Supreme Court

Churches and COVID-19, again: Do Capitol Hill Baptist folks have same rights as protesters?

In the beginning, there were two essential mainstream-press narratives about the coronavirus and religious worship.

The first was that most sane, science-affirming religious groups had moved their worship online and were cooperating with government authorities. The second was that there were lots of conservative white evangelicals who claimed (a) that God would shield them from the virus, (b) that COVID-19 was a myth, (c) they had some kind of First Amendment “religious liberty” right to gather for worship or (d) all of the above.

That approach was simplistic, from Day 1, for several reasons. Here at GetReligion we argued that the number of dissenters was actually surprisingly small — even in conservative religious traditions — and that the bigger story was the overwhelming majority of congregations that were doing everything they could to safely hold some kind of worship services, while honoring local laws and restrictions. Entire religious bodies — Catholic, Orthodox, Southern Baptists — developed plans for how to do that.

Early on, congregations trying to gather for worship outdoors — drive-in service of various kinds, especially — emerged as a crucial story angle. See this podcast and post, for example: “Who-da thunk it? Drive-in churches are First Amendment battlegrounds.

Now we have a must-read Washington Post update on the legal efforts by Capitol Hill Baptist Church to force officials in the District of Columbia to, well, allow worshippers the same local right of outdoor assembly as protesters and marchers. Here’s the headline: “Federal court allows D.C. church to hold services outdoors despite coronavirus restrictions.” And here is a crucial block of material right up top:

Capitol Hill Baptist Church, which has 850 members and no online worship services, has been meeting in a Virginia field. The U.S. District Court’s granting of a preliminary injunction allows the church to meet outdoors en masse in the city, where most of its members live, while its lawsuit moves forward.

The church was not seeking a class action, and the decision, which can be appealed, applies only to Capitol Hill Baptist.

Capitol Hill Baptist, which had twice sought a waiver before suing, centered its argument on comparing D.C. Mayor Muriel E. Bowser’s ban on religious gatherings over 100 with her toleration and encouragement of massive anti-racism protests over the summer.


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Plug-in: No anti-Catholic sequel, as Democrats avoided loud dogma at Barrett hearings

This time, the Democrats avoided the dogma. So far.

Supreme Court nominee Amy Coney Barrett’s faith was a big focus going into this week’s Senate Judicial Committee hearings.

In advance of the confirmation proceedings, The Associated Press’ Mary Clare Jalonick and Elana Schor noted:

WASHINGTON (AP) — “The dogma lives loudly within you.”

It’s that utterance from California Sen. Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, that’s on the minds of Democrats and Republicans preparing for this coming week’s hearings with Supreme Court nominee Amy Coney Barrett.

Feinstein’s 2017 remarks as she questioned Barrett — then a nominee for an appeals court — about the influence of Barrett’s Catholic faith on her judicial views sparked bipartisan backlash, contributing to the former law professor’s quick rise as a conservative judicial star.

Similarly, the Wall Street Journal’s Francis X. Rocca and Lindsay Wise pointed out:

In her 2017 confirmation hearings, senators from both parties brought up the connection between Judge Barrett’s faith and her rulings. But Democrats, especially California Sen. Dianne Feinstein, got backlash for their questions.

Iowa Republican Chuck Grassley asked, “When is it proper for a judge to put their religious views above applying the law?”

Sen. Feinstein said, “Whatever a religion is, it has its own dogma…I think in your case, Professor, when you read your speeches, the conclusion one draws is that the dogma lives loudly within you.”

In response to the line of questioning, Judge Barrett said, “My personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge.”

With the 2017 backlash in mind, Democrats steered clear of Barrett’s religion at this week’s hearings, even as Republicans focused on it.


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Podcast: Would third SCOTUS win allow some reluctant evangelical Trump voters to abandon ship?

During this week’s “Crossroads” podcast (click here to tune that in), host Todd Wilken and I focused on this question: Will the confirmation of Judge Amy Coney Barrett to the U.S. Supreme Court help President Donald Trump on Election Day 2020?

The answer, you would think, is pretty obvious: Yes, since it would be another example of Trump keeping a campaign promise from 2016. Remember that famous list of potential justices he released during that tense campaign?

It’s also true that Barrett would be filling a third open chair on the high court during a single four-year term, a stunning development that few would have anticipated. Thus, Barrett’s confirmation would enthuse the Trump base and help get out the evangelical vote. Correct?

Maybe not. Consider the overture of this think piece — “The Supreme Court deal is done: Would this SCOTUS win mean that all those reluctant Trump voters could abandon ship?“ — that ran the other day at The Week. Bonnie Kristian’s logic may upset some Trump supporters, but she has a point:

The necessary and compelling reason to vote for President Trump in 2016, for many white evangelicals and other conservative Republicans, was the Supreme Court. That reason is now gone.

Or it will be soon, if Republican senators can manage to avoid COVID-19 infections long enough to confirm Amy Coney Barrett's nomination. … Her confirmation can and probably will be done before Election Day, at which point Trump's SCOTUS voters can — and, on this very basis, should — dump him as swiftly and mercilessly as he'd dump them were they no longer politically useful.

The Supreme Court vote for Trump was never a good rationale for backing him in the 2016 GOP primary, because every other candidate would have produced a very similar SCOTUS nomination shortlist. But once Trump was the party's chosen champion against Democrat Hillary Clinton, the certainty that the next president would fill at least one seat (replacing the late Justice Antonin Scalia) made the Supreme Court, in the words of pundit Hugh Hewitt, "Trump's trump card on the #NeverTrumpers."

Ah! Someone paid attention to the fault line in the white evangelical vote that Christianity Today spotted early on, and that your GetReligionistas have been discussing ever since.

So, once again, let’s consider that 2016 headline at CT: “Pew: Most Evangelicals Will Vote Trump, But Not For Trump.


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Justice Amy Coney Barrett could soon prove crucial on legal fights over religious vs. LGBTQ rights 

Senators, other pols and the news media are agog this week over the impact a Supreme Court Justice Amy Coney Barrett, age 48, might have on abortion law long-term and -- immediately -- disputes over the election results and a challenge to Obamacare that comes up for oral arguments November 10.

But reporters on the politics, law or religion beats shouldn't ignore Barrett's potential impact on the continual struggles between religious freedom claims under the Bill of Rights versus LGBTQ rights the Court established in its 2015 Obergefell ruling that legalized same-sex marriage. Oral arguments in a crucial test case, Fulton v. City of Philadelphia [19-123], will occur the day after Election Day — when journalists will be preoccupied with furious tabulation of absentee ballots.

At issue is whether Philadelphia violated Constitutional religious freedom in 2018 by halting the longstanding work of Catholic Social Services in the city's foster care system because church teaching doesn't allow placement of children with same-sex couples.

Such disputes first won media attention when Massachusetts legalized gay marriage and in 2006 shut down the adoption service of Boston Catholic Charities. which did not place children with same-sex couples. A prescient 2006 Weekly Standard piece by marriage traditionalist Maggie Gallagher explored the broader implications for religious agencies and colleges in free speech, freedom of association, employment law and tax exemption.

The Becket Fund, which represents the Fulton plaintiffs, produced this useful 2008 anthology covering all sides on these issues.

On October 5, the legal jousting heated up when Justice Clarence Thomas, joined by Justice Samuel Alito, issued a protest found within this memo (.pdf here).They dissented on Obergefell, but their chief concern now is that the court's ambiguity "continues to have ruinous consequences for religious liberty" that only SCOTUS itself can and must now remedy. A two-line Slate.com. headline typified reactions of the cultural Left:

Two Supreme Court Justices Just Put Marriage Equality on the Chopping Block

LGBT rights were already in jeopardy. If Amy Coney Barrett gets confirmed, they're likely doomed


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Yin-yang of Washington Post on Amy Coney Barrett: Wait. Pope Francis embraces charismatics?

It would appear that the goal on the cultural and religious left is to find a way to link Judge Amy Coney Barrett to all of that strange charismatic Christian stuff like healing and speaking on tongues while avoiding anti-dogma language that would raise warning flags for Sunday-morning-Mass Catholics. She may as well be a fundamentalist Protestant!

Here is the Big Idea that is right up top, in a story that uses the term “handmaid” 11 times — early and often.

Oh, this will also require tip-toeing around the awkward fact that millions of charismatic Christians are found in Latino and Black pews — Catholic and Protestant.

Will this play a role in the hearings that are getting underway as I type this? We will see.

In the branch of the Democratic Party known as Acela Zone journalism, the key to the news coverage has continued to be a steady drumbeat of references to the word “handmaid,” which in cable-television land calls to mind all kinds of horrible fundamentalist terrors, starting with sexual slaves in red capes and white bonnets.

It’s hard to know what to write about the People of Praise-phobia angle of this story right now, since your GetReligionistas have been on it for some time now. See my podcast and post here: “Why is the 'handmaid' image so important in Amy Coney Barrett coverage?” Also, Julia Duin’s deep dive here into 40 years of history linked to the People of Praise and charismatic Christian communities of this kind. There there is Clemente Lisi on three big questions that reporters need to face linked to Barrett’s faith.

There are too many elite news stories on the handmaid angle to parse them all, so let’s focus on that recent Washington Post feature from a team led by the scribe who brought you the hagiography of Christine Blasey Ford during the confirmation hearings of Supreme Court Justice Brett M. Kavanaugh.

For starters, this would be a good time to remind readers that reporters rarely play any role in the writing of the headlines atop their work. The headline on a piece such as this one primarily tells you the angle that editors thought would launch it into social-media circles among the newsroom’s true believers. Thus we have: “Amy Coney Barrett served as a ‘handmaid’ in Christian group People of Praise.”


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Plug-in: What spiritual ramifications of the fly that landed on Mike Pence's head?

My journalist son Keaton and I were watching the vice presidential debate Wednesday night when he burst out laughing.

“Is that a fly on Mike Pence’s head?” my 23-year-old son wondered out loud.

I glanced up from the Words With Friends game on my iPad and squinted at the TV.

“It sure looks like it,” I said.

We both rushed to check Twitter. Confirmation of our suspicion came quickly. And suddenly, a nation weighted down by too much heavy news had a reason to giggle again.

The New York Times dutifully reported:

Vice President Mike Pence, his hair perfectly coiffed, never reacted to the fly’s appearance on the right side of his head. It stood out against his bright white hair, standing still for the most part but moving around slightly before, well, flying away.

A local TV news reporter from California clocked the fly’s screen time on Mr. Pence’s head at 2 minutes, 3 seconds.

Despite the buzz that it created, the fly did not respond to an interview request. However, America’s most famous insect did start a viral social media account.

Please don’t whack me with a fly swatter, but that “spiritual ramifications” title at the top of this week’s column was clickbait.

If that bugs you, though, Sojourners’ Jenna Barnett has you covered with “5 Bible verses about flies.” See, there’s always a religion angle. Even with Flygate.

Concerning the actual debate, Pence and California Sen. Kamala Harris clashed briefly over religious belief. Religion Unplugged’s Timothy Nerozzi delves into the specifics.


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That (overlooked) 2020 Al Smith dinner served up blunt appeals to Catholic swing voters

That (overlooked) 2020 Al Smith dinner served up blunt appeals to Catholic swing voters

During a normal White House race, the Alfred E. Smith Memorial Foundation Dinner allows the candidates to don formal attire, fire snappy one-liners and make subtle appeals to Catholic voters.

But nothing is normal in 2020. Thus, Joe Biden and President Donald Trump used this year's virtual dinner to preach to Catholic voters in swing states like Ohio, Pennsylvania, Michigan and Florida. The event produced few headlines, coming a mere six hours before Trump announced his positive test for COVID-19.

Saluting Catholic progressive, Biden offered a litany about the pandemic, race, the recession and climate change. He warned that many Americans have lost faith "in one another, in truth, in science and reason."

The current pope, Biden stressed, embraced him during a 2013 White House visit, offering comfort shortly after brain cancer took his son Beau's life.

"Pope Francis took the time to meet with my entire family to help us see the light through the darkness," said Biden. "I live in an amazing country … where an Irish Catholic kid like me from Scranton, Pennsylvania, would one day befriend a Jesuit pope. But that's who we are as a country -- where anything is possible when we care for one another, when we look out for one another, when we keep the faith."

While stressing that he is guided "by the tenets of Catholic social doctrine" -- helping the "least of these" -- Biden didn't mention his vow to codify Roe v. Wade if the Supreme Court overturns that decision or his promise to reinstate policies requiring the Little Sisters of the Poor to cooperate in providing birth control and abortifacients to staff. He didn't mention his decision to officiate at the same-sex wedding of two White House colleagues, an action clashing with church doctrine.

It was logical for Biden to avoid providing fresh ammunition for critics. But the speech, once again, trumpeted his Catholic credentials.

"Joe Biden's choice to run explicitly on the claim that he is a faithful Catholic squarely places on the table his claim to be a faithful Catholic," stressed legal scholar Robert P. George of Princeton University, writing on Facebook. He is a Catholic conservative who has also been a consistent critic of Trump.

“No way out of this, folks," he added. "It's not, or not just, Biden's critics who have raised the issue. It's the Biden campaign. …


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Brace for SCOTUS wars: Three big questions people keep asking about Amy Coney Barrett's faith

It’s been two weeks since President Donald Trump officially nominated Amy Coney Barrett to the Supreme Court. Right on cue, Barrett’s Catholic faith and religious life became the focal point of news coverage, particularly by the secular press.

What has ensued is an exercise among journalists — particularly in elite newsrooms — to question Barrett’s fitness for the lifetime position, particularly because of her religious beliefs.

For many people in elite zip codes, this is life-and-death territory, since Barrett would give the Supreme Court a solid 6-3 conservative majority on some issues.

The nomination — taking place just weeks before the Nov. 3 presidential election — has already triggered a nasty tug-of-war between Republicans and Democrats. Senate Majority Leader Mitch McConnell has pledged to hold a vote, leaving Democrats with very few options to halt it. In retaliation, Democrats have threatened to pack the Supreme Court with as many as 15 members (from the current nine) should Joe Biden win the race and his party gain a Senate majority in 2021.

Barrett, 48, currently serves on the Seventh Circuit in Chicago, a position she attained after being nominated to the bench by Trump. Barrett, who also teaches at Notre Dame Law School, was one of Trump’s finalists for the Supreme Court two years ago, but he instead went with Brett Kavanaugh.

As Election Day draws near in an atmosphere of near chaos, both the Trump and Biden campaigns have made appeals to communities of faith — particularly Catholic voters in the Rust Belt states of Ohio and Pennsylvania — by highlighting issues they believe resonate with them. In Pennsylvania, Biden has seen his lead widen in recent weeks. It remains a key battleground state with a very large Catholic voting bloc that Trump needs to win.

Overall, Catholics, according to recent polling, favor Biden — but traditional Catholics do plan to join evangelicals and vote for the president. Trump’s pick will certainly serve as an overture to faith voters like evangelicals and a segment of white Catholics who tend to be politically conservative.

With religion so crucial to this campaign season, here are three things you need to know about Barrett’s faith:


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How powerful are 'nones' in Democratic Party? That's a complex issue for reporters

Sorry to bring this up again, but I really have to because of the many religion-news angles unfolding in the final weeks of this year’s presidential race, and lots of U.S. Senate races as well.

Hang in there with me. We are heading toward a puzzling passage in a recent Religion News Service analysis that ran with this headline: “ ‘Humanists for Biden-Harris’ to mobilize nonreligious vote.”

Now, that flash back: Frequent GetReligion readers will recall that, in the summer of 2007, political scientist and polling maven John C. Green spoke at a Washington Journalism Center seminar for a circle of journalists from around the world. The topic was press freedom in their home countries, but most of the journalists — especially those from Africa — wanted to talk about the young Sen. Barack Obama of Illinois, who was jumping into the White House race.

The bottom line: Obama was speaking directly to Democrats in the black church, but he was also reaching out to an emerging power bloc in his party — a group Green called the “religiously unaffiliated.” These so-called “nones” were poised to form a powerful coalition with atheists, agnostics and liberal believers. They shared, you see, a common cultural enemy on many issues, as in believers in traditional forms of faith. As I wrote in 2012:

On the right side of the American religious marketplace, defined in terms of doctrine and practice, is a camp of roughly 20 percent (maybe less) of believers who are seriously trying to practice their chosen faith at the level of daily life, said Green. Then, on the other end of the spectrum, there is a growing camp of people who are atheists, agnostics or vaguely spiritual believers. …

In recent national elections this growing camp of secularists and religiously unaffiliated people have formed a powerful coalition with Catholic liberals, liberal Jews and the declining numbers of people found in America's liberal religious denominations (such as the "seven sisters" of oldline Protestantism). Add it all up, Green said in 2009, and you had a growing camp of roughly 20 percent or so on the cultural left.

The bottom line: This coalition was emerging as the dominant voice in the modern Democratic Party on matters of culture and religion.

In those days, Green was doing quite a bit of work with the Pew Research Center — so this was a foretaste of the information that would create waves of headlines with the 2012 release of the “ ‘Nones’ on the Rise” studies.

At press events linked to the release of that data, Green said, once again:


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