Supreme Court

New podcast: Are some SCOTUS justices asking, 'Are all religious schools equal in Maine?'

New podcast: Are some SCOTUS justices asking, 'Are all religious schools equal in Maine?'

Let’s say that, in the state of Maine, there are two very different “Lutheran” schools. You could, in this hypothetical case, also say “Episcopal,” or “Presbyterian” or “Congregational.”

Leaders at one of these schools insist that their school is in “the Lutheran tradition,” and it may retain ties to a doctrinally liberal flock. The school has a chapel, but attendance is optional since its students (it may be an elite boarding school) come from all kinds of religious faiths or have no stated faith at all. Classes on hot-button moral issues — sexuality, for example — stress this church’s progressive doctrines.

Academic life is very different at the other Lutheran school, which draws most of its students and financial support from a conservative Lutheran body. Chapel attendance is required and classes linked to moral theology are quite countercultural — defending 2,000 years of Christian tradition.

The question, in the latest church-state case at the U.S. Supreme Court, is whether the state of Maine has the power to say that the first school is eligible for tuition support — using tax dollars — because it’s policies do not clash with those in public schools. Students at the conservative school are not eligible, because its beliefs are “sectarian.”

This is tricky territory and church-state experts on the Religious Right would certainly disagree with experts from the Religious Left and secular think tanks. The question discussed in this week’s “Crossroads” podcast (click here to tune that in) is whether journalists covering this case allowed readers a chance to understand the views of activists on both sides.

Let me state, right up front, that my dueling Lutherans illustration is based on “equal access” church-state principles that emerged from a left-right coalition during the Bill Clinton administration. The big idea: If state officials create policies that affect nonprofits, they cannot back secular groups while discriminating against religious organizations. States could, however, deny aid to both. In other words, religious faith is not a uniquely dangerous form of speech or activity.

Let me state this another way. Under the separation of church and state, officials are not supposed to use tax dollars to back state-approved forms of religion. Ah! But what if some religious groups have doctrines that are consistent with state policies, while others clash with the doctrines of the state?


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Just how big is the Mississippi abortion case at U.S. Supreme Court? Well, THIS BIG

Just how big is the Mississippi abortion case at U.S. Supreme Court? Well, THIS BIG

“The most important abortion case in decades” is how the New York Times’ Adam Liptak describes it.

“The most significant abortion case in a generation,” agree the Wall Street Journal’s Jess Bravin and Brent Kendall.

“The biggest challenge to abortion rights in decades,” echo The Associated Press’ Mark Sherman and Jessica Gresko.

It’s not hyperbole: Roe v. Wade, the 1973 U.S. Supreme Court decision that legalized abortion nationwide, faces its biggest test yet. The Washington Post’s Robert Barnes explains:

The Supreme Court on Wednesday signaled it is on the verge of a major curtailment of abortion rights in the United States, and appeared likely to uphold a Mississippi law that violates one of the essential holdings of Roe v. Wade established nearly 50 years ago.

Whether the court would eventually overrule Roe and its finding that women have a fundamental right to end their pregnancies was unclear.

But none of the six conservatives who make up the court’s majority expressed support for maintaining its rule that states may not prohibit abortion before the point of fetal viability, which is generally estimated to be between 22 and 24 weeks of pregnancy.

At Christianity Today, Kate Shellnutt reports that “pro-life evangelicals who had rallied for the cause for decades were encouraged that the conservative-leaning court appeared willing to uphold a contentious Mississippi law that bans abortion after 15 weeks.”

Other helpful religion coverage:

How faith groups feel about this major abortion case (by Kelsey Dallas, Deseret News)

Before there was Roe: Religious debate before high court’s historic ruling on abortion (by Adelle M. Banks, Religion News Service)

Religion abortion rights supporters fight for access (by Holly Meyer, The Associated Press)


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As Mississippi abortion case arrives, key religion stories vote views of Jews, evangelicals

As Mississippi abortion case arrives, key religion stories vote views of Jews, evangelicals

Let’s start with the basics, for those who have not been following weeks of heated commentary in the mainstream press.

On today’s docket at the U.S. Supreme Court is Dobbs v. Jackson Women’s Health Organization, a case out of Mississippi some say is designed to overturn Roe v. Wade, the 1973 landmark case that legalized abortion.

It involves a 2018 Mississippi law that bans most abortions after 15 weeks, with few exceptions. If decided favorably, states with more restrictive laws (i.e. Texas) would be able to enforce them. Abortion would not be outlawed, but it would be greatly limited — which is why it’s annoying to hear broadcasts, such as the Fox TV item featured at the top of this post, saying the case could “end Roe v. Wade.”

Well, not quite. Because of its new “heartbeat” law, abortions in Texas are down 50% from what they were this time last year, to give you an idea of what may lie ahead.

As for me, I’d like to think that SCOTUS would actually make a decisive ruling on something that has divided the American public for 48 years and resulted in 60 million abortions. These justices have dithered a lot in similar cases and I’m guessing they will bail on this case as well — as they did with Masterpiece Cakeshop case in 2017 in refusing to rule on the merits of the case. I do realize the makeup of the high court has shifted since then. I’m guessing they’ll refuse to give Dobbs a definitive ruling and base their decision on some technicality.

So yes, I’m a pessimist. Key members of this court appear to shun clarity. But at least abortion is on the table again in terms of public discussion, with religion as one of its many permutations, which makes covering this case important for religion reporters.

On the left, this Slate piece argues that abortion rights are in dire peril:

On the eve of Dobbs — before a tsunami of protesters descend upon the court, before nerve-racking oral arguments before a partly empty courtroom, before months of tense deliberations behind the velvet curtains — the smart money counts five votes to gut Roe. …


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America's secular and religious death-by-choice debate is perennial and always newsworthy

America's secular and religious death-by-choice debate is perennial and always newsworthy

By count of the Death with Dignity organization, which devised Oregon's pioneering 1997 law under which 1,905 lives have been ended as of January 22, 10 states plus the District of Columbia have legalized euthanasia and -- assignment editors note -- 14 more states are currently debating such proposals. Click here to check on the situation in each state.

To begin, writers dealing with this perennial and newly current issue should be aware of the verbal politics with what's variously known as "euthanasia" (from the Greek meaning "good death"), "the right to die," "death on demand," "assisted suicide," "physician-assisted suicide” or "mercy killing." The activists who use the “pro-choice” label dislike any blunt mention of "suicide" or "killing" and urge instead that we use "physician-assisted death," "aid in dying" or "death with dignity."

Coverage by some media outlets, to be blunt, replaces non-partisanship with cheerleading.

Britain's The Economist had this mid-November cover headline: "The welcome spread of the right to die." However, to its credit the news magazine's (paywalled) editorial and international survey did summarize problems and opposing arguments.

A November 16 New York Times roundup on U.S. action — “For Terminal Patients, the Barrier to Aid in Dying Can Be a State Line” — reported that in addition to states that may newly legislate death-by-choice, states that already permit it are weighing further liberalization such as ending in-state residency requirements, shortening or waiving waiting periods, dropping the mandate that only physicians handle cases, filing of one request rather than two or more and other steps to streamline the process.

Reporters can find non-religious arguments in favor from Death With Dignity, cited above. It also recommends procedures to avoid abuse of this right. On the con side, pleas and cautions can be obtained from various disability rights organizations (click here for information).

On that score, psychiatrist-turned-journalist Charles Krauthammer, a non-religious Jew, spent much of his adult life paralyzed from the waist down.


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Coverage of the Arlene's Flowers story may be over, but many more cases are on the way

Coverage of the Arlene's Flowers story may be over, but many more cases are on the way

Last week, a famous set of court cases: Arlene’s Flowers v. State of Washington and Ingersoll and Freed v. Arlene’s Flowers, Inc., was settled, allowing both sides to retreat with some feeling of vindication.

The case concerned Barronelle Stutzman, owner of a flower shop in eastern Washington state who was friends with a local gay male couple — but who refused to provide flowers for their same-sex wedding because of her traditional Christian beliefs about marriage.

The gay couple sued her and then the state attorney general, Bob Ferguson, also sued her, saying she couldn’t discriminate on basis of religion. It wasn’t about discrimination, she said. After all, she’d served gay customers before and had employed gay florists in her shop. But her religious beliefs gave her no choice but to refuse to create floral arrangements for the wedding rite.

The case went to the U.S. Supreme Court. The high court, which had just ruled on a similar Colorado case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, remanded it back to Washington state for further consideration in light of their favorable decision on behalf of the owner of the cake shop. But, true to form for those of us living in this ultra-blue state, the Washington Supreme Court ruled again against Stutzman.

The case returned to the U.S. Supreme Court, where Justices Neil Gorsuch, Samuel Alito and Clarence Thomas agreed to take the case. However, that was one justice short of what was needed. (An essay at First Things asked questions about why certain other conservative justices bailed on taking this case).

Now 77 and more than ready to retire, Stutzman settled this month, paying Robert Ingersoll, one of the two men, $5,000 and freeing herself of additional legal costs. You may remember that she raised some $174,000 through GoFundMe before the managers of the website rejected her beliefs and shut her down.

Here's how the Tri City Herald, the local paper, covered the Stutzman’s finale:


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Plug-in: Supreme Court questions inmate's demand for vocal prayers in Texas death chamber

Plug-in: Supreme Court questions inmate's demand for vocal prayers in Texas death chamber

Last week, we set the scene for the U.S. Supreme Court’s hearing of a religious freedom case involving a Texas death-row inmate.

This week, we summarize the mixed response justices gave in that inmate’s case.

Christianity Today’s Daniel Silliman lays out the plot aptly:

If you give a man in a Texas execution chamber the right to a prayer, is he entitled to two?

Can he ask for candles?

Or Communion?

If the United States Supreme Court says a condemned man has the religious right to have his pastor touch his foot while the state injects a lethal dose of chemicals into his veins, then will the court also have to allow a pastor to touch a man’s hand, his head, or even the place where the needle pierces the skin?

The justices quizzed attorney Seth Kretzer about the slippery slope of death penalty prayer on Tuesday morning, as they weighed whether the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), passed by Congress in 2000, give 37-year-old John Henry Ramirez the right to have his pastor lay hands on him and pray aloud when the state of Texas puts him to death.

The high court was skeptical of the inmate’s “demand that his pastor be allowed to pray out loud and touch him during his execution,” according to The Associated Press’ Jessica Gresko.

Justice Clarence Thomas raised concerns “about inmates ‘gaming the system’ by asserting dubious religious claims that served to delay their executions, notes the Wall Street Journal’s Jess Bravin.

The court “seemed divided,” explains the Washington Post’s Robert Barnes, who produced a “deeply reported and evocative” advance piece on the case, reporting from Corpus Christi, Texas.


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New podcast: Left, right, middle? Two giant U.S. seminaries are pro-vaccine, but anti-mandate

New podcast: Left, right, middle? Two giant U.S. seminaries are pro-vaccine, but anti-mandate

Let’s do a COVID-19 religion-news flashback, looking at a storyline or two near the start of the pandemic.

I’m doing this in order to analyze how the press is framing a major new development — the federal-court lawsuit filed by Southern Baptist Theological Seminary and Asbury Seminary challenging the Biden administration’s vaccine mandate. These are, by the way, two of the largest seminaries in the United States and, while other seminaries are collapsing, these two are growing.

Coverage of this lawsuit was the hook for this week’s “Crossroads” podcast. (CLICK HERE to tune that in.)

So now the flashback. Remember when I was writing — at GetReligion and in my national “On Religion” column for the Universal syndicate — about the vast majority of American religious groups who were caught in the middle of the “shelter in place” and lockdown wars linked to COVID-19?

Remember the Catholic priests in Texas who were trying to hear confessions out in the open air (in a big field and parking lot), while following guidelines for social distancing? Or how about the churches that were under attack for holding services in drive-in movie theaters, with the faithful in cars, while it was OK for folks to be in parking-lot scrums at liquor stores and big box super-marts? Then you had the whole casinos are “essential services” while religious congregations were not “essential.”

I argued, at that time, that this was way more complicated than religious people who cooperated with the government and those who didn’t. This was not a simple left vs. right, good vs. bad situation. In fact, there were at least FIVE different groups to cover in these newsy debates:

They are (1) the 99% of religious leaders who cooperated and took worship online, (2) some religious leaders who (think drive-in worship or drive-thru confessions) who tried to create activities that followed social-distancing standards, (3) a few preachers who rebelled, period, (4) lots of government leaders who established logical laws and tried to be consistent with sacred and secular activities and (5) some politicians who seemed to think drive-in religious events were more dangerous than their secular counterparts.

That’s complicated stuff.

The problem is that, in the world of American politics, things have to be crushed down into left and right templates or even, there for a few years, into pro-Donald Trump and the anti-Donald Trump. I’m sure we’re past that last part. Right?


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Journalism tips on: (1) Evangelical crack-ups, (2) campus faith fights, (3) COVID exemptions

Journalism tips on: (1) Evangelical crack-ups, (2) campus faith fights, (3) COVID exemptions

A potential U.S. evangelical crack-up continues as a lively story topic since Guy Memos here since these two Memos here at GetReligion, “Are we finally witnessing the long-anticipated (by journalists) evangelical crack-up?” and also “Concerning evangelical elites, Donald Trump and the press: The great crack-up continues.” In USA Today, Daniel Darling, for one, sought hope despite his recent victimhood in these tensions.

Media professionals considering work on this theme should note a lament at book length coming next week: "Struggling with Evangelicalism: Why I Want to Leave and What It Takes to Stay" by Dan Stringer. The author is a lifelong evangelical, Wheaton College (Illinois) and Fuller Theological Seminary alum, leader of InterVarsity's graduate student and faculty ministries in Hawaii and Evangelical Covenant Church minister. This book comes from InterVarsity Press.

The Guy has yet to read this book, but it looks to be a must-read for reporters covering American evangelicals in the Bible-Belt and elsewhere. Stringer ponders how evangelicalism can move beyond too-familiar sexual scandals, racial and gender conflicts, and Trump Era political rancor -- what a blurb by retired Fuller President Richard Mouw calls "blind spots, toxic brokenness and complicity with injustice."

Regarding the Donald Trump factor, the evangelical elite was largely silent, with one faction openly opposed, while certain outspoken evangelicals backed the problematic populist.

As The Guy has observed, recent politics exposed the already existing gap between institutional officials and the Trumpified evangelical rank and file. Problem is, to thrive any religious or cultural movement needs intelligent leaders united with a substantial grass-roots constituency to build long-term strategy.

Evangelicalism has always combined basic unity in belief with a wide variety of differences. Think denominational vs. independent, Arminian vs. Calvinist, gender "complementarian" vs. "egalitarian," Pentecostal-Charismatic vs. others and a racial divide so wide that many Black evangelicals shun the e-word alltogether.

In an October 21 Patheos article, historian Daniel K. Williams at the University of West Georgia added North vs. South to those internal divisions. He recounts that the Southern Baptist Convention remained mostly apart when northerners began to supplant "fundamentalism" with "evangelicalism" in the World War II era. Eventually, he says, this movement formed a North-South alliance but it's now eroding.


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Religious liberty at SCOTUS, again: Touch, comfort and the prayers of clergy at executions

Religious liberty at SCOTUS, again: Touch, comfort and the prayers of clergy at executions

The U.S. Supreme Court will hear religious freedom arguments Tuesday in the case of a Texas death-row inmate named John Henry Ramirez.

Ramirez, 37, wants his Southern Baptist pastor to lay hands on him and pray before and during his execution. The state of Texas won’t allow it.

Time magazine’s Madeleine Carlisle provides a nice overview of the case.

“The job of a minister is not to stand still and be quiet,” Dana Moore, the inmate’s pastor, tells Time. “Prayer is very important. And the power of touch is real. It’s encouraging. It brings peace. It’s significant… Why can’t I hold his hand?”

In an August interview with New York Times religion writer Ruth Graham, Ramirez took responsibility for killing Corpus Christi convenience store clerk Pablo Castro, calling Castro’s 2004 death a “heinous murder.” (As noted by the Corpus Christi Caller-Times, Ramirez “beat and kicked Castro and stabbed him 29 times with a 6-inch serrated knife.” He and two female accomplices left the scene with $1.25.)

“It would just be comforting,” Ramirez said of wanting Moore by his side at the time of his lethal injection.

At The Associated Press, religion writer David Crary explains that the “ACLU has a long history of opposing the death penalty and also says that condemned prisoners, even at the moment of execution, have religious rights.”

Conservative church-state activists have been involved in this case, and others like it, since Day 1.

“Intriguingly, the ACLU’s position in the Ramirez case is echoed by some conservative religious groups which support the death penalty and are often at odds with the ACLU on other issues,” Crary reports.


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