GetReligion
Sunday, April 06, 2025

ACLU

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Christian legal organizations get the editorial shaft from The Deseret News

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When I saw the headline “Serving God by suing others: Inside the Christian conservative legal movement,” I knew the ensuing news article meant trouble.

Would the Deseret News (which produced the above piece) have referred to the Americans for Civil Liberties Union in such a demeaning fashion? Or the Freedom From Religion Foundation?

Both of those organizations spend much of their time suing other entities over religion.

So why all the love for the conservatives? We begin with this:

SALT LAKE CITY – Roger Gannam cites the Bible to define his company's mission. That wouldn't be notable if he worked at a church or food kitchen, somewhere known for sharing the gospel with the world. But Gannam works at a law firm, suing others and representing those who have been sued.
His employer, Liberty Counsel, advocates for conservative Christian interests in cases related to the sanctity of life, family values and religious liberty, presenting the court system as a way to live out Jesus' "Great Commission."…
Liberty Counsel is part of the Christian legal movement, a collection of advocacy groups working in the legal, public policy and public relations arenas to advance and protect conservative Christian moral values. Together, these firms have turned the courts into key battlefields in the culture wars.

Actually, the courts have been culture wars battlefields for decades. See Griswold v. Connecticut, Roe v. Wade and Obergefell v. Hodges.

The power of this movement will be on display this fall, when Masterpiece Cakeshop v. Colorado Civil Rights Commission is argued before the Supreme Court.


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A religiously intriguing lawyer joins Trump defense team as a key adversary exits  

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A religiously intriguing lawyer joins Trump defense team as a key adversary exits  

The addition of controversial attorney Jay Sekulow to President Donald Trump’s defense team is a wide-open invitation for journalistic personality stories. By all accounts, Sekulow, 61, is among America’s most zealous – and effective – religious litigators. He also hosts a daily radio show and has become an omnipresent Trump advocate on other media.

Early coverage on his appointment left unexplored territory on the religion aspects of the sort noted by The Forward, the venerable liberal Jewish newspaper whose print and online editions reach a broad readership. Then The Washington Post published a June 27 jaw-dropper on Sekulowian finances.

More on money in a moment. If The Forward’s treatment seemed harsh, that’s certainly predictable. Sekulow has been in the middle of many social issues that are considered “conservative” while the paper has traditionally embraced socialists and liberal Democrats.

Moreover, Sekulow was raised in Reform Judaism, but became a “Messianic Jew” (that is, an evangelical Protestant of Jewish ethnicity) during college years at Mercer University, where he later earned his law degree. After work as a trial attorney for the IRS and a business lawyer in Atlanta, in 1990 he became chief counsel for the new American Center for Law and Justice (ACLJ), founded by the Rev. Pat Robertson.

Like Trump’s top lawyer, Marc Kasowitz, Sekulow is no expert in the Washington, D.C., quicksand the President finds himself in. But he’s battle-hardened, having argued 12 cases before the U.S. Supreme Court in his religion specialization. Early on, Sekulow grasped that federal judges are less than ardent supporters of religious freedom claims and switched to a civil liberties strategy exploiting other Bill of Rights guarantees, winning for instance a 1987 Supreme Court OK for airport pamphlet distribution by Jews for Jesus.


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Big New Jersey religious-liberty case: Did you hear who backed efforts to build a new mosque?

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So, did you hear about that major victory for religious-liberty activists the other day?

In this case, the reference to "religious liberty" in that first statement is not framed in scare quotes for a simple reason. This particular case did not have anything to do with debates about the Sexual Revolution clashing with ancient religious doctrines and traditions.

This important case involved a win for Muslims in Somerset County, N.J., who have been fighting their suburban powers in defense of their right to build themselves a mosque.

This is where things get interesting. The Islamic Society of Basking Ridge had the U.S. Department of Justice on its side, but also received help from a broad coalition of religious-liberty activists. This was a rare sighting of the old left-right coalition that used to stand together back in the heady days in the 1990s, when Democrats and Republicans all embraced the Religious Freedom Restoration Act (click here for GetReligion links on that).

Kudos to The Atlantic for spotting this important angle of a major story:

An uncommonly wide range of religious groups came to the Society’s support – from groups that lean left, like the Baptist Joint Committee for Religious Liberty and the Sikh Coalition, to more conservative groups, including the Becket Fund for Religious Liberty and the Ethics and Religious Liberty Commission of the Southern Baptist Convention. “Such unequal treatment of the mosque in this case represents a potential threat to the free exercise rights of each of the amici represented here,” the 18 supportive groups wrote, “and is an affront to our nation’s commitment to religious liberty for all.”

Alas, it was hard to find evidence in other mainstream news coverage showing that journalists knew that key religious conservatives, as well as liberals, were celebrating this victory for supporters of this New Jersey mosque and, thus, a victory for religious liberty.

Consider The New York Times coverage, for example: "Settlements With New Jersey Suburb Clear Way for Proposed Mosque." Here is the overture, with many interesting details about the flexibility demonstrated by these Muslim believers:


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Alaska media don't get trans United Methodist minister-turned-activist

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While teaching at the University of Alaska two years ago, I picked up a lot of resentment on the part of the residents against what they call Outsiders (with a capital “O”) showing up in the 49th state and telling Alaskans what to do.

Alaska has a large transient population (including a lot of military personnel who transfer in and out), so lots of folks there figure that until you’ve lasted through a few winters, you’re just passing through.

Still, many Alaska residents have come from somewhere else.

One of the folks who arrived there several years ago was a transgendered United Methodist minister. I’ll return in a moment to the history of Drew Phoenix but first, I want to point out how he made the news this week in this story from the Associated Press:

JUNEAU, Alaska (AP) – The Alaska Legislature on Tuesday rejected the appointment of Drew Phoenix, a transgender man, to serve on the state’s human rights commission.
The vote came near the end of an hours-long joint session called to consider Gov. Bill Walker’s nominees to boards, commissions and administration posts. Phoenix was the only nominee to be voted down.
Leading up to the vote, some conservative groups sought to paint Phoenix, who has advocated for LGBT rights, as too political for the post.

The story then includes some vague quotes from a Republican and a Democrat and then:

In a phone interview Tuesday evening, Phoenix said he was “incredibly upset and disheartened” by the vote.
“I just find it so ironic that somebody like myself, with so much years’ experience personally and professional working on behalf of human rights, that they would not confirm me to the commission on human rights,” he said.
Phoenix said a state Senate committee that held confirmation hearings asked him questions related to his work as a transgender man with the LGBT community and if, given the opportunity, he would work to advance issues of equality for the LGBT community through the commission. He said he replied that, if that’s what the commission seeks to do, he would.
He said one conservative group has framed the advancement of LBGT people as posing a threat to religious freedom. He said he is an ordained Christian minister and values religious freedom.

“He said” he is an ordained Christian minister? That isn't an established fact?


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After Trump's religious liberty show: Press hears groans on right, as well as that ACLU snicker

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After Trump's religious liberty show: Press hears groans on right, as well as that ACLU snicker

So what was that big show in the Rose Garden all about, the one with the smiling President Donald Trump serving up waves of Godtalk to a large assembly of religious leaders from various religious traditions?

This was supposed to be an important moment for those working to protect the First Amendment rights of believers whose commitment to ancient doctrines on marriage and sex have clashed with new laws, and court decisions, crafted to defend the Sexual Revolution, in all of its myriad forms.

However, even before the ceremony began, there were signs that a big dose of fake news was ahead. That was the subject of my Thursday morning post, "Big question in Rose Garden today: A victory, or Trump white flag, on religious liberty issues?"

By the time "Crossroads" host Todd Wilken and I talked, a few hours after that political rite (click here for the podcast), it was clear that most mainstream journalists had tuned into a crucial fact: The only people who were celebrating this executive order were people who are on the president's payroll or who may as well be (hello Jerry Falwell, Jr.). Their fundraising letters will come later.

But anyone who listened to the church-state voices that mattered knew what was going on.

On the religious and cultural right, Robert P. George of Princeton University issued a devastating tweet that said:

The religious liberty executive order is meaningless. No substantive protections for conscience. A betrayal. Ivanka and Jared won. We lost.

What about the left?

If that George blast wasn't enough to blow the fog away, this press release from the American Civil Liberties Union clarified matters nicely. Yes, there were voices elsewhere on the church-state left that released familiar statements of outrage. Their fundraising letters will come later.


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Unorthodox trans story in New York Times: Voices on both sides get to share their views

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What we have here is a New York Times story that would appear to fit perfectly under the umbrella of "Kellerism," the emerging journalism doctrine (click here and here for background) stating that there is no need for balance and fairness on many moral and religious issues because the Times already knows who is right.

The headline on this story from Illinois puts it right in the middle of one of America's hottest clashes between the Sexual Revolution and heartland values: "A Transgender Student Won Her Battle. Now It’s War."

It appears that the goal of this story, however, was to let readers actually hear the voices of ordinary people on both sides of this debate. That's different than the new mainstream-media normal in which the hero or heroine gets to narrate the story and then the opposition appears via one quote from a press release or an appointed lawyer. The key is that only one side sounds human.

But the Times team – to its credit – took another approach this time. Here is the rather standard overture:

PALATINE, Ill. -- Tall and sylphlike, an athlete with delicate features and a blond topknot, she changes clothes behind a privacy curtain in the girls’ locker room at her high school. But just being allowed to set foot in that locker room was a huge victory for the girl. She is transgender.
She graduates in May – but the war over how to accommodate transgender students is far from over in her Chicago suburb.
A new legal challenge is making its way through the courts. And a coalition of insurgent school board candidates, an evangelical church and conservative parents are looking to reshape district policy. The goal: preventing transgender girls and boys from sharing the bathrooms and locker rooms of their choice with other girls and boys, on the grounds that they are “the opposite biological sex.” Their presence, the opponents argue, violates community standards of decency.

Yes, the basic DNA issue is treated with scare quotes. However, note the passing reference to the evangelical church that is involved in this debate.


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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

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Supreme Court punts on first major transgender case, but religion angle merits ongoing coverage

The U.S. Supreme Court decided March 6 to punt on its first encounter with the growing transgender rights movement, sending the Gloucester County School Board case back to the 4th U.S. Circuit Court of Appeals for review. The high court had scheduled this Virginia case for oral arguments March 28, but the incoming Donald Trump administration has for the time being rescinded the Obama Administration policy the 4th Circuit relied upon.

The evolving situation merits close Godbeat attention due to the major challenge for advocates of religious liberty, already on the defensive over other issues. With gay marriage legalized throughout the United States by the Supreme Court, the LGBT movement is focusing all its moxie on transgender rights.

The basics for reporters: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That redefined “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant biological gender, not an identity that may conflict with it. The new contention that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

In the Virginia case, an anatomically female high schooler who is transitioning wanted to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security, including access to locker rooms and showers that were not raised in the Virginia dispute.

A major chunk of U.S. organized religion has reacted in unison against the Obama policy and 4th Circuit ruling.


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Time to work up those walkups to the Supreme Court's big transgender moment

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Time to work up those walkups to the Supreme Court's big transgender moment

On March 28, the U.S. Supreme Court hears arguments in the Gloucester County School Board case, its first encounter with the growing transgender rights movement.

Journalists, it's time to work up those walkups.

The basics: The Obama administration’s Departments of Education and Justice notified all U.S. public schools last May that to qualify for continued federal funding they need to follow each student’s sense of personal “gender identity,” as opposed to birth biology, regarding access to “sex-segregated restrooms, locker rooms, shower facilities, housing and athletic teams (.pdf document here)."

That change redefined “sex” under Title IX of the anti-discrimination law in question. For 44 years before that, the government thought “sex” meant biological gender, not an identity that may conflict with it. In the current case, an anatomically female Virginia high schooler who is transitioning wants to use boys’ toilets instead of unisex facilities the school provides. Local school districts are caught between transgender rights appeals and community concerns about privacy and security.

The case’s significance is not ended by the February 22 decision of the incoming Donald Trump administration to rescind the Barack Obama directive for now. Access to locker rooms and showers are also part of this hot-button debate.

With gay marriage legalized throughout the United States by the Supreme Court, the LGBTQ movement is focusing all its moxie on transgender rights. The belief that gender is “assigned” at birth but flexible, rather than fixed by biology, gains cultural clout from important segments of the Democratic Party, big business, the academic world, the entertainment industry, professional and college athletics, and the like.

That poses a major challenge for advocates of religious liberty, already on the defensive with other issues.


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Why local media coverage of West Virginia's Bible bill is far from being 'almost heaven'

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There's faith-related news, apparently, in West Virginia, but the local media there are not paying too much attention.

On Monday, Feb. 20 (don't ask me why the state legislature was meeting on Presidents' Day, but apparently they did), State Delegate Ken Hicks (D-Wayne) introduced a measure to amend the state code with a single sentence: "The Holy Bible is hereby designated as the official state book of West Virginia."

That's, um, news, rather interesting church-state news. Right?

Well, Hicks's measure did grab the attention of the Huntington Herald-Dispatch, so that's a start:

"I think a lot of the biblical principles are the same principles that the state was founded on," Hicks said. "The Bible is a book that's been around for thousands of years. A lot of principles from the Bible are what modern-day and contemporary law is based on."
There currently is no official state book for West Virginia.
Hicks said he thought the state could have multiple official books, not limiting it to just the Bible. When asked about concerns as to whether the proposal would indicate an official endorsement of one religion over others by the state, Hicks said he hoped that people who were concerned would contact their legislators to let their feelings be known.

The Herald-Dispatch account – noting the lawmaker says he is "a practicing Christian" – quotes Hicks as saying the bill isn't designed to compel Bible reading. Yes, a bit more specificity would have been nice when dealing with his church tradition.

The measure is co-sponsored by seven other delegates, two Democrats and five Republicans. None of the other sponsors are quoted nor are their religious affiliations, if any, disclosed. Talking to the Democrats would have been a nice touch.


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