Lawsuits

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SCOTUS debates heat up on death penalty, religious liberty: What word is missing here?

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To cut to the chase: I have just returned from a long eye exam (things are OK) and focusing on a computer screen is not going to be easy for several hours.

So let’s make this a quick post. OK?

What we have here is your basic Washington Post law-and-politics story, one running under the headline: “Last-minute execution decisions expose wide and bitter rift at Supreme Court.”

The death penalty is, of course, a hot-button issue linked to debates involving religion and morality, as well as political and legal realities. Here is the opening of this report:

The Supreme Court meets in private to decide last-minute pleas from death-row inmates to stop their executions, and what happens behind the maroon velvet curtains often stays behind the maroon velvet curtains.

But that changed Monday, with justices issuing a flurry of explanations and recriminations on cases decided weeks ago. The writings named names and exposed a bitter rift among members of the court on one of the most emotional and irreversible decisions they make.

Decisions on last-minute stays usually come with only a minimum of reasoning. But three justices issued a set-the-record-straight opinion that took aim at one of Justice Stephen G. Breyer’s dissents from a month ago. Breyer had said that the court’s conservatives deviated from “basic principles of fairness” in refusing to take more time to consider the plea of an Alabama murderer, Christopher Lee Price, who had asked to be executed by inhaling nitrogen gas rather than risk a “botched” lethal injection.

“There is nothing of substance to these assertions,” wrote Justice Clarence Thomas, joined by Justices Samuel A. Alito Jr. and Neil M. Gorsuch. They said that Breyer’s reasoning, which was joined by the court’s three other liberals, “does not withstand even minimal legal scrutiny.”

Now, since my eyes are under the weather, let’s let GetReligion readers look through this story through a media-criticism lens.

This story contains a lot of religion, since the court cases here involve Buddhist and Muslim prisoners and their First Amendment rights. Think religious liberty issues, without the “scare quotes.”


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No First Amendment? In Canada, calling a trans woman a 'biological' man is hate speech

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Whenever I’m looking for news about religion that’s beyond weird, I only have to look north across the border to the latest oddity happening in western Canada.

Canada doesn’t have freedom of speech in the same way we enjoy it down here. Its constitution gives its citizens the right to free speech with “reasonable limits” and its Human Rights Act prohibits the “communication of hate messages.”

And so, if you call a trans woman up there a “biological male,” that can be construed as hate speech, which is what led to a Christian activist getting fine $55,000. We’ll start with what the Toronto Star wrote last week about all this:

VANCOUVER—A Vancouver human-rights tribunal has ruled there’s no room for public debate about whether transgender people are who they say they are.

Well-known trans advocate Morgane Oger filed the complaint against Christian activist Bill Whatcott after he distributed flyers disparaging her for being a trans woman…

The flyers Whatcott distributed described Oger as a “biological male” and a “transvestite” who is “embracing transgender propaganda and trying to live a lie.” They referenced Oger’s pre-transition name alongside a photo of her before she transitioned.

The flyers were distributed in the Vancouver-False Creek riding in 2017 when Oger was running for office with the B.C. NDP.

Oger’s human-rights complaint said the flyers were discriminatory and hateful. Whatcott denied the allegations, asserting that his freedom of speech and religion entitled him to publish his views on Oger…

Oger said she is relieved by the decision but is also feeling emotionally drained, having just read through the decision before speaking with the Star.

“I am really so happy, that in a tribunal, using the law, we finally put it down that someone publishing hateful material that says that a transgender woman is a man, got in trouble,” she said.

Now think about that. Is it hateful to merely say a trans woman is a bio male? The Toronto Star and the Vancouver Star seem to be interchangeable, by the way and the same reporter who wrote the above story also wrote this thinly disguised editorial celebrating the end of “transphobia.” There is not a contrary view to be found anywhere in it.

But hey, who needs objectivity above the 49th parallel? And what exactly did Whatcott say? I had to go to the (Vancouver) CityNews to find out:


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Big trend piece to consider: Could the Catholic church in New York file for bankruptcy?

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The 2005 Pulitzer Prize-winning (and Tony Award-winning) play Doubt: A Parable is a fictional account that pits a progressive priest against a conservative nun. The plot involves allegations of sex abuse and a nun’s belief that he has engaged in some improper behavior after summoning the boy alone to the rectory. With no actual proof that Father Brendan Flynn is guilty of any crime, the priest’s fate is sealed and the audience is left with its own doubt about what may or may not have happened.

It was Mark Twain who famously said, “Truth is stranger than fiction.” In the case of the Catholic church these days, the takeaway from Doubt is something that can also be applied to the case of Australian Cardinal George Pell and New York’s recently-passed Child Victims Act. How are the two related? It’s something that could very well become a major story starting this summer.

Let’s start with Pell. As Julia Duin noted in this space, Pell was convicted in an Australian courtroom on charges he sexually abused two male altar boys about 20 years ago when he was archbishop of Melbourne on several occasions following Sunday Mass.

Pell’s lawyers argued their client had been surrounded by other clergy after Mass and that the sexual acts he’s accused of performing would have been impossible considering the complex layers of liturgical vestments he would have been wearing. Guilty verdict aside, the case was made even crazier when in December the judge issued a gag order — a blanket ban that said details of the trial could not be published — out of concern it could influence the jury in a second trial awaiting Pell. It was largely ignored, especially by news organizations outside Australia.

Whether Pell was found guilty because of anti-Catholic bias is one theory, but the overall takeaway here — editors and reporters take note — is that this case may serve as a bellwether of more to come.

Even in New York? In January, the New York state legislature and Gov. Andrew Cuomo, when not busy passing a law making it easier for abortions to take place in the third trimester, signed the Child Victims Act.

Under the new law, victims who survived sex abuse will be able to file civil lawsuits against abusers and institutions until they are 55 years old. The current law permits victims to sue until they are 23. The sticking point — and one the Catholic church had been fighting against for years — is a “look-back window” for victims who were previously prohibited by the statute of limitations to sue during a one-year period. This is where the Pell issue and “recovering memories” (which sometimes can trigger false memories) comes into play.


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Is Cardinal Pell a perpetrator or victim? Aussie media keep wavering between the two

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Ever since Australia’s Cardinal George Pell was convicted of child abuse, the journalism folks Down Under have been split on if he’s actually guilty or whether he’s the target of a vicious anti-Catholic campaign.

Reaction to his conviction and jailing (the sentencing isn’t until March 13), has rippled across the Pacific, prompting Ethics and Public Policy scholar George Weigel (writing at First Things) to call the Pell affair “our Dreyfus case.”

(Capt. Alfred Dreyfus was a French Jew and a military man who was wrongly pilloried and imprisoned in 1894 on charges of selling secrets to the Germans. He was declared innocent in 1906, but the matter was considered as barbaric anti-Semitism on the part of the French. The conflict tore at the heart of French society.)

I’ll get back to Weigel in a moment but first I want to quote from a piece BBC recently ran on all this.

Cardinal George Pell is awaiting sentencing for sexually abusing two boys in 1996. The verdict, which he is appealing against, has stunned and divided Australia in the past week.

It has sparked strong reactions from the cardinal's most prominent supporters, some of whom have cast doubt on his conviction in a wider attack on Australia's legal system.

The largely conservative backlash features some of Australia's most prominent media figures, a university vice-chancellor and a leading Jesuit academic, among others.

Former prime ministers John Howard and Tony Abbott also continue to maintain their public support for the ex-Vatican treasurer.

The reporter then reports on her visit to St. Mary’s Cathedral in downtown Sydney where the parishioners predictably claimed that Pell is innocent. The reporter then interviews another journalist who has an obvious vested interest in Pell (notice the book title) being guilty.

Such stances have caused profound hurt to survivors, says ABC journalist Louise Milligan, author of the book Cardinal: The Rise and Fall of George Pell.

"I've been contacted by many, many Australian Catholics who are devastated by the way the Church is handling this issue," Milligan told the BBC.

"They are also greatly upset that political leaders continue to side with a convicted paedophile — and that is what Pell is, a convicted paedophile — over his vulnerable victim and the grieving family of his other victim." (One victim died of a drug overdose in 2014.)

The article then swings back to Pell’s defense.


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Another Masterpiece Cakeshop chapter closes, with a bland AP report that skips hot details

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It’s another day and we have yet another chapter closing in the First Amendment drama of Jack Phillips and his Masterpiece Cakeshop.

Is this the last chapter?

That’s hard to tell. It’s especially hard to tell in the bland Associated Press report that is being published by many mainstream newsrooms. While the story does mention that Phillips has won another partial victory, it misses several crucial details that point to the anger and animus that has been driving this case all along and could keep it going.

“Animus” against Phillips and his traditional Christian faith was, of course, at the heart of the U.S. Supreme Court’s sort-of decision on this matter, but, well, never mind. Why cover that part of the story?

So here is the latest from AP:

DENVER (AP) — A Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stance partially upheld by the U.S. Supreme Court — and state officials said Tuesday that they would end a separate legal fight over his refusal to bake a cake celebrating a gender transition.

Colorado Attorney General Phil Weiser and attorneys representing Jack Phillips said they mutually agreed to end two legal actions, including a federal lawsuit Phillips filed accusing the state of waging a “crusade to crush” him by pursuing a civil rights complaint over the gender transition cake.

Phillips’ attorneys dubbed the agreement a victory for the baker. Weiser, a Democrat, said both sides “agreed it was not in anyone’s best interest to move forward with these cases.”

So what about the future? Here is what readers are told:

The agreement resolves every ongoing legal dispute between the owner of Masterpiece Cakeshop in suburban Denver and the state. Weiser’s statement said it has no effect on the ability of the Denver attorney who filed a complaint with the Colorado Civil Rights Commission to pursue her own legal action.

The attorney, Autumn Scardina, told the commission that Phillips refused last year to make a cake that was blue on the outside and pink on the inside for a celebration of her transition from male to female. She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips’ appeal of a previous commission ruling against him.

The lede for this story, as is the mainstream news norm, fails to note the key facts that were at the heart of the original case.


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Covington Catholic update: Was that epic late-Friday Washington Post correction a good move?

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If you’ve ever worked as a journalist in Washington, D.C., you know that things often go crazy right about 5 p.m. on Fridays.

It’s the end of the work week. Most of the power brokers have headed for home, their home back in their home district (or state) or that special weekend home where they relax in private. They have turned off their “official” cellphones or left them at the office. Many of their gatekeepers — the folks who negotiate media contacts — have flown the coop, as well.

In newsrooms, the ranks are pretty thin, as well.

Professionals inside the Beltway knows that this dead zone is when savvy press officers put out the news that they hope doesn’t end up in the news. This tactic worked better before Twitter and the Internet.

Thus, the Washington Post posted an interesting editor’s note or correction at the end of the business day this past Friday linked to one of the biggest religion stories of the year — the March for Life drama featuring that group of boys from Covington Catholic High School, Native American drummer-activists and amped-up protesters from the Black Hebrew Israelites (click here for various GetReligion posts on this topic).

It appears that Mollie “GetReligionista emerita” Hemingway was either the first pundit or among the very first to spot this interesting Friday dead-zone PR move by the Post.

If you travel back in time, here is the lede on one of the key “Acts of Faith” pieces about this controversy:

A viral video of a group of Kentucky teens in “Make America Great Again” hats taunting a Native American veteran on Friday has heaped fuel on a long-running, intense argument among abortion opponents as to whether the close affiliation of many antiabortion leaders with President Trump since he took office has led to moral decay that harms the movement.


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Cardinal Pell story is an extremely tangled web, but readers need alternative media to know that

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I hadn’t been following the child abuse charges against Australian Cardinal Pell all that much because I assumed, based on the evidence, that they were somewhat plimsy and would never stick.

But they did — in a series of trials that are as odd as they come. At the heart of the proceedings there was a single witness and what appeared to be “recovered memories” of abuse.

The end result? A cardinal is now in jail and a bunch of journalists have been handed the Aussie equivalent of contempt-of-court charges.

This is a complex story that I’ll do my best to break down, starting with what CruxNow ran in December:

NEW YORK — In a decision that will undoubtedly create shockwaves around the globe, Cardinal George Pell, the most senior Church official to stand trial for sexual abuse, was found guilty on Tuesday by a Melbourne court.

In one of the most closely watched trials in modern Catholic Church history, after nearly four full days of deliberations, a jury rendered unanimous guilty verdicts on five charges related to the abuse of two choirboys in 1996.

The trial, which began on November 7, has been subject to a media blackout at the request of the prosecution, and follows a first trial in September ended after a jury failed to reach consensus.

Pell, who is 77 years old, is currently on a leave of absence from his post as the Vatican’s Secretary for the Economy.

In June 2017, Pell was charged by Australian police with “historical sexual assault offences,” forcing him to leave Rome and return home vowing to “clear his name.”

Technically, CruxNow wasn’t supposed to run that story because of this media blackout, aka a suppression order, that media around the world were supposed to follow. Of course, lots of news sources outside of Australia’s borders refused to go along.

The charges concern a claim that Pell sexually abused two male altar boys about 20 years ago when he was archbishop of Melbourne and that he did so on several occasions following Sunday Mass.

His lawyers have said that Pell was constantly surrounded by other clergy after Mass and there’s not a chance he could have gotten alone with some altar boys. Also, the sexual acts he’s accused of performing are impossible considering the voluminous, complex layers of liturgical vestments he would have been wearing — vestments that require the help of a second cleric to put on and remove.


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The 'Uncle Ted' McCarrick saga continues: A second priest spills all to the Washington Post

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The second shoe dropped Saturday when the Washington Post came out with the on-the-record account of another priest who’d been sexually abused by former Cardinal Theodore McCarrick.

By “shoes,” I mean the three former New Jersey priests who filed lawsuits against the Catholic Church or one of its dioceses regarding McCarrick. The first ‘shoe’ was Robert Ciolek, who went public early on in this saga. The other two were refusing to talk until now.

When reading this story, let’s keep the big picture in mind. The key questions remain: Who moved McCarrick higher and higher in the church, while reports circulated about his private affairs? Who protected him later? Who benefited from his favors?

Now, back to the new chapter in this story:

Less than a week after Theodore McCarrick became the first cardinal ever defrocked, a New Jersey priest has for the first time agreed to be interviewed about his accusations that McCarrick sexually abused him in the 1990s and the effect the alleged abuse has had on his life and career.

In exclusive interviews with the Post, the Rev. Lauro Sedlmayer said the interactions with McCarrick, who was then his archbishop, in Newark, set off a downward spiral that severely damaged his psyche and career. Now 61, the priest says he told three bishops but nothing was done.

Note the crucial detail: Bishops were informed about this and nothing happened.

The Post folks have known about this guy since last summer. I wrote about that here, but it’s taken eight months for this guy to go on the record. Better late than never.

The Brazilian-born Sedlmayer has been in a tense stand-off with his superiors for a decade, with both sides filing lawsuits and accusations of sexual and financial impropriety on each side.

Sedlmayer says much of his troubles began with what he recently described in written testimony to Vatican officials investigating McCarrick as “sexual battery.”


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The 'Catholic Church' destroyed files about abuse cases. OK, who did this? Where? Everywhere?

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We have some real, live news coming out of the Vatican conference that is focusing on clergy sexual abuse of “children,” and maybe a few other kinds of victims.

It’s big news. But one or two of the most important facts in this story are still missing.

Looking at the coverage, it would appear that these holes are probably not the result of bad or shallow reporting. The holes may be intentional, in terms of a German cardinal’s remarks that were stunning, but also rather vague.

Let’s look at the top of a report in the National Catholic Reporter, which — as I typed this post at mid-day — had the most information in it. You can see the big hole right in the headline: "

Cardinal admits to Vatican summit that Catholic Church destroyed abuse files.

What, precisely, is the “Catholic Church”?

I realize that the Church of Rome is one church, with one leader in the Chair of St. Peter, but — at the level of administration and the supervision of priests — it is actually a complex network of ecclesiastic bureaucracies at the local, national and global levels. Let’s look at the overture in that story. This is long, but essential as journalists look forward:

VATICAN CITY — A top cardinal has admitted that the global Catholic Church destroyed files to prevent documentation of decades of sexual abuse of children, telling the prelates attending Pope Francis' clergy abuse summit Feb. 23 that such maladministration led "in no small measure" to more children being harmed.

In a frank speech to the 190 cardinals, bishops and heads of religious orders taking part in the four-day summit, German Cardinal Reinhard Marx said the church's administration had left victims' rights "trampled underfoot" and "made it impossible" for the worldwide institution to fulfill its mission.

"Files that could have documented the terrible deeds and named those responsible were destroyed, or not even created," said Marx, beginning a list of a number of practices that survivors have documented for years but church officials have long kept under secret.


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