GetReligion
Tuesday, April 01, 2025

RFRA

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.


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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. …


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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.


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Washington Post explores Joe Biden's faith, while embracing language of Catholic left

Any serious discussion of Catholicism and national politics has to include material from the 1960 speech by Democratic candidate John F. Kennedy to the Greater Houston Ministerial Association.

This would certainly be true — #DUH — of discussions of the life and times of President-elect Joe Biden. I would say the same thing about citing the “personally opposed, BUT … “ approach to doctrine seen in the 1984 speech by the late New York Gov. Mario Cuomo at the University of Notre Dame.

Right now, there are Catholics arguing about whether Biden is “a Roman Catholic.” It’s safer to say, at this point, that he is an American Catholic or even a Cuomo at Notre Dame Catholic.

This brings us to the must-read Washington Post story that ran the other day with this headline: “Biden could redefine what it means to be ‘a Catholic in good standing.’ Catholics are divided on whether that is a good thing.” The key words are “in good standing” — referring to Biden continuing to be active in the sacraments of the Catholic faith, as symbolized by him going to Mass and receiving Holy Communion.

In terms of journalism, the good news is that this Post story quotes Catholic voices on both sides of this doctrinal debate. The bad news is that key passages in this report are worded — oh so precisely — in ways that will please Catholics on the doctrinal left and infuriate those on the doctrinal right.

Hold that thought. First, what did Kennedy say in 1960? Here is a crucial summary passage, with JFK stressing that his personal Catholic beliefs would never force his hand when making political decisions.

… (These) are my views. For contrary to common newspaper usage, I am not the Catholic candidate for president. I am the Democratic Party's candidate for president, who happens also to be a Catholic. I do not speak for my church on public matters, and the church does not speak for me.

Whatever issue may come before me as president — on birth control, divorce, censorship, gambling or any other subject — I will make my decision in accordance with these views, in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates. And no power or threat of punishment could cause me to decide otherwise.

Later, a witty critic noted (my online searches haven’t yielded the name) that anyone who knew anything about JFK’s private life would have to say this was the rare example of a presidential candidate making a campaign promise that it was absolutely certain that he would keep.

Kennedy makes his first appearance at the end of the Post article’s overture:


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How should Biden-era Americans understand 'religious freedom' and First Amendment?

THE QUESTION:

What does American “religious freedom” now mean?

THE RELIGION GUY’S ANSWER:

Protection of Americans’ “free exercise” of religion has been guaranteed by the Bill of Rights for 229 years and counting.

Until recently, people generally agreed on what this means. The debates involved whether this constitutional right should be exercised or restricted in specific, unusual situations. For example, the Supreme Court has permitted the Santeria faith to conduct ritual slaughter of animals, and exempted Amish teens from mandatory high school attendance laws.

Now this principle is swept up into culture wars that divide the population and the two political parties. In October, the Brookings Institution, a moderately liberal think tank, issued a lengthy white paper titled “A Time to Heal, A Time to Build” with recommendations on religion policy for the U.S. president. It states that the older consensus “began breaking down as new issues emerged, particularly around the struggle for LGBTQ equality.” Brookings consulted 127 experts on church and state for this document, though few were from the so-called “religious right.”

Consider some history: Back in 1993, Democrats were central in passage of the federal “Religious Freedom Restoration Act.” Then-Congressman Chuck Schumer, who is Jewish, introduced the bill in the House, where it won 170 co-sponsors and easily passed by voice vote. In the Senate, Ted Kennedy, a Catholic, was the Senate co-sponsor with Republican Orrin Hatch, a Latter-day Saint, and the act was approved 97–3. President Bill Clinton, a Protestant, enthusiastically signed it into law.

The act states that government cannot “substantially burden” the “exercise of religion,” even when the burden applies to people generally, unless limiting of the freedom is “the least restrictive means” to further a “compelling governmental interest.” Those whose freedom is wrongly suppressed have the right to “obtain appropriate relief” in court. (This restored prior U.S. Supreme Court doctrine that the court had shelved in its 1990 Smith ruling.)

That was then.


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Justice Alito warns: To spot religious-liberty trends in USA, listen to voices on campuses

Justice Alito warns: To spot religious-liberty trends in USA, listen to voices on campuses

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list – 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.


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Joe Biden, Democrats face tough religious issues in public life that will not go away

Joe Biden, Democrats face tough religious issues in public life that will not go away

It didn't matter where Pete Buttigieg traveled in Iowa and the early Democratic Party primaries – voters kept asking similar questions.

Yes, they asked about his status as the first openly gay major-party candidate to hit the top tier of a presidential race. But they also wanted to know how his faith journey into the Episcopal Church affected his life and his take on politics.

"Those who are on my side of the aisle, those who view themselves as more progressive, are sometimes allergic to talking about faith in a way that I'm afraid has made it feel as if God really did have one political party," said Buttigieg, addressing a webinar for clergy and laypeople in his denomination's House of Deputies.

"It was very important to me to assert otherwise, but also to talk about the political implications of the commandments to concern ourselves with the well-being of the most marginalized and the most vulnerable and the idea that salvation has to do with standing with and for those who are cast out in society. … That energy carried the campaign, in ways that I never would have guessed."

But highly motivated religious believers are, of course, often divided by conflicts about doctrine that then spill over into politics.

Buttigieg waded into one such controversy during the campaign when candidate Beto O'Rourke said congregations and religious institutions that reject same-sex marriage should lose their tax-exempt status.

“If we want to talk about anti-discrimination law for a school or an organization, absolutely. They should not be able to discriminate," said Buttigieg, on CNN's State of the Union broadcast. "But going after the tax exemption of churches, Islamic centers or other religious facilities in this country, I think that's just going to deepen the divisions we are already experiencing."

Other Democrats face similar hot-button issues. Former vice president Joe Biden, during his fight over the "soul of the nation" with President Donald Trump, is sure to hear questions about his Catholic faith and his evolving beliefs on moral and political issues.

Biden backed the Religious Freedom Restoration Act in 1993 and the Defense of Marriage Act in 1996. His views changed, while serving with President Barack Obama.

A key moment came in 2016, when Biden performed a same-sex marriage rite.


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Are the Sexual Revolution vs. religious liberty wars over at Supreme Court? Let's ask Bluto ...

Want to hear a depressing question?

How many years, or even months, will it take for someone to pull the Little Sisters of the Poor back to the U.S. Supreme Court for another case linked to the status of Obamacare’s contraception mandate?

That’s right. The odds are good that we can brace ourselves for yet another Little Sisters of the Poor vs. the United States of America (or maybe the leaders of a blue-zip-code state or local government).

I predict that we will see Little Sisters of the Poor Round 4 in the headlines sooner or later, for reasons that host Todd Wilken and I discussed during this week’s “Crossroads” podcast (click here to tune that in).

For starters, in this recent case the high court upheld an executive order from the Donald Trump White House, as opposed to grounding its decision in the defense of a specific piece of legislation — as in the Religious Freedom Restoration Act (RFRA) of 1993. You may recall that this bill defending a liberal (in the old sense of that word) take on religious freedom passed with an impressive margin — 97-3.

One of the sponsors of that legislation — which was backed by a Clinton-Gore era coalition of liberals and conservatives — had this to say about its importance:

Today I am introducing legislation to restore the previous rule of law, which required the Government to justify restrictions on religious freedom. …

Making a religious practice a crime is a substantial burden on religious freedom. It forces a person to choose between abandoning religious principles or facing prosecution. Before we permit such a burden on religious freedom to stand, the Court should engage in a case-by-case analysis of such restrictions to determine if the Government’s prohibition is justified. …

This bill is needed because even neutral, general laws can unnecessarily restrict religious freedom.

That was U.S. Sen. Joseph Biden, of course, during an era when he was considered a moderate who tended to stand with the U.S. Catholic Bishops on quite a few social and moral issues.

The question now is this: What are the odds that one of the first things President Joe Biden’s team will do is erase most, if not all, of the Trump-era executive orders linked to religious liberty and the First Amendment?


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Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

Stay tuned: Ceasefire in battles between LGBTQ rights and religious liberty?

No doubt about it, someone will have to negotiate a ceasefire someday between the Sexual Revolution and traditional religious believers, said Justice Anthony Kennedy, just before he left the U.S. Supreme Court.

America now recognizes that "gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth," he wrote, in the 2018 Masterpiece Cakeshop decision. "The laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression."

Kennedy then punted, adding: "The outcome of cases like this in other circumstances must await further elaboration in the courts."

The high court addressed one set of those circumstance this week in its 6-3 ruling (.pdf here) that employers who fire LGBTQ workers violate Title VII of the Civil Rights Act, which banned discrimination based on race, color, religion, sex or national origin.

Once again, the court said religious liberty questions will have to wait. Thus, the First Amendment's declaration that government "shall make no law … prohibiting the free exercise of religion" remains one of the most volatile flashpoints in American life, law and politics.

Writing for the majority, Justice Neil Gorsuch – President Donald Trump's first high-court nominee – expressed concern for "preserving the promise of the free exercise of religion enshrined in our Constitution." He noted that the Religious Freedom Restoration Act of 1993 "operates as a kind of super statute, displacing the normal operation of other federal laws." Also, a 1972 amendment to Title VII added a strong religious employer exemption that allows faith groups to build institutions that defend their doctrines and traditions.

Nevertheless, wrote Gorsuch, how these various legal "doctrines protecting religious liberty interact with Title VII are questions for future cases too."

In a minority opinion, Justice Samuel Alito predicted fights may continue over the right of religious schools to hire staff that affirm the doctrines that define these institutions – even after the court's 9-0 ruling backing "ministerial exemptions" in the Hosanna-Tabor Evangelical Lutheran Church and School case in 2012.


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