Lawsuits

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Podcast: Do journalists doubt that the Little Sisters of the Poor are doing ministry work?

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It should be an obvious question for journalists who have been covering the Little Sisters of the Poor drama at the U.S. Supreme Court.

What do the sisters do in their ministry work that downgrades their First Amendment rights? What are they doing that undercuts their vows to follow the doctrines of the Roman Catholic Church?

There has to be something that creates a legal gap between Catholic parishes and a religious order like the Little Sisters of the Poor, who specialize in taking care of the elderly and the poor.

Maybe the problem is that they do something other than “worship” inside the doors of a chapel or convent? Maybe the problem is that they hire other people to assist them in their ministries? Is that what turns them into a vaguely religious non-profit organization?

These are some of the questions discussed during this week’s “Crossroads” podcast (click here to tune that in), which dug into some of the news coverage of this order’s latest visit to SCOTUS. This is, of course, linked to the order’s rejection of the Obamacare mandate requiring most “religious institutions” to offer their employees, and often students, health-insurance plans covering sterilizations and all FDA-approved contraceptives, including "morning-after pills."

What’s the problem? Consider this passage from the NPR coverage of the sisters and the high court:

At issue in the case is a Trump administration rule that significantly cuts back on access to birth control under the Affordable Care Act. Obamacare, the massive overhaul of the health care system, sought to equalize preventive health care coverage for women and men by requiring employers to include free birth control in their health care plans.

Houses of worship like churches and synagogues were automatically exempted from the provision, but religiously affiliated nonprofits like universities, charities and hospitals were not. Such organizations employ millions of people, many of whom want access to birth control for themselves and their family members. But many of these institutions say they have a religious objection to providing birth control for employees.

Maybe the problem is that all churches and synagogues do is “worship,” inside the doors of their sanctuaries, while schools, charities and hospitals (often called “ministries”) do “real” things, like education, medicine and social activism. Thus, even if religious doctrines are at the foundation of their work, these groups are not as “religious” as houses of worship?


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The New Yorker profiles a disgraced missionary and comes to a surprising conclusion

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Many of you may remember a story that broke last summer about a disgraced evangelical missionary who faces a lawsuit in Uganda for practicing medicine at a quasi-clinic where numerous children died. Complicating the matter was how many of these children were hopelessly malnourished and gravely ill when they were brought to her in the first place.

I wrote about Renée Bach’s situation here at GetReligion last August while everyone was ripping into her for being a white woman trying to save black African babies. I thought the amount of venom directed against this woman was over the top in that she didn’t have to take these kids on at all. The parents of these kids had other medical choices in Jinja, the city on Lake Victoria in which Bach’s clinic was set up. Jinja is Uganda’s second-largest city, so we’re not talking about a hamlet here.

So when I heard that the New Yorker had written about this story on the whole matter last month, I figured this would be another screamer of a piece ripping up folks who go to Africa for evangelistic reasons.

Instead, I found a nuanced piece by Ariel Levy, a Jewish writer who brought her faith into the picture to give a whole different read as to why a young Christian woman set up a health clinic, called Serving His Children, over there in the first place. I started digging into who Levy is and found some pretty surprising stuff.

More on her in a moment. First, the story. This section is long, but essential:

Twalali was one of more than a hundred babies who died at Serving His Children between 2010 and 2015. The facility began not as a registered health clinic but as the home of Renée Bach — who was not a doctor but a homeschooled missionary, and who had arrived in Uganda at the age of nineteen and started an N.G.O. with money raised through her church in Bedford, Virginia. She’d felt called to Africa to help the needy, and she believed that it was Jesus’ will for her to treat malnourished children. Bach told their stories on a blog that she started. “I hooked the baby up to oxygen and got to work,” she wrote in 2011. “I took her temperature, started an IV, checked her blood sugar, tested for malaria, and looked at her HB count.”

In January, 2019, that blog post was submitted as evidence in a lawsuit filed against Bach and Serving His Children in Ugandan civil court.


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Little Sisters of the Poor in crisis: This Atlantic feature is about COVID-19 and sacrifice

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The Little Sisters of the Poor are back in the news.

Yes, it’s true that, for the third time, the order’s legal team is back at the U.S. Supreme Court. This is, of course, a case linked to the Health and Human Services mandate requiring most religious institutions to offer employees — even students — health-insurance plans covering sterilizations and all FDA-approved contraceptives, including "morning-after pills."

The issue, of course, is whether leaders of the Little Sisters of the Poor, and others, can be forced to cooperate with government programs that violate the doctrines that define their work.

This raises a question that few SCOTUS-beat reporters have answered. Who are the Little Sisters of the Poor and what do the members of this order do to help others?

That brings us to a must-read feature at The Atlantic (by religion-beat pro Emma Green) that ran with this dramatic double-decker headline:

Nuns vs. the Coronavirus

At a Catholic nursing home in Delaware, one-fifth of residents have died. The nuns who run the facility are grappling with their calling.

This story isn’t about politics and SCOTUS, although it might have helped to have included a sentence or two pointing to this order’s role in that First Amendment fight. This feature offers an inside look at the work that the Little Sisters of the Poor are doing during the coronavirus crisis.

As it turns out, they are doing what they have always been doing — but this work now requires them to risk their lives on a daily basis. Here is a crucial early summary:

In many ways, the Little Sisters were founded for a moment like this: The nuns take a special vow of hospitality, promising to accompany the elderly as they move toward death. But like other long-term-care facilities in the U.S., the Little Sisters home in Delaware was blindsided by this pandemic. Even those most at peace with death have been deeply shaken by COVID-19.


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Were some key quotes accurate? Concerning Jerry Falwell's anger at The New York Times

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As long as there is a Donald Trump, then Jerry Falwell, Jr., will be the face of Christian higher education for editors at The New York Times and elite media in the blue-zip-code media in the Northeast.

This is sad, since the coronavirus crisis — along with life after Millennial-era enrollments — is creating a wave of important local, regional and national stories about private education, including Christian higher education. Hold that thought, because tomorrow’s “Crossroads” podcast is dedicated to that topic.

But back to Falwell and the Times.

Faithful readers may remember a recent GetReligion post — “Rank these stories: Falwell rolls dice with virus or potential collapse of some small colleges?” — in which I chided the Great Gray Lady for its familiar Falwell obsessions. Here is how that piece opened:

What we have here are two stories about Christian higher education during the coronavirus crisis.

One is set in a rather remote part of America, but it involves — kind of — Citizen Donald Trump. The other is a national-level story with news hooks that will affect institutions (and thus newsrooms) in several hundred communities spread out from coast to coast.

So which of these two stories is grabbing national headlines, including chunks of time on TV news? That isn’t a very hard question, is it?

The critique included, logically enough, several chunks of the Times report that was so critical of Falwell. The fact that we did that resulted in GetReligion getting a letter from Liberty University threatening legal action.

What an interesting twist: GetReligion paired with the Times by the Falwell team because of material we published in a critique of the Trump-Falwell obsession at the Times. As it turns out, we were not alone, in terms of getting caught in that crossfire.


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Court frees Cardinal Pell: Washington Post offers basic journalism. And the New York Times?

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This will be a very simple post about a very complicated religion-news story.

I am referring to the news that lit up Twitter the other day, when the news broke that Australia’s highest court had — with a 7-0 vote — overturned controversial (I need a stronger word) decisions by two lower courts convicting Cardinal George Pell of sexually assaulting two choirboys at the Melbourne cathedral in the 1990s.

I will not attempt to hash out the many ways that the secret nature of these Aussie court proceedings affected the news coverage. I will not discuss the details of the victim’s testimony against Pell and whether it was possible for a bishop, wearing many layers of thick, complicated vestments and almost certainly accompanied by an aide, to have committed these crimes in a public place.

No, my goal here is to contrast the journalism in two elite-media reports — in The Washington Post and then The New York Times — about this final court decision, which set Pell free and unleashed hurricanes of online arguments (yet again).

In terms of journalism, what is the essential difference between these two stories?

First, let’s look at the Post story, which ran with this headline: “Cardinal George Pell is released from prison after court quashes sexual abuse conviction.” If you read this story, you will find several passages like this:

In a written statement, Pell said he felt no ill will toward his accuser and did not want his acquittal to add to the bitterness in the community.

"There is certainly hurt and bitterness enough," he said. "However, my trial was not a referendum on the Catholic Church, nor a referendum on how church authorities in Australia dealt with the crime of pedophilia in the church.

"The point was whether I had committed these awful crimes, and I did not."

Readers will also read passages like this one:

The decision is likely to upset Pell's many detractors, who hold him responsible not just for the alleged assault on the choirboys but for the broader record of the Catholic Church in Australia, where some 4,444 people reported being abused in recent decades, according to an official inquiry. Their average age was about 11 years old.


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Podcast: Will preachers fighting 'shelter in place' rules create a church-state disaster?

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For several weeks now, churchgoers — and journalists — have been waiting to see what would happen at Easter, Passover and Ramadan.wisely,

We don’t have all the answers, yet. But it’s clear that in the overwhelming majority of cases, Christians in North America and around the world will be observing Holy Week and Easter at home, watching small teams of clergy and musicians celebrate the holiest rites of the Christian year while striving to follow the fine details of “shelter in place” orders.

In my own church — Eastern Orthodoxy — we will celebrate Pascha a week after Western Easter. Clergy in the Diocese of the South (Orthodox Church in America) just learned that our Archbishop Alexander has (I believe) set strict standards (.pdf here) for his parishes all across the Sunbelt. People will stay home through it all — Holy Week and Pascha — watching five-person teams of clergy and chanters do as many of the long, ancient rites as they can. Click here for Rod Dreher’s poignant post on that, which includes:

Did you know that the Church of the Holy Sepulcher in Jerusalem, the one built over the site where Jesus died, was buried, and was resurrected, has been closed for the first time since … the Black Plague, in the 14th century? The right way to see this is that we Orthodox Christians are being asked to make an absolutely extraordinary sacrifice for the life of the world — so that this plague which has killed, and will kill, so many, and will have reduced so many to poverty, can be defeated. As the old-school Catholics like to say about sacrifice, we should, “offer it up” as an extreme sharing of Christ’s passion. We will know in a way we never have the meaning of the crucified Jesus’s words, “My God, my God, why have you forsaken me?”

All of that loomed in the background as “Crossroads” host Todd Wilken and I recorded this week’s podcast (click here to tune that in).

For the most part, we tried to look past that story and down the road at the long-term legal implications of other religion-beat headlines caused by the coronavirus crisis.

I am referring to the small number of evangelical Protestants who have been rebelling against government orders to “shelter in place.” Julia Duin and I wrote about the coverage of some of these cases here (“About Rodney Howard-Browne and what happens to Easter, Passover and the hajj during a plague“) and then here (“All megachurches are not alike: NYTimes noted Howard-Browne arrest, but didn't leave it at that“).

What happens if — as some are planning — clashes between a few churches and state officials end up in court?


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Helpless in Seattle: How journalists are/are not covering coronavirus, churches and conferences

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Here’s a dispatch from the center of the evolving pandemic — which where I live.

When the national epicenter for the coronavirus is 13 miles away from one’s home, life becomes a place somewhere between Albert Camus’ “The Plague” and Gabriel Garcia Márguez’s “Love in a Time of Cholera.”

If you live in major urban areas — think New York City and greater Washington, D.C. — you can expect to see these patterns sooner, rather than later. What’s in your newspapers this morning?

Back to Kirkland — the expensive suburb (described here by the Los Angeles Times for those of you who have never been). Kirkland is merely one of several cities on Seattle’s Eastside where this thing has hit. Kirkland used to be the place we’d go for some beach time on Lake Washington when I was in high school. It was unglamorous and kind of shabby until the tech boom hit, Microsoft moved into neighboring Redmond and Google began gobbling up reams of office space in Kirkland, sending rents soaring.

Living two suburbs away as I do, I can say that the pall over Kirkland is now upon us all. Visiting local stores is like entering the Twilight Zone. I’ve never seen the shelves at Trader Joe’s so empty. Target has zero, I repeat zero, cough drops. Lines are forming at the local Costco first thing in the morning so folks can get toilet paper. The King County bus system greets you with hygiene announcements when you board.

We will get to religious groups and coverage in a moment. Hang in there with me.

Traffic for the past few days has been delightfully free of gridlock but it feels, writes one Seattle Times columnist, like Seattle is being symbolically quarantined from the rest of America. Conventions, conferences and meetings are being cancelled left and right. The Seattle-based Alaska Airlines put lots of flights on sale, begging folks to fly or buy before the end of March. But interestingly, while one school district has totally shut down, the others are not.


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Celebrations and confusion: Reporters should ask obvious BYU questions about sex and doctrine

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I have been reading some of the news coverage of Brigham Young University’s changes in Honor Code language affecting LGBTQ students. The coverage is — #SURPRISE — both celebratory and confusing.

I think there’s a pretty logical reason for the confusion: The school’s officials are being rather vague about the changes and what they mean, in terms of day-to-day campus life and their attempts to defend the teachings of the Church of Jesus Christ of Latter-day Saints.

This leads to a blunt question reporters need to ask: Since the Latter-day Saints believe they are led by a “Prophet, Seer and Revelator,” and a few church doctrines have evolved following new revelations, is anyone saying that the faith’s teachings on marriage and sexual behavior have changed?

Along with that, it really would help if reporters clearly stated whether (here we go again) students who attend BYU campuses sign — when they enroll or even at the start of each school year — a copy of a covenant in which they vow to follow (or at least not oppose) the current teachings of the LDS church? The word “vows” is highly relevant, in the history of this faith.

To sense the celebratory nature of the press coverage, read the overture of the original Salt Lake Tribune report (“BYU students celebrate as school removes ‘Homosexual Behavior’ section from its online Honor Code”).

Standing in the shadow of the iconic campus statue of Brigham Young, Franchesca Lopez leaned forward, grabbed her friend, Kate Foster, and kissed her.

The seconds-long embrace was meant to be a celebration. To them, though, it was also historic.

The two women, students at Brigham Young University, ran to that special spot on campus Wednesday as soon as they heard that the conservative Utah school had quietly removed from its Honor Code the section titled “Homosexual Behavior.” That part of the strict campus rules had long banned students from “all forms of physical intimacy” between members of the same sex.


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Concerning a Christian-school student and her rainbow birthday cake (and online pics)

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If GetReligion readers search the nearly 17 years of material on our site for this term — “doctrinal covenant” — they will find five or six screens (depending on browser settings) worth of posts. Click here and explore that if you wish.

What we have here is story after story about disputes between private religious schools (or similar institutions) and students, parents, faculty members or staffers. The vast majority of the reports are about LGBTQ-related clashes rooted in centuries of Christian and Jewish doctrines about sexuality and marriage. There may be cases involving Muslim doctrine, but they don’t seem to make it into the news.

Private religious schools — whether on the doctrinal left or right — are voluntary associations, and the word “voluntary” is crucial. No one has to attend one of these religious schools or work for them. However, it’s important (from a legal point of view) that students, parents, etc., clearly acknowledge that they are consenting to follow — or at least not openly attack — the doctrines and traditions that define the life of a religious private institution.

Thus, most of these religious schools require students, parents, faculty, etc., to SIGN a “doctrinal covenant” that states these teachings and the school rules that are linked to them.

Readers who glance through those GetReligion posts about news coverage of these cases will notice that these media reports rarely mention the existence of these covenants (they are often referred to as mere “rules,” thus failing to note their doctrinal content) and, if they are mentioned, the stories usually fail to note that people involved in disputes with these schools voluntarily signed them. In other words, who needs to know that First Amendment issues are involved?

This brings us to the “rainbow cake girl” story, as covered by The Louisville Courier Journal, The Washington Post and other newsrooms. The headline in the Courier Journal shows how this story is being framed: “Louisville Christian school expelled student over a rainbow cake, family says.”


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