Supreme Court

Here we go again: When covering campus LGBTQ disputes, always look for doctrinal covenants

It is, without a doubt, the question that I hear most often when I have a chance to meet -- face to face -- with GetReligion readers. It's one of the questions I keep seeing in reader emails.

This question: Do we ever get tired of having to address the same journalism issues over and over, writing posts that include links back to previous posts, which then link back to earlier posts and on and on?

That's right: Same as it ever was. It's kind of a deja vu all over again thing.

Yes, we do get rather tired of doing this. However, we keep hoping that at some point journalists will, you know, take an interest in basic facts about how religious institutions -- on the left and right -- do their work as voluntary associations. Why avoid relevant doctrinal and even legal information in stories about controversial issues?

So, before we get to the Inside Higher Ed coverage of the North Park University campus minister who was suspended after performing a same-sex marriage rite, let's do that flashback think that we have to do every now and then. The headline on this earlier post: "Oh no, not again: AP fails to ask school 'covenant' question in LGBTQ teacher case." Here is the echo-chamber overture:

I know. I know. Trust me, I know that your GetReligionistas keep making the same point over and over when digging into mainstream news coverage of LGBTQ teachers (or people in other staff positions) who, after making public declarations of their beliefs on sex and marriage, lose their jobs in doctrinally defined private schools.
We keep making the point over and over because it's a crucial question when covering these stories. When are reporters and editors going to start asking the crucial question?
The question, of course, is this: Had the person who was fired voluntarily signed an employee lifestyle (or doctrinal) covenant in which they promised to support (or at least not openly oppose) the teachings at the heart of the religious school's work?

That brings us to the Rev. Judy Peterson at North Park and this headline: "Gay Wedding Costs College Pastor Her Job."


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One side of Sweetcakes by Melissa case remains unreported. Who will cover this story?

I know we’ve been running a lot about bakers of wedding cakes, gay customers and court cases, but I wanted to draw your attention to a related case I've written about that’s been dragging through Oregon’s legal system for the past few years.

It’s the “Sweet Cakes by Melissa” case that began when a chance comment from a baker infuriated two lesbians to where they filed a lawsuit alleging all sorts of emotional harm. Oregon’s labor commissioner, who’s never hid his LGBTQ-friendly sentiments, slammed the bakers with a $135,000 fine that the defendants are still fighting to this day.

It’s become a running sore of a case to both sides of the argument. After the Oregonian ran the latest news on an appeals court verdict, there were 4,413 comments attached to it by the time I saw the piece several days later. Obviously there’s lots of strong feelings about this case on both sides.

The Oregon Court of Appeals on Thursday upheld a decision by Oregon's labor commissioner that forced two Gresham bakers to pay $135,000 to a lesbian couple for whom the bakers refused to make a wedding cake.
Melissa and Aaron Klein made national headlines in 2013 when they refused to bake a cake for Rachel and Laurel Bowman-Cryer, citing their Christian beliefs. The Bowman-Cryers complained to the Oregon Bureau of Labor and Industries, saying they had been refused service because of their sexual orientation.
An administrative law judge ruled that the Kleins' bakery, Sweetcakes by Melissa, violated a law that bans discrimination based on sexual orientation in places that serve the public. Brad Avakian, the state labor commissioner, affirmed heavy damages against the Kleins for the Bowman-Cryer's emotional and mental distress.

The Oregonian knew all about the latter, as it had run a nearly 4,300-word piece in August 2016 about the two women with the headline: “The hate keeps coming: The pain lingers for lesbian couple denied in Sweet Cakes case.” It went into great detail. 

But why wasn’t there similar treatment accorded the Kleins? 


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Looking at top stories of 2017: Sometimes it seems like religion haunts everything

Looking at top stories of 2017: Sometimes it seems like religion haunts everything

It was in 1981, while I was doing my graduate project at the University of Illinois at Urbana-Champaign, that I had a long conversation with the late George Cornell of the Associated Press about the state of mainstream religion-news reporting. Cornell used to say that he was, basically, the AP religion reporter responsible for all of Planet Earth.

That was, I think, the first time I heard him work his way through a list of the wire service's Top 10 stories of a given year, noting that most of them contained some essential news "hook," or set of facts, linked to religion.

Now, Cornell was not claiming that each of these stories was a "religion" story, per se. He was saying that reporters couldn't understand what was happening in these events and trends without taking the religious angles seriously. He didn't say that these stories were "haunted" by "religion ghosts" -- to use the defining image of this weblog -- but that was basically what he meant. I've been thinking about his words for decades.

I remember that he said there were lots of events that were not, in and of themselves, "religion stories." Take, for example, the Roe v. Wade decision at the U.S. Supreme Court. For most editors, that was a "political story." But how could a reporter cover it without talking to  religious leaders and activists, on both sides? Another example: I wrote my Baylor graduate project about "civil religion" themes in the 1969 Moratorium to End the War in Vietnam.

Note that those were specific events, with complicated backstories. During this week's long "Crossroads" podcast, host Todd Wilken and I went into "extra innings," so to speak, talking about this year's Top 10 religion stories, according to a poll of members of the Religion News Association. Click here to tune that in.

We spent quite a bit of time discussing the No. 1 item, which was different in the RNA list and then in my own. Here is the top RNA item.

1. Conservative evangelicals gain strong representation in the Trump administration, notably with Vice President Mike Pence, and on the president's informal religious advisory body. Trump maintains strong grassroots support among white evangelicals, polls show.

Now, for me, Pence was a 2016 story. So was the strong old-guard Religious Right presence in Donald Trump's political base during the GOP primary season. So what was the "big event" linked to that 2016 story that made it the top individual "story" of 2017?


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Dear reporters: Please read the New Yorker essay about evangelical realities in Alabama

Now, here is a sentence that I didn't expect to write this week.

Here goes. If you really want to understand what has been going on in the hearts and minds of many evangelical voters in Alabama, then you really need to grab (digitally speaking, perhaps) a copy of The New Yorker. To be specific, you need to read a Benjamin Wallace-Wells piece with this headline: "Roy Moore and the Invisible Religious Right."

Trigger warning: If you are the kind of person whose worldview includes simplistic stereotypes of evangelical Protestants, especially white evangelicals, you may not want to read that piece.

Let's start with this passage, which comes right after a discussion of a campaign letter that falsely claimed to contain an up-to-date list of pastors backing Roy Moore. This is long, but essential: 

A few days ago, I started calling around Alabama, trying to track down the rest of the pastors who had been listed on Kayla Moore’s letter. Some of them were easy to find, but others were elusive. I tried William Green, at the Fresh Anointing House of Worship, in Montgomery. A receptionist told me that she had never heard of Green. I tried Steve Sanders, at the Victory Baptist Church, in Millbrook. The current pastor told me that Sanders retired two years ago. I did not reach Earl Wise, also of Millbrook, but the Boston Globe did, and, though he still emphatically supported Moore, he had also left the pastoral life and was working as a real-estate agent.
Once you got beyond the ghosts and the real-estate agents, what was most notable about the pastors on Moore’s list was their obscurity. I found a list of the pastors of the thirty-six largest churches in Alabama, assembled this summer by the Web site of the Birmingham News; no pastor on that list appeared on Moore’s. I called leaders within the deeply conservative Southern Baptist Church -- the largest denomination in Alabama and, for decades, the core of the religious right -- and was told that not a single affiliated Southern Baptist pastor in the state was openly allied with Moore. The churches that appeared on Moore’s list tended to be tiny and situated in small towns, and some of the pastors on it held subsidiary roles within their churches.

Yes, I saw the word "openly." However, after reading the article this is how I would summarize the different kinds of evangelicals who were involved in this Alabama train wreck. Friends and neighbors, we are not talking about a monolith.


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Masterpiece Cakeshop waiting game: Are the bakers of all 'offensive' cakes created equal?

Masterpiece Cakeshop waiting game: Are the bakers of all 'offensive' cakes created equal?

It probably comes as no surprise that this week's "Crossroads" podcast (click here to tune that in) focused on key ingredients in the Masterpiece Cakeshop debates at the U.S. Supreme Court.

This is one case in which it really helps to spend time reading the transcript (click here for the .pdf). I loved Julia Duin's description of these court arguments, earlier this week, as, "a knife fight between 10 participants (nine justices and the hapless attorney before them)." Host Todd Wilken added that, in this setting, the action took place in a kind of polite, legalistic slow motion.

Hint: It's interesting to scan the document looking for key words and phrases. For example, try "tolerance." And if you search for "doctrine" you will find all kinds of references -- but in this case the word refers to doctrines established by the high court. That's rather chilling.

My pre-game post focused on several issues that I thought would be crucial in media coverage. For example, tt appears the justices accepted that baker Jack Phillips was, in fact, being asked to create one of his unique, artistically designed cakes, with content linked to a same-sex wedding -- as opposed to an all-purpose wedding cake (which he offered the couple).

What about the cases in which the Colorado Civil Rights Commission ruled that liberal bakers did not have to produce products that violated their beliefs? I truly expected journalists to include some information about the court's discussions of that. Many did not.

So what happened on that issue? First, before we look at one interesting chunk of the transcript, please allow me to flash back to a parable that I created in 2015 to illustrate this question. Here it is again:

... Let's say that there is a businessman ... 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.


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Reporters and the Supreme Court cake bake-off: Was religious freedom the guiding issue?

Although the opening arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission (transcript .pdf here) included a plea for religious freedom, that point got lost in articles about Tuesday’s historic hearing in front of the U.S. Supreme Court.

It’s true that the plaintiff’s attorney, Kristen Waggoner, barely got out one paragraph of her intro before justices began interrupting her with questions about cakes and compelled speech.

It’s also true that covering a Supreme Court hearing (I’ve done it two or three times) is like covering a knife fight between 10 participants (nine justices and the hapless attorney before them). It takes discipline for media scribes to remember the main thing is the main thing; in this case, whether a believer can be forced by the state to give a message that contradicts his or her religious convictions.

GLAAD, the gay-rights organization that monitors coverage of homosexuals by the media, saw that “main thing” as such a threat, it sent a note to major media outlets, urging them to dump terms like “religious freedom” and “religious liberty” for “religious exemptions.” Read about their directive on Poynter.org and see one New York Times opinion piece that obeyed this instruction to the letter.  

(Tell me: What if a conservative group had sent out a similar missive to mainstream journalists? The Poynter piece, by the way, didn’t include any quotes from media experts who find it problematic that an activist group feels it can tell journalists what to write.)

Fortunately, reporters generally ignored GLAAD's directive. We will start with the Denver Post, the hometown newspaper for both parties in this suit which had a headline that reflected how Kennedy asked “sharp questions” from both sides. It began with a very static lede: 

WASHINGTON -- The U.S. Supreme Court on Tuesday heard arguments in a Colorado case about a same sex-wedding cake that ultimately could determine where the legal system draws the line between discrimination and religious freedom.


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Masterpiece Cakeshop day: Did justices ask what this wedding cake was supposed to look like?

It's a wedding day, sort of, at the U.S. Supreme Court, with legions of activists and journalists (and folks who are both) lining up to hear oral arguments in the much-discussed case of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.

One of the main challenges facing journalists is this: How should they frame the issues in this First Amendment case? In other words, is this a religious liberty (no "scare quotes," please) case about a religious minority, an artistic expression case or, as the title implies, a case that is essentially about civil rights?

Based on what I have been reading, the legal team for bakery owner Jack Phillips is planning -- preaching to Justice Anthony Kennedy, of course -- to focus on issues of artistic expression, as much or more than on religious liberty.

With that in mind, readers will want to pay attention to two specific issues in mainstream news coverage of the oral arguments at the high court.

First, does the coverage mention that Colorado officials have, on three occasions, declined to force pro-gay bakers to provide Christian or conservative customers with cakes containing creative content that would violate liberal political and religious beliefs on sex and marriage. In other words, Colorado recognized the First Amendment rights of those cake artists.

Second, will the justices strive to find out precisely what kind of cake Charlie Craig and Dave Mullins were seeking when they sought the services of a baker famous for his custom-designed and intricate cake creations.

Why ask that second question? Consider this crucial passage in the National Public Radio advance story about this case, which ran online under this headline: "A Supreme Court Clash Between Artistry And The Rights Of Gay Couples." The key voice here is that of Kristen Waggoner, of Alliance Defending Freedom:

"The First Amendment protects the right of all Americans to decide what they will express and when they will remain silent," she continues. "It's fundamentally different than saying to someone, 'I will not serve you just because of who you are.'" This case, she maintains, "is about the message."


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Alabama 101: New York Times (sort of) gets that Roy Moore is TOAST if facing pro-life centrist

As people say down here in the Bible Belt: "Bless their hearts."

In this case, we are talking about folks on the national desk at The New York Times, who set out to explain why there is a chance that former Judge Roy Moore will still win a ticket to the U.S. Senate in Alabama, in his race with liberal Democrat Doug Jones. The headline: "Alabama’s Disdain for Democrats Looms Over Its Senate Race."

The bad news is that, if you just scan the headline, you'd think that the unfolding train wreck in Alabama is all about party politics and that's that. Any religion angles to this soap opera? What do you think?

The good news is that, about 800 or so words into this piece, the Times team starts digging into some complex and interesting information about why so many Alabama voters -- people who really, really don't want to vote for Moore -- may end up voting for him anyway or writing in a third option. Fact is, it's kind of like a bad flashback of the 2016 presidential race.

What's going on? Way, way into this report there is this:

John D. Saxon, an Alabama lawyer and a decades-long stalwart of Democratic politics, said he had recently been out Christmas shopping when a man he did not know approached him in a parking lot. The man had a message for Mr. Jones.
“You tell him if he’ll change his position on abortion, I can get him all the Republican votes he’s going to need,” the man said, according to Mr. Saxon.

A few lines later there is this second piece of the combination punch, care of Jared Arsement, who worked with pro-life Democrat John Bel Edwards, who was elected governor in deep-red Louisiana:

“If Roy Moore wins,” he said, “it will only be because of Doug Jones’s stance on abortion.”

Or, as I put things the other day on Twitter:


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The New York Times does its 'religious liberty' thing, with zero input from voices in middle

Back in 2004, the public editor of The New York Times wrote a famous column with a very famous headline, which said: "Is The New York Times a Liberal Newspaper?"

GetReligion readers with long memories will recall that Daniel Okrent followed that headline with this lede: "Of course it is."

That column contained lots of memorable quotations and it remains must reading. However, here is one passage that was especially controversial at the time and it remains controversial to this day.

... (F)or those who also believe the news pages cannot retain their credibility unless all aspects of an issue are subject to robust examination, it's disappointing to see The Times present the social and cultural aspects of same-sex marriage in a tone that approaches cheerleading.

Okrent was, let me stress, not talking about the great Gray Lady's editorial page. He wasn't talking about op-ed pieces or even first-person features in the newspaper's magazine. The public editor -- a post recently shut down by Times management -- was trying to describe the urban, blue-zip-code tunnel vision that often slants the newspaper's hard-news coverage, especially on issues of culture, morality and religion.

Thus, I do not know what Okrent would have said about the "Fashion and Style" essay that ran in 2013, written by Times reporter Jeremy W. Peters, with this headline: "The Gayest Place in America?" The lede:

WASHINGTON -- My earliest sense of what it meant to be gay in the nation’s capital came more than a decade ago when I was a summer intern. I was a few blocks from Union Station when a congressman walked by and gave the reporters I was standing with a big, floppy wave hello.

That's fair game for first-person analysis writing. However, I do think that, if Okrent time-traveled to the present, he would raise a question or two about the hard-news Times feature by Peters that dominated my email over the Thanksgiving weekend. The provocative headline: "Fighting Gay Rights and Abortion With the First Amendment."

The subject of this A1 story was the Alliance Defending Freedom, a conservative religious-liberty group that has become a major voice in cases at the U.S. Supreme Court and elsewhere. Here is the thesis statement, high in the report:

The First Amendment has become the most powerful weapon of social conservatives fighting to limit the separation of church and state and to roll back laws on same-sex marriage and abortion rights.


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