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Monday, April 14, 2025

SCOTUS

Five faith facts about the life of Ketanji Brown Jackson, the first Black woman at SCOTUS

Five faith facts about the life of Ketanji Brown Jackson, the first Black woman at SCOTUS

Faith. It’s an important part of Ketanji Brown Jackson’s story.

Here are five religion facts about the 51-year-old judge who on Thursday became the first Black woman confirmed to the U.S. Supreme Court:

1. Jackson will be “the first-ever nondenominational Supreme Court justice,” as Christianity Today’s Kate Shellnutt points out.

2. She’ll become the second current Protestant on the court (along with Neil Gorsuch), joining six Catholics (Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, John Roberts, Sonia Sotomayor and Clarence Thomas) and one Jewish justice (Elena Kagan), according to Christianity Today’s Megan Fowler.

But Religion News Service’s Jack Jenkins tweets that Jackson will be “the only current Supreme Court justice who publicly IDsas Protestant.” “Gorsuch attended an Episcopal church before joining SCOTUS,” Jenkins explains, “but grew up Catholic and how he personally IDs is unclear.”

3. Jackson “has put her religious faith front, center — and vague,” notes The Associated Press’ Peter Smith. “She’s spoken strongly of the role of her faith in her life and career but hasn’t gotten into the specifics of that commitment.”

RNS’ Adelle Banks offers more details on Jackson’s past statements about her faith in God.

4. At a hearing last month, Jackson was pressed on her faith by Sen. Lindsey Graham, a Republican from South Carolina, ReligionUnplugged.com’s Hamil R. Harris reports.

The Deseret News’ Kelsey Dallas recounts this exchange between Graham and Jackson:

“On a scale of 1 to 10, how faithful would you say you are in terms of religion? I go to church probably three times a year so that speaks poorly of me. Do you attend church regularly?,” Graham said.

Jackson declined to give a rating, noting that she worried about the message doing so would send to Americans watching at home.


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Plug-In: Nation's religion-beat pros gather -- in person this time -- for annual conference

Plug-In: Nation's religion-beat pros gather -- in person this time -- for annual conference

BETHESDA, Md. — Let’s make this quick. I need sleep.

Seriously, I wrote this week’s post after an exhilarating — but exhausting — first day of the Religion News Association’s annual meeting.

Journalists who cover religion news — including ReligionUnplugged.com’s own Meagan Clark and Hamil Harris — convened Thursday at a hotel northwest of Washington, D.C.

It’s RNA’s first in-person conference in 2½ years.

Session topics range from expanding global religion coverage to when to label a religious group a cult. Follow the Twitter hashtag #RNA2022 to keep up with all the Godbeat discussions.

But be warned: The news doesn’t stop for any conference.

As attendees picked up their name tags Thursday morning, the U.S. Supreme Court “ruled 8-1 in favor of a death row inmate seeking to hear vocal prayers and feel his pastor’s touch as he dies,” as the Deseret News’ Kelsey Dallas reports.

“OF COURSE the Supreme Court is making me handle breaking news during my conference trip,” Dallas tweeted.

For more background on the case, see past coverage here and here.

Power Up: The Week’s Best Reads

1. Jackson invokes her Christian faith, stays mum on specifics: “Judge Ketanji Brown Jackson has put her religious faith front, center — and vague.” I love that lede by The Associated Press’ Peter Smith.


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What role will religion play in current U.S. Supreme Court nomination intrigue?

What role will religion play in current U.S. Supreme Court nomination intrigue?

When President Biden soon chooses a successor to Supreme Court Justice Stephen Breyer, journalists will need to keep in mind highly contentious religious issues, not just on matters like abortion but over how much to limit First Amendment claims of religious freedom, as in same-sex disputes, and where to draw lines on church-state separation.

Liberal, secularist and separationist voices are quick out of the gate with warnings to Biden about the Court's 6-3 conservative majority. Americans United for Separation of Church and State wants a new justice who'll be "a bulwark against the court's ultra-conservative majority, who seem set on redefining religious freedom as a sword to harm others instead of a shield to protect all of us." This lobby asserts that "our democracy depends on it."

A must-read from the cry-of-alarm forces is the analysis of numerous recent Supreme Court religion rulings from Ian Millhiser — Vox.com's specialist covering law and "the decline of liberal democracy." He asserts that a religion "revolution" is the "highest priority" of the Court's six Republican appointees, who are "rapidly changing the rules of the game to benefit" religious interests.

However, Kelsey Dallas at Salt Lake City's Deseret News tabulates that Breyer, in tandem with fellow liberal Justice Elena Kagan, voted with conservative justices in nine out of the 13 Court's decisions from 2006 to 2020 that backed religious-freedom claims.

The most illustrative example of the Jewish justice's thinking came in 2005 with two apparently contradictory rulings about Ten Commandments displays on public property. Beyer formed a 5-4 majority to permit the display on the Texas state Capitol grounds (Van Orden v. Perry) but then switched to create a 5-4 majority that outlawed displays in two Kentucky courtrooms (McCready County v. A.C.L.U.)

How come? Breyer advocated the "fullest possible" religious liberty and tolerance to avoid societal conflict.


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Newsy thinking about SCOTUS, sports images, religious liberty and the Sexual Revolution

Newsy thinking about SCOTUS, sports images, religious liberty and the Sexual Revolution

Wait, you mean there was another important religion story during the traffic jam of stories about the right vs. further right showdown at the Southern Baptist Convention and America’s Catholic bishops arguing about Holy Communion, the Catechism and liberal Catholic politicos?

Obviously, I noticed headlines such as this one in the Washington Post: “Supreme Court unanimously rules for Catholic group in Philadelphia foster-care dispute.”

The word “unanimous” is certainly important, in the fractured age in which we live. But look for the other crucial word in the overture on that story:

The Supreme Court ruled unanimously … that Philadelphia was wrong to end a Catholic group’s contract to provide foster-care services because the organization refused to work with same-sex couples.

It was the latest victory for religious organizations at the increasingly conservative court, and the second time it has ruled against governments trying to enforce an anti-discrimination law protecting LGBTQ rights against those claiming religious liberty.

But the opinion, written by Chief Justice John G. Roberts Jr., was narrow enough to draw the support of the court’s three liberals — and the consternation of its three most conservative members for not going further.

Obviously, the crucial word is “but.” This ruling encouraged some church-state conservatives, but also provided some hope for those who believe that the Sexual Revolution will, more often than not, trump the free exercise of religion.

So, it’s time for two think pieces that explore the degree to which this ruling was a win for religious liberty.

No surprise here: Religious liberty pro David French, of The Dispatch, was encouraged: “Four Things You Need to Know After a Huge Day at SCOTUS — ‘Good night, Employment Division v. Smith. Good work. Sleep well. I’ll most likely kill you in the morning​.’ “ Here is his reaction, at the level of SCOTUS personalities:


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Plug-In: What 'Never Trumper' Russell Moore's departure from ERLC means for SBC

Plug-In: What 'Never Trumper' Russell Moore's departure from ERLC means for SBC

Religion News Service national writer Bob Smietana picked up one Moore big scoop this week.

Back in March, Smietana broke the internet with news of Beth Moore no longer identifying as a Southern Baptist.

This week, Smietana — one-time “longhaired, hippy wannabe songwriter” turned highly content religion reporter — was the first to confirm the embattled Russell Moore leaving the Southern Baptist Convention’s Ethics and Religious Liberty Commission.

The ERLC’s president since 2013 will join Christianity Today, the influential evangelical magazine founded by the late Rev. Billy Graham in 1956. He’ll “serve as a full-time public theologian for the publication and … lead a new Public Theology Project.”

At the Washington Post, religion writers Sarah Pulliam Bailey and Michelle Boorstein point out that Russell Moore “blasted former president Donald Trump and his evangelical fans.” His ERLC resignation prompts questions about the SBC’s future:

Moore’s departure from the convention’s Ethics & Religious Liberty Commission (ERLC) follows other high-profile exits from the denomination, including popular Bible teacher Beth Moore (no relation) and Black pastors. Some evangelicals are wondering what their departures signal about the direction of the convention, which has included louder voices on the far right in recent years.

Read additional coverage from The Tennessean’s Holly Meyer, the Wall Street Journal’s Ian Lovett and GetReligion’s Terry Mattingly.

Also, if you can’t get enough of Smietana and the Southern Baptists, check out this piece on “the grievance studies hoaxer and atheist” who is “on a crusade against what he sees as a ‘woke’ invasion of the nation’s largest Protestant denomination.”


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Vague doctrine at for-profit company? Tennessean nails key issue in new Ramsey lawsuit

Vague doctrine at for-profit company? Tennessean nails key issue in new Ramsey lawsuit

Get ready for more stories in which religious believers clash with the increasingly woke doctrines proclaimed, and enforced, by the Human Resource personnel in modern corporations.

Can your company fire you for declining to use a colleague’s preferred pronouns? What happens if (a) someone declines to remove a study Bible from his or her desk or (b) some believers refuse to hang LGBTQ+ rainbow solidarity posters in their offices? What if an employee marches in a right-to-life parade? Battles continue, in some workplaces, over crosses, beards, headwear and other religious symbols.

That’s one side of the HR culture wars. Meanwhile, it’s clear — pending the outcome of the Equality Bill debates — that faith-defined nonprofits have the right to create lifestyle and doctrinal covenants for the people who chose to sign them and, thus, work in these ministries.

But what about for-profit companies led by executives who want to maintain faith-friendly images? What are the limits on their policies?

For example, Hobby Lobby won its U.S. Supreme Court case after rejecting the Obamacare requirement that contraceptives be included in employee benefits packages. But what if for-profit company leaders said that, for faith-based reasons, they could investigate and fire employees who USED contraceptives?

This brings us to another fascinating dispute inside the Ramsey Solutions empire. The Tennessean headline asks: “Can you be fired over your sex life? Dave Ramsey thinks so.” Here is the overture:

While a former employee has accused Ramsey Solutions of terminating her because of her pregnancy, the company disputes the claim. Company lawyers said in court filings the employee was fired for premarital sex and so were a dozen other employees.

Former administrative assistant Caitlin O'Connor, who was employed by Ramsey Solutions for over four years and never disciplined, said when she announced she was pregnant in June and requested paperwork for maternity leave, she was terminated for her pregnancy since she isn't legally married to her longtime partner, the baby's father.

Lawyers for Ramsey Solutions, owned by Dave Ramsey — a conservative financial titan who made headlines when he hosted a giant Christmas party during the pandemic and refused to let his employees work from home — said O'Connor wasn't fired because she was pregnant. She was terminated for having premarital sex.


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Christians, Jews, Muslims and lobbyists left and right fret over SCOTUS 'donor privacy' case  

Christians, Jews, Muslims and lobbyists left and right fret over SCOTUS 'donor privacy' case   

What cause could ever possibly unite Christian Right activists, the Council on American-Islamic Relations, the Zionist Organization, "pro-family," "pro-life," "pro-choice" and gun-rights lobbies, Mitch McConnell, the American Civil Liberties Union, Chamber of Commerce, Judicial Watch, NAACP, People for the Ethical Treatment of Animals, Planned Parenthood, Southern Poverty Law Center, Columbia University's First Amendment institute and religious-liberty advocates?

Answer: These and many more are allied in the Americans for Prosperity Foundation v. Becerra case (#19-251), which the U.S. Supreme Court put on its upcoming docket January 8.

Yes, that Becerra is Xavier, as in President Biden's controversial pick for secretary of Health and Human Services, acting in his previous role as California's attorney general. Moreover, this situation implicates the track record of his predecessor as A.G., Kamala Harris — now U.S. vice president and a major 2024 presidential prospect.

At issue is "donor privacy." Non-profit groups cannot operate or raise money in the state of California unless they give its attorney general the names and addresses of their major donors, the same list that's required as an appendix to their federal IRS returns. The non-profits argue that this violates their right to freedom of association under the Constitution's First Amendment.

Obviously this is something for alert media eyes, including pros on the religion beat.

Adding to news interest, this case displays contrasting beliefs of the U.S. Department of Justice in its Trump Administration brief filed last November (.pdf here) versus its revised stance under the new Biden Administration (.pdf here). The Trump brief strongly backs non-profit interest groups. The Biden brief dodges the question and asks the court to bounce the case for further investigation.

Religion specialists note: The Supreme Court consolidated the Americans for Prosperity case, raised by the libertarian political foundation established by the Koch brothers, with a second appeal from the Thomas More Law Center. This second agency provides free legal representation for "people of faith" to uphold "the religious freedom of Christians, time-honored family values and the sanctity of human life."


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Yearenders-palooza finale: 2020 Top 10 religion-news lists from several Getreligionistas

Yearenders-palooza finale: 2020 Top 10 religion-news lists from several Getreligionistas

OK. This is it. I promise. This is the last GetReligion #2020 Top 10 religion-news post that you’re going to see. I think. And sorry about the Kiss 2020 goodbye concert video with this post (I could not resist).

Let me be clear what this is. A few of us have already written columns or posts evaluating the results of the Religion News Association poll, like this “On Religion” column that I shared here: “Of course the pandemic was top 2020 religion-news story: But which COVID-19 story?

However, each of us — when creating our own personal lists — saw the religion-news landscape through our own lens. Thus, I thought readers might enjoy seeing all of the RNA poll items — 27 news events and trends were on the ballot — and how some of us arranged them. Some readers, for example, have expressed a desire to explore what was left OFF the list and how the items were described on the official ballot. Read it all at the RNA.org website.

As I said earlier, in the GetReligion podcast and post in which I shared my own ballot (“The year when religion news went viral, and that was a bad thing”), I thought the key was that the COVID-19 crisis was several stories in one. I thought the most important angle was the First Amendment fights, so I wrote:

According to journalists who cover religion, this was the year's biggest story: "COVID-19 pandemic claims lives of many religious leaders and laity, upends death rituals, ravages congregational finances, spurs charitable responses, forces religious observances to cancel or go online and stirs legal fights over worship shutdowns."

But there was a problem on my ballot. The RNA list included another coronavirus item focusing on religious liberty. In some cities and states, officials created pandemic regulations that claimed many institutions — from grocery stores to casinos — provided "essential services." Meanwhile, other institutions — like churches and synagogues — were deemed "non-essential."

The U.S. Supreme Court eventually ruled that religious institutions shouldn't face tougher rules than secular groups and activities. It was wrong, for example, to ban masked priests from hearing confessions – outdoors, 10 feet away from masked penitents – while consumers were lined up at liquor stores.

Ryan Burge, in a post this weekend, had a similar take at the top of his list, stressing First Amendment and Supreme Court issues. The key, he said, was this: “I made a list based on what I thought would have the most lasting impacts into 2021 and beyond.”

So that brings us to new material from other members of the team, starting with Julia Duin. She sent me an email raising another issue with the RNA results:


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Final #2020 podcast: The year when religion news went viral, and that was a bad thing

When you have been studying the Religion News Association’s Top 10 religion stories poll for as many years as I have (starting around 1980), it’s easy to spot patterns.

In normal years, religion-beat specialists tend to place several familiar items at or near near the top of the poll. You can see that by looking at Internet-era polls (click here). Like what?

* Whatever the pope did or said that drew headlines, especially if there was a USA tour.

* Religion affecting American politics (especially following the birth of the Religious Right after Roe vs. Wade). Big Supreme Court decisions often fit into this niche.

* Major religion-related wars or acts of terrorism around the world.

* What happened with liberal Protestantism — especially Episcopalians — and the whole God vs. the Sexual Revolution thing?

* For a decade or so, Southern Baptist warfare was a year-to-year story (stay tuned for future developments).

* Sex scandals involving bad conservative religious groups or leaders (since hypocrisy is more newsworthy than mistakes made by good liberals as they evolve).

As always, the year’s final “Crossroads” podcast (click here to tune that in) focused on the results of the RNA poll and what might happen in the year ahead. My own “On Religion” column about the 2020 poll is running in mainstream newspapers this weekend and it will be posted here and at Tmatt.net in a day or so.

This was not, as you would expect, a “normal” year in the poll — unless you want to say that, instead of wars or acts of terrorism, the world experienced a pandemic. COVID-19 showed up twice in the RNA poll and even those two items understated the size and complexity of this story.

Looking forward: How many congregations and clergy will we lose in the next few years because of the impact — in terms of stress, as well as finances — of this pandemic?

Anyway, I thought GetReligion readers might want to see my own ballot in this poll, which was similar to the poll final results (click here for those) — but with some crucial variations. For starters, I took the two RNA coronavirus pandemic stories and turned them into items 1(a) and 1(b) by placing them at the top.

I have added a few bites of commentary to this list. Let me stress that this list is my ballot, but features the RNA-poll wordings that describe each “story” or trend.


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