Lawsuits

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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Everybody sing: Why can't a Southern Baptist be more like a Methodist? Or a Lutheran? Or ...

Everybody sing: Why can't a Southern Baptist be more like a Methodist? Or a Lutheran? Or ...

Long ago, a leader in the “moderate” wing of the Southern Baptists used an interesting image as he described how the national convention carried out it’s work.

The Southern Baptist Convention, he told me, really wasn’t a “denomination” in the same sense as United Methodists, Episcopalians and Lutherans are part of national denominations. Southern Baptists — including those on the doctrinal left on a few issues — really do believe in the autonomy of the local church.

Then there are the ties that bind at the regional level, in Southern Baptist “associations.” Then there are the state conventions (in a few cases, there are more than one — as is the case in Texas Baptist life— because of doctrinal differences). Then, finally, there is the national Southern Baptist Convention that meets once a year to do its business, including selecting boards for the giant agencies and programs built on donations to the Cooperative Program.

Note that word “cooperative.” Hear the Baptist, congregational, “free church” sound of that?

In the end, this Baptist moderate said, the whole SBC idea is like a hummingbird. On paper, it should not be able to fly — but it does.

This is the subject at the heart of this week’s Crossroads podcast (click here to tune that in) about sexual abuse in America’s largest non-Catholic flock. Why can’t the SBC just create a national institution of some kind to ordain clergy, or approve and register ordinations done by churches, and then force local churches to hire and fire clergy and staff with the mandatory guidance of this national agency?

This new institution would then be responsible for tracking and shutting down clergy accused of sexual abuse. Somehow. It would warn churches about predators , if there is legal reason to do so. Somehow.

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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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Correction: Can a ministry require its leaders to be 'Christian'?

Correction: Can a ministry require its leaders to be 'Christian'?

Editor’s note: Please see the post correcting a crucial error in this post. Click here to go to that correction.

Yes, the headline for this post contains the word “Christian” inside “scare” quotes.

I did that on purpose, because it’s linked to the journalism point that I want to make about a recent Religion News Service story about a judge’s ruling on a clash between an evangelical campus ministry and the University of Iowa. The report contains lots of interesting and valid information, but I also think it contains a crucial error that RNS needs to correct.

This problem can be seen in the headline: “InterVarsity can require its leaders to be Christian, judge rules.”

Here’s my question: Did the judge say that it was OK for InterVarsity to require its leaders to be “Christians,” or that it was acceptable for the group require its leaders to affirm a specific set of traditional Christian beliefs on a number of topics, including marriage and sex?

My question: Would officials at the University of Iowa have been happy if some of the InterVarsity leaders were Episcopalians from parishes or dioceses that affirm gay marriage and embrace other doctrines that are consistent with a pro-LGBTQ stance? What if InterVarsity leaders came from other progressive flocks, such as the Presbyterian Church (U.S.A.), the Evangelical Lutheran Church in America or the United Church of Christ?

I’m thinking that University of Iowa leaders would have accepted InterVarsity having “Christian” leaders, as long as they were liberal Christians whose doctrines were acceptable.

But look at the top of the RNS report (this is long, but essential):

Yes, a Christian student group can require its leaders to be Christian.

That’s the decision a judge reached … 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.

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Where was the press? The new $23 million Falls Church Anglican sanctuary gets zero coverage

Where was the press? The new $23 million Falls Church Anglican sanctuary gets zero coverage

Near the end of 2006, I was working on one of my biggest stories of the year: The mass exodus of 11 Episcopal churches from the Diocese of Virginia, the nation’s largest Episcopal diocese.

It was a huge story and it wasn’t completely certain that on that sunny, cold Sunday if all the theologically conservative churches in northern Virginia would decide to leave en mass.

They did and this created headlines for weeks after that. The largest church that left was The Falls Church Episcopal (TFCE), a large complex worth about $24.7 million with its new-ish sanctuary, a historic chapel and cemetery on 5.5 acres right in the middle of the city named after it (and only a few blocks from where I lived). Built in 1734, its vestry included George Washington, who was elected in 1763.

Members voted 1,228 to 127 to leave, which doesn’t reflect the fact that some 2,000 people regularly attended there.

Fast forward five years and it turns out the courts didn’t look too kindly on the 11 churches taking some $40 million worth of property with them. All of that had to be returned to the Episcopal Church, including money in their bank accounts.

The conservatives, now part of the Anglican Church of North America, were officially out on the street.

As for the Falls Church, as former GetReligionista Mollie Hemingway reported in 2012, the Episcopalians who moved back into that facility (see second photo) included 178 members with an average Sunday attendance of 74, which was 4% of what the Anglicans were bringing through the door. How this group was going to pay the mortgage and other bills — roughly $800,000 a year — was never brought up by anyone reporting on them at the time.

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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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In Iowa, a federal judge fines university officials for anti-religious discrimination. So where's the coverage?

In Iowa, a federal judge fines university officials for anti-religious discrimination. So where's the coverage?

I’ve been following a strange case at the University of Iowa where officials have gone after –- with a vengeance — about a dozen religious groups that have the temerity to appoint like-minded people as their leaders.

That is discrimination, the university said, before it kicked these groups off campus because some of them were not allowing sexually active gay students as their leaders. One of the groups –- Business Leaders in Christ –- sued and won.

Just this week, up came a second case: InterVarsity v. University of Iowa, after InterVarsity likewise sued for being ejected from campus after 25 years.

When I first wrote up these cases in February, I trashed the coverage in Inside Higher Education, which vilified the conservatives and exonerated the university even though the judge was telling the university it was dead wrong. Thus, I looked to see how media covered the most recent decision to get handed down and was surprised at how little there was outside state lines.

Even inside Iowa, the coverage wasn’t overwhelming. From the Iowa City Press-Citizen:

A second University of Iowa student group that promotes Christian beliefs has won a court ruling saying that UI acted unlawfully in deciding its standards for leaders' religious beliefs violated school policy.

U.S. District Judge Stephanie Rose also ruled that — because UI administrators should have understood after her rulings in the previous case how to be fair to the groups — at least three university officials will be personally liable for any damages awarded to the plaintiffs.

Wait — does that mean the erring university officials must pay for all this out of their own pockets? That’s a very interesting news hook.

Apparently so, says CBN:

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Do generic Scouts have a future? (Wait! What was that about Latter-day Saints cutting ties?)

Do generic Scouts have a future? (Wait! What was that about Latter-day Saints cutting ties?)

No doubt about it, the generic Scouts are in trouble.

There are a number of important reasons for this, including a tsunami of legal problems linked to decades of hidden sexual abuse. Hold that thought, because we will come back to it — because of an important Washington Post story with this headline: “Lawsuits. Possible bankruptcy. Declining numbers. Is there a future for the Boy Scouts?”

But here is my main question today: What are the crucial factors that are — statistically speaking — threatening the future of Scouting? Let me add: Is there more to this than the current legal climate?

To answer that question, let’s flash back to a 2015 piece from the news service of the United Methodist Church that ran with this headline: “Churches can have gay Boy Scout leaders.” As you would imagine, United Methodists were divided on the wisdom of that Scouting policy change, as they are divided on every important issue linked to faith and sexuality. However, this story includes a crucial number:

As part of the resolution approved July 27, the Boy Scouts’ executive board also committed to indemnify and defend legally any religious chartered group against discrimination claims. Federal courts, including the U.S. Supreme Court in a unanimous ruling in 2012, have ruled that religious bodies are free to set their own rules for choosing and dismissing leaders. …

More than 71 percent of Scout units are chartered to faith-based groups, reports Boy Scouts of America. The United Methodist Church is second only to the Church of Jesus Christ of Latter-day Saints in the number of congregations that host Boy Scouts of America units. The United Methodist Church also has the highest number of Cub Scouts, with an estimated 200,000 members.

So, 71 percent of all Scout units were, at that time, linked to faith-based groups, with the LDS ranked No. 1 and the United Methodists No. 2. And what about the Baptists? As of two years ago — when the Boy Scouts decided to accept girls who identify as boys — the Association of Baptists for Scouting (ABS) reported that it had nearly 2.3 million members. At that time, about 60 percent of the association’s members were Southern Baptists.

It would appear that it is hard to ponder Scouting’s future without considering the impact of the movement’s policies on sex and gender and its standing among religious groups — especially the United Methodists and various kinds of Baptists. And the believers formerly known as Mormons?

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Podcast thinking: Why do many reporters avoid theological news on religious left?

Podcast thinking: Why do many reporters avoid theological news on religious left?

Back in the fall of 1993, I made — believe it or not — my first-ever trip as an adult to New York City. I had covered many important news stories in American and around the world, but had never hit the Big Apple.

I stayed in a guest room at Union Theological Seminary, since I would be attending what turned out to be, for me, a pivotal religion-beat conference at the nearby Columbia University School of Journalism. But that’s another story for another day.

Here is the story for this week’s “Crossroads” podcast (click here to tune that in), which is linked this week’s Twitter explosion in which Union Seminary students confessed their environmental sins to some plants and sought forgiveness.

On that beautiful New York Sunday morning, I decided to head to the Episcopal Cathedral of St. John the Divine. I was, at the time, an evangelical Episcopalian (with high-church sympathies) at I was trying to run into my wife’s favorite author — Madeleine L’Engle (click here for my tribute when she died). She was writer in residence at the cathedral, but later told me that she worshipped at an evangelical parish in the city.

Why did she do that? Well, in part because of services like the “Missa Gaia (Earth Mass)” I attended that Sunday. As I wrote later in a piece called “Liturgical Dances With Wolves”:

In the Kyrie, the saxophonist and his ensemble improvised to the taped cry of a timber wolf. A humpback whale led the Sanctus.

Skeptic Carl Sagan preached, covering turf from the joyful “bisexual embraces'' of earthworms to the greedy sins of capitalists. The earth, he stressed, is one body made of creatures who eat and drink each other, inhabit each other's bodies, and form a sacred “web of interaction and interdependence that embraces the planet.'' … The final procession was spectacular and included an elephant, a camel, a vulture, a swarm of bees in a glass frame, a bowl of blue-green algae and an elegantly decorated banana.

The key moment for me?

Before the bread and wine were brought to the altar, the musicians offered a rhythmic chant that soared into the cathedral vault. … “Praises to Obatala, ruler of the Heavens. Praises to Obatala, ruler of the Heavens. Praises to Yemenja, ruler of the waters of life. Praises to Yemenja, ruler of the waters of life. Praises to Ausar, ruler of Amenta, the realm of the ancestors. Praises to Ra and Ausar, rulers of the light and the resurrected soul.” …

Then the congregation joined in and everyone sang “Let all mortal flesh keep silence.' “

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