Law & Order

Do many reporters get why Kim Davis is in jail? Hint: Investigate Kentucky laws

So Kim Davis is in jail, which is the only place -- under current Kentucky laws, apparently -- she can go without giving her signed consent (hold that thought) to same-sex marriages, which she believes she cannot do because of a theological conflict of interest.

So U.S. District Judge David L. Bunning has done the logical thing and locked her up, because -- under the current Kentucky laws -- there is no other way to obey five members of the U.S. Supreme Court and get marriage licenses to same-sex couples in that state.

Here is a crucial question to which I cannot find an answer: Does Kim Davis, under current Kentucky law, have to put her name on a license to make it valid. I ask because Davis is on record as supporting compromises in which gay citizens could receive marriage licenses without a signature from the local clerk or with the signature of another willing clerk appointed by a judge or the state. As I have stated in previous posts, she is willing for licenses to go out, only she refuses to give her consent. She does not want this taking place under her authority, but under the authority of someone else recognized by the state.

However, there is no law allowing that approach in Kentucky, as opposed to, let's say, North Carolina. Right? If Davis was in a different state, she would have other options. That's an important fact in this standoff.

Let's return to The Washington Post coverage, since that has where I have been following these events most closely. There is much to applaud in the story that went live last night, but there are familiar gaps -- even when compared with earlier Post coverage. Let's read and I'll add some comments:

Davis’s decision means the 49-year-old elected public servant will be kept in custody indefinitely as the legal wrangling over her case continues. It also suggests she is willing to martyr herself for her cause, which is the right of public officials to be guided by their personal religious beliefs.

"Suggests" is never a good word in hard-news coverage.


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Washington Post looks at Kentucky same-sex marriage wars, sees only two armies

If you are following the mainstream media coverage of the case of Kim Davis, the elected clerk of Rowan County in Kentucky, then you have basically been reading about a dispute with two sides.

On one side are the gay citizens who want to get married in this county. On the other side is an outspoken Christian who, as an act of Christian conscience, has stopped handing out marriage licenses to anyone, rather than be forced to hand them out to those planning same-sex unions.

The mainstream coverage has been very vivid and full of human details. However, there is an interesting void in the stories that I am seeing in elite media (and let's not even talk about television). To spot this gap, ask yourself this question as you read the news coverage on this story in the next few days: Is Ms. Davis trying to stop gay citizens from getting married? Yes or no. In fact, is her primary goal to stop them from getting married in he county?

Now, let's look at some of the Washington Post coverage, starting with an update filed late in yesterday's news cycle. The following passage gives readers both a status report in the standoff and a look at the drama on the scene:

U.S. District Judge David Bunning has set a hearing for 11 a.m. Thursday to determine whether to hold Rowan County Clerk Kim Davis in contempt, a charge that could carry with it a fine or jail time.
Davis’s decision came on a day of heated protests here. Dozens of supporters -- and critics -- of the county’s elected clerk gathered outside the courthouse, and at times inside the lobby, as gay couples tried, unsuccessfully, to get marriage licenses. After one couple was rebuffed, Davis emerged from a back office to explain that she would not be issuing any licenses.


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So far, news media avoiding big faith questions in Baylor sexual assault case

As long-time GetReligion readers know, I am a conflicted Baylor University graduate. I had great times there and rough times, as well. The later were almost all linked to attempts by student journalists, including me, to do journalism about subjects that cause tension on all campuses (think Penn State), but especially at private, religious colleges and universities.

What kinds of subjects? Well, like sexual assaults. Hold that thought.

These ties that bind have led to lots of GetReligion work because Baylor is frequently in the news. Open the search engine here, enter "Baylor" and you will find pages of material about press coverage of complicated events at my alma mater. Here's how one early post opened:

A long, long time ago, I was a journalism major at Baylor University, which, as you may know, is the world's largest Baptist university. Baylor is located in Waco, Texas, which many folks in the Lone Star state like to call "Jerusalem on the Brazos." It didn't take long, as a young journalist, to realize that stories linking Baylor to anything having to do with sin and sex were like journalistic catnip in mainstream news newsrooms.

Or how about this language, drawn from one of my national "On Religion" columns?

Every decade or so Baylor University endures another media storm about Southern Baptists, sex and freedom of the press. Take, for example, the historic 1981 Playboy controversy. It proved that few journalists can resist a chance to use phrases such as "seminude Baylor coeds pose for Playboy." ...
I know how these Baylor dramas tend to play out, because in the mid-1970s there was another blowup in which students tried to write some dangerously candid news reports. In that case, I was one of the journalism students who got caught in the crossfire.

So now we have another Baylor controversy in the news, potentially a scandal, that involves sin, sex and, wait for it, college football. As you would expect, there has been coverage. But has the word "Baptist" played a significant role? This is an important question, since Baylor has plenty of critics that consider it a hive for right-wing fundamentalists, while others believe it has compromised and modernized too much.

In terms of hard news, the key story is from The Waco Tribune-Herald.

 


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Close shave: Dallas Morning News clips crucial religion content from prison beards story

With its story this week on beards in Texas prisons, The Dallas Morning News does a nice bit of foreshadowing.

Both the "For God's sake" headline and the "come-to-Jesus" lede provide a strong hint of the level of seriousness with which the Texas newspaper will treat the religion content.

In other words, not seriously at all.

Let's start at the top:

AUSTIN — Last year, Mario Garcia had a come-to-Jesus moment. The 29-year-old father of six, wanted on a domestic violence charge, flipped his truck as he was trying to outrun police. He lost his freedom. Again.
Last week, sitting in a gymnasium at the Travis State Jail, a large silver cross dangling over his white prison uniform, Garcia said he considers his second prison stint a blessing.
“It’s made me slow down and opened my eyes,” he said. “Faith is a major factor in my life right now.”

Perhaps the Morning News intended that "come-to-Jesus" opening to be clever rather than flippant and cliché, but the newspaper never gets around to describing how Garcia came to faith.

Was he a Prodigal Son who returned to the religion of his youth? Or did he find Jesus behind bars? This shallow report seems oblivious to such obvious questions.

The news peg is, of course, tied to that U.S. Supreme Court ruling on prison beards earlier this year:


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UPDATED: MZ's requests for a Planned Parenthood related New York Times correction

The Planned Parenthood fetal-tissue story rolls on in alternative media, with a second undercover video (unedited version here) offering some interesting headline hooks, for those with the stomach to use them.

One key word is "Lamborghini."

The hot phrase for the day is "less crunchy."

Will journalists be willing to interview Planned Parenthood defectors on some of these issues?

A day or so after the first David Daleiden video production surfaced, featuring a Planned Parenthood leader named Dr. Deborah Nucatola, I asked a basic question. If the first reports, mostly in conservative media, were based largely on the press materials circulated by the Center for Medical Progress, I wondered to what degree the mainstream news stories that were eventually published would center on the public-relations DNA of Planned Parenthood.

Now, a website called (C.S. Lewis trigger alert!) TheWardrobeDoor.com has noted an interesting problem at the end of a New York Times report in which Planned Parenthood leaders warn their supporters in Washington, D.C., that more videos are on the way. This passage, featuring Planned Parenthood lawyer Roger K. Evans, is at the very end of the report.

A Biomax representative at least once was admitted by Planned Parenthood employees to “a highly sensitive area in a clinic where tissue is processed after abortion procedures,” Mr. Evans wrote. Another time, a Biomax representative asked about the racial characteristics of tissue provided to researchers; anti-abortion activists have often alleged that Planned Parenthood engages in “genocide” of African-American babies. And Biomax proposed “sham procurement contracts,” offering one clinic $1,600 for a fetal liver and thymus, Mr. Evans said.
In the video, Dr. Nucatola says that clinics charge $30 to $100 for a specimen. Mr. Evans, in his letter, noted that she also said 10 times during a two-and-a-half-hour lunch that the charges were for expenses, not profit. But, he added, those statements were not included in the initial nine-minute video. Mr. Daleiden released what he called the full recording last week after Planned Parenthood complained of selective, misleading editing.

So what is the problem?


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'God is my gun,' says woman quoted in superficial Reuters story on church security

This was the headline on a recent Reuters story on church security in America, post-Charleston:

In some U.S. churches, guns are the answer to a prayer

But are guns really an answer to a prayer?

Or does that title foreshadow a superficial, cliché treatment of the subject? 

You decide:

JACKSON, Mich. —The Sunday service was winding down, but before it ended, Bishop Ira Combs led the congregation of 300 at the Greater Bible Way Temple in prayer. The shootings that killed nine people in a Charleston church could not happen here, he reassured his flock.
"If they had security, the assailant would not have been able to reload," Combs declared. "All of us here are not going to turn the other cheek while you shoot us."
As he preached, Combs was flanked by a man on each side of the pulpit, each armed with handguns beneath their suit coats. Other members of the church's security team were scattered among the crowd. Congregants did not know who was armed and who was not — an undercover approach that is part of the security plan.
"We aren't looking to engage people in violence, but we are going to practice law enforcement," Combs told Reuters before the service. "And we are going to interdict if someone comes in with a weapon."


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What’s ahead for Americans who believe in traditional marriage?

What’s ahead for Americans who believe in traditional marriage?

THE RELIGION GUY ASKS:

With the U.S. Supreme Court’s mandate to legalize same-sex marriage nationwide, what’s ahead for religious believers in traditional man-and-woman marriage alone? (The Guy poses this timely topic now in place of the usual question posted by an online reader.)

THE ANSWER:

The historic June 26 legalization, by a one-vote majority of a deeply divided Supreme Court, demonstrates with stark clarity religion’s declining influence and stature in American culture.

The one aspect is obvious. Traditional marriage belief is firmly taught, with no immediate prospect of change, by the Catholic Church, Southern Baptist Convention, most other evangelical Protestants, many “historically black” Protestant churches, conservatives within “mainline” Protestant denominations, Eastern Orthodoxy, Latter-day Saints, Orthodox Judaism, Islam and others.

A massive 2014 Pew Research survey indicates those groups encompass the majority of Americans, something like 140 million adults.

Of course, not all parishioners agree with official doctrine or practice their faith. In a May poll by Pew, the 57 percent of all Americans supporting gay and lesbian marriages tracked closely with the 56 percent among those identifying as Catholic. That contrasted with only 41 percent of black Americans and 27 percent in the nation’s biggest religious bloc, white evangelicals.

The less-noticed aspect is the weakness of religions on the triumphant side, which generally followed the LGBT movement rather than exercising decisive leadership, unlike past church crusades that helped win independence from Britain, abolition of slavery, labor rights, child welfare, social safety nets, women’s vote, alcohol prohibition, civil rights laws, or withdrawal from Vietnam.


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#LoveWins #JournalismFails — Some old media-bias battles (think Kellerism) go public

#LoveWins #JournalismFails — Some old media-bias battles (think Kellerism) go public

This was the rare week that my column for the Universal Syndicate grew directly out of what was happening online here at GetReligion. It doesn't take a doctorate in journalism history to figure out the topic for all of the chatter. Correct?

That discussion led to this week's "Crossroads" podcast with the team at Issues, etc. Click here to tune that in.

The whole thing felt kind of hall-of-mirrors meta, with host Todd Wilken and I discussing figures in the mainstream media discussing whether many mainstream journalists had proven their critics right by waving all of those cyber rainbow flags in the heady hours after the 5-4 Obergefell v. Hodges decision.

That decision, no surprise, led to a blitz of posts and debates all over cyberspace, including here, here, here, here, here and, especially, here at GetReligion. But the key to podcast was this post -- "From old Kellerism to new BuzzFeed: The accuracy and fairness debate rolls on" -- in which I noted that this new debate about the new news was actual linked to old debates that have been going on for some time.

So have we seen a historic change in American journalism? I still need some help from GetReligion readers trying to parse the following quote from BuzzFeed editor Ben Smith, as he defended (click here for transcript) his news site's open celebration of the U.S. Supreme Court decision during a radio interview with Hugh Hewitt:

BS: I don’t really think there, I mean, I guess I don’t really think there was much of a controversy, or at least I didn’t see. There were like, I’ve been tweeting with three people today -- Tim Carney and a guy named, just, I mean, but I’m not sure like three or four people make a controversy. But I think we have, we drafted and published a Standards Guide and an Ethics Guide several months ago, and I think we’ve been wrestling with something I’m sure you think about a lot, which is, although I think I probably come down somewhere a bit differently from you, which is you know, is it possible to, look, what is the tradition that used to be called kind of objective journalism, mainstream media journalism, the tradition the New York Times and the Washington Post come out of, which is the tradition I come out of?


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Yo, journalists: There are real church-state issues linked to the Church of Cannabis

Journalists who took the time to dig into the history of the Religious Freedom Restoration Act -- all the way back into ancient times, as in the Clinton White House -- will have run into references to a 1990 U.S. Supreme Court case called Employment Division v. Smith.

That case focused on this question: Did Native Americans -- in this case workers at a private drug rehabilitation group -- have the right to take peyote as part of a religious ritual linked to similar rites in their heritage dating back centuries? The conservative side of the court said "no," while liberals dissented and said the decision denied Native Americans the free exercise of their religious beliefs.

Justice Antonin Scalia famously said that this kind of religious liberty appeal would "open the prospect of constitutionally required exemptions from civic obligations of almost every conceivable kind."

A nearly unanimous U.S. Congress begged to differ and passed RFRA, backed by a stunningly broad church-state coalition -- basically everyone from Pat Robertson to the American Civil Liberties Union. It was a law inspired by some strange and messy legal cases, but as my graduate-school mentor at Baylor University's Church-State Studies program used to say: Your religious liberty has been purchased for you by people with whom you might not want to have dinner.

In other words, the First Amendment's "free exercise" clause is very powerful and, unless you are dealing with fraud, profit or a clear threat to life and health, courts are not supposed to mess with religious doctrines and practice, even when dealing with messy cases.

If you are following the news right now, you know where I am headed: Bill Levin and his First Church of Cannabis in Indiana.


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