Lawsuits

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Do generic Scouts have a future? (Wait! What was that about Latter-day Saints cutting ties?)

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No doubt about it, the generic Scouts are in trouble.

There are a number of important reasons for this, including a tsunami of legal problems linked to decades of hidden sexual abuse. Hold that thought, because we will come back to it — because of an important Washington Post story with this headline: “Lawsuits. Possible bankruptcy. Declining numbers. Is there a future for the Boy Scouts?”

But here is my main question today: What are the crucial factors that are — statistically speaking — threatening the future of Scouting? Let me add: Is there more to this than the current legal climate?

To answer that question, let’s flash back to a 2015 piece from the news service of the United Methodist Church that ran with this headline: “Churches can have gay Boy Scout leaders.” As you would imagine, United Methodists were divided on the wisdom of that Scouting policy change, as they are divided on every important issue linked to faith and sexuality. However, this story includes a crucial number:

As part of the resolution approved July 27, the Boy Scouts’ executive board also committed to indemnify and defend legally any religious chartered group against discrimination claims. Federal courts, including the U.S. Supreme Court in a unanimous ruling in 2012, have ruled that religious bodies are free to set their own rules for choosing and dismissing leaders. …

More than 71 percent of Scout units are chartered to faith-based groups, reports Boy Scouts of America. The United Methodist Church is second only to the Church of Jesus Christ of Latter-day Saints in the number of congregations that host Boy Scouts of America units. The United Methodist Church also has the highest number of Cub Scouts, with an estimated 200,000 members.

So, 71 percent of all Scout units were, at that time, linked to faith-based groups, with the LDS ranked No. 1 and the United Methodists No. 2. And what about the Baptists? As of two years ago — when the Boy Scouts decided to accept girls who identify as boys — the Association of Baptists for Scouting (ABS) reported that it had nearly 2.3 million members. At that time, about 60 percent of the association’s members were Southern Baptists.

It would appear that it is hard to ponder Scouting’s future without considering the impact of the movement’s policies on sex and gender and its standing among religious groups — especially the United Methodists and various kinds of Baptists. And the believers formerly known as Mormons?


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Podcast thinking: Why do many reporters avoid theological news on religious left?

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Back in the fall of 1993, I made — believe it or not — my first-ever trip as an adult to New York City. I had covered many important news stories in American and around the world, but had never hit the Big Apple.

I stayed in a guest room at Union Theological Seminary, since I would be attending what turned out to be, for me, a pivotal religion-beat conference at the nearby Columbia University School of Journalism. But that’s another story for another day.

Here is the story for this week’s “Crossroads” podcast (click here to tune that in), which is linked this week’s Twitter explosion in which Union Seminary students confessed their environmental sins to some plants and sought forgiveness.

On that beautiful New York Sunday morning, I decided to head to the Episcopal Cathedral of St. John the Divine. I was, at the time, an evangelical Episcopalian (with high-church sympathies) at I was trying to run into my wife’s favorite author — Madeleine L’Engle (click here for my tribute when she died). She was writer in residence at the cathedral, but later told me that she worshipped at an evangelical parish in the city.

Why did she do that? Well, in part because of services like the “Missa Gaia (Earth Mass)” I attended that Sunday. As I wrote later in a piece called “Liturgical Dances With Wolves”:

In the Kyrie, the saxophonist and his ensemble improvised to the taped cry of a timber wolf. A humpback whale led the Sanctus.

Skeptic Carl Sagan preached, covering turf from the joyful “bisexual embraces'' of earthworms to the greedy sins of capitalists. The earth, he stressed, is one body made of creatures who eat and drink each other, inhabit each other's bodies, and form a sacred “web of interaction and interdependence that embraces the planet.'' … The final procession was spectacular and included an elephant, a camel, a vulture, a swarm of bees in a glass frame, a bowl of blue-green algae and an elegantly decorated banana.

The key moment for me?

Before the bread and wine were brought to the altar, the musicians offered a rhythmic chant that soared into the cathedral vault. … “Praises to Obatala, ruler of the Heavens. Praises to Obatala, ruler of the Heavens. Praises to Yemenja, ruler of the waters of life. Praises to Yemenja, ruler of the waters of life. Praises to Ausar, ruler of Amenta, the realm of the ancestors. Praises to Ra and Ausar, rulers of the light and the resurrected soul.” …

Then the congregation joined in and everyone sang “Let all mortal flesh keep silence.' “


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New York wants to rescind its anti-conversion therapy law and no one nails them for it?

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Remember all the sturm und drang about cities and states banning “conversion therapy?” (For the uninitiated, that is therapy that seeks to change one’s homosexual desires to heterosexual ones).

New York City was a leader in banning this therapy on the grounds that it doesn’t work and leads to depression and suicide. The idea of banning this therapy has become such a cause célèbre, there’s been two films, both released in 2018 about the issue.

Then New York decided to rescind its law.

Why? Because it was afraid of a lawsuit. That’s a big, big news story. Right?

As the New York Times tells us:

Nearly two years ago, the New York City Council celebrated when it passed a far-reaching ban on conversion therapy, a discredited practice to change a person’s sexual orientation or gender identity.

On Thursday, Corey Johnson, the Council speaker, who is gay, said the Council would act swiftly to repeal the ban.

The move is a gambit designed to neutralize a federal lawsuit filed against the city by a conservative Christian legal organization; if the case were to be heard by the Supreme Court, advocates for the L.G.B.T. community fear that the panel could issue a ruling that could severely damage attempts to ban or curtail conversion therapy.

As columnist Dave Barry used to say: You can’t make this stuff up. The article adds the city has amended a regulation in the past in the face of a lawsuit.

Supporters of repealing the conversion therapy ban say that it is a regrettable but necessary step given the Supreme Court’s conservative makeup under the Trump administration.

“Obviously I didn’t want to repeal this. I don’t want to be someone who is giving in to these right-wing groups,” Mr. Johnson said in an interview. “But the Supreme Court has become conservative; the Second Circuit, which oversees New York, has become more conservative.”

Wait a minute: If the law was so needed, why are its backers abandoning it two years later?


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Arizona media sizzle over whether calligraphers can decline to create gay wedding invites

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Lawsuits involving gay plaintiffs and businesses in the wedding industry are plentiful these days. Usually these cases involve a jilted couple whose bakery, event destination or photographer wants no part of the nuptials for religious reasons.

But this time around, a pair of Phoenix calligraphers sued the city's human rights ordinance, saying they have a right to turn down requests to create gay-themed custom-designed invites. The state Supreme court ruled in their favor on Monday.

How did the mainstream press respond? Did this story get covered as news or did it draw editorial lightning bolts and that’s that?

We'll start with the Arizona Republic's news story with the headline: Phoenix artists don't have to make LGBTQ wedding invitations, Arizona Supreme Court rules.”

A Phoenix ordinance that protects lesbian, gay, bisexual and transgender people from discrimination cannot be used to force artists to create custom wedding invitations for same-sex couples, the Arizona Supreme Court ruled Monday. The high court's decision overturns multiple lower-court decisions that protected the portion of Phoenix's nondiscrimination ordinance that applies to the LGBTQ community. An attorney for Phoenix insisted that the ruling was narrow and did not strike down the city law. Rather, the court ruled that "one company" could refuse to make "one type of product" for LGBTQ couples, he said.

"Today's decision is not a win, but it is not a loss. It means we will continue to have a debate over equality in this community," Mayor Kate Gallego said. However, LGBTQ community advocates fear that the decision, however narrow, creates a pathway for other lawsuits. "This decision opens the door for other bigoted owners to outright discriminate against LGBTQ people for who we are and who we love," Brianna Westbrook, vice-chair of the Arizona Democratic Party, tweeted after the ruling.

Not only are the plaintiffs not even mentioned until one-third of the way through the piece, there is no reaction from conservative First Amendment groups.

The only POVs provided are from left of center.


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Read it all: Slate reporter goes to Kansas and spends a few minutes with 'Uncle Ted' McCarrick

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Ponder this please. When you hear that someone has landed an exclusive “interview” with a leader of global importance, how much content do you expect this “interview” to contain?

I am not, of course, talking about one of those two- or three-minute “Entertainment Tonight” reports — “We’ll be back with an exclusive interview with Brad Pitt!” — in which a star answers two dishy questions during a Hollywood junket. I am talking about an “interview” with a newsmaker about a serious subject.

I bring this up because of a fascinating Slate piece that is billed as the first interview with former Washington D.C. cardinal Theodore McCarrick, who has been exiled to the vastness of Western Kansas, a region that journalists from elite zip codes rarely visit, to say the least. I happened to drive past the Cathedral of the Plains the other day and it just as hard to imagine Uncle Ted McCarrick in Victoria, Kansas, as picturing Truman Capote in nearby (relatively speaking) Holcolm, Kansas.

The dramatic double-decker headline proclaims:

Theodore McCarrick Still Won’t Confess

Banished in the dead of night to a mistrustful Kansas town after sexual abuse allegations, the defrocked archbishop of D.C. speaks publicly for the first time since his fall from grace.

Please understand: I think that reporter Ruth Graham’s brief encounter with McCarrick showed moxie and yields interesting and, some will say, predictable answers from the fallen prince of the church. I also enjoyed (I kid you not) her 2,500-word introduction to the interview, which is both a quick summary of the McCarrick disaster story and a touching look at the lives of the intensely Catholic Volga German culture of West Kansas. If this second subject does not intrigue you, reading this intro is going to seem like a long, long drive across the Kansas plains.

The interview itself is short — but important. This is true even though it reinforces many themes that have been woven through this tragedy from the start. McCarrick, for example, does believe that he was the victim of a conservative-Catholic plot.

When the reader finally reaches the encounter with the fallen cardinal, Graham stresses that she had been told he was not doing interviews. Still, she rang the doorway at the friary he now calls home:


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Denhollander's memoir on vast gymnastics scandal is a landmark for religion as well as athletics

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Countless books have landed on The Religion Guy’s desk over decades and rarely has he cited one as a “must read” or “book of the year.”

But such descriptions are appropriate for Rachael Denhollander’s candid memoir “What Is a Girl Worth?” about exposing the vast sexual-abuse scandal at USA Gymnastics and Michigan State University. The evangelical Tyndale House issues her book on Sept. 10 alongside a four-session study guide, and the author’s non-salacious “How Much Is a Little Girl Worth?” for young readers.

Attorney Denhollander, the first person to publicly lodge accusations against MSU athletics osteopath Larry Nassar, has a unique status. She is a heroine named among Time’s 100 Most Influential People, Glamour’s Women of the Year, recipients of ESPN’s Courage Award and Sports Illustrated’s Inspiration of the Year. At the same time, she’s the wife of a doctoral student at Southern Baptist Theological Seminary, while raising four young children and she uses her hard-won celebrity to present Christian truth.

An account of the worst sex-abuse case in its history is obviously a landmark for U.S. sports, but this is also a vitally important story for religion writers, and most certainly for Denhollander’s fellow evangelical Protestants, who are now following Catholicism in stumbling through #MeToo crises. (Along the way, journalists will relish the inside account of her byplay with investigative reporters and the media horde.)

Denhollander alone bravely lodged public accusations against predator Nassar, a big shot in gymnastics. Eventually, he faced 332 accusers of all ages including Olympic superstars, the Feds unearthed his stash of 37,000 child pornography files and he was sent to prison for life. MSU was forced to pay $500 million in damages, but any USA Gymnastics payout is problematic because it was forced to file for bankruptcy protection.

What’s vitally important in this sordid narrative is helping readers comprehend the severe psychological damage that sexual abuse creates in the victims. “It follows you. It changes you forever.” And then why, like Denhollander, victims often raise protests long after the incidents, or never raise them at all. They feel nobody will believe them, and for good reason. And they fear the cost that will be paid by the accuser. For Denhollander, that cost was enormous.


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Kings Bay nuclear protestors: Was this civil disobedience or a matter of religious liberty?

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It’s hard to live in Oak Ridge, Tenn., without learning a thing or two about civil disobedience, especially demonstrations linked to nuclear weapons. No matter what goes on inside the Oak Ridge National Laboratory — in terms of energy, medicine, the digital future, etc. — this top-secret research facility will always be known for its role in America’s history of atomic bombs and beyond.

This leads to protests. Some of them cross the line into civil disobedience, which raises interesting historical, legal and even theological questions. Hold that thought, because we will come back to it.

There is a very similar story unfolding elsewhere in the Bible Belt, as seen in a recent report — “Judge denies nuclear protesters’ religious freedom defense” — from Religion News Service. Here is the overture:

(RNS) — A federal judge has denied a request by a group of Catholic peace activists to dismiss charges against them for breaking into a nuclear submarine base in Kings Bay, Georgia, last year to protest nuclear weapons.

The seven activists, individually and through their lawyers, used a novel defense, citing the Religion Freedom Restoration Act, a 1993 federal law that says the government may not burden the faith practices of a person with sincerely held religious beliefs.

But Judge Lisa Godbey Wood, a federal judge in the U.S. District Court for the Southern District of Georgia, denied that defense and scheduled a jury trial for Oct. 21.

The activists, known as the Kings Bay Plowshares 7, face up to 25 years in prison each for trespassing on the U.S. Navy base, which houses six Trident submarines designed to carry nearly 200 nuclear warheads apiece. The seven, mostly middle-aged or elderly, will each stand trial on three felonies and one misdemeanor: destruction of property on a naval installation, depredation of government property, trespass and conspiracy.

Now, there are all kinds of questions I’d like to ask at this point.

First of all, I assume we are talking about the Religious Freedom Restoration Act, as opposed to the “Religion” Freedom Restoration Act that is mentioned here. RNS needs to make a correction.

But it would appear that the basic idea is that the protestors had a right to violate the law as an act of religious conscience. It would be interesting to know more the specifics of their claims.


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Minnesota media mull over whether Christian video company can refuse to film gay weddingss

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We’ve been writing about the news coverage of the wedding-cake wars for some time, by which I mean lawsuits filed by gay couples against bakers, photographers, wedding venue owners and anyone else whose religious beliefs clash with same-sex marriage.

A few years ago, one of these vendors –- a St. Cloud, Minn., couple that does wedding videos -– saw the Masterpiece Cakeshop U.S. Supreme Court case involving Colorado baker Jack Phillips and his refusal to bake a cake for a same-sex wedding and read the tea leaves. Phillips could be them. They did a preemptive lawsuit asking for the right to not have to film events that were against their religious beliefs.

The courts kept on rejecting them until very recently. The Minneapolis Star-Tribune says what happened next.

A three-judge federal appeals court panel cleared the way Friday for a St. Cloud couple suing Minnesota over the right to refuse to film same-sex weddings, arguing that the videos are a form of speech subject to First Amendment protections.

Carl and Angel Larsen, who run a Christian videography business called Telescope Media Group, filed a federal suit in 2016 against Minnesota's human rights commissioner, saying the state's public accommodation law could hit them with steep fines or jail time if they offered services promoting only their vision of marriage.

Writing for the panel's 2-1 majority, Judge David Stras, a former Minnesota Supreme Court justice, found A the First Amendment allows the Larsens to choose when to speak and what to say, and that their free speech rights would be violated should their business be penalized under the Minnesota Human Rights Act.

The Associated Press also covered this story:

Judge Jane Kelly issued a dissenting opinion.

“That the service the Larsens want to make available to the public is expressive does not transform Minnesota’s law into a content-based regulation, nor should it empower the Larsens to discriminate against prospective customers based on sexual orientation,” Kelly wrote.


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Is Cardinal Pell guilty? Some believe that how a Catholic answers signals virtue or vice

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So, is Cardinal George Pell of Australia guilty or innocent?

If you say “yes,” is that answer a form of virtue signaling during the ongoing hell of the multi-decade Catholic clergy sexual abuse crisis?

If you answer “no,” does that mean that you aren’t taking the crisis seriously and that you want bishops and priests to be able to escape justice?

If you answer “yes,” are you a loving pro-Pope Francis progressive?

If you answer “no,” does that mean that you are a hateful traditionalist who is on the wrong side of history on this issue and many others?

What if you say that you are worried about the quality of the evidence and that you are worried that public officials in Austrailia have listened to an anti-clerical mob and rushed to judgement? If you are hard questions about the evidence — like a good skeptic or journalist would — does that mean you are a hater and don’t care about the victims?

It’s somewhat unusual to run a think piece on Monday, but I really think that readers — especially journalists — will want to read the short Crux essay that ran the other day with this headline: “Ruling cements Pell’s profile as the Dreyfus or Hiss of the Catholic abuse crisis.” The author, of course, is John L. Allen, Jr.

Allen uses a genuinely scary metaphor — if you know your European history — to describe this case. Here is the key, thesis passage, after Pell’s recent appeal was rejected:

Though Pell’s judicial odyssey may not be over, [the] ruling likely does represent the final word on another aspect of the case: George Pell is now officially the Alfred Dreyfus of the Catholic abuse crisis, meaning that opinions about his guilt or innocence are at least as much a reflection of one’s ideological convictions as about the actual evidence in the case.

Dreyfus, of course, was the French artillery officer of Jewish descent charged with treason in 1894 for allegedly passing military secrets to the Germans, spending five years on Devil’s Island. Dreyfus was eventually acquitted and reinstated to his army position, but for more than a decade, opinions about his guilt or innocence functioned as a bellwether for broader political and cultural tensions, pitting Catholic and traditionalist “anti-Dreyfusards” against pro-Republican and anti-clerical liberals.


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