RFRA

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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Separation of coven and state? Journalists should ask religion questions in this Las Vegas case

Separation of coven and state? Journalists should ask religion questions in this Las Vegas case

Attention journalists: Here is an important theme that runs through First Amendment conflicts about the freedom of believers to practice the tenets of their faith in real life — always consider the ramifications of a new case on believers on the left, as well as the right, on believers in minority faiths, as well as those in the major world religions.

For a prime example of this principle, see this week’s Julia Duin post: “Christian web designer at the Supreme Court: How reporters covered 303 Creative case.”

This leads me to a fascinating headline the other day from the Las Vegas Review-Journal — “Pagan nurse files religious discrimination lawsuit against UMC.” Ready for the plot twist? This is a pagan believer demanding the right to refuse a COVID-19 vaccination mandate.

Once again, we face a common religion-beat issue: Do journalists understand basic facts about the Religious Freedom Restoration Act of 1993 and the big themes that courts explore in these kinds of First Amendment cases?

We know what this looks like with, let’s say, wedding-cake artists in Colorado. But to consider coverage of the pagan nurse’s case, I would like readers to consider, once again, that mirror-image scenario that I created years ago, and tweaked recently:

… Let's say that there is a businessman in Indianapolis who runs a catering company. He is an openly gay Episcopalian and, at the heart of his faith (and the faith articulated by his church) is a sincere belief that homosexuality is a gift of God and a natural part of God's good creation. This business owner has long served a wide variety of clients, including a nearby Pentecostal church that is predominantly African-American.

Then, one day, the leaders of this church ask him to cater a major event — the upcoming regional conference of the Parents and Friends of Ex-Gays & Gays. He declines, saying this would violate everything he stands for as a liberal Christian. He notes that they have dozens of other catering options in their city and, while he has willingly served them in the past, it is his sincere belief that it would be wrong to do so in this specific case.

Now, about that Las Vegas story.


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Podcast: Much to learn in ongoing cases with cannabis church and yet another Christian baker

Podcast: Much to learn in ongoing cases with cannabis church and yet another Christian baker

A cannabis church (It’s California) keeps fighting for freedom of worship.

Another Christian baker wins what may be a temporary (It’s California) First Amendment victory in her fight to stay in business, even though she declined to create a one-of-a-kind, artistic wedding cake for a same-sex couple.

What connects these two stories? That was the topic at the heart of this weeks “Crossover” podcast (CLICK HERE to tune that in), which was recorded this week while I was on grandfather duty. This post is a day late because I’ve been driving back to East Tennessee and it’s really hard to write in a car in cross winds on the High Plains.

The connecting link in the podcast is the Religious Freedom Restoration Act of 1993 — or RFRA for short. This was a crucial piece of liberal (in the old sense of the word) church-state law backed by a stunningly broad coalition of religious and legal groups during the Bill Clinton administration. Try to imagine: There were only three “nay” votes in the U.S. Senate. Would that happen now? Clearly, the answer is “nay.’

These days, many reporters act as if “RFRA” was some kind of dirty, four-letter term that cannot be spoken in elite newsrooms. If you want some additional info on this syndrome, click here (“Covering a so-called 'religious liberty' story? Dig into religious liberty history”) or here (“Religious Left returns to RFRA: Washington Post explores a crucial Florida abortion showdown”).

The key is that RFRA doesn’t guarantee a victory for citizens who claim that their First Amendment rights have been violated. RFRA states that people have a right to argue that case and that — following some guidelines that have developed over the years — courts have to take these arguments seriously.

So let’s start with this Religion News Service headline: “Shuttered cannabis church takes fight to reopen to California Supreme Court.” Here’s the overture:

A cannabis church in Southern California — which was shut down by the county of San Bernardino over accusations it was illegally functioning as a dispensary — is taking its fight to reopen to the state Supreme Court, arguing that it uses cannabis for religious healing.


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Religious Left returns to RFRA: Washington Post explores a crucial Florida abortion showdown

Religious Left returns to RFRA: Washington Post explores a crucial Florida abortion showdown

For 18 years, GetReligion has argued that mainstream news organizations need to pay more attention to the Religious Left. Yes, I capitalized those words, just like the more familiar Religious Right.

The Religious Right has been at the heart of millions news stories (2,350,000 or so Google hits right now, with about 61,600 in current news). The Religious Left doesn’t get that much ink (322,000 in Google and 2,350 or so in Google News), in part — my theory — because most journalists prefer the word “moderate” when talking about believers in the small, but still media-powerful world of “mainline” religion.

But there is a church-state legal story unfolding in Florida that cries out for coverage of liberal believers — with an emphasis on the details of their doctrines and traditions, as opposed to politics. Doctrines are at the heart of a story that many journalists will be tempted to cover as more post-Roe v. Wade politics.

I suspect, if and when this story hits courts (even the U.S. Supreme Court), journalists will need to do their homework (#FINALLY) on the Religious Freedom Restoration Act of 1993. The big question: What does religious liberty (no “scare quotes”) look like from a Unitarian point of view? Hold that thought.

First, here is the headline on a long Washington Post feature: “Clerics sue over Florida abortion law, saying it violates religious freedom.” Here is the overture:

When the Rev. Laurie Hafner ministers to her Florida congregants about abortion, she looks to the founding values of the United Church of Christ, her lifelong denomination: religious freedom and freedom of thought. She taps into her reading of Genesis, which says “man became a living being” when God breathed “the breath of life” into Adam. She thinks of Jesus promising believers full and abundant life.

“I am pro-choice not in spite of my faith, but because of my faith,” Hafner says.

She is among seven Florida clergy members — two Christians, three Jews, one Unitarian Universalist and a Buddhist — who argue in separate lawsuits … that their ability to live and practice their religious faith is being violated by the state’s new, post-Roe abortion law. The law, which is one of the strictest in the country, making no exceptions for rape or incest, was signed in April by Gov. Ron DeSantis (R), in a Pentecostal church alongside antiabortion lawmakers such as the House speaker, who called life “a gift from God.”

The lawsuits are at the vanguard of a novel legal strategy arguing that new abortion restrictions violate Americans’ religious freedom, including that of clerics who advise pregnant people.


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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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Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

This is a “feeling guilty” post. For quite some time now, I have been planning to examine the coverage of some important religious-liberty cases that have been unfolding in the death-row units of prisons.

The decisions are worthy of coverage, in and of themselves. At the same time, these cases have demonstrated that it is still possible, in this day and age, for church-state activists on the left and right to agree on something. Maybe I should have put a TRIGGER WARNING notice at the start of that sentence.

Like I said the other day in this podcast and post — “Covering a so-called 'religious liberty' story? Dig into religious liberty history” — this kind of unity in defending religious freedom has become tragically rare (from my point of view as an old-guard First Amendment liberal). Indeed, to repeat myself, “America has come a long way since that 97-3 U.S. Senate vote to approve the Religious Freedom Restoration Act of 1993.”

The problem is that you rarely, if ever, see reporters catch this church-state angle in these decisions. The key is to look at who filed legal briefs in support of the religious liberty rights of the prisoners.

This brings me to an important Elizabeth Bruenig essay that ran the other day at The Atlantic, under this dramatic double-decker headline:

The State of Texas v. Jesus Christ

Texas’s refusal to allow a pastor to pray while holding a dying man’s hand is an offense to basic Christian values.

Here is the meaty overture:

Devotees to the cause of religious liberty may be startled to discover during the Supreme Court’s upcoming term that the latest legal-theological dispute finds the state of Texas locked in conflict with traditional Christian practice, where rites for the sick, condemned, and dying disrupt the preferences of executioners.


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New podcast: Covering a so-called 'religious liberty' story? Dig into religious liberty history

New podcast:  Covering a so-called 'religious liberty' story? Dig into religious liberty history

Believe it or not, America’s commitment to the First Amendment and religious liberty wasn’t dreamed up by the Religious Right.

However, at some point — mainly during press coverage of clashes between the Sexual Revolution and traditional forms of religion — religious liberty turned into “religious liberty” or even “so called ‘religious liberty’ ” and other language to that effect. America has come a long way since that 97-3 U.S. Senate vote to approve the Religious Freedom Restoration Act of 1993.

Now we are seeing waves of valid news coverage of religious liberty disputes linked to people seeking exemptions from mandates requiring COVID-19 vaccines. During this week’s “Crossroads” podcast (CLICK HERE to tune that in) I suggested that it would help for journalists to dig into the details of how courts have handled earlier religious liberty cases.

Consider this recent Washington Post headline, involving a White evangelical leader in Oklahoma: “This pastor will sign a religious exemption for vaccines if you donate to his church.” Here’s the overture:

A pastor is encouraging people to donate to his Tulsa church so they can become an online member and get his signature on a religious exemption from coronavirus vaccine mandates. The pastor, Jackson Lahmeyer, is a 29-year-old small-business owner running in the Republican primary challenge to Sen. James Lankford in 2022.

Lahmeyer, who leads Sheridan Church with his wife, Kendra, said Tuesday that in the past two days, about 30,000 people have downloaded the religious exemption form he created.

“It’s beautiful,” he said. “My phone and my emails have blown up.”

This minister isn’t alone in thinking this way. Here is a New York Daily News story about an African-American Pentecostal leader: “A Brooklyn preacher’s blessing is a pox upon his flock.”


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Did mainstream media distort America's religion-and-politics divide? Are they still doing so?

Did mainstream media distort America's religion-and-politics divide? Are they still doing so?

While culling files from decades of religion-beat work, The Religion Guy has come across a forgotten and seminal article from 2002 that contended the media were distorting public understanding of American politics. It said "religious right" Republicans were blanketed with coverage and turned the tables, contending that "the true origins" of cultural conflict were found in increased "secularist" influence in the Democratic Party.

As journalists contemplate the tumult of the succeeding two decades, ask what the article in question might say about media performance, past and present.

Consider the hostility toward openly religious nominees expressed by Senators Schumer, Feinstein, and Harris (now vice president and prospective future president). Or contrast the Religious Freedom Restoration Act, which passed the Senate 97-3 in 1993, with current House Democrats' unanimous vote for the pending Equality Act, which would forbid practical applications of that very law.

Customary political history emphasizes such landmarks as the Rev. Jerry Falwell (Senior) launching Moral Majority in 1979, Ronald Reagan's Republicans cultivating conservative Christians in the winning 1980 campaign or the Rev. Pat Robertson founding Christian Coalition in 1989 after his Republican run for president.

These events were important, of course. But what about Democrats and the other half of what was happening?

That's the focus of the 2002 article, by political scientists Louis Boice and Gerald De Maio from the City University of New York's Baruch College, drawn from their 2001 presentation at an academic conference. The piece appeared in the conservative journal The Public Interest, which is now defunct, but fortunately the American Political Science Association archive has posted the text (.pdf here). Also, click here and then here for tmatt columns on this duo’s work.

In their telling, 1972, the year before the Supreme Court legalized abortion, was the pivot point for Democrats' shift on emotion-laden social issues away from cultural conservatism and an "accommodation" policy toward religion.


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New podcast: Rising tensions between religious liberty, pronoun wars, academic freedom, etc.

New podcast: Rising tensions between religious liberty, pronoun wars, academic freedom, etc.

My name is Terry Lee Mattingly. However, when I converted to Eastern Orthodoxy, I took the name of a patron saint — St. Brendan the Navigator.

Let’s pretend that I am young and attending a state university right now and that I have decided to require professors to address me as “Holy St. Brendan the Navigator.” It is, after all, my name. While we are at it, let’s say that all of the Catholic and Orthodox students take the same tack, if their saint names are different then the names they were given at birth.

Some professors would wince, but go along with this. But let’s say that one professor is very secular, a Marxist perhaps, and he refuses — stating that my request violates his personal convictions. I threaten to sue, along with other students in the same situation. Game on.

How would the leaders of this taxpayer-funded public university respond? Would this be treated as a natural request on my part, with the understanding that any refusal would attack my sense of identity? What if I requested that my university ID card state my name as “St. Brendan the Navigator”?

It’s a crazy question, of course. But it would — at a state university — raise issues about the First Amendment (free speech and religious liberty) and academic freedom. These questions were at the heart of this week’s “Crossroads” podcast discussion. Click here to tune that in. [This episode also includes a bizarre gaffe when — I’m wrestling with a painful medical condition right now — I messed up my own saint’s name, mixing St. Brendan’s title with that of St. Nicholas of Myra. Listen for it.]

At the heart of the podcast discussion is a timely question: Can the state force the professor to recognize and even affirm — with public speech — beliefs that violate his conscience?

Now, as readers probably guessed right from the get go, this podcast focuses on another matter of personal identity — the degree to which professors can be forced to cooperate with students who chose to use any of the myriad and evolving gender pronouns linked to the LGBTQ+ movement. We looked at a Washington Post story with this headline: “A professor was reprimanded for refusing to use a transgender student’s pronouns. A court says he can sue.

Now, when these clashes take part in PRIVATE schools — left or right, religious or secular — it’s clear (pending passage of the Equality Act) that these doctrinally defined institutions have a right to create belief and lifestyle covenants that settle issues of this kind. Students can chose to affirm these beliefs, freely signing on the dotted line, or go to school somewhere else.

But what about state schools built and operated with tax dollars?


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