Lawsuits

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When profiling ADF's Kristin Waggoner, why not include facts about her Pentecostal roots?

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In late 2005, back in my Washington Times days, I visited the Scottsdale, Ariz., offices of Alliance Defending Freedom, the legal firm that is best known today for litigating Masterpiece Cakeshop v. Colorado Civil Rights Commission and a wave of other important religious-liberty cases before the Supreme Court.

I was very much aware of them, as they were beginning to outdo other stalwarts  -- such as the Rutherford Institute and Jay Sekulow’s American Center for Law and Justice -- in the Christian legal arena. I was researching a piece on ways legal groups were mounting annual campaigns to “defend Christmas,” which ran here. (My byline has been removed, but that is my piece. At the time, the ADF was known as the Alliance Defense Fund.)

It took other media nearly a decade to wake up and discover the ADF. There’s Think Progress’s 2014 piece on the “800-pound Gorilla of the Christian Right;" a similar piece, also in 2014, by the New York Times; a 2016 mention by Politico, a 2017 piece by The Nation on “the Christian legal army” behind the Masterpiece case and more.

So I was interested to see yet another profile on the group; this time a spotlight on Kristin Waggoner, who has litigated ADF’s most high-profile cases this year, by Washington Post feature writer Jessica Contrera.

There were delicious details but major gaps. For example, try to find any specific, factual information about this woman's faith. Some excerpts:

Two days before the announcement of Justice Anthony M. Kennedy’s retirement, a woman who stood to gain from it was on the steps of the Supreme Court once again. Kristen Waggoner’s blond bob was perfectly styled with humidity-fighting paste she’d slicked onto it that morning at the Trump hotel. Her 5-foot frame was heightened by a pair of nude pumps, despite a months-old ankle fracture in need of surgery. On her wrist was a silver bracelet she’d worn nonstop since Dec. 5, 2017, the day she marched up these iconic steps, stood before the justices and argued that a Christian baker could legally refuse to create a cake for a gay couple’s wedding.

Her job was to be the legal mind and public face of Alliance Defending Freedom., an Arizona-based Christian conservative legal nonprofit better known as ADF. ...

Then follows some back story, then a pivot to Waggoner’s personal life.


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National Review offers in-depth look at BYU's religious freedom and media conference

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It's summer, which means that your GetReligionistas -- like many other folks -- are spread out all over the place.

One or two are outside of the United States (think rainforests) and others are on the move for family reasons, etc. In a week or so, I head over to Prague for lectures during this summer's European Journalism Institute.

Like I said, it's summer and these things happen, creating occasional gaps in what we publish.

So, instead of a Friday Five collection from Bobby Ross, Jr., let's flash back a bit to his round-up about the religious freedom and journalism event that recently took Ross, and me, out to the law school at Brigham Young University in Provo, Utah. Click here to flash back to Bobby'r Friday Five wrap on that.

In the weeks ahead, speeches and panels from that event will go online. You really, for example, want to see the keynote speech in the media track, by Emma Green of The Atlantic. Watch updated versions of this space and this one, too, as the links go live. Here is a Facebook link for the "Getting It Right" panel shown in the tweet at the top of this post.

Now, if you want to read an extended piece about this conference, click here for the National Review feature -- by Utah-based scribe Betsy VanDenBerghe -- that just ran with this headline: "Religious-Freedom and LGBT Advocates Offer Rare Lessons in Pluralism." Here is the overture:

In late June, as the United States descended into a high-combustion immigration debate marked by a degree of rancor extraordinary even for an era characterized by discord, an alternate universe quietly unfolded in which cultural-political rivals of goodwill came together to discuss an equally contentious issue: the tension between religious freedom and LGBT rights.

Resuscitating such old-school notions as common ground and fairness for all, the fifth Religious Freedom Annual Review, hosted by the Brigham Young University International Center for Law and Religion Studies in Provo, Utah, gathered legal scholars, LGBT advocates, journalists, and concerned Christian, Jewish, and Muslim leaders to grapple over court cases, questions about higher education and journalistic fairness, and -- surprise! -- common feelings of vulnerability.



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As Jahi McMath — girl at center of life-support controversy — dies, coverage still haunted by ghosts

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GetReligion first commented on the story of Jahi McMath back in 2014 in a post titled "God, faith and church (or not)" by my wife, Tamie Ross.

More recently, my colleague Julia Duin delved into a magazine piece on McMath in a post titled "To die or not to die: The New Yorker probes the case of a 13-year-old girl."

Each of those posts lamented the lack of specific details concerning religion and the family's theological reasons for wanting to keep the teen on life support.

So it's little surprise to find much of the recent news coverage of McMath's death haunted by holy ghosts.

Let's start with a big chunk of CNN's report:

(CNN) Jahi McMath, an Oakland teenager whose brain-death following a routine tonsil surgery in 2013 created national headlines, died on June 22, according to the family's attorney.

She was 13 when she underwent surgery to treat pediatric obstructive sleep apnea, a condition that made her stop breathing in her sleep and caused other medical problems.

Nearly five years later, "Jahi died as the result of complications associated with liver failure," the statement from attorney Christopher Dolan said.

She underwent surgery on December 9, 2013 at the Children's Hospital & Research Center Oakland. After the procedure to remove her tonsils, adenoids and extra sinus tissue Jahi was alert and talking to doctors and even requested a Popsicle.

According to her family, Jahi was in the intensive care unit when she started to bleed and went into cardiac arrest. On December 12, 2013 she was declared brain-dead. Her family disagreed with the declaration.

This launched a months-long battle between the hospital, which sought to remove Jahi from a ventilator after doctors and a judge concluded she was brain-dead, and her relatives, who fought in court to keep her on the ventilator and contended she showed signs of life.

See any missing words there?


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The New York Times 'reports' on an old mantra: Free speech for me, but not for thee

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If you are a journalist of a certain age, as well as an old-guard First Amendment liberal, then you remember what it was like trying to get people to understand why you backed ACLU efforts in 1978 to defend the rights of a neo-Nazi group to march through Skokie.

Clearly this march was going to cause pain and emotional suffering, since that Chicago suburb included many Holocaust survivors. But First Amendment liberals stood firm.

If you grew up Southern Baptist in the Bible Belt, it was also hard to explain why you thought Hustler magazine had the right to publish a filthy, sophomoric satire of the Rev. Jerry Falwell, including a fake claim that he had committed incest with his mother in an outhouse.

That case went to the U.S. Supreme Court. As a New York Times report at the time noted, this Hustler piece was clearly satire and the First Amendment wasn't supposed to protect people from feeling offended or even abused by voices in the public square.

The central legal issue is whether, in the absence of the kinds of false statements purporting to be fact on which libel suits are based, a public figure like Mr. Falwell should be able to win damages from a publication that intentionally causes emotional distress through ridicule, tasteless or otherwise.

Several Justices suggested they were grappling with a conflict between the freedom of the press to carry on a long tradition of biting satire, and what Justice Antonin Scalia called the concern that ''good people should be able to enter public life'' without being exposed to wanton abuse in print.

I remember, back then, liberals saying they would be quick to defend the First Amendment rights of conservatives who spoke out on tough, tricky and even offensive issues.

This brings me to one of the most Twitter-friendly stories of this past weekend, a Times report that ran with this rather blunt headline: "Weaponizing the First Amendment: How Free Speech Became a Conservative Cudgel." It's amazing how little religious content is in this report, in light of waves of religious-liberty fights in recent years.

If you are looking for the thesis statement or statements in this article -- which I think was meant to be "news," not analysis -- here it is: 

... Liberals who once championed expansive First Amendment rights are now uneasy about them.



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No gay wedding flowers yet: Reporters puzzle over what Baronelle Stutzman ruling means

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The U.S. Supreme Court’s decision to toss the Arlene’s Flowers case back to the Washington State Supreme Court instead of ruling on it wasn’t all bouquets for Barronelle Stutzman.

Get this: the highest court in the land dodged making a decisive ruling for Masterpiece Cakeshop v. Colorado Civil Rights Commission several weeks ago, then proceeded to tell  judges in Washington state to take a second look on the Arlene’s Flowers case in light of the vague Masterpiece decision.

In other words, did government officials in Washington state show the same kind of negative bias against Stutzman's religious convictions that was demonstrated in Colorado? That's the point of logic that journalists had to figure out.

Living just east of Seattle as I do, I’m betting the Washington Supreme Court will make exactly the same decision they did before, then lob the case back onto the U.S. Supreme Court’s side. Looking at the local media react, KIRO radio said:

Three weeks after the U.S. Supreme Court upheld the right of a Colorado baker to refuse to make a cake for a gay wedding, the court sent the similar Arlene’s Flowers v. Washington case back to Olympia for another look.

And according to Kristen Waggoner with the Alliance Defending Freedom, an organization that is working pro bono for the florist, Arlene’s Flowers owner Barronelle Stutzman of Richland is feeling “hopeful” about getting a second chance at the Washington State Supreme Court.

Waggoner explained to KIRO Radio’s Dori Monson that the decision essentially nullifies the Washington State Supreme Court’s previous ruling that Stutzman violated the Constitution in 2013 when she refused to do a floral arrangement for a gay wedding.

The Chicago Tribune had a better read:

After failing to fully resolve two difficult cases this term, the Supreme Court signaled Monday it was still not ready to decide whether a Christian shop owner can refuse service to a same-sex wedding or when some states have gone too far in gerrymandering their election maps for partisan advantage.



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Washington Post Magazine examines a Lone Ranger church, without any help from experts

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One of the tragic facts about religion is that true believers have been known to go off the rails. Sometimes they take groups of people -- large or small -- with them into various degrees of oblivion. When this happens, it is common for people outside of these groups to use the word "cult" -- one of the most abused words in the religion-news dictionary.

Long ago, I took a course in contemporary religious movements and "cults" as part of my graduate work in the Church-State Studies program at Baylor University. It was easy to see that the term "cult" is like the word "fundamentalist." One person's cult is another person's "sect" or another's freethinking religious movement.

But here is the crucial point I need to make, before we look at that massive Washington Post Magazine feature that ran under this headline: "The Exiles -- Former members say Calvary Temple in Virginia pressures people to banish loved ones. What happens to those who leave?"

People who study "cults" use this term in one of two ways. There are sociological definitions, usually linked to the work of prophetic figures who hold dangerous degrees of control over their followers. Then there are theological definitions linked to religious groups in which a leader has radically altered core, historic doctrines of a mainstream faith.

You will find all kinds of "cult" talk if you plug "Calvary Temple" and the name of its leader, the Rev. Star R. Scott, into an Internet search engine. However, veteran freelance writer Britt Peterson avoided this term, for the most part, in this feature. I think that was wise.

Has this congregation in Northern Virginia evolved into a pseudo-cult operation? I don't know. What I do know is that it appears to be a perfect example of a trend in American Pentecostal and evangelical life that causes all kinds of trouble for journalists. I am referring, once again, to the rising number of independent churches -- large and small -- that have zero ties to any denomination or traditional faith group.

Many of these Lone Ranger churches are perfectly healthy. Many others go off the rails and, tragically, there is no shepherd higher up the ecclesiastical ladder to hold their leaders accountable. Thus, here is the crucial passage in this first-person magazine feature:

When the Azats joined Calvary in the mid-1980s, its charismatic pastor, Star Robert Scott, had been there for over a decade, starting as youth pastor at what was then the Herndon Assembly of God in 1973, according to former congregants.


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Clergy sex abuse in Pennsylvania: Media scramble to unearth bombshell report

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In newspapers across Pennsylvania, many Sunday editorial pages were filled with angry protests against the Catholic Church and the Pennsylvania Supreme Court. The reason?

Everyone had been waiting for a huge grand jury report on clergy sexual abuse in six dioceses (Greensburg, Pittsburgh, Erie, Harrisburg, Allentown and Scranton) across the state.

In this case, it's crucial to note that even the leaders of the various Catholic dioceses -- not to mention the victims -- wanted this 800-page report released. But then last Wednesday, the state supreme court ordered it sealed.

I’ll start with an excerpt from the Pittsburgh Tribune-Review, for which I freelanced briefly for in the early 1990s. They weren’t into religion reporting back then, but sexual abuse stories aren’t just about religion. They’re about the courts, about the police, about sex, money and power.

Victims of clergy sexual abuse and their attorneys were stunned last week at news that the report would not be made public. The grand jury investigation examined decades of allegations of abuse and cover-ups in six Catholic dioceses across the state, including Pittsburgh and Greensburg.

“They're hurt, and a lot of them will say to me, ‘Mark, this is what they have done to me from day one. When I finally was able to talk about it, they hired an investigator to silence me,' ” (State Rep. Mark) Rozzi said of other victims.

Rozzi was raped at the age of 13 by a priest.

(Altoona lawyer Richard) Serbin, who identified 106 suspected predator priests for the Attorney General's investigators, set the stage for many of the state's early laws involving child sexual abuse when he filed suit against the Altoona-Johnstown Catholic Diocese 31 years ago. The suit established Serbin as a victims' advocate. He said he went on to represent nearly 300 victims of clergy sexual abuse over the next 30 years.

If anyone doesn’t believe people are angry about this, try looking at all the comments (34 at present, which is a lot for this blog) underneath my Cardinal Theodore McCarrick post from last Thursday. The anger out there is as strong as it ever was.


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The scandal of Cardinal Theodore McCarrick and why no major media outed hi

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On Election Day 2008, I was not following the historic election of Barack Obama to the presidency.

Instead, I was meeting up with a priest. At the time, I was religion editor for the Washington Times.

The documents he gave me were sensational. At first I thought it was about a priest who’d been forced out of the priesthood because he’d been caught fondling two teen-aged boys. Then I read why the priest had done this. In layman’s terms: He said he was an emotional and spiritual mess after having been sexually assaulted in 1987 by none less than then-Newark Archbishop Theodore McCarrick.

Now, perhaps many of you have read yesterday’s news about McCarrick, who went on to become cardinal for the see of Washington, D.C., a most prestigious post. This UPI story describes the bare-bones of the matter:

Retired Catholic Cardinal Theodore McCarrick, the former archbishop of Newark, N.J., and Washington, D.C., announced he was stepping down from the ministry Wednesday amid allegations of sexual abuse.

In a statement, the Archdiocese of New York said the Vatican secretary of state, at the direction of Pope Francis, asked McCarrick to step down from the ministry.

Rocco Palmo, the blogmeister for the Vatican-insider blog “Whispers in the Loggia” announced yesterday that McCarrick is the highest-ranking U.S. prelate to be charged with sex misconduct to date. He has some other important details that are a must-read.

More from UPI:

The allegations against McCarrick stem from the abuse of a teenager nearly 50 years ago, while the former archbishop was a priest of the Archdiocese of New York ...


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Are there really 139 religious freedom bills out there? Deseret News offers an ambitious round-up

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With religious freedom in the news these days (from cake bakers in Colorado to imprisoned Christians in North Korea), it’s only right to call attention to a mammoth project the Deseret News just kicked off.

Calling it “the first in an ongoing series of in-depth stories and analyses dissecting and understanding religious liberty in America and the place of faith in the public square,” the newspaper -- owned by a subsidiary of the Church of Jesus Christ of Latter-day Saints -- offered readers the journalistic equivalent of an Excel sheet of religious liberty lawsuits and legislative efforts in response.

It lists 139 bills in six categories: Adoption, college campuses, service refusals, LGBT rights, health care and miscellaneous. The piece begins:

The turf war over the place of faith in the public square is accelerating, and the stakes are rising like never before. Today, nearly every strata of society is affected, from kids in foster care outside Detroit, to college freshmen in Arizona, to florists and cake shop owners in America's heartland. 

On one side are believers who say their faith communities are threatened by an encroaching secular and godless movement seeking to silence and shun them. On the other side are LGBT and women's rights activists who say Americans are being denied basic human rights and enduring ongoing discrimination under the guise of religious freedom.

Many others, including long-time religious liberty advocates, both gay and straight, are alarmed by the direction of today's religious freedom debates, arguing that this value is meant to unify, not tear people apart. 

What’s interesting is that reporter Kelsey Dallas found 139 bills debated in one year.

The latest battlefield affects kids in need of new homes. State lawmakers are deciding whether faith-based adoption or foster care agencies should be allowed to receive government funding if, for religious reasons, they won't serve same-sex couples.

As for campus free speech, the issue isn’t religious per se, but some bills include prohibitions against treating religious organizations different than other groups or penalizing their wish to appoint leaders who hold certain religious beliefs.


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