303 Creative

Podcast: Journalists need to ask if Colorado has 'good' and 'bad' religious preschools

Podcast: Journalists need to ask if Colorado has 'good' and 'bad' religious preschools

I was never a Ronald Reagan fan, but — let’s face it — he would have to rank No. 1 among American politicians when it comes to having the “gift of gab.”

Thus, with a tip of the hat to the Gipper, let me make this observation: You know that there are church-state experts — on the new illiberal side (cheering) and on the old-liberal side (groaning) — who are watching recent events in Colorado and saying, “There you go again.”

This brings us to this long, long, wordy headline from The Denver Post that served as the hook for this week’s “Crossroads” podcast (CLICK HERE to tune that in). Read this one carefully:

Denver Archdiocese sues Colorado over right to exclude LGBTQ people from universal preschool

State’s non-discrimination requirements “directly conflict with St. Mary’s, St. Bernadette’s, and the Archdiocese’s religious beliefs,” the lawsuit says.

The Post team has, naturally, framed this case in precisely the manner chosen by Colorado officials, while paying as little attention as possible to recent decisions made by the (#triggerwarning) U.S. Supreme Court.

In particular, journalists may want to look at that recent decision —  Carson v. Makin. The key: The high court addressed the state of Maine’s attempts to give public funds to parents who sent their children to secular or religiously progressive PRIVATE schools, but not to parents who picked private schools that support centuries of Christian doctrines on marriage and sex (and other hot-button topics, such as salvation, heaven and hell).

Now, back to the Denver Post:

The Denver Catholic Archdiocese along with two of its parishes is suing the state alleging their First Amendment rights are violated because their desire to exclude LGBTQ parents, staff and kids from Archdiocesan preschools keeps them from participating in Colorado’s new universal preschool program.

The program is intended to provide every child 15 hours per week of state-funded preschool in the year before they are eligible for kindergarten. To be eligible, though, schools must meet the state’s non-discrimination requirements.


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Washington Post fires distress rockets about another religious liberty vs. LGBTQ+ case

Washington Post fires distress rockets about another religious liberty vs. LGBTQ+ case

Yes, here we go again. The first time I read through this Washington Post story — “Firing of gay Catholic school teacher could test latest Supreme Court ruling” — I thought it was another botched mainstream press story about a case in which a doctrinally defined academic community (in this case a Catholic school) fired a teacher who could not affirm the school’s doctrines (think Catholic Catechism).

That’s part of what is happening here. Once again, the journalists involved in reporting and editing this story failed to mention whether the school did or did not require teachers, staff and students to sign a covenant in which they affirmed Catholic teachings or, at the very least, agreed not to take public actions that rejected them.

That’s a classic “ministerial exception” case. The key issue is whether administrators have clearly stated the role that a doctrinal covenant plays in the life of their school. Hold that thought.

But this story has another goal — which is to fire distress rockets that the U.S. Supreme Court’s recent 303 Creative decision could strengthen the case of religious school leaders that want to employ faculty members and staff who affirm the teachings of their faith. The key word here is “bolster,” as in this secondary definition: “support or strengthen; prop up.” Look for that in the Post overture:

When Lonnie Billard announced on Facebook in October 2014 that he was engaged to his partner of 14 years, he knew not everyone in his social circles would celebrate the news. Same-sex marriage had only been legal in his home state of North Carolina for two weeks.

“If you don’t agree with this,” he wrote, “keep it to yourself.”

He received only congratulations in reply. But two months later, while the substitute teacher and his fiancé were celebrating Christmas with one of his colleagues at Charlotte Catholic High School, Billard mentioned that he hadn’t heard from the school about filling in during her post-holiday vacation.

That’s when Billard learned he was no longer being employed by the Catholic school because he was marrying a man. Billard sued the school for sex discrimination and won in 2021. That decision is being challenged by a nonprofit firm involved in multiple high-profile fights on behalf of religious conservatives, which says last month’s U.S. Supreme Court decision in favor of a web designer who did not want to work for gay couples bolsters its case.

In other words, the 303 Creative case might strengthen the already established First Amendment right of doctrinally defined religious institutions — think voluntary associations and private schools — to hire and fire personnel based on doctrinal standards. That would be bad. There is no need for the Post to consider how these First Amendment cases would defend the rights of progressive believers.


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Podcast: Can journalists imagine 'mirror' cases in which 303 Creative protects liberals?

Podcast: Can journalists imagine 'mirror' cases in which 303 Creative protects liberals?

If you follow Robert P. George in social media, you probably know several things about this legal scholar.

(1) He is a political philosopher and professor of jurisprudence at Princeton University.

(2) George is a doctrinally conservative Roman Catholic.

(3) He is a skilled Americana musician (think folk, gospel and bluegrass) who plays the banjo and a 12-fret acoustic guitar (I’m a big fan of the latter).

(4) In the public square, he is relentlessly irenic, seeking ways to view issues through the lens of those with whom he disagrees. This approach has been demonstrated during years of joyful and informative pro-tolerance dialogues with his close friend Cornel West, a liberal’s liberal known for decades of provocative classroom work at Princeton, Harvard and Union Seminary.

From a GetReligion point of view, it’s also important that — based at Princeton — George lives right on the edge of what could be called the Archdiocese of The New York Times and he pays close attention to mainstream news coverage of religion and public life.

This is why George played a key role in this week’s “Crossroads” podcast (click here to tune that in), which was a follow-up to my recent post with this headline: “After 303 Creative: Can readers find Twitter voices (hello David French) that help us think?”

After the latest wave of U.S. Supreme Court decisions, George posted a Mirror of Justice commentary in which he noted that Times editors seemed remarkable unaware of the actual contents of the majority opinions. The headline on the Gray Lady’s initial 303 Creative story was, in GetReligion terms, a classic: “Web Designer Wins Right to Turn Away Gay People.

The problem was that Justice Neil Gorsuch — author of the court’s landmark Bostock decision (.pdf here) backing trans rights — said the opposite of that in his 303 Creative majority opinion (.pdf here).


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Covering the 303 Creative decision: Why do reporters keep ignoring the fine print?

Covering the 303 Creative decision: Why do reporters keep ignoring the fine print?

Judging from the recent coverage on the US Supreme Court’s decision on 303 Creative v. Elenis, you’d think that a pogrom against LGBTQ Americans is in process.

Many of the headlines came out and said that SCOTUS was allowing businesses to turn away gay customers, period. That’s false and that’s clear in the majority opinion. The truth was that you cannot compel people to create and deliver a message demanded by these customers if you don’t agree with that message (in this case for reasons of religious doctrine and practice).

I’ll start with the Denver Post, in whose backyard the whole case developed.

First, a note to the Post editors: Underneath the headline (“Colorado wedding website designer can refuse gay customers, U.S. Supreme Court rules”) the subhead spells Justice Neil Gorsuch’s name wrong. Being that Gorsuch, the writer of the opinion, is very well known by locals — as he was a longtime Colorado resident before ascending to the high court — the Post might want to correct that.

The First Amendment allows a Colorado graphic designer to refuse to make wedding websites for same-sex couples, the U.S. Supreme Court ruled Friday in a decision that could have a sweeping nationwide impact.

The high court ruled for Littleton graphic artist Lorie Smith, who said her Christian faith prevents her from creating wedding websites for same-sex couples. Smith, who runs the business 303 Creative, wanted to make wedding websites only for straight couples.

I skimmed the article and didn’t see anything about religious beliefs being the reason behind Smith’s decision until well into the piece.

Also, note that — once again, we’re talking about the printed content of the majority decision — declining to do same-sex wedding content is not the same thing as the ability to refuse customers, period.

She challenged Colorado’s public accommodation law, which says that if she offers wedding websites to the public, she must provide them to all customers. Businesses that violate the law can be fined, among other penalties.


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After 303 Creative: Can readers find Twitter voices (hello David French) that help us think?

After 303 Creative: Can readers find Twitter voices (hello David French) that help us think?

It’s been a scary couple of days for post-liberals in America, with two major Supreme Court decisions (one of them unanimous) defending old-liberal concepts of religious liberty and free speech.

When the 303 Creative LLC decision hit the headlines (click here to read the majority opinion), I did something that’s quite rare in my household — I turned on the television and tried to watch mainstream cable-TV news.

Let’s face it: I struggle to understand why we have journalists who want the state to have the power to compel speech (intellectual content in general) in the work of writers, artists, video professionals, etc. But this post isn’t about the content of the news coverage of these decisions.

No, this is a post that I was requested to write after a recent luncheon with clergy, students, faculty and others at the Overby Center at Ole Miss. We kept coming back to a crucial question for news consumers: How do we find a compelling mix of news and commentary — representing different points of view — in an age in which most newsrooms embrace business models in which they tell paying customers exactly what they want to hear?

Here is another way of stating that: How do we find news and commentary that helps us understand the views of people what we need to respect (or at the very least truly tolerate), even when we disagree with them?

This led me to Twitter. I told folks that, when the 303 Creative decision was released, they needed to read whatever First Amendment specialist David French wrote about it. Why? Because I was convinced that he would find a way to parse the opinions and offer insights that made people on both sides of the decision very uncomfortable.

This is, frankly, why I have followed his work for several decades. This is why he is on a short list of people that I follow on Twitter when digging into major news trends and events. Hold that thought, because I will share my current version of that list at the end of this post.

But back to French and the headline on his New York Times column about this SCOTUS decision: “How Christians and Drag Queens Are Defending the First Amendment.”

Told ya.


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What's up in 2023? The Guy offers a first draft of a religion-beat agenda

What's up in 2023? The Guy offers a first draft of a religion-beat agenda

The new year could be climactic for two aspects of LGBTQ issues, first, the rights of religious and conservative dissenters within liberalized western culture, and second, the ongoing conflicts within church groups.

What should journalists be prepared to cover?

By June, the U.S. Supreme Court will decide the 303 Creative case, in which a website designer — based on First Amendment claims — seeks exemption from Colorado’s anti-discrimination law to avoid work on postings that celebrate same-sex weddings (background here). The Court might broadly define what rights various forms of religious traditionalists have in a host of legal conflicts facing e.g. U.S. religious colleges, social-service agencies and individual businesses now that same-sex marriage is legalized.

Inside a specific religion brand, this could be a pivotal year for the global Anglican Communion with its 46 national branches and some 85 million baptized members. A mid-January meeting of bishops in the “mother” Church of England may well decide dioceses can permit same-sex weddings. That historic change would then need approval from clergy and lay delegates at the February 6–9 General Synod.

Such a move would add explosive potential to the April 17-21 meeting in Kigali, Rwanda, of the Global Fellowship of Confessing Anglicans (“GAFCON”), long vexed by liberal moves in England, the United States and elsewhere in declining First World churches. GAFCON unites the heads of 10 Anglican branches, three of which alone (Kenya, Nigeria, Uganda) encompass half the world’s Anglicans. GAFCON’s chairman, Archbishop Foley Beach (admin@anglicanchurch.net and 724-266-9400), heads a church of conservatives who’ve left the U.S. Episcopal Church and Anglican Church of Canada.

Already, key archbishops have boycotted global Anglican confabs, continuing a slow-motion breakup that began decades ago. Will the maneuvers in England and elsewhere provoke a huge, definitive break from the London-based Anglican Communion by churches in GAFCON and the related Global South Fellowship of Anglican Churches?

The United Methodist Church could be on the brink of the biggest U.S. Protestant split since the Civil War. That’s a huge story at the local, regional, national and global levels.


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Plug-In: Religious liberty vs. gay rights -- LGBTQ debates escalate around the world

Plug-In: Religious liberty vs. gay rights -- LGBTQ debates escalate around the world

The latest clash of religious liberty versus gay rights at the U.S. Supreme Court.

Friction over LGBTQ issues in traditional faiths around the world, from the global Anglican Communion to the vast Muslim world.

Final congressional passage of a bill to protect same-sex marriage rights.

No doubt, there’s a common theme to some of this past week’s top headlines.

At The Associated Press, Jessica Gresko and Mark Sherman report:

The Supreme Court’s conservative majority sounded sympathetic Monday to a Christian graphic artist who objects to designing wedding websites for gay couples, the latest collision of religion and gay rights to land at the high court.

The designer and her supporters say that ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their beliefs. Her opponents, meanwhile, say that if she wins, a range of businesses will be able to discriminate, refusing to serve Black, Jewish or Muslim customers, interracial or interfaith couples or immigrants.

Meanwhile, AP’s global religion team partners with its Lilly Endowment grant partners — Religion News Service and The Conversation — to examine LGBTQ belief and belonging around the world.

Among the specific stories:

Friction over LGBTQ issues worsens in global Anglican church (by AP’s Chinedu Asadu and David Crary and RNS’ Catherine Pepinster)

Across vast Muslim world, LGBTQ people remain marginalized (by AP’s Edna Tarigan, Mariam Fam and David Crary)

LGBTQ students wrestle with tensions at Christian colleges (by AP’s Giovanna Dell’Orto and RNS’ Yonat Shimron)


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News coverage of LGBTQ issues enters mop-up phase in the religion marketplace

News coverage of LGBTQ issues enters mop-up phase in the religion marketplace

It has been a big week for the ongoing LGBTQ+ story. Even as the U.S. Supreme Court heard oral arguments in a case about how much to tolerate personal dissent against same-sex marriage, the U.S. House, the House this morning passed nationwide codification of the gay marriage right that the Court enacted by 5-4 in the 2015 Obergefell ruling.

The new law effectively concludes phase one in the unusually rapid upending of a central societal structure dating from antiquity. The next few years, the media will be covering the mop-up phase facing religious groups and individuals that uphold traditional teachings about marriage, over against anti-discrimination assertions by government, Hollywood, corporate America and private actors.

The current Supreme Court case (303 Creative LLC v. Elenis, docket #21-476) involves a Colorado website designer who does not create pages that celebrate same-sex weddings — though she serves gay customers otherwise. Her free-speech claim is opposed by, for example, Reform Judaism, many liberal Protestants and other social liberals.

Observers figure that the Court, with a more traditionalist makeup than in 2015, will back this designer’s plea and ultimately look kindly upon further religious claims under the Bill of Rights. If so, the future conflict may focus on the Carborundum tactic as the LGBTQ+ movement grinds down conservatives’ energy, time and money in long-running legal maneuvers, meanwhile building cultural pressure to marginalize conscientious objectors as simple bigots.

An opinion-page complaint against religion’s “encroachment” upon society, posted by NBC News and written by Stanford University journal editor Marcie Bianco, neatly encapsulates where this culture war appears to be heading. This is the voice from the cultural left:

Dig a bit deeper, and what this act really represents is the inflexibility of our nation’s institutions and the national entrenchment — despite constitutional assurances to the contrary — of religion.


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This time, will U.S. Supreme Court finally clarify rights of same-sex marriage dissenters?

This time, will U.S. Supreme Court finally clarify rights of same-sex marriage dissenters?

The U.S. Supreme Court’s 2021-2022 term produced biggies on abortion, religious freedom and the separation of church and state. The term that opens October 3 will bring another blockbuster — if the high court finally settles the unending clashes over LGBTQ+ rights versus religious rights.

Newsroom professionals will want to watch for the date set for the oral arguments in 303 Creative v. Elenis (Docket #21-476).

In this six-year dispute, graphic designer Lorie Smith is suing Colorado officials over the state’s anti-discrimination law, seeking to win the right to refuse requests to design websites that celebrate same-sex marriages, which she opposes, based on the teachings of her faith. She does not reject other work requests from LGBQ+ customers.

As currently framed, the case involves Smith’s freedom of speech rather than the First Amendment Constitutional right to “free exercise” of religion. The U.S. Supreme Court sidestepped the religious rights problem in 2018 (click here for tmatt commentary) when it overturned Colorado’s prosecution of wedding cake baker Jack Phillips (who is still enmeshed in a similar case per this from the firm that also represents Smith). Nor did the high court rule on religious freedom aspects when it legalized same-sex marriage in the 2015 Obergefell decision.

Last month, the Biden Administration entered 303 Creative (.pdf here) on the side of Colorado and LGBTQ+ interest groups. Essentially, the Department of Justice argues that as enforced in Colorado or elsewhere, “traditional public accommodations laws ... burden no more speech than necessary to further substantial government interests — indeed, compelling interests of the highest order.”

Smith has support from 16 Republican-led state governments and 58 members of Congress, while 21 Democratic states and 137 Congress members take the opposite stance alongside e.g. the American Bar Association.

The issue will face the U.S. Senate after the November elections as Democrats try to “codify” Obergefell into federal law but for passage may need to accept a Republican religious-freedom amendment. The Equality Act, which won unanimous support from House Democrats but is stalled in the Senate, would explicitly ban reliance on federal religious-freedom law in discrimination cases, include crucial laws passed by a broad left-right coalition during the Bill Clinton administration.


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