Lawsuits

Where will American religious groups fit into the newly electrified abortion debate?

Where will American religious groups fit into the newly electrified abortion debate?

The U.S. Supreme Court's agreement to review Mississippi's strict abortion law means that the public argument on this unending dispute will be the most intense in many years -- with a ruling due right in the midst of the 2022 election campaign.

Despite the Court's increased conservative majority, there's no certainty it will clamp new restrictions on abortion. Yet it's also possible that the Court might overthrow its own 1973 Roe v. Wade decision, which legalized most abortions nationwide in 1973.

If so, the impact will be momentous but not quite as apocalyptic as "pro-choice" advocates suggest. Abortion would remain widely available because decision-making would simply be returned to democratically elected state legislatures and many would maintain liberal policies. Charities might aid women in the "pro-life" states needing travel for out-of-state abortions.

For those covering the religion beat, the coming year is a major defining moment as America's variegated denominations state what they now believe about the morality of abortion and why.

After the Roe ruling, the 1976 conventions of the two major political parties began setting opposite stances. The Democrats' platform acknowledged that many Americans had "religious and ethical" concerns but opposed a Constitutional amendment to bar abortions. Similarly, the Republicans' platform stated that some in the party favored the Supreme Court's edict, but advocated such an amendment "to restore protection of the right to life for unborn children."

Religion writers well know how that basic split hardened and reshaped religious voters' political alignments. There's been less attention to the way the advent of open abortion turned around the Social Gospel thinking of Protestant liberals.


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What do you know? Doctrinal-covenant fights can occur on an Orthodox Jewish campus

What do you know? Doctrinal-covenant fights can occur on an Orthodox Jewish campus

By now, GetReligion readers are probably aware that some journalists have their doubts about whether the First Amendment actually protects religious doctrines and the “free exercise thereof” by believers.

The problem is that the old-liberal defense of “religious liberty” — inside the usual “scare quotes” — now clashes with the evolving doctrines of the Sexual Revolution. This leads to fights on religious campuses in which journalists pit bad religious believers who defend ancient doctrines against good believers who want those bad doctrines to evolve to mesh with the good teachings of the New York Times and other sacred texts.

The key in most of these clashes is whether students, faculty and staff sign a “doctrinal covenant” when they choose to work or study at one of these private schools. Private schools — liberal and conservative — have a right to defend the doctrines of the religious groups that founded them. As GetReligion readers know (explore this file), journalists often ignore the content of these covenants and fail to ask progressive activists whether they read these covenants before signing them.

Most of these stories focus on disputes at evangelical and Catholic schools. If you ever wondered how an education-beat newsroom would handle one of these stories in an Orthodox Jewish context, now you know — care of an Inside Higher Education report under this double-decker headline:

Students Sue Over Denial of LGBTQ+ Club Recognition

A lawsuit accuses Yeshiva University of violating New York City human rights law in its long-standing refusal to recognize an LGBTQ+ student group

The reader who forwarded this URL was rather blunt, stating that the article is “a mess. Journalistically speaking, it's biased, lopsided, and incurious.”

As usual, there is no way to know whether the school’s admission documents include a doctrinal covenant, since the reporting is sketchy, at best, on that subject.


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Plug-In: Murder convictions in death of George Floyd -- why faith angles were important

Plug-In: Murder convictions in death of George Floyd -- why faith angles were important

Guilty. Guilty. Guilty.

This week’s big news — former Minneapolis police officer Derek Chauvin’s conviction on all counts in George Floyd’s murder — is a story about police brutality. And racial justice. And yes, the power of faith.

USA Today captures this powerful scene:

George Floyd's brother Philonise Floyd was sitting with his head bowed and his hands folded in front of his face in prayer before the verdict was read. As each verdict was read, his hands increasingly shook and his head nodded up and down.

"I was just praying they would find him guilty. As an African American, we usually never get justice," Floyd said.

The exceptional coverage by the Minneapolis Star-Tribune’s Chao Xiong and Paul Walsh contains this important highlight:

As news spread of the verdicts — guilty on all counts — social media sites reposted the Minneapolis Police Department's initial report that Floyd died of a medical event at the scene, an assertion that might never have been contradicted so forcefully were it not for a teenage girl, Darnella Frazier, walking by and recording Floyd's death last May 25 on her cellphone and posting it for the world to see.

"I just cried so hard. This last hour my heart was beating so fast, I was so anxious, anxiety [busting] through the roof," Frazier, who was 17 at the time, posted on Facebook after the verdict. "But to know GUILTY ON ALL 3 CHARGES !!! THANK YOU GOD THANK YOU … George Floyd we did it!! Justice has been served."

The Los Angeles Times’ Kurtis Lee recounts this scene:


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New podcast: Rising tensions between religious liberty, pronoun wars, academic freedom, etc.

New podcast: Rising tensions between religious liberty, pronoun wars, academic freedom, etc.

My name is Terry Lee Mattingly. However, when I converted to Eastern Orthodoxy, I took the name of a patron saint — St. Brendan the Navigator.

Let’s pretend that I am young and attending a state university right now and that I have decided to require professors to address me as “Holy St. Brendan the Navigator.” It is, after all, my name. While we are at it, let’s say that all of the Catholic and Orthodox students take the same tack, if their saint names are different then the names they were given at birth.

Some professors would wince, but go along with this. But let’s say that one professor is very secular, a Marxist perhaps, and he refuses — stating that my request violates his personal convictions. I threaten to sue, along with other students in the same situation. Game on.

How would the leaders of this taxpayer-funded public university respond? Would this be treated as a natural request on my part, with the understanding that any refusal would attack my sense of identity? What if I requested that my university ID card state my name as “St. Brendan the Navigator”?

It’s a crazy question, of course. But it would — at a state university — raise issues about the First Amendment (free speech and religious liberty) and academic freedom. These questions were at the heart of this week’s “Crossroads” podcast discussion. Click here to tune that in. [This episode also includes a bizarre gaffe when — I’m wrestling with a painful medical condition right now — I messed up my own saint’s name, mixing St. Brendan’s title with that of St. Nicholas of Myra. Listen for it.]

At the heart of the podcast discussion is a timely question: Can the state force the professor to recognize and even affirm — with public speech — beliefs that violate his conscience?

Now, as readers probably guessed right from the get go, this podcast focuses on another matter of personal identity — the degree to which professors can be forced to cooperate with students who chose to use any of the myriad and evolving gender pronouns linked to the LGBTQ+ movement. We looked at a Washington Post story with this headline: “A professor was reprimanded for refusing to use a transgender student’s pronouns. A court says he can sue.

Now, when these clashes take part in PRIVATE schools — left or right, religious or secular — it’s clear (pending passage of the Equality Act) that these doctrinally defined institutions have a right to create belief and lifestyle covenants that settle issues of this kind. Students can chose to affirm these beliefs, freely signing on the dotted line, or go to school somewhere else.

But what about state schools built and operated with tax dollars?


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Vague doctrine at for-profit company? Tennessean nails key issue in new Ramsey lawsuit

Vague doctrine at for-profit company? Tennessean nails key issue in new Ramsey lawsuit

Get ready for more stories in which religious believers clash with the increasingly woke doctrines proclaimed, and enforced, by the Human Resource personnel in modern corporations.

Can your company fire you for declining to use a colleague’s preferred pronouns? What happens if (a) someone declines to remove a study Bible from his or her desk or (b) some believers refuse to hang LGBTQ+ rainbow solidarity posters in their offices? What if an employee marches in a right-to-life parade? Battles continue, in some workplaces, over crosses, beards, headwear and other religious symbols.

That’s one side of the HR culture wars. Meanwhile, it’s clear — pending the outcome of the Equality Bill debates — that faith-defined nonprofits have the right to create lifestyle and doctrinal covenants for the people who chose to sign them and, thus, work in these ministries.

But what about for-profit companies led by executives who want to maintain faith-friendly images? What are the limits on their policies?

For example, Hobby Lobby won its U.S. Supreme Court case after rejecting the Obamacare requirement that contraceptives be included in employee benefits packages. But what if for-profit company leaders said that, for faith-based reasons, they could investigate and fire employees who USED contraceptives?

This brings us to another fascinating dispute inside the Ramsey Solutions empire. The Tennessean headline asks: “Can you be fired over your sex life? Dave Ramsey thinks so.” Here is the overture:

While a former employee has accused Ramsey Solutions of terminating her because of her pregnancy, the company disputes the claim. Company lawyers said in court filings the employee was fired for premarital sex and so were a dozen other employees.

Former administrative assistant Caitlin O'Connor, who was employed by Ramsey Solutions for over four years and never disciplined, said when she announced she was pregnant in June and requested paperwork for maternity leave, she was terminated for her pregnancy since she isn't legally married to her longtime partner, the baby's father.

Lawyers for Ramsey Solutions, owned by Dave Ramsey — a conservative financial titan who made headlines when he hosted a giant Christmas party during the pandemic and refused to let his employees work from home — said O'Connor wasn't fired because she was pregnant. She was terminated for having premarital sex.


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Returning to Kamp Kanakuk: Is this new expose a work of journalism, theology or both?

Returning to Kamp Kanakuk: Is this new expose a work of journalism, theology or both?

Readers with long memories will recall that, when the Internet arrived it had an immediate impact on important subjects that rarely received adequate coverage in mainstream media.

Take religion, for example. The lower cost of publishing online led to an explosion of forums, listservs, newsletters, online “radio” channels, podcasts and weblogs. Some failed or evolved into new forms — consider the long and complicated histories of Beliefnet and Patheos — and others became, well, normal.

Now, in the “cancel culture” era, it’s clear that another example of online evolution is affecting serious coverage of religion, as well as other complicated topics.

I am referring to the controversies surrounding Substack and the myriad newsletters and alternative publications thriving there. For a sample of the fea paranoia surrounding Substack, click into this thread from a professor at the UCLA Center for Critical Internet Inquiry or read between the lines of this Washington Post column: “The Substack controversy’s bigger story.” Here is a sample of that:

Substack is a start-up for self-publishing email newsletters: Writers decide how often to write and whether and how much to charge; Substack sends the newsletters and collects any fees. The ease of use has made it popular with journalists. …

Some of the most prolific users are heterodox political writers who had found mainstream publications an increasingly poor fit. A number quickly rose to the top of the Substack leader boards. This attracted the gimlet eye of the cancelers: Other online writers — some of whom had their own Substack newsletters — have leveled accusations of transphobia and other offenses. A nascent boycott aims to pressure Substack into deplatforming the alleged offenders. Reportedly, their campaign is having some effect.

“Heterodox” is an interesting word. It appears, in this context, to define the work of various kinds of conservatives or, even worse, free thinkers (Andrew Sullivan and Bari Weiss, for example) who accuse many “liberals” or “progressives” of turning dangerously illiberal.

This brings me to this weekend’s must-read missive from Nancy and David French, care of The Dispatch, an alternative conservative online publication that is thriving in this new online environment. Here is the dramatic double-decker headline atop this long feature:

‘They Aren’t Who You Think They Are’

The inside story of how Kanakuk — one of America’s largest Christian camps — enabled horrific abuse.


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New podcast: Tensions with NCAA and Christian schools? That issue will not go away

New podcast: Tensions with NCAA and Christian schools? That issue will not go away

A decade or so ago, I had a chance to speak to journalism students at Oral Roberts University. My strongest memories — other than visions of the shiny modernist architecture — center on an unusual moment during a campus chapel service.

There’s nothing unusual about a Christian university having a full-house chapel service. There’s nothing unusual about a student-led praise-rock band blasting out Contemporary Christian Music songs that inspired lots of people to do their share of swaying and dancing.

But here’s the memory. My visit to the campus took place during a meeting of ORU’s board of trustees, who sat together near the front of the auditorium during chapel. Looking down from the balcony, I was surprised to see that (a) many of the trustees were rather young, (b) a much higher than normal number of them were Black or Latino and (c) several were enthusiastically dancing with the students, including at least one in an aisle (the current board doesn’t look quite as young).

All of this was a reminder that much of the racial and cultural diversity at ORU — a major factor in campus life — was and is linked to the school’s roots in charismatic and Pentecostal Christianity, a movement that as been highly multiracial since its birth. Founder Oral Roberts was a famous, and often controversial, leader among charismatic Christians, even though, as an adult, he aligned with the United Methodist Church (which is more conservative in Oklahoma than, let’s say, parts of Illinois and other blue zip codes).

I bring this up because of a recent USA TodayFor the Win” column that served as the hook for this week’s “Crossroads” podcast (click here to tune that in). Here’s the headline for that piece, which was written by the “race and inclusion editor” at USA Today sports: “Oral Roberts University isn't the feel good March Madness story we need.” Here is a crucial passage:

… As the spotlight grows on Oral Roberts and it reaps the good will, publicity and revenue of a national title run, the university’s deeply bigoted anti-LGBTQ+ polices can’t and shouldn’t be ignored.

Founded by televangelist Oral Roberts in 1963, the Christian school upholds the values and beliefs of its fundamentalist namesake, making it not just a relic of the past, but wholly incompatible with the NCAA’s own stated values of equality and inclusion.


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Christians, Jews, Muslims and lobbyists left and right fret over SCOTUS 'donor privacy' case  

Christians, Jews, Muslims and lobbyists left and right fret over SCOTUS 'donor privacy' case   

What cause could ever possibly unite Christian Right activists, the Council on American-Islamic Relations, the Zionist Organization, "pro-family," "pro-life," "pro-choice" and gun-rights lobbies, Mitch McConnell, the American Civil Liberties Union, Chamber of Commerce, Judicial Watch, NAACP, People for the Ethical Treatment of Animals, Planned Parenthood, Southern Poverty Law Center, Columbia University's First Amendment institute and religious-liberty advocates?

Answer: These and many more are allied in the Americans for Prosperity Foundation v. Becerra case (#19-251), which the U.S. Supreme Court put on its upcoming docket January 8.

Yes, that Becerra is Xavier, as in President Biden's controversial pick for secretary of Health and Human Services, acting in his previous role as California's attorney general. Moreover, this situation implicates the track record of his predecessor as A.G., Kamala Harris — now U.S. vice president and a major 2024 presidential prospect.

At issue is "donor privacy." Non-profit groups cannot operate or raise money in the state of California unless they give its attorney general the names and addresses of their major donors, the same list that's required as an appendix to their federal IRS returns. The non-profits argue that this violates their right to freedom of association under the Constitution's First Amendment.

Obviously this is something for alert media eyes, including pros on the religion beat.

Adding to news interest, this case displays contrasting beliefs of the U.S. Department of Justice in its Trump Administration brief filed last November (.pdf here) versus its revised stance under the new Biden Administration (.pdf here). The Trump brief strongly backs non-profit interest groups. The Biden brief dodges the question and asks the court to bounce the case for further investigation.

Religion specialists note: The Supreme Court consolidated the Americans for Prosperity case, raised by the libertarian political foundation established by the Koch brothers, with a second appeal from the Thomas More Law Center. This second agency provides free legal representation for "people of faith" to uphold "the religious freedom of Christians, time-honored family values and the sanctity of human life."


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Thinking about disunited Methodist future: Questions, terms and fault lines to ponder

Thinking about disunited Methodist future: Questions, terms and fault lines to ponder

So the “United” Methodists are back on the clock, in terms of waiting for their amicable divorce?

It would appear so, as COVID-19 continues to delay all kinds of large-scale meetings for pretty much everyone. Maybe they could have a socially distanced meeting in something like the University of Michigan’s “Big House” stadium (which seats about 110,000 under normal conditions)?

This is a huge story, of course, any way you cut it — with major implications for the shrinking world of the Seven Sisters of oldline liberal Protestantism, as well as putting the spotlight on the thriving evangelicalism of the Global South. As GetReligion patriarch Richard Ostling noted the other day:

The United Methodist Church is on the brink of America's biggest religious schism since the Civil War, with the conflict centering on sexual morality, biblical authority and theological liberalism.

At stake is an empire with 6.7 million U.S. members and 31,000 congregations located across most American counties, 6.5 million members overseas and $6.3 billion in annual donations (though there's now a severe money crunch). Many of those churches sit on prime urban and suburban real estate.

You know that COVID-19 has to be affecting the economics of all of this, especially for the center-left UMC establishment. Will they try to run out the clock somehow, assuming that the doctrinal conservatives will simply leave on their own (thus avoiding the need for some kind of severance check)? But that kind of split would lead to legal warfare (think of it as the United Methodist lawyers Employment Act) over church sanctuaries, clergy benefits, etc. Ask the the Episcopalians about that.

This leads me to two think pieces for reporters and news consumers to file. The first comes from the Mark Tooley, the must-follow analyst on the Methodist right: “Global Methodism’s New Church.” He covers essential background, with logical attention to Methodist growth in Africa, then offers this helpful summary:

Why are conservatives leaving when they won at the General Conference?

Liberals, although outnumbered globally, dominate the U.S. church and its bureaucracy. Few American conservatives want to inherit liberal church agencies, seminaries, and local conference structures, whose financial viability is already dubious.


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