Lawsuits

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Happy July 4th! Now for an update on Tennesseans arguing about 'online' ministers

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Happy July 4th, everybody. This is certainly a day to celebrate the various forms of freedom that Americans cherish — including some that are pretty confusing, when push comes to shove.

I am thinking, in particular, about the First Amendment and the edgy legal battle that is unfolding here in Tennessee about the state’s ability to enforce a law setting some standards about who is an ordained minister and who is not. If you want to catch up on press coverage of this battle, click here for my first post and then here for the podcast discussing this topic: “This is not funny: Does the state have the right to call some faiths 'real' and others 'fakes'?”

It’s time for an update, since the status of click-that-mouse ministers with the Universal Life Church ended up in front of a federal judge yesterday. The Nashville Tennessean team produced a story for Gannett newspapers — which now dominate the volunteer state — that ran with this headline: “Judge questions 'rational basis' of state law blocking ministers ordained online from performing marriages.”

The bottom line: Gannett is covering this case as a battle about LGBTQ rights, since many same-sex couples choose nontraditional ministers to perform their marriage rites. There is little or no evidence that pros at The Tennessean realize that this case will pivot on the U.S. government’s attempts — think Internal Revenue Service — to establish some guidelines to help officials determine when religious institutions exist primarily for the purpose of profit or fraud. Here’s the overture:

A federal judge on Wednesday repeatedly pressed state lawyers to explain a "rational basis" for a new Tennessee law that bans ministers ordained online from performing marriages — and he didn't seem to get an answer that satisfied him.

Chief District Judge Waverly Crenshaw said a lawsuit challenging the law raised "serious constitutional issues" that should be considered at trial by the end of the year. Until then, Crenshaw said, ministers ordained online could continue to perform legal marriages.

The Universal Life Church Monastery, a ministry that ordains ministers online, sued Tennessee over the law last month, saying it violated religious protections of the First Amendment among other things.

Yes, there certainly are “serious constitutional issues” at stake here. I think any serious church-state activist — left or right — would agree with that statement and with the judge’s decision that fights over this Tennessee law deserve a serious day in court.

So what are Tennessee lawmaker’s worried about? We will get to that.


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This is not funny: Does the state have the right to call some faiths 'real' and others 'fakes'?

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This is not funny: Does the state have the right to call some faiths 'real' and others 'fakes'?

Back in my Denver dedace, I turned into a solid Denver Broncos fan.

That’s normal, of course, in Colorado. Following the Broncos was like, well, a RELIGION or something.

That’s precisely what I argued in a memo to the editor in 1988, when I argued that I should be part of the Rocky Mountain News team that was sent to cover the Broncos at the Super Bowl. I made a kind of sociological argument that, if Bronco fans were not practicing a religion of some kind, then the Denver area didn’t have a religion.

I didn’t win that argument. Then, during the media-fest preceding the game, this happened (as covered by the New York Times):

Most of the Denver Broncos and the Washington Redskins will join Saturday in a prayer meeting that is believed to be the first to bring together National Football League players from opposing teams on the eve of any game - much less a Super Bowl.

The meeting has created a sensitive situation. Front-office executives of both clubs are reportedly against the joint meeting, which they feel could diminish the competitive fervor the teams should take into such an important game.

John Beake, the Broncos' normally expansive general manager, was abrupt when asked about it this morning. 'Can't Say Anything'

''I can't say anything about it,'' he said, and told the caller to speak to the club's news media relations director, Jim Saccomano.

Yes, the editor asked me (still back in Denver) to dive in an help with coverage of this controversy.

In a way, this subject — broadly defined — is what host Todd Wilken and I talked about during this week’s Crossroads podcast. (Click here to tune that in.) What is a “religion”? Who gets to decide what is a ”real” religion and what is a “fake” religion?

The news hook for this discussion was Gannett Tennessee Network coverage of a new state law that would ban wedding ceremonies being conducted by people who have been ordained through online sites that hand out ordination certificates after a few clicks of a mouse. Here’s the GetReligion post on that.

Needless to say, the lawyers linked to the Universal Life Church Monastery website are not to crazy about that and they are saying that this law violates their First Amendment-protected freedom to practice their religious convictions.


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In Baptist circles, which is the more powerful position: SBC president or SBC seminary president?

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I have a fair amount of experience reporting on the Southern Baptist Convention, going back two decades when I served as religion editor for The Oklahoman and traveled to the denomination’s annual meetings.

In my time with The Associated Press in Dallas, I did a 2004 series on the 25th anniversary of the 1979 conservative takeover of the Southern Baptist Convention. Last year, freelancing for the Washington Post, I covered an all-night meeting at which Paige Patterson was removed as president of Southwestern Baptist Theological Seminary in Fort Worth, Texas.

But I’ll acknowledge that I’m no expert on the nation’s largest Protestant denomination. For example, I don’t have a clear idea of whether the Southern Baptist Convention’s president — an elected role generally filled by a pastor — is a more powerful, substantial position than serving as president of one of the denomination’s six regional seminaries. It seems to me that perhaps the seminary presidents are bigger, more major players in the long term.

The reason I bring this up is that the ongoing news coverage of the SBC’s sex abuse scandal — in which Patterson keeps making all the wrong kind of headlines — typically cites Patterson’s past SBC presidency before mentioning his tenure as seminary president.

In fact, the Fort Worth Star-Telegram — which should be as informed on this story as anyone — seems somewhat confused about which role Patterson was kicked out of last year.

Here’s the lede of the Star-Telegram’s report on a lawsuit (warning: the details are chilling) filed last week:

A woman who said she was threatened and humiliated after reporting multiple rapes to former Southern Baptist Convention president Paige Patterson has filed a lawsuit against him.

The lawsuit, which was filed by a former student of the Southwestern Baptist Theological Seminaryin Fort Worth, was unsealed this week. 

It says the woman was the victim of multiple violent sexual assaults on the school’s campus by a fellow student, who also was employed at the seminary, in 2014 and 2015. But even before she became a student, the lawsuit says, the seminary “was not a safe place for young women.”

But here’s the deal: Patterson was president of the SBC in 1999 and 2000. That was 20 years ago.


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As I head out the door: Online ordinations fight in Tennessee raises old church-state question

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If you have read GetReligion for a while — several years at least — you know that when you see images of mountains in East Tennessee and North Carolina, that means that it’s finally vacation season at this here weblog.

Well, “VACATION” doesn’t mean that we close down. It just means that people come and go — not to be confused with Bobby Ross, Jr., heading to Texas Ranger games — so you may see business days with one or two posts instead of the usual three. But the cyber doors will never close. I’m about to leave my home office in one set of mountains (the Cumberlands) to hide away (near a WIFI cafe) for a couple of days in the Blue Ridge Mountains.

But before I go, let me point readers to a very interesting church-state story developing here in the Volunteer State, a story that raises a very important question that shows up in religion news every now and then. The headline: “Internet church sues Tennessee over law banning weddings by online-ordained ministers.”

That question is: What — in legal, not theological terms — is a “church”? Here is the overture, care of the Knoxville News-Sentinel:

A Seattle-based online church is suing the state of Tennessee over a new law that bars online-ordained ministers from performing weddings.

Universal Life Church Ministries filed the suit in the U.S. District Court for the Middle District of Tennessee. … The law, which states that "persons receiving online ordinations may not solemnize the rite of matrimony" was to go into effect July 1. But Chief District Judge Waverly Crenshaw scheduled a July 3 hearing in Nashville on the restraining order requested by ULCM attorneys. …

ULCM describes itself as a "non-denominational, non-profit religious organization famous worldwide for its provision of free, legal ordinations to its vast membership over the internet." It has ordained more than 20 million people, including singer-actress Lady Gaga, talk show host Stephen Colbert and actor Dwayne "The Rock" Johnson.

The bottom line is right here:


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U.S. Supreme Court launched a new church-and-state era last week. Follow-ups, please.

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“Of making many books there is no end,” complains the weary author of the Bible’s Book of Ecclesiastes. And there’s no end to lawyers making many lawsuits trying to learn what the U.S. Supreme Court thinks the Constitution means when it forbids “an establishment of religion” by government.

Journalists should provide follow-up analysis of a new era in “separation of church and state” launched June 20 with the Court’s decision to allow a century-old, 40-foot cross at a public war memorial in Maryland. Importantly, we can now assess new Justices Neil Gorsuch and Brett Kavanaugh, who filed separate opinions supporting the cross display.

Actually, the nine justices produced a patchwork of eight separate opinions, which demonstrates how unstable and confused church-state law is.

Ask your sources, but The Guy figures the Court lineup now has only two flat-out separationists, Ruth Bader Ginsburg (age 86) and Sonia Sotomayor. While Samuel Alito managed to assemble five votes for part of his opinion, his four fellow conservative justices are unable to unite on a legal theory. Stephen Breyer and Elena Kagan seem caught halfway between the two sides.

Federal courts have long followed the “Lemon test,” from a 1971 Court ruling of that name that outlawed public aid for secular coursework at religious schools. Chief Justice Warren Burger’s opinion devised three requirements to avoid “establishment,” that a law have a “secular” purpose, “neither advances nor inhibits religion” and doesn’t foster “excessive government entanglement with religion.”

Kavanaugh declared that the Court has now effectively abandoned Lemon in favor of a “history and tradition test,” which permits some cherished religious symbols and speech in government venues despite the “genuine and important” concern raised by dissenters.


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The New York Times, Falwell, Trump and shady Florida real estate (Oh! And nude pictures!)

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The New York Times, Falwell, Trump and shady Florida real estate (Oh! And nude pictures!)

Long, long ago, there was a time when few newspaper editors in Texan could resist an opportunity to put the words “Baylor” and “Playboy” in the same headline. Yes, we are talking ages ago — back in the 1970s and ‘80s when Hugh Hefner was still considered a player.

Baylor, of course, was the state’s most prominent Baptist institution. Playboy was Playboy. Clickbait didn’t exist, but everyone knew that combining “nude” and “Baptist” would draw cheers in secular newsrooms.

Why bring that up? It appears that the Donald Trump-era version of that editorial state of mind is a story that puts “Falwell” and “pool boy” in the same headline. Oh, and don’t forget the hyper-clickable words “nude pictures.” And prison-resident “Michael Cohen.” And alleged comedian “Tom Arnold.”

With those lowbrow ingredients, some New York Times professional showed remarkable self-control when writing this headline: “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen.”

During this week’s “Crossroads” podcast — click here to tune that in — I told host Todd Wilken that you can sense that this headline was supposed to be “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen, oh my!” You know there had to be some Times voices arguing in favor of including “Falwell” and “nude pictures.”

Days later, it’s remarkable how little traction this story has gained. So far, even The Drudge Report has resisted adding a racy headline about it. While liberal Twitter has gone loco (see some of the attached tweets), there hasn’t been a mainstream firestorm — which is what usually happens when a neo-tabloid tale of this kind is baptized into mainstream journalism by the holy New York Times. What’s going on here, in terms of journalism? Here at GetReligion I noted:

Everything begins and ends with politics, of course, even in a story packed with all kinds of sexy whispers and innuendo about personal scandals. …

Basically, this story is built on real estate and court documents (that’s the solid stuff), along with a crazy quilt of materials from sources like Cohen, reality-TV wannabe Arnold, BuzzFeed and a pivotal anonymous source (allegedly) close to Falwell who readers are told next to nothing about, even though he/she is crucial to this article’s credibility.

In social media, lots of folks have simply led their imaginations run wild.


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Gray Lady goes neo-tabloid: Evangelicals, Trump, Falwell, Cohen, Tom Arnold, 'cabana boy,' etc.

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I think that it’s safe to say that Jerry Falwell, Jr., has had a rough year or two.

I don’t say that as a cheap shot. I say that as someone who has followed the adventures of the Falwell family and Liberty University with great interest since the early 1980s, when elite newsrooms — The New Yorker came first, methinks — started paying serious attention to the late Rev. Jerry Falwell.

Of course, there is a good reason for political reporters and others to dig into Falwell, Jr., affairs. His early decision to endorse Donald Trump, instead of Sen. Ted Cruz, helped create the loud minority of white evangelicals who backed The Donald in early primaries. Without them, including Falwell, Trump doesn’t become the nominee and then, in a lesser-of-two-evils race with Hillary Clinton, squeak into the White House.

So that leads us to a rather interesting — on several levels — piece of neo-tabloid journalism at the New York Times, with this headline: “The Evangelical, the ‘Pool Boy,’ the Comedian and Michael Cohen.” The “evangelical,” of course, is Falwell.

Everything begins and ends with politics, of course, even in a story packed with all kinds of sexy whispers and innuendo about personal scandals. Thus, here is the big summary statement:

Mr. Falwell — who is not a minister and spent years as a lawyer and real estate developer — said his endorsement was based on Mr. Trump’s business experience and leadership qualities. A person close to Mr. Falwell said he made his decision after “consultation with other individuals whose opinions he respects.” But a far more complicated narrative is emerging about the behind-the-scenes maneuvering in the months before that important endorsement.

That backstory, in true Trump-tabloid fashion, features the friendship between Mr. Falwell, his wife and a former pool attendant at the Fontainebleau hotel in Miami Beach; the family’s investment in a gay-friendly youth hostel; purported sexually revealing photographs involving the Falwells; and an attempted hush-money arrangement engineered by the president’s former fixer, Michael Cohen.

The revelations have arisen from a lawsuit filed against the Falwells in Florida; the investigation into Mr. Cohen by federal prosecutors in New York; and the gonzo-style tactics of the comedian and actor Tom Arnold.

Basically, this story is built on real estate and court documents (that’s the solid stuff), along with a crazy quilt of materials from sources like Cohen, reality-TV wannabe Arnold, BuzzFeed and a pivotal anonymous source (allegedly) close to Falwell who readers are told next to nothing about, even though he/she is crucial to this article’s credibility.

One key anonymous source? That’s right.


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Friday Five: SBC wrap-up, Catholic hotline, #ChurchToo, abuse lawsuits, cult ranch, VeggieTales

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Southern Baptists in Birmingham. Roman Catholics in Baltimore.

Clergy sexual abuse scandals, obviously, high on the agendas in both places. Lots of reporters in the house, in both places.

Yes, the annual meeting of the nation’s largest Protestant denomination and the spring general assembly of U.S. Catholic bishops made lots of headlines this week.

So we better dive right into the Friday Five:

1. Religion story of the week: The Tennessean’s Holly Meyer has a nice wrap-up of the SBC meeting, reporting on three ways churches will tackle abuse after the meeting.

The Washington Post’s Sarah Pulliam Bailey also has an interesting roundup, explaining that while the SBC took action, some question whether it’s enough.

Meanwhile, the Post’s Julie Zauzmer and Michelle Boorstein delve into the pros and cons of the Catholic bishops’ decision to create a hotline for reporting abuse.

Some of the GetReligion posts on the Baptists and Catholics this week:


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Matt Chandler's Southern Baptist Convention 'interview' shows how not to deal with bad press

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Earlier this week, tmatt wrote about and spotlighted a New York Times bombshell about what certainly appeared to be the cavalier approach a major Southern Baptist megachurch took to dealing with a sexual predator in its midst.

A summation of the Times piece is further down in my post, but the damage done by this article was so extensive that the Rev. Matt Chandler, the pastor, broke away from his sabbatical to fly to Birmingham in an attempt to salvage his reputation. He showed up at a lunch meeting of Baptist pastors to answer questions from an emcee but — here’s the key — not to take questions from the audience.

The video of that “interview” is atop this piece. It’s a headshaker and a perfect example of how way too many religious leaders think journalism is supposed to be public relations. The pastor’s first sentence out of the blocks is, “I’m here because I don’t want what we’re trying to do to lose momentum and steam.”

It’s not “I’m concerned for the victim and her family,” or “I feel we messed up and I want to apologize,” but no, he doesn’t want to derail his church’s expansion plans. (Additional note - it’s been pointed out to me that Chandler was referring to movement within the SBC for a meaningful resolution on the abuse issue, not about his church’s future, so I stand corrected there.)

The Times reporter who’d broken the story tweeted that she planned to attend the pastor’s appearance. I still haven’t found out whether she managed to nab him in the hallway beforehand or afterwards.

She did run this piece on his speech:


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