GetReligion
Monday, March 31, 2025

Obergefell

Nagging legal question: Will polygamy become the next same-sex marriage?

Nagging legal question: Will polygamy become the next same-sex marriage?

Future-gazingjournalists take note: The question above is the lede of an article in the April edition of First Things magazine.

Author John Witte Jr. devoutly hopes the answer is no.

Witte, the noted director of Emory University’s Center for the Study of Law and Religion, presents that viewpoint at length in “The Western Case for Monogamy over Polygamy” (Cambridge University Press). The issue arises due to the gradual legal toleration of adultery and non-marital partnering that culminated in the U.S. Supreme Court’s Obergefell opinion last June that extended such liberty to same-sex marriage.

The high court’s wording leaves open whether polygamy laws still make sense. This is “becoming the newest front in the culture wars,” Witte writes, and legalization may seem “inevitable” after Obergefell. We've had federal district court rulings supporting religious polygamists that Utah is appealing at the 10th Circuit. The case involves a family from the “Sister Wives” cable TV show that has helped make polygamous families seem less offensive and more mainstream-ish.

Witte writes that aversion to homosexual partners has been based historically on religious teaching, but rejection of polygamy is quite different. Polygamy occurred in the Old Testament (and usually demonstrated resulting ills and family strife). But it was opposed by the non-biblical culture of classical Greece, and in modern times by Enlightenment liberals on wholly secular grounds. (For more on biblical and Mormon history, see this piece by the Religion Guy.)

Witte observes that multiple mates are the pattern among “more than 95 percent of all higher primates,” and yet human beings “have learned by natural inclination and hard experience that monogamy best accords with human needs.”


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Flashback 2015: Jewish news, an all-pope Top 10 list and trends on evangelical left

OK, here is one final set of some Top 10 religion stories lists for the now distant 2015. If you have missed the previous installments, click here and then here to back up a post or two and catch up. There was also an end of the year "Crossroads" podcast.

One of the reasons that journalists dig into these kinds of lists, especially those prepared by leaders in specific religious flocks, is to learn about stories that may not have made headlines at mainstream news sites – yet.

So here are three lists of this kind. Once again, please put any 2015 Top 10 lists that I missed in our comments pages.

We will start with A. James Rudin, a name familiar to all journalists who cover events and trends among Jews in North America and elsewhere. This Top 10 Jewish news events list was prepared for Religion News Service, but the link is to The Washington Post. You have Bernie Sanders, Nostra Aetate and a rabbi scandal or two. However, his top story is one that has been growing in importance for more than a decade, one sure to grow in importance with the rise of the Islamic State.

1. Anti-Semitic attacks escalate across Europe.
In January an Islamic terrorist killed four Jews inside a Paris kosher market, and in February a terrorist killed a synagogue guard in Copenhagen. The number of French Jews moving to Israel grew during the year.

Then there was this story, which our own Ira Rifkin flagged early on:

3. The BDS campaign gathers force.

In June, the General Synod of the United Church of Christ approved a resolution calling for the denomination to divest and boycott certain companies doing business with Israel.


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Top 10 religion stories for 2015: How would Pope Francis have voted?

No doubt about it, journalists really love Pope Francis. In many cases, they love the version of this pope that they have created through misquotes, partial quotes and by ignoring much of what he has to say. Hey, but who am I to judge?

Pope Francis had a lot to say during 2015 and, frankly, I thought that most of it was somewhat predictable, in terms of what we already knew about him. His sermons and addresses during the visit to Acela land in the media-rich American Northeast had lots of substance, but very few surprises.

So here is my question: Would Pope Francis think that he was the world's most important news story in 2015? I think not.

If you were looking for remarks by Francis that received little coverage, consider his steady stream of remarks about the persecution of religious minorities worldwide – especially Christians in the Middle East. In the following quotes, drawn from a July sermon in a Mass with Eastern Catholics, he even comments on how the powerful have been ignoring this truly historic massacre:

“Dear brothers and sisters, there is no Christianity without persecution. Remember the last of the Beatitudes: when they bring you into the synagogues, and persecute you, revile you, this is the fate of a Christian. Today too, this happens before the whole world, with the complicit silence of many powerful leaders who could stop it. We are facing this Christian fate: go on the same path of Jesus.”
The Holy Father also remembered the broader persecution of Christians in the present day. “We now, in the newspapers, hear the horror of what some terrorist groups do, who slit the throats of people just because [their victims] are Christians. We think of the Egyptian martyrs, recently, on the Libyan coast, who were slaughtered while pronouncing the name of Jesus.”

During this week's "Crossroads" podcast, host Todd Wilken and I – as is our end-of-the-year norm – worked out way through the Religion Newswriters Association poll to pick the Top 10 religion-beat stories. Click here to tune that in.


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Marco Rubio reaches out to believers, pushing something called the 'free exercise' of religion

If you are following the madness that is the GOP pre-primary season, then you know that one of the most interesting showdowns is over in the Cuban-American bracket, where Sen. Ted Cruz and Sen. Marco Rubio are facing off.

At the heart of that crucial battle is the bond between Cruz and large parts of the Sunbelt evangelical world, which is a huge advantage in crucial states such as Iowa, South Carolina and, of course, Texas. The Rubio people know that and have been making strategic moves to reach out to the world of cultural conservatives.

That effort is complicated, a bit, by two issues – both of which are addressed in a recent New York Times news feature that ran under the headline, "As Marco Rubio Speaks of Faith, Evangelicals Keep Options Open."

The first issue is quite simple, and the Times team handles it quite well. Rubio's religious background is complex, to say the least. The world is not full of Cuban-Americans who were raised Catholic, converted to the Church of Jesus Christ of Latter-day Saints and then went back to Catholicism, while also attending his wife's Southern Baptist congregation.

Also, The Times dedicates quite a bit of space to Rubio's ties to New York financier Paul Singer, a strong supporter of same-sex marriage causes.

This leads to the crucial passage in this report:

Mr. Rubio’s more open discussion about his religion is cracking a window into a part of his life he does not often discuss. Sometimes he goes on at length, as at the dinner in Des Moines, demonstrating a fluency with Scripture that surprises his audience. ...


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Washington Post gets crucial Kim Davis compromises into new front-lines report

The latest from Rowan County, Kentucky? Sure, why not.

But before we look at some of the coverage of clerk Kim Davis and her first day back on the job, let's review the primary journalistic point that your GetReligionistas have been making, over and over, about this media circus.

Most of the national coverage, has portrayed this dispute as a clash between two national armies – with the Religious Right on one side and gay-rights supporters on the other.

We have argued that this is too simplistic and that, to anticipate where the story is going, reporters need to focus on the actual laws in Kentucky and the ground-level efforts to realign them with the U.S. Supreme Court's 5-4 Obergefell decision to back gay marriage. At the very least, there appear to be four camps involved in this sad circus.

(1) Cultural conservatives whose primary goal is to reject same-sex marriage.

(2) A coalition of state political leaders – Democrats and Republicans – seeking to comply with the Supreme Court ruling and recognize the rights of gay couples who seek marriage licenses. However, these officials and activists also want, in a way consistent with past legal efforts to offer "work around" accomodations for officials caught in conflict-of-interest binds, to recognize the religious-liberty rights of traditional Christians, Jews, Muslims and others who cannot endorse same-sex marriage.

(3) Activists of various kinds who want to defend religious liberty, but who believe Davis has hurt their cause, in the long run, by going to jail rather than either (a) resigning or (b) allowing others to distribute marriage licenses in her name until the state legislature acts to amend state laws in the wake of the Supreme Court decision. (See this earlier Bobby Ross Jr., post.)

(4) Activists on the secular and religious left whose primary goal is to force public officials whose duties touch same-same marriage to either resign or endorse, with their actions, the Obergefell decision.

Every now and then, The Washington Post team has included in its coverage details that point toward this complex four-level drama at the state level – such as the fact that Davis herself supports compromises that would allow gay marriages to proceed (such as the legislature approving the removal of the clerk's name from the license or allowing couples to seek licenses through other government sources).


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Kim Davis is in WHAT political party? A classic New York Times correction

So be honest. Did you or did you not see this one coming?

We start with another New York Times report about that Rowan County clerk who sits in jail waiting for the Kentucky legislature to tweak the state's laws to work smoothly with both the 5-4 U.S. Supreme Court decision backing same-sex marriage and our nation's strong First Amendment history of support for the free exercise of religious convictions.

The story ends with a classic laugh-to-keep-from-crying correction that created some buzz in social media. First, the usual:

The clerk, Kim Davis of Rowan County, Ky., was ordered detained for contempt of court and later rejected a proposal to allow her deputies to process same-sex marriage licenses that could have prompted her release.

Once again, it would help if readers were informed that Kentucky law currently says – according to the fine details buried in news reports – that the county clerk's name has to be on a marriage license in order for it to be official. From the perspective of Kim Davis, that fact requires her to actively endorse same-sex unions, even if someone else hands out the licenses.

Thus, she balked. No one needs to agree with her stance in order to accurately report the link between the details of the Kentucky law and her act of conscience. The bottom line: Details of Kentucky laws are still important in Kentucky.

Will the governor, a Democrat, hear the calls of Democrats and Republicans for a special session to change the state's laws to protect the rights of gay couples seeking marriage as well as traditional believers in Christianity, Judaism, Islam, etc.? That's the story.

Back to the story. Here comes the highly symbolic correction:


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Liberty University and all those Pell Grants: Is this a topic for news or opinion?

Liberty University and all those Pell Grants: Is this a topic for news or opinion?

Over the years, your GetReligionistas have developed some logos to signal to readers that there are certain types of stories that we critique over and over and over. No, we haven't created a Kellerism logo yet, but who knows?

The "Got news?" logo us used when we see a really interesting news story in alternative media and, as veteran reporters, we think to ourselves, "Why the heck isn't anyone in the mainstream press covering that interesting (and in some cases major) story?"

Then there is the logo out front on this post, which says, "What is this?" If you read news online, you know that we are in an age in which the lines between hard news and commentary are getting thinner and thinner. Frequently, I see pieces marked "analysis" that contain far more clear attributions and sources than in "hard news" stories elsewhere. We regularly see "news" features that, a decade ago, would have been featured on op-ed pages.

Then there is the whole issue of hard-news reporters writing "objective" stories and then turning around and firing away on Twitter with edgy comments that would make an editorial-page editor blush. The goal, for many reporters, is to build an online "brand" and one way you do that is by telling readers what you really think.

Then there is that other nasty equation looming in the background during these financially troubled times in the journalism. You know the one: Opinion is cheep; information is expensive.

This brings me to a really interesting "Acts of Faith" piece at The Washington Post that ran under this headline: "Liberty University, a hub of conservative politics, owes rapid growth to federal student loans."


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Did NPR shortchange the religious left during its Obergefell coverage? Uh, yes

The other day, I had an interesting conversation with a reader, someone with a long history of reading my "On Religion" syndicated column (my column has run in The Knoxville News Sentinel for 26-plus years) and now this blog.

To be blunt, this person (Catholic, by the way) was a bit upset about my recent column that went out on the wires with this suggested headline: "Triumphant day for the Episcopal Church establishment." In particular, this reader was upset that – in lengthy quotations – I let the openly gay, noncelibate retired Bishop V. Gene Robinson of New Hampshire essentially do a victory dance celebrating (a) the 5-4 Obergefell decision in which the U.S. Supreme Court backed same-sex marriage and (b) the Episcopal Church's decision to proceed with same-sex marriage rites in its churches.

Why did I do this in my column? I responded: Because that was the essence of the story. Robinson and the Episcopal left won and, for readers to understand that victory, they needed to know what that meant to one of the symbolic figures in that long and painful drama.

I bring this up because several readers have asked your GetReligionistas what we thought of the recent commentary at National Public Radio on a related issue, one that ran under this headline, "Ombudsman Mailbag: On Staffing, Missing Information, And Religious Viewpoints." Settling up the crucial discussion, Elizabeth Jensen wrote:

I've heard from some Christians who feel NPR's coverage of the Supreme Court's ruling on same-sex marriage left the impression that all Christians oppose it. There's quite a bit of social media chatter on this, as well.


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So Baylor University made a massive change to its policies on sex? Really?

Trust me on this. Headline writers in the great state of Texas, and sometimes even nationwide, cannot resist themselves when it comes to juicy news stories about sex and my alma mater, Baylor University. Consider this doozy of a headline from the alternative Dallas Observer:

GAY SEX A-OK FOR MARRIED BAYLOR STUDENTS! THAT'S HOW WE SEE IT, ANYWAY

Yes, no one expects traditional, American model of the press journalism from this kind of alternative paper handed out for free to sell personals ads, as well as ads for hip nightclubs and fast-food joints. In this case, however, it's handy to read what the Observer said because its story was based, as usual, on its editors reading the mainstream media coverage in Texas and then reacting. So here is a key passage:

Sure, the wording on Baylor's new sexual misconduct policy is incredibly vague. But reading between the lines here, we're pretty sure that Baylor's Board of Regents is tacitly saying that Baylor students are now allowed to have homosexual sex. As long as they're married. And that they perform their homosexual acts in accordance with the Bible. And they understand that their sexuality is a gift from God. How about you just read the full, revised policy below?
Baylor will be guided by the biblical understanding that human sexuality is a gift from God and that physical sexual intimacy is to be expressed in the context of marital fidelity. Thus, it is expected that Baylor students, faculty and staff will engage in behaviors consistent with this understanding of human sexuality.

The problem, which you know if you clicked the "misconduct policy" link in that text (here it is again, leading you to the .pdf), is that this is not the "full" text. The policy also includes an "application" statement that says, in typical lawyer language:

This policy will be interpreted by the University in a manner consistent with the Baptist Faith and Message of 1963. Under no circumstances may this policy be construed to waive any of the rights granted to Baylor University under the exemption issued to the University on September 26, 1985, by the U.S. Department of Education covering certain regulations under Title IX of the Education Amendments of 1972 or under the religious exemption Section 702 Title VII of the Civil Rights Act of 1964.

Now what in tarnation, you can hear editors saying, is the Baptist Faith and Message of 1963?


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