Church & State

Three key facts about Trump administration allowing religious freedom for S.C. foster care provider

Chelsea Clinton, daughter of Bill and Hillary Clinton, has 2.4 million Twitter followers.

So when the former first daughter tweets, what she says gets attention — be it announcing her pregnancy with a third child or commenting on a news story about a faith-based foster care agency in South Carolina.

I’m certain that Kelsey Dallas, religion writer for the Deseret News in Salt Lake City, didn’t mind the extra clicks that Clinton’s tweet generated for her coverage of a Trump administration decision involving religious freedom — or religious discrimination, depending on one’s perspective.

The lede from Dallas:

The Trump administration on Wednesday made a decision in support of a faith-based foster care agency in South Carolina, announcing that religious organizations are protected by federal religious freedom law and can receive government money even when they won't serve LGBT or non-Christian couples.

"Faith-based organizations that provide foster care services not only perform a great service for their communities, they are exercising a legally protected right to practice their faith through good works. Our federal agency should not — and, under the laws adopted by Congress, cannot — drive faith-motivated foster care providers out of the business of serving children without a compelling government interest," explained a statement from the U.S. Department of Health and Human Services.

Miracle Hill Ministries, a Christian organization based in Greenville, had been at risk of having to close its foster care program or adjust its screening process for prospective foster parents if HHS didn't grant it a waiver to nondiscrimination law. Miracle Hill, like many conservative, religious foster care agencies, has been under fire for the last year for refusing to work with LGBT couples for religious reasons.

The Trump administration's decision, although long-expected, sparked an outcry among liberal legal activists, who argue that religious freedom shouldn't protect discrimination.

Like the Deseret News, the Washington Post offered a factual, balanced report on the decision, opening its story like this:

The Trump administration said Wednesday it was granting a Christian ministry in South Carolina permission to participate in the federally funded foster-care program, even though the group will work only with Christian families.

The long-standing policy of Miracle Hill Ministries of Greenville violates a regulation, put into place in the closing days of the Obama administration, that bars discrimination on the basis of religion by groups receiving money from the Department of Health and Human Services.

About a year ago, the South Carolina Department of Social Services learned of Miracle Hill’s policy, notified the group it was in violation of federal law and downgraded it to a provisional license. Gov. Henry McMaster (R) then asked HHS for a waiver.

On Wednesday, HHS said it would grant the waiver, days before the group’s provisional license was set to expire. The department argued that the Obama-era regulation was ill-conceived and that some of its requirements “are not reflected” in the underlying statute.

In reading a variety of news accounts of the decision — including this one by the The Associated Press —  I was struck by certain details that seem important but weren’t reflected in every story.


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News in an age of rage tweets: Who needs to repent, after the Covington Catholic acid storm?

As this past weekend’s March for Life controversy began to escalate, I did what legions of other journalists and pundits did — I aimed a tweet at the young men of Covington Catholic High School and their leaders.

It was a rather mild tweet, as these things go. I said: “We can hope the young men repent and change. #MarchForLife holds out hope for repentance and healing.”

Later on, I also said that I thought it was time for politicians to take a lower profile at this annual pro-life event. I’m OK, with political leaders marching, but I’m worried about the high-profile speeches.

During the past day or two, lots of journalists have been taking down lots of tweets after this particular journalism train wreck.

However, I haven’t deleted mine — even after watching lots of alternative videos of this incident — for a simple reason. Based on my own life and sins, I have concluded that there is never a bad time for repentance. There may be Covington students who will want to go to Confession.

However, I’m still looking for video evidence of crucial facts — like the charge that students chanted “Build the wall!” and behaved in a way that threatened Native American activist Nathan Phillips or anyone else. I did see lots of young males acting like young males, which often means being rather rowdy (I never heard the Atlanta tomahawk-chop chant, but a few boys made gestures — while dancing around — that might be interpreted that way). Then again, there were Black Hebrew Israelites aiming bitter, obscene, homophobic chants and accusations at these students, who had gathered at a previously assigned location to meet their bus to ride home.

So what happened here?


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Why was Karen Pence's Christian school choice worthy of all those Eye of Sauron headlines?

Why was Karen Pence's Christian school choice worthy of all those Eye of Sauron headlines?

Let’s play a headline-writing game, inspired by the fact that one of the world’s most important newsrooms — BBC — wrote a blunt headline about You. Know. What.

Yes, this week’s “Crossroads” podcast (click here to tune that in) takes another look at the great scandal of the week — that the wife of Vice President Mike Pence returned to her old job teaching at an evangelical Protestant school. This is the kind of small-o orthodox school that has a doctrinal code for teachers, staffers, parents and students that defends ancient Christian teachings that sex outside of marriage is a sin. We’re talking premarital sex, adultery (Hello Donald Trump), cohabitation, sexual harassment, same-sex behavior (not orientation), the whole works.

Thus, the BBC headline: “Vice-president's wife Karen Pence to teach at anti-LGBT school.”

Now, that BBC report didn’t make the common error of saying that this policy “bans” gay students, parents, teachers, etc. There are, after all, gays and lesbians, as well as people seeking treatment for gender dysphoria, who accept traditional Christian teachings on these subjects. There are some careful wordings here:

Second Lady Karen Pence, the wife of the US vice-president, will return to teaching art at a school that requires employees to oppose LGBT lifestyles.

The school in Springfield, Virginia, bars teachers from engaging in or condoning "homosexual or lesbian sexual activity" and "transgender identity". …

"I understand that the term 'marriage' has only one meaning; the uniting of one man and one woman," the document states.

My question is this: For the journalists that wrote this headline, what does “anti-LGBT” mean?

If that term is accurate in this case, would it have been accurate for BBC to have used this headline: “Vice-president's wife to teach at anti-LGBT school for Christian bigots”? Is the judgment the same?

Now that I think about it, in many news reports it certainly appeared that editors assumed that banning homosexual behavior is the same thing as banning LGBT people. If that is accurate, then why not write a headline that says, “Vice-president's wife to teach at school that bans gays”?

Then again, looking at the content of the school policies, journalists could have used this headline: “Vice-president's wife to teach at school that defends Christian orthodoxy.” OK, but that doesn’t get the sex angle in there. So, let’s try this: “Vice-president's wife to teach at school that opposes sex outside of marriage.” That’s accurate. Right?


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This year's March for Life media question: How hard is it to tell 1,000 people from 100,000?

Another year, another mini-storm linked to media coverage of the March for Life in Washington, D.C.

As always, the controversial issue is how to describe the size of the crowd. That’s been a hot-button topic inside the DC Beltway for several decades now (think Million Man March debates) Authorities at United States Park Police tend to turn and run (metaphorically speaking) when journalists approach to ask for crowd estimates.

March For Life organizers have long claimed — with some interesting photo evidence — that the size of this annual event tends to get played down in the media.

That is, if elite print and television newsrooms bother to cover the march at all. For more background, see this GetReligion post from 2018: “A brief history of why March for Life news causes so much heat.” And click here for the classic Los Angeles Times series by the late David Shaw focusing on media-bias issues linked to mainstream coverage of abortion.

So, what about 2019? Writing mid-afternoon, from here in New York City, let me note one bad snippet of coverage, care of USA Today, and then point to several interesting issues in a much more substantial story at The Washington Post.

I received a head’s up about the lede on an early version of the USA Today story about the march. Alas, no one took a screen shot and it appears that the wording has since change. However, several sources reported the same wording to me, with no chance for cooperation between these people. Here’s a comment from the Gateway Pundit blog:

USA Today, the first result when you search for the march in Google News, began their story by saying, “more than a thousand anti-abortion activists, including many young people bundled up against the cold weather gripping the nation’s capital, gathered at a stage on the National Mall Friday for their annual march in the long-contentious debate over abortion.”

Wait. “More than a thousand?” During a bad year — extreme weather is rather common in mid-January Washington — the March for Life crowd tops 100,000. Last year, a digital-image analysis company put the crowd at 200,000-plus. During one Barack Obama-era march, activists sent me materials — comparing images of various DC crowds — that showed a march of 500,000-plus (some claims went as high as 650,000).


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This just in: Not all Christians agree on marriage and sex! This schism even affects their schools!

How did I miss this story?

Apparently, there is some kind of move afoot in elite media to push for the establishment of the Episcopal Church, or perhaps the United Church of Christ, as the state-mandated religion in the United States. Have you heard about this?

That’s one way to read the remarkable media response to Second Lady Karen Pence’s decision to return to the teaching at an ordinary evangelical Protestant school that attempts to defend ordinary conservative or traditional Christian doctrine on sexuality. (Yes, I am writing about this issue again.)

Why bring up Episcopalians? Well, Episcopal schools are allowed to have lifestyle and doctrinal covenants that defend their church’s evolving pronouncements blending liberal Christian faith with the editorial pages of The New York Times. Private schools — on left and right — get to define the boundaries of their voluntary associations.

These institutions can even insist that teachers, staff, parents and students affirm, or at least not publicly oppose, the doctrines that are the cornerstone of work in these schools. Try to imagine an Episcopal school that hired teachers who openly opposed the church’s teachings affirming same-sex marriage, the ordination of LGBTQ ministers, etc.

Now, after looking in that First Amendment mirror, read the top of the Times report on Pence’s heretical attempt to freely exercise her evangelical Protestant faith. The headline: “Karen Pence Is Teaching at Christian School That Bars L.G.B.T. Students and Teachers.

Actually, that isn’t accurate. I have taught at Christian colleges in which I knew gay students who affirmed 2,000 years of Christian moral theology or were willing to be celibate for four years. These doctrinal codes almost always focus on sexual conduct and/or public opposition to traditional doctrines. But back to the Gray Lady’s apologetics:

Karen Pence, the second lady of the United States, returned to teaching art this week, accepting a part-time position at a private Christian school that does not allow gay students and requires employees to affirm that marriage should only be between a man and a woman.

You could also say that the school requires its employees not to publicly oppose the teachings on which the school is built. That’s a neutral, accurate wording that would work with liberal religious schools, as well as conservative ones. Just saying. Let’s move on.


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Washington Post editors still don't understand that private schools -- left and right -- have doctrines

United Methodists are, of course, getting ready for their extraordinary global conference next month in which they will try to decide if the Bible and 2,000 years of Christian doctrine have anything definitive to say about marriage and sex.

One powerful pack of lobbyists on the doctrinal left — the National Association of Schools and Colleges of the United Methodist Church — have come out swinging, urging the conference to allow “full inclusion” for all in the denomination’s life and work, no matter what their “gender identity” or “sexual orientation.”

It’s safe to say that leaders of these 93 schools — including universities such as Emory, American, Duke, Syracuse and SMU — have created campus policies that encourage or require students, faculty and staff to embrace this modernized approach to moral theology.

That’s fine, as long as these schools are very up-front about the doctrines that define life in their private associations. Private schools on the left and right are allowed to do that. (Click here for a column that I wrote several years ago about efforts at Vanderbilt University to require on-campus ministries to toe the evolving LGBTQ line: “The new campus orthodoxy that forbids most old orthodoxies.”)

Once again let me stress: Private schools on the left and right have a First Amendment right (think freedom of association) to defend the doctrines that define campus life.

Some journalists continue to struggle with this First Amendment concept, leading to lots of GetReligion posts trying to explain the law and history behind “lifestyle” and doctrinal covenants at private schools.

For a perfect example of this problem, see the new Washington Post report with this headline: “The school that hired Karen Pence requires applicants to disavow gay marriage, trans identity.” Here is the lengthy, but essential, overture to this story.

The school where Vice President Pence’s wife, Karen, has accepted a part-time job teaching art requires potential employees to affirm certain religious beliefs that seek to exclude homosexual and transgender applicants, including that marriage can only be between a man and a woman.


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CNN on Tulsi Gabbard: Some candidates' LGBTQ policy ghosts are more relevant than others

It’s pretty easy to see where the Rep. Tulsi Gabbard story is going for the new CNN.

I think the heart of the story can be expressed this way: Are you now, or have you ever been a … conservative Democrat (or related, by blood, to one)?

Gabbard recently declared that she is one of the legions of Democrats who plan to seek the party’s presidential nomination. She is the first Hindu (a somewhat controversial convert, no less) to take that step.

However, she also created a mini-media storm with an op-ed in The Hill in which (trigger warning) she took an old-school liberal stand on a key religious liberty issue, affirming Article 6 of the U.S. Constitution, which bans any form of “religious test” for those seeking public office.

Yes, we’re talking about the Knights of Columbus wars. Gabbard wrote:

While I oppose the nomination of Brian Buescher to the U.S. District Court in Nebraska, I stand strongly against those who are fomenting religious bigotry, citing as disqualifiers Buescher’s Catholicism and his affiliation with the Knights of Columbus. If Buescher is “unqualified” because of his Catholicism and affiliation with the Knights of Columbus, then President John F. Kennedy, and the 'liberal lion of the Senate' Ted Kennedy would have been “unqualified” for the same reasons.

Wait for it. Here is the language that probably put a millstone around her neck.

No American should be told that his or her public service is unwelcome because “the dogma lives loudly within you” as Sen. Dianne Feinstein (D-Calif.) said to Amy Coney Barrett during her confirmation hearings in 2017 to serve as U.S. Circuit Court judge in the 7th Circuit. …

The party that worked so hard to convince people that Catholics and Knights of Columbus like Al Smith and John F. Kennedy could be both good Catholics and good public servants shows an alarming disregard of its own history in making such attacks today.

We must call this out for what it is – religious bigotry.

The reactions were fierce, to say the least.


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As European blasphemy laws endure, journalists should consider how words can get them in trouble

As European blasphemy laws endure, journalists should consider how words can get them in trouble

Here’s an explosive combination: The democratic demand for freedom of speech and the equally emotionally laden demand that sincerely held religious beliefs not be subjected to indiscriminate insults and scorn.

Religiously speaking, we’re talking about blasphemy, an issue contemporary Westerners are apt to believe is more of a concern in Muslim communities and highly autocratic nations such as Russia — and which they would be correct to conclude.

Journalistically and artistically speaking, we’re talking about the magazine Charlie Hebdo and the novelist Salman Rushdie. Both were victims of blasphemy charges by Muslim. The former ended in horrific violence.

Now, Foreign Policy magazine — on the occasion of the Hebdo attacks fourth anniversary, and the 30th anniversary of the blasphemy fatwa issued against Rushdie by Iran’s revolutionary leader Ayatollah Khomeini — has published an intriguing analysis piece on this issue. It ran under this headline:

30 Years After the Rushdie Fatwa, Europe Is Moving Backward.

Blasphemy laws have been given new life on the continent.

Here’s a hefty chunk of the Foreign Policy essay.

But despite the unanimous rhetorical support for free speech after Charlie Hebdo, blasphemy bans have become more firmly anchored in some parts of the continent in recent years. In a recent case, the European Court of Human Rights even reaffirmed that European human rights law recognizes a right not to have one’s religious feelings hurt. The court based its decision on the deeply flawed assumption that religious peace and tolerance may require the policing rather than the protection of “gratuitously offensive” speech. Accordingly, it found that Austria had not violated freedom of expression by convicting a woman for having called the Prophet Mohammed a “pedophile.”

Some have argued that the court’s decision was a necessary defense of an embattled Muslim minority vulnerable to bigotry and religious hatred. But laws against religious insult and blasphemy are generally different from hate speech laws—which are problematic in themselves—that purportedly protect people rather than abstract religious ideas and dogmas.


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Unfinished 2019 business in America's ongoing First Amendment wars over religious liberty

During the year-end news rush, many or most media – and The Religion Guy as well – missed a significant development in the ongoing religious liberty wars that will be playing out in 2019 and well beyond. 

 On Dec. 10, Business Leaders in Christ filed a federal lawsuit against the University of Iowa for removing the group’s on-campus recognition on grounds of discrimination on the basis of sexual orientation.  This club for business students requires its leaders to uphold traditional Christian beliefs, including that “God’s intention for a sexual relationship is to be between a husband and wife.” See local coverage here.

These sorts of disputes across the nation are thought to be a factor in religious citizens’ support for Donald Trump’s surprise election as president. And the Iowa matter is a significant test case because the Trump Department of Justice filed in support of the club Dec. 21, in line with a 2017 religious liberty policy issued by former Attorney General Jeff Sessions. 

The DoJ’s court brief is a forthright presentation of the argument the Iowa club and other such organizations make for freedom of association, freedom of speech and “free exercise of religion” under the Constitution. Contact: Eric Treene of the Civil Rights Division, 202–514-2228 or eric.treene@usdoj.gov.

More broadly, what does the American nation believe these days regarding religious freedom?

That’s the theme of a related and also neglected story, the Nov. 29 issuance of a new “American Charter of Freedom of Religion and Conscience” (info and text here). The years-long negotiations on this text were sponsored by the Religious Freedom Institute, which evolved from a Georgetown University initiative, and Baylor University’s Institute for Studies of Religion. 

The Religion Guy finds this document important, although at 5,000 words needlessly repetitive.  In essence, it asserts that freedom of religiously grounded thought, observance and public action, and the equal rights of conscience for non-believers, are fundamental to the American heritage and the well-being of all societies. 

Adopting lingo from federal court rulings, the charter says these freedoms are not absolute. But any “substantial burden” limiting them “must be justified by a compelling governmental interest” and implemented by “the least restrictive” means possible. The charter also endorses the separation of religion and state.

It is remarkable — and discouraging to The Guy — that basic Bill of Rights tenets even need to be reiterated in this dramatic fashion, because that tells us they are too often neglected -- or rejected.  

The charter has won a notably varied list of initial endorsers because it purposely avoids taking stands on the “sometimes bitter debates” over how to apply these principles, in particular clashes between religious traditionalists and the LGBTQ community.


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