GetReligion
Friday, April 04, 2025

Douglas Laycock

Reporters should ponder what religious left is telling the Supreme Court about marriage

Reporters should ponder what religious left is telling the Supreme Court about marriage

On April 28, the U.S. Supreme Court will hear those same-sex marriage cases from Kentucky, Michigan, Ohio, and Tennessee. Proponents of redefining marriage are confident they’ll win in June. If so, that will be a decisive – and divisive – juncture for organized religion in America and frame competing religious liberty claims the media will be covering in coming years.

A previous Religion Guy Memo advised journalists to examine the “friend of the court” briefs in these historic cases. The religious arguments for traditional marriage are familiar, perhaps especially for GetReligion readers. But now that all the briefs are filed, newswriters should consider the somewhat less publicized religious argument on the opposite side.

The key brief comes from the Episcopal Church’s bishops in these four states (.pdf here) with the president of the Episcopal House of Deputies, the United Church of Christ, the Unitarian Universalist Association, Judaism’s three non-Orthodox branches, a dozen pro-gay caucuses and 1,900 individuals.

Though there’s strong religious support for marriage traditionalism, these gay-marriage proponents insist they’re also part of the religious “mainstream,” noting that the United Church and Unitarians stem directly from New England’s Puritans and Pilgrims. The Episcopalians likewise have colonial roots. The brief also cites recent ideological support from the large Evangelical Lutheran Church in America and Presbyterian Church (USA), though they didn’t join the brief.


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Los Angeles Times sports section shows how to leap over all essential Indiana facts

To understand the current Indiana meltdown, it really helps to get off page one and look at how the basic elements of this state-level Religious Freedom Restoration Act (RFRA) story are being covered in other sections of the typical American newspaper. In other words, in the hoops-crazy state of Indiana, it is crucial to see how RFRA is being covered on sports pages.

I'm afraid the following story in The Los Angeles Times is rather typical, starting with that headline: "NCAA feeling pressure to take stand against controversial Indiana law."

For starters, the words "Religious Freedom Restoration Act" do not appear in this story. Readers also do not learn that these state-level laws are in effect in 19 other states, with many other states operating with the understanding that the national RFRA – a shining moment of church-state sanity from the Bill Clinton era – will been seen as operative inside their borders. Instead, this is how the story tips things off:

This is usually a happy time of year for college basketball, a chance for the game to take center stage with all eyes focused on March Madness.
But just days before the Final Four tips off in Indianapolis, the mood surrounding the tournament has turned serious.
With both its title game and its headquarters located in Indiana's capital, the NCAA is facing widespread pressure to take a stand against a hotly debated state law that many fear will lead to discrimination against gays and lesbians.

The key words, of course, are "that many fear." Who needs names and titles? A few lines later, this same passive-aggressive journalistic approach is used once again:


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Flashback! When religious freedom didn't have scare quotes in The New York Times

As the media firestorm continues in Indiana, your GetReligionistas have heard from readers asking to know the essential differences between the Indiana law that is under attack and the Religious Freedom Restoration Act (RFRA) passed with bipartisan enthusiasm during the administration of President Bill Clinton. Simply stated, the national RFRA has served as the models for the various state RFRA bills through the years, including the law that – when he was in the Illinois state senate – drew the support of Barack Obama.

Reporters covering this story may, in addition to actually studying the contents of the bill, want to study the impact these state bills have had in the 19 states that have adopted the same language. This Washington Post piece, with map, is quite helpful. Have these bills been abused? There may be stories there.

Yes, it's crucial for reporters to actually consider what happens when these bills are used in real cases, with real defendants, in real courts, even in conservative zip codes. Consider, for example, this Texas press release in 2009 in which the American Civil Liberties Union cheered the state's RFRA law:

The Texas Supreme Court ruled in favor of Pastor Rick Barr who challenged an ordinance passed by the City of Sinton (Barr v. City of Sinton) to close a half-way house for low-level offenders across from the pastor’s church, Grace Christian Fellowship.
“Today’s decision is significant because it is one of the Court’s first cases to affirmatively construe Texas’ Religious Freedom Restoration Act (RFRA),” said Lisa Graybill, legal director of the ACLU of Texas. ...
“This decision sends a strong message to state and local governments in Texas that the Court will not tolerate state action that targets a religious group, whatever their faith,” said Graybill. The court’s ruling upholds the intent of the RFRA to prevent state and local government officials from substantially burdening the free exercise of religion, including religious practices and religiously motivated conduct, without a compelling justification for doing so, she explained. ”This is a major victory not just for Pastor Barr and Philemon Homes, but for all Texans who cherish religious freedom.”

However, journalists seeking guidance on style issues related to RFRA laws – should, for example, terms such as "religious freedom" and "religious liberty" be framed with scare quotes – may want to consult another authoritative source. That would be The New York Times. However, in this case we are talking about the Times of 1993.


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Ah! It's easier to cover 'religious liberty' stories when they are not about sex?

Ah, good times. Today we get to praise some mainstream news reports about a major religious liberty story – as opposed to a news story that is about "religious liberty."

Why is this the case? It would appear that it is much easier to see religious liberty conflicts as religious liberty conflicts when they are not the result of collisions between the doctrines of the Sexual Revolution and the moral doctrines claimed (and, of course, to a lesser degree practiced) by most religious believers on Planet Earth.

In other words, take clashes between sex and most traditional forms of religion out of the equation and, it appears, mainstream journalists are able to listen to people on both sides of issues linked to basic First Amendment rights.

So, want to see some interesting, informed, coverage of a religious liberty case at the U.S. Supreme Court? Click here for the Religion News Service coverage of Abdul Maalik Muhammad and his right to grow a beard after his conversion to Islam. During court testimony, the justices pushed back on this case for an interesting reason – the case was too easy.


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Obama erases the 'scare quotes' around religious freedom?

In recent years, there has been quite a bit of discussion at GetReligion about the ways in which mainstream journalists use “scare quotes” as a way to suggest which causes they see as questionable, as opposed to social, political, cultural or religious causes that they believe are serious concerns. Consider, for example, the terms “religious liberty” — a very common term in First Amendment law and studies — and “religious freedom.”

You may recall that Washington Post headline not that long ago that ran above a relevant Religion News Service piece:

Activists gather to plot defense of ‘religious liberty’


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