Lawsuits

AP explains why it was wrong for local-level Catholic employees to get coronavirus relief money

That Associated Press headline the other day certainly was a grabber: “Catholic Church lobbied for taxpayer funds, got $1.4B.” Let’s start with three statements about this in-depth report:

(1) The headline and the lede both assume there is such a thing as the “U.S. Roman Catholic Church” and that someone can write a check that will be cashed by that institution. This is like saying that there is an “American Public School System,” as opposed to complex networks of schools at the local, regional and state levels.

(2) There are national Catholic organizations that speak — and even lobby — for Catholic groups and causes, such as the U.S. Conference of Catholic Bishops. This doesn’t wipe out the reality of local parishes, ministries, schools, religious orders, regional dioceses, etc.

(3) It was completely valid to do an in-depth report on how Catholic nonprofit groups campaigned to receive coronavirus relief money for their employees — for precisely the same reasons journalists can, and should, investigate similar activities by other huge nonprofits and companies with complex national, regional and local structures. Maybe start with Planned Parenthood, just to provide some balance?

The key, once again, is a concept that came up the other day at the U.S. Supreme Court — “equal access.” Under these legal principles, part of the legacy of a liberal-conservative coalition in the Clinton-Gore years, government entities are supposed to treat religious organizations (think nonprofits) the same way they treat similar secular groups. They can work with all of them (sacred and secular alike) or they can turn all of them down.

They key is that they are treated the same. The bottom line: Religion is not a uniquely dangerous force in American life. This topic is discussed — sort of — way down in the AP feature.

But here is the overture of this follow-the-money investigative piece:

NEW YORK (AP) — The U.S. Roman Catholic Church used a special and unprecedented exemption from federal rules to amass at least $1.4 billion in taxpayer-backed coronavirus aid, with many millions going to dioceses that have paid huge settlements or sought bankruptcy protection because of clergy sexual abuse cover-ups.

The church’s haul may have reached -- or even exceeded -- $3.5 billion, making a global religious institution with more than a billion followers among the biggest winners in the U.S. government’s pandemic relief efforts, an Associated Press analysis of federal data released this week found.

Note that nice neutral noun there in the second paragraph — “haul.”


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Are the Sexual Revolution vs. religious liberty wars over at Supreme Court? Let's ask Bluto ...

Want to hear a depressing question?

How many years, or even months, will it take for someone to pull the Little Sisters of the Poor back to the U.S. Supreme Court for another case linked to the status of Obamacare’s contraception mandate?

That’s right. The odds are good that we can brace ourselves for yet another Little Sisters of the Poor vs. the United States of America (or maybe the leaders of a blue-zip-code state or local government).

I predict that we will see Little Sisters of the Poor Round 4 in the headlines sooner or later, for reasons that host Todd Wilken and I discussed during this week’s “Crossroads” podcast (click here to tune that in).

For starters, in this recent case the high court upheld an executive order from the Donald Trump White House, as opposed to grounding its decision in the defense of a specific piece of legislation — as in the Religious Freedom Restoration Act (RFRA) of 1993. You may recall that this bill defending a liberal (in the old sense of that word) take on religious freedom passed with an impressive margin — 97-3.

One of the sponsors of that legislation — which was backed by a Clinton-Gore era coalition of liberals and conservatives — had this to say about its importance:

Today I am introducing legislation to restore the previous rule of law, which required the Government to justify restrictions on religious freedom. …

Making a religious practice a crime is a substantial burden on religious freedom. It forces a person to choose between abandoning religious principles or facing prosecution. Before we permit such a burden on religious freedom to stand, the Court should engage in a case-by-case analysis of such restrictions to determine if the Government’s prohibition is justified. …

This bill is needed because even neutral, general laws can unnecessarily restrict religious freedom.

That was U.S. Sen. Joseph Biden, of course, during an era when he was considered a moderate who tended to stand with the U.S. Catholic Bishops on quite a few social and moral issues.

The question now is this: What are the odds that one of the first things President Joe Biden’s team will do is erase most, if not all, of the Trump-era executive orders linked to religious liberty and the First Amendment?


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Plug-In: What does this landmark LGBTQ ruling mean for traditional religious institutions?

The U.S. Supreme Court’s landmark ruling Monday barring workplace discrimination against gay, lesbian and transgender workers certainly seemed to catch some by surprise.

Take USA Today, for example.

The URL on the national newspaper’s story indicates that the court denied protection to LGBT workers. Oops!

Kelsey Dallas, national religion reporter for the Salt Lake City-based Deseret News, closely follows high court cases with faith-based ramifications.

“Genuinely shocked,” she tweeted concerning the 6-3 decision. “I had prewritten only one version of this story and predicted a ruling against gay and transgender workers based on debate during oral arguments.”

Why was Dallas so surprised?

I asked her that in a Zoom discussion that also included Elana Schor, national religion and politics reporter for The Associated Press; Daniel Silliman, news editor for Christianity Today; and Bob Smietana, editor-in-chief of Religion News Service.

Watch the video to hear Dallas’ reasoning. (Hint: It’s not just that Justice Neil Gorsuch wrote the majority opinion.)

Learn, too, what all the panelists think the decision means for religious hiring practices, the court’s 5-4 conservative split and the Nov. 3 presidential election.

Among related must-read coverage: Schor’s AP story on why the religious right laments the ruling but sees opportunities, Yonat Shimron’s RNS story on conservatives looking to the next cases on religious liberty and Elizabeth Dias’ New York Times story on the “seismic implications.”

Why did the decision rattle Christian conservatives? The Washington Post’s Sarah Pulliam Bailey explains.

At the Deseret News, Dallas asks, “Are we headed toward a federal version of the Utah Compromise on LGBTQ rights?”


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Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

No doubt about it, someone will have to negotiate a ceasefire someday between the Sexual Revolution and traditional religious believers, said Justice Anthony Kennedy, just before he left the U.S. Supreme Court.

America now recognizes that "gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," he wrote, in the 2018 Masterpiece Cakeshop decision. "The laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."

Kennedy then punted, adding: "The outcome of cases like this in other circumstances must await further elaboration in the courts."

The high court addressed one set of those circumstance this week in its 6-3 ruling (.pdf here) that employers who fire LGBTQ workers violate Title VII of the Civil Rights Act, which banned discrimination based on race, color, religion, sex or national origin.

Once again, the court said religious liberty questions will have to wait. Thus, the First Amendment's declaration that government "shall make no law … prohibiting the free exercise of religion" remains one of the most volatile flashpoints in American life, law and politics.

Writing for the majority, Justice Neil Gorsuch -- President Donald Trump's first high-court nominee -- expressed concern for "preserving the promise of the free exercise of religion enshrined in our Constitution." He noted that the Religious Freedom Restoration Act of 1993 "operates as a kind of super statute, displacing the normal operation of other federal laws." Also, a 1972 amendment to Title VII added a strong religious employer exemption that allows faith groups to build institutions that defend their doctrines and traditions.

Nevertheless, wrote Gorsuch, how these various legal "doctrines protecting religious liberty interact with Title VII are questions for future cases too."

In a minority opinion, Justice Samuel Alito predicted fights may continue over the right of religious schools to hire staff that affirm the doctrines that define these institutions -- even after the court's 9-0 ruling backing "ministerial exemptions" in the Hosanna-Tabor Evangelical Lutheran Church and School case in 2012.


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New podcast: What's next in terms of Sexual Revolution vs. religious liberty news?

Decisions by the U.S. Supreme Court usually make headlines, especially when the court is bitterly divided. Few things cause as much chaos in American life than 5-4 decisions from on high.

Meanwhile, 9-0 decisions — which are actually quite common — often receive little attention. They are, however, extremely important because they display a unity on the high court that should, repeat “should,” be hard to shatter.

I bring this up, of course, because of the 6-3 SCOTUS ruling redefining the word “sex” in Title VII of the Civil Rights Act of 1964. In the wake of that historic victory for LGBTQ activists, reporters who cover legal issues, especially church-state conflicts, have to start thinking: Where is this story going now?

That’s precisely what “Crossroads” host Todd Wilken and I talked about in this week’s podcast (click here to tune that in). Journalists can expect clashes sooner, rather than later, when it comes to LGBTQ Americans presenting evidence that they were fired, or were not given a fair chance to be hired, at businesses operated by traditional Christians, Jews, Muslims, etc.

One could start a timer, methinks, to measure how long it will be until the first story of this kind breaks involving Hobby Lobby or Chick-fil-A. The more important story, however, will be how this new legislation passed by the Supreme Court will affect traditional religious believers across the nation who own and operate small businesses. Journalists looking for stories on the cultural left will want to visit businesses led by religious believers who stress that they have had no problems with their employees.

However, let’s go back to that other religious question: What is the next shoe that will drop?

With that in mind, reporters may want to ponder the implications of a 9-0 church-state decision at the Supreme Court in 2012 — which isn’t that long ago, in legal terms. I am referring to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. That’s the case that strengthened the concept of a “ministerial exception” that gives doctrinally defined religious institutions great freedom in the hiring and firing of employees. The bottom line: The state isn’t supposed to become entangled in personnel decisions that involve doctrine.

Why does that matter right now? As I argued this week (“ 'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports“), debates about Title VII religious exemptions are looming in the near future. At that point, all roads lead to the 9-0 ruling on Hosanna-Tabor.

The question legal minds are asking: Are we about to see a drama with two acts?


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'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports

It’s no surprise that mainstream news reports about the U.S. Supreme Court’s 6-3 ruling on LGBTQ rights for secular workers included a strong note of celebration. To the victors go the spoils and this was a big win for the cultural left and, one can only assume, the new middle America — as defined by the Harvard and Yale law schools.

The unanswered question hanging over all of this was, of course, the same one that haunted the majority opinion written by Donald Trump’s first choice for the high court. That would be: What happens to the bigots — sexual orientation now equals race — in churches, synagogues, mosques, etc., who run schools and nonprofit organizations built on centuries of premodern doctrine? After all, it’s hard to tolerate religious believers who are intolerant.

It’s also important, of course, to ask whether grieving believers on the religious and cultural right will stay home during the 2020 elections since they can no longer say, “But the Supreme Court” when justifying votes for the Tweeter In Chief.

Expect waves of coverage of that in the days ahead, of course.

Political wars vs. religion news? No contest.

What matters the most, to readers in middle America, is how this story was covered by the Associated Press. In this case, AP stuck close to the political and legal angles of the decision, with little or no interpretation from activists on the left, the right or in the middle.

In other words, this was not a story in which First Amendment content was crucial. So there. The headline: “Supreme Court says gay, transgender workers protected by law.” Here’s the overture:

WASHINGTON (AP) — The Supreme Court ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.

The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against people because of their sexual orientation or gender identity.


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MinistryWatch.com is go-to resource for keeping up with evangelical controversies

Last month, colleague Bobby Ross Jr. noted the value of MinistryWatch.com for alerting journalists to less than salutary aspects of U.S. ministries, especially in wooly evangelical Protestant and “parachurch” sectors.

Ross cited its recent articles on Wycliffe Associates and David Jeremiah’s ministry. This outlet also provides ratings on organizations and, more positively, info on what groups do what things right.

One such media controversy has been revived with the death of the highly influential evangelical author and speaker Ravi Zacharias. Heartfelt personal tributes came from the likes of Vice President Mike Pence, White House press secretary Kayleigh McEnany, Heisman Trophy winner Tim Tebow and here from prominent New York City Pastor Timothy Keller.

And yet. Coverage in religious media noted problems with his exaggeration of academic credentials and — notably avoided in The New York Times obit — a 2017 legal entanglement involving a married woman in Canada. That case was settled out of court under a non-disclosure agreement (NDA), leaving as-yet-unexplained mysteries. (Note this World magazine analysis last October of problems with NDAs.)

MinistryWatch updated matters for the media on Monday. The woman, Lori Anne Thompson -- who has backing from celebrated evangelical victim advocate and attorney Rachael Denhollander -- is now asking the organization (without actually naming it) to release her from the NDA to answer what she calls “cruel and baseless allegations.”

In its original coverage, MinistryWatch concluded that “a cloud of uncertainty” hovers over the Zacharias ministry. The Guy cannot summarize this complex situation here, but MinistryWatch offers the media a typically careful assessment of what’s known, what’s unknown and why that is important for donors and the wider Christian community.

Here’s a sampling of other recent MinistryWatch articles.


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Journalists should be gearing up for big 'culture war' cases at U.S. Supreme Court

The COVID-19 emergency shouldn’t divert the media from getting prepared for an unusual pileup of big “culture war” news that will break at the U.S. Supreme Court during the weeks through early July.

Pending decisions the media will need to interpret involve abortion, religious conscience claims, gay and transgender rights, taxpayer aid for students at religious school and (yet again) religious objections to mandatory birth-control coverage under Obamacare. Next term, the court will take up the direct conflict between LGBTQ advocacy and religious conscience, an uber-important problem.

These cases will show us how the newest justices, Neil Gorsuch (age 52, seated 2017) and Brett Kavanaugh (age 55, seated 2018), will be reshaping court edicts on religio-cultural disputes.

Here are the imminent decisions to be ready for.

Espinoza v. Montana (docket #18-1195) — This regards the venerable “Blaine amendments” in many state constitutions that forbid religion-related aid by taxpayers. Does a state violate the U.S. Constitution’s “equal protection” clause if it denies generally available public scholarships to students who attend religious schools?

Little Sisters of the Poor v. Pennsylvania, incorporating Trump v. Pennsylvania (19-431) — Last week, the court heard arguments in this case involving claims of religious rights vs. women’s rights. Did a Trump administration setup properly exempt religious objectors from the Obamacare mandate that requires employers to arrange birth-control coverage?

June Medical Services v. Russo (18-1323) — Louisiana requires abortion doctors to have admitting privileges at nearby hospitals, which pro-choice advocates say hobbles women’s access to abortion. In 2016, a Supreme Court with different membership threw out such a regulation in Texas

Our Lady of Guadalupe School v. Morrissey-Berru, incorporating St. James School v. Biel (docket # 19-267) — The court heard the argument on this Monday via a COVID-era telephone conference. This Catholic school case from California poses whether under the Constitution’s religious freedom clause schools and agencies can discriminate in hiring workers who are not officially ordained “ministers” but may carry out some religious functions. In a similar Lutheran case in 2012, the high court said yes.


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Talk about burying the lede! Knox officials wanted to 'open up,' while banning Holy Communion?

If you have been following the ecclesiastical shelter-in-place wars, then you know that the most interesting stories — in terms of journalism and debates in the public square — as moved on to debates about safe worship that includes social-distancing principles.

Evangelicals and other low-church Protestants have a distinct advantage here, with their emphasis on preaching and small-ensemble praise music. It’s harder to distribute Holy Communion from a distance, even if worshipers in liturgical churches are six feet or more apart while sitting in their pews.

Some state and local officials seem to be struggling with these coronavirus issues. This is also true of for journalists, who really need to be listening to shepherds in Catholic, Orthodox, Anglican and Lutheran churches. It may even be possible to interview them.

In a recent “On Religion” column, I noted these interesting remarks by a high-profile archbishop:

New York Cardinal Timothy Dolan, in an online essay, stressed that whenever Catholic priests approach their altars the saints and "all God's people" are spiritually present. He also praised clergy who have found ways to carry on with their work – while following social-distancing guidelines.

"Our parish priests have risen to the occasion, with innovative ways to distribute Holy Communion, expose the Blessed Sacrament for adoration, hear confessions and anoint and visit the sick," noted Dolan. "They assemble at graveside to bury our dead. Our courageous chaplains in hospitals and nursing homes are on the front lines."

I bring this up because of a recent story in my local paper, The Knoxville News Sentinel, that ran with this headline: “Are church services allowed Sunday in Knoxville? Yes, but it's not encouraged.” It described a rather typical conflict between a rather lenient state governor and strict local officials — strict to the point of potential First Amendment clashes.

The problem? Some of the most shocking details were buried — quite literally — at the end of this story. Hold that thought. First, here is the overture:

There is nothing stopping worshipers from congregating for services, but no official is recommending churches, synagogues and mosques throw open their doors right away.


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