Religious Liberty

A question that would stun old-school left: Does religious liberty in U.S. go too far?

A question that would stun old-school left: Does religious liberty in U.S. go too far?

NORMAN’S QUESTION:

Given that many religious groups have some very socially undesirable beliefs and, even more, practices, how much does religious liberty in America need to be restricted?

THE RELIGION GUY’S ANSWER:

Here’s a sketch of a very complex constellation of issues. The question provides no examples of what’s offensive but The Guy guesses that Norman is a liberal critic of religion who especially decries “socially undesirable” religious stands on moral matters like homosexuality. Such hostility from liberals, in turn, provokes deeper worries among traditionalists about religious freedom that we’ve seen since perhaps the 19th Century (something candidate Donald Trump hopes to capitalize on).

Preliminary points: Most religions and most believers agree society’s common good overrules any claimed religious justifications for heinous crimes. That would include terrorism enacted in God’s name by today’s Muslim extremists or, in centuries past, human sacrifice rituals of non-biblical faiths. Some religious activism is generally regarded as positive for society (abolition of slavery, women’s vote, civil rights) and other campaigns as negative (alcohol prohibition).

Certain “new atheists” are so intent on restricting religion that they would forbid parents from teaching their children about faith (while avoiding whether freethinkers should likewise be barred from teaching children that viewpoint). Some democratic nations have sought to discipline preachers who advocate traditional moral beliefs.

In the U.S., the Constitution erects a barrier against such extreme anti-religion tactics. But local and state legislatures, and increasingly powerful administrative rulings, have sought religious limits in various ways. For instance, a pending California law would drop a religious exemption to facilitate gay and transgender students’ discrimination suits, potentially affecting 42 colleges.

U.S. Supreme Court rulings draw the ultimate legal lines and thus provide many of the examples below.


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Weekend think piece: Questions to ask, when reporting on the state of a candidate's soul

Around and around and around we go, with the ongoing chatter about the state of Citizen Donald Trump's soul ("Crossroads" podcast here) and the whole "is he or is he not a you know what kind of Christian" talk.

However, I have good news for all who are frustrated by all of this, including the fact that the Trump drama has offered a chance for journalists to laugh at people who are eternally serious when it comes to discussions of heaven and hell, sin and salvation.

One of the America's most respected scholars on matters of religion and the press has weighed in with some thoughts on this situation. I've known Stewart Hoover ever since our paths crossed soon after his doctoral studies. To make a long story short, he was very kind, at one point, to call some attention to my own University of Illinois graduate project (the short version in The Quill is here) digging into why journalists struggle to cover religion news. Anyone who has taught a college class on this subject knows his work.

Thus, this weekend's religion-news think piece comes from Hoover and can be found at ReligionDispatches.org. The headline: "Hillary's faith, Trump's conversion: Two questions journalists need to ask."

Here is a key part of the overture. It's almost like he's saying that many mainstream journalists, you know, kind of don't "get" religion.

Somewhere in each reporter’s notebook is a tab marked “religion.” The problem is that, unlike most of the other topics they’ll be reporting on, their understanding of religion is a mixture of broad bromides about the nature of religion in American life, mixed perhaps with entirely subjective notions of religion born of their own personal experience with it.

Among journalistic “broad truths:” religion used to be important to Americans, but isn’t anymore, except in rural areas and the Midwest and for those pesky evangelicals and mass-attending Catholics and of course the great and noble tradition of African-American Protestantism. What do you do about a candidate’s religion? She or he must have one, of course, but it doesn’t matter what it is -- except when it does.


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On California college bill controversy, media drift toward one-sided reporting

Nice to see that we GetReligionistas aren’t the only ones who notice. When the Religion News Service churned out a story on bigoted, LGBT-hating Christian colleges -- seemingly an emerging mainstream media theme days -- a Faithful Reader alerted us along with a complaint:

RNS can’t be bothered, it seems, to actually interview an opponent of this bill, choosing instead to quote from an article on a conservative website and a statement of a state representative.

But RNS isn't alone: Other responsible media, such as the Catholic-oriented Crux, are doing much the same from the religious side.

First, the RNS article. In writing up a bill crawling through the California legislature that would yank federal aid from schools seen as discriminating against gays, RNS reaches out for a single direct quote -- from a gay activist.  The opposition? A conservative blogger and a Republican state senator -- their remarks lifted from written statements.

RNS says the state bill would apply Title IX -- a federal regulation forbidding sexual discrimination in schools -- to religious as well as secular schools. If it becomes law, the California stricture may well have national impact, the article explains:

While the law is seen by some as an attempt to get California religious schools to comply with the state laws that prohibit discrimination based on sexual orientation or gender identity, it could have national implications. Human Rights Watch, which calls the Title IX religious exemption "a license to discriminate," reports there are 56 schools nationwide that have requested such exemptions, including Wheaton College, Liberty University and George Fox University.
Forty-two California colleges qualify for Title IX religious exemptions, according to the National Center for Law & Policy, a California-based Christian legal defense group. At least seven have applied, including Biola University, Simpson University and William Jessup University.

Well, gee, who could object to that? Only religious groups that have believed for centuries that homosexuality is sinful, as well as the schools they’ve founded. Our regular readers likely see parallels with the recent bad p.r. against Gordon College, an evangelical school near Boston.


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'Scare quotes' are back in the PR-esque coverage of Mississippi religious liberty bill

The "scare quotes" are back.

Once again we face a familiar journalistic question: Is it possible to do news coverage of religious liberty debates linked to gay-rights issues in a way that accurately represents views on both sides and even -- imagine this -- quotes informed, qualified experts on both sides?

Also, flashing back to my Kentucky post from the other day, is the goal of these legal debates to promote the rights of gay couples who seek marriage licenses (and other services) or to punish traditional Christians, Jews, Muslims and others who believe that it would violate their consciences to be involved in same-sex union events?

With that in mind, let's walk carefully through the top of this recent USA Today network story about recent events in Mississippi.

JACKSON, Miss. -- U.S. District Judge Carlton Reeves issued ... a permanent injunction barring Mississippi from denying same-sex marriage licenses, meaning no circuit clerk or staff member clerk can deny a gay couple a marriage license even if the state's "religious freedom" bill is in effect.

OK, so right now the state of Mississippi is preventing gay couples from obtaining marriage licenses. Did I read that correctly?

But the second half of the sentence addresses something completely different -- which is a bill to protect the First Amendment rights of individual clerks and staff members. Note the statement that "NO circuit clerk" can deny a license.


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It's the (oh, no, not again) art of Trump's deal with many old-guard evangelicals

It's the (oh, no, not again) art of Trump's deal with many old-guard evangelicals

From the You Can’t Make This Up Department: During Donald Trump’s summit with nearly 1,000 evangelicals (GetReligion podcast here), Liberty University President Jerry Falwell Jr. proudly tweeted out a photo of himself and wife Becki greeting the man who would be president.

Seen on the wall behind them was a framed Playboy magazine photo of Trump alongside a nubile Playmate.

Online liberal satirist Sarah Wood noted the Playmate is currently in prison for drug smuggling, and wondered why Falwell was “honored” to associate with “a thrice-married man who has more than insinuated that he wants to date his daughter, is currently racist, made money off screwing people over, and has posed for Playboy. Praise Jesus!”

Less derisively, Professor Tobin Grant, a Religion News Service columnist, quoted Trump’s new friends who not long ago warned he “can’t be trusted,” needs to “repent,” is “embarrassing,” a “scam,” and a“misogynist and philanderer” laden with “untruthfulness.” 

A second Grant piece listed words Trump never uttered during the 90-minute encounter: that would be Jesus, Christ, Bible, prayer, faith. “God” was mentioned once, however.


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The Supreme Court and pharmacists: CNN shines while Washington state newspapers punt

Although I just moved to Washington state a year ago, I was unaware it is the only state in the country that mandates pharmacists to supply medicines they are opposed to on religious grounds. All other states have some sort of right of refusal for pharmacists.

Then along came Stormans Inc. v. Wiesman, a case involving an Olympia, Wash.-based pharmacy that objected to a state law mandating it sell certain forms of emergency contraception. The Tacoma News Tribune describes the background here.

Here is what CNN wrote about the latest Supreme Court action on this case:

Washington (CNN) -- Over the dissent of three conservative justices who expressed concern for the future of religious liberty claims, the Supreme Court on Tuesday declined to take up a case brought by the owner of a pharmacy and two pharmacists who objected to delivering emergency contraceptives such as Plan B.
The plaintiffs in the case, the Stormans family, sought to challenge Washington State regulation mandating that a pharmacy may not "refuse to deliver a drug or device to a patient because its owner objects to delivery on religious, moral or other personal grounds."
The Stormans are devout Christians and own a pharmacy in Olympia, Washington.
A federal appeals court held that the Washington regulations did not violate the First Amendment.


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That religious freedom law in Mississippi: Newspapers struggle to clarify basic issues

Of all the stories I've seen on Mississippi's new religious freedom law, the one in the Jackson Free Press is one of the few that remembers what the debate is really about: the First Amendment. Specifically, the Establishment Claus versus the Free Exercise Clause.

Not that the newspaper delivers totally on its promise to cover all bases. It stumbles and wanders and omits in places.  Here are the first two paragraphs:

JACKSON -- "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...." How those words affect the language in House Bill 1523 could lead to a historic Establishment Clause ruling this week when U.S. District Judge Carlton Reeves decides whether or not to issue a preliminary injunction to keep HB 1523 from becoming law on July 1.
Pastors, priests, advocates and other Mississippians named as plaintiffs in two lawsuits that challenge the constitutionality of the bill claim that it advances a certain religious view, discriminates by favoring three particular beliefs and favors religion over non-religion, specifically targeting LGBT citizens.

It's a tantalizing start for anyone who still cares about religious rights, and how far the law should protect them.  In a time when people can be fined and shamed for not photographing a wedding or not decorating a cake for one, legal matters can take a painfully personal tinge. And several states, from Florida to Indiana, have passed various versions of the 1993 federal Religious Freedom Restoration Act to cope.

As the Free Press points out, HB 1523 brings in New York-based attorney Roberta Kaplan, who helped bring down Mississippi's law on same-sex marriage. The two argue that the pending state law "favors three particular religious beliefs over others." Those beliefs are that "marriage should be recognized between one man and one woman, sexual relations are reserved to that marriage and that gender is assigned at birth."


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Here we go again: California, courts, abortion, Catholics, colleges, covenants, religious liberty

Did you think you’ve heard enough about religious employers, the federal government, the Little Sisters of the Poor and so on to last a lifetime?

Buckle up, because a new battle has begun.

It’s based in California, which is becoming the new Ground Zero on abortion. There, the issue isn’t federal laws, as has been the case previously.

It all began when some faculty at two Catholic institutions in southern California wanted health care plans that included abortion coverage. Here, we’re dealing with state laws; in fact, 50 sets of them. As Bloomberg explains:

... State laws on abortion coverage are governed by a different legal regime than federally mandated contraceptive care. The 1993 Religious Freedom Restoration Act bars Washington from imposing a "substantial burden" on most religious practice and was at stake in the 2014 Hobby Lobby case as well as the Little Sisters case. But it doesn’t apply to the states.  

That’s the crux right there. All the lawsuits we’ve been hearing about for the past few years (Little Sisters, Hobby Lobby) had to do with the feds. That national angle is just one layer of the wider story.

I’m going to include a few paragraphs from the beginning of a Los Angeles Times story to bring you up to date:


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Yo, journalists: Kentucky has solved its gay-marriage dilemma and Kim Davis is happy

You remember Kim Davis, right? 

Yes, we're still talking about the Rowan County clerk who insisted that her Apostolic Christian beliefs would not allow her to sign -- as required by Kentucky law -- marriage licenses for same-sex couples. If you are drawing a blank, click here and surf around.

At the height of early Kim Davis mania -- when her brief time behind bars was dominating headlines and even evening news shows -- I had an interesting email dialogue with a mainstream news reporter. I was arguing, here at GetReligion, that reporters were ignoring two crucial facts in this story.

Fact 1: From the beginning, Davis and her legal team were open to a compromise that would allow other local and state officials to sign marriage licenses. This would mean removing the slot on the license form requiring the signature of the county clerk.

Fact 2. From the beginning, there were Democrats, as well as Republicans, in the state legislature who backed this compromise -- which would recognize the religious liberty rights of clerks, as well as the U.S. Supreme Court's 5-4 decision legalizing same-sex marriage.

The problem was my use of the positive word "compromise." I was working under what some considered the false impression that a political course of action represented "compromise" if it (a) granted each side their primary goal (same-sex marriage on one side, freedom of religious conscience on the other) and (b) was backed by a broad, centrist coalition of Democrats and Republicans.

My reporter friend's logic was simple: Elite journalists were not going to consider this a "compromise" if Davis was happy with it. Now, what's the implication of that statement?

This brings me to a recent Reuters piece that may, perhaps, wrap up the long, tortured story of Davis and her efforts in support of the free exercise of religious convictions (see the First Amendment). This development has not received much national attention, but I think it's crucial.


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