Supreme Court

It's impossible to praise or attack Justice Scalia without covering his Catholic faith

This is an ironic day in American political life, a day in which lots of labels are being tossed around by journalists -- in some cases, once again, with little thought given to whether those labels are still relevant or accurate.

That thunderclap you just heard was, of course, the news that Justice Antonin Scalia had died. The timing is stunning, to say the least, with a White House race unfolding and a U.S. Supreme court schedule packed with major cases linked to the First Amendment and church-state issues.

There is too much coverage, already, to try to take a look at it all. But let me make a few suggestions for some guidelines for readers as they dig into the coverage.

Look for coverage that quotes Scalia's friends as well as his enemies. You will know that you're in good company, in terms of journalism, when you hit features that note that some of his fiercest opponents, when it came time to argue law, were also among his closest friends. 

Scalia was a conservative in several senses of that word, especially when it came to law and to faith. Yet, like the word "liberal," that is a word that is often of little use when discussing matters of law and now politics. Right now, an old-school First Amendment liberal, or literalist, increasingly looks like a cultural conservative.

So look for stories that refuse to pin simplistic labels on Scalia.

Then, alas, there is this early NPR piece, as a negative example. Yes, it involves use of the f-word that journalists love to use in ways that directly contradict the Associated Press Stylebook.

Also note that the written work of this justice -- famous and infamous for his use of wit and sarcasm -- is reduced to one of those shallow verbs that journalists use when, basically, they want to call someone simplistic or even dumb:


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Essay on CNN.com asks: Should journalists who go undercover doing research be worried?

Yes, this is a post about legal issues linked to the Planned Parenthood videos. But that is not where I want to start.

If you followed the twisting legal arguments surrounding the Westboro Baptist Church protests -- especially the horrible demonstrations at the funerals of military veterans -- you know that most of the headlines focused on freedom of speech.

However, journalists had a lot at stake in this fight, too (whether they felt comfortable about that or not). Why is that? Here is how I described the crucial press-freedom issue in a post -- "Why journalists love Westboro Baptist" -- back in 2010. I asked readers to glance at the coverage of Westboro's arguments at the U.S. Supreme Court and:

Then answer these questions. In addition to telling the story of the grieving family, which is essential, does the report in your local news source tell you (a) that the protests were moved to another location that was not in view of the church at which the funeral was held and that mourners did not need to pass the demonstration? Then, (b) does it note that the grieving father's only viewing of these hateful, hellish demonstrations took place when he viewed news media reports or read materials posted on the church's website? Those facts are at the heart of this case, when you are looking at the legal arguments from a secular, legal, even journalistic point of view. This is why so many mainstream news organizations are backing the church.

In other words, when push came to shove journalists had to defend their own right to cover these hateful demonstrations. People who thought of themselves as "liberals" kept shooting at Westboro and hitting the First Amendment, instead. As a statement at the Reporters Committee for Freedom of the Press put it, in 2011:


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Los Angeles Times crowns Justice Roy Moore as American ayatollah

I wasn’t planning on writing about Alabama Supreme Court’s chief justice so soon after my Jan. 7 post, but the Los Angeles Times posted a news piece that was so awful, it deserves an Oscar nomination for "Most Biased Piece of U.S. Journalism in 2016 Thus Far." I am referring to Thursday’s article that came with the headline: “Gay marriage order puts spotlight again on the ‘Ayatollah of Alabama.' ” And yes, the article that followed was as bad as the headline.

Please keep in mind as you read this that Get Religion has a name -- “Kellerism” -- for this type of piece. That’s the practice, described here by tmatt and pioneered by the New York Times, of assuming that one side of the debate is dead wrong and, thus, doesn’t deserve fair representation.

Here we go:

When Alabama Chief Justice Roy Moore issued his latest controversial order on gay marriage, urging probate judges to stop issuing marriage licenses to same-sex couples, many considered it a brazen, last-ditch act of defiance against the U.S. Supreme Court.
The long-contentious chief justice of the Alabama Supreme Court didn’t see it that way at all. Merely a humdrum matter of procedure, he explained. “At this point, I am not defying the United States Supreme Court,” the staunch 68-year-old Baptist and Republican said.
When it comes to Moore -- dubbed the “Ayatollah of Alabama” by a civil rights group and chided by the daughter of the late George Wallace as being more dangerous than the combative former governor -- little is ever just humdrum procedure.

An anonymous “ayatollah” label, huh?


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Stephen Prothero wades into Wheaton wars: 'Are Allah and Jesus the same God?'

The drama at Wheaton College rolls on. I have held off talking about it, in part because -- after decades in Christian higher education -- I know that it will be hard for reporters to get behind the scenes and find out what is actually going on.

Why? Because money and donors are involved? Of course. Name a controversy in higher education -- left or right, secular or religious -- that doesn't involve donors.

Because believers don't like bad public relations? Yes, that's true. But privacy laws are also important at private schools. What can Wheaton leaders say about this case without legally violating the privacy of the professor at the heart of all this?

Are there First Amendment issues linked to freedom of religion and freedom of association? Yes, and what about that 9-0 U.S. Supreme Court ruling in 2012 backing the right of doctrinally defined educational institutions to hire and fire their own leaders, based on doctrinal criteria?

Because politics are involved? Yes. But it's crucial for reporters to realize that the political battles here are built on issues of doctrine. Lots of Christians -- including evangelicals -- do not agree on how to answer this question: Is the God of the Hebrews, the God Jesus intimately called "Father," the same as Allah, the radically transcendent God of Islam? What do Muslims say?

There is another factor in this timeline. The New Testament reports that Jesus said, "I am the Father are one." Jews, of course, reject the Christian Trinity, but in doing so they are arguing with Jesus and the founders of the early church -- all Jews. Islam, of course, comes after the earthly ministry of Jesus and explicitly (check out the inscriptions in the Dome of the Rock) rejects that God has a Son.

One other factor that journalists must grasp: There is no one definition of "evangelical" and there is no one prevailing authority that gets to call the doctrinal shots. Remember what the Rev. Billy Graham -- the most famous Wheaton graduate, ever -- told me long ago, when I asked him how he defined "evangelical"?


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Flashback 2015: New Religion News Service editor goes global (PBS looks to 2016)

So we know how the Religion Newswriters Association poll viewed the Top 10 news stories of the year (commentary here and "Crossroads" podcast here). The original RNA press release is right here. So what did other mainstream religion-news outlets have to say?

I will let veteran reporter Kim Lawton and a panel of experts at the PBS Religion & Ethics Newsweekly broadcast speak for themselves. The video is up top and the transcript is here.

So how does the broadcast open? Well, it's about 2015, so I'm afraid that we are talking ISIS, terrorism, refugees and Donald Trump. And then Pope Francis.

Over at Religion News Service, Jerome Socolovsky -- the wire service's the new editor -- offered a list of what he billed as the "most consequential religion stories of the past year."

I think that is "consequential" in the sense of "important or significant," as opposed to "self-important; conceited." All I know is that this is a very thoughtful and well-developed list and I recommend it highly, especially if you are interested in the global angle on religion news over the past year. In particular, I thought the wording on the No. 1 item is especially strong:

ISIS and the lure of the apocalypse

We had already been introduced to the unspeakable cruelty of this group called the Islamic State, or Daesh in Arabic. And it continued this year: Coptic Christians were slaughtered on a Libyan beach in an act shown to the world in high-definition video.


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Flashback 2015: Revealing Top 10 lists from Religion Dispatches and Patheos Evangelical

So far, your GetReligionistas have shared quite a few Top 10 story lists marking the end of the year -- like here, here, here and here, with an attached podcast here. These have ranged from the Religion Newswriters Association list to that of the Associated Press. I found it interesting (commentary here) that the top AP story -- period, as in the top story in the whole world -- was a religion news story, but that wasn't the top story in the RNA poll. Go figure.

Obviously, I find these lists fascinating, in part because they show us (a) just how complex the world of religion news really is and (b) the unique points of view (which can, in some cases become biases) that affect how scribes and editors see the world of religion news. There is much to learn in these lists, both for news professionals and news consumers.

In the next couple of days I will be posting a number of additional lists covering religion news in 2015, from a variety of different points of view.

Please let me know if I missed one or two that you would like to see posted.

Let's start with the Religion Dispatches list of the "Ten Religion Stores That Went (Mostly) Missing in 2015." The whole idea here, of course, is that these are stories that, from the point of view of Peter Laarman, SHOULD have received more coverage in the past year.

Read them all. But here are a few that caught my eye:

2. The struggle of the Black Church to come to terms with #BlackLivesMatter.
In some cities there has been visible conflict between Old Guard pastors (many of whom still identify with the 20th century civil rights movement) and the New Guard of fearless youth, many of whom are not shy about showing contempt for the pastors.


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Win for religious right alone? Kentucky governor backs same-sex marriage compromise

As often happens during the rush of the holidays, a few interesting stories get pushed to the side when it comes to national coverage.

So let's flash back to a few days before Christmas day, when the new Republican governor of Kentucky did something that was interesting and controversial. He issued an executive order that would immediately clear the way for same-sex couples to get married -- with no hassles -- in any county in the Bluegrass State.

You didn't hear about this?

The action was controversial, because under normal circumstances the state legislature needs to act in order to make this kind of change in state laws. That could happen in the very near future, but Gov. Matt Bevin decided not to wait. Still, as The Louisville Courier-Journal noted, this move had some bipartisan support:

... Democratic House Speaker Greg Stumbo praised the move, saying he was an early proponent of a similar approach. "It's a simple fix, and I applaud the governor for finding a way to balance the law and the concerns that county clerks, like mine in Floyd County, had."

Oh, wait, right. This action by the governor did make it possible for various state officials to willingly sign marriage licenses for same-sex couples. That's good for gay couples. However, it also made it possible for county clerks to retain their jobs without, by having to sign their approval of same-sex unions, violating centuries of Christian doctrine. That's good, for those seeking a liberal interpretation of the First Amendment's guarantee of the free exercise of religion.

Thus, Bevin's action was not really a win for gay couples, as well as traditional Christians, Jews, Mormons, Muslims and others. It was something else, as stated in the coverage by The Lexington Herald-Leader:


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Inside Higher Education takes lazy road on covering sex and theology at Biola University

 

A short article in Inside Higher Education drew our attention this week, as it talks about Biola University going against the grain in contemporary American culture by strengthening its public opposition to sex outside of heterosexual marriage.

Once again, the key here is the school's statement of Christian doctrine -- as opposed to a set of legal "rules" -- that define it as a voluntary association of believers.

Biola is a private liberal arts Christian college in La Mirada, a suburb of Los Angeles that was described thusly by Inside Higher Education:

A few Christian colleges have moved in 2015 to change their rules to permit the hiring in some circumstances of gay and lesbian faculty members. Those colleges are in the distinct minority among evangelical colleges, most of which require faculty members, employees and students to abide by conduct codes that bar any sex except in heterosexual marriage.
At least one Christian institution in California, Biola University, has responded to shifts in public attitudes about sexuality and gender identity by twice in recent years making its rules more strict. While the university characterizes the changes as clarifications, some gay and lesbian employees have complained that the additions make it more difficult for them to sign a required statement that indicates their adherence to the college's rules.

 


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The Los Angeles Times omits a key (ghost!) detail in John Roberts retrospective

One odd innovation during the most recent GOP presidential candidates debate was how many candidates trashed Supreme Court Chief Justice John Roberts. Wasn’t he the savior for all conservatives some 10 years ago? Didn’t he trash the recent majority ruling on same-sex marriage in June?

Which is why I was interested to read a recent Los Angeles Times story on Roberts’ fall from grace, as it were. 

Several publications ran similar 10th anniversary pieces on Roberts' ascent to the high court this past week. The chief justice, by the way, just turned 60, so his influence on the court should last at least another 20 years, if he sticks around as long as some of the current 80-something justices.

Here is a crucial section of the Los Angeles Times piece. Might there be a crucial element of his work and worldview missing?

When a divided Supreme Court handed down six major rulings in the last week of June, Chief Justice John G. Roberts Jr. came down firmly on the conservative side in five of them.
He voted against gay marriage, in favor of weakening a federal law against racial bias in housing and for the Arizona Republicans who challenged the state’s independent panel that draws election districts. He joined 5-4 majorities to block an Obama administration clean-air rule and to uphold a state's use of substitute drugs to carry out lethal injections.
But as Roberts this week marks the 10th anniversary of becoming chief ustice, he finds himself in the cross hairs of right-leaning pundits and GOP presidential hopefuls who brand him a disappointment and openly question his conservative credentials because of the one case of the six in which he voted with the court’s liberals.


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