Farewell to 'reindeer rules'? Indiana nativity scene case could have been turning point

Farewell to 'reindeer rules'? Indiana nativity scene case could have been turning point

Year after year, the Lion's Club sets up wire-frame Christmas decorations on the lawn of the historic Jackson County courthouse, facing Main Street in Brownstown, Ind.

The display, which belongs to the local ministerial alliance, glows from dusk to dawn from Thanksgiving until New Year's Day, with the county providing the electricity.

This led to yet another "Christmas Wars" dispute, with the recent Woodring v. Jackson County court decision offering a precise description of this tableau.

There is a "waving Santa Claus with his sleigh, a reindeer, seven large candy-striped poles, the nativity scene … and four carolers standing in front of a lamp post," noted Seventh Circuit Judge Amy Joan St. Eve. "Santa Claus and the reindeer are on the left. …To their right are three gift-bearing kings (Magi) and a camel, who look upon the nativity. On the right side of the sidewalk, Mary, Joseph, and infant Jesus in the stable are flanked on each side by trumpet-playing angels. To their right are several animals facing the nativity. The carolers stand in front of the animals, closer to Main Street."

Before the 2018 lawsuit, the Freedom From Religion Foundation warned that the nativity scene needed to come down. County officials responded by moving Santa and other secular symbols closer to the telltale manger.

That move was clearly linked to what activists call the "reindeer rules," in which secular and sacred symbols are mixed to honor guidelines from the Supreme Court's Lemon v. Kurtzman in 1971. The "Lemon test" asks if a government action's primary effect advanced religion, as opposed to a secular purpose, thus entangling church and state.

But the majority in the new 2-1 decision in Indiana argued that the "nativity scene is constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas."

This post-Christmas decision in the heartland may have been a turning point.

"To the degree that the reindeer rules were based on Lemon, this decision said that we now have a new Supreme Court precedent. The reindeer rules appear to be gone," said Diana Verm, senior counsel for the Becket Fund for Religious Liberty, which filed a brief in the case.


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Ask any church-state lawyer and you'll hear that this is a hard question: What is religion?

Ask any church-state lawyer and you'll hear that this is a hard question: What is religion?

THE QUESTION:

What is religion?

THE RELIGION GUY’S ANSWER:

Oddly, “Religion Q&A” entered its ninth year online before getting around to this question.

It’s not an easy one.

During the tax season, we may not feel particularly fond toward the IRS but can pity the staffers who spent years on a long-running dispute that ended in 1993 when the godless Scientology system was finally defined as a “religion” and thus eligible for the tax exemption benefit.

Then there are the federal and state disputes — beloved of journalists and too numerous to summarize here — over tax exemption for the “Universal Life Church,” and whether marriages performed by its clergy are legit. The ULC provides instant internet ordinations, sometimes for the likes of comedian Conan O’Brien, with no questions asked and no requirements of training, creed, or church. The ordination itself is free but the group sells such paraphernalia as a “Doctor of Divinity” certificate, a bargain at $20, and a $59.99 kit for performing weddings.

Let’s back up for the basics. Whatever the IRS might think, here are definitions of “religion” from the authoritative Merriam-Webster folks :

* “The service and worship of God or the supernatural.”

* “Commitment or devotion to religious faith or observance” (which is certainly a circular definition. Religion is religious.).

* “A personal set or institutionalized system of religious attitudes, beliefs, and practices.” (Again, religion is religious.)

* “A cause, principle, or system of beliefs held to with ardor and faith.” (This means devoutly embraced atheism or Communism can be deemed a de facto religion although, as “Religion Q & A” has learned over the years, this terminology can provoke atheists’ fury.)

Another definition, labeled “archaic,” is “scrupulous conformity” to something.


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Which issue drew more ink? SBC on Trump-era rifts, race, #ChurchToo abuse, gay marriage

Which issue drew more ink? SBC on Trump-era rifts, race, #ChurchToo abuse, gay marriage

Here’s a question for GetReligion readers, including journalists: Are you surprised that the Southern Baptist Convention still believes sex outside of marriage is sin and, yes, that marriage is defined — by two millennia of Christian teaching — as the union of man and woman?

All of you who are surprised, please raise your hands.

There shouldn’t be many hands in the air on that one.

Now, would you say that SBC action on that question is, well, sexier than the decision by the national convention’s executive committee to oust two congregations for violating guidelines on sexual abuse, following in the wake of many #ChurchTwo revelations (especially in major Texas newspapers)?

Meanwhile, SBC President J.D. Greear offered up a blistering speech to the executive committee in which he addressed what he called demonic attacks on SBC unity, attacks centering on two hot-button topics — racism and (to be blunt) Donald Trump-era politics.

Of these four issues, want to guess which drew mainstream-press headlines? That’s the question that host Todd Wilken and I discussed during this week’s “Crossroads” podcast. Click here to tune that in or head over to iTunes to subscribe.

According to the Associated Press, the biggest news was that totally predictable decision linked to marriage and sex. Meanwhile, I am happy to report that The New York Times produced a story that, while the headline was predictable (“Southern Baptists Expel 2 Churches Over Sex Abuse and 2 for L.G.B.T.Q. Inclusion”), was updated to become a solid look at the tensions surrounding Greear and some of these issues. We will come back to both of those stories.

But first, I think GetReligion readers need to read a large chunk of the (edited) text from the Greear broadside. (Click here for Baptist Press coverage and, most of all, here for a file that includes the full video.)

The key: Greear sets out to affirm the 1980s SBC move to the right on issues of biblical authority, while repudiating what he calls the “leaven of the Pharisees” emerging on the SBC’s right flank. The following is long, I know, but essential to understanding what is happening right now in America’s largest Protestant flock:


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'Follow the science': Is there room for Catholic voices in COVID-19 news coverage?

'Follow the science': Is there room for Catholic voices in COVID-19 news coverage?

The phrase “follow the science” may very well be one of the most annoying to emerge from this pandemic. It’s proudly used by politicians, often to talk down to the rest of us when they are trying to chide political conservatives or religious people (not always the same thing) on an array of issues.

Was New York’s Gov. Andrew Cuomo “following the science” when his executive order last year forced elderly patients with COVID-19 be returned to nursing homes rather than kept in hospitals? He eventually reversed the order — but his administration remains in hot water after admitting they covered up the number of nursing home deaths. At least he didn’t fly to Cancun in the middle of all of it.

While he received wave after wave of positive press coverage, Cuomo’s actions last year were anti-science, since understanding how the virus was spreading at the time was critical to stopping it nationwide. The U.S. Attorney in Brooklyn and the FBI are now investigating the matter.

“Follow the science” is a phrase that has been used by politicians and mimicked by the mainstream press. A Google News search of the phrase yields 203,000 mentions. In mainstream news outlets, particularly last year when Donald Trump was president, the phrase became an attack on the administration’s handling of the virus. Post-Trump, the phrase continues to be one that journalists, especially in newsrooms like The New York Times are eager to quote.

This piece — “Studies Examine Variant Surging in California, and the News Isn’t Good” — began like this:

A variant first discovered in California in December is more contagious than earlier forms of the coronavirus, two new studies have shown, fueling concerns that emerging mutants like this one could hamper the sharp decline in cases over all in the state and perhaps elsewhere. …

“I wish I had better news to give you — that this variant is not significant at all,” said Dr. Charles Chiu, a virologist at the University of California, San Francisco. “But unfortunately, we just follow the science.”

This pandemic may have led to the wide use of this feel-good phrase, allowing government officials (copying what they hear from scientists) to exert enormous powers. However, other politically polarizing issues — such as abortion, transgender rights and climate change — have also led to its overuse. For many journalists, it means something like this: We have the truth on our side, while the rest of you believe in conspiracy theories. It’s a way to stifle debate, while offering lopsided news coverage.

What does it mean for journalism and particularly the impact of Catholic voices in news stories?


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NFL leap of faith? Indy Colts coach is an ordained minister; his QB is a strong believer

NFL leap of faith? Indy Colts coach is an ordained minister; his QB is a strong believer

Here is a trivia question for (the few) GetReligion readers who follow sports, and professional football in particular.

Name the only head coach in the National Football League who is a (a) former pro quarterback, (b) an ordained minister and (c) the former head of a seminary?

Yes, I am not making up that last detail. The answer? That would be (the Rev.) Frank Reich of the Indianapolis Colts.

Now, there is another reason that I brought up Reich and his unique resume (see this Baptist Press piece by Tim Ellsworth, one of my former students in Washington, D.C.), including his service as president of Reformed Theological Seminary in Charlotte, N.C.

The big NFL story, these days, is the unusually high number of big name quarterbacks who are either on the move or asking (or hinting) that they would like to move to other teams. The first big domino to fall in this story was Carson Wentz moving from the Philadelphia Eagles to the Colts.

Wentz should be in the prime of his career, but had an epic slump in 2020, a collapse that was clearly mental and emotional, as well as physical. As many pundits and journalists noted, Wentz hadn’t really been at the top of his game since he lost the quarterback coach — that would be Reich — who helped him become a potential superstar.

ESPN noted that the Colts are:

… banking on their present -- and future -- with Wentz to solve what has unfortunately been a revolving door at quarterback in Indianapolis over the past few years. …

The person responsible for ensuring Wentz is the answer for the Colts?

Reich.

The coach is putting his reputation on the line by believing he can get Wentz, who was his quarterback when he was the offensive coordinator in Philadelphia, back to the level when he was considered an MVP contender before a season-ending knee injury in 2017. …


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United Methodists remain on clock: Will 2022 see biggest church split since Civil War? (updated)

United Methodists remain on clock: Will 2022 see biggest church split since Civil War? (updated)

The United Methodist Church is on the brink of America's biggest religious schism since the Civil War, with the conflict centering on sexual morality, biblical authority and theological liberalism.

At stake is an empire with 6.7 million U.S. members and 31,000 congregations located across most American counties, 6.5 million members overseas and $6.3 billion in annual donations (though there's now a severe money crunch). Many of those churches sit on prime urban and suburban real estate.

But when? The 2020 General Conference to settle matters was postponed until this coming Aug. 29- Sept. 7 in Minneapolis, a city that currently limits meetings to 150 people. News calendars are iffy until the imminent UMC decision on whether it can meet then, or must delay a second time or whether it's possible to manage such a complex international meeting online.

Whenever and however delegates assemble, by most accounts they're prepared to adopt some version of the 33-page "Protocol of Reconciliation & Grace Through Separation" (.pdf here) hashed out last year via professional mediation among representatives of various factions.

One breakaway has occurred prematurely. Online worship last Nov. 29 established the hard left "Liberation Methodist Connection." The new denomination is intended for Methodist exiles to live out their "God-given identities" regardless of not only same-sex identity but e.g. gender expression, sexual non-monogamy, immigration status, piercings, body art or drug use.

However, the main event involves who inherits the UMC's name, logo, endowments, properties and structures. In U.S. Methodism, liberals and centrists combined have political power to install a laissez-faire LGBT policy, while the evangelical wing dissents alongside millions of Methodists in Africa and the Philippines. (This structure is unusual. Most "mainline" denominations that have legislated full LGBT inclusion are U.S.-only.)

The Wesleyan Covenant Association figures conservative congregations and pastors will happily leave behind UMC assets, schools and agencies and is busily preparing a new breakaway denomination under "Protocol" terms that would merge Americans and booming churches overseas.


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What's new about Joe Biden's White House faith office and why this story bears watching

What's new about Joe Biden's White House faith office and why this story bears watching

Not to anyone’s huge surprise, President Biden has resurrected a faith-based office as the religious face of the Biden White House.

Don’t yawn yet. There are some intriguing differences between what President Obama’s faith-based office was like and what Biden is proposing. The office’s most recent incarnation includes discussion about race, Covid, pluralism and “constitutional guarantees.” From Religion News Service:

President Joe Biden signed an executive order on Sunday (Feb. 14) reestablishing the White House Office of Faith-Based and Neighborhood Partnerships, undoing former President Donald Trump’s efforts to reshape an agency that went largely unstaffed for most of his tenure.

I do need to take some issue with the top paragraph. Trump did have a faith-based office called the Faith and Opportunity Initiative, and it was headed up by Paula White-Cain, a Florida-based televangelist with no government experience.

However, her connections among evangelicals and charismatics were second to none, and those were the folks who Trump saw as essential to his surprise 2016 victory. They got well-publicized visits to the White House and photo ops in the Oval Office. What’s not as well known is there were Jewish groups who also had access through White-Cain; something I learned when I was researching this 2017 profile on Paula.

In a statement accompanying the announcement of the executive order, Biden echoed his recent remarks to the National Prayer Breakfast, bemoaning widespread physical and economic suffering due to the coronavirus pandemic, racism and climate change. He added that those struggling “are fellow Americans” and are deserving of aid.

“This is not a nation that can, or will, simply stand by and watch the suffering around us. That is not who we are. That is not what faith calls us to be,” he said. “That is why I’m reestablishing the White House Office of Faith-Based and Neighborhood Partnerships to work with leaders of different faiths and backgrounds who are the frontlines of their communities in crisis and who can help us heal, unite, and rebuild.”

I still think White-Cain let in more folks than most people knew but she got no credit for it.

The White House announced the appointment of Melissa Rogers, a First Amendment lawyer and senior fellow at the Brookings Institution, to oversee the office, as she did in former President Barack Obama’s second term. Rogers will also serve as senior director for faith and public policy in the White House Domestic Policy Council.

I interviewed Rogers for my Paula piece and she was helpful and knowledgeable. She was also accessible to the press and not above taking a few pot shots with how the Trump administration was running its faith-based office in recent years. Clearly, White-Cain either didn’t read or didn’t listen to Rogers’ critiques.


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Reader asks: How can news consumers decide if Ethiopian massacre reports are true?

Reader asks: How can news consumers decide if Ethiopian massacre reports are true?

While Americans focused on the dramatic conclusion of 2020 White House race, reports began circulating in the overseas press claiming that a sickening massacre had taken place in a famous church — a pilgrimage site for the Ethiopian Orthodox.

How famous? For centuries, church officials have claimed that the Church of St. Mary of Zion in Axum contains the Ark of the Covenant.

This was, from the start, a journalism horror story — since Ethiopian officials were preventing foreign journalists from reaching the site of the alleged massacre. At the same time, activists on both sides of the stunningly complex conflict appeared to be working hard to shape the coverage that was taking place.

The other day, a frustrated reader sent me this note, after seeing materials posted online attempting to undercut claims that this massacre of 700-plus believers took place. “I’ve trusted you and your sources for about five years now so I’m hoping you can help get to the bottom of this,” the reader said.

I told the reader that, to me, it appeared that this was a case in which — at this point — certainty was impossible. A careful reader would note that some journalists were saying that claims about the massacre could not be verified — either way. “Human rights activists on left and right are concerned about the report and believe the attack COULD have taken place. But there has been no verification that has been locked down certain,” I said.

If you want to see what we’re talking about, check out these early reports from Catholic News Agency (“Hundreds reportedly dead after massacre at Oriental Orthodox church in Ethiopia”) and The Church Times (“Massacre ‘of 750’ reported in Aksum church complex, Tigray, Ethiopia”).

This is, of course, an argument about the attribution of truth claims. When journalists cannot (for a variety of reasons) do on-site reporting to seek evidence, they frequently are forced to seek the best sources that are available to them (often via telephone or other forms of technology) and report what they can. Here is the crucial point: Journalists have to clearly identify the identity of the sources and let readers know what kind of access they would or would not have to the information.

This leads us to a recent Associated Press story with a headline stating, “ ‘Horrible’: Witnesses recall massacre in Ethiopian holy city.

The key word is, of course, “witnesses.”


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Behind the headlines: As winter storm cripples Texas power grid, people of faith rally to help

Behind the headlines: As winter storm cripples Texas power grid, people of faith rally to help

Texans like to brag that they live in “a whole other country.”

I don’t suppose, though, that whoever came up with that slogan had Siberia in mind.

As a severe winter storm crippled the state’s energy grid this week, my parents were among 4 million residents who lost electricity. Mom and Dad endured a really chilly night before going to stay at my sister’s house for a few days.

Heroes (think “Mattress Mack”) and villains (#FlyingTed) have emerged, while people of faith — as they tend to do during disasters — rally to help.

Here at Religion Unplugged, Jillian Cheney tells the inspiring story of a church that partnered with a Jeep club to rescue snowed-in families.

Houses of worship losing power themselves hampered some efforts to provide reliable sanctuary, but “leaders are doing all they can to connect and comfort their communities,” Christianity Today’s Kate Shellnutt reports.

Churches and other faith groups teamed up to help open an emergency warming center for the homeless at a Dallas convention center, Religion News Service’s Bob Smietana notes.

Catholic churches in San Antonio and Fort Worth opened their doors, according to the Catholic News Agency’s Jonah McKeown.

Among others mobilizing to help: Southern Baptists, Churches of Christ and Episcopalians.

Power Up: The Week’s Best Reads

1. A congregation of avatars: A few pastors minister “to the wild universe of virtual reality, or VR for short,” this fascinating feature by World magazine’s Juliana Chan Erikson explains.


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