Supreme Court

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CNN on Gorsuch: Is the judge a crypto-Catholic or a safe, normal Episcopalian?

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Supreme Court confirmation hearings for Judge Neil Gorsuch begin today, so get set for some good TV.

A few journalists are still trying to get to the bottom of the form and content of Gorsuch’s religious views. Is he truly an Episcopalian or some kind of crypto-Catholic? Is he conservative or liberal? What are his views on abortion?

The latest effort, from CNN, assembles together what a lot of journalists have written about the nominee’s faith plus a few details the reporter found out on his own. The headline: “What is Neil Gorsuch’s religion? It’s complicated” hints at what's to come. We start here:

WASHINGTON (CNN) Earlier this month, the Trump administration summoned two dozen religious leaders to a private meeting. The mission: to rally support for Neil Gorsuch, Trump's Supreme Court nominee…
Eventually, the conversation turned to Gorsuch's own religious background.
He was raised Catholic but now worships with his wife and two daughters at St. John's Episcopal Church in Boulder, Colorado. Like the city, the congregation is politically liberal. It bars guns from its campus and installed solar panels; it condemns harsh rhetoric about Muslims and welcomes gays and lesbians. And its rector, the Rev. Susan Springer, attended the Women's March in Denver, though not as a form of protest but as a sign of support for "the dignity of every human being."

It goes a lot into his early life as a child in a Catholic family and then:

After college and law school, between stints clerking at the Supreme Court, Gorsuch studied legal philosophy at Oxford University in England, where his dissertation was supervised by John Finnis, a giant in the field and a former member of the Vatican's prestigious International Theological Commission.
Among laypeople, Finnis may be best known for his expositions on natural law, an often-misunderstood area of legal and moral philosophy.

The article then veers into a discussion of natural law. But isn’t Oxford where Gorsuch switched from the Catholic to the Church of England, also known as the Anglican Communion or, in the United States, the Episcopal Church? Writing about Gorsuch a few weeks ago, I included information on this point thanks to a helpful piece in the Daily Mail that connected the dots. 

However the CNN piece -- this is crucial -- suggests the Brits are wrong and that the judge never changed faiths.


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With The New Yorker, you can have your cake and gain insight into flowers and same-sex weddings, too

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If you've followed the religious liberty headlines of recent years, you're familiar with Jack Phillips of Masterpiece Cakeshop in Lakewood, Colo., and Barronelle Stutzman of Arlene’s Flowers, in Richland, Wash.

The New Yorker has a piece out this week that references both.

Now, if you're a regular GetReligion reader, you may wonder: Is The New Yorker even news? After all, our journalism-focused website avoids critiquing advocacy reporting and opinion pieces. The answer is that sometimes The New Yorker is news, and other times it isn't.

In this case, it is.

And it's good news. I'm not talking about the subject matter, mind you. I'm referring to the fairness and quality of the journalism.

In a Twitter post, LGBT Map described The New Yorker story as a "helpful overview of the high stakes in this case" (meaning, the Masterpiece Cakeshop case). And the president of Come Reason Ministries characterized it as "a fairly well balanced summary of the legal questions surrounding cake bakers & gay weddings." I agree with both of those tweets.

I'll highlight three things that struck me about this story, which contemplates whether the U.S. Supreme Court might take up the case of either Phillips or Stutzman:


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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

The U.S. Supreme Court decided March 6 to punt on its first encounter with the growing transgender rights movement, sending the Gloucester County School Board case back to the 4th U.S. Circuit Court of Appeals for review. The high court had scheduled this Virginia case for oral arguments March 28, but the incoming Donald Trump administration has for the time being rescinded the Obama Administration policy the 4th Circuit relied upon.

The evolving situation merits close Godbeat attention due to the major challenge for advocates of religious liberty, already on the defensive over other issues. With gay marriage legalized throughout the United States by the Supreme Court, the LGBT movement is focusing all its moxie on transgender rights.

The basics for reporters: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That redefined “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant biological gender, not an identity that may conflict with it. The new contention that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

In the Virginia case, an anatomically female high schooler who is transitioning wanted to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security, including access to locker rooms and showers that were not raised in the Virginia dispute.

A major chunk of U.S. organized religion has reacted in unison against the Obama policy and 4th Circuit ruling.


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The Ivanka/Jared factor: Who's reporting on their clout and the faith connection?

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I was going through my daily collection of emails from the various media on Friday when I noticed something on the Washington Post’s “Daily 202” email blast about the documents President Trump doesn’t want people to see him sign.

Then there was this. Does anyone else sense a religion ghost here, as your GetReligionistas would put it? Read on:

Trump’s daughter Ivanka and son-in-law Jared, both top advisers, also tend to be extremely uneasy with the kinds of socially-divisive executive actions that will offend their 30-something liberal socialite friends in Manhattan, whose cocktail parties they want to continue getting invited to. They killed a draft executive order that would have dramatically expanded the rights of people, businesses and organizations of faith to opt out of laws or activities that violate their religion, such as same-sex wedding ceremonies.

We’ve been writing about the often unbalanced news coverage of the Baronelle Stutzmans and the Elaine Huguenins and the Melissa Kleins of this world –- all of them people who’ve declined to assist at weddings of gay clients because of their religious beliefs. A major reason why a lot of folks voted for President Donald Trump was to put an end to such lawsuits. Are all these folks’ hopes going to be washed down the river thanks to Ivanka and Jared?

Why is this duo all that powerful? They've recently been criticized for not stopping Trump's reversal of Obama's transgender bathroom bill.

Let’s back up a bit. There was a lot going on in early February (Justice Neil Gorsuch, the Superbowl, the National Prayer Breakfast) when all this broke. The Nation magazine described the draft executive order here. 

A New York Times piece then explained how the order got killed:

WASHINGTON -- The two most influential social liberals in President Trump’s inner circle — daughter Ivanka and son-in-law Jared Kushner -- helped kill a proposed executive order that would have scrapped Obama-era L.G.B.T. protections, according to people familiar with the issue…


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Time to work up those walkups to the Supreme Court's big transgender moment

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Time to work up those walkups to the Supreme Court's big transgender moment

On March 28, the U.S. Supreme Court hears arguments in the Gloucester County School Board case, its first encounter with the growing transgender rights movement.

Journalists, it's time to work up those walkups.

The basics: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal  “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That change redefined  “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant  biological gender, not an identity that may conflict with it. In the current case, an anatomically female Virginia high schooler who is transitioning wants to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security.

The case’s significance is not ended by the February 22 decision of the incoming Donald Trump administration to rescind the Barack Obama directive for now. Access to locker rooms and showers are also part of this hot-button debate.

With gay marriage legalized throughout the United States by the Supreme Court, the LGBTQ movement is focusing all its moxie on transgender rights. The belief that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

That poses a major challenge for advocates of religious liberty, already on the defensive with other issues.


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Judge Neil Gorsuch's Anglicanism is still a mystery that journalists need to solve

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It’s been about three weeks since Neil Gorsuch has been nominated to the U.S. Supreme Court and we’re no closer to figuring out what makes him tick, spiritually. However, there have been a few jabs at trying to gauge the spiritual temperature of his family's parish in downtown Boulder, Colo..

The most aggressive reporting has been by a British outlet, the Daily Mail, whose reporters have shown up at Gorsuch’s parish, St. John’s Episcopal. The Mail has also been sniffing about Oxford University (pictured above), which is where Gorsuch apparently became an Anglican during his studies there. It was also where he met his future wife Marie Louise. Her family is Anglican and the Mail explains that all here and here.

Very clever of them to nail down his wife’s British background and that of her family and to have interviewed Gorsuch’s stepmother in Denver.

They too see a dissonance in Gorsuch’s purported conservative views and the church he attends:. 

He has been described as 'the heir to Scalia' and is a religious conservative whose appointment to the Supreme Court was greeted with jubilation on the pro-gun, anti-abortion Right.
But DailyMail.com can reveal that Neil Gorsuch's own church, in Boulder, Colorado, is a hotbed of liberal thinking -- and is led by a pastor who proudly attended the anti-Trump Women's March in Denver the day after the President's inauguration.
Another member of the clergy at St. John's Episcopal Church is outspoken about the need for gun control, and helped organize opposition to a gun shop giveaway of high-capacity magazines in the run-up to a 2013 law that banned them from the state of Colorado…
And in a twist that may surprise religious conservatives who welcomed Gorsuch's appointment, church leader Rev. Susan Springer, 58, has said she is pro-gay marriage and offers blessings to same sex couples.


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God is in the faith details? The messy, complicated lives of Norma 'Jane Roe' McCorvey

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If you ever talked with Norma McCorvey, you know that there was one thing that she wanted journalists to do more than anything else: To tell her story, with all of its messy and complicated details.

She had more than her share of regrets. She had deep sorrows and, through the years, crossed an ocean of shame. As "Jane Roe" of Roe v. Wade she was a footnote in just about every textbook used in an American History class, at any level of education. Yet, from her point of view, she was famous because of a lie at the heart of her own life.

She knew that she could not make her lies go away. But she did want journalists to allow Americans to hear her tell the story of when she lied, why she lied and how she came to regret what legal activists built with the help of her most famous lie. Thus, she told her story over and over and over, while also trying to walk the walk of a conception to natural death Catholic pro-lifer.

The key point: For McCorvey, her adult life begins with lies and ends with attempts to live out the truth. For those on the cultural left, her public life began with truth and then sank into sad confusion and religious sentiment.

Now McCorvey has died, at age 69. That means that almost every newsroom in America will offer some version of her story -- one last time. How many of the scandalous details of her complicated life will make it into print? When looking at the mainstream obits, there is one key detail to examine: How seriously did each news organization take McCorvey's conversion to Roman Catholicism?

Let's start with the Associated Press, since that feature will appear in the vast majority of American newspapers. To its credit, the AP piece puts both halves of the McCorvey journey in the lede, where they belong.

DALLAS (AP) -- Norma McCorvey, whose legal challenge under the pseudonym “Jane Roe” led to the U.S. Supreme Court’s landmark decision that legalized abortion but who later became an outspoken opponent of the procedure, died Saturday. She was 69.

A few lines later there is this crucial summary of her life -- stated from McCorvey's own point of view, drawn from an autobiography.


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Back to the Washington state florist: Was Stutzman seeking right to shun all gay customers?

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To no one’s huge surprise, the Washington state Supreme Court ruled against Baronelle Stutzman for refusing to provide flowers for a gay friend’s wedding. Also to no one’s surprise, she (that is, her lawyers) immediately appealed to the U.S. Supreme Court, which may get a new justice soon.

So what is the key question in this story for journalists striving to cover the actual arguments in the case? Once again, the small print in this story is that that Stutzman wasn’t refusing to serve gay people in all instances, like the Woolworth's lunch counter sit-ins during the Civil Rights era. Instead, she was claiming the right to refuse to provide flowers in one doctrinally defined situation -- a marriage rite.

But did mainstream news reporters make that crucial distinction?

In almost all cases the answer is "no." We’ll start with what the Seattle Times said:

A Richland florist who refused to provide flowers to a gay couple for their wedding violated anti-discrimination law, the state Supreme Court ruled Thursday.
The court ruled unanimously that Barronelle Stutzman discriminated against longtime customers Rob Ingersoll and Curt Freed when she refused to do the flowers for their 2013 wedding because of her religious opposition to same-sex marriage. Instead, Stutzman suggested several other florists in the area who would help them.
“We’re thrilled that the Washington Supreme Court has ruled in our favor. The court affirmed that we are on the right side of the law and the right side of history,” Ingersoll and Freed said in a statement.
Stutzman and her attorneys said they would appeal the decision to the U.S. Supreme Court. They also held out hope that President Donald Trump would issue an executive order protecting religious freedom, which was a campaign pledge.

The article went on to rehearse the facts of the case and then quote several people (the state attorney general and the American Civil Liberties Union attorney for the gay couple) who were at a Seattle news conference. This went on for a number of paragraphs.

The Seattle Times gave two paragraphs to a press release from Stutzman’s attorneys.


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Do both sides agree it's stupid to require a father's approval for an abortion? Media don't bother to ask

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Anti-abortion legislation in my home state of Oklahoma is making national headlines. Not for the first time.

The latest bill proposes to give fathers the power to block abortions.

The Oklahoman reports on today's front page:

An Oklahoma House committee approved a bill allowing fathers to veto an abortion, despite objections that it would be found unconstitutional.
The measure requires women seeking an abortion to provide the father’s written, informed consent. A woman would also have to reveal the father’s name.
House Bill 1441 now moves on to the full House. It must still get Senate approval before heading to the governor.
The bill’s author, state Rep. Justin Humphrey, said he just wants to add the father into the abortion process.
“My bill would stop an abortion if a father does not agree to the abortion,” Humphrey told the committee, which eventually voted 5-2 in favor of the legislation.

It's clear that one side — the pro-choice side — is in an uproar over the Oklahoma bill.

From the Washington Post:


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