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How should Biden-era Americans understand 'religious freedom' and First Amendment?

THE QUESTION:

What does American “religious freedom” now mean?

THE RELIGION GUY’S ANSWER:

Protection of Americans’ “free exercise” of religion has been guaranteed by the Bill of Rights for 229 years and counting.

Until recently, people generally agreed on what this means. The debates involved whether this constitutional right should be exercised or restricted in specific, unusual situations. For example, the Supreme Court has permitted the Santeria faith to conduct ritual slaughter of animals, and exempted Amish teens from mandatory high school attendance laws.

Now this principle is swept up into culture wars that divide the population and the two political parties. In October, the Brookings Institution, a moderately liberal think tank, issued a lengthy white paper titled “A Time to Heal, A Time to Build” with recommendations on religion policy for the U.S. president. It states that the older consensus “began breaking down as new issues emerged, particularly around the struggle for LGBTQ equality.” Brookings consulted 127 experts on church and state for this document, though few were from the so-called “religious right.”

Consider some history: Back in 1993, Democrats were central in passage of the federal “Religious Freedom Restoration Act.” Then-Congressman Chuck Schumer, who is Jewish, introduced the bill in the House, where it won 170 co-sponsors and easily passed by voice vote. In the Senate, Ted Kennedy, a Catholic, was the Senate co-sponsor with Republican Orrin Hatch, a Latter-day Saint, and the act was approved 97–3. President Bill Clinton, a Protestant, enthusiastically signed it into law.

The act states that government cannot “substantially burden” the “exercise of religion,” even when the burden applies to people generally, unless limiting of the freedom is “the least restrictive means” to further a “compelling governmental interest.” Those whose freedom is wrongly suppressed have the right to “obtain appropriate relief” in court. (This restored prior U.S. Supreme Court doctrine that the court had shelved in its 1990 Smith ruling.)

That was then.


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Rabbi Lord Jonathan Sacks -- a modern voice in the news, defending ancient truths

Rabbi Lord Jonathan Sacks -- a modern voice in the news, defending ancient truths

A typical Rabbi Lord Jonathan Sacks speech would open with a self-deprecating jab at long-winded rabbis and then flow into a blend of Hebrew texts, science, law, literature, current events and the scriptures other faiths.

When the former chief rabbi of the United Kingdom died on Nov. 7 at age 72, after battles with cancer that began in his 30s, the Prince of Wales said: "His immense learning spanned the secular and the sacred, and his prophetic voice spoke to our greatest challenges with unfailing insight and boundless compassion. His wise counsel was sought and appreciated by those of all faiths and none."

Most of all, Lord Sacks was known for using modern information and insights to defend ancient truths. One famous address, at a 2014 Vatican conference on marriage, began with fish mating in a Scottish lake 385 million years ago before charting humanity's rise from polygamy to monogamy, including some awkward biblical dramas.

Before this speech ended with a standing ovation, the rabbi explained that his goal was to defend the “most beautiful idea in the history of civilization," the concept of love as the origin of new life.

"What made the traditional family remarkable, a work of high religious art, is what it brought together: sexual drive, physical desire, friendship, companionship, emotional kinship and love, the begetting of children and their protection and care, their early education and induction into an identity and a history," he explained.

“Seldom has any institution woven together so many different drives and desires. … It made sense of the world and gave it a human face -- the face of love. For a whole variety of reasons, some to do with medical developments like birth control, in vitro fertilization and other genetic interventions, some to do with moral change like the idea that we are free to do whatever we like so long as it does not harm others, some to do with a transfer of responsibilities from the individual to the state … almost everything that marriage once brought together has now been split apart. Sex has been divorced from love, love from commitment, marriage from having children and having children from responsibility for their care."

Lord Sacks was part of the Modern Orthodox movement and wrote two dozen prayer books and works about science and spirituality, as well serving as a commentator on BBC Four's "Thought for the Day." He became chief rabbi of the United Hebrew Congregations of the Commonwealth in 1991, holding that post until 2013, Queen Elizabeth knighted him in 2005 and he entered the House of Lords in 2009.


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Yin-yang of Washington Post on Amy Coney Barrett: Wait. Pope Francis embraces charismatics?

It would appear that the goal on the cultural and religious left is to find a way to link Judge Amy Coney Barrett to all of that strange charismatic Christian stuff like healing and speaking on tongues while avoiding anti-dogma language that would raise warning flags for Sunday-morning-Mass Catholics. She may as well be a fundamentalist Protestant!

Here is the Big Idea that is right up top, in a story that uses the term “handmaid” 11 times — early and often.

Oh, this will also require tip-toeing around the awkward fact that millions of charismatic Christians are found in Latino and Black pews — Catholic and Protestant.

Will this play a role in the hearings that are getting underway as I type this? We will see.

In the branch of the Democratic Party known as Acela Zone journalism, the key to the news coverage has continued to be a steady drumbeat of references to the word “handmaid,” which in cable-television land calls to mind all kinds of horrible fundamentalist terrors, starting with sexual slaves in red capes and white bonnets.

It’s hard to know what to write about the People of Praise-phobia angle of this story right now, since your GetReligionistas have been on it for some time now. See my podcast and post here: “Why is the 'handmaid' image so important in Amy Coney Barrett coverage?” Also, Julia Duin’s deep dive here into 40 years of history linked to the People of Praise and charismatic Christian communities of this kind. There there is Clemente Lisi on three big questions that reporters need to face linked to Barrett’s faith.

There are too many elite news stories on the handmaid angle to parse them all, so let’s focus on that recent Washington Post feature from a team led by the scribe who brought you the hagiography of Christine Blasey Ford during the confirmation hearings of Supreme Court Justice Brett M. Kavanaugh.

For starters, this would be a good time to remind readers that reporters rarely play any role in the writing of the headlines atop their work. The headline on a piece such as this one primarily tells you the angle that editors thought would launch it into social-media circles among the newsroom’s true believers. Thus we have: “Amy Coney Barrett served as a ‘handmaid’ in Christian group People of Praise.”


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RNS finds trans clergy struggle for support, after leaving liberal seminaries (#WhyIsThat)

Back in my Colorado days, I spent lots of time covering the Iliff School of Theology, a United Methodist seminary that was and is known as a hub for liberal Christian theology. A student — in the late 1980s — estimated that the student body was close to 50% gay and lesbian.

The problem, of course, was that there weren’t enough “urban” churches in Denver to handle all the students who needed to work part-time, serve in parish residency programs or be placed in their first pastoral positions (if they wanted to say in that regional conference). I once heard a feminist lesbian student, near tears, describing her attempts to preach to a small-town congregation out on the high plains of eastern Colorado. Some people even believed in hell.

What I realized was that this was not a story with two sides — liberal clergy vs. old-school locals. It was a story with, at least, three sides — liberal clergy, conservative laity and seminary/denominational officials caught in the middle. The liberal powers that be, you see, wanted to help the graduates, but they couldn’t afford to run off legions of ordinary church members. They had to be careful, for reasons linked to institutional survival.

I thought of those stand-offs while reading the recent Religion News Service feature — I am not sure that it is a “news” story — that ran with this headline: “As seminaries welcome openly transgender students, church lags behind.” Here is the overture:

When Austen Hartke arrived at Luther Seminary in St. Paul, Minnesota, he knew it was the only Lutheran seminary that didn't participate in his denomination's LGBTQ+ welcoming program. But as his awareness grew that he was transgender, so did his conviction that Luther was the right place for him.

Hartke, who had come out as bisexual years before applying to seminary, had specifically picked the school, he said in a recent interview, so he would learn to navigate his identity and ministry while being exposed to “the Midwestern attitudes I lived with every day.”

Still, said Hartke, who today runs the Transmission Ministry Collective, a community that supports transgender and other nonbinary Christians, “I didn’t come out as trans until I was holding my diploma, because I didn’t know what would happen.”


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Keeping up: Tumultuous times reshaping journalism, objectivity and even common language

What do pundits David Brooks and Fareed Zakaria, leftist intellectual Noam Chomsky, author Malcolm Gladwell, choreographer Bill T. Jones, chess champion Garry Kasparov, jazz leader Wynton Marsalis, novelists J.K. Rowling and Salman Rushdie, feminist Gloria Steinem, civil liberties scholar Nadine Strossen, and teachers’ union head Randi Weingarten have in common?

Not a whole lot except that they are celebrities and joined 153 critics of both President Donald Trump and “cancel culture” in endorsing a dire July 7 letter warning that “ideological conformity” is stifling “open debate and toleration of differences” in America. The signers see “greater risk aversion” among journalists and other writers “who fear for their livelihoods,” alongside editors “fired for running controversial pieces” (talking to you, New York Times).

Another large group, heavy with journalists of color, quickly issued an acerbic response that hailed the media and cultural institutions for starting to end their protection of “bigotry” and the power held by “white, cisgender people.”

Wait, there’s more. Media circles will be buzzing for some time about the resignation letter of Bari Weiss upon leaving The New York Times, made public Tuesday, which contained hints at possible legal action linked to on-the-job harassment. This was followed immediately by Andrew Sullivan's announcement of his departure from New York magazine. which he will explain in his final column Friday.

The bottom line: This is the most tumultuous time for American culture, and thus for the news media, in a generation.

In one aspect, financially pinched print journalism continues to drift toward imitation of slanted and profitable cable TV news (often quote — “news” — unquote).


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Are the Sexual Revolution vs. religious liberty wars over at Supreme Court? Let's ask Bluto ...

Want to hear a depressing question?

How many years, or even months, will it take for someone to pull the Little Sisters of the Poor back to the U.S. Supreme Court for another case linked to the status of Obamacare’s contraception mandate?

That’s right. The odds are good that we can brace ourselves for yet another Little Sisters of the Poor vs. the United States of America (or maybe the leaders of a blue-zip-code state or local government).

I predict that we will see Little Sisters of the Poor Round 4 in the headlines sooner or later, for reasons that host Todd Wilken and I discussed during this week’s “Crossroads” podcast (click here to tune that in).

For starters, in this recent case the high court upheld an executive order from the Donald Trump White House, as opposed to grounding its decision in the defense of a specific piece of legislation — as in the Religious Freedom Restoration Act (RFRA) of 1993. You may recall that this bill defending a liberal (in the old sense of that word) take on religious freedom passed with an impressive margin — 97-3.

One of the sponsors of that legislation — which was backed by a Clinton-Gore era coalition of liberals and conservatives — had this to say about its importance:

Today I am introducing legislation to restore the previous rule of law, which required the Government to justify restrictions on religious freedom. …

Making a religious practice a crime is a substantial burden on religious freedom. It forces a person to choose between abandoning religious principles or facing prosecution. Before we permit such a burden on religious freedom to stand, the Court should engage in a case-by-case analysis of such restrictions to determine if the Government’s prohibition is justified. …

This bill is needed because even neutral, general laws can unnecessarily restrict religious freedom.

That was U.S. Sen. Joseph Biden, of course, during an era when he was considered a moderate who tended to stand with the U.S. Catholic Bishops on quite a few social and moral issues.

The question now is this: What are the odds that one of the first things President Joe Biden’s team will do is erase most, if not all, of the Trump-era executive orders linked to religious liberty and the First Amendment?


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Plug-In: What does this landmark LGBTQ ruling mean for traditional religious institutions?

The U.S. Supreme Court’s landmark ruling Monday barring workplace discrimination against gay, lesbian and transgender workers certainly seemed to catch some by surprise.

Take USA Today, for example.

The URL on the national newspaper’s story indicates that the court denied protection to LGBT workers. Oops!

Kelsey Dallas, national religion reporter for the Salt Lake City-based Deseret News, closely follows high court cases with faith-based ramifications.

“Genuinely shocked,” she tweeted concerning the 6-3 decision. “I had prewritten only one version of this story and predicted a ruling against gay and transgender workers based on debate during oral arguments.”

Why was Dallas so surprised?

I asked her that in a Zoom discussion that also included Elana Schor, national religion and politics reporter for The Associated Press; Daniel Silliman, news editor for Christianity Today; and Bob Smietana, editor-in-chief of Religion News Service.

Watch the video to hear Dallas’ reasoning. (Hint: It’s not just that Justice Neil Gorsuch wrote the majority opinion.)

Learn, too, what all the panelists think the decision means for religious hiring practices, the court’s 5-4 conservative split and the Nov. 3 presidential election.

Among related must-read coverage: Schor’s AP story on why the religious right laments the ruling but sees opportunities, Yonat Shimron’s RNS story on conservatives looking to the next cases on religious liberty and Elizabeth Dias’ New York Times story on the “seismic implications.”

Why did the decision rattle Christian conservatives? The Washington Post’s Sarah Pulliam Bailey explains.

At the Deseret News, Dallas asks, “Are we headed toward a federal version of the Utah Compromise on LGBTQ rights?”


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New podcast: What's next in terms of Sexual Revolution vs. religious liberty news?

Decisions by the U.S. Supreme Court usually make headlines, especially when the court is bitterly divided. Few things cause as much chaos in American life than 5-4 decisions from on high.

Meanwhile, 9-0 decisions — which are actually quite common — often receive little attention. They are, however, extremely important because they display a unity on the high court that should, repeat “should,” be hard to shatter.

I bring this up, of course, because of the 6-3 SCOTUS ruling redefining the word “sex” in Title VII of the Civil Rights Act of 1964. In the wake of that historic victory for LGBTQ activists, reporters who cover legal issues, especially church-state conflicts, have to start thinking: Where is this story going now?

That’s precisely what “Crossroads” host Todd Wilken and I talked about in this week’s podcast (click here to tune that in). Journalists can expect clashes sooner, rather than later, when it comes to LGBTQ Americans presenting evidence that they were fired, or were not given a fair chance to be hired, at businesses operated by traditional Christians, Jews, Muslims, etc.

One could start a timer, methinks, to measure how long it will be until the first story of this kind breaks involving Hobby Lobby or Chick-fil-A. The more important story, however, will be how this new legislation passed by the Supreme Court will affect traditional religious believers across the nation who own and operate small businesses. Journalists looking for stories on the cultural left will want to visit businesses led by religious believers who stress that they have had no problems with their employees.

However, let’s go back to that other religious question: What is the next shoe that will drop?

With that in mind, reporters may want to ponder the implications of a 9-0 church-state decision at the Supreme Court in 2012 — which isn’t that long ago, in legal terms. I am referring to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. That’s the case that strengthened the concept of a “ministerial exception” that gives doctrinally defined religious institutions great freedom in the hiring and firing of employees. The bottom line: The state isn’t supposed to become entangled in personnel decisions that involve doctrine.

Why does that matter right now? As I argued this week (“ 'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports“), debates about Title VII religious exemptions are looming in the near future. At that point, all roads lead to the 9-0 ruling on Hosanna-Tabor.

The question legal minds are asking: Are we about to see a drama with two acts?


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'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports

It’s no surprise that mainstream news reports about the U.S. Supreme Court’s 6-3 ruling on LGBTQ rights for secular workers included a strong note of celebration. To the victors go the spoils and this was a big win for the cultural left and, one can only assume, the new middle America — as defined by the Harvard and Yale law schools.

The unanswered question hanging over all of this was, of course, the same one that haunted the majority opinion written by Donald Trump’s first choice for the high court. That would be: What happens to the bigots — sexual orientation now equals race — in churches, synagogues, mosques, etc., who run schools and nonprofit organizations built on centuries of premodern doctrine? After all, it’s hard to tolerate religious believers who are intolerant.

It’s also important, of course, to ask whether grieving believers on the religious and cultural right will stay home during the 2020 elections since they can no longer say, “But the Supreme Court” when justifying votes for the Tweeter In Chief.

Expect waves of coverage of that in the days ahead, of course.

Political wars vs. religion news? No contest.

What matters the most, to readers in middle America, is how this story was covered by the Associated Press. In this case, AP stuck close to the political and legal angles of the decision, with little or no interpretation from activists on the left, the right or in the middle.

In other words, this was not a story in which First Amendment content was crucial. So there. The headline: “Supreme Court says gay, transgender workers protected by law.” Here’s the overture:

WASHINGTON (AP) — The Supreme Court ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.

The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against people because of their sexual orientation or gender identity.


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