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Correction: There were two crucial Iowa religious liberty rulings linked to higher ed

Correction: There were two crucial Iowa religious liberty rulings linked to higher ed

First things first: I made a major error the other day in my post about a Religion News Service report about an Iowa judge’s ruling in a legal clash between InterVarsity Christian Fellowship and leaders at the University of Iowa.

This wasn’t a typo or a misspelling.

My main point in the post was wrong and I want to correct that and also thank the experts at BecketLaw.org for alerting me to my mistake.

Here is the top of the original RNS report. This is long, but essential. After that, I’ll show the section of the RNS story that led to my error:

(RNS) — Yes, a Christian student group can require its leaders to be Christian.

That’s the decision a judge reached last week in InterVarsity Christian Fellowship/USA v. the University of Iowa, a lawsuit the evangelical Christian campus ministry brought against the university and several of its leaders after the school booted InterVarsity and other religiously affiliated student groups for requiring their leaders to share their faiths.

Those groups also included Muslims, Sikhs and Latter-day Saints, according to a statement from InterVarsity.

“We must have leaders who share our faith,” InterVarsity Director of External Relations Greg Jao said in the written statement. “No group — religious or secular — could survive with leaders who reject its values. We’re grateful the court has stopped the University’s religious discrimination, and we look forward to continuing our ministry on campus for years to come.”

At least three University of Iowa leaders are being held personally accountable to cover the costs of any damages awarded later to InterVarsity, according to U.S. District Judge Stephanie M. Rose’s Friday (Sept. 27) ruling, provided by the Becket Fund for Religious Liberty, which represented InterVarsity.

A paragraph later there was this:

Rose’s decision comes on the heels of a ruling she made earlier this year in a similar case involving the university and a student group called Business Leaders in Christ. Because she felt university leaders should have understood after that case how to treat the groups fairly, the judge is holding them personally accountable. …

The lawsuit came in August 2018 after the University of Iowa claimed InterVarsity was violating the university’s human rights policy by requiring leaders to affirm the organization’s statement of faith. That policy prohibits discrimination based on race, creed, color, religion, sexual orientation, gender identity or other attributes.

Here’s where I erred. I thought, when I read this section of the RNS story, that the two decisions pivoted on the same section of that University of Iowa policy.

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Supreme Court hears major LGBT case; USA Today listens to one side of debate -- period

Supreme Court hears major LGBT case; USA Today listens to one side of debate -- period

While the impeachment circus roars on, the U.S. Supreme Court drew another throng of demonstrators the other day as it heard arguments on another crucial LGBT-rights case.

The big news here, in case you had not heard, is that Justice Anthony Kennedy is now a retired justice. Do the math.

If you read the New York Times report on the oral arguments before the court, it was pretty obvious that this was yet another case in which religious liberty issues appear to be clashing with the Sexual Revolution. Check that out here, if you want to hear quite a bit of information from lawyers on both sides of the debate.

Then again, if only want to hear the LGBT side of the arguments, you can read USA Today. Here is the top of the story that ran there (and in many Gannett newspapers across the nation):

WASHINGTON — The Supreme Court appeared deeply divided Tuesday on a major civil rights question: whether gay and transgender people are covered by a federal law barring employment discrimination on the basis of sex.

The court's rulings in three cases, which are not expected until next year, seemed to hinge on President Donald Trump's two nominees. Associate Justice Neil Gorsuch called the dispute over transgender rights "close" but more likely an issue for Congress to address. Associate Justice Brett Kavanaugh directed his only question to a lawyer for two employers that fired gay workers, leaving his position in doubt.

The court's four liberal justices forcefully denounced the firings of two gay men and a transgender woman from Georgia, New York and Michigan and made clear they believe all three should be protected by the statutory ban on sex discrimination.

"We can't deny that homosexuals are being fired merely for being who they are and not because of religious reasons, not because they are performing their jobs poorly," Associate Justice Sonia Sotomayor said, calling it "invidious behavior."

Ah, “religious reasons.” Might that be a reference to “religious liberty”?

It’s hard to know, since the USA Today report never addresses that side of the equation in any way whatsoever — until the final paragraph of the story.

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USA Today buries lede (here we go again) in big report on sexual-abuse 'window' laws

USA Today buries lede (here we go again) in big report on sexual-abuse 'window' laws

When it comes to criticizing the press, William Donohue is what he is. The president of the Catholic League for Religious and Civil Rights has never used a flyswatter when a baseball bat will do.

This time, Donohue has released a statement about a USA Today story that had already caught my attention, one that ran with this headline: “The Catholic Church and Boy Scouts are lobbying against child abuse statutes. This is their playbook.

This feature is yet another cheap-shot attack that buries or blurs crucial information that readers need in order to understand this complex subject. How? Here is Donohue, with a metaphor that is blunt, to say the least. He starts by calling out the reporters, by name, and then pretending they are now in their sixties. This just in: They have both been accused of sexually abusing a cub reporter three decades earlier.

Nothing can be done about their alleged misconduct because the accuser came forward only yesterday, and the claim is beyond the statute of limitations. But a new law is being considered that would suspend the statute of limitations for one year. … The law, however, only applies to those who work in journalism. If someone was molested by a priest or a rabbi, the new law would not apply.
 
What would Marisa and John have to say about that? Would they protest, arguing that the law was unjust because it singled out journalists? What if they enlisted the support of the Society of Professional Journalists (SPJ) and it agreed to tap an army of lawyers to fight the bill — wouldn't they feel that was justified? And how would they react if their critics called them every name in the book, branding them and the SPJ "criminals" for skirting punishment for their outrageous behavior?
 
We all know what they would say. 

The Big Idea: This USA Today report hides or, at best, obscures the fact that Catholic leaders do not oppose sexual-abuse laws that apply to public institutions and nonprofits, as well as to churches and other religious bodies. The church opposes laws that single out religious groups.

To see what happened in this piece, let’s flash back to a GetReligion post on a similar story: “Big news on New York's child sexual abuse law – buried in 22nd paragraph of Gray Lady's story.” Here are two chunks of that:

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Thinking about Liberty University and decades of journalism struggles at private colleges

Thinking about Liberty University and decades of journalism struggles at private colleges

Over the past week or so, I have received a steady stream of email asking me to comment on a recent essay in The Washington Post that focused on an always touchy subject — efforts to do journalism education on private college campuses.

You wouldn’t know that’s what the essay is about if you merely scanned the headline — which offers your typical Donald-Trump-era news hook. The article is better than this headline.

Inside Liberty University’s ‘culture of fear’

How Jerry Falwell Jr. silences students and professors who reject his pro-Trump politics.

Yes, Trump plays a role in this piece and I am sure that Falwell’s over-the-top loyalty to the president is causing lots of tension at Liberty. However, that isn’t the main source of conflict in this article.

The main problem? Like many private schools (and even a few state schools), Liberty — on academic paper — says that it has a “journalism” program. The problem is what top administrators actually want is a public relations program that prepares students to work in Christian nonprofit groups, think tanks and advocacy publications.

This is a problem that is much bigger than Liberty. I have encountered this syndrome on campuses that are left of center as well as those on the right, during a quarter-century of so of teaching students at (or from) Christian colleges. More than a few college leaders — like Falwell — don’t want parents, donors and trustees reading student-written news material about real life on their campuses.

Real life? Here is the issue that I always use as my line in the sand, when studying conflicts about college journalism programs: Will school officials allow news reports about issues that produce public documents, like police reports.

Sure enough, that’s where former Liberty University journalist Will Young begins his Post essay. This is long, but essential:

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Poynter takes on Fox News' 'repurposing' of other publications' religion stories without proper credit

Poynter takes on Fox News' 'repurposing' of other publications' religion stories without proper credit

The reporter has become the reported-on.

I complained on social media recently after Fox News’ Caleb Parke rewrote one of my Christian Chronicle stories without doing any of his own reporting. I never could get a response from Parke, whose verified Twitter profile says he covers “faith & values but my favorite stories are #GoodNews.”

After my first complaint, Fox attributed a second quote to my Chronicle story but didn’t deal with the bigger issue of passing off our original piece as its own. And Parke and Fox felt no need to reply to me directly.

That might have been the end of it, except that Kelly McBride, a leading media ethics expert who serves as senior vice president of the Poynter Institute, took an interest in my case.

Today, Poynter published McBride’s lengthy piece calling out Fox News’ “repurposing” of other publications’ religion stories without proper credit.

Spoiler alert: She says a lot of really cool things about me that my mom will really enjoy, such as calling me a “nice-guy church newspaper editor based in Oklahoma City.” My boss particularly relished that line, given the grumpiness that I occasionally display on deadline.

But for those interested in religion reporting in the news media (that would be you, dear GetReligion reader), McBride’s comments on Fox’s practice of relying on other publications’ hard work will be particularly relevant.

Such as this:

It’s clear that this is about return on investment. Fox could easily have religion reporters out there turning up original stories the way Ross and his team do. But that would mean they would only get one story a day or even a week out of a reporter, not three or four. But fewer stories means a smaller audience.

Alternatively, Fox could subscribe to the Religion News Service, a wire service devoted to creating original stories about religion, as well as sharing content generated by other publications, including The Christian Chronicle. “We do not subscribe to this service,” a Fox spokesperson said by email. “We monitor them like we would any reliable news outlet and aggregate content when we find it compelling and worthy of our standards.”

When you look closely at what news organizations invest resources  in — original reporting vs. simply repeating the work of others — you can get a window into what the company values. 

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Hey CNN: Was a Catholic-school teacher in Indianapolis fired for 'being gay'? Period?

Hey CNN: Was a Catholic-school teacher in Indianapolis fired for 'being gay'? Period?

During my four decades or so in religion-beat work — as a reporter and then as a national columnist — I have covered or attempted to cover countless (trust me on that) stories linked to the lives of LGBTQ Catholics.

I also, in the early 1990s (after I had left the Rocky Mountain News) interviewed for a teaching post at a Jesuit university, where I was grilled about my support for many Catholic Catechism statements on sexuality (I was an evangelical Anglican at the time). I was told that I would threaten gay students and others in the campus community.

Through it all, I have learned one thing: It is impossible to stereotype the lives or beliefs of many, many gay Catholics. There is no such thing as an archetypal “gay Catholic.”

This brings me — I apologize, right up front — to yet another mainstream news report about Catholic schools, church doctrines, teacher contracts, doctrinal covenants and “gay” teachers. Yes, here we go again.

In this case, look at the overture in this CNN story, under this headline: “An Indiana teacher is suing his archdiocese, saying he was fired from a Catholic school for being gay.”

The key words, of course, are “fired … for being gay.” Here’s the top of this story:

A former Catholic school teacher is suing the Archdiocese of Indianapolis, saying that he was fired because of his sexual orientation.

Joshua Payne-Elliott had taught at Cathedral High School for 13 years. But despite renewing his contract in May, the school fired him a month later under the directive of the archdiocese, he says.

On Monday, Payne-Elliott's attorney announced a confidential settlement with Cathedral High School. His new lawsuit is against the Archdiocese of Indianapolis, which he says forced the high school to fire him.

The dispute between the archdiocese and Payne-Elliott, who is publicly named for the first time in the suit, is unusual because his husband is also a teacher at a Catholic high school in Indianapolis. His husband teaches at Brebeuf Jesuit Preparatory School, which was also asked by the archdiocese to fire their teacher after the same-sex marriage was made public in 2017 on social media. The Jesuits refused.

Fired “for being gay” then leads to the follow-up statement that this teacher was “fired because of his sexual orientation.” The key term is “orientation.”

Let’s stop and think about this for a second.

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Why did Ross Perot turn on George H.W. Bush, another rich Texan? Look for a religion ghost

Why did Ross Perot turn on George H.W. Bush, another rich Texan? Look for a religion ghost

Here’s the parting shot offered by Ross Perot, in an interview a few years ago with The Dallas Morning News: "Texas born. Texas bred. When I die, I'll be Texas dead. Ha!"

No doubt about it, Perot was a Texan. However, the prodigal Texan in me (my chosen label) can still remember some of the holes in the mainstream press coverage of Perot’s gadfly political career — if that was, in fact, the real goal of his crucial first White House campaign. So many journalists simply settled for saying that Perot was a Texan, when they needed to ask what KIND of Texan he was.

You see, Perot wasn’t your ordinary Texan. He wasn’t even your ordinary rich Texan in Dallas.

Perot rose to become a Highland Park Texan. He wasn’t just rich, he was a certain kind of rich within the structures of Texas life. If you want a glimpse inside that world, check out this 1976 classic from Texas Monthly: “The Highland Park Woman.”

To cut to the chase, this kind of conservative Texan — much like the liberal tribe located in Austin — is embarrassed by all those other Texans. Most of all, they are opposed to all of those, well, religious nuts out there in ordinary Texas.

So this leads me to the big question that I kept asking as I read some of the mainstream news obituaries for Perot: Why did he do it? Why did Perot turn on George H.W. Bush — from the Houston version of the Highland Park tribe — and try to take him down? What was the elder Bush’s fatal sin?

Well, let’s look back to a 1992 feature in the New York Times to find some of the information that was omitted from the Perot obits, as well as most of the coverage of his public life. Read this carefully:

Mr. Perot espoused a kind of fiscal conservatism and toward the end of his campaign a strong law-and-order theme. But he also drew cheers when he staunchly defended a woman's right to choose an abortion and when he bashed the religious right. Indeed, in the voter survey, only 34 percent of Mr. Perot's voters said they attended religious services at least once a week, compared with 42 percent in the survey sample as a whole.

Mr. Perot's army seems to include a strong libertarian streak: people seeking a measure of freedom from what they perceive as the heavy hand of institutions, religious as well as governmental. If the fundamentalist right holds sway in the coming battle for the soul of the Republican Party, Perot followers could go elsewhere.

What did Bush do wrong? Why, there may have been other sins (like Gulf War 1.0), but it was crucial that George H.W. Bush betrayed his class by abandoning his support for abortion rights, while taking other steps to court the world of religious and cultural conservatism.

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'No more faith-based than Satan himself': Houston Chronicle digs into health-sharing ministry

'No more faith-based than Satan himself': Houston Chronicle digs into health-sharing ministry

Even before the Houston Chronicle’s investigative piece on a Christian health care cost-sharing ministry was published in print — at the top of Sunday’s front page — the newspaper got action.

To the tune of $129,000.

The dead-tree version of the story notes:

On Tuesday, the day this story appeared online, an Aliera claims director called Martinez and said the company had reversed its previous denials and would pay the entire claim.

But that decision does nothing to blunt the power of this hard-hitting piece of journalism, which presents the “ministry” profiled as — to use the words of the main source quoted — “no more faith-based than Satan himself.”

Christian health-care sharing is a topic we’ve covered before at GetReligion — here, here and here, for example. Elsewhere, Christianity Today’s Kate Shellnutt wrote about the future of that approach back in 2017.

The Chronicle story does an exceptional job of detailing the concerns about Trinity Health-Share, Aliera Healthcare’s affiliated health-sharing ministry.

The opening paragraphs set the scene:

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As I head out the door: Online ordinations fight in Tennessee raises old church-state question

As I head out the door: Online ordinations fight in Tennessee raises old church-state question

If you have read GetReligion for a while — several years at least — you know that when you see images of mountains in East Tennessee and North Carolina, that means that it’s finally vacation season at this here weblog.

Well, “VACATION” doesn’t mean that we close down. It just means that people come and go — not to be confused with Bobby Ross, Jr., heading to Texas Ranger games — so you may see business days with one or two posts instead of the usual three. But the cyber doors will never close. I’m about to leave my home office in one set of mountains (the Cumberlands) to hide away (near a WIFI cafe) for a couple of days in the Blue Ridge Mountains.

But before I go, let me point readers to a very interesting church-state story developing here in the Volunteer State, a story that raises a very important question that shows up in religion news every now and then. The headline: “Internet church sues Tennessee over law banning weddings by online-ordained ministers.”

That question is: What — in legal, not theological terms — is a “church”? Here is the overture, care of the Knoxville News-Sentinel:

A Seattle-based online church is suing the state of Tennessee over a new law that bars online-ordained ministers from performing weddings.

Universal Life Church Ministries filed the suit in the U.S. District Court for the Middle District of Tennessee. … The law, which states that "persons receiving online ordinations may not solemnize the rite of matrimony" was to go into effect July 1. But Chief District Judge Waverly Crenshaw scheduled a July 3 hearing in Nashville on the restraining order requested by ULCM attorneys. …

ULCM describes itself as a "non-denominational, non-profit religious organization famous worldwide for its provision of free, legal ordinations to its vast membership over the internet." It has ordained more than 20 million people, including singer-actress Lady Gaga, talk show host Stephen Colbert and actor Dwayne "The Rock" Johnson.

The bottom line is right here:

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