostel; purported sexually revealing photographs involving the Falwells; and an attempted hush-money arrangement engineered by the president’s former fixer, Michael Cohen.

The revelations have arisen from a lawsuit filed against the Falwells in Florida; the investigation into Mr. Cohen by federal prosecutors in New York; and the gonzo-style tactics of the comedian and actor Tom Arnold.

Basically, this story is built on real estate and court documents (that’s the solid stuff), along with a crazy quilt of materials from sources like Cohen, reality-TV wannabe Arnold, BuzzFeed and a pivotal anonymous source (allegedly) close to Falwell who readers are told next to nothing about, even though he/she is crucial to this article’s credibility.

One key anonymous source? That’s right.


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Friday Five: SBC wrap-up, Catholic hotline, #ChurchToo, abuse lawsuits, cult ranch, VeggieTales

Southern Baptists in Birmingham. Roman Catholics in Baltimore.

Clergy sexual abuse scandals, obviously, high on the agendas in both places. Lots of reporters in the house, in both places.

Yes, the annual meeting of the nation’s largest Protestant denomination and the spring general assembly of U.S. Catholic bishops made lots of headlines this week.

So we better dive right into the Friday Five:

1. Religion story of the week: The Tennessean’s Holly Meyer has a nice wrap-up of the SBC meeting, reporting on three ways churches will tackle abuse after the meeting.

The Washington Post’s Sarah Pulliam Bailey also has an interesting roundup, explaining that while the SBC took action, some question whether it’s enough.

Meanwhile, the Post’s Julie Zauzmer and Michelle Boorstein delve into the pros and cons of the Catholic bishops’ decision to create a hotline for reporting abuse.

Some of the GetReligion posts on the Baptists and Catholics this week:


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Matt Chandler's Southern Baptist Convention 'interview' shows how not to deal with bad press

Earlier this week, tmatt wrote about and spotlighted a New York Times bombshell about what certainly appeared to be the cavalier approach a major Southern Baptist megachurch took to dealing with a sexual predator in its midst.

A summation of the Times piece is further down in my post, but the damage done by this article was so extensive that the Rev. Matt Chandler, the pastor, broke away from his sabbatical to fly to Birmingham in an attempt to salvage his reputation. He showed up at a lunch meeting of Baptist pastors to answer questions from an emcee but — here’s the key — not to take questions from the audience.

The video of that “interview” is atop this piece. It’s a headshaker and a perfect example of how way too many religious leaders think journalism is supposed to be public relations. The pastor’s first sentence out of the blocks is, “I’m here because I don’t want what we’re trying to do to lose momentum and steam.”

It’s not “I’m concerned for the victim and her family,” or “I feel we messed up and I want to apologize,” but no, he doesn’t want to derail his church’s expansion plans. (Additional note - it’s been pointed out to me that Chandler was referring to movement within the SBC for a meaningful resolution on the abuse issue, not about his church’s future, so I stand corrected there.)

The Times reporter who’d broken the story tweeted that she planned to attend the pastor’s appearance. I still haven’t found out whether she managed to nab him in the hallway beforehand or afterwards.

She did run this piece on his speech:


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Big journalism question: Would new U.S. bishops hotline have nabbed 'Uncle Ted' McCarrick?

I have talked to quite a few Catholics in the past year — laypeople and journalists, mainly — and I have read quite a bit of commentary by Catholic clergy and other insiders.

There are two questions that I keep running into over and over. Both are relevant in light of the vote by U.S. Catholic bishops to create a third-party anonymous hotline that will handle accusations of misconduct by bishops, archbishops and cardinals. Here is a Crux summary of that:

The reporting system will be managed by an independent body that will receive complaints that will be reported to the metropolitan (or regional) archbishop who, in accordance with Pope Francis’s new ‘motu proprio’, Vos estis lux mundi (“You are the light of the world”), is responsible for investigating claims against bishops.

Vos estis requires that local bishops’ conferences must establish a “public, stable and easily accessible” system for submitting abuse claims and also that the reports are sent to the metropolitans (or their senior suffragans if the report is against the metropolitan). In the United States, there are 32 territorial archdioceses (or metropolitans).

Here is the lede on the Washington Post story about that vote, which includes a blunt paraphrase of one possible implications of this decision, in terms of enforcement:

The U.S. Catholic bishops voted … to create the first national hotline for reporting sexual abuse committed by or mishandled by bishops. But they specified that the hotline send reports directly to other bishops, essentially demanding that the leaders of the scandal-plagued church police themselves instead of turning toward outside authorities.

Hold that thought.

This brings me back to the two questions that have haunted me over the past year. (1) Would abuse accusations against former cardinal Theodore “Uncle Ted” McCarrick have reached the public without the existence of the Lay Review Board in the Archdiocese of New York? (2) Would the New York Times have published its bombshell stories about McCarrick — one of the most powerful U.S. Catholics ever, in terms of media clout — without the knowledge that this Lay Review Board existed and could report its findings?

The bottom line: Why is the involvement of laypeople such an important factor in the McCarrick story?


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Kick 'em out? Southern Baptists seek ways to fight sexual abuse in autonomous local churches

Before we take a look at what appears to have been the key development at this year’s Southern Baptist Convention, let’s pause and discuss a few matters linked to how America’s largest non-Catholic flock does business.

One of the first things reporters learn (.pdf here), when they show up at national SBC gathering, is that the people attending are not “delegates” — they are “messengers” from local churches. Again, this is a sign of the degree to which Baptist identity is built on church authority residing in autonomous local congregations. The Southern Baptist Convention is a convention that exists when it is in session. It can vote to create a publishing house, or mission boards or an “executive committee” to do specific tasks in between conventions.

But SBC folks get testy when reporters assume that Southern Baptists are supposed to be organized like Presbyterians, Methodists or, heaven forbid, Episcopalians. What makes SBC meetings so wild is that all kinds of people in that big room can grab a floor microphone. With that in mind, let’s look at a crucial part of a New York Times story, focusing on efforts to handle sexual-abuse issues:

Thousands of pastors voted late Tuesday afternoon to address the problem in a concerted way for the first time, enacting two new measures they say are a first step to reform. Outside the arena where they were gathered, victims and their families protested what they considered an inadequate response.

The pastors voted to create a centralized committee that would evaluate allegations against churches accused of mishandling abuse. They also approved an amendment to their constitution that would allow such churches to be expelled from the convention if the allegations were substantiated.

“Protecting God’s children is the mission of the church,” the denomination’s president, J.D. Greear, said on Tuesday morning as he addressed the gathering. “We have to deal with this definitively and decisively.”

Wait a minute. SBC “pastors” voted to take these steps? Since when are all of the SBC “messengers” pastors?

The Times should correct that error immediately. It appears that the same mistake showed up in a 2018 Times story and I missed it at that time. As in:


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USA Today: Can a state allow an adoption agency to discriminate on the basis of religion?

I’m always amazed how, once news organizations discover an ultra-conservative religious group, they treat it as so much fresh meat to be chomped on again and again.

Such is Miracle Hill, a Christian foster care and adoption agency in South Carolina that is getting endless coverage about how biased and crazy it is to only allow Protestants to adopt kids through this organization.

I wrote about them last fall when other media were going after Miracle Hill and how the local paper, The Greenville News, explained there are 10 other adoption agencies in the state that take all comers.

Yet, in USA Today, we’re hearing about Miracle Hill again, this time the target of the ire of a Catholic mom.

Aimee Maddonna, 34, a South Carolina mother of three, was turned away by a state-funded foster care agency because she is Catholic.

Maddonna went to Miracle Hill Ministries in Greenville, the state’s largest foster care outlet, asking to volunteer in hopes of one day becoming a foster parent. But the initial screening was cut short after she was asked the name of her church.

“I said, ‘Our Lady of the Rosary,’ and her exact words were, ‘You sound like you’d be the perfect mentor, but we only accept Protestant Christians.”

“Saying that the majority of the population is not suitable only because of their religion ... that’s archaic,” Maddonna said.

There are serious church-state issues here, since state funds are involved. It’s one thing to operate as a nonprofit and something else to be a nonprofit that gets tax dollars. The question is whether there are other state-assisted nonprofits with policies that affect who can, and who cannot, use their services. Are religious doctrines uniquely bad?

Reading further down, we get to the trends the article is most concerned about. This passage is long, but stay with me.

There are at least nine other states that have passed laws allowing child placement agencies to turn away anyone who doesn’t match their religious beliefs or moral convictions, including same-sex couples.


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