Guess the winner: Woodstock vs. religious liberty

Blame it on Woodstock.

Cultural changes unleashed by the sexual revolution are affecting how millions of Americans understand religious liberty, according to University of Virginia law professor Douglas Laycock, speaking at a recent Newseum symposium marking the 20th anniversary of the Religious Freedom Restoration Act. It doesn't help that disputes about the free exercise of religion have increasingly turned into bitter partisan battles pitting Republicans against the majority of mainstream Democrats.

What is happening? It helps to remember that churches were on the winning side of the American Revolution, he stressed, and that fact has shaped America ever since.

"What if we had a new revolution in our time? The sexual revolution that began in earnest in the '60s carries on with the current front about same-sex marriage" and contraception, said Laycock.

Religious groups have consistently "been on the losing side of this revolution. … In each of the remaining sexual issues -- abortion, same-sex marriage, contraception, sterilization, emergency contraception -- every one of those issues has this fundamental structure: What one side views as a grave evil, the other side views as a fundamental human right. ... And for tens of millions of Americans, what religious liberty now does is empower their enemies."

Only 20 years ago, it was possible for left and right to find common ground on key religious liberty issues. The Religious Freedom Restoration Act passed unanimously in the House and by a 97-3 vote in the Senate, backed by a coalition that ranged from the American Civil Liberties Union to the Christian Legal Society.

Only five years later, another similar effort failed.

"We had gone from 97-3 to partisan gridlock ... and disagreement over religious liberty has only gotten worse since that time," Laycock told the Newseum audience. He was speaking the day after addressing the U.S. Supreme Court on yet another tense case about public prayer.

The key change, he said, is that there has been a violent legal and political clash between gay rights and the rights of religious conscientious objectors. At this point, it may be too late to find a compromise that would protect citizens on both sides of this constitutional firefight.

One crucial problem, he explained, is that conservative religious leaders have been "so focused on entirely defeating" same-sex marriage bills that they have paid little attention to religious-liberty exemptions "until they have been totally defeated and then, of course, it is too late. They have no leverage. They have nothing to bargain with."

Meanwhile, as the gay-rights cause has gained momentum, its leaders have grown increasingly bold. More than a few liberals, said Laycock, not only want to seize sexual freedoms, but to force religious objectors to affirm their choices and even to pay for them. Some on the left, he said, are now "making arguments calculated to destroy religious liberty."

Consider, Laycock said, language used by state Sen. Pat Steadman of Denver, as he fought for a civil unions bill in the Colorado Senate last February. What should liberals say to those who claim that their religious liberties are being violated?

"I'll tell you what I'd say -- get thee to a nunnery," he said, in debate recorded on the Senate floor. "Go live a monastic life, away from modern society, away from the people you can't see as equals to yourself. Away from the stream of commerce where you might have to serve them, or employ them, or rent banquet halls to them. Go someplace and be as judgmental as you like. Go inside your church, establish separate water fountains, if you want."

This was provocative language, but this gay leader was using arguments now common in American politics, said Laycock. "No living in peace and equality and diversity for him. If you are a religious dissenter you have to conform or withdraw. For many people this hostility to religious liberty is a growing and intuitive reaction."

It's too soon to predict the death of religious liberty in America, as it has been known and defended for generations, he said. But the current trends are sobering.

"Maybe compromise will prevail yet," he concluded. "Maybe the judges will do their jobs and protect the liberty of both sides. But the tendency of both sides to insist on a total win -- liberty for them and not liberty for the other side -- is a very bad thing for religious liberty."

Military chaplains on Sexual Revolution front lines

It was in 1775 that General George Washington authorized chaplains in the Continental Army. "Purity of Morals," he wrote, three years later, provided the "only sure foundation of publick happiness in any Country" and thus was "highly conducive to order, subordination and success in an Army." "Purity of Morals" might have provided unity during the American Revolution, but chaplains face more divisive issues decades after the Sexual Revolution.

"No Catholic priest or deacon may be forced by any authority to witness or bless the union of couples of the same gender," wrote Archbishop for the Military Services Timothy Broglio, in guidelines released last month (.pdf). "No Catholic priest or deacon can be obliged to assist at a 'Strong Bonds' or other 'Marriage Retreat,' if that gathering is also open to couples of the same gender. A priest who is asked to counsel non-Catholic parties in a same-gendered relationship will direct them to a chaplain who is able to assist."

The archbishop's missive followed a remarkably similar memorandum from Southern Baptist Convention leaders, including former U.S. Army Chief of Chaplains Douglas Carver, a retired two-star general. It stressed that Southern Baptist chaplains must teach that "all forms of sexual immorality," including adultery, homosexuality and pornography, are "equally destructive to healthy marital relations."

However, the document's main purpose was to offer guidance on issues emerging after Pentagon decisions to embrace same-sex marriage and to allow gays and lesbians to openly serve in the armed forces.

Southern Baptist chaplains, stressed the guidelines, could not "conduct or attend" same-sex union rites or join in counseling sessions or retreats that "give the appearance of accepting ... sexual wrongdoing." The document also drew a stark line between the work of SBC chaplains and those representing liberal traditions, saying they should not lead worship services with any clergyperson who "personally practices or affirms a homosexual lifestyle or such conduct."

While one Army manual says chaplains are not obligated to perform duties "contrary to their faith traditions, tenets and beliefs," other regulations stress that all chaplains must be willing to provide "religious support" for all personnel in their care.

The "Chaplain Activities in the United States Army" volume notes, for example, that while chaplains "remain fully accountable to the code of ethics and ecclesiastical standards of their endorsing faith group" this does not relieve them from their duty to provide "adequate religious support to accomplish the mission."

Thus, it's significant that Army materials promoting the chaplain-led "Strong Bonds" program indicate that its mission is to help all soldiers -- singles, unmarried couples and families -- thrive in the "turbulence of the military environment."

It will be impossible for doctrinally conservative clergy to avoid same-gender couples and families in that context. Thus, it's time for some chaplains to quit, according to a manifesto from the Military Association of Atheists and Freethinkers entitled, "Didn't Southern Baptists Just Resign as Military Chaplains?"

"The SBC policy is encouraging because it is an honest representation of the previous unwritten anti-gay stance of the SBC, ... but is discouraging in that it does not take full responsibility and resign explicitly from a military chaplaincy they clearly do not wish to partake in," said the MilitaryAtheists.org analysis.

"The policy as written may potentially be copied by other endorsing agencies who share the same view of scripture. If other agencies follow suit, potentially 50 percent of military chaplains may be affected."

Clearly, the nation's two largest churches do play crucial roles in the chaplaincy program. A mere 234 priests serve the 25 percent of all military personnel who are Catholics. The Southern Baptist Convention has more than 1,500 approved chaplains, more than any other faith group.

America's military leaders will have to decide if doctrinally conservative chaplains will be allowed to honor their religious vows or not, said the Rev. Russell Moore, leader of the SBC's Ethics & Religious Liberty Commission, in a forum last week.

The current trend, he said, is to view chaplains as "carriers of the American civil religion, in a way that seeks to counsel and to do some religious duties but not to actually be Roman Catholics or Evangelicals or Latter-day Saints or Muslims or what have you. I think that is troubling. ... I believe in religious pluralism in the public square where everyone comes as he or she is into the public square for more dialogue and not less."

The Anglican wars roll on (and Holy Communion for dogs)

The German Shepherd's name was Trapper and he came to St. Peter's Anglican Church with his owner, a newcomer at the historic Toronto parish. At the end of the Mass, Trapper went forward with everyone else for Holy Communion. That's when the vicar, in what she later described as a welcoming gesture, served the dog some of the consecrated bread that Anglicans believe has -- in a mysterious manner -- become the body of Jesus Christ.

So one parishioner complained to the bishop and, in a flash, critics online were quoting Matthew 7:6 ("Do not give dogs what is holy...") and the controversy -- this story has had long legs -- even reached BBC with the headline, "Canadian priest sorry for giving dog Holy Communion."

It seems that strange and dramatic events of this kind happen year after year in the global Anglican Communion -- truly one of God's gifts to headline writers.

Also, it appears unlikely that this trend will change anytime soon. Recently, in a burst of candor in Mexico, the current Archbishop of Canterbury harkened back to the English Civil War and quoted sobering advice from Bishop Jeremy Taylor, who was under the patronage of Archbishop William Laud when the latter was executed in 1645 by the Puritan parliament.

The Most Rev. Justin Welby noted that Taylor warned: "It is unnatural and unreasonable to persecute disagreeing opinions. ... Force in matters of opinion can do no good, but is very apt to do hurt."

These are hard words in an era in which England's shrinking flock of Anglicans is still fighting over female bishops and, across the Atlantic, the shrinking flock of Episcopalians continues to fight over non-celibate gay bishops. Meanwhile, leaders in the growing Global South churches of Africa and Asia are calling for repentance and doctrinal discipline.

During an August 13 address in Monterrey, Welby said he sometimes worries that Anglicans are "drifting back" into a true civil war of their own.

"Not consciously, of course, but in an unconscious way that is more dangerous. Like a drunk man walking near the edge of a cliff, we trip and totter and slip and wander, ever nearer to the edge of the precipice," he said, in the released text.

"On one side is the steep fall into an absence of any core beliefs, a chasm where we lose touch with God, and thus we rely only on ourselves and our own message. On the other side there is a vast fall into a ravine of intolerance and cruel exclusion. It is for those who claim all truth, and exclude any who question. When we fall into this place, we lose touch with human beings and create a small church, or rather many small churches -- divided, ineffective in serving the poor, the hungry and the suffering, incapable of living with each other, and incomprehensible to those outside the church."

The problem? One bishop's "core beliefs" are another's cruel dogmas. And, according to Episcopal Presiding Bishop Katharine Jefferts Schori, Christianity is entering another 500-year cycle of doctrinal reform similar to that of Martin Luther.

"The major shifts of focus of these periodic seismic events are profoundly unsettling to many people, but they seem to be necessary to God's mission," she said, in an August 15 address at the national assembly of the Evangelical Lutheran Church in America, meeting in Pittsburgh.

Anger and fear caused by rapid political and cultural changes have caused some members of liberal Protestant flocks to flee, said Jefferts Schori, whose denomination has declined from 3.6 million members in 1965 to 1.9 million in 2011. In the tumultuous past decade, average Sunday attendance has declined nearly 25 percent, to roughly 650,000 Episcopalians.

Jefferts Schori's flock is also aging rapidly, in part because -- as she boldly told The New York Times in 2006 -- Episcopalians are "better-educated and tend to reproduce at lower rates" than Catholics and other believers and because they "pay attention to the stewardship of the earth."

While other are seeing signs of peril, she said, progressives must see progress, especially when fighting for gay rights, racial justice and causes central to their faith.

"The challenges that both our churches have experienced around issues of inclusion of all human beings in recent years have reminded us that God is always at work -- on us, within us, and among us," said Jefferts Schori. "Some have judged our smaller numbers as faithlessness but it may actually be the Spirit's way of pruning for greater fruitfulness."