U.S. Supreme Court

Execution chaplain case offers rare sighting of 1990s left-right religious liberty coalition

Execution chaplain case offers rare sighting of 1990s left-right religious liberty coalition

Before putting his neck on the chopping block, King Charles I turned to his chaplain seeking personal peace after the chaos of the English Civil Wars.

The king was, on that infamous 1649 day, pondering heaven, hell and forgiveness.

“To show you that I am a good Christian," the king said, pointing to London Bishop William Juxon, "I hope there is a good man that will bear me witness that I have forgiven all the world, and even those in particular that have been the chief causers of my death. Who they are, God knows, I do not desire to know. God forgive them."

This isn't the kind of theology that ordinarily shapes U.S. Supreme Court decisions. Nevertheless, it was part of a litany of historical references during debates preceding a recent decision requiring Texas to grant a convicted murderer his Baptist pastor's audible prayers and comforting touch during his execution.

This was a rare moment in which activists on both sides of America's culture wars cheered for "religious liberty," a freedom that until recently didn't require cynical "scare quotes" that suggest uncertainty. This trend in First Amendment discourse has, for me, become the most important story I have covered during the third of a century -- as of this week -- in which I have written this national "On Religion" column.

The big question: Why did appeals to centuries of tradition work this time?

The condemned prisoner, John Ramirez, told the court he believed his pastor's "laying on of hands on him as he dies, and the vocalization of prayers and scripture, will assist his passing from life to death and will guide his path to the afterlife."

In his decision, Chief Justice John Roberts saluted the "rich history" of evidence supporting this prisoner's request "to have his pastor lay hands on him and pray over him during the execution. Both are traditional forms of religious exercise."

Jan 6th U.S. Capitol riot or return of Taliban: Which was the top 2021 religion-news story?

Jan 6th U.S. Capitol riot or return of Taliban: Which was the top 2021 religion-news story?

For journalists who braved the chaos, the Jan. 6th riot on Capitol Hill offered a buffet of the bizarre -- a throng of Proud Boys, QAnon prophets, former U.S. military personnel and radicalized Donald Trump supporters that crashed through security lines and, thus, into history.

Many protestors at Trump’s legal "Save America" rally carried signs, flags and banners with slogans such as "Jesus is my Savior, Trump is my president" or simply "Jesus 2020." In this context, "Jesus saves" took on a whole new meaning.

Some of that symbolism was swept into the illegal attack on the U.S. Capitol.

In its poll addressing major religion events in 2021, members of the Religion News Association offered this description of the top story: "Religion features prominently during the Jan. 6 assault on the U.S. Capitol by pro-Trump insurrectionists. Some voice Christian prayers, while others display Christian or pagan symbols and slogans inside and outside the Capitol."

Consider, for example, Jacob Anthony Chansley -- or Jake "Yellowstone Wolf" Angeli. With his coyote-skin and buffalo-horns headdress, red, white and blue face paint and Norse torso tattoos, the self-proclaimed QAnon shaman, UFO expert and metaphysical healer became the instant superstar of this mash-up of politics, religion and digital conspiracy theories.

"Thank you, Heavenly Father … for this opportunity to stand up for our God-given inalienable rights," he said, in a video of his U.S. Senate remarks from the vice president's chair. "Thank you, divine, omniscient, omnipotent, omnipresent Creator God for filling this chamber with your white light and love. Thank you for filling this chamber with patriots that love you and that love Christ. …

“Thank you for allowing the United States of America to be reborn. Thank you for allowing us to get rid of the communists, the globalists and the traitors within our government."

That was one loud voice. A big question that must be answered, in future trials and the U.S. House investigation, is whether it's true -- as claimed by the New York Times -- that the "most extreme corners of support for Mr. Trump have become inextricable from some parts of white evangelical power in America."

Thinking the unthinkable: Is the United States of America veering closer to civil war?

Thinking the unthinkable: Is the United States of America veering closer to civil war?

Call it the "Texit" parable.

America's new civil war begins with the Supreme Court overturning Roe v. Wade, creating an abortion-free zone in the Bible Belt and most heartland states.

Enraged Democrats pledge to end the U.S. Senate filibuster and expand the number of high-court justices. After restoring Roe, they seek single-payer health care, strict gun control and sweeping changes in how government agencies approach the First Amendment, with the IRS warning faith groups to evolve -- or else -- on matters of sexual identity. Big Tech begins enforcing the new orthodoxy.

Conservatives rebel and liberals soon realize that most of America's military, including nuclear weapons, are in rebel territory. Then federal agents kill Alabama's pro-life, Black governor -- while trying to arrest him as a traitor. That's too much for Gov. Francisco Gonzalez of Texas, who decides that it's time for a new republic.

David French fine-tuned this "Texit" vision early in 2020, while finishing "Divided We Fall: America's Secession Threat and How to Restore Our Nation." Best-known as a #NeverTrump conservative pundit, most of the Harvard Law graduate's career has focused on old-school First Amendment liberalism -- which in recent decades has meant defending conservative religious believers in religious liberty cases.

The book's first lines are sobering, especially after recent scenes on Capitol Hill.

"It's time for Americans to wake up to a fundamental reality: the continued unity of the United States cannot be guaranteed," wrote French. Right now, "there is not a single important cultural, religious, political, or social force that is pulling Americans together more than it is pulling us apart."

Americans are divided by their choices in news and popular culture. America remains the developing world's most religious nation, yet its increasingly secularized elites occupy one set of zip codes, while most traditional religious believers live in another. In politics, more and more Democrats are Democrats simply because they hate Republicans, and vice versa.

Ironically, cultural conservatives now find themselves hoping that the Supreme Court will protect them, said French, reached by telephone. Conservatives know they have lost Hollywood, academia, America's biggest corporations, the White House and both houses of Congress.

"I constructed the Texit scenario around court packing because that has become their last firewall," said French.

Top religion-beat story of 2020? There were several COVID-19 stories to choose from ...

Top religion-beat story of 2020? There were several COVID-19 stories to choose from ...

There was never any question whether the global coronavirus pandemic would be named the most important religion-news story in 2020.

The question was which faith-driven COVID-19 story -- out of a dozen or so -- would top the Religion News Association's Top 10 list.

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.

These conflicts continued. In a symbolic pre-Christmas press conference, Virginia Governor Ralph Northam explained why he thought religious groups should be willing to move their activities online and stay there -- for now.

"This year we need to think about what is truly the most important thing," Northam explained, in a Richmond press conference. "Is it the worship or the building? For me, God is wherever you are. You don't have to sit in the church pew for God to hear your prayers."

Bishop Robert Barron of the Catholic Archdiocese of Los Angeles was not amused. The problem with this"secularized, Protestant-ized" view of worship, he said, is that it doesn't work for believers with ancient traditions that don't work online, such as offering communicants consecrated bread and wine.

Al Smith dinner 2020: Trump and Biden make pitches to very different Catholic voters

Al Smith dinner 2020: Trump and Biden make pitches to very different Catholic voters

During a normal White House race, the Alfred E. Smith Memorial Foundation Dinner allows the candidates to don formal attire, fire snappy one-liners and make subtle appeals to Catholic voters.

But nothing is normal in 2020. Thus, Joe Biden and President Donald Trump used this year's virtual dinner to preach to Catholic voters in swing states like Ohio, Pennsylvania, Michigan and Florida. The event produced few headlines, coming a mere six hours before Trump announced his positive test for COVID-19.

Saluting Catholic progressive, Biden offered a litany about the pandemic, race, the recession and climate change. He warned that many Americans have lost faith "in one another, in truth, in science and reason."

The current pope, Biden stressed, embraced him during a 2013 White House visit, offering comfort shortly after brain cancer took his son Beau's life.

"Pope Francis took the time to meet with my entire family to help us see the light through the darkness," said Biden. "I live in an amazing country … where an Irish Catholic kid like me from Scranton, Pennsylvania, would one day befriend a Jesuit pope. But that's who we are as a country -- where anything is possible when we care for one another, when we look out for one another, when we keep the faith."

While stressing that he is guided "by the tenets of Catholic social doctrine" -- helping the "least of these" -- Biden didn't mention his vow to codify Roe v. Wade if the Supreme Court overturns that decision or his promise to reinstate policies requiring the Little Sisters of the Poor to cooperate in providing birth control and abortifacients to staff. He didn't mention his decision to officiate at the same-sex wedding of two White House colleagues, an action clashing with church doctrine.

It was logical for Biden to avoid providing fresh ammunition for critics. But the speech, once again, trumpeted his Catholic credentials.

"Joe Biden's choice to run explicitly on the claim that he is a faithful Catholic squarely places on the table his claim to be a faithful Catholic," stressed legal scholar Robert P. George of Princeton University, writing on Facebook. He is a Catholic conservative who has also been a consistent critic of Trump.

“No way out of this, folks," he added. "It's not, or not just, Biden's critics who have raised the issue. It's the Biden campaign. …

Will Democrats veer into a religious freedom minefield on churches and taxes?

Will Democrats veer into a religious freedom minefield on churches and taxes?

When preparing the 2016 Democratic Party platform, the drafting committee promised: "We will do everything we can to protect religious minorities and the fundamental right of freedom to worship and believe.”

But in the final text, Democrats substituted a broader term -- "freedom of religion." After all, critics of Hillary Rodham Clinton were attacking her occasional references to "freedom of worship," as opposed to the First Amendment's defense of the "free exercise" of religion.

"Freedom of worship" suggested that religious doctrines and traditions were acceptable, as long as believers remained inside their sanctuaries. "Freedom of religion" language would have implications for evangelists, educators, artists, doctors, soldiers, business leaders, social activists, counselors and other citizens in public life.

Thus, gadfly candidate Beto O'Rourke stepped into a minefield when he answered this question during a CNN "town hall" on LGBTQ issues: "Do you think religious institutions -- like colleges, churches, charities -- should lose their tax-exempt status if they oppose same-sex marriage?"

O'Rourke drew cheers and applause with his quick response: "Yes. There can be no reward, no benefit, no tax break, for anyone or any institution, any organization in America, that denies the full human rights and the full civil rights of every single one of us." As president, he added, he would "stop those who are infringing upon the human rights of our fellow Americans."

This stance would draw a different response from many other Democrats.

"Journalists should ask O'Rourke and every other Democratic candidate how this policy position would affect conservative black churches, mosques and other Islamic organizations, and orthodox Jewish communities, among others," argued law professor John Inazu of Washington University in St. Louis, writing for The Atlantic. "It is difficult to understand how Democratic candidates can be 'for' these communities -- advocating tolerance along the way -- if they are actively lobbying to put them out of business."

Meanwhile, this O'Rourke statement will remind religious leaders of the U.S. Supreme Court's Obergefell v. Hodges decision affirming same-sex marriage.

What comes next for religious liberty, after the Masterpiece Cakeshop decision?

What comes next for religious liberty, after the Masterpiece Cakeshop decision?

The Pulitzer Prize winning "Angels in America" has long been a touchstone for gay spirituality, so it wasn't surprising that actor Andrew Garfield celebrated winning a Tony Award in the play's revival with remarks mixing faith and politics.

It's crucial, he said, to celebrate the play's "spirit that says 'no' to oppression. It is a spirit that says 'no' to bigotry. … It is a spirit that says we are all made perfectly."

Garfield concluded: "We are all sacred. … So let's just bake a cake for everyone who wants a cake to be baked!"

The baker behind the U.S. Supreme Court's recent Masterpiece Cakeshop decision has heard pronouncements of this kind many times since that fateful day in 2012 when he declined to create one of his handcrafted, personalized cakes to celebrate the same-sex marriage of Charlie Craig and David Mullins.

"The biggest myth I hear all the time, pretty much, is that I turned away a gay couple. But the truth is, I never turn away any customers. I do, sometimes, have to decline to create cakes that violate my faith, and that was the case here," said Phillips, in a Lutheran Public Radio interview soon after the June 4 decision.

"The two gentlemen that sued me were welcome in my shop that day. I told them, I'll sell you cookies, brownies, birthday cakes, anything else, custom cakes -- it's just that I can't create this one, because this was a cake that goes against the core of my faith."

While this was a 7-2 ruling, Justice Anthony Kennedy's majority opinion (.pdf) focused on evidence that the Colorado Civil Rights Commission had demonstrated open hostility to Phillips and his Christian faith. Thus, he avoided a broader ruling on First Amendment protections of free speech and the "free exercise" of religion.

Naturally, church-state activists have argued about the significance of this much-anticipated decision. At least four camps have emerged so far.

Evangelicals For Life: Taking a more complex view of 'life issues' in tense times

Evangelicals For Life: Taking a more complex view of 'life issues' in tense times

Back in his days as a youth pastor, Republican Sen. James Lankford of Oklahoma spent lots of time begging church members to teach Sunday school.

After hearing this plea over and over, one woman pulled him aside and quietly shared her painful reason for declining, said Lankford, at last week's Evangelicals For Life conference, which coincided with the annual March for Life in Washington, D.C.

The woman told him: "James, I had an abortion years ago. I cannot be used by God." After apologizing for "pounding on her" to volunteer, Lankford said he responded: "Is there any action that God cannot forgive?"

Lankford said the woman's response was unforgettable: "I'm not sure yet."

Debates about the dignity of human life take place in all kinds of settings, from Capitol Hill and the U.S. Supreme Court to church fellowship halls and streets packed with marchers. Arguments about abortion create headlines, fuel fundraising letters and rattle politicos on left and right.

Just before this year's march -- marking the 45th anniversary of Roe v. Wade -- the U.S. House of Representatives voted 241-183 to pass the Born-alive Abortion Survivors Protection Act, which protects children that survive abortion procedures.

What happens in courts and legislatures is important, said Lankford, echoing a theme heard during many sessions at the conference hosted by the Southern Baptist Ethics & Religious Liberty Commission and Focus on the Family. However, he said the most important discussions of right-to-life issues occur during personal encounters with ordinary people wrestling with hard questions in real life.

The long, tense dance between Donald Trump and the old-guard evangelicals

The long, tense dance between Donald Trump and the old-guard evangelicals

It's impossible to win the GOP presidential nomination without making peace with millions of evangelical Protestants.

Thus, Donald Trump traveled to Liberty University in 2012. If he ever got serious about winning the White House, team Trump knew he would need a solid faith story.

The New York billionaire told students to "work hard" and "love what they do," but raised eyebrows by urging them to "get even" when wronged, and to "get a prenuptial" before marriage. He joked about saying naughty things at Liberty.

"That remarkable speech showed what he did and didn't know" about evangelicals, said Stephen Mansfield, author of the new book "Choosing Donald Trump: God, Anger, Hope and Why Conservative Christians Supported Him."

"Trump basically told Liberty students, 'Follow Jesus' and 'Shoot your enemies between the eyes.' ... He sees no conflict between those two messages."

That 2012 presentation also showed an image of young Donald on the day of his baptism, then a picture of his baptism certificate. Trump seemed to think this flash of faith would buy evangelical credibility, canceling out his Playboy appearances and interviews in which, as Mansfield wrote, his sexual conquests were "tallied like wild game bagged on safari."

The candidate who kept returning to Liberty was, of course, a grown-up edition of the boy who punched his second-grade teacher in the face, the lad whose real-estate magnate father nicknamed "killer." As a teen-ager, Trump was shaped by "The Power of Positive Thinking" sermons of the Rev. Norman Vincent Peale, the cultural tastes of Hugh Hefner and the strict disciplines of a military academy.

But Mansfield noted Trump was also the man who couldn't bear to throw away stacks of Bibles given to him by fans, creating a Trump Tower storage room for them.