Blaine Amendment

Podcast: Why didn't @NYTimes mention complex political history of 'equal access' laws?

The church-state roller-coaster at the U.S. Supreme Court just keeps going and we’re not done yet.

The main purpose of this week’s “Crossroads” podcast (click here to tune that in) was to talk about my recent post about Chief Justice Roberts and his decision to switch sides and defend the high court’s abortion legacy. SCOTUS, on a 5-4 vote, took down a Louisiana state law that would have required doctors working in abortion facilities to have the same kind of admitting privileges at local hospitals and those who work in other specialty surgery centers.

Mainstream journalists didn’t seem interested in the personalities behind that law. To get those ordinary facts, readers had to go to religious and/or “conservative” websites. Thus, I offered this headline: “Conservative news? White GOP justice strikes down bill by black, female pro-life Democrat.” Gov. John Bel Edwards of Louisiana, who signed the bill, is a Democrat, too.

Why did so many journalists ignore that angle? It would appear that those facts didn’t fit into the white evangelicals just love Donald Trump template. Why muddy the political waters with coverage of two Democrats — a black Baptist and a white Catholic?

Lo and behold, by the time we did the live Lutheran Public Radio show, the court had released another 5-4 decision that, at first glance, had little or nothing to do with the Louisiana abortion bill. Here’s the New York Times double-decker headline on that story:

Supreme Court Gives Religious Schools More Access to State Aid

Religious schools should have the same access to scholarships and funds as other private schools, the justices ruled, in a victory for conservatives.

Readers who have followed church-state issues will recognize a key fact that the Times team — to its credit — got into that headline: Secular and religious private schools should be treated the same.

That immediately made me wonder if the Times, and other major mainstream outlets, were going to realize that this “equal access” principle was crucial to the church-state coalition of liberals and conservatives that accomplished so much working with (wait for it) the Clinton White House.

That’s interesting, right?


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New podcast: What's next in terms of Sexual Revolution vs. religious liberty news?

Decisions by the U.S. Supreme Court usually make headlines, especially when the court is bitterly divided. Few things cause as much chaos in American life than 5-4 decisions from on high.

Meanwhile, 9-0 decisions — which are actually quite common — often receive little attention. They are, however, extremely important because they display a unity on the high court that should, repeat “should,” be hard to shatter.

I bring this up, of course, because of the 6-3 SCOTUS ruling redefining the word “sex” in Title VII of the Civil Rights Act of 1964. In the wake of that historic victory for LGBTQ activists, reporters who cover legal issues, especially church-state conflicts, have to start thinking: Where is this story going now?

That’s precisely what “Crossroads” host Todd Wilken and I talked about in this week’s podcast (click here to tune that in). Journalists can expect clashes sooner, rather than later, when it comes to LGBTQ Americans presenting evidence that they were fired, or were not given a fair chance to be hired, at businesses operated by traditional Christians, Jews, Muslims, etc.

One could start a timer, methinks, to measure how long it will be until the first story of this kind breaks involving Hobby Lobby or Chick-fil-A. The more important story, however, will be how this new legislation passed by the Supreme Court will affect traditional religious believers across the nation who own and operate small businesses. Journalists looking for stories on the cultural left will want to visit businesses led by religious believers who stress that they have had no problems with their employees.

However, let’s go back to that other religious question: What is the next shoe that will drop?

With that in mind, reporters may want to ponder the implications of a 9-0 church-state decision at the Supreme Court in 2012 — which isn’t that long ago, in legal terms. I am referring to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. That’s the case that strengthened the concept of a “ministerial exception” that gives doctrinally defined religious institutions great freedom in the hiring and firing of employees. The bottom line: The state isn’t supposed to become entangled in personnel decisions that involve doctrine.

Why does that matter right now? As I argued this week (“ 'But Gorsuch...' crashes at Supreme Court: Now watch for 'Utah' references in news reports“), debates about Title VII religious exemptions are looming in the near future. At that point, all roads lead to the 9-0 ruling on Hosanna-Tabor.

The question legal minds are asking: Are we about to see a drama with two acts?


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'Down-ballot issues': Religion News Service offers a look, but not balance

A quick quiz: How many horses does it take to make a race?

"That's easy," you say; "at least two."

That's right. So you'd want to know about them both.

So it is with the Religion News Service' guide to ballot issues that religious people are watching for the upcoming ballot.

"The nation’s attention may be on the presidential election, but there are a number of down-ballot issues of interest to religious and nonreligious voters," RNS says, and they're right. Their list -- marijuana, gun control, minimum wage, the death penalty, assisted suicide, "public money for religious purposes" --  suggests the range of religious thought in the public sphere.

But in some of the issues, one side seems to enjoy favored status. In some, only one side gets to talk. And in some, only one side is even acknowledged.

Take the death penalty, which is up for review in California, Nebraska and Oklahoma. RNS grants that there are two sides: "In California, almost 30 different religious groups support a death penalty repeal, while in Nebraska, celebrity Christian author Shane Claiborne has spoken in support of retaining a repeal of the death penalty at anti-death penalty events."

But who gets the direct quote?


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