Lawsuits

Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

Thinking about prayers at executions: These stories offer glimpses of an old church-state unity

This is a “feeling guilty” post. For quite some time now, I have been planning to examine the coverage of some important religious-liberty cases that have been unfolding in the death-row units of prisons.

The decisions are worthy of coverage, in and of themselves. At the same time, these cases have demonstrated that it is still possible, in this day and age, for church-state activists on the left and right to agree on something. Maybe I should have put a TRIGGER WARNING notice at the start of that sentence.

Like I said the other day in this podcast and post — “Covering a so-called 'religious liberty' story? Dig into religious liberty history” — this kind of unity in defending religious freedom has become tragically rare (from my point of view as an old-guard First Amendment liberal). Indeed, to repeat myself, “America has come a long way since that 97-3 U.S. Senate vote to approve the Religious Freedom Restoration Act of 1993.”

The problem is that you rarely, if ever, see reporters catch this church-state angle in these decisions. The key is to look at who filed legal briefs in support of the religious liberty rights of the prisoners.

This brings me to an important Elizabeth Bruenig essay that ran the other day at The Atlantic, under this dramatic double-decker headline:

The State of Texas v. Jesus Christ

Texas’s refusal to allow a pastor to pray while holding a dying man’s hand is an offense to basic Christian values.

Here is the meaty overture:

Devotees to the cause of religious liberty may be startled to discover during the Supreme Court’s upcoming term that the latest legal-theological dispute finds the state of Texas locked in conflict with traditional Christian practice, where rites for the sick, condemned, and dying disrupt the preferences of executioners.


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New podcast: Covering a so-called 'religious liberty' story? Dig into religious liberty history

New podcast:  Covering a so-called 'religious liberty' story? Dig into religious liberty history

Believe it or not, America’s commitment to the First Amendment and religious liberty wasn’t dreamed up by the Religious Right.

However, at some point — mainly during press coverage of clashes between the Sexual Revolution and traditional forms of religion — religious liberty turned into “religious liberty” or even “so called ‘religious liberty’ ” and other language to that effect. America has come a long way since that 97-3 U.S. Senate vote to approve the Religious Freedom Restoration Act of 1993.

Now we are seeing waves of valid news coverage of religious liberty disputes linked to people seeking exemptions from mandates requiring COVID-19 vaccines. During this week’s “Crossroads” podcast (CLICK HERE to tune that in) I suggested that it would help for journalists to dig into the details of how courts have handled earlier religious liberty cases.

Consider this recent Washington Post headline, involving a White evangelical leader in Oklahoma: “This pastor will sign a religious exemption for vaccines if you donate to his church.” Here’s the overture:

A pastor is encouraging people to donate to his Tulsa church so they can become an online member and get his signature on a religious exemption from coronavirus vaccine mandates. The pastor, Jackson Lahmeyer, is a 29-year-old small-business owner running in the Republican primary challenge to Sen. James Lankford in 2022.

Lahmeyer, who leads Sheridan Church with his wife, Kendra, said Tuesday that in the past two days, about 30,000 people have downloaded the religious exemption form he created.

“It’s beautiful,” he said. “My phone and my emails have blown up.”

This minister isn’t alone in thinking this way. Here is a New York Daily News story about an African-American Pentecostal leader: “A Brooklyn preacher’s blessing is a pox upon his flock.”


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Southern Baptist sexual-abuse puzzle: Can Executive Committee act on its own legal authority?

Southern Baptist sexual-abuse puzzle: Can Executive Committee act on its own legal authority?

I do not envy the journalists who are attempting to cover the current meetings of the Southern Baptist Convention’s Executive Committee.

The financial and moral stakes are huge. Many of the questions being debated have, from a congregational polity point of view, theological as well as legal implications. You have some activists who want the SBC to take steps that, under its system of governance, it can’t really take. You also have SBC leaders who don’t appear willing to take the actions that they can take, in order to be transparent on sexual-abuse cases.

This may sound strange, but I think it may help to look at the top of the Baptist Press report covering the opening day of the meetings in Nashville. Yes, Baptist Press is an SBC operation and its leaders report directly to the Executive Committee. That makes one statement here even more important:

NASHVILLE (BP) — In its first meeting since messengers to the June 2021 Southern Baptist Convention Annual Meeting called for an independent, third-party review of the SBC Executive Committee, the EC responded to several routine motions and moved to fund the independent review but declined to waive attorney-client privilege for the time being.

After a three-hour extra session Tuesday afternoon, the Executive Committee ultimately rejected a proposal from its officers and instead adopted a temporary measure to move the sexual abuse review forward leaving the details to be hashed out between the officers and the Sex Abuse Task Force within seven days. One of the most significant undecided details was whether or not the EC will agree to waive attorney-client privilege as Guidepost Solutions, the independent firm chosen by the task force to conduct the review, has requested. In the motion passed SBC messengers in June, the EC was instructed to abide by the recommendations of the third-party firm, up to and including the waiver of attorney-client privilege.

Did you catch that last sentence? That’s one of the most important facts in this standoff. The Executive Committee is charged with carrying on the work of the SBC when the national convention is not in session. However, in terms of authority, the EC’s powers come from the local church “messengers” attending the annual SBC national convention.

It appears that a majority of the Executive Committee think they get to debate whether or not to approve the waiver of attorney-client privilege as part of a third-party investigation of how the EC, or some of its leaders, handled accusations of sexual abuse. However, “messengers” at the national convention already voted to approve that step.


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Why mainstream newsrooms can't be bothered to cover USCCB church vandalism report

Why mainstream newsrooms can't be bothered to cover USCCB church vandalism report

Abortion debates continue to dominate American politics. A Texas law banning most abortions after six weeks of pregnancy went into effect just three weeks ago, something that resulted in widespread national news coverage, with many of the stories showing familiar media-bias patterns.

Despite the 1973 Supreme Court decision that made abortion legal, this law makes attaining an abortion in Texas among the most restrictive in the country after the U.S. Supreme Court ruled 5-4 on Sept. 2 not to block it. This unleashed debate and further political animus between Democrats and Republicans as arguments over abortion in this country now stretch into a fifth decade.

The fallout from all this may have increased animosity against the Catholic church. The church’s stand — ancient and modern — against abortion has placed it at the forefront of this cause, along with many other traditional Christian denominations and organizations.

Some of this animosity has led to vandalism against U.S. churches. A Catholic church in Colorado was vandalized with graffiti showing support for legalized abortion days after the Supreme Court decision. This is how The Christian Post recently reported the story. This is long, but essential:

St. Louis Catholic Church, located in the Boulder suburb of Louisville, became the target of vandalism from abortion activists over the weekend. The doors to the church were spray-painted with the declaration “My body, My choice,” a common refrain among pro-choice activists. Church members discovered the graffiti when they gathered for worship on Sunday morning.

In addition to spraying the phrase “My body, my choice” on the church's doors, vandals targeted a marker on the property that read “Respect Life,” replacing the word “Life” with the phrase “Bodily Autonomy.” Additionally, the sign at the front of the church was defaced with the phrase “bans off our bodies.”

In a Facebook post on Monday, the Louisville Police Department noted that a surveillance camera recorded three individuals on the church property at 1:30 a.m. local time Sunday and asked the public for help with identifying them.

The Christian Post, as the name states, is a niche news source. The question here — once again — is why vandalism cases of this kind receive so little attention in the mainstream press.


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My Orthodox flashback to 9/11: When will St. Nicholas truly return to Ground Zero?

My Orthodox flashback to 9/11: When will St. Nicholas truly return to Ground Zero?

On one of my first visits to New York City to teach journalism — I spent 8-10 weeks a year in lower Manhattan — I went to the window of my room high in a long-stay hotel.

I was looking straight down on the construction project to rebuild St. Nicholas Greek Orthodox Church, the tiny sanctuary that was crushed by the 9/11 collapse of the south tower of the World Trade Center. It hit me at that moment that, at some point, my “neighborhood” Orthodox parish would be the shrine at Ground Zero.

I walked past that construction project for five years, including several years in which the work was stalled by a complex mix of mismanagement, exploding costs and, some would say, fraud. The sanctuary still isn’t finished, but it’s getting closer.

Let me stress — I was not in New York City on 9/11. I was, however, in West Palm Beach, surrounded by New Yorkers in the heart of the Seinfeldian “sixth borough” of South Florida. My family attended an Orthodox parish in which 80% of the members were Arab Christians of various kinds. My Palm Beach Atlantic University office was next to the Trump Plaza towers, the mini-World Trade Center used as a symbolic target during the training flights of Mohamed Atta and other 9/11 terrorists who spent time in South Florida.

My first 9/11-related national column was about the destruction of St. Nicholas Orthodox parish, build on an interview with its priest, Father John Romas. As an Orthodox believer, I was immediately struck by these details:

The members of St. Nicholas do not think that any parishioners died when the towers, a mere 250 feet away, fell onto their small sanctuary in an avalanche of concrete, glass, steel and fire.

Nevertheless, the Orthodox believers want to search in the two-story mound of debris for the remains of three loved ones who died long ago — the relics of St. Nicholas, St. Katherine and St. Sava. Small pieces of their skeletons were kept in a gold-plated box marked with an image of Christ. This ossuary was stored in a 700-pound, fireproof safe.


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This story has been hot for about 50 years: Religion do's and don'ts in public schools

This story has been hot for about 50 years: Religion do's and don'ts in public schools

THE QUESTION:

What are the do's and don'ts on religion in U.S. public schools?

THE RELIGION GUY'S ANSWER:

As U.S. public schools cope with in-person learning in the midst of another COVID-19 upsurge and argue about "critical race theory," let's remember some good news. Divisive past disputes about how schools handle religion have been substantially settled. Debates continue on certain church-and-state issues but most deal with religious schools and taxpayer funding, not public education.

There's widespread agreement on what federal court rulings require, and on what common sense commends in light of today's pluralistic student bodies. A remarkably broad alliance of groups has joined in a series of policy statements brokered by Senior Fellow Charles Haynes at the First Amendment Center. Click here to read the full texts for yourself or print them out.

The lists of those endorsing the policies vary somewhat but typically they involve all the relevant public school associations alongside major "mainline" and "evangelical" Protestant organizations; Reform, Orthodox and "communal" Jewish groups; religious liberty advocates; and the Council on Islamic Education. Though most lack official backing from the U.S. Catholic bishops' conference, no conflicts with church thinking have been raised.

Especially significant is "A Teacher’s Guide to Religion in Public Schools," issued in 2004. Others are "A Parent's Guide to Religion in the Public Schools," "The Equal Access Act: Questions and Answers," "Religion in the Public School Curriculum: Questions and Answers," "Religious Holidays in the Public Schools: Questions and Answers," "The Bible and Public Schools: A First Amendment Guide" and "Public Schools and Religious Communities: A First Amendment Guide."

The overriding agreed principle: "The First Amendment prohibits public-school teachers from either inculcating or inhibiting religion. Teachers must remain neutral concerning religion, neutral among religions and neutral between religion and non-religion."

Thus, schools are neither "religion-free zones" nor platforms for worship or evangelism.


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In the news media storm about the Texas abortion bill: Outrage -- 1, objectivity -- 0

In the news media storm about the Texas abortion bill: Outrage -- 1, objectivity -- 0

If I had to sum up last week’s media maelstrom on Texas’ new abortion regulations, it’s this: 95 percent of the quotes was from those who opposed it. Maybe 5 percent was from those who favored it. And of that 5 percent, how many of them were inserted near the top of the piece rather than strung together near the end?

We’re talking about the Texas Heartbeat Act, aka S.B. 8, which bans abortions after a fetal heartbeat can be detected (usually around six weeks). Individuals who learn of violations can sue the clinics involved and anyone who helps women get abortions.

Which could your friendly Uber or Lyft driver, which is why both companies, according to CNBC, have offered to cover legal fees for any driver caught transporting a woman to a clinic.

Probably the most thoughtful dispatch was Emma Green’s piece in The Atlantic. It was a Q&A more than an essay, but at least it was an interview with the Other Side, which has been lambasted everywhere else for introducing a real-life Handmaid’s Tale situation into the Lone Star state. The lead sentence began:

Sometimes, the Supreme Court does the most when it does nothing. Last night, the justices denied an emergency petition by abortion providers in Texas seeking to block S.B. 8, a law banning pregnancy terminations after roughly six weeks’ gestation.

A 5–4 majority of the justices argued that they had no power to stop the law from going into effect, since none of the citizens who are now empowered under the law to sue abortion clinics for providing the procedure has yet attempted to do so.

Hold that thought. What’s new in Texas is something called “private enforcement,” by which any citizen -– and I mean anyone –- can report -– or sue -– someone trying to sneak an abortion past them. It’s a stunning legal strategy that evades the lawsuits that groups like Planned Parenthood use to quash their opponents.

Some on the pro-life side, like conservative pundit David French, aren’t happy with it at all, feeling that it’s bad law that will end up biting pro-lifers in the end. He is not the only abortion opponent who feels this way but there was zero reporting out there on the mixed feelings in his camp. Back to The Atlantic:

Legal challenges likely lie ahead. But abortion opponents see this as a victory, however temporary. For now, at least, abortion clinics in Texas are largely suspending their work and abiding by the ban.

The article continues as an interview with John Seago, the legislative director of Texas Right to Life who, more than anyone, contributed to the success of this law. Right away, Green jumped to the crux of the law; people reporting on other people. His answer:

There are two main motivations. The first one is lawless district attorneys that the pro-life movement has dealt with for years. In October, district attorneys from around the country publicly signed a letter saying they will not enforce pro-life laws. They said that even if Roe v. Wade is overturned, they are not going to use resources holding the abortion industry to account. That shows that the best way to get a pro-life policy into effect is not by imposing criminal penalties, but civil liability.

The second is that the pro-life movement is extremely frustrated with activist judges at the district level who are not doing their job to adjudicate conflicts between parties, but who in fact go out of their way to score ideological points—blocking pro-life laws because they think they violate the Constitution or pose undue burdens.

For anyone wishing to understand why Texans went to this “private enforcement” stratagem is because they’ve tried everything else for the 48 years that Roe v. Wade has been in effect. And with a legal system set against them no matter what they do, it was time to come up with something else. And they did.


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Plug-In: Ida, abortion and Afghanistan: The best religion reads in stunning news week

Plug-In: Ida, abortion and Afghanistan: The best religion reads in stunning news week

I was in Waverly, Tenn., reporting on the aftermath of historic flooding that claimed 20 lives as Hurricane Ida — “one of the most powerful storms ever to hit the U.S.” — made landfall in Louisiana on Sunday.

On Monday afternoon, as I was boarding a flight in Atlanta to return home to Oklahoma City, The Associated Press sent a “flash” — its designation for “a breaking story of transcendent importance” — about the chaotic end of America’s 20 years of war in Afghanistan.

Guess what?

The big news week was just getting started.

By midnight Wednesday, a divided U.S. Supreme Court had provided “a momentous development in the decades-long judicial battle over abortion rights.” The court declined, at least for now, to overrule a new Texas law that bans most abortions in the state, raising hope among abortion opponents and concern among abortion-rights supporters that Roe v. Wade could be jeopardy.

Also, Ida’s “weakened remnants tore into the Northeast and claimed at least 43 lives across New York, New Jersey and two other states in an onslaught that ended Thursday and served as an ominous sign of climate change’s capacity to wreak new kinds of havoc.”

The news just keeps coming, and I haven’t even mentioned COVID-19 — which continues to rage with cases and hospitalizations “at their highest level since last winter.”

Mercy.

Power Up: The Week’s Best Reads

1. Afghanistan’s arc from 9/11 to today: once hopeful, now sad: This is a powerful read by Kathy Gannon, Afghanistan and Pakistan news director for The Associated Press.

“A country of 36 million, Afghanistan is filled with conservative people, many of whom live in the countryside,” Gannon explains. “But even they do not adhere to the strict interpretation of Islam that the Taliban imposed when last they ruled.”


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Devil is in the details, when covering battles inside the powerful McLean Bible Church

Devil is in the details, when covering battles inside the powerful McLean Bible Church

When I hear of a hostile takeover in a church, I think back to around 2006 when conservative Episcopalians were breaking free of their denomination, reclaiming the name “Anglican” and trying to take their church properties with them.

Usually they failed with conservative and liberal sides accusing each other of malfeasance. The lawyers got paid, of course.

This time around, the headlines are about conflict inside the largest evangelical church in the Washington, D.C., area and because it’s in northern Virginia, where so many inside-the-Beltway workers live, its problems have gotten a lot of press interest. It didn’t hurt that then-President Donald Trump visited the place on June 2, 2019, which stirred up lots of people.

Here’s a Washington Post piece that tries to explain what’s going on:

The leaders of McLean Bible, one of the D.C. region’s largest and most high-profile evangelical churches, are facing attempts from its own members to spread disinformation to take control of the church, Pastor David Platt warned the congregation in a sermon earlier this month.

Last month, the church was supposed to vote in new elders who oversee the church, and a group tried to shore up enough votes to block the appointed leaders. In a sermon on July 4, Platt said the group told other church members as they were walking into the meeting that the new elders would try to persuade church leadership to sell the church’s building in Vienna, Va. to local Muslims who would build a mosque.

McLean Bible — which is seen as a conservative evangelical congregation and once had more than 16,000 attendees — has long been an important church in Washington with four locations near the city. But threatening McLean now is a group that has spread all kinds of rumors, Platt said.

OK, so a local megachurch is having a catfight. How does one make such a story interesting to the rest of the world?

Simple: Make it about a greater issue, such as the generational conflict or politics, which is what NPR did in calling the place “a hub for Republican senators and Bush aides.”


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