Supreme Court

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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The key to understanding the Supreme Court decision on Texas abortion restrictions

Big news today out of the U.S. Supreme Court: As the Washington Post reports, the court — in a 5-3 decision — struck down Texas abortion restrictions that had caused more than half the state's abortion clinics to close.

As always, abortion is one of those topics that mix politics and religion, no matter how hard people try to keep the topics separate. 

The New York Times notes:

The decision concerned two parts of a Texas law that imposes strict requirements on abortion providers. It was passed by the Republican-dominated Texas Legislature and signed into law in July 2013 by Rick Perry, the governor at the time.
One part of the law requires all clinics in the state to meet the standards for ambulatory surgical centers, including regulations concerning buildings, equipment and staffing. The other requires doctors performing abortions to have admitting privileges at a nearby hospital.

How important is this decision? The Daily Beast is pretty excited, calling it "the biggest victory for abortion rights since Roe V. Wade."

Meanwhile, Rod "Friend of this Blog" Dreher of the American Conservative is less enthused (see his new post "Abortion Forever"), but he, too, attaches great significance to the ruling:

The bottom line, it seems to me, is that the Supreme Court will never let any state restriction stand meaningfully in the way of the Sexual Revolution. Ever. No federalism, no democracy, not when it comes to defending the Sexual Revolution.

So what should news consumers look for in the media coverage of this decision?

 


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Trump meets some evangelicals: Looking for drops of journalism in a social-media storm

Let's face it, the Donald Trump semi-rally yesterday in New York City with 1,000 loyal or semi-sympathetic evangelical leaders was (a) the perfect viral event in the social-media era, (b) the logical outcome of religious conservatives' fears about the mainstream press (some of which are justified), (c) a nightmare for old-school reporters committed to personal interviews and real questions or (d) all of the above.

It's next to impossible to separate what may or may not have happened in this event from the tsunami of spin and invective that roared through social media.

Why? Well, because the only source materials reporters had to work with, in terms of obtaining direct quotes from the presentations by Trump and others, were clips circulating in social media. Most of these materials were put on Facebook by an African-American church leader, Bishop E.W. Jackson. One key clip is found here.

If the goal was to turn this into a news event that was almost impossible to cover, in a responsible and/or conventional manner, then the folks at United In Purpose got what they wanted. Yes, yes, I know: Have we reached the point where many reporters -- on left and right -- have next to zero commitment to fair coverage of the 2016 campaign? That's a valid question.

Meanwhile, I have no intention of trying to parse the evangelical vs. evangelical shouting on Twitter (and I say that as someone trying to write about these subjects in my Universal syndicate column). So what can we learn from the actual news coverage?

Not much. Some of the main players basically punted. Consider the top of this short report from The New York Times:


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Next on religious-liberty beat: Orthodox Jews organize against their former high schools

Next on religious-liberty beat: Orthodox Jews organize against their former high schools

An important intra-Jewish dispute in the New York City area has been featured in parochial papers like The Forward and The Jewish Week, as well as in mainstream local news outlets, The New York Times, The Wall Street Journal and the PBS-TV “Religion & Ethics Newsweekly” broadcast.

What happens next? Follow-up coverage should examine a significant religious liberty angle that’s  been downplayed or omitted in media accounts.

Three years ago, graduates of yeshivas operated by the strict Haredim or so-called “ultra-Orthodox” Jews, including Hasidic groups, founded Young Advocates For Fair Education (YAFFED.org). Their legal advisor is Norman Siegel, former executive director of the New York City Liberties Union. These Jews complain that their limited high school educations left them ill-equipped to support themselves as adults, and demand that the city and state education departments enforce laws on minimum school standards.

Last year YAFFED organized 52 parents, former students and former teachers to send officials the names of 39 New York City yeshivas where, they contended, boys receive inadequate general education. The officials promised an investigation but no progress has been reported. The campaign gained traction this year with two crackdown bills introduced in the state legislature in January and then in May.

Though state law mandates basic course requirements for religious as well as public schools, Haredi leaders strongly resist change, seeking to perpetuate their traditions and protect youths from secular influences. News accounts indicate politicians go along.

YAFFED Executive Director Naftuli Moster and Johns Hopkins University Professor Seth Kaplan co-wrote an op-ed in the Forward titled “Why Do Jewish Leaders Keep Ignoring Ultra-Orthodox Education Crisis?” They pleaded with non-Orthodox communal organizations like the UJA-Federation of New York to take up the cause.


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Swimmin' Orthodox women: A complex synagogue-and-state gender wars story

This isn't your basic separation of synagogue-and-state debate that we have here, care of The Atlantic. At least, I don't think so.

Instead, we have a story that -- with the tsunami of gender-identity news about showers, locker rooms and bathrooms -- raises lots of questions linked to public funds, female privacy, religious liberty and, yes, another dose of GetReligion mirror-image news analysis, as well.

As you would imagine, the lawyers in New York City are pretty used to dealing with complicated questions linked to Orthodox Judaism and public life. Now we have this newsy double-decker headline:

Who Should Public Swimming Pools Serve?
Women-only hours at a location in Brooklyn have ignited a debate about religious accommodation and the separation of church and state.

Now, the story by Adam Chandler does make it clear that the issue of "women only" hours at a public pool is not a new one. This isn't the only case involving religious doctrine and the privacy rights of women. But here is the overture, just to get us started.

Oh, I should issue a trigger alert for readers troubled by the word "theocratic," care of, logically enough, an editorial in The New York Times.

This week, a public pool in Brooklyn became the diving-off point for a new clash over religious law and religious coercion in New York City. For decades, the Metropolitan Recreation Center in Williamsburg has offered gender-separated swimming hours in an accommodation to the heavily Hasidic Jewish community that it serves.


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Are Christians paying enough attention to religious-liberty issues for Muslims?

Are Christians paying enough attention to religious-liberty issues for Muslims?

At the end of the Obama era, conservative U.S. Christians are expressing more worries about their religious liberties than they have for a very long time.

Yet devout Muslims face their own challenges. So journalists might ask Christian strategists whether these rival religions might unite on future legal confrontations and, right now, whether they support Muslims on, say, NIMBY disputes against mosques, while also asking Muslim leaders about Christians’ concerns.

As Christianity Today magazine editorializes in the June issue, the U.S. “will be stronger if people of faith -- not just of Christian faith -- are free to teach and enact their beliefs in the public square without fear of discrimination or punishment by the government.” 

This story theme is brought to mind by two simultaneous news items.

On May 24 the Council on American-Islamic Relations (CAIR) filed a federal bias complaint about Muslim workers at Wisconsin’s Ariens Company, which makes snow blowers and lawn mowers. Christian Science Monitor reportage said Ariens granted two daily breaks from the assembly line for required Muslim prayer times but some workers needed three. After negotiations fizzled, the company fired seven Muslims and 14 others quit.

On May 25, the education board for Switzerland’s Basel canton, with teacher’s union support, rejected appeals to exempt Muslim students from the expected daily shaking of teachers’ hands out of respect. The New York Times said the board acknowledged that strict Muslims believe that after puberty they shouldn’t touch someone of the opposite sex except for close relatives, but hand-shaking doesn’t “involve the central tenets of Islam.”

Both incidents show ignorance of, or lack of respect toward, Islam.

Since 1997, CAIR has published pamphlets by Mohamed Nimer of American University that inform schools, employers and medical facilities about the Muslim view of practical issues, for instance:


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Is this a religion story? New HHS rules push faith-based hospitals on transgender issues

At some point, journalists need to stop and ask the following question: Is there any part of the Affordable Care Act that doesn't raise moral and legal questions for the leaders of hospitals operated by religious groups?

What about religious believers who are doctors, nurses, medical technicians or administrators? I think we'll need to deal with that hot-button religious liberty issue another day.

Right now, let's just say that I was amazed at the lack of mainstream news coverage of a recent Health and Human Services announcement about the impact of the White House's gender identity initiatives on medical care. (Click here for the actual document.) Maybe this important story got buried under the tsunami of coverage of government guidelines affecting how public schools handle transgender issues at the level of showers, locker rooms, bathrooms, etc.

Did this HHS announcement have implications for journalists who cover religion?

Apparently not. Here is the top of the short story that ran at USA Today. I missed this story in my early searches for mainstream coverage.

Insurers and hospitals can't discriminate against patients because of their gender identity under the Affordable Care Act, federal officials said Friday, but patient groups complained the rule doesn't go far enough.
The Department of Health and Human Services finalized a rule that prohibited discrimination in health care based on a long list of characteristics ranging from race to pregnancy, gender identity and "sex stereotyping."
It doesn't mean insurers have to cover all treatments associated with gender transitioning but they just can't outright deny them either. But the rule doesn't go far enough in clarifying what is discrimination, some say.

In the final sentence, the story notes:


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Will the waning Barack Obama administration rewrite religious hiring rules?

Will the waning Barack Obama administration rewrite religious hiring rules?

Church-and-state disputes are a hot beat and it's getting hotter all the time.

We have religious objections over the government’s transgender bid to control school toilets and locker rooms nationwide, the Supreme Court’s bounce back of the Little Sisters’ “Obamacare” contraception case, states’ debates over whether merchants can decline gay wedding services on religious grounds, and much else.

Media coverage to date shows little interest in how church-state policy might be affected by a President Clinton, or a President Trump, or the jurists on Donald Trump’s recent Supreme Court list, or a Justice Merrick Garland. Will this be raised at a big June 9-11 “religious right” confab in D.C.? Speakers will include Trump and former challengers Cruz, Fiorina, Huckabee, Kasich, Paul, and Rubio, plus House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.

Meanwhile, interest groups are ardently lobbying the Obama Administration to change religious hiring policies during its waning days. At issue is application of the federal Religious Freedom Restoration Act (RFRA) under the 2007 “World Vision memorandum” (click for .pdf) from the Bush Administration’s Department of Justice.

World Vision, a major evangelical organization, had landed a $1.5 million grant to provide mentoring for at-risk youths. The memo ruled that it’s legal for such religious agencies fulfilling service programs through  federal grants to consider religious faith in their hiring. The Obama White House has thus far resisted pressure to abolish that policy, most recently in a Feb. 22 letter from ranking Democrats in the U.S. House.


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Theodicy in the White House race? Believers facing a choice that is more than political

Theodicy in the White House race? Believers facing a choice that is more than political

The first time someone sent me the link to this obituary from The Richmond Times-Dispatch, I was sure that it had to be a fraud, perhaps something produced by those talented tricksters at The Onion.

Ah, but the URL did, indeed, take readers to the proper news website in Richmond.

Now, when you think something is a fraud one of the first things you do is head over to Snopes.com to see if that crew had rendered a verdict. Indeed, the Snopes team is flying a "True" flag. This citizen wanted to send a message to the world.

Thus, I mentioned this instantly viral obituary during this week's "Crossroads" podcast discussing the whole "lesser of two evils" conflict that many cultural and religious conservatives are experiencing during this election year. Click here to tune that in and we'll come back to my Universal "On Religion" column on that topic.

But here is the top of the obituary in question. When host Todd Wilken and I were discussing this on the air, I just couldn't get my self to use the woman's name. Why? Well, because the first couple of people I discussed this with -- face to face -- kind of turned pale and asked if suicide was involved. The answer is "no."

NOLAND, Mary Anne Alfriend. Faced with the prospect of voting for either Donald Trump or Hillary Clinton, Mary Anne Noland of Richmond chose, instead, to pass into the eternal love of God on Sunday, May 15, 2016, at the age of 68.


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