Religious Liberty

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Horse diapers -- yes, horse diapers -- spur useful Wall Street Journal data dump on RFRA

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Headlines don't get more provocative -- or clickable, to use modern lingo -- than this one from the Wall Street Journal (behind its strong paywall): "When Horse Diapers and Freedom of Religion Collide." 

Yes, I wonder if the late Immanuel "Worlds in Collision" Velikovsky would appreciate the humor.

True to its general form of getting the story straight, the WSJ piece sets forth the conflict between the town of Auburn, Kentucky, wanting to keep its roadways clean(er) and the Old Order Swartzentruber Amish, whose theological conservatism precludes diapering horses:

Horse diapers have been thrust into the debate over religious freedom.
Two Amish men in Auburn, Ky., filed a lawsuit last month saying a city ordinance requiring horses to wear equine diapers -- bags designed to catch manure -- violated the ability of Amish residents to exercise their religion.
The ordinance, passed in 2014, broadened an existing law mandating the removal of dog waste in public places. The new law, which the city said was spurred by complaints from neighbors about horse manure, requires a “properly fitted collection device” to be placed on all horses walking on the street.

What could have been an occasion for lowbrow comedy turns out, in fact, to be a respectful and frank discussion of the merits of an ostensible public health law, as well as competing efforts to defend individual religious freedoms -- specifically the free exercise of religion.

Members of the town’s Amish community have refused to comply with the ordinance, saying equine diapers violate the community’s religious standards. That stance has landed many of them in court, or worse.


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Hey reporters: Is a more active Religious Left a sign of a growing Religious Left?

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Your GetReligionistas have long argued that the mainstream press doesn't pay enough attention to the Religious Left. In fact, I wish that the Associated Press stylebook team could help us all get consistent on the question of whether -- as with the term Religious Right -- it's "religious left" or "Religious Left." I vote for the second option.

Also, anyone who dug into the details of the famous "Nones on the Rise" materials from the Pew Forum realizes that religion-beat pros need to change our thinking about who is in the Religious Left, these days.

You see, it's not enough to focus on the declining numbers of people in liberal Christian and Jewish pews. That story is still important, and worthy of coverage, but it's old. Journalists really need to think of the new Religious Left as a growing coalition of atheists, agnostics, "Nones" and then doctrinally liberal Christians and Jews. When it comes to hot-button religious, cultural and moral issues this is the coalition that stands together. We will come back to that.

I bring this up because of some interesting passages in the main Religion News Service story about the Women's March in Washington, D.C. (Click here for Julia Duin's wrap-up of other angles linked to that important event.)

The first hint of what is coming is this:

Christian, Jewish, Muslim and Buddhist, they rejected the notion that the conservative religious people successfully courted by Trump -- out in force on the National Mall for his inauguration Friday -- represent the only voice of religious America.

But here was the start of the main block of material on this topic:

Andy Miller said his Judaism brought him to Washington Saturday.


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Ken Woodward, et al: History behind Democrats losing some key faith ties that bind

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It's for a deep, deep dive into my GetReligion folder of guilt, that cyber stash of items that I really planned to write about pronto, but then things (oh, like the post-election mainstream news media meltdown) got in the way.

I remembered this particular item because of my recent posts about NBC News and Politico coverage of challenges facing the Democratic Party, which has gone off a cliff in terms of its fortunes at the level of state legislatures (and governors' mansions) in the American heartland (and other places, too). Of course, Democrats are in trouble in Washington, D.C., as well -- but after some truly agonizing close losses.

To sum up those posts: Both NBC News and The Politico totally ignored the role of religious, moral and cultural issues in the current predicament facing the modern Democrats. That "pew gap"? Never heard of it.

But there are people who are thinking about that issue, such as Emma Green at The Atlantic. Scores of faithful readers let us know about the recent piece there that ran with this headline: "Democrats Have a Religion Problem." It's an interview with conservative evangelical Michael Wear, who served as former director of Barack Obama’s 2012 faith-outreach efforts.

For example: What does Wear think of the modern party's attempts to deal with pro-life Democrats, such as himself? Green states the question this way: "How would you characterize Democrats’ willingness to engage with the moral question of abortion, and why is it that way?"

Wear: There were a lot of things that were surprising about Hillary’s answer [to a question about abortion] in the third debate. She didn’t advance moral reservations she had in the past about abortion. She also made the exact kind of positive moral argument for abortion that women’s groups -- who have been calling on people to tell their abortion stories -- had been demanding.
The Democratic Party used to welcome people who didn’t support abortion into the party. We are now so far from that, it’s insane.


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Are Bible classes in public schools constitutional? The answer is complicated

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I don't have a real problem with The Associated Press' coverage of a religion-related federal lawsuit filed against a West Virginia school district.

I mean, it's a threadbare account — roughly 400 words — but that's typical of AP news these days. At least this one makes an attempt to present both sides. 

However, the story does — IMHO — raise more questions than it answers. I'll elaborate below.

First, though, here's the lede:

MORGANTOWN, W.Va. (AP) — A kindergartner's mother sued her public school system in West Virginia, saying a 75-year practice of putting kids in Bible classes violates the U.S. and state constitutions.
The woman, identified as "Jane Doe" in the federal lawsuit backed by the Freedom From Religion Foundation, said her child will be forced either to take these weekly classes at her Mercer County elementary school or face ostracism as one of the few children who don't.
"This program advances and endorses one religion, improperly entangles public schools in religious affairs, and violates the personal consciences of nonreligious and non-Christian parents and students," the suit said.
The school district said the courses are voluntary electives.

GetReligion readers are, of course, familiar with the agenda of the Freedom From Religion Foundation. It's no surprise at all that the organization has an issue with teaching the Bible in public schools.

But does that make the courses unconstitutional? Not necessarily.


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Are faith, morality and culture issues haunting modern Democrats? (Round II)

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Are faith, morality and culture issues haunting modern Democrats? (Round II)

There are two ways to think about the topic of this week's "Crossroads" podcast (click here to tune that in), which focuses on the religion "ghosts" in some recent coverage of the modern Democratic Party's fortunes at the state and national levels.

First of all, there are some basic facts that I think all journalists can see.

The Democrats are way, way, way down when to comes to controlling state legislatures. The same thing is true when it comes to electing governors.

At the same time, the Republicans now control the U.S. House, Senate and the White House. But let it be noted that (a) there have been many close, close contests there and (b) Democrats easily control the states and cities that shape American public discourse, in terms of entertainment, higher education and news.

Democrats have some obvious demographic trends on their side -- with massive support among ethnic groups, the super-rich tech sector and the rapidly growing portion of the U.S. population that is young, urban, single and religiously unaffiliated.

Now, in my recent post ("NBC News on dazed Democrats left in lurch: Decline rooted in race, alone, or 'culture'?") I dug into a long, long feature that basically said the Democrats are having problems with working-class, heartland, white Americans for one reason and one reason only -- the party's history of fighting racism. The story alluded to vague "cultural" issues, but never mentioned, to cite on glaring omission, the role Roe v. Wade played in the creation of the Religious Right and the rise of the (Ronald) Reagan Democrats.

"Crossroads" host Todd Wilken and I worked through all of that, including the fact that -- in the early exit-poll data from Donald Trump's win -- it appears that the "pew gap" remained in effect, favoring the GOP. What is the "pew gap"? Here is a chunk of my "On Religion" column about the 2016 election results:

The so-called "God gap" (also known as the "pew gap") held steady, with religious believers who claimed weekly worship attendance backing Trump over Hillary Clinton, 56 percent to 40 percent. Voters who said they never attend religious services backed Clinton by a 31-point margin, 62 percent to 31 percent. ...
Meanwhile, white Catholics supported Trump by a 23-point margin -- 60 percent to 37 percent -- compared with Mitt Romney's 19-point victory in that crucial swing-vote niche. Hispanic Catholics supported Clinton by a 41-point margin, 67 percent to 26 percent.
Clinton also drew overwhelming support from the growing coalition of Americans who are religious liberals, unbelievers or among the so-called "nones," people with no ties to any religious tradition. In the end, nearly 70 percent of religiously unaffiliated Americans voted for Clinton, compared with 26 percent for Trump.

Note the two sides of that equation.


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Obviously, journalists needed (trigger warning) to let Nat Hentoff speak for himself

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Obviously, journalists needed (trigger warning) to let Nat Hentoff speak for himself

If you really want to understand why the First Amendment radical Nat Hentoff was so controversial -- I mean, other than that whole Jewish, atheist, civil libertarian, left-wing, pro-lifer thing -- then what you really need to do is spend some time reading (or listening to) to the man.

That will do the trick. So watch the video at the top of this post. And hold that thought.

In this week's Crossroads podcast (click here to tune that in), host Todd Wilkens and I talked about the difficulty that some elite news organizations had -- in their obituaries for this complex man -- managing to, well, let Hentoff be Hentoff.

As our launching point, we used the passage in my earlier GetReligion post about Hentoff -- "RIP Nat Hentoff: How did press handle his crusade against illiberals, on left and right?" -- that argued:

... (T)hree pieces of Hentoff's life and work that must be mentioned in these pieces. First, of course, there is his status as a legendary writer about jazz, one of the great passions of his life. Second, you need to discuss why he was consistently pro-life. Note the "why" in that sentence. Third, you have to talk about his radical and consistent First Amendment views -- he defended voices on left and right -- and how those convictions eventually turned him into a heretic (symbolized by The Village Voice firing him) for post-liberal liberals who back campus speech codes, new limits on religious liberty, etc.

To my shock, Wilken ended the podcast session -- with about 90 seconds to go -- by asking me the three essential themes that would have to be included in an obituary for, well, Terry Mattingly. Talk about a curve ball question! You can listen to the podcast to hear my rushed answer to that one.

Like I said earlier, anyone writing about Hentoff has decades of material to quote, if the goal is to let the man speak for himself. Journalists tend to produce lots of on-the-record material.


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Oh no, not again: AP fails to ask school 'covenant' question in LGBTQ teacher case

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I know. I know.

Trust me, I know that your GetReligionistas keep making the same point over and over when digging into mainstream news coverage of LGBTQ teachers (or people in other staff positions) who, after making public declarations of their beliefs on sex and marriage, lose their jobs in doctrinally defined private schools.

We keep making the point over and over because it's a crucial question when covering these stories. When are reporters and editors going to start asking the crucial question?

The question, of course, is this: Had the person who was fired voluntarily signed an employee lifestyle (or doctrinal) covenant in which they promised to support (or at least not openly oppose) the teachings at the heart of the religious school's work?

So here we go again, this time in an Associated Press report -- as printed at Crux -- about another conflict in Charlotte:

A gay teacher sued a Roman Catholic school on Wednesday for firing him after he announced his wedding to a man, the latest in a series of legal fights over anti-discrimination protections for LGBT people.
The lawsuit argues Charlotte Catholic High School violated federal employment law by firing Lonnie Billard from a substitute teaching role in 2014 after a Facebook post about his wedding. While the lawsuit doesn’t invoke state law, it comes amid protracted litigation over a North Carolina law limiting protections for LGBT people.
Billard taught English and drama full time at the school for more than a decade, earning its Teacher of the Year award in 2012. He then transitioned to a role as a regular substitute teacher, typically working more than a dozen weeks per year, according to the lawsuit.

Let me stress, as always, that journalists do not have to agree with a religious school's doctrines -- in this case Catholic -- in order to accurately cover these stories. You just have to realize that many if not most private schools, both liberal and conservative, have these kinds of covenants defending the faith that they claim to represent in their work.


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Huston Smith: Farewell to a religious voyager who personified modern, progressive faith

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Huston Smith: Farewell to a religious voyager who personified modern, progressive faith

Huston Smith -- to my mind an unmatched connoisseur of spiritual experimentation who was also exceptionally grounded in an extraordinary range of religious protocols -- died just prior to the new year, Dec. 30 to be exact, at age 97.

News media coverage of his death, while adequate, underplayed at least one salient point.

Which is: If any one person can be said to represent wholesale societal change, then it may be said that Smith personified the radical reevaluation of contemporary religious beliefs and practices that has profoundly divided Western culture. From the mid-20th century until today, this reevaluation continues.

Evidence of it may be seen in the ongoing culture wars dividing the United States and in parts of Europe.

As I said, the major news media provided adequate coverage of his death, given his limited fame among the general public, and even if they lingered a bit too long on Smith's brief experimentation with (then still legal) psychedelic drugs in the 1960s.

The factual and many faceted details of Smith's academic and personal biography were capably reported, as was his strong support for religious freedoms and religious and cultural pluralism.

For those who missed his death, or are unfamiliar with his life and work, click here for the New York Times obituary. Or click here for the Los Angeles Times obit.

Several outlets noted Smith's death by reposting past interviews and stories. How much easier and cheaper is that in this age of instantaneous web news and shrinking editorial budgets?


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RIP Nat Hentoff: How did press handle his crusade against illiberals, on left and right?

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As a self-proclaimed "Jewish, atheist, civil libertarian, left-wing pro-lifer,” journalist Nat Hentoff had -- as you would imagine -- an unusual set of friends and enemies.

In the end, it's pretty easy to describe the thread that united his admirers. They (I should say "we") saluted his fierce liberalism on First Amendment issues. I would stress that he strongly defended free speech, freedom of association and the free exercise of religious convictions, as well as freedom of the press.

The question today is how much of his unique intellectual equation made it into the elite newsroom articles about his death. Hold that thought.

You could say that the First Amendment was his only creed, but that would be wrong. As an atheist, he was a strict and doctrinaire materialist (especially when DNA was involved). Why would that be controversial? Well, let's let Hentoff explain that, in this famous passage from a 1992 piece -- "Pro-choice bigots: a view from the pro-life left" -- in the old-school New Republic:

Being without theology isn’t the slightest hindrance to being pro-life. As any obstetrics manual -- Williams Obstetrics, for example -- points out, there are two patients involved, and the one not yet born “should be given the same meticulous care by the physician that we long have given the pregnant woman.”

Nor, biologically, does it make any sense to draw life-or-death lines at viability. Once implantation takes place, this being has all the genetic information within that makes each human being unique. And he or she embodies continually developing human life from that point on. ... Whether the life is cut off in the fourth week or the fourteenth, the victim is one of our species, and has been from the start.

This brings us to the elite media obits.

In my opinion there are three pieces of Hentoff's life and work that must be mentioned in these pieces. First, of course, there is his status as a legendary writer about jazz, one of the great passions of his life. Second, you need to discuss why he was consistently pro-life. Note the "why" in that sentence. Third, you have to talk about his radical and consistent First Amendment views -- he defended voices on left and right -- and how those convictions eventually turned him into a heretic (symbolized by The Village Voice firing him) for post-liberal liberals who back campus speech codes, new limits on religious liberty, etc.

So what happened?


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