Obergefell

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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Podcast: Big Sexual Revolution victory in New York! Where's the elite news coverage?

Podcast: Big Sexual Revolution victory in New York! Where's the elite news coverage?

I think I heard this D.C. Beltway question for the first time during the George W. Bush years, when I moved back to greater Baltimore and began teaching full-time at the Washington Journalism Center. It was a time of high expectations for cultural conservatives. As is usually the case, they faced disappointment when wins by the cultural left continued, even though W. Bush was “in power.”

The question: What happens to culturally conservative Republicans when they get elected to, oh, the U.S. Senate and then immediately start losing their nerve?

I heard an interesting answer during an off-the-record chat session with some Senate staffers. It helps to remember that this was back in the day when many people still had radios in their cars that had button systems that allowed them a limited number of pre-set stations they could quickly punch while driving.

The answer: There are two kinds of Republicans inside the Beltway — those who have NPR as the first button on their car radios and those who do not.

Unpacking that answer was crucial to this week’s “Crossroads” podcast (CLICK HERE to tune that in), which focused on media coverage, or the lack thereof, about a recent court ruling in an important LGBTQ rights case in New York.

Ah, but was this a case that LGBTQ-rights activists and Sexual Revolution evangelists wanted to see publicized? That’s one of the questions that host Todd Wilken and I discussed.

We will work our way back to the NPR symbolism angle. But first, here is some key material from the top of a New York Post report that ran with this headline: “NYC judge rules polyamorous unions entitled to same legal protections as 2-person relationships.” This is long, but important. First, there is this:

In the case of West 49th St., LLC v. O’Neill, New York Civil Court Judge Karen May Bacdayan reportedly concluded that polyamorous relationships are entitled to the same sort of legal protection given to two-person relationships.


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Justice Amy Coney Barrett could soon prove crucial on legal fights over religious vs. LGBTQ rights 

Senators, other pols and the news media are agog this week over the impact a Supreme Court Justice Amy Coney Barrett, age 48, might have on abortion law long-term and -- immediately -- disputes over the election results and a challenge to Obamacare that comes up for oral arguments November 10.

But reporters on the politics, law or religion beats shouldn't ignore Barrett's potential impact on the continual struggles between religious freedom claims under the Bill of Rights versus LGBTQ rights the Court established in its 2015 Obergefell ruling that legalized same-sex marriage. Oral arguments in a crucial test case, Fulton v. City of Philadelphia [19-123], will occur the day after Election Day — when journalists will be preoccupied with furious tabulation of absentee ballots.

At issue is whether Philadelphia violated Constitutional religious freedom in 2018 by halting the longstanding work of Catholic Social Services in the city's foster care system because church teaching doesn't allow placement of children with same-sex couples.

Such disputes first won media attention when Massachusetts legalized gay marriage and in 2006 shut down the adoption service of Boston Catholic Charities. which did not place children with same-sex couples. A prescient 2006 Weekly Standard piece by marriage traditionalist Maggie Gallagher explored the broader implications for religious agencies and colleges in free speech, freedom of association, employment law and tax exemption.

The Becket Fund, which represents the Fulton plaintiffs, produced this useful 2008 anthology covering all sides on these issues.

On October 5, the legal jousting heated up when Justice Clarence Thomas, joined by Justice Samuel Alito, issued a protest found within this memo (.pdf here).They dissented on Obergefell, but their chief concern now is that the court's ambiguity "continues to have ruinous consequences for religious liberty" that only SCOTUS itself can and must now remedy. A two-line Slate.com. headline typified reactions of the cultural Left:

Two Supreme Court Justices Just Put Marriage Equality on the Chopping Block

LGBT rights were already in jeopardy. If Amy Coney Barrett gets confirmed, they're likely doomed


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Democrats embrace the Nones: Religious scenarios for the big 2020 vote are taking shape

OK. America is months away from March 3, when primaries in California and 14 other states may well fix the final shape of the Democrats’ presidential contest and whether it might grind away until the July convention.

But the 2020 campaign is already fully launched and running red hot, so let’s scan some scenarios for political reporters who are watching religion and religion reporters who are watching politics.

The one novel angle this round is Pete Buttigieg’s pitch to inspire voters who are liberal in both religion and politics to at last get organized for victory. The Guy suspects he’s more likely to move up from the second tier and snag the nomination than that such a New Religious Left will deliver the goods in ballot boxes. Still, Mayor Pete’s prospects are newsworthy because he’s out to scramble the religious dynamics of the past four decades.

However, the Democratic National Committee proclaimed the bigger reality in a significant resolution (.pdf here) at its August meeting in secular San Francisco that roused scant MSM interest — but energized conservative and secularist media. The party championed the patriotism and morals of religiously unaffiliated Americans and said they “should be represented, included and heard” because they are now “the largest religious group within the Democratic Party.”

The party can count noses. Or its leaders noted the predictions of religion-and-politics experts like scholar John C. Green of the University of Akron.

Party leaders said the nonreligious were 17 percent of 2018 voters, and they make up a third of today’s Democrats vs. only 17 percent in 2007 when Barack Obama launched his campaign. They constitute something like a fourth of the overall U.S. population and 35 percent of those under age 30. So there’s “potential to deliver millions more votes” through “targeted outreach” that boosts turnout.

The Democrats’ statement ignored the ground-level fact that religiously unaffiliated Americans tend to be less engaged in civic affairs, and harder to contact and organize, than members of religious congregations. Crucially, the above data remind us that two-thirds of Democrats remain nominally or actively religious. Combined with religiously inclined Independents, they’ll determine who wins.

How to get 271 electoral votes?


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Christian legal organizations get the editorial shaft from The Deseret News

When I saw the headline “Serving God by suing others: Inside the Christian conservative legal movement,” I knew the ensuing news article meant trouble.

Would the Deseret News (which produced the above piece) have referred to the Americans for Civil Liberties Union in such a demeaning fashion? Or the Freedom From Religion Foundation?

Both of those organizations spend much of their time suing other entities over religion.

So why all the love for the conservatives? We begin with this:

SALT LAKE CITY -- Roger Gannam cites the Bible to define his company's mission. That wouldn't be notable if he worked at a church or food kitchen, somewhere known for sharing the gospel with the world. But Gannam works at a law firm, suing others and representing those who have been sued.
His employer, Liberty Counsel, advocates for conservative Christian interests in cases related to the sanctity of life, family values and religious liberty, presenting the court system as a way to live out Jesus' "Great Commission."…
Liberty Counsel is part of the Christian legal movement, a collection of advocacy groups working in the legal, public policy and public relations arenas to advance and protect conservative Christian moral values. Together, these firms have turned the courts into key battlefields in the culture wars.

Actually, the courts have been culture wars battlefields for decades. See Griswold v. Connecticut, Roe v. Wade and Obergefell v. Hodges.

The power of this movement will be on display this fall, when Masterpiece Cakeshop v. Colorado Civil Rights Commission is argued before the Supreme Court.


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Year-beginner for 2017: Sarah Pulliam Bailey, and moi, see more battles over religious liberty

Year-beginner for 2017: Sarah Pulliam Bailey, and moi, see more battles over religious liberty

Ever since the 1980s, I have been telling editors and journalists that conflicts about religious liberty were going cause some of the biggest news stories on the American horizon.

Anyone who has been reading GetReligion since 2004 knows that I've been saying that, over and over. Amen If you listen to this week's "Crossroads" podcast, looking ahead into 2017, you're going to hear more about that. No apologies.

The roots of this concern run back to my graduate-school work in Baylor University's church-state studies program, where -- in 1977-78 -- we could hear the early rumblings of what would become Bob Jones University vs. United States case.

Why is that important? Do you remember this crucial moment in the U.S. Supreme Court Obergefell debates about same-sex marriage?

JUSTICE ALITO: Well, in the Bob Jones case, the Court held that a college was not entitled to tax­ exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same­-sex marriage?
GENERAL VERRILLI: You know, I, I don't think I can answer that question without knowing more specifics, but it's certainly going to be an issue. I, I don't deny that. I don't deny that, Justice Alito. It is, it is going to be an issue.

That's why religion-beat patriarch Richard Ostling, in his recent pair of memos looking ahead to 2017, stressed that religious-liberty cases -- linked to LGBTQ issues, again -- would remain on the front burner for major American newsrooms. Click here and then here for those two Ostling posts.

You can see the same themes again, over and over, in the recent "Acts of Faith" year-beginner piece at The Washington Post by religion writer Sarah Pulliam Bailey (yes, a former member of the GetReligion team). The headline: "Here’s what we think will be the major religion stories of 2017." Here is the overture:

The new year could be turbulent for religion in America.


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RNA poll: Trump dominates 2016, but was not (#Really) Religion Newsmaker of the Year

RNA poll: Trump dominates 2016, but was not (#Really) Religion Newsmaker of the Year

So when did Citizen Donald Trump win the White House? 

You could make a case that it was when Hillary Rodham Clinton kept going to see the musical "Hamilton" over and over, rather than taking her husband's advice and making a few campaign trips to visit with angry working-class, labor-union Catholic families in the deeply depressed corners of Rust Belt states like Wisconsin and Michigan.

Or maybe the key moment in the cultural earthquake that topped this year's Religion News Association Top 10 religion-stories poll -- the subject of this week's Crossroads podcast -- actually took place in 2015.

That's what David Bernstein argued in a Washington Post analysis that ran with this headline: "The Supreme Court oral argument that cost Democrats the presidency." He argued that the crucial moment in this campaign took place on April 28, 2015, during debates at the U.S. Supreme Court (.pdf transcript here) that led to the 5-4 decision on the Obergefell same-sex marriage case.

JUSTICE ALITO:  Well, in the Bob Jones case, the Court held that a college was not entitled to tax­ exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same­sex marriage?
GENERAL VERRILLI: You know, I, I don't think I can answer that question without knowing more specifics, but it's certainly going to be an issue. I, I don't deny that. I don't deny that, Justice Alito.  It is, it is going to be an issue.

From that moment on, argued Bernstein, it was clear that -- for millions of doctrinally conservative religious believers in various faiths -- the future of the Supreme Court and the First Amendment's free exercise of religion clause was going to be the No. 1 issue in the 2016 presidential race. I totally agree with his take on that. Hold that thought.


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While media focus on dangers to gays, anti-Trump mobs tear up the streets

Every so often, the New York Times gifts us with an article that breaks new ground in being so one-sided, off-the-rails and lacking in even the most elementary sense of fairness that one runs out of words to describe it.

While the Gray Lady runs pieces about how a country under Trump might turn out badly for the LGBTQ crowd, mobs of anti-Trump supporters recreated their own kind of media-friendly, multicultural riots a few nights ago on the streets of Portland, Ore. More on that in a moment. 

What the Times does is museum-quality Kellerism, a term created by tmatt several years ago to portray an attitude among the MSM. In this case, societal persecution of gays and lesbians is the prevailing narrative and other points of view, primarily linked to the First Amendment, don’t deserve space or explanation. It is a term that means that a media outlet that has made up its mind on a certain hot button issue to the point where there is no legitimate other side to the story. See if you can spot the Kellerism factor below:

The election of Donald J. Trump to the presidency sent panic through much of the lesbian, gay, bisexual and transgender community, which for the first time in eight years will face an administration hostile to its civil rights goals and a president-elect who has expressed a desire to reverse many of its political gains.
Jay Brown, a spokesman for the Human Rights Campaign, the nation’s largest gay rights organization, said its office had received calls throughout the day on Wednesday from frightened people who wanted to know what the election results might mean for them.
Some callers wondered if they should speed up wedding plans so they could be married before the inauguration, in case a President Trump tries to overturn gay marriage, he said. Others worried that the military would reinstate “don’t ask, don’t tell,” the ban on openly gay and lesbian service members that ended in 2011.


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Amid a barrage of slanted reporting, a smart, helpful take on religious freedom legislation

Missouri. Georgia. North Carolina. Mississippi. Tennessee. Louisiana. 

Those are just a half-dozen of the states where recent legislation pitting gay rights vs. religious freedom has produced high-profile debates.

As any casual reader of GetReligion knows, much of the major media coverage has been incomplete and slanted (read: left leaning), with a few notable exceptions.

Most of our critiques focus on easy-to-spot crimes: The failure to give both sides a voice. The bias that using scare quotes shows. The editorialization that occurs via framing. 

Journalism 101 stuff, in other words.

So many news organizations struggle to cover this subject matter at even a basic level (much less provide context that includes, say, the 1993 Religious Freedom Restoration Act). Given that low bar, we are even more surprised when we come across a story that truly advances the topic in an insightful way.

Enter religion writer Kelsey Dallas of the Deseret News National:


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