Religious Liberty

Gag-rule drama: Oregon 'Sweet Cakes' story needs fresher, in-depth treatment

On the heels of the Supreme Court’s June 26 5-4 ruling legalizing same-sex marriage in all 50 states comes a ruling by Oregon’s state labor commissioner lowering the boom on a couple who refused to bake a wedding cake for two lesbians in early 2013.

This is a really interesting church-state story and numerous readers have email your GetReligionistas asking when we would deal with it. Once again, the goal is to look at the coverage of this issue, not the issue itself. Let's give that a try.

Here is how The Oregonian worded it:

The owners of a shuttered Gresham bakery must pay $135,000 in damages to a lesbian couple for refusing to make them a wedding cake, the state's top labor official said Thursday.
State Labor Commissioner Brad Avakian ordered Aaron and Melissa Klein to pay the women for emotional and mental suffering that resulted from the denial of service. The Kleins had cited their Christian beliefs against same-sex marriage in refusing to make the cake.
Avakian's ruling upheld a preliminary finding earlier this year that the Kleins, owners of Sweet Cakes by Melissa, had discriminated against the Portland couple on the basis of their sexual orientation.
The case ignited a long-running skirmish in the nation's culture wars, pitting civil rights advocates against religious freedom proponents who argued business owners should have the right to refuse services for gay and lesbian weddings.

I looked at a previous story by the same reporter on April 24 and here’s how the lead sentence ran there:

The lesbian couple turned away by a Gresham bakery that refused to make them a wedding cake for religious reasons should receive $135,000 in damages for their emotional suffering, a state hearings officer says.

Notice the crucial difference?


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Getting out of civil marriage biz? Tribune details one side of debate in Chicago

Several months ago, I heard about an interesting decision made by Father Patrick Henry Reardon, a very outspoken and influential Eastern Orthodox priest up in the Chicago area. After the state of Illinois approved the redefinition of marriage -- including same-sex unions -- Reardon decided that he would get out of the civil marriage business and stop signing secular marriage licenses.

This was, for Reardon, an intensely theological subject and he was most comfortable discussing the topic in those terms. It was a challenge to quote him in ways that were accurate, yet could be included in a column for readers in mainstream newspapers. This was pretty complex territory.

The priest knew, of course, that a U.S. Supreme Court on this subject loomed in the near future and he assumed that it would complicate matters even further, especially in terms of the First Amendment and religious liberty. But the key, for him, was that he was discussing a sacrament of the church and doctrines on which he could not compromise. Thus, I ended my Universal syndicate column on this topic like this:

At his altar, said Reardon, this means, "I cannot represent the State of Illinois anymore. … I'm not making a political statement. I'm making a theological statement."

I also quoted the American leader of the branch of Orthodoxy in which Reardon serves, who, while not directly addressing the issue of civil marriage licenses, made it clear that his church would not be taking part in a major reshaping of marriage.

The upcoming Supreme Court decision could "mark a powerful affirmation of marriage between one man and one woman … or it can initiate a direction which the Holy Orthodox Church can never embrace," stated Metropolitan Joseph, of the Antiochian Orthodox Christian Archdiocese of North America. "Throughout the history of our faith our Holy Fathers have led the Orthodox laity" to unite to "preserve the faith against heresy from within, and against major threats from societies from without."

For me, as an Orthodox layman, the most interesting part of that statement were the words focusing on the church and the theological tensions that are ahead, the part when the metropolitan mentions the struggles to "preserve the faith against heresy from within."

Heresy is not a word that bishops toss around without careful thought.

Now, in the wake of the 5-4 Obergefell decision by Justice Anthony Kennedy and the U.S. Supreme Court, the Chicago Tribune has followed up with a news report about Reardon that does a good job of describing his decision, yet does very little to dig into the thoughts and beliefs of those who either oppose or dismiss his strategy. Consider, for example, this passage in which an Orthodox bishop seems to echo, in reverse, some of Reardon's thinking:


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What’s ahead for Americans who believe in traditional marriage?

What’s ahead for Americans who believe in traditional marriage?

THE RELIGION GUY ASKS:

With the U.S. Supreme Court’s mandate to legalize same-sex marriage nationwide, what’s ahead for religious believers in traditional man-and-woman marriage alone? (The Guy poses this timely topic now in place of the usual question posted by an online reader.)

THE ANSWER:

The historic June 26 legalization, by a one-vote majority of a deeply divided Supreme Court, demonstrates with stark clarity religion’s declining influence and stature in American culture.

The one aspect is obvious. Traditional marriage belief is firmly taught, with no immediate prospect of change, by the Catholic Church, Southern Baptist Convention, most other evangelical Protestants, many “historically black” Protestant churches, conservatives within “mainline” Protestant denominations, Eastern Orthodoxy, Latter-day Saints, Orthodox Judaism, Islam and others.

A massive 2014 Pew Research survey indicates those groups encompass the majority of Americans, something like 140 million adults.

Of course, not all parishioners agree with official doctrine or practice their faith. In a May poll by Pew, the 57 percent of all Americans supporting gay and lesbian marriages tracked closely with the 56 percent among those identifying as Catholic. That contrasted with only 41 percent of black Americans and 27 percent in the nation’s biggest religious bloc, white evangelicals.

The less-noticed aspect is the weakness of religions on the triumphant side, which generally followed the LGBT movement rather than exercising decisive leadership, unlike past church crusades that helped win independence from Britain, abolition of slavery, labor rights, child welfare, social safety nets, women’s vote, alcohol prohibition, civil rights laws, or withdrawal from Vietnam.


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#LoveWins #JournalismFails — Some old media-bias battles (think Kellerism) go public

#LoveWins #JournalismFails — Some old media-bias battles (think Kellerism) go public

This was the rare week that my column for the Universal Syndicate grew directly out of what was happening online here at GetReligion. It doesn't take a doctorate in journalism history to figure out the topic for all of the chatter. Correct?

That discussion led to this week's "Crossroads" podcast with the team at Issues, etc. Click here to tune that in.

The whole thing felt kind of hall-of-mirrors meta, with host Todd Wilken and I discussing figures in the mainstream media discussing whether many mainstream journalists had proven their critics right by waving all of those cyber rainbow flags in the heady hours after the 5-4 Obergefell v. Hodges decision.

That decision, no surprise, led to a blitz of posts and debates all over cyberspace, including here, here, here, here, here and, especially, here at GetReligion. But the key to podcast was this post -- "From old Kellerism to new BuzzFeed: The accuracy and fairness debate rolls on" -- in which I noted that this new debate about the new news was actual linked to old debates that have been going on for some time.

So have we seen a historic change in American journalism? I still need some help from GetReligion readers trying to parse the following quote from BuzzFeed editor Ben Smith, as he defended (click here for transcript) his news site's open celebration of the U.S. Supreme Court decision during a radio interview with Hugh Hewitt:

BS: I don’t really think there, I mean, I guess I don’t really think there was much of a controversy, or at least I didn’t see. There were like, I’ve been tweeting with three people today -- Tim Carney and a guy named, just, I mean, but I’m not sure like three or four people make a controversy. But I think we have, we drafted and published a Standards Guide and an Ethics Guide several months ago, and I think we’ve been wrestling with something I’m sure you think about a lot, which is, although I think I probably come down somewhere a bit differently from you, which is you know, is it possible to, look, what is the tradition that used to be called kind of objective journalism, mainstream media journalism, the tradition the New York Times and the Washington Post come out of, which is the tradition I come out of?


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Yo, journalists: There are real church-state issues linked to the Church of Cannabis

Journalists who took the time to dig into the history of the Religious Freedom Restoration Act -- all the way back into ancient times, as in the Clinton White House -- will have run into references to a 1990 U.S. Supreme Court case called Employment Division v. Smith.

That case focused on this question: Did Native Americans -- in this case workers at a private drug rehabilitation group -- have the right to take peyote as part of a religious ritual linked to similar rites in their heritage dating back centuries? The conservative side of the court said "no," while liberals dissented and said the decision denied Native Americans the free exercise of their religious beliefs.

Justice Antonin Scalia famously said that this kind of religious liberty appeal would "open the prospect of constitutionally required exemptions from civic obligations of almost every conceivable kind."

A nearly unanimous U.S. Congress begged to differ and passed RFRA, backed by a stunningly broad church-state coalition -- basically everyone from Pat Robertson to the American Civil Liberties Union. It was a law inspired by some strange and messy legal cases, but as my graduate-school mentor at Baylor University's Church-State Studies program used to say: Your religious liberty has been purchased for you by people with whom you might not want to have dinner.

In other words, the First Amendment's "free exercise" clause is very powerful and, unless you are dealing with fraud, profit or a clear threat to life and health, courts are not supposed to mess with religious doctrines and practice, even when dealing with messy cases.

If you are following the news right now, you know where I am headed: Bill Levin and his First Church of Cannabis in Indiana.


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On same-sex marriage, 'Amen!' to what Poynter said about covering the battles ahead — with a few quibbles

When the U.S. Supreme Court ruled 5-4 in favor of same-sex marriage Friday, some media organizations couldn't resist celebrating.

Almost immediately, a Pennsylvania newspaper announced that it would no longer publish letters from those opposed to same-sex marriage — a decision that drew a backlash and prompted the paper to "further elaborate." Our own tmatt has more to say about that case.

Against such a backdrop ("Kellerism," anyone?), wouldn't it be really nice if a respected voice stepped in and preached a sermon on the need for fair, thoughtful journalism?

Enter Al Tompkins of the Poynter Institute — the influential journalism think tank.

Tompkins delivered just such a message in a piece he wrote this week.

Some of what Topkins had to say:

Now that the Supreme Court’s decision on same-sex marriage has had time to sink in, journalists should wake up to the fact that a complicated and contentious debate lies ahead. Just as Brown v. The Board of Education didn’t end discrimination in schools and Roe v. Wade did not end the abortion debate,Obergefell v. Hodges will not end the opposition to same-sex marriage. The next battles may be in churches, where the Court’s decision cannot interfere. ...


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More media examine implications of Supreme Court gay marriage decision

Fallout is still, well, falling out from the Supreme Court's declaration of gay marriage as a constitutional right. Most are also lagging behind the New York Times, which set the pace on Thursday with its advance story on conservative fears of the implications of the decision.

The Times lengthened its lead over the weekend, with a story on the flurry of efforts to carve out religious exemptions.

The Times gets right to the topic in the lede:

Within hours of the Supreme Court decision legalizing same-sex marriage, an array of conservatives including the governors of Texas and Louisiana and religious groups called for stronger legal protections for those who want to avoid any involvement in same-sex marriage, like catering a gay wedding or providing school housing to gay couples, based on religious beliefs.
They demanded establishing clear religious exemptions from discrimination laws, tax penalties or other government regulations for individuals, businesses and religious-affiliated institutions wishing to avoid endorsing such marriages.

The article then cites governors Greg Abbott of Texas and Bobby Jindal of Louisiana on their determination to fight gay marriage in their states. Jindal, of course, is also a candidate for president.

The Times then reviews the Supreme Court documents: first, the majority opinion, written by Justice Anthony Kennedy, that religious groups may still teach their beliefs; a dissenting opinion by Chief Justice John Roberts Jr., warning that the high court will likely start getting cases where religious and gay rights clash.

But the newspaper hits the nail in quoting Archbishop William Lori of Baltimore:


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Post-Supremes debate begins: Freedom to 'teach' faith or 'free exercise' of religious beliefs?

Once again, I was on the road when all heckfire broke out on the religion-news beat, leaving other GetReligionistas to dive into the breach after the U.S. Supreme Court's long-predicted 5-4 decision -- complete with majority opinion sermon from Justice Anthony Kennedy -- approving same-sex marriage from coast to coast.

Much of the coverage was a celebratory as one could have expected in this post-Kellerism age, especially in the broadcast news coverage.

Click here for an online summary of that from the conservative Media Research Center which, to its credit, offered readers transcripts of some of the broadcast items so they could read the scripts for themselves and look for signs of journalistic virtues such as fairness and balance. A sign of things to come? Among the major networks, the most balanced presentations on this story were at NBC. Will that draw protests to NBC leaders?

At the time of the ruling, I was attending a meeting that included some lawyers linked to Christian higher education, one of the crucial battleground areas in American life in the wake of this ruling. There, and online, it quickly became apparent that the key to the decision -- in terms of religious liberty -- is whether one accepts Kennedy's general, not-very-specific acceptance of First Amendment freedoms linked to religion or whether, along with Chief Justice John Roberts, one noted that Kennedy left unsaid.

Journalists must note this, if they want to prepare for the next round of battles in -- as described in previous coverage of the HHS mandate wars -- the tense church-state territory located between the secular market place and actual religious sanctuaries. That middle ground? Voluntary associations that are defined by stated doctrines, while interacting with public life to one degree or another. Think colleges, schools, hospitals, day-care centers, parachurch ministries, adoption agencies that have, for students and staffs, doctrinal covenants that define their common lives and teachings.

Think Little Sisters of the Poor. Think Gordon College.


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Coverage of the religion angle to Supreme Court decision: Fairly predictable

OK, so you're a religion reporter, and it's Friday morning the 26th, and you're glued to your desk awaiting the U.S. Supreme Court's decision on gay marriage. 

Word starts to seep out at 11 a.m. Eastern. 

Since many of the justices took special care to mention the concerns of religious groups, it's your job to do the sidebar. What do you write? 

As I scanned various papers large and small, ranging from the Jackson (Miss.) Clarion-Ledger to Utah's Deseret News, it seemed that most punted by simply getting reacts from local religious and political leaders. Or they took the compendium from Religion News Service. I've had to write zillions of similar react pieces and it's harder than it looks, so I'm not knocking these folks. 

But I am going to credit the outlets that went the extra mile.

The Wall Street Journal didn't just react to the ruling but looked ahead to coming battles on religious freedom. It had some of the best quotes I saw all day, including one from Richard Land, the former culture wars czar for the Southern Baptists who's been a bit of a pariah in recent years after he was edged out of his position in 2012. However, the Journal remembered Land and gave him a call:


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