ACLU

Podcast: How long to sing this song? Yes, we have another (M.I.A.) 'equal access' story

Podcast: How long to sing this song? Yes, we have another (M.I.A.) 'equal access' story

How long to sing this song? Audible sigh.

How often, during GetReligion’s nearly 20 years online, have your GetReligionistas critiqued church-state stories about public schools, libraries and other state-funded facilities in which officials were wrestling with “equal access” guidelines — but it was clear that journalists didn’t know (or didn’t care) that they were covering an “equal access” story?

That was the Big Idea that loomed (once again) over this week’s “Crossroads” podcast (CLICK HERE to tune that in). Before we jump into this new case study, let’s do a flashback into a few recent “equal access” headlines at GetReligion:

* “Washington Post looks at 'school choice' bills, and (#surprise) omits 'equal access' info.

* “Another SCOTUS win for 'equal access,' whether most journalists realized this or not.”

* “Fellowship of Christian Athletes wins an 'equal access' case, even if LATimes missed that.”

* “Reminder to journalists (again): Private schools — left, right — can defend their core doctrines.”

For starters, what are we talking about here? Let’s flash back to a summary that I have used in posts more than once. Sorry for the echo-chamber effect, but that’s kind of the point of this post:

What we keep seeing is a clash between two different forms of “liberalism,” with that term defined into terms of political science instead of partisan politics.

Some justices defend a concept of church-state separation that leans toward the secularism of French Revolution liberalism. The goal is for zero tax dollars to end up in the checkbooks of citizens who teach or practice traditional forms of religious doctrine (while it’s acceptable to support believers whose approach to controversial issues — think sin and salvation — mirror those of modernity).

Then there are justices who back “equal access” concepts articulated by a broad, left-right coalition that existed in the Bill Clinton era. The big idea: Religious beliefs are not a uniquely dangerous form of speech and action and, thus, should be treated in a manner similar to secular beliefs and actions. If states choose to use tax dollars to support secular beliefs and practices, they should do the same for religious beliefs and practices.

At some point, it would be constructive of journalists spotted these “equal access” concepts and traced them to back to their roots in the Clinton era (and earlier). But maybe I am being overly optimistic.

Once again, the Bill Clinton era wasn't about throwing red meat to the Religious Right. Instead, you had old-school First Amendment liberals trying — more often than not — to find ways to prevent “viewpoint discrimination” in the use of public funds and facilities.


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Let us attend: Mark Kellner offers readers a visit from the ghost of church-state past

Let us attend: Mark Kellner offers readers a visit from the ghost of church-state past

Every now and then, religion-beat readers are granted a visitation from the ghost of church-state past.

In this case, we are dealing with a Washington Times report by former GetReligionista Mark Kellner, who has spent enough time inside the D.C. Beltway to understand that mass transit is the true public square for most citizens.

Thus, spot the classic church-state ghost in this headline: “Christian group, ACLU sue Metro over rejected bus ads featuring a praying George Washington.”

Need a hint? Who were some of the major players in the broad coalition that backed the near-unanimous votes in the U.S. Congress for the Religious Freedom Restoration Act in 1993?

OK, here is Kellner’s overture:

A Texas-based Christian education group has filed a free-speech lawsuit backed by the ACLU over the Washington Metropolitan Area Transit Authority‘s rejection of the group’s ads that feature images of a praying George Washington.

WMATA earlier this year rejected the ads from WallBuilders, an Aledo, Texas, organization founded by evangelical author David Barton to communicate “the moral, religious, and constitutional foundation” of the United States. The ads would have been displayed on Metro buses.

Wallbuilders was joined in the suit by the American Civil Liberties Union and its D.C. chapter, the First Liberty Institute and the law firm of Steptoe LLP.

Wait a minute. The ACLU and a conservative Christian group are on the same side in a First Amendment free speech/religious liberty case?

Of course, there was a time when this kind of broad church-state coalition was common, as in the RFRA era. But, these days, it’s tempting to think that this kind of First Amendment logic can only be achieved with the help of a time machine (or a case involving a small, sympathetic religious minority group).


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Finding religion ghosts in the Ivy League wars, with help (sort of) from Andrew Sullivan

Finding religion ghosts in the Ivy League wars, with help (sort of) from Andrew Sullivan

If you have been following the horror shows at Ivy League schools, you know how agonizing this situation has become for old-school First Amendment liberals.

Are the tropes of anti-Semitism still protected forms of speech? Back in the 1970s, ACLU lawyers knew the painful answer to that question when Nazis wanted to legally march through Skokie, Illinois, a Chicago-area community containing many Holocaust survivors.

America has come a long way, since then. Today, the illiberal world considers a stunning amount of free speech to be violence, except in myriad cases in which speech controls are used to prevent “hate speech” and misinformation/disinformation in debates when one side controls the public space in which free debates are supposed to be taking place.

Clearly, death threats, physical intimidation and assaults are out of line. But what about a slogan such as, “From the river to the sea, Palestine will be free”? Is that automatically a call for genocide? The Associated Press has this to say:

Many Palestinian activists say it’s a call for peace and equality after 75 years of Israeli statehood and decades-long, open-ended Israeli military rule over millions of Palestinians. Jews hear a clear demand for Israel’s destruction.

Ah, but what does Hamas say? The same AP report notes:

“Palestine is ours from the river to the sea and from the south to the north,” Khaled Mashaal, the group’s former leader, said that year [2012] in a speech in Gaza celebrating the 25th anniversary of the founding of Hamas. “There will be no concession on any inch of the land.”

The phrase also has roots in the Hamas charter.

The key is that Hamas opposes a two-state solution allowing Israel to continue as a Jewish homeland. How is Israel eliminated without the eliminating, to one degree or another, millions of Jews?

This brings us back to the Ivy League. At this point, I think that it’s time for someone to ask if other minorities on Ivy League campuses have — in recent decades — experienced severe limitations on their free speech and freedom of association. To what degree are other minorities “ghosts” on these campuses? Do they barely exist? Has the rush to “diversity” eliminated many religious and cultural points of view?

Ah, but the Ivy League giants are private schools. They have rights of their own.


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Left and right cheer together, for a change, as U.S. Supreme Court defends religious liberty

Left and right cheer together, for a change, as U.S. Supreme Court defends religious liberty

Before putting his neck on the chopping block, King Charles I turned to his chaplain seeking personal peace after the chaos of the English Civil Wars.

The king was, on that infamous 1649 day, pondering heaven, hell and forgiveness.

“To show you that I am a good Christian," the king said, pointing to London Bishop William Juxon, "I hope there is a good man that will bear me witness that I have forgiven all the world, and even those in particular that have been the chief causers of my death. Who they are, God knows, I do not desire to know. God forgive them."

This isn't the kind of theology that ordinarily shapes U.S. Supreme Court decisions. Nevertheless, it was part of a litany of historical references during debates preceding a recent decision requiring Texas to grant a convicted murderer his Baptist pastor's audible prayers and comforting touch during his execution.

This was a rare moment in which activists on both sides of America's culture wars cheered for "religious liberty," a freedom that until recently didn't require cynical "scare quotes" that suggest uncertainty. This trend in First Amendment discourse has, for me, become the most important story I have covered during the third of a century -- as of this week -- in which I have written this national "On Religion" column.

The big question: Why did appeals to centuries of tradition work this time?

The condemned prisoner, John Ramirez, told the court he believed his pastor's "laying on of hands on him as he dies, and the vocalization of prayers and scripture, will assist his passing from life to death and will guide his path to the afterlife."

In his decision, Chief Justice John Roberts saluted the "rich history" of evidence supporting this prisoner's request "to have his pastor lay hands on him and pray over him during the execution. Both are traditional forms of religious exercise."


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New podcast: Left, right, middle? Two giant U.S. seminaries are pro-vaccine, but anti-mandate

New podcast: Left, right, middle? Two giant U.S. seminaries are pro-vaccine, but anti-mandate

Let’s do a COVID-19 religion-news flashback, looking at a storyline or two near the start of the pandemic.

I’m doing this in order to analyze how the press is framing a major new development — the federal-court lawsuit filed by Southern Baptist Theological Seminary and Asbury Seminary challenging the Biden administration’s vaccine mandate. These are, by the way, two of the largest seminaries in the United States and, while other seminaries are collapsing, these two are growing.

Coverage of this lawsuit was the hook for this week’s “Crossroads” podcast. (CLICK HERE to tune that in.)

So now the flashback. Remember when I was writing — at GetReligion and in my national “On Religion” column for the Universal syndicate — about the vast majority of American religious groups who were caught in the middle of the “shelter in place” and lockdown wars linked to COVID-19?

Remember the Catholic priests in Texas who were trying to hear confessions out in the open air (in a big field and parking lot), while following guidelines for social distancing? Or how about the churches that were under attack for holding services in drive-in movie theaters, with the faithful in cars, while it was OK for folks to be in parking-lot scrums at liquor stores and big box super-marts? Then you had the whole casinos are “essential services” while religious congregations were not “essential.”

I argued, at that time, that this was way more complicated than religious people who cooperated with the government and those who didn’t. This was not a simple left vs. right, good vs. bad situation. In fact, there were at least FIVE different groups to cover in these newsy debates:

They are (1) the 99% of religious leaders who cooperated and took worship online, (2) some religious leaders who (think drive-in worship or drive-thru confessions) who tried to create activities that followed social-distancing standards, (3) a few preachers who rebelled, period, (4) lots of government leaders who established logical laws and tried to be consistent with sacred and secular activities and (5) some politicians who seemed to think drive-in religious events were more dangerous than their secular counterparts.

That’s complicated stuff.

The problem is that, in the world of American politics, things have to be crushed down into left and right templates or even, there for a few years, into pro-Donald Trump and the anti-Donald Trump. I’m sure we’re past that last part. Right?


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Religious liberty at SCOTUS, again: Touch, comfort and the prayers of clergy at executions

Religious liberty at SCOTUS, again: Touch, comfort and the prayers of clergy at executions

The U.S. Supreme Court will hear religious freedom arguments Tuesday in the case of a Texas death-row inmate named John Henry Ramirez.

Ramirez, 37, wants his Southern Baptist pastor to lay hands on him and pray before and during his execution. The state of Texas won’t allow it.

Time magazine’s Madeleine Carlisle provides a nice overview of the case.

“The job of a minister is not to stand still and be quiet,” Dana Moore, the inmate’s pastor, tells Time. “Prayer is very important. And the power of touch is real. It’s encouraging. It brings peace. It’s significant… Why can’t I hold his hand?”

In an August interview with New York Times religion writer Ruth Graham, Ramirez took responsibility for killing Corpus Christi convenience store clerk Pablo Castro, calling Castro’s 2004 death a “heinous murder.” (As noted by the Corpus Christi Caller-Times, Ramirez “beat and kicked Castro and stabbed him 29 times with a 6-inch serrated knife.” He and two female accomplices left the scene with $1.25.)

“It would just be comforting,” Ramirez said of wanting Moore by his side at the time of his lethal injection.

At The Associated Press, religion writer David Crary explains that the “ACLU has a long history of opposing the death penalty and also says that condemned prisoners, even at the moment of execution, have religious rights.”

Conservative church-state activists have been involved in this case, and others like it, since Day 1.

“Intriguingly, the ACLU’s position in the Ramirez case is echoed by some conservative religious groups which support the death penalty and are often at odds with the ACLU on other issues,” Crary reports.


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The New York Times (#WHOA) probes ACLU's move away from First Amendment liberalism

The New York Times (#WHOA) probes ACLU's move away from First Amendment liberalism

I don’t know about you, but The New York Times was the last place that I expected to see a long news feature about disturbing trends at the American Civil Liberties Union away from its proud history of First Amendment liberalism.

I am sure that some ACLU insiders must have felt the same way, especially in light of recent headlines about the rising power of a generation of woke journalists at the Times. The pot calling the kettle black?

But there was no way around the contents of that dramatic double-decker headline the other day:

Once a Bastion of Free Speech, the A.C.L.U. Faces an Identity Crisis

An organization that has defended the First Amendment rights of Nazis and the Ku Klux Klan is split by an internal debate over whether supporting progressive causes is more important.

As the headline states, the emphasis in this report is about free speech. Maybe it was too much to ask Times editors to see the same illiberal trend developing in ACLU work defending the First Amendment clause protecting religious freedom, without “scare quotes.”

But we will take what we get because of the influence that the Times has in other newsrooms and even in some influential corners of elite academia.

The story opens with an event celebrating the career of lawyer David Goldberger, who played a key role in the famous 1978 case when the ACLU defended the free speech rights of Nazis to march in Skokie, Ill., the home of many Holocaust survivors. Read this long passage carefully:


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Farewell to 'reindeer rules'? Indiana nativity scene case could have been turning point

Farewell to 'reindeer rules'? Indiana nativity scene case could have been turning point

Year after year, the Lion's Club sets up wire-frame Christmas decorations on the lawn of the historic Jackson County courthouse, facing Main Street in Brownstown, Ind.

The display, which belongs to the local ministerial alliance, glows from dusk to dawn from Thanksgiving until New Year's Day, with the county providing the electricity.

This led to yet another "Christmas Wars" dispute, with the recent Woodring v. Jackson County court decision offering a precise description of this tableau.

There is a "waving Santa Claus with his sleigh, a reindeer, seven large candy-striped poles, the nativity scene … and four carolers standing in front of a lamp post," noted Seventh Circuit Judge Amy Joan St. Eve. "Santa Claus and the reindeer are on the left. …To their right are three gift-bearing kings (Magi) and a camel, who look upon the nativity. On the right side of the sidewalk, Mary, Joseph, and infant Jesus in the stable are flanked on each side by trumpet-playing angels. To their right are several animals facing the nativity. The carolers stand in front of the animals, closer to Main Street."

Before the 2018 lawsuit, the Freedom From Religion Foundation warned that the nativity scene needed to come down. County officials responded by moving Santa and other secular symbols closer to the telltale manger.

That move was clearly linked to what activists call the "reindeer rules," in which secular and sacred symbols are mixed to honor guidelines from the Supreme Court's Lemon v. Kurtzman in 1971. The "Lemon test" asks if a government action's primary effect advanced religion, as opposed to a secular purpose, thus entangling church and state.

But the majority in the new 2-1 decision in Indiana argued that the "nativity scene is constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas."

This post-Christmas decision in the heartland may have been a turning point.

"To the degree that the reindeer rules were based on Lemon, this decision said that we now have a new Supreme Court precedent. The reindeer rules appear to be gone," said Diana Verm, senior counsel for the Becket Fund for Religious Liberty, which filed a brief in the case.


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Fights over First Amendment rights will likely top religion-beat agenda in 2021 and beyond

What's on the agenda for journalism about religion in the United States in 2021 and beyond?

Ongoing fights about the First Amendment and religious liberty are likely to prove the most newsworthy, but two other themes deserve attention.

A prior Religion Guy Memo here at GetReligion surveyed the competing partisan concepts of "religious freedom" that face the United States and the incoming Joe Biden-Kamala Harris administration, with potential for big conflicts if Democrats win both Senate runoffs in Georgia.

One aspect is religious groups' desire to be exempt from anti-discrimination laws so they can hire doctrinally like-minded employees, while qualifying for federal grants. Lame duck Labor Secretary Eugene Scalia (son of the late Supreme Court justice) wrapped up the Donald Trump years with an important "final rule" to nail down and clarify exemption rights. It goes into effect a dozen days before Biden's inauguration.

Understandably, much news like this was all but ignored by media focused on COVID-19developments and President Trump's remarkable, fruitless efforts to erase the 2020 election returns, supported at the U.S. Supreme Court by 60 percent of House Republicans and the GOP attorneys general of 18 states.

Labor's “final rule” policies could be re-examined in the Biden years. The huge text (.pdf here) provides journalists full documentation on religious employment disputes as seen from the conservative side of the culture wars, and summarizes 109,000 officially filed comments pro and con.

The rule clarifies that exempt groups need not be connected to specific house of worship (as with many schools and Protestant "parachurch" organizations) and that even for-profit companies can qualify if they have "a substantial religious purpose." It states that "religion" covers not only creedal beliefs but "all aspects of religious observance and practice." The rule allows exemptions of religious groups that provide "secular" help, relying on the 9th Circuit appeals ruling in Spencer v. World Vision (read text here).

Importantly, Labor's new rule says religious organizations cannot ignore anti-discrimination protections regarding "sexual orientation" and "gender identity" in situations where "there is no religious basis for the action."


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