Lawsuits

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Gay-rights lawsuit against big seminary ties into '20 elections and pending Supreme Court case

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With 2,900 students, Fuller Theological Seminary in California is one of the world’s largest and most influential clergy training grounds. The evangelical Protestant school believes that biblical teaching requires its faculty, students and staff to limit “sexual union” to marriage “between one man and one woman” while singles observe abstinence.

That moral stance, upheld across centuries in Judaism, Christianity, and Islam, now faces substantial legal and political resistance. 

Fuller's policy provoked a first-of-its-kind federal lawsuit, high on the developing news docket, that was joined last week by Nathan Brittsan, an American Baptist Churches USA clergyman. Those seeking background can see local coverage here and Religion News Service coverage right here. Fuller expelled Brittsan in 2017, just before he was to begin studies, when it learned about his gay marriage. 

Let’s back up a step. The suit was originally filed last November by Joanna Maxon, a student expelled during her last semester in 2018 after her lesbian marriage came to light. (Click here for Julia Duin’s GetReligion post criticizing Los Angeles Times coverage of Maxon’s complaint.)  

Paul Southwick, the attorney for Brittsan and Maxon, makes a straightforward claim that any religious school that discriminates on the basis of sexual activity by gays and lesbians should be penalized and lose federal aid. He thinks the case “could set an important legal precedent,” and notes that Fuller allowed a student accused of heterosexual sinning to remain enrolled.

Fuller is defended by the Becket Fund for Religious Liberty. The spokesman there said what’s at stake is the right of religions to educate their leaders “free from government entanglement.” There’s potential support in the Supreme Court’s unanimous 2012 Hosanna-Tabor ruling against an Obama Administration bid to deny religious exemption under employment law. 

A different tack against religious schools occurred when the regional accreditation of Gordon College was questioned.


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Trigger warning! New Crossroads podcast contains dis-United Methodist time travel

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I don’t need to write a new GetReligion post about this week’s “Crossroads,” do I?

After all, this podcast conversation with host Todd Wilken (click here to listen) focuses on why United Methodists on the doctrinal left and right, as well as establishment players in the middle, are now bracing for divorce. In one form or another, I’ve been writing this post since the early 1980s.

What we need is a time machine (I’m a fan of Doctor Who No. 4) so that I could let readers bounce around in United Methodist history and see why all those new headlines about a proposed plan to break-up this complicated church need to be linked to trends and events in the past.

So here we go. Stop No. 1 in this time-travel adventure is Denver, in the year 1980 (care of a GetReligion post with this headline: “United Methodism doctrine? Think location, location, location”).

… It was in 1980 — note that this was one-third of a century ago — that Bishop Melvin Wheatley, Jr., of the Rocky Mountain Annual Conference of the United Methodist Church announced … he was openly rejecting his church's teaching that homosexual acts were "incompatible with Christian teaching."

Two years later, this United Methodist bishop appointed an openly gay pastor to an urban church in Denver. When challenged, Wheatley declared: "Homosexuality is a mysterious gift of God's grace. I clearly do not believe homosexuality is a sin."

This date is crucial, because it underlines the fact that the United Methodist Church’s doctrine that homosexual acts are “incompatible with Christian teaching” has been on the books for decades.

That’s why the following passage — from the New York Times a few days ago — is so misleading. The wording here gives the average reader the impression that this doctrine is something that conservatives pulled out of their hats in 2019. This Times report stated that a global split has been:


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After decades of fighting, United Methodists avoid a visit from ghost of the Episcopal future?

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It’s the Methodist question I have heard the most from GetReligion readers (and even locals here in East Tennessee) over the weekend.

I will paraphrase: If the conservatives have been winning the big votes at United Methodist conferences for the past couple of decades, then why are news reports saying that the traditionalists have agreed to “leave the United Methodist Church”?

This is the response that popped into my head a few hours ago after round of news reports, Twitter and online buzz: Basically, I think conservative Methodists have been visited by the Ghost of the Episcopal Future.

Methodist traditionalists are not interested in 50 years of hand-to-hand legal conflict with the entrenched United Methodist principalities and powers. Hold that thought. Meanwhile, I will admit that it’s hard to see the logic of this statement in any one news report. Let’s start with some math from the Associated Press:

Members of the 13-million-person denomination have been at odds for years over the issue, with members in the United States leading the call for full inclusion for LGBTQ people. 

The rift widened last year when delegates meeting in St. Louis voted 438-384 for a proposal called the Traditional Plan, which affirmed bans on LGBTQ-inclusive practices. A majority of U.S.-based delegates opposed that plan but were outvoted by U.S. conservatives teamed with delegates from Methodist strongholds in Africa and the Philippines.

By the way: The numbers in that first paragraph are accurate, as opposed to the following circulated by Reuters: “The United Methodist Church lists more than 13 million members in the United States and 80 million worldwide.” That’s way off, but quite a few online and broadcast outlets picked up that error and ran with it.

Accurate math really is important here. So are the doctrines that are at stake, which are much broader than battles over marriage and sexuality (see my two “On Religion” columns about these trends here, and then here).

The key is two realities that are in constant tension.


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Latter-day Saints march out: AP needed to talk to religious groups that still back Scouting

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For leaders of the organization formerly known as the BOY Scouts, the clock is ticking toward a radically different New Year that will change all kinds of equations in the struggling organization that once occupied the safe middle-ground in American culture.

I am referring to the moment when entire troops of boys in the faith group formerly known as the Mormons will begin hitting the exit doors of Scouting. (Click here for lots of GetReligion posts on this topic.)

This is the kind of symbolic event that deserves a big feature story from the Associated Press — ”Mormons pulling 400,000 youths out of struggling Boy Scouts“ — which will run in mainstream newspapers from coast to coast — as it should.

It’s a good story. The question, for me, is whether it needed to dedicate two or three paragraphs to the big picture — as in other angles linked to religion that will affect Scouting in the near future. Hold that thought, because we will return to it. Meanwhile, here is the overture of this new AP piece:

KAYSVILLE, Utah (AP) — For decades, The Church of Jesus Christ of Latter-day Saints was one of Boy Scouts of America’s greatest allies and the largest sponsor of troops. But on Jan. 1, the Utah-based faith will deliver the latest blow to the struggling organization when it pulls out more than 400,000 young people and moves them into a new global program of its own.

The change brings excitement and some melancholy for members of the faith and may push the Boy Scouts closer to the brink of bankruptcy as it faces a new wave of sex abuse lawsuits. 

Losing the church will mean about an 18% drop in Boy Scout youth membership compared with last year’s numbers and mark the first time since the World War II era that the figure will fall below 2 million. At its peak in the 1970s, more than 4 million boys were Scouts.


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Emergency contraception clashes with generic 'beliefs'? Readers needed more facts

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Back in my hard-news reporting days, I did more than my share of stories that I knew were going to make people angry. I knew that some of them would call the newsroom to complain to editors.

Welcome to the religion beat. On some stories there’s no way to make everybody happy. In fact, I learned that it was possible to do coverage that made people on both sides mad. This was especially true when covering topics linked to abortion, where there are often extreme activists on both sides — people who want their views in the newspaper and not the views of their opponents.

When covering this kind of story, I often knew that I would make both sides mad and that was a good thing, if it meant that I provided information that was crucial to the beliefs and arguments of “pro-livers” and “pro-choice” people.

That leads me to a recent story that was called to my attention by a longtime liberal reader of this blog. The headline: “MN woman sues two pharmacies for refusing to fill emergency contraception prescription.”

The woman at the heart of the story, 39-year-old Andrea Anderson, is a mother with five children who went to her doctor with an urgent request. Here’s the heart of the story:

Anderson's doctor wrote a prescription for emergency contraception. She called ahead to Thrifty White Pharmacy, the only drug store in town, to make sure the morning-after pill would be available.

"You have five days to take it, so the clock was ticking," Anderson said.

But in a lawsuit filed Tuesday in Aitkin County, with the help of Gender Justice, a legal nonprofit, Anderson alleged the pharmacist George Badeaux refused to fill it based on his "beliefs" and "warned" against trying another nearby pharmacy. 

Yes, we have the word “beliefs” in scare quotes. But this time around, that’s not the big problem here.

As the GetReligion reader noted: “Gonna guess religion had something to do with those ‘beliefs.’ Just a hunch.”


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Big story: How to properly cover laws regarding sex abuse and Catholic church bankruptcy

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It’s been 17 years since The Boston Globe published its groundbreaking series on clergy sex abuse.

Some two decades later, a political shift in state legislative bodies and fallout from the #MeToo movement have all collided to bring what many warn is a financial reckoning that could cripple the Catholic church in America.

It was more than a year ago — on November 28 to be exact — that I warned in a GetReligion post about how the church would be hit with a blizzard of lawsuits in 2019 and what a massive story it would be.

Here’s an excerpt from that post:

As the scandals — that mostly took place in past — continue to trickle out in the form of grand jury reports and other investigations, look for lawmakers to try and remedy the situation for victims through legislation on the state level.

With very blue New York State voting to put Democrats in control of both the state Assembly and Senate (the GOP had maintained a slight majority), look for lawmakers to pass (and Gov. Andrew Cuomo, a Catholic, to sign) the Child Victims Act. The Empire State isn’t alone. Other legislatures in Illinois, Missouri, Nebraska, New Jersey and New Mexico are considering similar measures.

The New York legislation would allow victims of abuse suffered under the age of 18 to seek justice years later as adults. Removing the statute of limitations on cases involving private institutions, like the Boy Scouts and Jewish yeshivas, is at the heart of the battle.

New York did indeed pass the law — and may other states followed in its footsteps. In all, 15 states and the District of Columbia have changed their statute of limitations over the past two years in order to allow for lawsuits regarding rape and sexual assault allegations dating back many decades to be brought to court. In many cases, the offender is long dead.


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NBC News toasts Pete Buttigieg in a hit piece aimed (#Surprise) at the Salvation Army

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Here we go again. No doubt about it, one of the key stories of the day offers a fiery mix of politics, money, sexuality, social justice and, yes, religion.

I’m talking about this NBCNews.com headline: “Pete Buttigieg criticized for volunteering with Salvation Army.”

Stay tuned for upcoming debates featuring Democrats seeking the White House. Will this issue have legs in the news? Maybe. Maybe not. I think it depends on whether candidates on the woke side of the party decide that it is good or bad for their prospects for an openly gay candidate to even hint at a willingness for dialogue and tolerance on religious-liberty issues.

Meanwhile, there is this journalism question: Does anyone at NBC News realize that the Salvation Army is a CHURCH as well as a major provider of help to the poor? Hold that thought. First, here is the overture:

Pete Buttigieg is drawing criticism after pictures of him volunteering for the Salvation Army, which has historically opposed gay rights, recently resurfaced on social media.

In the photos, Buttigieg is seen standing outside Peggs restaurant in South Bend, Indiana, where he is the mayor, for the Red Kettle Ring Off, an annual charity initiative during which public officials compete to raise money for the Salvation Army. While the photos were from 2017, Buttigieg, who has surged to the top of many polls of Democratic presidential candidates in Iowa, has been participating in the event since at least 2015, according to local news reports. He also held an event at the Salvation Army in South Bend last year. 

“I know the photos are two years old, but still, I can't help but wonder if Mayor Pete just looks at what LGBTQ activists have been working on for years and then chooses to spite it,” tweeted Zach Ford, press secretary of the Alliance for Justice, a progressive judicial advocacy organization.


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Separation of church, state and pot: NYTimes says religious liberty issues here are not a joke

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Think of it as one of the defining mantras of America’s church-state orthodoxy: state officials are supposed to avoid getting entangled in deciding what is good doctrine and what is bad doctrine. They are, of course, allowed to worry about matters of profit, fraud and clear threat to life and health.

However, the legal powers that be have also had wrestle with other questions tied to the stunningly liberal (in the old sense of that word) framework created by the First Amendment: Who gets to decide what is a “religion” and what is not? How does the state decide who is sincere and who is, well, sleazy?

You can see all of these issues rumbling about in an important New York Times piece that I have been trying to sort out for some time now. This topic has been covered before (click here for earlier GetReligion posts), but this story — in my opinion — probes deeper. Here is the sweeping double-decker headline:

Inside the War for California’s Cannabis Churches

Illegal marijuana dispensaries outnumber legal ones more than three to one in California. What’s the role of the cannabis church?

Now, church-state experts have — at the U.S. Supreme Court and in Congress — wrestled with issues related to religious rights that involve drugs that are or have been illegal. It’s natural to ask if these religious organizations are offering rites incarnating centuries of religious traditions and doctrines (think Native Americans and peyote) or are they modern innovations to help people avoid laws they do not accept?

At first, I thought that money questions were going to completely dominate this Times piece — which is understandable. Is the Jah Healing flock a church or a cannabis storefront? I was glad when broader church-state issues entered the discussion.


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Religious Freedom Restoration Act: AP story shows why this is a law liberals could love

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Many of us may have heard of the Religious Freedom Restoration Act, which has been in effect since 1993 during the administration of President Bill Clinton. This was an era in which a broad coalition of liberals and conservatives often worked together on religious liberty issues.

Of course, RFRA has been vilified by liberals as a sop to conservatives, chiefly because it was used successfully in the 2014 U.S. Supreme Court “Hobby Lobby” case that allowed the crafts store chain to not provide birth control coverage for its employees. RFRA is frequently connected to religious liberty debates linked to LGBTQ issues, as well.

But now, many critics of RFRA are praising it after it was employed in the defense of Scott Warren, a Unitarian who was charged with harboring illegal aliens near a border crossing in the Arizona desert in January 2018. Our own Bobby Ross wrote about this case here and here.

A new Associated Press analysis describes why RFRA suddenly became important again:

Religious liberty is often a high priority for conservatives, but last week’s acquittal of an Arizona man prosecuted for aiding migrants along the U.S.-Mexico border is spotlighting the ability of religious freedom law to shield people of faith regardless of political ideology.

The case of Scott Warren, a college instructor and volunteer with a humanitarian group that helps migrants, gained nationwide notice as he challenged what he called the government’s “attempt to criminalize basic human kindness.”

Much of that attention focused on Warren’s acquittal on felony charges of harboring. But he was also acquitted Wednesday of a separate misdemeanor charge after his lawyers argued that his religious beliefs motivated him to leave water for migrants crossing through a desert wilderness area.

This was written by Elana Schor, the AP reporter for religion and politics who is part of AP’s new global religion reporting team, announced Sept. 5 that’s being paid for by a grant from the Lilly Endowment. (I broke the story about the grant here back in April 2018).

Warren’s acquittal this past week was a huge victory for the Religious Left.


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