religious liberty

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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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Cries for help from Nigerian Catholics: Battles over land, cattle, honor and, yes, religion

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Cries for help from Nigerian Catholics: Battles over land, cattle, honor and, yes, religion

Another day, with yet another funeral.

Catholics in Nigeria had buried many priests and believers killed in their country's brutal wars over land, cattle, honor and religion. But this was the first time Bishop Matthew Hassan Kukah of the Sokoto Diocese had preached at the funeral of a seminarian.

A suspect in the crime said 18-year-old Michael Nnadi died urging his attackers to repent and forsake their evil ways.

"We are being told that this situation has nothing to do with religion," said Kukah, in remarks distributed across Nigeria in 2020. "Really? … Are we to believe that simply because Boko Haram kills Muslims too, they wear no religious garb? Are we to deny the evidence before us, of kidnappers separating Muslims from infidels or compelling Christians to convert or die?"

The bishop was referring to fierce debates -- in Nigeria and worldwide -- about attacks by Muslim Fulani herders on Christian and Muslim farmers in northern and central Nigeria. The question is whether these gangs have been cooperating with Boko Haram, Al-Qaeda and the Islamic State.

The conflict has claimed Catholics, Anglicans, Pentecostal Christians and many others, including Muslims opposed to the violence. Prominent Muslim leaders have condemned Boko Haram and church leaders have condemned counterattacks by Christians. In recent years it has become next to impossible to keep track of the number of victims, including mass kidnappings of school children and the murders of clergy and laypeople, including beheadings.

"Religion is not the only driver of the mass atrocities," said Nina Shea of the Hudson Institute's Center for Religious Freedom, in December testimony before members of the House Foreign Affairs Committee. "Not all 40 million members of the Fulani ethnic group in the region are Islamic extremists. However, there is evidence that some fraction of the Fulani have an explicit jihadist agenda. …

"A mounting number of attacks in this region also evidence deep religious hatred, an implacable intolerance of Christians, and an intent to eradicate their presence by violently driving them out, killing them or forcing them to convert."

In a sobering Feb. 23 statement (.pdf here), the Catholic Bishop's Conference of Nigeria warned that the "nation is falling apart."

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

Year after year, the Lion's Club sets up wire-frame Christmas decorations on the lawn of the historic Jackson County courthouse, facing Main Street in Brownstown, Ind.

The display, which belongs to the local ministerial alliance, glows from dusk to dawn from Thanksgiving until New Year's Day, with the county providing the electricity.

This led to yet another "Christmas Wars" dispute, with the recent Woodring v. Jackson County court decision offering a precise description of this tableau.

There is a "waving Santa Claus with his sleigh, a reindeer, seven large candy-striped poles, the nativity scene … and four carolers standing in front of a lamp post," noted Seventh Circuit Judge Amy Joan St. Eve. "Santa Claus and the reindeer are on the left. …To their right are three gift-bearing kings (Magi) and a camel, who look upon the nativity. On the right side of the sidewalk, Mary, Joseph, and infant Jesus in the stable are flanked on each side by trumpet-playing angels. To their right are several animals facing the nativity. The carolers stand in front of the animals, closer to Main Street."

Before the 2018 lawsuit, the Freedom From Religion Foundation warned that the nativity scene needed to come down. County officials responded by moving Santa and other secular symbols closer to the telltale manger.

That move was clearly linked to what activists call the "reindeer rules," in which secular and sacred symbols are mixed to honor guidelines from the Supreme Court's Lemon v. Kurtzman in 1971. The "Lemon test" asks if a government action's primary effect advanced religion, as opposed to a secular purpose, thus entangling church and state.

But the majority in the new 2-1 decision in Indiana argued that the "nativity scene is constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas."

This post-Christmas decision in the heartland may have been a turning point.

"To the degree that the reindeer rules were based on Lemon, this decision said that we now have a new Supreme Court precedent. The reindeer rules appear to be gone," said Diana Verm, senior counsel for the Becket Fund for Religious Liberty, which filed a brief in the case.

Verm bluntly told the press afterwards: "It turns out the ACLU can't cancel Baby Jesus."

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Years of 'McCarrick doctrine' fights among U.S. bishops go public -- on Inauguration Day

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Years of 'McCarrick doctrine' fights among U.S. bishops go public -- on Inauguration Day

Speaking to an Italian family association in 2018, Pope Francis compared the abortion of children with genetic problems to "what the Nazis did to purify the race. Today, we do the same thing but with white gloves."

A year later, Francis bluntly asked a journalist from Mexico if it's "fair to eliminate a human life in order to solve a problem? The answer to which is, 'No.' Second question: Is it fair to pay a sniper to solve a problem? No. Abortion is not a religious problem. … It is a problem of eliminating a human life. Period."

But the pope was careful in his Inauguration Day message to America's second Catholic president, assuring Joe Biden that he would "pray that your decisions will be guided by a concern for building a society marked by authentic justice and freedom, together with unfailing respect for the rights and dignity of every person, especially the poor, the vulnerable and those who have no voice."

The pope's text was examined closely after reports that the Vatican -- on behalf of progressive American bishops -- tried to stop the circulation of a sobering statement from the president of the U.S. Conference of Catholic Bishops. The letter from Archbishop Jose Gomez of Los Angeles addressed the challenge, and blessing, of working with "our first president in 60 years to profess the Catholic faith."

Clearly, Biden's piety had offered "solace in times of darkness and tragedy," said Gomez, leader of America's largest diocese and a crucial voice among Hispanic Catholics. He also praised Biden's "longstanding commitment to the Gospel's priority for the poor."

Nevertheless, Gomez noted that "our new President has pledged to pursue certain policies that would advance moral evils and threaten human life and dignity, most seriously in the areas of abortion, contraception, marriage, and gender. Of deep concern is the … the freedom of believers to live according to their consciences."

Cardinal Blasé Cupich of Chicago fired back on Twitter, attacking this "ill-considered statement on the day of President Biden's inauguration" while claiming "there is seemingly no precedent" for this action by Gomez.

The Pillar, a Catholic news website, reported that the Vatican Secretariat of State intervened to "spike" the statement from the U.S. bishops after objections from Cupich, Cardinal Joseph Tobin of Newark and some other bishops.

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

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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.

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Joe Biden and the U.S. Catholic bishops: Tensions remain about Holy Communion

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Joe Biden and the U.S. Catholic bishops: Tensions remain about Holy Communion

While doing groundwork for the pivotal South Carolina primary, Democrat Joe Biden went to a local church to do what he does on Sundays -- go to Mass.

What happened next made headlines, raising an issue that looms over the president-elect's personal and political lives. The priest at St. Anthony's Catholic Church in Florence declined to give Biden communion.

"Holy Communion signifies we are one with God, each other and the Church. Our actions should reflect that," said Father Rev. Robert E. Morey, in a press statement. "Any public figure who advocates for abortion places himself or herself outside of Church teaching. As a priest, it is my responsibility to minister to those souls entrusted to my care."

The priest, a former attorney with the Environmental Protection Agency, ended by saying: "I will keep Mr. Biden in my prayers."

Biden told MSNBC: "That's just my personal life and I am not going to get into that at all."

Nevertheless, Biden continued to make his faith -- he is a "devout" Catholic in news reports -- a key element of the campaign, as he has throughout his career. He also pledged to defend Roe v. Wade, to the point of codifying the decision into national law.

Catholic conservatives and liberals remain divided on how the church should respond, a tension demonstrated in a carefully worded statement by Los Angeles Archbishop José H. Gomez, president of the U.S. Conference of Catholic Bishops.

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Justice Alito: If you're worried about religious liberty, follow news in higher education

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Justice Alito: If you're worried about religious liberty, follow news in higher education

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list -- 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.

Backed by the Alliance Defending Freedom, Denton sued the university for violating his First Amendment rights, as well as campus policies against discrimination against religious believers. A student court returned him, briefly, to office in late October, after a federal judge ruled that FSU should pay him lost wages. Denton graduates in December.

"This whole experience has certainly perked my interest in studying constitutional law and First Amendment rights, in particular," said Denton, reached by telephone.

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Rabbi Lord Jonathan Sacks offered modern arguments defending an ancient faith

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Rabbi Lord Jonathan Sacks offered modern arguments defending an ancient faith

A typical Rabbi Lord Jonathan Sacks speech would open with a self-deprecating jab at long-winded rabbis and then flow into a blend of Hebrew texts, science, law, literature, current events and the scriptures other faiths.

When the former chief rabbi of the United Kingdom died on Nov. 7 at age 72, after battles with cancer that began in his 30s, the Prince of Wales said: "His immense learning spanned the secular and the sacred, and his prophetic voice spoke to our greatest challenges with unfailing insight and boundless compassion. His wise counsel was sought and appreciated by those of all faiths and none."

Most of all, Lord Sacks was known for using modern information and insights to defend ancient truths. One famous address, at a 2014 Vatican conference on marriage, began with fish mating in a Scottish lake 385 million years ago before charting humanity's rise from polygamy to monogamy, including some awkward biblical dramas.

Before this speech ended with a standing ovation, the rabbi explained that his goal was to defend the “most beautiful idea in the history of civilization," the concept of love as the origin of new life.

"What made the traditional family remarkable, a work of high religious art, is what it brought together: sexual drive, physical desire, friendship, companionship, emotional kinship and love, the begetting of children and their protection and care, their early education and induction into an identity and a history," he explained.

“Seldom has any institution woven together so many different drives and desires. … It made sense of the world and gave it a human face -- the face of love. For a whole variety of reasons, some to do with medical developments like birth control, in vitro fertilization and other genetic interventions, some to do with moral change like the idea that we are free to do whatever we like so long as it does not harm others, some to do with a transfer of responsibilities from the individual to the state … almost everything that marriage once brought together has now been split apart. Sex has been divorced from love, love from commitment, marriage from having children and having children from responsibility for their care."

Lord Sacks was part of the Modern Orthodox movement and wrote two dozen prayer books and works about science and spirituality, as well serving as a commentator on BBC Four's "Thought for the Day." He became chief rabbi of the United Hebrew Congregations of the Commonwealth in 1991, holding that post until 2013, Queen Elizabeth knighted him in 2005 and he entered the House of Lords in 2009.