Supreme Court

Thinking with Ryan Burge charts: Whaddaya know? Some evangelicals are rethinking Trump

If you follow American evangelicalism closely, you know that there are quite a few divisions and fault lines inside the movement. I’m talking about evangelicalism as a whole, but this is also true among the infamous “white evangelicals.”

It’s true that, heading into the 2016 election, white evangelicals played a major role in Donald Trump’s success in the primaries. However, many evangelicals supported other candidates — including the most active evangelicals in Iowa. I continue to recommend the book “Alienated America” by Timothy P. Carney, for those who want to dig deeper on that subject.

In the end, about half of the white evangelicals who supported Trump in the general election really wanted to vote for someone else. They were voting against Hillary Clinton.

Now, there is evidence — thank you GetReligion contributor Ryan Burge, as always — that some white evangelicals have started to rethink their reluctant votes for Trump.

To be honest, I have been telling reporters, since 2016, to watch for this mini-trend. But, in the end, the force that will pull many of these voters back to Trump has nothing to do with Trump himself. The support is rooted in opposition to Democratic Party actions on crucial issues linked to abortion and also the First Amendment ( that’s “religious liberty” in most news reports),

While pointing readers to these recent Burge tweets, let me frame them with some material from an On Religion column I wrote two years ago about the whole 81% of white evangelicals love Trump myth. The bottom line? It’s the issues, not the candidate.

Most "evangelicals by belief" (59 percent) have decided they will have to use their votes to support stands on specific political and moral issues, according to a … study by Wheaton College's Billy Graham Center Institute, working with LifeWay.

This time around, 50 percent of evangelical voters said they cast their votes to support a candidate, while 30 percent said they voted against a specific candidate. One in five evangelicals said they did not vote in 2016.


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AP explains why it was wrong for local-level Catholic employees to get coronavirus relief money

That Associated Press headline the other day certainly was a grabber: “Catholic Church lobbied for taxpayer funds, got $1.4B.” Let’s start with three statements about this in-depth report:

(1) The headline and the lede both assume there is such a thing as the “U.S. Roman Catholic Church” and that someone can write a check that will be cashed by that institution. This is like saying that there is an “American Public School System,” as opposed to complex networks of schools at the local, regional and state levels.

(2) There are national Catholic organizations that speak — and even lobby — for Catholic groups and causes, such as the U.S. Conference of Catholic Bishops. This doesn’t wipe out the reality of local parishes, ministries, schools, religious orders, regional dioceses, etc.

(3) It was completely valid to do an in-depth report on how Catholic nonprofit groups campaigned to receive coronavirus relief money for their employees — for precisely the same reasons journalists can, and should, investigate similar activities by other huge nonprofits and companies with complex national, regional and local structures. Maybe start with Planned Parenthood, just to provide some balance?

The key, once again, is a concept that came up the other day at the U.S. Supreme Court — “equal access.” Under these legal principles, part of the legacy of a liberal-conservative coalition in the Clinton-Gore years, government entities are supposed to treat religious organizations (think nonprofits) the same way they treat similar secular groups. They can work with all of them (sacred and secular alike) or they can turn all of them down.

They key is that they are treated the same. The bottom line: Religion is not a uniquely dangerous force in American life. This topic is discussed — sort of — way down in the AP feature.

But here is the overture of this follow-the-money investigative piece:

NEW YORK (AP) — The U.S. Roman Catholic Church used a special and unprecedented exemption from federal rules to amass at least $1.4 billion in taxpayer-backed coronavirus aid, with many millions going to dioceses that have paid huge settlements or sought bankruptcy protection because of clergy sexual abuse cover-ups.

The church’s haul may have reached -- or even exceeded -- $3.5 billion, making a global religious institution with more than a billion followers among the biggest winners in the U.S. government’s pandemic relief efforts, an Associated Press analysis of federal data released this week found.

Note that nice neutral noun there in the second paragraph — “haul.”


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Are the Sexual Revolution vs. religious liberty wars over at Supreme Court? Let's ask Bluto ...

Want to hear a depressing question?

How many years, or even months, will it take for someone to pull the Little Sisters of the Poor back to the U.S. Supreme Court for another case linked to the status of Obamacare’s contraception mandate?

That’s right. The odds are good that we can brace ourselves for yet another Little Sisters of the Poor vs. the United States of America (or maybe the leaders of a blue-zip-code state or local government).

I predict that we will see Little Sisters of the Poor Round 4 in the headlines sooner or later, for reasons that host Todd Wilken and I discussed during this week’s “Crossroads” podcast (click here to tune that in).

For starters, in this recent case the high court upheld an executive order from the Donald Trump White House, as opposed to grounding its decision in the defense of a specific piece of legislation — as in the Religious Freedom Restoration Act (RFRA) of 1993. You may recall that this bill defending a liberal (in the old sense of that word) take on religious freedom passed with an impressive margin — 97-3.

One of the sponsors of that legislation — which was backed by a Clinton-Gore era coalition of liberals and conservatives — had this to say about its importance:

Today I am introducing legislation to restore the previous rule of law, which required the Government to justify restrictions on religious freedom. …

Making a religious practice a crime is a substantial burden on religious freedom. It forces a person to choose between abandoning religious principles or facing prosecution. Before we permit such a burden on religious freedom to stand, the Court should engage in a case-by-case analysis of such restrictions to determine if the Government’s prohibition is justified. …

This bill is needed because even neutral, general laws can unnecessarily restrict religious freedom.

That was U.S. Sen. Joseph Biden, of course, during an era when he was considered a moderate who tended to stand with the U.S. Catholic Bishops on quite a few social and moral issues.

The question now is this: What are the odds that one of the first things President Joe Biden’s team will do is erase most, if not all, of the Trump-era executive orders linked to religious liberty and the First Amendment?


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How will the mainstream news media perform during their future LGBTQ test?

In the wake of the Supreme Court’s Obergefell and new Bostock decisions favoring LGBTQ rights, America’s mainstream media face one of their most challenging tests. Given ardent support for change among so many journalists, editors, business interests and cultural powers, can they manage fair coverage of religious traditions that resist both same-sex relationships and gender identity as a replacement for DNA biology?

This story will have legs in part because the Supreme Court rulings did not settle the clash between religious and LGBTQ rights. The media tend to leave Islam and Orthodox Judaism alone on these matters and are more tempted to aim incomprehension or outright hostility at Catholicism and evangelical Protestantism.

A New York Times op-ed on July 4th provided an interesting example. The author, Jeff Chu, a married gay who is a part-time staff educator at Central Reformed Church in Grand Rapids, Michigan, told of his frustration over long-running denial of clergy ordination because his Reformed Church in America (RCA) officially maintains traditional doctrines on sex and marriage.

Remarkably for a daily newspaper, the op-ed editors did not require Chu to discuss the kinds of developments treated in our June 17 Guy Memo. This denomination faces a policy showdown that was scheduled for last month and now postponed one year due to COVID-19. On June 30, an official panel that includes two New Yorkers issued the compromise plan that will come to the floor and could help Chu’s cause.

With that news peg, and considering that the faith has ministered in New York City for 392 years, the local daily might better have handled this as a hard news story, with Chu as a quotable case in point, or at least a feature centered on him. Under normal news canons, any article on this topic should include the last of the Five W’s and explain why the RCA has such a policy and why many believe it should be maintained, including some members at Central Reformed Church.

Too many journalistic accounts ignore this basic aspect of the story.

Also, in dealing with the ongoing conflict, the news media need to report on the important international aspect. Religious debates often know no national lines.


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Podcast: Why didn't @NYTimes mention complex political history of 'equal access' laws?

The church-state roller-coaster at the U.S. Supreme Court just keeps going and we’re not done yet.

The main purpose of this week’s “Crossroads” podcast (click here to tune that in) was to talk about my recent post about Chief Justice Roberts and his decision to switch sides and defend the high court’s abortion legacy. SCOTUS, on a 5-4 vote, took down a Louisiana state law that would have required doctors working in abortion facilities to have the same kind of admitting privileges at local hospitals and those who work in other specialty surgery centers.

Mainstream journalists didn’t seem interested in the personalities behind that law. To get those ordinary facts, readers had to go to religious and/or “conservative” websites. Thus, I offered this headline: “Conservative news? White GOP justice strikes down bill by black, female pro-life Democrat.” Gov. John Bel Edwards of Louisiana, who signed the bill, is a Democrat, too.

Why did so many journalists ignore that angle? It would appear that those facts didn’t fit into the white evangelicals just love Donald Trump template. Why muddy the political waters with coverage of two Democrats — a black Baptist and a white Catholic?

Lo and behold, by the time we did the live Lutheran Public Radio show, the court had released another 5-4 decision that, at first glance, had little or nothing to do with the Louisiana abortion bill. Here’s the New York Times double-decker headline on that story:

Supreme Court Gives Religious Schools More Access to State Aid

Religious schools should have the same access to scholarships and funds as other private schools, the justices ruled, in a victory for conservatives.

Readers who have followed church-state issues will recognize a key fact that the Times team — to its credit — got into that headline: Secular and religious private schools should be treated the same.

That immediately made me wonder if the Times, and other major mainstream outlets, were going to realize that this “equal access” principle was crucial to the church-state coalition of liberals and conservatives that accomplished so much working with (wait for it) the Clinton White House.

That’s interesting, right?


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Conservative news? White GOP justice strikes down bill by black, female pro-life Democrat

No doubt about it, there were some interesting political angles linked to the latest U.S. Supreme Court setback for Americans who want to see more safety regulations applied to the abortion facilities.

Much of the news coverage of this 5-4 decision focused — with good reason — on Chief Justice John Roberts voting with the court’s liberal wing. Once again, press reports stressed that Roberts showed maturity, independence and nuance as he voted against his own alleged convictions, as stated in a dissent in an earlier case on a similar bill.

The coverage also stressed — with good cause — the potential impact of this decision on the Election Day enthusiasm of (wait for it) evangelicals who back the Donald Trump machine.

But there was another crucial element of this story that I expected to receive some coverage. I am talking about the origins of the actual Louisiana legislation that was struck down by the court.

Who created this bill and why did they create it? Was this some kind of Trump-country project backed by the usual suspects? Actually — no. The key person behind this bill was State Sen. Katrina Jackson, an African-American lawyer from Monroe, La. The bill was then signed by Governor John Bel Edwards, also a Democrat.

But wait, you say: Democrats in Louisiana are different. The Catholic church and the black church are major players, when it comes to the state’s mix of populist economics and a more conservative approach to culture.

In other words, there is a religion angle to this story, as well as the obvious political hooks that dominated the coverage. Hold that thought, because we will come back to it. First, here is the top of the Associated Press story that ran across the nation:

WASHINGTON (AP) — A divided Supreme Court on Monday struck down a Louisiana law regulating abortion clinics, reasserting a commitment to abortion rights over fierce opposition from dissenting conservative justices in the first big abortion case of the Trump era.

Chief Justice John Roberts and his four more liberal colleagues ruled that a law that requires doctors who perform abortions must have admitting privileges at nearby hospitals violates abortion rights the court first announced in the landmark Roe v. Wade decision in 1973.


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Plug-In: What does this landmark LGBTQ ruling mean for traditional religious institutions?

The U.S. Supreme Court’s landmark ruling Monday barring workplace discrimination against gay, lesbian and transgender workers certainly seemed to catch some by surprise.

Take USA Today, for example.

The URL on the national newspaper’s story indicates that the court denied protection to LGBT workers. Oops!

Kelsey Dallas, national religion reporter for the Salt Lake City-based Deseret News, closely follows high court cases with faith-based ramifications.

“Genuinely shocked,” she tweeted concerning the 6-3 decision. “I had prewritten only one version of this story and predicted a ruling against gay and transgender workers based on debate during oral arguments.”

Why was Dallas so surprised?

I asked her that in a Zoom discussion that also included Elana Schor, national religion and politics reporter for The Associated Press; Daniel Silliman, news editor for Christianity Today; and Bob Smietana, editor-in-chief of Religion News Service.

Watch the video to hear Dallas’ reasoning. (Hint: It’s not just that Justice Neil Gorsuch wrote the majority opinion.)

Learn, too, what all the panelists think the decision means for religious hiring practices, the court’s 5-4 conservative split and the Nov. 3 presidential election.

Among related must-read coverage: Schor’s AP story on why the religious right laments the ruling but sees opportunities, Yonat Shimron’s RNS story on conservatives looking to the next cases on religious liberty and Elizabeth Dias’ New York Times story on the “seismic implications.”

Why did the decision rattle Christian conservatives? The Washington Post’s Sarah Pulliam Bailey explains.

At the Deseret News, Dallas asks, “Are we headed toward a federal version of the Utah Compromise on LGBTQ rights?”


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Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

No doubt about it, someone will have to negotiate a ceasefire someday between the Sexual Revolution and traditional religious believers, said Justice Anthony Kennedy, just before he left the U.S. Supreme Court.

America now recognizes that "gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," he wrote, in the 2018 Masterpiece Cakeshop decision. "The laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."

Kennedy then punted, adding: "The outcome of cases like this in other circumstances must await further elaboration in the courts."

The high court addressed one set of those circumstance this week in its 6-3 ruling (.pdf here) that employers who fire LGBTQ workers violate Title VII of the Civil Rights Act, which banned discrimination based on race, color, religion, sex or national origin.

Once again, the court said religious liberty questions will have to wait. Thus, the First Amendment's declaration that government "shall make no law … prohibiting the free exercise of religion" remains one of the most volatile flashpoints in American life, law and politics.

Writing for the majority, Justice Neil Gorsuch -- President Donald Trump's first high-court nominee -- expressed concern for "preserving the promise of the free exercise of religion enshrined in our Constitution." He noted that the Religious Freedom Restoration Act of 1993 "operates as a kind of super statute, displacing the normal operation of other federal laws." Also, a 1972 amendment to Title VII added a strong religious employer exemption that allows faith groups to build institutions that defend their doctrines and traditions.

Nevertheless, wrote Gorsuch, how these various legal "doctrines protecting religious liberty interact with Title VII are questions for future cases too."

In a minority opinion, Justice Samuel Alito predicted fights may continue over the right of religious schools to hire staff that affirm the doctrines that define these institutions -- even after the court's 9-0 ruling backing "ministerial exemptions" in the Hosanna-Tabor Evangelical Lutheran Church and School case in 2012.


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New podcast: What's next in terms of Sexual Revolution vs. religious liberty news?

Decisions by the U.S. Supreme Court usually make headlines, especially when the court is bitterly divided. Few things cause as much chaos in American life than 5-4 decisions from on high.

Meanwhile, 9-0 decisions — which are actually quite common — often receive little attention. They are, however, extremely important because they display a unity on the high court that should, repeat “should,” be hard to shatter.

I bring this up, of course, because of the 6-3 SCOTUS ruling redefining the word “sex” in Title VII of the Civil Rights Act of 1964. In the wake of that historic victory for LGBTQ activists, reporters who cover legal issues, especially church-state conflicts, have to start thinking: Where is this story going now?

That’s precisely what “Crossroads” host Todd Wilken and I talked about in this week’s podcast (click here to tune that in). Journalists can expect clashes sooner, rather than later, when it comes to LGBTQ Americans presenting evidence that they were fired, or were not given a fair chance to be hired, at businesses operated by traditional Christians, Jews, Muslims, etc.

One could start a timer, methinks, to measure how long it will be until the first story of this kind breaks involving Hobby Lobby or Chick-fil-A. The more important story, however, will be how this new legislation passed by the Supreme Court will affect traditional religious believers across the nation who own and operate small businesses. Journalists looking for stories on the cultural left will want to visit businesses led by religious believers who stress that they have had no problems with their employees.

However, let’s go back to that other religious question: What is the next shoe that will drop?

With that in mind, reporters may want to ponder the implications of a 9-0 church-state decision at the Supreme Court in 2012 — which isn’t that long ago, in legal terms. I am referring to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. That’s the case that strengthened the concept of a “ministerial exception” that gives doctrinally defined religious institutions great freedom in the hiring and firing of employees. The bottom line: The state isn’t supposed to become entangled in personnel decisions that involve doctrine.

Why does that matter right now? As I argued this week (“ 'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports“), debates about Title VII religious exemptions are looming in the near future. At that point, all roads lead to the 9-0 ruling on Hosanna-Tabor.

The question legal minds are asking: Are we about to see a drama with two acts?


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