Human Rights

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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Attention Washington Post: ISIS forced women from several religious faiths into sexual slavery

The Islamic State isn't making as much news as it once did, as the so-called caliphate continues to decline in size and, in some ways, power. However, it leaves behind a complex legacy of persecution, torture, slavery and, yes, genocide.

There are many victims with stories to tell and it's clear that some journalists and diplomats have not mastered all of the details of this tragedy.

Consider the Washington Post story that ran the other day with this headline: "‘Somebody had to tell these stories’: An Iraqi woman’s ordeal as an ISIS sex slave." It's a horrifying and important story.

The Post international desk did a fine job of presenting the story of Yazidi survivor Nadia Murad. That's important, since the Yazidis remain an obscure religious minority for most American readers.

But there is a problem: The Post report never mentions that the Yazidis were not alone. Christians, Shia Muslims and others suffered the same fate, with mothers, fathers and sons slaughtered and girls sold as sexual slaves. As Secretary of State John Kerry said in 2016:

... (In) my judgment, Daesh is responsible for genocide against groups in areas under its control, including Yezidis, Christians, and Shia Muslims. Daesh is genocidal by self-proclamation, by ideology, and by actions -- in what it says, what it believes, and what it does. Daesh is also responsible for crimes against humanity and ethnic cleansing directed at these same groups and in some cases also against Sunni Muslims, Kurds, and other minorities.

Kerry went on to specifically say that "Daesh captured and enslaved thousands of Yezidi women and girls -- selling them at auction, raping them at will, and destroying the communities in which they had lived for countless generations." He added: "We know that in Mosul, Qaraqosh, and elsewhere, Daesh has executed Christians solely because of their faith ... and that it has also forced Christian women and girls into sexual slavery."

The problem isn't that the Post focused so tightly on the details of Murad's story, since her testimony is what this report is all about. The problem is in the summary paragraphs that failed to inform readers that women and girls in other religious minorities suffered the same faith.


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NPR gets it right about how bad things are for non-Muslims in Indonesia

Soon after the 9/11 attacks, my employers were looking for the next place where Islamic militants were hiding out and I proposed a trip to Indonesia, the world’s largest Muslim country -- where there was a potential massacre awaiting Christians in one of its eastern provinces. The plane tickets were all bought and plans were for me and a photographer to fly to Palu, a city in central Sulawesi, an island shaped like something between a swastika and a pinwheel.

At the last minute, a top editor cancelled the trip because he was afraid that if we were kidnapped, the newspaper didn’t have the means to rescue us. Being that journalists were getting killed in Afghanistan, it was a very real fear. But I was terribly disappointed not to go.

North Sulawesi, it turns out, is quite Protestant and reputed to have a church every 100 meters. But central Sulawesi was much more Muslim, so we planned to drive to Poso, then south to Tentena, a Christian village that was in some danger of being wiped out by Islamists. This CNN article tells of how some 7,000 Muslim guerillas were planning war on about 60,000 Christian villagers. A few years later, guerillas were using machetes to chop off the heads of young Christian girls.

The reason for this long introduction is that NPR recently did a piece on the utter lack of religious liberty for Christians in Indonesia, as illustrated by a small church outside of Jakarta that the local Muslims will not allow to open. A sample:

The city of Bogor, on the outskirts of greater Jakarta, is a conservative Muslim area with a strong Christian minority. To open a church here, Christian groups must meet a lot of requirements, including getting permission from Muslim authorities.
Starting in 2003, the Taman Yasmin Indonesia Christian Church, also known as the GKI Yasmin Church, got all the necessary legal permits. But vocal Muslim citizens opposed construction of the church and pressured the local government to cancel the permits.
The local government acquiesced to the demands. But the church group went to court, and won. On an appeal, they won again. Finally, the case went all the way to Indonesia's Supreme Court — where the church group won a third time, in 2010. But to this day, the congregation can't worship there…

Why do I bring this up? Because this NPR report contradicts the widespread media fantasy of Indonesia as this happy inter-religious paradise.


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Real fake news: Facebook's role in Buddhist Myanmar's deadly war against its Rohingya Muslims

Real fake news: Facebook's role in Buddhist Myanmar's deadly war against its Rohingya Muslims

Before I get to the Facebook angle of this post, please indulge me as I note what I believe are two widely held beliefs that we'd be better off dropping. Blame it on a recent The New York Times piece on Buddhist Myanmar’s treatment of its Rohingya Muslim minority.

The first is that Buddhists are all about peace and compassion. This idea persists in some circles, thanks to how Mindfulness and other Buddhist meditation practices are sold in the West. Well, get over it.

The exiled Tibetan Buddhist religious leader Tenzin Gyatso, better known by his title, the Dalai Lama, is a rare exception. In Myanmar, Buddhist monks are some of the fiercest instigators of nasty anti-Rohingya ethnic cleansing.

Two, we tend to believe that all Nobel Peace Prize winners are saintly advocates for equal justice for all. Well, what about Myanmar’s Daw Aung San Suu Kyi, who won the esteemed prize in 1991 while under house arrest for her peaceful opposition to her nation’s dictatorial military government.

These days, as her nation’s prime minister-equivalent, she defends the way the Rohingyas have been treated by her Buddhist brethren. She argues that the Rohingya are simply Muslim Bangladeshis who, in essence, are illegal squatters in Buddhist Myanmar.

So what do you know? Buddhists and Nobel Prize winners can be just as broken as the rest of us.

Now for that New York Times piece out of Myanmar written by the paper’s new Southeast Asia correspondent, Hannah Beech. She’s new to the Times, but certainly not to the region or elite journalism.

What struck me most about her excellent piece, however, were not the naive beliefs cited above. Rather, it was what she reported about the role that Facebook and other social media have played in the conflict. (Facebook and other social media are also the subject of Congressional hearings this week because of how the Russians used them in an attempt to confuse voters in the United States' 2016 president election.)


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Will team Trump come through for Christians in Middle East? Will press cover this story?

Two decades ago, my family converted to Eastern Orthodoxy -- becoming part of the ancient Antiochian Orthodox Christian Church that is based on Damascus, located on the street called Straight (as in Acts 9:11).

From 2001-2004 we were members of a West Palm Beach, Fla., congregation in which most of the members had deep family roots into Syria, Lebanon or Palestine. Needless to say, they had stories to tell about the struggles of Christians in the Middle East.

Here in America, we tend to focus on the present. At the moment, that means talking about atrocities linked to the Islamic State. When you talk to Christians from the Middle East, the events of the present are always tied to centuries of oppression in the past. It's all one story.

Right now, the issue -- for many Christians, and members of other oppressed religious minorities -- is how to survive in refugee camps. After that they face the ultimate questions of whether to flee the region or attempt, once again, to return to their battered homes and churches and start over.

Thus, I noticed a story last week that received very little attention in the American mainstream press. Once again, we are dealing with a story that I first saw in an online analysis at The Atlantic. When I went looking for mainstream, hard-news coverage, I saw this short CNN report, and that was pretty much it. Here's the heart of that CNN story:

Washington (CNN) Vice President Mike Pence announced Wednesday night that the Trump administration will no longer fund "ineffective" programs run by the United Nations to help persecuted communities and will instead send money to such groups directly through the US Agency for International Development.
"President (Donald) Trump has ordered the State Department to stop funding ineffective relief efforts at the United Nations, ... and from this day forward, America will provide support directly to persecuted communities through USAID," Pence declared to extended applause while speaking in Washington to the group In Defense of Christians, which advocates for greater protection of Christians in the Middle East.
"While faith-based groups with proven track records and deep roots in the region are more than willing to assist, the United Nations continues to deny their funding requests," Pence said.
The vice president, who is deeply religious, urged his "fellow Christians" to support faith-based groups and private organizations.

    Note the strange, vague little phrase that Pence is "deeply religious," backed by the scare-quote "fellow Christians" reference. In other words, this move is just another attempt to play to the GOP base. Thus, this isn't really a story that matters.

     


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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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    Good advocacy journalism -- The French daily Liberation on the right to die

    What the weak head with strongest bias rules, Is pride, the never-failing vice of fools. Alexander Pope, An Essay on Criticism, (1711) line 203.

    Regular readers of these columns will discern my disdain for advocacy journalism. It is part of my personal catalogue of the seven deadly sins. Let us tick them off according to Pope Gregory I’s list: lust, gluttony, greed, sloth, wrath, wnvy and pride. Advocacy journalism is the reporter’s particular sin of pride. It takes humility to handle opposing voices with accuracy and respect.

    But I do not want to dismiss this style out of hand for there are many examples of excellent opinion-centered news articles. A recent story on euthanasia from the French daily Libération is an example of how to do advocacy journalism well.

    But first let us define our terms. In a recent GetReligion article, editor tmatt described the clash of ideologies between the classical school of Anglo-American reporting, and the older but now revived school of advocacy reporting.

    When I say "old-school journalism," I am referring to what textbooks often call the "American model of the press," which stresses that journalists should strive to honor standards of accuracy, fairness and balance when covering the news. The key: When reporting on hot-button issues, journalists should strive to treat people on all sides of these debates with respect.
    This classically liberal approach to news emerged, and evolved, in the late 19th century and the early 20th century. The goal was to produce news that was as independent as possible, thus exposing readers to genuine diversity. Citizens could then make up their own minds.


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    Previewing SCOTUS term, New York Times views wedding cakes through familiar Kellerism lens

    Hmmm, let's see now. It's the first Monday in October, and that means the Supreme Court of the United States, popularly known as SCOTUS, is back in session. It's as predictable as clockwork.

    Equally predictable is having journalists at The New York Times view a controversial issue involving the First Amendment and deeply held religious beliefs through the lens of Kellerism. That's the GetReligion term for news coverage that says some issues are settled, hence airing both sides of an issue is unnecessary. We all know the Earth isn't flat, right? (That's a rhetorical question, gentle reader. I know the planet isn't flat, but thank you for asking.)

    The lens-deployment comes in the matter of Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a long story on the new term, we get a lengthy, chunky section on this case. It's worth wading through the details contained in this long excerpt:

    The court will re-enter the culture wars in a case concerning a Colorado baker who refused to create a wedding cake for a gay couple, saying it would violate his Christian faith and his right to free speech.
    The case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111, involves a clash between laws that prohibit businesses open to the public from discriminating based on sexual orientation and claims of religious freedom.
    On one side are religious people and companies that say the government should not force them to choose between the requirements of their faiths and their livelihoods. On the other are gay and lesbian couples who say they are entitled to equal treatment from businesses that choose to serve the general public.
    The Supreme Court’s earlier decisions and Justice [Anthony] Kennedy’s conflicting impulses about gay rights and free speech make the outcome hard to predict.


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    Why not quote Buddhists in news about Buddhist mistreatment of Myanmar's Muslim Rohingyas?

    Here at GetReligion we're constantly going on about the sources journalists rely upon when reporting religion stories. We keep asking, for instance, why religious liberals are the only voices quoted in stories critical of this or that traditionalist position.

    One reason for this is Kellerism, the GetReligion term for when editors at a news outlet decide that it only needs to quote one side in a debate because the other side is simply on the wrong side of history or is flat out wrong.

    However, there are many other times when appropriate positions are missing simply because journalists do not know they exist or how to find them.

    That’s the case with Buddhist views on the goings on in Myanmar, where Rohingya Muslims are being harshly persecuted and forced to seek safety in neighboring, and Muslim, Bangladesh. Even the presence of a Nobel Peace Prize winner as Myanmar’s ostensible leader has not helped the Rohingya minority.

    Why? Because Myanmar’s overwhelming Buddhist majority simply has little sympathy for its Muslim neighbors.

    Surely, though, there must be some Buddhist leaders who are more sympathetic and who can be contacted for a quote or two that expresses another Buddhist viewpoint? Or do we have to make do with global political leaders and humanitarian groups for comments critical of Myanmar’s handling of the situation, as has generally been the case.

    No, we don't. #JournalismMatters

    Still, other than the Dalai Lama, the exiled Tibetan Buddhist leader that Western journalists, in particular, seem to think speaks for all Buddhists everywhere, prominent Buddhist voices are generally absent from the many stories being produced about the plight of the Rohingyas.


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