Trans

New podcast: Yes, cover RFRA; but Equality Act coverage has also been quiet on local stories

New podcast: Yes, cover RFRA; but Equality Act coverage has also been quiet on local stories

What we have here is a logical question that journalists (and news consumers) should be asking at this point in coverage of debates about the Equality Act. It’s also one of the questions that “Crossroads” host Todd Wilken and dissected during this week’s podcast (click here to tune that in).

That question: How many religious health organizations, schools, recreation centers, homeless shelters, campgrounds, day-care centers and other forms of faith-driven ministries and nonprofit groups are located in the zip codes covered by the newsrooms of your local media outlets?

Earlier this week, I wrote a post (“Puzzle: Many reporters ignoring Equality Act's impact on this crucial Schumer-Kennedy legislation”) noting that a few mainstream news organizations have covered the ways in which the Equality Act would edit or even crush the Religious Freedom Restoration Act (RFRA) of 1993, which passed in the U.S. Senate vote of 97-3. That vote symbolized both the bipartisan nature of that legislation and stunning left-right coalition of sacred and secular groups that supported it.

That remains a valid angle for coverage. However, the more I thought about this topic, and the more Equality Act reports that I read, the more I focused in on another “quiet zone” in the mainstream news coverage — including at the local and regional levels.

For starters, let’s look at two pieces of a major New York Times report on the Equality Act:

It was the second time the Democratic-led House had passed the measure, known as the Equality Act, which seeks to amend the Civil Rights Act of 1964 to add explicit bans on discrimination against lesbian, gay, bisexual and transgender people in both public and private spaces.

Now, that’s remarkably broad language. What kinds of groups and institutions, pray tell, are included under “both public and private places”? And remember this old journalism mantra: All news is local.

Later on, the story adds:

In a landmark decision in June, the Supreme Court ruled that the 1964 civil rights law protects gay and transgender people from workplace discrimination, and that the language of the law, which prohibits discrimination on the basis of sex, also applies to discrimination based on sexual orientation and gender identity. House Democrats sought to build on that ruling with the Equality Act, which would expand the scope of civil rights protections beyond workers to consumers at businesses including restaurants, taxi services, gas stations and shelters.


Please respect our Commenting Policy

Puzzle: Many reporters ignoring Equality Act's impact on this crucial Schumer-Kennedy legislation

Puzzle: Many reporters ignoring Equality Act's impact on this crucial Schumer-Kennedy legislation

I have been following the Equality Act coverage and, so far, a crucial piece in this puzzle has been missing.

Thus, here is a one-question pop test. That question: Name the piece of stunningly bipartisan legislation — vote was 97-3 in U.S. Senate — from the Bill Clinton era that will be gutted by passage of the Equality Act? Hint: It was introduced in the House by Rep. Chuck Schumer (D-NY) on March 11, 1993, and in the Senate on the same day by the late Sen. Ted Kennedy (D-MA).

We are, of course, talking about the Religious Freedom Restoration Act (RFRA). In today’s advocacy-media age that would, of course, be the “Religious Freedom” Restoration Act, complete with “scare quotes.”

The key is the impact the Equality Act would have on religious parachurch groups, social ministries, hospitals and educational institutions, from preschools to universities.

Now, does everyone agree on how the Equality Act would impact the First Amendment rights of religious believers and their doctrine-defined ministries?

Of course not. There are strong, credible voices on both sides of that debate that deserve serious, accurate, informed coverage by the mainstream press. However, this process — let’s call it “journalism” — would require newsroom managers to admit that this issue exists.

That’s why Andrew Sullivan — one of the world’s best-known gay public intellectuals — called the introductory Washington Post Equality Act story a “press release” (think PR) for the Human Rights Campaign. Here is that story’s description of the legislation’s impact:

The Equality Act would amend existing civil rights laws, such as the Civil Rights Act of 1964 and the Fair Housing Act, to explicitly ban LGBTQ discrimination in the workforce, housing, education, credit, jury service and other areas of American life.

If passed, the legislation would provide the most comprehensive LGBTQ civil rights protections in U.S. history, advocates say, significantly altering the legal landscape in a country where more than half of states lack explicit legal protections on the basis of sexuality or gender identity. …


Please respect our Commenting Policy

Joe Biden era puts transgender rights atop newsroom agendas (which creates religion news)

Joe Biden era puts transgender rights atop newsroom agendas (which creates religion news)

Among American "social issues," freedom of abortion is long-settled as a matter of law, so foes largely nibble at the edges. Courtroom victories for gays and lesbians have put dissenters on the defensive seeking to protect conscience claims.

Meanwhile, in the Biden-Harris era the transgender debate -- emotion-laden, multi-faceted and religiously weighty -- is moving to the top of the news agenda. {The Guy admits at the start he brings no psychological insight to this complex terrain and has personal knowledge of only two such situations.}

Democrats' zeal is the major new factor. President Joe Biden has said that he believes "transgender equality is the civil rights issue of our time. There is no room for compromise." Last year, Donald Trump appointee Neil Gorsuch made the case for "gender identity" rights in the Supreme Court's Bostock ruling, but this covered only secular employment. During his first hours in office, President Biden issued an executive order that extends this outlook across the board.

The president declared, for instance, that school kids shouldn't have to worry about their "access to the restroom, the locker room, or school sports," nor should adults be mistreated "because how they dress does not conform to sex-based stereotypes." He directed each government agency to spend the next 100 days reframing all gender policies accordingly.

Los Angeles Archbishop Jose Gomez, elected leader of the U.S. Conference of Catholic Bishops, immediately responded that on this and other matters like abortion, America's second Catholic president "would advance moral evils and threaten human life and dignity." Chicago's Cardinal Blasé Cupich assailed Gomez's Inauguration Day statement as "ill-considered." (Click here for GetReligion post and podcast on this topic.)

Then New York's Cardinal Timothy Dolan and four other chairmen of bishops' committees jointly declared that by reaching beyond the Supreme Court ruling Biden "needlessly ignored the integrity of God's creation of the two complementary sexes, male and female," and threatened religious freedom. This protest echoed the 2019 Vatican pronouncement "Male and Female He Created Them (.pdf here).”

A second Biden executive order Feb. 4 defined the new "LGBTQI+" approach in U.S. foreign policy. He directed 15 Cabinet departments and agencies to press other countries to comply with America's new stance, using diplomacy and, as needed, financial sanctions or visa restrictions. The State Department is to report annually on problem nations.


Please respect our Commenting Policy

Fights over First Amendment rights will likely top religion-beat agenda in 2021 and beyond

What's on the agenda for journalism about religion in the United States in 2021 and beyond?

Ongoing fights about the First Amendment and religious liberty are likely to prove the most newsworthy, but two other themes deserve attention.

A prior Religion Guy Memo here at GetReligion surveyed the competing partisan concepts of "religious freedom" that face the United States and the incoming Joe Biden-Kamala Harris administration, with potential for big conflicts if Democrats win both Senate runoffs in Georgia.

One aspect is religious groups' desire to be exempt from anti-discrimination laws so they can hire doctrinally like-minded employees, while qualifying for federal grants. Lame duck Labor Secretary Eugene Scalia (son of the late Supreme Court justice) wrapped up the Donald Trump years with an important "final rule" to nail down and clarify exemption rights. It goes into effect a dozen days before Biden's inauguration.

Understandably, much news like this was all but ignored by media focused on COVID-19developments and President Trump's remarkable, fruitless efforts to erase the 2020 election returns, supported at the U.S. Supreme Court by 60 percent of House Republicans and the GOP attorneys general of 18 states.

Labor's “final rule” policies could be re-examined in the Biden years. The huge text (.pdf here) provides journalists full documentation on religious employment disputes as seen from the conservative side of the culture wars, and summarizes 109,000 officially filed comments pro and con.

The rule clarifies that exempt groups need not be connected to specific house of worship (as with many schools and Protestant "parachurch" organizations) and that even for-profit companies can qualify if they have "a substantial religious purpose." It states that "religion" covers not only creedal beliefs but "all aspects of religious observance and practice." The rule allows exemptions of religious groups that provide "secular" help, relying on the 9th Circuit appeals ruling in Spencer v. World Vision (read text here).

Importantly, Labor's new rule says religious organizations cannot ignore anti-discrimination protections regarding "sexual orientation" and "gender identity" in situations where "there is no religious basis for the action."


Please respect our Commenting Policy

Tell us more? Tragic life of an addict and street walker who attended a famous DC church

It’s hard to imagine a short newspaper feature containing more pain than The Washington Post story that ran the other day with this headline: “How a D.C. sex worker became the face of a city report on drug treatment failures.

The lede could not have been more blunt: “Alice Carter worked D.C.’s streets — and got worked over by them.”

So why discuss this tragedy at GetReligion? Read the following summary material carefully and you will see a brief reference to the religion-angle in this story:

She was a poet, addict, sex worker, parent, friend, assailant, schemer and source of inspiration to her faith community and those who loved her — when she wasn’t frustrating their exhaustive, exhausting efforts to make sure she was safe.

Those efforts ultimately proved unsuccessful. On Dec. 17, Carter died of alcohol intoxication at Howard University Hospital after being found unresponsive at a Dupont Circle McDonald’s. Last month, the well-known fixture on D.C. streets became the face of a city auditor’s report that warned the District is doing too little to help those struggling with chronic addiction.

Note that nod to Carter’s “faith community.”

That’s a very vague reference to the fact that this trans female street walker was active in one of the most famous liberal Christian congregations in Washington, D.C. Theoretically, on any given Sunday morning during the past decade or more, Alice Carter could have shared a pew with Hillary Clinton, among other United Methodist Beltway politicos and insiders.

Would the story have been stronger if, right up top, the Post team had mentioned that she “attended services” at the Foundry United Methodist Church? Was she a member? Had she made a profession of Christian faith there?

It would also have been crucial to have known more about the ways that Christians — liberal or otherwise — played a major role in Carter’s attempts to escape addiction and poverty.


Please respect our Commenting Policy

RNS finds trans clergy struggle for support, after leaving liberal seminaries (#WhyIsThat)

Back in my Colorado days, I spent lots of time covering the Iliff School of Theology, a United Methodist seminary that was and is known as a hub for liberal Christian theology. A student — in the late 1980s — estimated that the student body was close to 50% gay and lesbian.

The problem, of course, was that there weren’t enough “urban” churches in Denver to handle all the students who needed to work part-time, serve in parish residency programs or be placed in their first pastoral positions (if they wanted to say in that regional conference). I once heard a feminist lesbian student, near tears, describing her attempts to preach to a small-town congregation out on the high plains of eastern Colorado. Some people even believed in hell.

What I realized was that this was not a story with two sides — liberal clergy vs. old-school locals. It was a story with, at least, three sides — liberal clergy, conservative laity and seminary/denominational officials caught in the middle. The liberal powers that be, you see, wanted to help the graduates, but they couldn’t afford to run off legions of ordinary church members. They had to be careful, for reasons linked to institutional survival.

I thought of those stand-offs while reading the recent Religion News Service feature — I am not sure that it is a “news” story — that ran with this headline: “As seminaries welcome openly transgender students, church lags behind.” Here is the overture:

When Austen Hartke arrived at Luther Seminary in St. Paul, Minnesota, he knew it was the only Lutheran seminary that didn't participate in his denomination's LGBTQ+ welcoming program. But as his awareness grew that he was transgender, so did his conviction that Luther was the right place for him.

Hartke, who had come out as bisexual years before applying to seminary, had specifically picked the school, he said in a recent interview, so he would learn to navigate his identity and ministry while being exposed to “the Midwestern attitudes I lived with every day.”

Still, said Hartke, who today runs the Transmission Ministry Collective, a community that supports transgender and other nonbinary Christians, “I didn’t come out as trans until I was holding my diploma, because I didn’t know what would happen.”


Please respect our Commenting Policy

More insights and information about future conflicts between religious and LGBTQ rights

Since the July 9 Guy Memo about how to cover future conflicts between religious and LGBTQ rights there have been significant further comments that reporters will want to keep in mind.

In addition, Justice Ruth Bader Ginsburg’s cancer recurrence at age 87 underscores for the media that the president and Senate elected in November will choose any future Supreme Court and other judicial appointees who will act on such cases. Pundits think this factor helped victories in 2016 by Republican Senators and President Donald Trump.

The tensions here are evident with Secretary of State Michael Pompeo’s Commission on Unalienable Rights, which issued its first report July 16 (tmatt post on that topic here). Liberals decried this panel’s formation due to the members’ supposed ideological tilt. The panel is chaired by a devout Catholic, Harvard Law School’s Mary Ann Glendon (the daughter of a newspaper reporter).

The New York Times reported that Pompeo’s speech presenting this report was “divisive” because he emphasized that the commission believes “property rights and religious liberty” are “foremost” in consideration. (The report also defies current protests by lauding Founding Fathers even while admitting they owned slaves.)

Writers will want to analyze this lengthy text (.pdf here) for themselves. It does seem to The Guy that the commission’s focus on the Bill of Rights guarantee of “free exercise” of religion, ratified 228 years ago, suggests this might — as a global statement — outweigh recent LGBTQ rights that the Supreme Court has vindicated alongside its defense of religious liberty claims in other cases.

Reactions worth pondering have come from, among others, evangelical lawyer David French, who writes for thedispatch.com and, in this case, Time magazine, University of Virginia Law Professor Douglas Laycock in a National Review interview and Ryan T. Anderson of the Heritage Foundation, a leading critic of the transgender cause as in his book “When Harry Became Sally.”

French, who has done yeoman work on rights claims by religious groups, is surprisingly optimistic.


Please respect our Commenting Policy

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?”


Please respect our Commenting Policy

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?


Please respect our Commenting Policy