Antonin Scalia

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Religious liberty and foster care: five key numbers as SCOTUS weighs dogma and LGBTQ rights

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We voted.

Then we waited. And fretted over the outcome. And waited some more.

While we did, perhaps some of us missed Wednesday’s arguments in the latest U.S. Supreme Court case pitting religious freedom vs. gay rights and the Sexual Revolution.

The dispute involves the city of Philadelphia ending its foster care contract with Catholic Social Services over the faith-based agency’s refusal to place children with same-sex parents.

Here are five key numbers that stood out to me:

5,000 CHILDREN IN CUSTODY

NPR’s Nina Totenberg’s reported:

On one side is the city of Philadelphia, which has custody of about 5,000 abused and neglected children, and contracts with 30 private agencies to provide foster care in group homes and for the certification, placement, and care of children in individual private foster care homes.

Reuters’ Lawrence Hurley and Andrew Chung asked a city official about the potential impact if the Supreme Court rules in favor of Catholic Society Services:

A ruling against Philadelphia could make it easier for people to cite religious beliefs when seeking exemptions from widely applicable laws such as anti-discrimination statutes.

“If individual organizations can begin to choose to discriminate against whom they want to serve, then it does begin to set an unfortunate precedent,” said Cynthia Figueroa, Philadelphia’s deputy mayor for children and families.

ZERO SAME-SEX PARENTS DENIED

Robert Barnes of The Washington Post quoted Lori Windham:

“Zero” was the answer from Windham, a lawyer for the Becket Fund for Religious Liberty, when asked how many same-sex couples had been denied the opportunity to be foster parents because of CSS policy. She said if ever approached, the agency would refer the couple to one of the more than two dozen agencies that have no issue with same-sex marriage.


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What role does religion play in U.S. Supreme Court justices' nominations and decisions?

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THE QUESTION:

What role does religion play in Supreme Court justices’ nominations and decisions?

THE RELIGION GUY’S ANSWER:

By a thin margin, Amy Coney Barrett won confirmation to the U.S. Supreme Court without the quizzing about her devout Catholicism — like Senate Democrats Diane Feinstein raised with Barrett’s lower-court nomination and Kamala Harris with another judicial nominee.

Nevertheless, the media pushed this theme, including her involvement with People of Praise, a close-knit community of “charismatic” Catholic families.

This was perhaps the most intense discussion of a nominee’s religion since Louis Brandeis (a justice 1916-39) became the Court’s first Jew following the agony of history’s longest confirmation process, with 19 hearings. Ostensibly, critics questioned his entanglements as a Boston lawyer, but Democratic stockbroker William F. Fitzgerald gave the game away by regretting the nomination of a “slimy fellow” with a “Jewish instinct.”

A smaller dustup involved Democratic nominee Hugo Black (on the Court 1937-71). He was denied the usual automatic deference granted a fellow U.S. Senator when reports emerged that as a young lawyer he joined the Ku Klux Klan, with its hatred of African-Americans, Catholics and Jews. Journalists only proved his KKK membership after a strong Senate vote for confirmation.

The Brandeis breakthrough launched an unwritten tradition of the Court’s “Jewish seat,” also filled by the religiously agnostic Benjamin Cardozo, who overlapped with Brandeis (1932-38), Felix Frankfurter (1939-62), Arthur Goldberg (1962-65) and the unfortunate Abe Fortas (1965-69). After a long gap, Ruth Bader Ginsburg began her celebrated tenure (1993-2020). There was also a “Catholic seat” line with Pierce Butler (1923-39), Frank Murphy 1940-49), William Brennan (1956-90) and Antonin Scalia (1986-2016).

The first Catholic on the Court was Chief Justice Roger Taney (1836-1864), who is not loudly hailed because he wrote the Dred Scott decision that’s widely blamed for precipitating the Civil War.


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Press struggles to cover a complex woman: The sainting of Amy Coney Barrett, wife and mom

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Well, they’re over. The Senate hearings for Supreme Court nominee Amy Coney Barrett were subdued, non-confrontative and — amazingly — ended with a hug between Sen. Dianne Feinstein, the leading Democrat on the judiciary committee and Sen. Lindsay O. Graham, her Republication counterpart.

Can’t get much better than that. We will see if Democrats have another post-hearings ambush planned, as was the case with Brett Kavanaugh.

As for coverage of the nominee herself, it was somewhere between treating her as an exotic zoo creature and understanding her as the complex person that she is. Dan Henninger of the Wall Street Journal ran an opinion piece last week that expresses my thoughts about some of this news coverage.

This week, the New York Times published an article by three cultural anthropologists (identified as reporters) who were sent to the Midwest and South to discover the origins of Judge Barrett’s religious belief.

Days earlier, another excavation team from the Washington Post produced a similar piece, called “Amy Coney Barrett served as a ‘handmaid’ in Christian group People of Praise.” By the Post’s model of journalistic insinuation, People of Praise is about two removes from the Branch Davidian cult.

It’s an on-the-mark essay if you can get to it beyond the paywall. One more piece of it:

… the Times writers make clear, repeatedly, that Judge Barrett’s religiosity is . . . well, how can one put this? Let us just say that her religiosity is conveyed as not what one would expect to find in polite company today. At least not theirs.

But that same religiosity is found among millions of Americans, who don’t find Barrett’s decision to have a large family and practice a traditional form of faith to be strange at all.

One thing journalists did reflect accurately was how many Republicans kept going on and on and on about her being a married woman with seven kids. And how she played along with it, introducing her sizeable family whenever she could.

Of course the media noticed that. To quote the New York Times:


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There they go, there they go again: New York Times views #ACB through eyes of conservative women

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I recently raised a few eyebrows with a post that — #TriggerWarning — praised The New York Times for a piece about Judge Amy Coney Barrett and why her nomination for the U.S. Supreme Court was so symbolic for cultural and religious conservatives. The headline on that post: “Speaking of people being praised: New York Times offered solid, old-school story about Barrett.”

Why was that Times report so important?

Well, no surprise here, but it was crucial that the team that produced the story include a religion-beat professional — as opposed to coming from the Donald Trump-era political desk. I also noted:

… Here is the key point I want to make: Unlike many Times stories in recent years, almost all of this material comes from qualified sources (left and right) whose names are attached to their opinions and the information they provided. There are attribution clauses all over the place, just like in Times of old.

Lo and behold, the Times followed up on that story with another religion-team feature that dug deeper on a perfectly valid point that was hinted at in the previous feature. Here’s the double-decker headline on that second story, which drew quite a bit of praise from conservatives on social media:

For Conservative Christian Women, Amy Coney Barrett’s Success Is Personal

Judge Barrett is a new kind of icon for some, one they have not seen before in American cultural and political life.

This is another fine story. However, I have one criticism of it that some may find a bit ironic, or even hard to take seriously.

The story does a fine job of demonstrating that the pro-ACB women are not a simplistic choir of cloned conservatives each with precisely the same point of view in terms of politics and culture. For example, it’s clear that some of these women are not all that fond of Trump the man or even the president. What unites them are commitments to specific values and concerns about specific moral, cultural and political issues.

This is where Judge Barrett comes into the picture. They applaud her because of her personal life, faith and choices, as well as her intellectual prowess and sparkling legal career.

So what is missing? The story briefly mentions the fierce opposition to Barrett, but never digs into the views of progressives — thus allowing Barrett supporters to debate them.

Yes, this is a Times story that needed MORE on-the-record material from the cultural left.


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Gorsuch and the big scare-quote religion stuff? So far, little light shed on Supreme Court pick

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What reporters have missed about Judge Neil Gorsuch, the President’s nominee for the Supreme Court, is that the Episcopal parish he attends in downtown Boulder is headed by a female priest.

Think about that for a moment. If this man is the frightening conservative that some on the Left are already alleging him to be, there’s no way he’d be Episcopalian, much less at a woman-priested church. It will be interesting to see if the Episcopal hierarchy issues any kind of formal reaction to this nomination. Watch this space: The Episcopal News Service.

The Episcopal Church, for anyone who’s not been following religion trends in recent decades, has been careening to the theological and cultural left for years and its membership statistics show it. Thousands have left TEC and joined alternative Anglican churches.

Not so this judge. A church in bluest of blue Boulder is not going to be a conservative hideout and this article notes that Gorsuch’s parish is pretty liberal. The place is St. John's, Boulder and for you trivia experts out there, it's the same church that JonBenét Ramsey's family attended. A Google search shows there’s an Anglican church in Boulder that the Gorsuch family could be attending if they so desired.

So, the fact that the judge and his family has remained at St. John’s says something.

So far, the mainstream press has missed all that and concentrated on his court rulings on hot-button topics, the kinds of subjects often framed in scare quotes. For example, while his precise views on abortion remain a mystery, he has written extensively on euthanasia -- producing a book on the topic ("The Future of Assisted Suicide and Euthanasia").

What the New York Times ran with is typical:

While he has not written extensively on several issues of importance to many conservatives, including gun control and gay rights, Judge Gorsuch has taken strong stands in favor of religious freedom, earning him admiration from the right.


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Think pieces on Justice Scalia, funeral sermons, humility and the First Amendment

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The funeral of Justice Antonin Scalia this coming Saturday will be in the grandest possible setting that America offers for a Catholic who spend spent decades on the U.S. Supreme Court -- the Basilica of the National Shrine of the Immaculate Conception.

As noted in a Religion News Service update, Scalia preferred the Latin Mass, so journalists will want to probe into the details of the service as they emerge. Another key question: Will Scalia's son -- Father Paul Scalia of the Catholic Diocese of Arlington (Va.) -- play a major role in the rite?

Who will speak during the funeral Mass? Whoever it is will want to read a fascinating letter that Scalia wrote to the Rev. James C. Goodloe after the funeral of Justice Lewis F. Powell, Jr. The subject: Appropriate sermons at funerals. Reporters will want to note an interesting question about Catholic canon law. Here is that letter:

CHAMBERS OF JUSTICE ANTONIN SCALIA
September 1, 1998
Dr. James C. Goodloe
Grace Covenant Presbyterian Church
1627 Monument Avenue
Richmond, Virginia 23220-2925
Dear Dr. Goodloe:
I looked for you unsuccessfully at the luncheon following the funeral yesterday. I wanted to tell you how reverent and inspiring I found the service that you conducted.
In my aging years, I have attended so many funerals of prominent people that I consider myself a connoisseur of the genre.


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Pod people: Are Christians crazy, or just stupid?

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Pod people: Are Christians crazy, or just stupid?

There is little new under the sun when it comes to anti-theistic arguments. Whether it be high minded philosophical critique or rabble rousing anti-clericalism, what was old is now new.


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