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After the Cakeshop case: Justice Kennedy cites need for First Amendment guidelines -- then punts

It's the question that journalists have to be asking right now, along with the legal pros on both sides of future First Amendment clashes between sexual liberty and religious liberty. 

Now what?

To be blunt, was the 7-2 U.S. Supreme Court ruling in Masterpiece Cakeshop, LTD v. Colorado Civil Rights Commission (.pdf) a signal (a) to religious believers of all stripes that it's open season, in terms of rejecting LGBTQ customers or (b) to blue-zip-code politicians that they are free to stomp on the First Amendment rights of traditional religious believers, only while using cool, calm legal logic rather than the heated prose used in Colorado?

As always, the key lines to parse were written by Justice Anthony Kennedy. Here is the essential material, as quoted by USA Today:

Kennedy acknowledged that business owners generally cannot deny equal access to goods and services under a neutral public accommodations law. Otherwise, he said, "a long list of persons who provide goods and services for marriages and weddings might refuse to do so for gay persons, thus resulting in a community-wide stigma inconsistent with the history and dynamics of civil rights laws."

"The outcome of cases like this in other circumstances must await further elaboration in the courts," Kennedy said. "These disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market."

It's interesting that Baptist Press, when focusing on the same bottom line, made a strong effort to note the degree to which Kennedy once again affirmed LGBTQ rights:

"Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," Kennedy said. "For that reason 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."

He wrote, "The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market."

So reporters, what phrases jump out at you, as you look to the future of this story?


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Religion News Service fallout III -- A press release sheds neither heat nor light

More fallout continueth from the Religion News Service explosions of two weeks ago with the release of a press release that sounds like a directive out of George Orwell’s dystopian novel 1984.

A quick review: tmatt’s April 24 post was the first reporting by anyone on this on RNS’s problems. Then I offered this mega-piece on the 26th,  which beat two magazine stories on the topic by almost a day. Then I followed up with this piece on the 27th, which looked at those pieces in The New Republic and the Columbia Journalism Review and then included the first official word of the Religion News Foundation's upcoming $4.9 million Lilly Endowment grant.

Make sure to bone up on the history of this conflict before going further. All that, plus Richard “Religion Guy” Ostling’s memo a few days later has resulted in some pretty decent coverage and commentary from the team here at GetReligion.

So this past Monday, RNS, through its crisis PR firm Athene Strategies, released the following:

COLUMBIA, Mo. -- Recent announcements at Religion News Service, including new staff and a pending $4.9 million grant, demonstrate the strategic adjustments RNS is making to honor its 84-year legacy and ensure its bright future.

With these changes, RNS aims to do more than simply survive in a 21st century media landscape. Our vision requires bringing renewed energy and an innovation mindset to the field of religion journalism. By educating and informing a growing audience, we can help cultivate mutual understanding among people of different cultures, faiths and traditions. The result? More peaceful, pluralistic communities around the world.

So RNS holds a key to world peace? That's quite a journalistic mission.

We can do better. This reminds me of the “community journalism” craze of a few decades back mixed with UNESCO agitprop. Am also curious why the story is datelined out of Missouri. Yes, I know there are administrative ties to the University of Missouri, but why not dateline it in Washington, DC where RNS is based? 


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On the National Day of Prayer, there's faith-based news from the White House and an RNS scoop

Hey, look at that: a scoop for Religion News Service.

Over the last week and a half, amid all the discussion about the firing of the RNS editor in chief and the resignations of its managing editor and a national correspondent, the wire service reportedly hired a crisis management PR firm.

But for a news organization, here's the best kind of PR: good journalism that breaks important news.

Enter Adelle Banks, RNS production editor and national correspondent since 1995, with a scoop that will surprise no one who has followed her award-winning career.

(Full disclosure: Banks has edited my RNS freelance pieces from time to time and always impressed me with her meticulous attention to detail.)

Banks broke the news Wednesday night that the White House would announce a new faith-based initiative coinciding with today's National Day of Prayer:

WASHINGTON (RNS) — President Trump plans to unveil a new initiative that aims to give faith groups a stronger voice within the federal government and serve as a watchdog for government overreach on religious liberty issues.

He is scheduled to sign an executive order on Thursday (May 3), the National Day of Prayer, “to ensure that the faith-based and community organizations that form the bedrock of our society have strong advocates in the White House and throughout the Federal Government,” a White House document reads.


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RNS meltdown II: New media reports, new details and Lilly Endowment confirms $4.9 million grant

Since I came out yesterday with the first news analysis on the implosion at Religion News Service, two other publications have published solid stories on the imbroglio.

This, as I was finishing this follow-up post, a Lilly Endowment press contact got back to me to confirm a whopping grant that RNS, through the Religion News Foundation, is poised to get. That's one of the major pieces of this giant, painful, puzzle.

There's been a lot of discussion about a pending deal between RNS, the Associated Press and TheConversation.com, a related web news curator (see this earlier post by our own Richard Ostling about this site), that will be funded by the Lilly Foundation, the base funder for RNS throughout the years. Communications director Judith Cebula just emailed me the following:

Lilly Endowment approved a grant to Religion News Foundation in December, 2017, in the amount of $4.9 million subject to a favorable determination regarding private foundation tax law requirements. Because the condition has not yet been satisfied, no grant payments have been made. For additional information about the grant, please contact the Religion News Foundation.

The words "subject to" are always important. So stay tuned.

I don't know who first suggested that Lilly facilitate broader distribution of religion news to publishers thru AP but the deal has been percolating for some time. AP would get the lion's share of the money, but RNS and TheConversation.com would also make out well.

Apparently enlightened minds at AP want to strengthen their religion reporting (AP only has one national reporter, Rachel Zoll, out of New York), via RNS content. This would be a major coup for RNS in terms of visibility and distribution of their work. What this would be for their current subscribers, fees for content, etc., I have no idea.


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RNS analysis: How America's one religion wire service melted down over a long weekend (Part I)

By now, news of the editorial bloodbath at Religion News Service is into its fourth day. The bare facts: A respected editor was ousted with apparently no warning or announced cause; two more veteran staff members quit within three days, two others had recently been let go and many others are looking to leave.

There’s a been a wave of postings on the Religion News Association’s members Facebook page. The topics: a campaign by current and former RNS employees to tell their story and –- in an unrelated matter –- a pending $4 million deal by which RNS material would be distributed by the Associated Press.

The conflict appears to have begun with two people: Tom Gallagher, the publisher of the Religion News Service and CEO of the Religion News Foundation, and Richard Mouw, retired president of Fuller Theological Seminary.

Before arriving at RNS in November 2016, Gallagher was a corporate lawyer and one-time volunteer with Mother Teresa’s Missionaries of Charity. He had been a columnist for the National Catholic Reporter since 2009. His detractors note that he has zero full-time, mainstream news experience (it’s certainly missing from his bio here). Also, the foundation manages RNS, which has about 100 media subscribers, and the Religion News Association, the global network of religion reporters. Its business office is housed at the University of Missouri and employees are paid through the financial structures of the university.

“I think we all knew when he was hired he didn’t have a ton of daily journalism experience,” Kimberly Winston Ligocki, a (now former) RNS national reporter based in California, told me. “We figured he would learn on the job. The thinking was he was hired more for his expertise with money and fundraising, which we needed.”

When I got ahold of Gallagher Wednesday morning, he refused comment on the RNS hirings and firings. When I asked him about his background, he said, “I have to run,” before hanging up.

When Gallagher came on board, RNS was already under the leadership of editor Jerome Socolovsky, a religion reporter for Voice of America and a multi-lingual correspondent for NPR, based in Spain. Socolovsky was hired in the fall of 2015.

This is a long, complicated story. But where did the conflict begin?


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Editor and publisher news at Religion News Service: Note strategic silences on Twitter, right now

If you care about religion news in America and around the world, then your business-day dose of email probably includes a copy of The Slingshot, the digital newsletter produced by the Religion News Service that summarizes the newsroom's latest offerings.

The typical edition includes a few hard-news pieces by the wire service's small, but in most cases highly experienced staff, as well as lots of links to RNS opinion columns and blog posts. The Slingshot also includes short, helpful notes pointing readers to religion features produced elsewhere.

In many ways, The Slingshot shows where American journalism is at the moment -- since opinion is cheap and hard-news information is expensive. The professionals at RNS are not alone in wrestling with that brutal equation.

Today's edition of The Slingshot leads with aggregation blurbs pointing to articles at The Orange Country Register, Religion Dispatches, NBC News and an RNS news piece from yesterday.

What the newsletter does not include is any information about the primary question that is currently being asked on Twitter. That would be: What is going on at Religion News Service?

At this point, it's best to back up and follow the shards of information that have been put on the record in social media.

Let's start with this announcement from the wire service's now-former editor, Jerome Socolovsky. Concerned readers will want to read the whole thread and keep checking back for updates.

However, journalists will certainly note this phrase -- "and that's about all I can say."


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Generic evangelicals working hard to build bridges between Israel and Syrians

As I have mentioned before, it was 20 years ago -- last weekend was Pascha, the anniversary -- that my family converted to Eastern Orthodoxy.

In terms of the complex map of Orthodoxy, we became part of the ancient Antiochian Orthodox Christian Church, with its historic ties to Damascus. It's still based 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 families came -- one or two generations ago -- from Syria, Lebanon or Palestine. I pray every day for the protection of the church of Damascus.

Suffice it to say, the wider Mattingly family includes other people who know a whole lot about life in the modern Middle East. We will leave it at that.

If I have learned anything about that region it is this: When it comes to the Middle East, religious ties are very specific. It matters what kind of "Christians" you are talking about. It matters what branch or movement within Islam you're talking about. Secular or religious or Orthodox Jews? That matters. There's very little generic religion in the Middle East.

I bring this up because of an interesting, but in the end frustrating, USA Today report about American evangelicals -- they are not called missionaries -- who are doing some tricky work in Israel, while cooperating fully with the Israelis. The headline: "These evangelicals in Israel are on a mission to win the hearts and minds of Syrians." The overture says:

ALONG THE GOLAN HEIGHTS -- In the no-man’s land between Israel and Syria, an unlikely group of Americans toil at a makeshift clinic to care for ill and injured Syrians trapped in their country’s seven-year civil war.
For Don Tipton of Beverly Hills and his group of evangelical Christian do-gooders, their border perch is a divine mission. For the Israelis, Tipton and his group are part of a deliberate defense mission to win the hearts and minds of Syrian civilians.


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Lessons from the past: Who is building a super-ministry in ruins of Jim Bakker's dream?

As a former religion-beat guy in Charlotte, and a veteran of the Jim Bakker and PTL wars of the 1980s (click here for my flashback), I was -- of course -- very interested in The Charlotte Observer's lengthy update on the status of the old Heritage USA.

Here's the totally logical headline on this solid -- but narrow -- feature: "Jim Bakker’s theme park was like a Christian Disneyland. Here’s what happened to it." What's missing? Hold that thought.

As the story notes, Heritage USA was supposed to grow into a kind of Disneyland for charismatic Christians, but things fell apart before the 2,300-acre complex reached the roller coaster ride through heaven and hell stage of development. For those in need of a refresher on why there is this:

Construction had already begun by then on two other mega-projects: A sand castle with a 10-story turret that would house the world’s largest Wendy’s restaurant, and a high-rise hotel to be called Heritage Grand Towers. When finished, reported the Heritage Herald, a weekly newspaper for tourists and those living on the PTL property, the tower’s “elegantly furnished” 500 rooms would include 100 honeymoon suites “for couples who come to Heritage USA to renew their marriages.”
Two months later, Bakker suddenly resigned amid financial and sexual scandal. His plans were scrapped, the ongoing construction halted. Today, three decades after Bakker’s dreams gave way to a nightmarish spell of bankruptcy, lawsuits and prison, many of the magnets that once drew people to Heritage USA are long gone.

The architectural corpse that gets the most attention in this piece -- fittingly enough -- is Bakker's never-finished, never-occupied 21-story tower. It continues its slow decay, while the current owners dream of expanded ministries that sound eerily familiar.

This is the crucial part of the story that I hope Observer editors return to, in depth, in the future. Why? Well, I am biased because this is the part of the story that I kept writing newsroom memos about in the early 1980s, trying to convince editors that there was a national-level story at the foundation of the Bakker scandals.


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Texas lesbian parents adopting refugee child through Catholic Charities: media coverage skewed

In Texas, a lesbian couple is suing in federal court after being told they "don't mirror the Holy family" and can't foster refugee kids, the Dallas Morning News reports.

Some of the arguments at play mirror those that made headlines last year when the Texas Legislature passed a law to protect the conscience rights of faith-based adoption agencies that receive state funds.

However, the latest case involves federal law since the U.S. government, not state agencies, are involved in the refugee children's placement.

The Dallas paper reports:

AUSTIN — Two Texas women are suing the Trump administration after the couple say they were told they could not foster a refugee child because they don't "mirror the Holy Family." 
Fatma Marouf and Bryn Esplin, both professors at Texas A&M University, said they were turned away by Catholic Charities Fort Worth after they expressed interest in applying to be foster parents to a refugee child. Catholic Charities, which has multiple regional offices, is the only organization in Texas that works with the federal government to resettle unaccompanied refugee children here. 
Catholic Charities' program is overseen by the U.S. Conference of Catholic Bishops, one of two lead agencies that partners with the federal Office of Refugee Resettlement. With the help of the LGBT legal group Lambda Legal, the couple is suing both the Conference and U.S. Health and Human Services, saying the decision to reject their interest in foster care violated the U.S. Constitution.

The first version of the story that I read didn't include a response from Catholic Charities up high. But the Morning News later added this statement from the Fort Worth bishop:

In a statement, the Texas Conference of Catholic Bishops and Catholic Diocese of Fort Worth did not comment on the couple's specific allegations but insisted their refugee foster care rules comply with all federal regulations and laws.
"Finding foster parents — and other resources — for refugee children is difficult work," Catholic Diocese of Fort Worth Bishop Michael Olson said. "It would be tragic if Catholic Charities were not able to provide this help, in accordance with the Gospel values and family, assistance that is so essential to these children who are vulnerable to being mistreated as meaningless in society."


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