SCOTUS

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Why those fierce, tribal wars over parental rights are not going to go away

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Why those fierce, tribal wars over parental rights are not going to go away

The vague 22-word prayer from the New York Board of Regents was totally nondenominational: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country."

A few parents protested, saying any kind of prayer -- even voluntary -- violated the rights of students from homes led by atheists, agnostics, or believers from other faiths.

In other words, the pivotal 1962 Engel v. Vitale school-prayer decision was a parental rights case. Schools had to change.

Two years ago, the Montgomery County Board of Education created a policy requiring pre-K and elementary students to read texts about LGBTQ+ life. A Maryland network of Muslim, Christian and Jewish parents protested, saying this violated their parental rights -- exposing their children to beliefs that clashed with beliefs in their own homes.

This spring, the 4th U.S. Circuit Court of Appeals rejected alternative activities for these students. Schools would not have to change -- for now.

"In the school-prayer cases, parents wanted to defend their children from state-mandated prayers and any exposure to religious faith. It was a matter of parental rights," noted philosopher Francis Beckwith, who also teaches Church-State Studies at Baylor University.

"Now the shoe is on the other foot, with the state preaching a different set of doctrines. If you pay close attention, the left is making arguments that are similar to those the right once made about prayer in public schools. ... The state says it wants children to become good Americans. The question is whether parents get to play a role in that. These battles are going to continue."

In another parental rights case that may reach the U.S. Supreme Court, California Gov. Gavin Newsom recently signed legislation banning policies that require public educators to tell parents if their children take steps, at school, to change their gender identities. The state wants to protect children who believe they are transgender from their own parents -- if parents' beliefs clash with what is taught at school.

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Big 2023 religion news? Godbeat scribes say 'spikes in Islamophobia and antisemitism'

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Big 2023 religion news? Godbeat scribes say 'spikes in Islamophobia and antisemitism'

The Hamas surprise attack on Israeli citizens was selected as the year's most important international story by religion-beat journalists, in part because it led to "spikes in Islamophobia and antisemitism" when Israel launched its massive counterattack on Gaza.

Members of the Religion News Association echoed that decision when voting to select the top 2023 religion story in America.

"Incidents of hate against Jews and Muslims skyrocket after the Oct. 7 attack by Hamas against Israel, and Israel's military assault in Gaza," noted the RNA, in its poll. "In Illinois, a Palestinian-American boy is killed, and his mother wounded in an alleged hate attack. The conflict prompts numerous protests, and college campuses see fierce debate about the war and the boundaries of free speech."

The generational nature of the U.S. debates was underlined in a Harvard-Harris poll in which 60% of respondents aged 18-24 agreed that the "Hamas killing of 1200 Israeli civilians and the kidnapping of another 250 civilians can be justified by the grievances of Palestinians." In that poll, 67% of participants in that same age group affirmed that "Jews as a class are oppressors and should be treated as oppressors," as opposed to 9% of respondents older than 65.

The Anti-Defamation League reported 2,031 antisemitic incidents in the United States between October 7 and December 7. The Council on American-Islamic Relations, noted CNN, reported 2,171 U.S. claims of Islamophobic "bias or requests for help" between October 7 and December 2.

For many years, the RNA published one annual list of the world's most important religion-news events and trends. For the second year in a row, the organization produced separate American and global lists. The next few American selections were:

* Legislative and legal battles continued after he 2022 Supreme Court ruling overturning Roe v. Wade, with numerous states banning or restricting abortion and others solidifying access to abortions. U.S. Sen. Tommy Tuberville blocked hundreds of military job nominations and promotions, while protesting a White House policy that allowed U.S. soldiers to travel to obtain abortions in states where these procedures are more easily available.

* At least 25% of United Methodist congregations left America's second-largest Protestant denomination, following decades of conflict about biblical authority and ancient doctrines on marriage and sexuality, including the ordination of noncelibate LGBTQ+ clergy.

* Debates over LGBTQ+ issues caused increased levels of local and national turmoil, especially in clashes over parental rights, school assignments, drag-queen events, pronoun policies and the rights of transgender athletes.

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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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Flowers and the First Amendment: Once again, the Supreme Court elects to punt

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Flowers and the First Amendment: Once again, the Supreme Court elects to punt

Florist Barronelle Stutzman and Robert Ingersoll have shared many details from the 2013 conversation that changed their lives and, perhaps, trends in First Amendment law.

For nine years, Ingersoll was a loyal customer at Arlene's Flowers in Richland, Wash., and that included special work Stutzman did for Valentine's Day and anniversaries with his partner Curt Freed. Then, a year after the state legalized same-sex marriages, Ingersoll asked her to design the flower arrangements for his wedding.

Stutzman took his hand, Ingersoll recalled, and said: "You know I love you dearly. I think you are a wonderful person, but my religion doesn't allow me to do this."

In a written statement to the Christian Science Monitor, Ingersoll wrote: "While trying to remain composed, I was … flooded with emotions and disbelief of what just happened." He knew many Christians rejected gay marriage but was stunned to learn this was true for Stutzman.

As stated in recent U.S. Supreme Court documents: "Barronelle Stutzman is a Christian artist who imagines, designs and creates floral art. … She cannot take part in or create custom art that celebrates sacred ceremonies that violate her faith."

This legal drama appears to have ended with Stutzman's second trip to the high court and its July 2 refusal to review a Washington Supreme Court decision the drew a red line between a citizen's right to hold religious beliefs and the right to freely exercise these beliefs in public life. Supreme Court justices Clarence Thomas, Samuel Alito and Neil Gorsuch backed a review, but lacked a fourth vote.

"This was shocking" to religious conservatives "because Barronelle seemed to have so many favorable facts on her side," said Andrew T. Walker, who teaches ethics at Southern Baptist Theological Seminary.

Stutzman is a 76-year-old grandmother and great-grandmother who faces the loss of her small business and her retirement savings. She has employed gay staffers. She helped Ingersoll find another designer for his wedding flowers. In the progressive Northwest, her Southern Baptist faith clearly makes her part of a religious minority.

"Barronelle is a heretic because she has clashed with today's version of progressivism," said Walker.

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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.