Supreme Court

Don't let the headline fool you: USA Today's story on Masterpiece Cakeshop case is a tasty read

When I started in journalism — back when cavemen and Terry Mattingly roamed the earth — reporters at major newspapers typically didn't write their own headlines.

They'd file their story to an assigning editor, who would give it a first read, ask questions, make revisions and eventually ship it down the line, either to another assigning editor or to the copy desk. It was not unusual for a handful of editors to handle a story — particularly a major one — before it hit the press and landed on readers' driveways before sunup.

The copy desk — often late at night — would check for grammar, spelling and Associated Press style errors. And at some point, a slot editor would place the story on a page with a headline that could be any number of lines and columns, depending on the ads around it.

Before the days of easy fixes online, the copy editors saved reporters from egregious and embarrassing mistakes in smelly black ink. But yes, sometimes, those same editors — under deadline pressure — came up with headlines that were, um, less than representative of what the story actually said.

So a common defense of the writer class to headline fails was: "Reporters don't write their own headlines." In other words, don't blame us!

Is that still true? In the web-first age, do writers still depend on editors to craft their headlines? In some cases, yes. But in general, it varies. So I have no idea who wrote the headline on the USA Today story I want to highlight today.

But I will say this: The newspaper's story on the Masterpiece Cakeshop case (click here if you somehow have no idea what I'm talking about) is interesting and informative.

The headline? Not so much:

Same-sex marriage foes stick together despite long odds

Blah.

That's not really what the story is about. 


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Canadian law school case before Supreme Court tests press impartiality -- again

Far from the maddening crowd of Donald Trump in Asia and Roy Moore in Alabama is a legal battle in Canada involving a private Christian law school that can’t get accredited because the institution affirms two millennia of Christian doctrine forbidding sex outside of marriage.

The matter is so contentious that its case will be heard Nov. 30 and Dec. 1 before the Canadian Supreme Court. Of course, here at GetReligion we are primarily interested in noting whether mainstream journalists are covering both sides of this debate with anything approaching fairness and accuracy.

I’ll have to hopscotch between news accounts to explain the whole thing. The Toronto Globe and Mail describes Trinity Western University thus

The private university, established in 1962, has a "Community Covenant" obliging students to sign a promise not to engage in sexual activity outside of heterosexual marriage. Law societies in both provinces voted against licensing the graduates, calling the school discriminatory. B.C.'s Court of Appeal overturned one such rejection, while Ontario's top court upheld the other.

Several paragraphs down, you get this:

Two same-sex advocacy groups, Start Proud and OUTlaws, say in a joint filing that the Community Covenant means LGBTQ persons, including married ones, "can never be their authentic selves while attending TWU. … No one should be forced to renounce their dignity and self-respect in order to obtain an education."

This case is a bit of a headspinner for Americans used to the likes of schools such as Brigham Young University and Liberty University, both of which are private schools that have doctrinal covenants forbidding students to sleep around. These –- and many other universities’ –- prohibition against same-sex relationships have caused some to charge them with violating Title IX (which prohibits discrimination based on sexual orientation or gender stereotypes).

Although many American religious institutions have been granted exemption from Title IX since 2014, that hasn't stopped gay activists from trying to keep BYU out of the Big 12 (football) Conference because of its standards on extramarital sex. My colleague Bobby Ross has written on this

Canada apparently has no similar protections for faith-based schools, leaving them wide open to lawsuits.


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Why is the Bladensburg Peace Cross case important? The New York Times spells it out

When I lived in Maryland and commuted a few miles to my Washington Times job, I often drove by a huge World War I memorial known as the “Peace Cross.” Every so often I thought: I wonder if someone is going to file a lawsuit against the monument, claiming to be offended by it.

It’s true that the Supreme Court has said there’s no legal basis in removing a monument simply because one person is offended by it -- but these are strange times. Look at what the new iconoclasm is doing to some Civil War monuments and could do to others.

In fact, one legal group posted a blog item suggesting that if the Ten Commandments offend you, don’t visit Washington, DC. And yes, there is now an effort to remove the peace cross.

Here is the top of the New York Times report on this controversy. The key: Try to find information stating why someone -- right now -- is offended by this old monument.

BLADENSBURG, Md. -- Five miles from the United States Supreme Court, a 40-foot-tall World War I memorial in the shape of a cross has stood for nearly a century. Now, it is at the center of a battle over the separation of church and state that may end up on the court’s docket.
The United States Court of Appeals for the Fourth Circuit declared this month that the Peace Cross, which sits on state-owned land in Maryland and has been maintained with public funds, was unconstitutional, a ruling that supporters of the monument warned could result in a “cleansing” of memorials on public grounds across the country…
The Peace Cross, which commemorates 49 fallen soldiers from Prince George’s County, looms over the knotted intersection of Maryland Route 450 and United States Alternate Route 1 in this old port town of 10,000 people. ... The monument was erected in 1925 with funding from local families and the American Legion, but the state obtained title to the cross and land in 1961, and has spent at least $117,000 to maintain them.
In a 2-to-1 ruling, the three-judge panel declared that the Peace Cross violated the First Amendment by having “a primary effect of endorsing religion and excessively entangles the government and religion.”

Reading that, I wondered if these circuit judges had ever driven past that cross every day to work. It’s in a roundabout more noted for honking horns than holiness.


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When First Amendment conflicts erupt at U.S. Supreme Court, it's time to ask WWDD?

When First Amendment conflicts erupt at U.S. Supreme Court, it's time to ask WWDD?

Over a three-day period, 47 “friend of the court” briefs suddenly clogged the inbox at the U.S. Supreme Court regarding the most important religious liberty case of this term -- if not of the coming decade. This is a crucial First Amendment showdown.

Almost all these briefs opposed Colorado’s use of an anti-discrimination law against Masterpiece Cakeshop for refusing to provide the cake for a same-sex wedding.

The immediate issue is the fate of certain religious bakers, florists, photographers, Orthodox Jewish catering halls and the like. In a parallel case, Oregon fined a bakery $135,000, demonstrating government’s power to penalize dissenters or put them out of business. Beyond that lie important rights claims by  conscientious objectors that the Supreme Court did not address when it legalized gay marriages nationwide in 2015 (.pdf here).

The Cakeshop’s pleas for freedom of religion, conscience, and expression are backed in briefs from the Trump Administration, 11 Republican U.S. Senators and 75 House members, 20 of the 50 U.S. states led by Texas, a host of social conservative  and “parachurch” agencies, and America’s two largest religious bodies (Catholic Church, Southern Baptist Convention).

Yet to be heard from are “mainline” Protestant and non-Orthodox Jewish groups that support the gay cause.

This past week the court received briefs from the American Civil Liberties Union (.pdf here) on behalf of the gay couple and from Colorado officials (.pdf here). Repeating past contentions, the briefs contend that religious liberty claims cannot justify exemptions from anti-discrimination laws that are “neutral” and “generally applicable,” whether religious or secular in motivation. As Colorado sees things, the Constitution offers no support for a business “to treat a class of people as inferior simply because of who they are.”

Whenever news about the First Amendment erupts, The Religion Guy first asks WWDD? That is, What Will Douglas Do? -- referring to Douglas Laycock, distinguished professor of law at the University of Virginia and a prime source on our beat.


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Gay rights, religious liberty and the tasty details sometimes buried in an inverted-pyramid wire story

It's time to talk cake.

Again.

Get ready for more such discussions as the case of Jack Phillips — the Colorado baker who refuses to make a cake for a same-sex wedding — heads to the U.S. Supreme Court.

The story that sparked this latest post comes courtesy of The Associated Press, which reports:

WASHINGTON (AP) — Prominent chefs, bakers and restaurant owners want the Supreme Court to rule against a Colorado baker who wouldn’t make a cake for a same-sex couple’s wedding.
The food makers say that once they open their doors for business, they don’t get to choose their customers. They say that abiding by laws that bar discrimination based on sexual orientation does not strip them of creative control of a dish or a pastry.
Celebrity chefs Jose Andres, Elizabeth Falkner and Carla Hall, the owners of a popular Washington, D.C., cupcake shop and a small-town baker from Mississippi are among those who are signing onto a legal brief being written by the Human Rights Campaign.

Keep reading, and AP introduces a twist in the story — one that, to me, is even more interesting than the new development reported up high:

Cake artists who want the justices to recognize the artistic expression in cake-baking filed a separate brief last month that does not take sides in the case.

Hmmmm, artistic expression.

Does that sound familiar?


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Of all the contraceptive mandate stories out there, very few quoted religious folks

Trying to dissect the Donald Trump Administration’s decision to religiously minded employers to cut birth control from their health plans is like tackling an elephant. But one has to start somewhere.

Just for review, we have covered this topic before here, here and here

As I scanned various articles on the topic, I noticed how few articles explained why some people and employers have religious objections to contraceptives. Do those in the media think we know these reasons already, so it’s no using re-explaining them? In other words, how do you understand this story without talking to people in the faith-based schools and ministries that are at the heart of the decision?

The most cogent piece was from the Atlantic:

Faced with setbacks on the legislative front, the Trump administration is going it alone on taking apart the Affordable Care Act piecemeal.
On Friday, the administration made one of its boldest moves yet, with two memos from multiple agencies that would dramatically curtail women’s access to birth control through their employers. The new regulations, effective immediately, would exempt all employers and insurers from covering or paying for coverage of contraceptives if they object “based on its sincerely held religious beliefs,” or have other “moral convictions” against covering such care.

 Mind you, this is not all employers, but it is those who have religious objections to it contraceptives being included in their employee health coverage. We’re talking about 71 companies here, according to Mother Jones.


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Time offers shockingly faith-free look at struggles Democrats are having in heartland

While President Donald Trump does that thing that he does -- shoving the poles of American public discourse further and further apart -- some journalists have quietly started focusing attention on the fact that the Democratic Party is in horrible shape at the regional and state levels.

Why is that, precisely? Inquiring journalists want to know.

Obviously, a group like Democrats for Life is going to have a different take on that question than the young activists marching under the Bernie Band banner. Never forget, in the age of Nones, that religiously unaffiliated Americans, along with the core atheist-agnostic demographic, now make up the Democratic Party's largest identifiable choir on matters of morality, religion and culture.

With that in mind, check out the headline on that Time magazine cover at the top of this post. The headline inside is less spectacular: "Divided Democratic Party Debates Its Future as 2020 Looms."

Now, if you are old enough (like, well, me) to remember the rise of the Reagan Democrats and the fall of the populist Democrats in the South, then you know that social, moral and, yes, religious issues have played a major role in that political drama.

Yes, economic issues were crucial and they still are in the Rust Belt and elsewhere in the American heartland. However, there is a reason that wits on the left started referring to "flyover" country as "Jesusland."

However, read this Time think piece and see if the political desk there has any clue that the stark divisions in American life are based on cultural issues, as well as radical changes in the nation's economy. I mean, wasn't that the whole logic of the book "What's the Matter with Kansas? How Conservatives Won the Heart of America," that GOP strategists were using moral, cultural and religious issues to distract Middle America from its true economic interests?

Here is the Time overture:

Like virtually all Democrats, Tim Ryan is no fan of Donald Trump. But as he speeds through his northeastern Ohio district in a silver Chevy Suburban, the eight-term Congressman sounds almost as frustrated with his own party.


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In Supreme Court case of baker refusing to make same-sex wedding case, THIS is the question

Good job, New York Times.

The Times often falters in covering issues related to traditional biblical beliefs on marriage and sexuality.

But in a front-page story Sunday, the paper nailed the key question related to a Colorado baker who refuses to make a cake for a same-sex wedding.

GetReligion has, of course, stressed this critical question since the U.S. Supreme Court decided to hear baker Jack Phillips' case this fall:

Is there a difference between (1) making a generic cake and selling it to anybody willing to pay for it and (2) using one's artistic talents to create a special cake celebrating an occasion such as a wedding?

After reading the Times' headline, I'll admit I was a little worried about the direction — and potential fairness — of the story:

Cake Is His ‘Art.’ So Can He Deny One to a Gay Couple?

Notice the quote marks around "art?"

I wondered if they were really necessary. And if there was any chance they were meant as scare quotes — a textual raising of the eyebrows?

Given the apparent skepticism of the headline, I was surprised by the sympathetic nature of the lede:

LAKEWOOD, Colo. — Jack Phillips bakes beautiful cakes, and it is not a stretch to call him an artist. Five years ago, in a decision that has led to a Supreme Court showdown, he refused to use his skills to make a wedding cake to celebrate a same-sex marriage, saying it would violate his Christian faith and hijack his right to express himself.
“It’s more than just a cake,” he said at his bakery one recent morning. “It’s a piece of art in so many ways.”

But then I kept reading, and the other side questioned the veracity of Phillips' "art":


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Michael Gerson sends message to senators (and journalists?) about faith, law, public life

Miichael Gerson is a graduate of one of America's best known evangelical liberal arts schools -- Wheaton College.

He has been a mainstream journalist, as well as a writer for Christian think tanks.

Gerson is, of course, best known for his work as a presidential speech writer for George W. Bush. He then moved into the role of the well-connected Washington, D.C., pundit, writing columns for the Washington Post op-ed page while holding various semi-academic research posts as a public intellectual at the Council for Foreign Relations and other groups.

It's safe to say that Gerson is capable of writing a column that is aimed at one specific DC crowd, while including information and themes that are relevant to other Beltway audiences.

Consider his Post piece on the "loud dogma" controversy that I have been writing about all week (click here for podcast) at GetReligion. The headline: "Senate Democrats show off their anti-religious bigotry."

We are, of course, talking about the recent U.S. Senate hearing in which Sen. Dianne Feinstein, and others, probed judicial nominee Amy Coney Barrett about the fine details of her traditional Catholic beliefs. Mainstream news coverage of this event was thin to nonexistent, but opinion writers of various stripes have had a field day. It's the new American journalism.

Here is my question: Gerson's column is about Democrats in the Senate. But there are places where one could switch his target to the mainstream press and his language would work just fine, if I believes that many journalists struggle to do news coverage of traditional forms of religious faith.

First, here is a key passage near the top of Gerson's column:

Barrett is an instructive test case of secular, liberal unease with earnest faith, particularly in its Catholic variety. She is, in the description of a letter signed by every full-time member of the Notre Dame Law School faculty, “a brilliant teacher and scholar, and a warm and generous colleague. She possesses in abundance all of the other qualities that shape extraordinary jurists: discipline, intellect, wisdom, impeccable temperament, and above all, fundamental decency and humanity.”
Barrett is also, not coincidentally, a serious Christian believer who has spoken like one in public.


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