Lawsuits

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Kings Bay nuclear protestors: Was this civil disobedience or a matter of religious liberty?

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It’s hard to live in Oak Ridge, Tenn., without learning a thing or two about civil disobedience, especially demonstrations linked to nuclear weapons. No matter what goes on inside the Oak Ridge National Laboratory — in terms of energy, medicine, the digital future, etc. — this top-secret research facility will always be known for its role in America’s history of atomic bombs and beyond.

This leads to protests. Some of them cross the line into civil disobedience, which raises interesting historical, legal and even theological questions. Hold that thought, because we will come back to it.

There is a very similar story unfolding elsewhere in the Bible Belt, as seen in a recent report — “Judge denies nuclear protesters’ religious freedom defense” — from Religion News Service. Here is the overture:

(RNS) — A federal judge has denied a request by a group of Catholic peace activists to dismiss charges against them for breaking into a nuclear submarine base in Kings Bay, Georgia, last year to protest nuclear weapons.

The seven activists, individually and through their lawyers, used a novel defense, citing the Religion Freedom Restoration Act, a 1993 federal law that says the government may not burden the faith practices of a person with sincerely held religious beliefs.

But Judge Lisa Godbey Wood, a federal judge in the U.S. District Court for the Southern District of Georgia, denied that defense and scheduled a jury trial for Oct. 21.

The activists, known as the Kings Bay Plowshares 7, face up to 25 years in prison each for trespassing on the U.S. Navy base, which houses six Trident submarines designed to carry nearly 200 nuclear warheads apiece. The seven, mostly middle-aged or elderly, will each stand trial on three felonies and one misdemeanor: destruction of property on a naval installation, depredation of government property, trespass and conspiracy.

Now, there are all kinds of questions I’d like to ask at this point.

First of all, I assume we are talking about the Religious Freedom Restoration Act, as opposed to the “Religion” Freedom Restoration Act that is mentioned here. RNS needs to make a correction.

But it would appear that the basic idea is that the protestors had a right to violate the law as an act of religious conscience. It would be interesting to know more the specifics of their claims.


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Minnesota media mull over whether Christian video company can refuse to film gay weddingss

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We’ve been writing about the news coverage of the wedding-cake wars for some time, by which I mean lawsuits filed by gay couples against bakers, photographers, wedding venue owners and anyone else whose religious beliefs clash with same-sex marriage.

A few years ago, one of these vendors –- a St. Cloud, Minn., couple that does wedding videos -– saw the Masterpiece Cakeshop U.S. Supreme Court case involving Colorado baker Jack Phillips and his refusal to bake a cake for a same-sex wedding and read the tea leaves. Phillips could be them. They did a preemptive lawsuit asking for the right to not have to film events that were against their religious beliefs.

The courts kept on rejecting them until very recently. The Minneapolis Star-Tribune says what happened next.

A three-judge federal appeals court panel cleared the way Friday for a St. Cloud couple suing Minnesota over the right to refuse to film same-sex weddings, arguing that the videos are a form of speech subject to First Amendment protections.

Carl and Angel Larsen, who run a Christian videography business called Telescope Media Group, filed a federal suit in 2016 against Minnesota's human rights commissioner, saying the state's public accommodation law could hit them with steep fines or jail time if they offered services promoting only their vision of marriage.

Writing for the panel's 2-1 majority, Judge David Stras, a former Minnesota Supreme Court justice, found A the First Amendment allows the Larsens to choose when to speak and what to say, and that their free speech rights would be violated should their business be penalized under the Minnesota Human Rights Act.

The Associated Press also covered this story:

Judge Jane Kelly issued a dissenting opinion.

“That the service the Larsens want to make available to the public is expressive does not transform Minnesota’s law into a content-based regulation, nor should it empower the Larsens to discriminate against prospective customers based on sexual orientation,” Kelly wrote.


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Is Cardinal Pell guilty? Some believe that how a Catholic answers signals virtue or vice

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So, is Cardinal George Pell of Australia guilty or innocent?

If you say “yes,” is that answer a form of virtue signaling during the ongoing hell of the multi-decade Catholic clergy sexual abuse crisis?

If you answer “no,” does that mean that you aren’t taking the crisis seriously and that you want bishops and priests to be able to escape justice?

If you answer “yes,” are you a loving pro-Pope Francis progressive?

If you answer “no,” does that mean that you are a hateful traditionalist who is on the wrong side of history on this issue and many others?

What if you say that you are worried about the quality of the evidence and that you are worried that public officials in Austrailia have listened to an anti-clerical mob and rushed to judgement? If you are hard questions about the evidence — like a good skeptic or journalist would — does that mean you are a hater and don’t care about the victims?

It’s somewhat unusual to run a think piece on Monday, but I really think that readers — especially journalists — will want to read the short Crux essay that ran the other day with this headline: “Ruling cements Pell’s profile as the Dreyfus or Hiss of the Catholic abuse crisis.” The author, of course, is John L. Allen, Jr.

Allen uses a genuinely scary metaphor — if you know your European history — to describe this case. Here is the key, thesis passage, after Pell’s recent appeal was rejected:

Though Pell’s judicial odyssey may not be over, [the] ruling likely does represent the final word on another aspect of the case: George Pell is now officially the Alfred Dreyfus of the Catholic abuse crisis, meaning that opinions about his guilt or innocence are at least as much a reflection of one’s ideological convictions as about the actual evidence in the case.

Dreyfus, of course, was the French artillery officer of Jewish descent charged with treason in 1894 for allegedly passing military secrets to the Germans, spending five years on Devil’s Island. Dreyfus was eventually acquitted and reinstated to his army position, but for more than a decade, opinions about his guilt or innocence functioned as a bellwether for broader political and cultural tensions, pitting Catholic and traditionalist “anti-Dreyfusards” against pro-Republican and anti-clerical liberals.


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This Kentucky printer won't make gay pride T-shirts. Is sexual discrimination or religious freedom key?

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Arlene’s Flowers.

Masterpiece Cakeshop.

And yes, Hands On Originals, the T-shirt shop that will be the focus of today’s discussion.

All of these businesses — in Washington state, Colorado and Kentucky — have been the subject of past GetReligion posts exploring media coverage of the intersection of sexual discrimination and religious freedom.

Often, the gay-rights side receives preferential coverage on this topic. News reports frequently focus on the “refusal of service” aspect as opposed to sincere claims of free speech and religion. But what about the Lexington Herald-Review story that we’ll critique today?

Does it reflect both sides? Does it treat everyone fairly? Does it make the clear the competing legal arguments?

Yes, yes and yes.

The lede explains the history:

More than seven years after a Lexington shop refused to make T-shirts for the 2012 Lexington Pride Festival, the Kentucky Supreme Court will hear arguments Friday about whether or not the company violated the city’s Fairness Ordinance.

Before the case began moving through the court system, the Lexington-Fayette Urban County Human Right’s Commission accused the business of violating the ordinance that prohibits discrimination. In 2015, Fayette County Circuit Court Judge James Ishmael reversed the commission’s decision, saying there was no violation.

The Kentucky Court of Appeals upheld Ishmael’s ruling in 2017 with a 2-1 vote.


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tmatt returns to Colorado, plus a brief debate about some basic GetReligion work

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Greetings from one of my favorite, somewhat obscure corners of the wonderful state that I called home for about a decade, back in the 1980s and early 1990s. That would be Colorado.

At the moment, I’m on vacation out West with family. Bobby is in Southern California and I’ll be stunned if he doesn’t manage to produce a post on his smartphone while inside Dodger Stadium.

It’s summer. The result is often fewer posts and even a tweaked schedule. Some of our quick posts may even be a little strange — like this one.

The other day I received a comment that deserves discussion. It was a criticism of my recent post with this headline: “Associated Press digs into hush-hush network that protects priests – on Catholic right only.” The key AP statement:

Still, since 2002, Opus Bono has played a little-known role among conservative Catholic groups that portray the abuse scandal as a media and legal feeding frenzy. These groups contend the scandal maligns the priesthood and harms the Catholic faith.

Are there groups on the Catholic right that do this? Yes. Are there groups and networks on the Catholic left that do this kind of work? I wrote:

… At the heart of the accusations swirling around men like former cardinal Theodore McCarrick (and others) are claims that these men have been hidden and supported by networks of powerful Catholics inside and outside the church. The questions I keep asking: Who helped McCarrick come to power? Who protected him? Who profited from his support and protection?

AP has raised very serious issues about Opus Bono and shown strong signs of work that crossed ethical and doctrinal lines. But is the assumption that there are no similar problems in groups — perhaps inside church structures — with ties to the Catholic left?

This Associated Press report does not contain a single factual hint that this problem exists anywhere other than on the Catholic right. It contained valid and important information, but failed to provide essential context — that the Catholic clergy sexual abuse scandal is not a left-right thing. This cover-up is too big for that.

A frequent GetReligion commentator defended the AP piece, arguing that the AP report was not about the abuse scandal, or even the problem of Catholic leaders hidingthese crimes, but:


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Quebec religious symbols law gets fair, if bewildered, treatment by news media pros

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It’s called the Quebec religious symbols law and it’s an odd one.

Passed in June, public employees, such as police officers, government workers and school teachers, are forbidden from wearing any religious regalia. It’s been on appeal ever since and just got approved for a hearing in front of Canada’s highest court.

After plowing through several Canadian newspapers, I found the most succinct explanation in The Atlantic::

Bill 21, or its official name, “An Act Respecting the Laicity of the State,” was passed last month, after Quebec’s center-right government held a marathon parliamentary session—and curbed debate in the face of staunch opposition. Yet polls nevertheless show the legislation is popular—63 percent of Quebecers support a ban on judges, police officers, and prison guards wearing religious symbols; 59 percent back such a restriction on teachers, too. The legislation, which applies only to new hires or those who change jobs within an organization, means workers in positions of authority in public schools, courtrooms, law enforcement agencies and other places can no longer wear such symbols.

Being that this includes public school teachers (and aides too, I’m guessing), that’s a lot of now-forbidden jobs.

That this debate is happening in Quebec is no surprise, given its history and how it views itself compared with the rest of Canada. Some Quebecers fear that the broader Canadian policy of multiculturalism will erase their “distinct identity” as a French-speaking province. These concerns have translated into efforts such as Bill 21.

Actually, the Quebecers are copying what’s going on in France, where it’s been illegal to wear full face-coverings in public in France since 2010. (There is not a national ban on hijabs, which simply cover the woman’s head and hair.) Since 2004, it has also been illegal to wear conspicuous religious symbols, including headscarves but also yarmulkehs and crucifixes, in French state schools.

The province’s version of laicity is not quite the laïcité most commonly associated with France, which has a complete separation of religion from the public space, but it’s not too far off either…

However, the Canadian law is stricter than what was passed in France.


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Associated Press digs into hush-hush network that protects priests -- on Catholic right only

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If there was an omnipresent reader who had somehow managed to follow my 30-plus years of work linked to the Catholic clergy sex crisis, I think that she or he would have spotted at least one overarching theme.

The big idea: This is a scandal that cannot be divided according to liberal and conservative prejudices. Anyone who tried to do that would have to avoid too many case studies, too many tragedies, too many people — on the left and right — hiding too many crimes. I have argued that wise, patient reporters will listen to liberal and conservative activists and then search for issues and ideas that they share in common.

Hold that thought, because I will end with that.

Every now and then, we see an important story produced by journalists (often in the mainstream press) who seem to think the scandal is all about the sins of conservatives or (often in some independent Catholic publication) all about the sins of liberals.

The Associated Press just produced a story of this kind, a report that raises important issues and was built on tons of journalism legwork to get solid sources. It’s a valid and important story. But it appears that these journalists only saw half of a larger tragedy. The headline: “Unmarked buildings, quiet legal help for accused priests.”

Yes, secrets were uncovered. But stop and think about that headline. Is the assumption that all Catholic priests accused of sexual abuse are, in fact, guilty? Is it possible to imagine that some Catholics might support efforts to research and clear the names of priests who they believe have been falsely accused and have valid reasons to do so? And are all these efforts on the right? Just asking.

Here is the AP overture:

DRYDEN, Mich. (AP) — The visiting priests arrived discreetly, day and night.

Stripped of their collars and cassocks, they went unnoticed in this tiny Midwestern town as they were escorted into a dingy warehouse across from an elementary school playground. Neighbors had no idea some of the dressed-down clergymen dining at local restaurants might have been accused sexual predators.

They had been brought to town by a small, nonprofit group called Opus Bono Sacerdotii. For nearly two decades, the group has operated out of a series of unmarked buildings in rural Michigan, providing money, shelter, transport, legal help and other support to hundreds, perhaps thousands, of Catholic priests accused of sexual abuse across the country.

Again and again, Opus Bono has served as a rapid-response team for the accused.

That leads us to the big, sweeping thesis statement:


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Haunting words: What did Jeffrey Epstein mean when he used the term 'spiritual stimulation'?

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I have followed the acidic soap operas (timeline here) surrounding Jeffrey Epstein for more than a decade. That may sound strange, but there’s a logical reason — I lived in West Palm Beach from 2001-2005 and taught at Palm Beach Atlantic University, right next to the mini-towers of Trump Plaza.

Yes, that was a long time ago, back when Donald Trump was embracing his good buddies Bill and Hillary Clinton and acting like a rather mainstream Democrat, in terms of moral and social issues. And it was impossible to read the news in the Sixth Borough of New York without bumping into the kingdom of Trump. That included, from time to time, the people being courted — socially speaking — by Epstein and Co.

Life behind the scenes? That, of course, is where everyone who cares about the details of this sordid affair has to dig into the essential “Perversion of Justice” series by Julie Brown of The Miami Herald. Download it into an iPad program of some kind, because you’ll have to read it in painful chunks.

So why bring this up here at GetReligion? To be blunt: I am waiting for some kind of religion shoe to drop, some angle linked to twisted religion or anti-religious convictions. In my experience, great evil almost always involves twisted religion or blunt, demonic rejection of what is good, beautiful and true.

In one recent story, I was struck by an Epstein statement — when he was a young prep-school teacher — that mentioned his use of “spiritual” activities with his students. Hold that thought.

Meanwhile, everyone is waiting to see the long lists of people who socialized with Epstein, did “business” with him or both. Some of those names — such as Bill Clinton and Donald Trump — are already known.

Will the list contain hypocrites as well as libertines? Of course it will. We live in a sinful and fallen world.

A new Vanity Fair piece on this scandal notes that it’s hard to talk about the mysteries of Epstein’s fortune without getting into the moral dynamics inside his entourage and clients:

In the absence of much other information, the reigning theory on Wall Street currently is that Epstein’s activities with women and girls were central to the building of his fortune, and his relations with some of his investors essentially amounted to blackmail.


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Hey CNN: Was a Catholic-school teacher in Indianapolis fired for 'being gay'? Period?

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During my four decades or so in religion-beat work — as a reporter and then as a national columnist — I have covered or attempted to cover countless (trust me on that) stories linked to the lives of LGBTQ Catholics.

I also, in the early 1990s (after I had left the Rocky Mountain News) interviewed for a teaching post at a Jesuit university, where I was grilled about my support for many Catholic Catechism statements on sexuality (I was an evangelical Anglican at the time). I was told that I would threaten gay students and others in the campus community.

Through it all, I have learned one thing: It is impossible to stereotype the lives or beliefs of many, many gay Catholics. There is no such thing as an archetypal “gay Catholic.”

This brings me — I apologize, right up front — to yet another mainstream news report about Catholic schools, church doctrines, teacher contracts, doctrinal covenants and “gay” teachers. Yes, here we go again.

In this case, look at the overture in this CNN story, under this headline: “An Indiana teacher is suing his archdiocese, saying he was fired from a Catholic school for being gay.”

The key words, of course, are “fired … for being gay.” Here’s the top of this story:

A former Catholic school teacher is suing the Archdiocese of Indianapolis, saying that he was fired because of his sexual orientation.

Joshua Payne-Elliott had taught at Cathedral High School for 13 years. But despite renewing his contract in May, the school fired him a month later under the directive of the archdiocese, he says.

On Monday, Payne-Elliott's attorney announced a confidential settlement with Cathedral High School. His new lawsuit is against the Archdiocese of Indianapolis, which he says forced the high school to fire him.

The dispute between the archdiocese and Payne-Elliott, who is publicly named for the first time in the suit, is unusual because his husband is also a teacher at a Catholic high school in Indianapolis. His husband teaches at Brebeuf Jesuit Preparatory School, which was also asked by the archdiocese to fire their teacher after the same-sex marriage was made public in 2017 on social media. The Jesuits refused.

Fired “for being gay” then leads to the follow-up statement that this teacher was “fired because of his sexual orientation.” The key term is “orientation.”

Let’s stop and think about this for a second.


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