religious liberty

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All those attacks on churches? Were they part of the year's top religion-beat news story?

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All those attacks on churches? Were they part of the year's top religion-beat news story?

In the years before Roe v. Wade, one of America's largest Christian flocks struggled to find a way to condemn abortion, while also opposing bans on abortion.

A 1971 resolution said: "Some advocate that there be no abortion legislation, thus making the decision a purely private matter between a woman and her doctor" while others "advocate no legal abortion," permitting it "only if the life of the mother is threatened." Thus, it backed legislation allowing "abortion under such conditions as rape, incest, clear evidence of severe fetal deformity, and carefully ascertained evidence of the likelihood of damage to the emotional, mental, and physical health of the mother."

After the 1973 Roe decision, the same body stressed the "limited role of government" in abortion questions, while supporting a "full range of medical services and personal counseling" for expectant mothers.

That was the Southern Baptist Convention -- before its conservative wing gained control, creating a powerful cultural force against abortion rights.

Churches were always active in abortion debates, with some embracing centuries of doctrine on the sanctity of human life, while overs became strategic abortion-rights supporters. Thus, journalists in the Religion News Association named the Supreme Court decision to overturn Roe v. Wade as the year's top American religion-news story. Now churches -- left and right face -- face the challenge of proclaiming certainties while many states seek compromise.

Stressing politics, the RNA stated: "The Supreme Court overturns the 1973 Roe v. Wade precedent and says there is no constitutional right to abortion, sparking battles in courts and state legislatures and driving voters to the November polls in high numbers. More than a dozen states enact abortion bans, while voters reject constitutional abortion restrictions in conservative Kansas and Kentucky and put abortion rights in three other states' constitutions."

This poll avoided other religion-news elements of this story, such as acts of violence against churches -- especially Catholic parishes -- and crisis pregnancy centers, ranging from vandalism to arson, from the interruption of sacred rites to the destruction of sacred art. Protestors marched at the homes of SCOTUS justices and police arrested an armed man who threatened to invade the house of Justice Brett Kavanaugh.

This year, the RNA added an international list, selecting Russia's war against Ukraine as the top story, in part because of bitter tensions between the Russian Orthodox Church and the new Orthodox Church of Ukraine, backed by the United States and the Orthodox Ecumenical Patriarchate in Turkey.

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

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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."

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

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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.

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Waiting for a judicial 'Utah Compromise' on battles between religious liberty and gay rights?

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Waiting for a judicial 'Utah Compromise' on battles between religious liberty and gay rights?

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

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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.

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

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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.

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Religious liberty experts stand together, on cases inside prison walls

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Religious liberty experts stand together, on cases inside prison walls

When it comes to fine cuisine, few gourmands would fight to be served peanut butter, sardines, beans and some other canned goods -- often cold.

While these foods are not very appealing, they are kosher. Thus, they are common items on the menu the Florida Department of Corrections has offered prisoners requesting kosher meals.

First Amendment activists have repeatedly clashed in federal courts with Florida officials who insist a kosher-food option would be too expensive.

"These aren't prisoners who have made up some kind of religion that requires them to eat lobster every day, claiming they're members of the Church of the Lobster," noted attorney Daniel Blomberg of the Becket Fund for Religious Liberty. The Becket team filed an amicus brief backing the prisoners' rights, citing the Religious Land Use and Institutionalized Persons Act.

"No one goes to a lot of trouble to eat bread and beans," he added. "The prisoners are making these requests because this is what they believe God wants them to do. … The 'religious' diet these prisoners are being served is, frankly, unpalatable."

Federal and Florida officials have been haggling over these dietary details since 2011, leading to six federal-court decisions backing the prisoners. The state says a kosher-foods program costs about $12.3 million a year, compared to a U.S. government estimate of roughly $384,000.

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Americans willing to talk about politics, but few anxious to discuss religion

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Americans willing to talk about politics, but few anxious to discuss religion

While it's hard to pinpoint the precise moment it happened, it's clear that most American discussions of religious liberty have turned into shouting matches about "religious liberty," a term now commonly framed in "scare quotes."

The recent U.S. Commission on Civil Rights "Peaceful Coexistence" report made this clear, claiming the First Amendment's defense of the free exercise of religion is not as important as some people think. Thus, "civil rights" now trump "religious liberty."

The commission stressed: "Religious exemptions to the protections of civil rights based upon classifications such as race, color, national origin, sex, disability status, sexual orientation, and gender identity, when they are permissible, significantly infringe upon these civil rights."

In a quote that went viral online, commission chair Martin Castro added: "The phrases 'religious liberty' and 'religious freedom' will stand for nothing except hypocrisy so long as they remain code words for discrimination, intolerance, racism, sexism, homophobia, Islamophobia or any form of intolerance."

This creates a major problem for Americans who are worried about civil public discourse or even the odds of having friendly conversations with friends, family and neighbors, noted Scott McConnell, head of LifeWay Research.

"What did our parents tell us when we were growing up? They warned us not to talk about politics, not to talk about religion and not to talk about sex," he said, reached by telephone.

"Well, it's hard to talk about anything that matters these days -- like religious liberty -- without talking about all three of those things and usually at the same time. ... No wonder people are tense."

Just how tense are Americans, when it comes to talking about religion?

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Religion news 2014: The pope, ISIS, persecution and the rest of the Top 10 stories

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Soon after his elevation to the Chair of St. Peter, Pope Francis warned that the world was entering a time when Satan would increasingly show his power, especially in lands in which believers were being crushed.

Looking toward a rising storm in the Middle East, he warned that the persecution of religious minorities is a sign of the end times.

"It will be like the triumph of the prince of this world: the defeat of God. It seems that in that final moment of calamity, he will take possession of this world, that he will be the master of this world," said Pope Francis. "Religion cannot be spoken of, it is something private, no?"

A year later, the pope was even more specific in a letter to churches in the ancient lands of the Bible.

"I write to you just before Christmas, knowing that for many of you the music of your Christmas hymns will also be accompanied by tears and sighs. Nonetheless, the birth of the Son of God in our human flesh is an indescribable mystery of consolation," said Pope Francis.