Lawsuits

Big New Jersey religious-liberty case: Did you hear who backed efforts to build a new mosque?

So, did you hear about that major victory for religious-liberty activists the other day?

In this case, the reference to "religious liberty" in that first statement is not framed in scare quotes for a simple reason. This particular case did not have anything to do with debates about the Sexual Revolution clashing with ancient religious doctrines and traditions.

This important case involved a win for Muslims in Somerset County, N.J., who have been fighting their suburban powers in defense of their right to build themselves a mosque.

This is where things get interesting. The Islamic Society of Basking Ridge had the U.S. Department of Justice on its side, but also received help from a broad coalition of religious-liberty activists. This was a rare sighting of the old left-right coalition that used to stand together back in the heady days in the 1990s, when Democrats and Republicans all embraced the Religious Freedom Restoration Act (click here for GetReligion links on that).

Kudos to The Atlantic for spotting this important angle of a major story:

An uncommonly wide range of religious groups came to the Society’s support -- from groups that lean left, like the Baptist Joint Committee for Religious Liberty and the Sikh Coalition, to more conservative groups, including the Becket Fund for Religious Liberty and the Ethics and Religious Liberty Commission of the Southern Baptist Convention. “Such unequal treatment of the mosque in this case represents a potential threat to the free exercise rights of each of the amici represented here,” the 18 supportive groups wrote, “and is an affront to our nation’s commitment to religious liberty for all.”

Alas, it was hard to find evidence in other mainstream news coverage showing that journalists knew that key religious conservatives, as well as liberals, were celebrating this victory for supporters of this New Jersey mosque and, thus, a victory for religious liberty. 

Consider The New York Times coverage, for example: "Settlements With New Jersey Suburb Clear Way for Proposed Mosque." Here is the overture, with many interesting details about the flexibility demonstrated by these Muslim believers:


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Today in Kellerism: New York Times reporters offer contraceptive mandate apologetics (updated)

The Little Sisters of the Poor is an order of Roman Catholic nuns who take care of elderly people, many (if not most) of whom are indigent or nearly so.

As a non-profit, the Little Sisters provide health insurance for their employees, under a so-called "church plan," a special type of insurance for, well, religious organizations. The Christian Brothers, another Roman Catholic order, administers the insurance for the Little Sisters.

Years of back-and-forth charges and counter-charges over a 2011 rule promulgated by the Obama administration Department of Health and Human Services have just about come to an end. The current administration, following the promise made by President Donald J. Trump, is planning to roll back the contraceptive mandate's application to religious groups -- both religious groups (and their branch organizations) and other doctrinally defined schools and non-profit ministries, such as the Little Sisters.

Cue up a dose of Kellerism, the journalistic belief that certain issues have already been decided by American elites and do not need "balanced" coverage. Unsurprisingly, The New York Times, whose onetime editor Bill Keller provided the name for this GetReligion term, is at the head of the class on this story, headlining its piece, "White House Acts to Roll Back Birth-Control Mandate for Religious Employers."

Let's dive in:

WASHINGTON -- Federal officials, following through on a pledge by President Trump, have drafted a rule to roll back a federal requirement that many religious employers provide birth control coverage in health insurance plans.
The mandate for free contraceptive coverage was one of the most hotly contested Obama administration policies adopted under the Affordable Care Act, and it generated scores of lawsuits by employers that had religious objections to it.


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Can they dig it? Big-time journalists balk at multiple views of Grand Canyon's origins

There's no argument, is there? The Grand Canyon, like the rest of our planet, is multiple millions, if not billions of years old.

We're all agreed on that, right?

Well, not every last one of us. Take Andrew Snelling, Ph.D., for one. He's an Australian with a doctorate in geology from the University of Sydney. Snelling works with Answers in Genesis, the Kentucky-based organization that promotes "young Earth creationism."

That's the belief that not only "in the beginning God created the heavens and the earth" (Genesis 1:1, New International Version), but also that said creation took place recently -- only thousands of years ago. That's thousands and not billions or millions.

Snelling is trying to prove his theory by doing -- get this -- on-site scientific research. He wants to collect sedementary rock samples from the Grand Canyon, for which one needs permission from the National Park Service.

Let's go to the news, courtesy of (among others) The Atlantic magazine's website, which served up the evenhanded headline "A Creationist Sues the Grand Canyon for Religious Discrimination." Read on:

Snelling is a prominent young-Earth creationist. For years, he has given lectures, guided biblical-themed Grand Canyon rafting tours, and worked for the nonprofit Answers in Genesis. (The CEO of Answers in Genesis, Ken Ham, is also behind the Creation Museum and the Ark Encounter theme park.) Young-Earth creationism, in contrast to other forms of creationism, specifically holds that the Earth is only thousands of years old. Snelling believes that the Grand Canyon formed after Noah’s flood -- and he now claims the U.S. government is blocking his research in the canyon because of his religious views.


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Baltimore Sun skips key angle in DUI bishop case: Why was Heather Cook using that cellphone?

It made headlines at the end of 2014 and during 2015, and the DUI-linked vehicular homicide conviction of a now-former Episcopal bishop in Baltimore made news again last week.

Heather "DUI bishop" Cook, at one time the suffragan bishop of the Episcopal Church's Maryland Diocese, will remain in prison until at least 2020. She failed to gain early release at a parole hearing mandated by state law.

Cook, whose seven-month tenure as a bishop effectively ended with the December 2014 crash that killed cyclist Tom Palermo, expressed no remorse at the hearing, according to media reports. (She actually resigned on May 1, 2015, roughly one year after being elevated to the role.) The Baltimore Sun, which has been on top of the story since the accident, sums things up for us:

The Maryland Parole Commission on Tuesday denied the parole request of Heather Cook, the former Episcopal bishop who is serving a seven-year prison sentence for the drunken-driving crash that killed a bicyclist in 2014.
Commission chairman David Blumberg said the two commissioners who ruled on the case told him they denied Cook parole in part because she "took no responsibility" for her actions and displayed a "lack of remorse" during the 90-minute hearing at the Maryland Correctional Institution for Women in Jessup.
Cook's attorney for the hearing, Hunter L. Pruette, left without addressing reporters and could not be reached for comment.
Cook, 60, pleaded guilty in 2015 to charges of vehicular manslaughter, drunken driving, driving while texting and leaving the scene of an accident in the crash that killed 41-year-old Thomas Palermo on Dec. 27, 2014. She will no longer be eligible for parole.

The Sun report continues with a recapitulation of the case, as well as some of the comments made by Palermo's widow, Rachel, following the hearing. Watching this woman's statements -- see video above -- is painful. Two young children are without their father; a young wife was robbed of her husband. 


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Mirror image time again: Trump's people still fighting Little Sisters, religious schools?

So here is a story that is causing lots of traditional religious believers to shake their heads today. They are reacting to headlines, like this one at The Washington Post states: "Trump has yet to signal his approach to Obamacare birth-control mandate."

Once again let me stress that we are talking about head shaking in two different camps of religious conservatives. The best evidence is that they are pretty equal in size, as GetReligion has been noting since last summer (here is yet another hat tip pointing readers to this fine Christianity Today feature).

In one camp are the religious conservatives who enthusiastically embraced Citizen Donald Trump, pretty much from Day 1.

In the other camp are religious conservatives who never endorsed Trump, at any stage of the game, yet felt they had to vote for him in order to defeat Hillary Rodham Clinton. Here is what I heard legions of folks in that camp say: "I do not know what Donald Trump will do, but I know what Hillary Clinton will do. I will have to risk voting for him."

So, what were they so concerned about, in terms of what the candidates "will do"?

We are, 99.9 percent of the time, talking about two crucial issues: The U.S. Supreme Court and/or battles over religious liberty. At this point in time -- as the world awaits votes by the newest justice on the U.S. Supreme Court -- most conservatives are pretty pleased with that first issue. But what about that second concern, in light of this overture at the Post?

President Trump had promised religious groups that he would reverse the Obama administration’s requirement that employers provide birth control to their employees under the Affordable Care Act.
But his Justice Department indicated Monday that it’s not yet giving up a fight with religious schools and nonprofits that are suing over the contraception mandate.
The department has asked the U.S. Court of Appeals for the 5th Circuit for an additional 60 days to negotiate with East Texas Baptist University and several other religious groups objecting to a requirement to which they are morally opposed.

To which some people, in this case Rod "Benedict Option" Dreher are saying, "WHAT'S THAT?!"


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Our Fox News question remains: Was there any real religion factor in career of Bill O'Reilly?

What can I say? People keep asking me if there is some kind of "religion ghost" lurking in the story of the fall of Fox News superstar Bill O'Reilly.

After all, he was one of America's leading "conservatives."

O'Reilly also mentioned, from time to time, his Catholic roots. Yes, we will get to that timely handshake with Pope Francis in a minute (Religion News Service report here). As religion-beat patriarch Richard Ostling told me, in an email one-liner: "Since O'Reilly made so much of his Catholic identity, perhaps he should have asked Pope Francis to hear his confession when they met at the Vatican?"

But, you see, this is where I need to plead ignorance and seek help from readers. As I have said before, I never watched O'Reilly's show. I don't think I ever watched an episode from end to end, because I truly despised the style and content of his baseball-bat commentary work. His opinion-to-reporting ratio was not my cup of tea. I remain a Brit Hume, Kirsten Powers, Megyn Kelly, Howard Kurtz kind of guy.

So help me here: Did O'Reilly consistently make a big deal out of the CONTENT of his Catholic identity or did he just mention it in passing? Did he quote scripture, the Catholic Catechism or papal documents? I honestly want to know.

I also hear this: What about the whole "War on Christmas" riff that he used year after year after year, world without end?

From what I have seen, that part of his work was based on his anti-political-correctness stance and a kind of marketplace version of civil religion. I never heard him engage in the actual details of church-state debates linked to this important First Amendment topic. He just bashed away, knowing that his audience loved it. Did I miss something?

If there is a valid GetReligion angle to this story it is, in my opinion, the possibility that the very public falls of O'Reilly and original Fox News maestro Roger Ailes offer insights into the political philosophy at the heart of this news operation.


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Future of Fox News: Will moral conservatives keep buying what Bill O'Reilly is selling?

Future of Fox News: Will moral conservatives keep buying what Bill O'Reilly is selling?

In a way, this week's "Crossroads" podcast (click here to tun that in) isn't really about the religion angle in a major mainstream news story. No, this episode is a lot stranger than that.

Here are the two key equations at the heart of my latest conversation with host Todd Wilken.

First of all, millions and millions of Americans watch talk-TV commentary shows -- usually the ones featuring hosts with political and cultural views that mirror their own -- and it appears that they think they are watching the news. This happens on the left (think MSNBC and most of CNN) and it also happens, of course, on the right with Fox News.

The bottom line: Millions of Americans do not know the difference between basic news and advocacy news and commentary. They don't understand that many journalists are still committed to keeping bias, opinion and open advocacy out of their news work. This is having a serious impact on public discourse.

Meanwhile, there is this second fact: Millions of moral, cultural and religious conservatives are watching Fox News day after day, night after night, without giving any thought to what BRAND of conservatism is driving the particular commentary show that they are watching. (NOTE: Fox News does have one or two news shows left, such as Special Report, that mix basic news reports with commentary, often from panelists on the left, right and middle. It is interesting that this show was originally created by Brit Hume, a religious and cultural conservative with a long and solid background in mainstream news.)

Truth is, the whole Fox News operation has never been all that interested in the role that religion plays in America and the world, other than a few segments dedicated -- think "Christmas wars" -- to hot-button topics. Yes, commentator Todd Starnes focuses on religion quite a bit in his opinion pieces and analysis work on radio, but that isn't hard news or prime-time material.

So why would Fox News have little or no interest in religion?


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Tale of two Foxes: What kind, or kinds, of conservative values drive Fox News?

The question came up again last week, at the same point in my "Journalism Foundations" syllabus where it always does every semester -- during my lecture on Stephen Colbert and the role of humor and entertainment in today's news marketplace.

First there is this question: In his original show on Comedy Central, who was Colbert satirizing while playing a blow-hard conservative pundit with the power ties, dark suits and the "I calls 'em like I sees 'em" no-spin attitude? Whose style and worldview was he turning inside-out?

It usually takes a few seconds, but then someone -- usually a student who was raised in a Fox News home -- will say, "Bill O'Reilly."

That leads to the next question: What is the name of the cultural and political philosophy that drives the editorial policies of O'Reilly and many, but not all, of the giants associated with the world of Rupert Murdoch?

Students always start off by saying, "conservative." Then I say: That's too vague. There are many kinds of conservatism in American politics. What kind of conservative is O'Reilly?

Students usually add something like "right-wing," "ultra" or "fanatic." Eventually, someone will say "libertarian." A student or two may have paid attention to the show and know that this means that O'Reilly leans left, or remains silent, on moral issues, but is hard right on matters of economics and everything else. His worldview is defined by radical individualism.

We then talk about other kinds of conservatism and, in particular, the fact that Fox News -- which has a massive following among all kinds of conservatives -- offers little or no news and commentary on religious events and trends. There are some moral and cultural conservatives in the operation, but they were not the dominant voices in the Roger Ailes era.

As you may have guessed, this leads us to the massive New York Times story that exploded into social media the other day, the one with this dramatic double-decker headline:

Bill O’Reilly Thrives at Fox News, Even as Harassment Settlements Add Up
About $13 million has been paid out over the years to address complaints from women about Mr. O’Reilly’s behavior. He denies the claims have merit.

It's logical to ask: What does religion have to do with this story?

I would answer by saying, "I don't know."

However, my observation is that the Times team stacks up all kinds of facts -- many, but not all, with on-the-record sources -- that certainly seem to show that O'Reilly acts like he is a moral free agent when it comes to his attitudes toward women, sex and power.


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Gorsuch nomination rumble underscores need for religion writers to understand Constitutional law

Gorsuch nomination rumble underscores need for religion writers to understand Constitutional law

Religion reporters need to be knowledgeable on Constitutional law because U.S. federal courts continually handle newsworthy church-and-state dust ups. That is underscored by the partisan rumble over Supreme Court nominee Neil Gorsuch of the Denver-based 10th Circuit Court of Appeals (which will be the proverbial Sunday School picnic compared with the next Supreme Court vacancy.)   

The Left is aggrieved because Gorsuch wrote the circuit opinion favoring Hobby Lobby’s bid for a religious exemption from Obamacare’s mandatory birth-control coverage (the Supreme Court later agreed with him), and joined the court minority that backed similar claims from the Little Sisters of the Poor. A bit of the byplay:

Legal journalist Dahlia Lithwick typifies the critics, saying Gorsuch personifies an “alarming tendency” toward “systematically privileging the rights of religious believers” to “impose their views on others” as though their “faith must not be questioned, or even assessed.”  Evangelical attorney David French responds that in such conflicts a “human, natural, and constitutional right” properly takes priority over “a regulatory privilege.”

On Hobby Lobby, Planned Parenthood’s head protests that Gorsuch believes “bosses should be able to decide whether or not women should be able to get birth-control coverage.” A National Review editorial calls that a distortion because (1) the ruling affects only narrow cases that involve  the federal Religious Freedom Restoration Act, and (2) in any case employers cannot prevent employees from obtaining coverage.

Gorsuch reminded senators of two cases where he supported the religious liberty of non-Christians.


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