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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

The U.S. Supreme Court decided March 6 to punt on its first encounter with the growing transgender rights movement, sending the Gloucester County School Board case back to the 4th U.S. Circuit Court of Appeals for review. The high court had scheduled this Virginia case for oral arguments March 28, but the incoming Donald Trump administration has for the time being rescinded the Obama Administration policy the 4th Circuit relied upon.

The evolving situation merits close Godbeat attention due to the major challenge for advocates of religious liberty, already on the defensive over other issues. With gay marriage legalized throughout the United States by the Supreme Court, the LGBT movement is focusing all its moxie on transgender rights.

The basics for reporters: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That redefined “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant biological gender, not an identity that may conflict with it. The new contention that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

In the Virginia case, an anatomically female high schooler who is transitioning wanted to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security, including access to locker rooms and showers that were not raised in the Virginia dispute.

A major chunk of U.S. organized religion has reacted in unison against the Obama policy and 4th Circuit ruling.


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Time to work up those walkups to the Supreme Court's big transgender moment

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Time to work up those walkups to the Supreme Court's big transgender moment

On March 28, the U.S. Supreme Court hears arguments in the Gloucester County School Board case, its first encounter with the growing transgender rights movement.

Journalists, it's time to work up those walkups.

The basics: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal  “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That change redefined  “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant  biological gender, not an identity that may conflict with it. In the current case, an anatomically female Virginia high schooler who is transitioning wants to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security.

The case’s significance is not ended by the February 22 decision of the incoming Donald Trump administration to rescind the Barack Obama directive for now. Access to locker rooms and showers are also part of this hot-button debate.

With gay marriage legalized throughout the United States by the Supreme Court, the LGBTQ movement is focusing all its moxie on transgender rights. The belief that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

That poses a major challenge for advocates of religious liberty, already on the defensive with other issues.


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'Iran' plus 'divorce' in the news: Did faith have anything to do with this boy's horrible death?

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In the very first GetReligion post in 2004, Doug Leblanc and I created a concept that has been central to this blog's work ever since -- the idea of religion "ghosts" in mainstream news reports.

The basic idea is that many important stories are shaped, in part, by religious beliefs and traditions, but journalists often fail to realize this (or don't want to deal with it). Thus, you get a "haunted" story in which readers can sense that something important is missing, but they can't tell what.

As you would expect, readers frequently send me emails with a URL to a news report and then the phrase, "Major ghost in this story," or something like that. The key is that they often don't tell us what they think the ghost is.

Here is a perfect example, taken from The Washington Post. The headline hints at the horrors in this hellish case: " ‘A crime so horrific’: Mom gets 50 years for poisoning, burning her 5-year-old son."

In the two years since she poisoned her 5-year-old son with cold medicine and staged a fiery car crash with his body wedged on a back-seat floorboard, Narges Shafeirad has never publicly said why she did it.
On Monday, in a Maryland courtroom, she had her chance. Shafeirad, 35, spoke about a bitter divorce and custody fight she was enduring, and how she’d been ­depressed.
“I was a broken woman,” she said, adding that her son was everything to her. “I am still not able to believe that I have lost my son.”
Shafeirad’s words -- spoken just before she was sentenced to 50 years for the murder of Daniel Dana -- left the judge in front of a packed courtroom searching for an explanation.

One more horrible detail, out of many:

Earlier in the hearing, prosecutors listed bruises and abrasions around Daniel’s mouth that showed how Shafeirad force-fed him a full bottle of cold medicine. She continued doses every two to four hours until he was dead, according to prosecutors.

Now, why did our reader think that there was a religion ghost in this story?


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Look for the full AP report! Pope Francis is showing mercy to a few pedophile priests

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It is, without a doubt, one of the most frustrating, infuriating things that can happen to a reporter.

You write your story. You are extra careful -- since it's on an emotional topic full of fact-claims that are in dispute -- to make sure that you have included several qualified voices offering competing points of view. You make sure your story is the length assigned by the editors.

You turn the story in. Then, when it comes out (this happens A LOT in ink-on-paper news) you see that the copy desk has -- for some reason, often page layout -- basically cut the story nearly in half. To make matters worse, the editors didn't thin the story in a way that left the balanced structure intact. They just chopped off the end.

Some of your sources are furious. They accuse you of bias, because the story is so one-sided. They have no way to know that the printed story is not the story that you wrote.

I bring this up because I saw an Associated Press story the other day -- with a Vatican dateline -- that had me really shaking my head. It had, I thought, all kinds of problems in terms of balance and essential information. It didn't help that this was on a very controversial topic, one cutting against the grain of most reporting about Pope Francis. The lede:

VATICAN CITY (AP) -- Pope Francis has quietly reduced sanctions against a handful of pedophile priests, applying his vision of a merciful church even to its worst offenders in ways that survivors of abuse and the pope's own advisers question.

Now, there is no need for me to go into the many problems that I had with this report. Why? Because the story that I ran into online was a horribly truncated version of the full report by veteran reporter Nicole Winfield.

Oh the humanity! When I saw the full story on the AP homepage I was left with very view questions. Only one, in fact. Hold that thought. This is a very solid story about a very complicated topic.


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Back to the Washington state florist: Was Stutzman seeking right to shun all gay customers?

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To no one’s huge surprise, the Washington state Supreme Court ruled against Baronelle Stutzman for refusing to provide flowers for a gay friend’s wedding. Also to no one’s surprise, she (that is, her lawyers) immediately appealed to the U.S. Supreme Court, which may get a new justice soon.

So what is the key question in this story for journalists striving to cover the actual arguments in the case? Once again, the small print in this story is that that Stutzman wasn’t refusing to serve gay people in all instances, like the Woolworth's lunch counter sit-ins during the Civil Rights era. Instead, she was claiming the right to refuse to provide flowers in one doctrinally defined situation -- a marriage rite.

But did mainstream news reporters make that crucial distinction?

In almost all cases the answer is "no." We’ll start with what the Seattle Times said:

A Richland florist who refused to provide flowers to a gay couple for their wedding violated anti-discrimination law, the state Supreme Court ruled Thursday.
The court ruled unanimously that Barronelle Stutzman discriminated against longtime customers Rob Ingersoll and Curt Freed when she refused to do the flowers for their 2013 wedding because of her religious opposition to same-sex marriage. Instead, Stutzman suggested several other florists in the area who would help them.
“We’re thrilled that the Washington Supreme Court has ruled in our favor. The court affirmed that we are on the right side of the law and the right side of history,” Ingersoll and Freed said in a statement.
Stutzman and her attorneys said they would appeal the decision to the U.S. Supreme Court. They also held out hope that President Donald Trump would issue an executive order protecting religious freedom, which was a campaign pledge.

The article went on to rehearse the facts of the case and then quote several people (the state attorney general and the American Civil Liberties Union attorney for the gay couple) who were at a Seattle news conference. This went on for a number of paragraphs.

The Seattle Times gave two paragraphs to a press release from Stutzman’s attorneys.


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