Supreme Court

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Unfinished 2019 business in America's ongoing First Amendment wars over religious liberty

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During the year-end news rush, many or most media – and The Religion Guy as well – missed a significant development in the ongoing religious liberty wars that will be playing out in 2019 and well beyond. 

 On Dec. 10, Business Leaders in Christ filed a federal lawsuit against the University of Iowa for removing the group’s on-campus recognition on grounds of discrimination on the basis of sexual orientation.  This club for business students requires its leaders to uphold traditional Christian beliefs, including that “God’s intention for a sexual relationship is to be between a husband and wife.” See local coverage here.

These sorts of disputes across the nation are thought to be a factor in religious citizens’ support for Donald Trump’s surprise election as president. And the Iowa matter is a significant test case because the Trump Department of Justice filed in support of the club Dec. 21, in line with a 2017 religious liberty policy issued by former Attorney General Jeff Sessions. 

The DoJ’s court brief is a forthright presentation of the argument the Iowa club and other such organizations make for freedom of association, freedom of speech and “free exercise of religion” under the Constitution. Contact: Eric Treene of the Civil Rights Division, 202–514-2228 or eric.treene@usdoj.gov.

More broadly, what does the American nation believe these days regarding religious freedom?

That’s the theme of a related and also neglected story, the Nov. 29 issuance of a new “American Charter of Freedom of Religion and Conscience” (info and text here). The years-long negotiations on this text were sponsored by the Religious Freedom Institute, which evolved from a Georgetown University initiative, and Baylor University’s Institute for Studies of Religion. 

The Religion Guy finds this document important, although at 5,000 words needlessly repetitive.  In essence, it asserts that freedom of religiously grounded thought, observance and public action, and the equal rights of conscience for non-believers, are fundamental to the American heritage and the well-being of all societies. 

Adopting lingo from federal court rulings, the charter says these freedoms are not absolute. But any “substantial burden” limiting them “must be justified by a compelling governmental interest” and implemented by “the least restrictive” means possible. The charter also endorses the separation of religion and state.

It is remarkable — and discouraging to The Guy — that basic Bill of Rights tenets even need to be reiterated in this dramatic fashion, because that tells us they are too often neglected -- or rejected.  

The charter has won a notably varied list of initial endorsers because it purposely avoids taking stands on the “sometimes bitter debates” over how to apply these principles, in particular clashes between religious traditionalists and the LGBTQ community.


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Child sexual abuse by priests was top 2018 religion story: What about McCarrick and the bishops?

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Child sexual abuse by priests was top 2018 religion story: What about McCarrick and the bishops?

On July 16, the New York Times ran a blockbuster story with this headline: “He Preyed on Men Who Wanted to Be Priests. Then He Became a Cardinal.”

The man at the heart of this story was Cardinal Theodore McCarrick — now ex-cardinal — long one of the most powerful Catholics in America and, some would say, the world. His spectacular fall led to a tsunami of chatter among religion-beat veterans because of decades of rumors about his private affairs, including beach-house sexual harassment and abuse of seminarians. Click here for a Julia Duin post on that.

There was another layer to all of this. McCarrick’s career was rooted in work in the greater New York City area and in Washington, D.C. He was one of the most important media sources among center-left Catholic leaders, so much so that a cluster of reporters linked to him became known as “Team Ted.”

Then came the brutal letters from the Vatican’s former U.S. ambassador, Archbishop Carlo Maria Vigano, claiming that a global network of Catholic powerbrokers — including Pope Francis — had helped hide McCarrick and had profited from his clout and patronage.

In August there was an explosion of news about the release of a hellish seven-decade grand-jury report about abuse in six dioceses in Pennsylvania.

The bottom line: 2018 was a year in which there were major developments in two big clergy sexual abuse scandals in the Catholic world. They were, of course, connected.

There was the old, ongoing story of priests abusing teens and children, starting with headlines in the early 1980s. Then there was the issue of how to discipline bishops, archbishops and even cardinals accused of abuse — a story in which all roads lead to Rome and, these days, Pope Francis.

Which story was more important in 2018? Which story centered on new, global developments? These questions are at the heart of this week’s “Crossroads” podcast. Click here to tune that in.

Our discussion centered on the release of the Religion News Association’s annual list of the Top 10 religion-beat stories — in which the Pennsylvania grand-jury report was No. 1 and McCarrick and Vigano fell near the end of that list.

In my own list, McCarrick and Vigano were No. 1 and the Pennsylvania report was No. 4, in part because 97 percent of its crimes were pre-2002, the year U.S. bishops passed strict anti-abuse policies.

There was another strange — IMHO — twist in this. RNA members selected Episcopal Church Presiding Bishop Michael Curry as Newsmaker of the Year, after his long, progressive sermon at the royal wedding of Prince Harry and Meghan Markle. Oddly, McCarrick’s name was not even included on the ballot.

It helps to see the lists.


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Complex evangelical landscape: But Old Gray Lady listens to the same choir, again

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Whenever I talk to evangelicals — including the infamous “white evangelicals” of 2016 infamy — I am always amazed at the wide variety of viewpoints that I hear about issues linked to politics.

Note that I said “issues linked to politics,” instead of saying “politics” — period.

That’s crucial. For millions of Americans, and not just evangelical Protestants, it’s easier to talk about the details of their faith and their doctrinal beliefs than it is to discuss the horse-race details of party politics. For many, their political choices are too painful to discuss. They are battling to find ways to act on their religious convictions in a hellish political landscape.

When it comes to moral and cultural issues, they know what they believe. When it comes to political realities, they tend to be rather cynical or depressed about their choices.

These complex realities are not, however, what I find when I click into the hallowed digital pages of The New York Times. Consider this recent religion feature that ran with the headline, “Evangelicals, Looking to 2020, Face the Limits of Their Base.” The overture:

WASHINGTON — After Democrats delivered a resounding counterpunch to President Trump at the polls, one of his most reliable voting blocs — social conservatives — now faces the repercussions of its uncompromising support for Mr. Trump’s agenda.

That result is mixed: Social conservatives are celebrating a slightly expanded Republican majority in the Senate, which advances their top priority, confirming conservative judges, as well as their anti-abortion rights agenda. But steep Republican losses in the House, particularly in suburban areas, have some strategists reflecting on how to proceed as they pivot their efforts to re-electing Mr. Trump in 2020.

“Social conservatives need to maximize turnout from the base and expand the map by stressing the softer side of the faith agenda: education reform, immigration and criminal justice reform, and anti-poverty measures,” said Ralph Reed, founder of the Faith and Freedom Coalition, which has extensive outreach to conservative evangelicals in battlegrounds across the country.

Let’s pause for a moment and think about who is speaking, in these framework remarks.

Who is Ralph Reed? If you were describing his stature in the world of modern evangelicalism, would you say that he is a leader among old-school evangelicals or the young-blood networks that represent the future? Is he the rare person who has stature in both camps?

I ask this for a simple reason.


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Let's play 'Spot the religious test' in some big news stories -- on left and the right

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I realize (trigger warning!) that the U.S. Constitution is a rather controversial subject right now, with all the talk about U.S. Senate “majority votes” and tiny little red flyover states getting to have two senators, just like blue powerhouse states on the coasts.

Still, it’s a good thing for journalists in mainstream newsrooms to know a thing or two about this document, especially when covering the religion beat. I’m not just talking about the free press and freedom of religion stuff, either.

Yet another wild story in the White House has raised an issue that, #ALAS, I think we will be seeing more of in the near future. The key issue: Candidates for public service facing “religious tests” served up by their critics.

First things first: Ladies and gentlemen, here is Article 6 of the U.S. Constitution:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

This leads us to several relatively recent news stories that raised questions about “religious tests.”

The key question: Can journalists recognize “religious tests” when they take place on the political left and the right?


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Ballot-box religion ghost for 2018? U.S. Senate races plus Supreme Court heat equals ...

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Ballot-box religion ghost for 2018? U.S. Senate races plus Supreme Court heat equals ...

Surely it says something about the current state of American politics and religion when the organization Democrats For Life sends out a press release celebrating the election of one — count ‘em, one — new pro-life member of the U.S. House of Representatives.

Just a reminder: I have stated many times that I was a pro-life and registered Democrat my whole adult life — until the 2016 White House race. I am now a registered member of a tiny (in America) third party that’s progressive on economic issues and conservative on cultural issues (other than being old-school liberal on the First Amendment).

But back to that release from Democrats For Life, celebrating a win in the rather unique political environment of Utah:

ANOTHER PRO-LIFE DEMOCRAT

A bright spot this election cycle is the election of Ben McAdams in Utah’s 4th Congressional District. Twice elected the mayor of Salt Lake County, McAdams may be the kind of Democrat we need. He has a history of bringing people together to provide solutions.

On his campaign website, he stressed his bipartisan cooperation.

”Ben worked with both sides of the aisle in the Utah Legislature and as Salt Lake County mayor to balance the budget and act on important initiatives. He will continue to work with colleagues in both parties to overcome Washington’s broken politics and put Utah families first. He has proven bringing people together helps to solve tough problems like homelessness and criminal justice reform....”

Meanwhile, a member of an even more endangered political species — a pro-life Democrat incumbent in the U.S. Senate — lost his seat. If you followed the race carefully, it was obvious that Sen. Joe Donnelly had trouble separating himself from those “other” Democrats” during the firestorm surrounding U.S. Supreme Court nominee, and now justice, Brett Kavanaugh.

This brings me to the main theme in this week’s “Crossroads” podcast, which focused on the rare glimpses of religion during the mainstream news coverage of the 2018 Midterm elections. Click here to tune that in, or head over to iTunes to subscribe.


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Here we go again: U.S. Supreme Court gains even more power in America's culture wars?

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The day after election day is, of course, a day for political chatter. Let’s face it: In Twitter America, every day is a day for political chatter.

This doesn’t mean that it’s impossible to see a few religion ghosts in all of this media fog — hints at the religion/politics stories that will soon return to the headlines. Let me start with a few observations, as a Bible Belt guy who just spent his second straight national election night in New York City.

* I didn’t think that it would be possible for the U.S. Supreme Court to play a larger and more divisive role in American political life than it has post-Roe v. Wade. I was wrong. Do you see big, important compromises coming out of the new U.S. House and Senate?

* Maybe you have doubts about the importance of SCOTUS in politics right now. If so, take a look at the U.S. Senate races in which Democrats sought reelection in culturally “red” states. Ask those Democrats about the heat surrounding Supreme Court slots.

* So right now, leaders of the religious left are praying BIG TIME for the health of 85-year-old Justice Ruth Bader Ginsburg and, to a lesser degree, 80-year-old Justice Stephen Breyer. After two battles with cancer, activists inside the Beltway watch Ginsburg’s every move for signs of trouble. What will conservative religious leaders pray for?

* If Ginsburg or Breyer exit, one way or the other, what will be the central issues that will surround hearings for the next nominee? Do we really need to ask that? It will be abortion and religious liberty — again.

* If the next nominee is Judge Amy Coney Barrett (a likely choice with GOP gains in the U.S. Senate), does anyone doubt that her Catholic faith (“The dogma lives loudly in you”) will be at the heart of the media warfare that results?


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Late, but still timely: Complex realities hidden in '81 percent of evangelicals' love Trump myth

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So, did you ever think that American evangelicals would — in terms of their public, mass-media “face” — have an option worse than the Rev. Pat Robertson?

I know, I know. That’s a high bar to clear, or a low one — depending on your point of view.

It seems that lots of journalists — no, not ALL of them — get an idea stuck in their heads every decade or so and they start acting like some vast, complex group of Americans can be accurately represented by one person (Robertson, for example) or even one statistic (81 percent of white evangelicals voted for You Know Who).

Here’s the irony: It’s kind of like what Donald Trump has done with America’s journalists, taking biases and inaccuracies that can be found in a few cases and turning them into a simplistic vision of the whole. Thus, Trump often stomps on the First Amendment-protected role that journalism is supposed to play in American public discourse.

Oh, I do realize that Robertson is still out there, cranking out soundbites (like this).

But that’s really not the topic we covered during this week’s Crossroads podcast (click here to tune that in). The goal was to discuss WHY some journalists seem so anxious to play this game. With that in mind, let’s flash back to a journalism think piece that I wrote in 2005 for the Poynter Institute. The headline: “Excommunicating Pat Robertson.” Here’s the overture:

Let's pretend it is Oct. 1, 2005.

After a long, long September of storms, Hurricane Wilma misses the Keys and veers into the Gulf of Mexico. It heads straight for Louisiana.

After a long, long day in the newsroom, you sit on the couch flipping from one cable news channel to another. Then you see a familiar face in an MSNBC tease and hear, "We'll be back, live, with the Rev. Pat Robertson, who says that this new hurricane is more evidence that God is angry at New Orleans because ..."

Pause for a minute. When you hear these words do you experience (a) an acidic surge of joy because you are 99.9 percent sure that you know what Robertson is going to say, or (b) a sense of sorrow for precisely the same reason?

If you answered (a), then I would bet the moon and the stars that you are someone who doesn't think highly of Christian conservatives and their beliefs. If you answered (b), you are probably one of those Christians.

In other words, we have reached the point where some journalists are happy to see Robertson's face on television screens, because every time he opens his mouth he reinforces their stereotype of a conservative Christian.

Wow. The more things change, the more that they stay the same.

So, GetReligion readers, how do you feel when a news organization hits you with yet another reference to the fact that 81 percent of white evangelicals voted for Donald Trump in the 2016 presidential election?


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Democrats after The Kiss: Did new left let enough 'blue dogs' run in 2018 midterms?

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Democrats after The Kiss: Did new left let enough 'blue dogs' run in 2018 midterms?

So what does the famous Al and Tipper Gore snog-deluxe at the 2000 Democratic National Convention have to do with the upcoming midterm elections in 2018? And what does that question have to do with the Big Bang question that is always lurking in American politics, which is control of the U.S. Supreme Court?

Be patient with me here, because I can see the connections in my mind (and in my own political experience over recent decades). But I’m not sure if I can get them to make sense in 600 words or so. But that’s what I need to do, since these questions are connected to the content of this week’s “Crossroads” podcast. Click here to tune that in.

So let’s start with The Kiss.

Long ago, young Al Gore was one of the heroes of conservative Democrats everywhere — as in “blue dog” Democrats that lean left on populist economic issues and lean right on matters of morality and culture. In other words, Gore was a pro-life Southern Baptist guy when he was in the U.S. House of Representatives and an almost-pro-life guy when he first hit the U.S. Senate.

That made him the kind of Democrat that could get elected over and over in a culturally conservative state — think Bible Belt — like Tennessee. That was good for Democrats. Hold that thought.

But when Gore took his ambitions to the national level, the realities of Democratic Party life made him float over to the liberal side of things on issues such as abortion and the illiberal side of things on issues like religious liberty (I say that as on old-fashioned First Amendment liberal).

In terms of image, however, he made a great New Democrat partner for President Bill Clinton, who once flirted — in politics, that is — with conservative moral stances on a host of issues.

But then Clinton turned into a whole different kind of man in the public eye. To say the least.


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New lede for an old news story: Brett Kavanaugh and the high court's Catholic majority

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The U.S. Supreme Court isn’t only the highest court in the land, its judges have the responsibility to rule on cases that have a lasting impact on American politics, culture and religion. Driving those changes going forward will be a Catholic majority of justices who have become increasingly conservative, shifting the balance of the court for years to come.

The bitter partisan divide over Brett Kavanaugh’s confirmation to the Supreme Court — including weeks of debate over the credibility regarding allegations dating back to the 1980s that he had sexually assaulted a fellow teenager at a party – revealed how polarized politically the country has become since President Trump’s election just two years ago. To conservatives, Kavanaugh is a man smeared with unproven accusations; liberals consider him a danger in the #MeToo age.

Just 20 percent of people in the United States identify as Catholic, a number that is in decline, according to a Pew Research study. As the president has vowed to chip away at abortion rights (legalized in 1973 by the court in the Roe v. Wade decision), it will be conservative Catholics who will be tasked with doing so in the coming years. Aside from Kavanaugh, the Catholics on the Supreme Court include Chief Justice John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch and Sonia Sotomayor. With the exception of Sotomayor, the other four justices are part of the court’s conservative wing. The remaining justices — Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan — are Jewish.

“I do think, however, that the Catholics on the court do fairly represent Catholicism. Roe v. Wade is only one of many issues that are important to Catholics,” said Anne Lofaso, a professor at West Virginia University College of Law. “Indeed, most Catholic abhor abortion. They split on the question whether the government should prohibit others from exercising their right, not so much on whether they would have an abortion. There is a spectrum of issues that Catholics care about ranging from what constitutes marriage, abortion, birth control, poverty, etc. People are not monolithic. We tend to pick and choose what aspects of who we are will be emphasized — hence, the phrase ‘cafeteria Catholic’ … Roberts and Alito represent one end of the spectrum. Sotomayor, a lapsed Catholic, represents another.”   

Some critics have called the current makeup of the Supreme Court a “Catholic boys club” given that they dominate the majority and are male conservatives.


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