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.

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: