Supreme Court

Christian legal organizations get the editorial shaft from The Deseret News

When I saw the headline “Serving God by suing others: Inside the Christian conservative legal movement,” I knew the ensuing news article meant trouble.

Would the Deseret News (which produced the above piece) have referred to the Americans for Civil Liberties Union in such a demeaning fashion? Or the Freedom From Religion Foundation?

Both of those organizations spend much of their time suing other entities over religion.

So why all the love for the conservatives? We begin with this:

SALT LAKE CITY -- Roger Gannam cites the Bible to define his company's mission. That wouldn't be notable if he worked at a church or food kitchen, somewhere known for sharing the gospel with the world. But Gannam works at a law firm, suing others and representing those who have been sued.
His employer, Liberty Counsel, advocates for conservative Christian interests in cases related to the sanctity of life, family values and religious liberty, presenting the court system as a way to live out Jesus' "Great Commission."…
Liberty Counsel is part of the Christian legal movement, a collection of advocacy groups working in the legal, public policy and public relations arenas to advance and protect conservative Christian moral values. Together, these firms have turned the courts into key battlefields in the culture wars.

Actually, the courts have been culture wars battlefields for decades. See Griswold v. Connecticut, Roe v. Wade and Obergefell v. Hodges.

The power of this movement will be on display this fall, when Masterpiece Cakeshop v. Colorado Civil Rights Commission is argued before the Supreme Court.


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A religiously intriguing lawyer joins Trump defense team as a key adversary exits  

A religiously intriguing lawyer joins Trump defense team as a key adversary exits  

The addition of controversial attorney Jay Sekulow to President Donald Trump’s defense team is a wide-open invitation for journalistic personality stories. By all accounts, Sekulow, 61, is among America’s most zealous -- and effective -- religious litigators. He also hosts a daily radio show and has become an omnipresent Trump advocate on other media. 

Early coverage on his appointment left unexplored territory on the religion aspects of the sort noted by The Forward, the venerable liberal Jewish newspaper whose print and online editions reach a broad readership. Then The Washington Post published a June 27 jaw-dropper on Sekulowian finances.

More on money in a moment. If The Forward’s treatment seemed harsh, that’s certainly predictable. Sekulow has been in the middle of many social issues that are considered “conservative” while the paper has traditionally embraced socialists and liberal Democrats.

Moreover, Sekulow was raised in Reform Judaism, but became a “Messianic Jew” (that is, an evangelical Protestant of Jewish ethnicity) during college years at Mercer University, where he later earned his law degree. After work as a trial attorney for the IRS and a business lawyer in Atlanta, in 1990 he became chief counsel for the new American Center for Law and Justice (ACLJ), founded by the Rev. Pat Robertson.  

Like Trump’s top lawyer, Marc Kasowitz, Sekulow is no expert in the Washington, D.C., quicksand the President finds himself in. But he’s battle-hardened, having argued 12 cases before the U.S. Supreme Court in his religion specialization. Early on, Sekulow grasped that federal judges are less than ardent supporters of religious freedom claims and switched to a civil liberties strategy exploiting other Bill of Rights guarantees, winning for instance a 1987 Supreme Court OK for airport pamphlet distribution by Jews for Jesus.


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For solid reporting on Trinity Lutheran Church playground ruling, check out the usual suspects

Can I be honest?

My head is still spinning after all the big religion-related news from the U.S. Supreme Court on Monday.

As you may have noticed, I did a post late Monday afternoon on the Masterpiece Cakeshop case. And this morning, tmatt followed up that post with still more cake — I mean, still more reflection on the journalistic questions associated with that high-profile clash of religious freedom vs. gay rights.

But now I want to call attention to another of the major headlines from Monday: The lede from The Associated Press:

WASHINGTON (AP) — The Supreme Court ruled Monday that churches have the same right as other charitable groups to seek state money for new playground surfaces and other nonreligious needs.
But the justices stopped short of saying whether the ruling applies to school voucher programs that use public funds to pay for private, religious schooling.
By a 7-2 vote, the justices sided with Trinity Lutheran Church of Columbia, Missouri, which had sought a state grant to put a soft surface on its preschool playground.
Chief Justice John Roberts said for the court that the state violated the U.S. Constitution's First Amendment by denying a public benefit to an otherwise eligible recipient solely on account of its religious status. He called it "odious to our Constitution" to exclude the church from the grant program, even though the consequences are only "a few extra scraped knees."
The case arose from an application the church submitted in 2012 to take part in Missouri's scrap-tire grant program, which reimburses the cost of installing a rubberized playground surface made from recycled tires. The money comes from a fee paid by anyone who buys a new tire. The church's application to resurface the playground for its preschool and daycare ranked fifth out of 44 applicants.

The most diehard GetReligion readers (I count at least three of you) may recall that we praised a Kansas City Star overview of this case way back in October:


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Slicing up Masterpiece Cakeshop stories (again): It may help to recall that earlier peyote case

Here we go again, and again. From time to time, there are religion-news issues that create headlines day after day, for weeks or months at a time. This creates a problem for your GetReligionistas. Do we keep critiquing these stories, banging our heads on our keyboards as we see the same old mistakes and holes in the coverage?

One could argue that it's more important to note problems that keep showing up in the news than it is to note a mistake that happens once or twice. Surely it's significant when lighting keeps striking the same spot time after time?

Thus, here is an update to yesterday's Bobby Ross, Jr., post: "As Supreme Court bites into same-sex wedding cake dispute, how to tell good media coverage from bad." You may have noticed that Bobby's post was built on themes from previous GetReligion commentary about news coverage of various religious-liberty cases (linked to the Religious Freedom Restoration Act).

With the U.S. Supreme Court wading into the Masterpiece Cakeshop wars, I would like to flash back to a parable I wrote two years ago, in an attempt to help journalists think through several key issues linked to these stories. Here we go (again):

... There is a businessman in Indianapolis who runs a catering company. He is an openly gay Episcopalian and, at the heart of his faith (and the faith articulated by his church) is a sincere belief that homosexuality is a gift of God and a natural part of God's good creation. This business owner has long served a wide variety of clients, including a nearby Pentecostal church that is predominantly African-American.
Then, one day, the leaders of this church ask him to cater a major event -- the upcoming regional conference of the Parents and Friends of Ex-Gays & Gays. He declines, saying this would violate everything he stands for as a liberal Christian. He notes that they have dozens of other catering options in their city and, while he has willingly served them in the past, it is his sincere belief that it would be wrong to do so in this specific case.

Note, in particular that:

It's clear that the gay Christian businessman is not asking to discriminate against an entire class of Americans. He is asking that his consistently demonstrated religious convictions be honored in this case, one with obvious doctrinal implications.

OK, that's another sexuality case. Maybe it would help to think back to an earlier religious-liberty fight. Did Native Americans seek the right to use peyote (period) or did they seek the right to use peyote in a very specific situation, a rite that had existed in the traditions of their faith for centuries?


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Your sobering weekend think piece: A faith-free look at why Americans are so angry

So, Americans, how mad are you? To be specific, how mad are you at other Americans and what were the seeds of your current level of anger? 

As someone who went through the 2016 election cycle in a #NeverTrump #NeverHillary frame of mind, I can't tell you how many times people asked me if that meant that I basically hated everyone in our tense and torn land.

The answer was no, but I had to admit that -- as a guy who self-identified as a pro-life Democrat for decades -- I was already pretty used to being felt left out of these national dramas. I was used to voting third party or going into a voting booth knowing that I faced painful compromises.

So, should I have felt a degree of satisfaction reading that New York Times think piece the other day that ran with this headline, "How We Became Bitter Political Enemies"?

When I saw that, I thought to myself: "Wow, someone is going to go back and trace the venom all the way to Judge Robert Bork." At the very least, this story was going to have to deal with the cultural and political legacy of Roe v. Wade.

No, newspapers have a very short-sighted view of history. In this case, we are talking about a very important set of Pew Research Center numbers that were already causing intense discussion before the attempted massacre of the entire GOP congressional baseball team.

Let's start here, with a chunk of information that is long, but essential reading. The question: Do you think religious, moral and cultural issues are at the heart of this.

“If you go back to the days of the Civil War, one can find cases in American political history where there was far more rancor and violence,” said Shanto Iyengar, a Stanford political scientist. “But in the modern era, there are no ‘ifs’ and ‘buts’ -- partisan animus is at an all-time high.”
Mr. Iyengar doesn’t mean that the typical Democratic or Republican voter has adopted more extreme ideological views (although it is the case that elected officials in Congress have moved further apart). Rather, Democrats and Republicans truly think worse of each other, a trend that isn’t really about policy preferences. Members of the two parties are more likely today to describe each other unfavorably, as selfish, as threats to the nation, even as unsuitable marriage material.
Surveys over time have used a 100-point thermometer scale to rate how voters feel toward each other, from cold to warm. Democrats and Republicans have been giving lower and lower scores -- more cold shoulder -- to the opposite party. By 2008, the average rating for members of the other party was barely above 30.

Ready for the hammer, the killer stat?


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Thinking about America's new sort-of-civil war: Dividing lines are politics, religion and ...

Yes, it's the "Jesusland" map again.

With good cause. Trust me on that.

I can't think of a better illustration, when it comes to the following must-read think piece by David French, one of our nation's most important #NeverTrump cultural conservatives.

But first, if you never read his National Review piece describing the alt-right's war on his family, because of his opposition to the candidacy of Donald Trump, then read it now. Here is the unforgettable first sentence: "I distinctly remember the first time I saw a picture of my then-seven-year-old daughter’s face in a gas chamber."

Now he is back, with a think piece about the bitter, growing, divisions at the heart of America's alleged public life. This piece -- "We’re Not in a Civil War, but We Are Drifting Toward Divorce" -- contains so many must-booknote URLs and Big Ideas linked to religion news that I hardly know where to start or stop. You know how it is when a book hits you so hard that you basically highlight 90 percent of its contents, turning it into a sea of yellow patches?

The big idea: 

Our national political polarization is by now so well established that the only real debate is over the nature of our cultural, political, and religious conflict. Are we in the midst of a more or less conventional culture war? Are we, as Dennis Prager and others argue, fighting a kind of “cold” civil war? Or are we facing something else entirely?
I’d argue that we face “something else,” and that something else is more akin to the beginning stages of a national divorce than it is to a civil war.


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Today in Kellerism: New York Times reporters offer contraceptive mandate apologetics (updated)

The Little Sisters of the Poor is an order of Roman Catholic nuns who take care of elderly people, many (if not most) of whom are indigent or nearly so.

As a non-profit, the Little Sisters provide health insurance for their employees, under a so-called "church plan," a special type of insurance for, well, religious organizations. The Christian Brothers, another Roman Catholic order, administers the insurance for the Little Sisters.

Years of back-and-forth charges and counter-charges over a 2011 rule promulgated by the Obama administration Department of Health and Human Services have just about come to an end. The current administration, following the promise made by President Donald J. Trump, is planning to roll back the contraceptive mandate's application to religious groups -- both religious groups (and their branch organizations) and other doctrinally defined schools and non-profit ministries, such as the Little Sisters.

Cue up a dose of Kellerism, the journalistic belief that certain issues have already been decided by American elites and do not need "balanced" coverage. Unsurprisingly, The New York Times, whose onetime editor Bill Keller provided the name for this GetReligion term, is at the head of the class on this story, headlining its piece, "White House Acts to Roll Back Birth-Control Mandate for Religious Employers."

Let's dive in:

WASHINGTON -- Federal officials, following through on a pledge by President Trump, have drafted a rule to roll back a federal requirement that many religious employers provide birth control coverage in health insurance plans.
The mandate for free contraceptive coverage was one of the most hotly contested Obama administration policies adopted under the Affordable Care Act, and it generated scores of lawsuits by employers that had religious objections to it.


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Fading color purple: America's cultural divisions getting worse, election after election

For various reasons, I didn't get to post a "think piece" this weekend. A "think piece," on this blog, is an essay linked to the news that raises or discusses an issue that I believe is directly linked to religion trends and events that are in the news.

So please consider the following short-ish piece from FiveThirtyEight a kind of holiday weekend thinker for you to scan on your smartphones while flipping burgers at your grills (or pulling pork out of smokers here in the hills of East Tennessee).

To be honest with you, there is little or no religion content in this piece -- which is precisely why it fascinated me. The double-decker headline proclaims:

Purple America Has All But Disappeared
Counties are increasingly super red or super blue, with less and less in between

Purple, of course, represents compromise between liberal blue (urban) and conservative red (Middle America and/or flyover country). The whole fascination with red counties and blue counties really began with that famous USA Today graphic following the 2000 George W. Bush vs. Al Gore race.

What does purple mean on the ground? In my experience, it means liberal social values and conservative economics (think libertarian). On the other hand, it could refer to people who are progressive on economics and conservative on moral issues (think abortion and, now, religious liberty). However, the evidence I have seen indicates that prog pro-lifers, to pick one possible label, have primarily been voting GOP at the national level, due to concerns about the U.S. Supreme Court.

Whatever it means, purple people are an endangered species. The overture in this think piece notes:

President Trump’s victory over Hillary Clinton was among the narrowest in history, and the country is deeply split on his job performance so far. But if you feel like you hardly know anyone who disagrees with you about Trump, you’re not alone: Chances are the election was a landslide in your backyard.


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The Economist explains 2016: Evangelicals sure love money and Donald Trump

It's certainly one of the iconic images from the early 2016 rallies that, to the shock of the all-wise politicos everywhere, helped push Citizen Donald Trump into the White House.

I am referring to the viral image at the top of this post, a picture -- with mocking variations -- that can be found all over the place in cyberspace.

What made this image so perfect? Perhaps it was something about the combination of reality-TV ecstasy on certain faces and that "Thank You Lord Jesus for President Trump" sign.

For many journalists it perfectly captured what they wanted to believe, which was that Trump was the official candidate of white evangelical Protestants. The most deplorable of the deplorables.

After the election, this simplistic view of the primaries evolved into a similar verdict on election 2016, which was that if you wanted to know who to blame (yes, yes, yes) for President Trump that would be angry white men in blue collars and/or white evangelicals. From a true-blue cultural perspective, what's the difference?

Actually, there are lots of differences. As one pollster told me, there's a big difference between Saturday night conservatives and Sunday morning conservatives. There are bar conservatives and church conservatives. In the primaries, the church crowd was really divided and highly conflicted, in terms of backing (to one degree or another) Trump. He had some key old-right religious backers, in the primaries, but there was zero evangelical unity.

This brings me to a stunningly simplistic essay in a source where you aren't supposed to find simplistic journalism -- The Economist. The headline: "Why evangelicals love Donald Trump."

So right there you have trouble. You know that this really means white evangelicals. Or how about Latino evangelicals, who may have given Trump Florida?

Never mind. Here's the overture:


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