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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.

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Memory eternal: The passing of a charismatic bishop with a big voice and an extended family

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Memory eternal: The passing of a charismatic bishop with a big voice and an extended family

Episcopal bishops in the 1980s were already used to urgent calls from journalists seeking comments on issues ranging from gay priests to gun control, from female bishops to immigration laws, from gender-free liturgies to abortion rights.

But the pace quickened for Bishop William C. Frey in 1985 when he was one of four candidates to become presiding bishop of the Episcopal Church. A former radio professional, Frey was known for his bass voice and quick one-liners. His Lutheran counterpart in Colorado once told him: "You look like a movie star, sound like God and wear cowboy boots."

Other Denver religious leaders sometimes asked, with some envy, why Episcopalians got so much ink.

"I can't understand why some people want the kind of media attention we get," he told me, during one media storm. "That's like coveting another man's root canal."

A Texas native, Frey died in San Antonio last Sunday (Oct. 11), after years out of the spotlight. In addition to his Colorado tenure, his ministry included missionary work in Central America during the "death squads" era and leading an alternative Episcopal seminary in a struggling Pennsylvania steel town.

While critics called him the "token evangelical" in the presiding bishop race, Frey was a complex figure during his Colorado tenure, where I covered him for the now-closed Rocky Mountain News. He called himself a "radical moderate," while also attacking "theology by opinion poll."

“We need a church that knows its own identity and proclaims it fearlessly," he said, in his 1990 farewell sermon. "No more stealth religion! … We need a church that knows how to answer the question, 'What think ye of Christ?', without forming a committee to weigh all possible options. We need a church that doesn't cross its fingers when it says the creed."

Nevertheless, a conservative priest called him a "Marxist-inspired heretic" for backing the 1979 Book of Common Prayer and the ordination of women. The bishop opposed capital punishment -- and abortion -- and welcomed stricter gun-control laws. He backed expanded work with the homeless and immigrants. Then gay-rights activists called him a "charismatic fundamentalist" because he opposed the ordination of sexually active gays and lesbians and preached that sex outside of marriage was sin.

Also, before the presiding bishop election, Frey fielded questions -- and heard old whispers -- about the informal charismatic Christian community he led with his wife, Barbara (who died in 2014).

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Culture wars are about demographics: Thus, fertility has become a controversial issue

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Culture wars are about demographics: Thus, fertility has become a controversial issue

It was one of those happy social-media pictures, only this time the pregnant mother was celebrating with her nine children.

Los Angeles comedian and actor Kai Choyce was not amused and tweeted the photo with this comment: "this is environmental terrorism. … In the year 2020 literally no one should have ten kids."

The result was a long chain of sweet or snarky comments, as well as photos of large families. One tweet quoted a Swedish study claiming that having "one fewer child per family" can save an average of 58.6 tons of "CO2-equivalent emissions per year."

Debates about fertility often veer into fights about religion and other ultimate questions, such as the fate of the planet.

Parents with two-plus children are often making a statement about the role of religious faith in their lives. People on the other side of this debate have frequently rejected traditional forms of religion.

"What we call 'culture wars' are wars about demographics, but we have trouble discussing that," said historian Philip Jenkins, who is best known for decades of research into global religious trends, while teaching at Pennsylvania State and Baylor University. His latest book is "Fertility and Faith: The Demographic Revolution and the Transformation of World Religions."

In the 1970s, researchers thought the link between secularization and falling birth rates was a "Protestant thing" in Europe, but then this trend spread into Catholic cultures in Europe and in Latin America, he said. Fertility rates are now collapsing in Iran and some Islamic cultures. Meanwhile, Orthodox Jews and traditional Catholics continue to have larger families than liberal believers in those ancient faiths.

America's 2019 birth rate fell to 1.71, its lowest level in three decades, and well under the replacement rate of 2.1. This took place before the coronavirus pandemic and the Brookings Institute recently predicted a "COVID baby bust" next year, resulting in up to half a million fewer births.

Researchers frequently argue about which comes first -- secularization or declining fertility.

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Philosophy, politics and money: What comes next for Liberty University?

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Philosophy, politics and money: What comes next for Liberty University?

Liberty University's decision to close its philosophy department didn't make big headlines in May 2020, at least not when compared with the its coronavirus policies and the latest comments from President Jerry Falwell, Jr.

After all, liberal arts programs were shrinking while Liberty's online education programs prospered, along with job-friendly undergraduate degrees. Christian colleges everywhere are wrestling with similar issues.

But the philosophy department was symbolic because it once was crucial to "what made Liberty unique" -- an emphasis on blending faith with core academic disciplines, said Karen Swallow Prior, who taught there for 20 years. This summer she moved to Southeastern Baptist Theological Seminary in Wake Forest, N.C., to teach English literature, as well as Christianity and culture.

"That department was top notch and produced students who went straight to the Ivy League and had great success," she said. "Philosophy was larger when I first got there, and it was clear this discipline was seen as part of Liberty's mission. Then things started changing."

Now, Liberty leaders are wrestling with the undeniable impact Falwell Jr. had as president, after the 2007 death of his father, the Rev. Jerry Falwell. Facing years of red ink, the founder's heir soon pushed for $500 million in campus updates and expansions, along with profitable online programs. The university now has 15,000 on-campus students and roughly 100,000 online. Liberty claims an endowment of $1.6 billion.

At the same time, Falwell Jr. developed a swashbuckling style that caused heat, especially when linked to race, guns, jets, politics, yachts and his specialty -- real estate. Controversies about his de facto partnership with President Donald Trump thrilled many Liberty donors, alumni, parents and students, while deeply troubling others.

Many Christian college presidents are super-pastors who provide ties that bind to denominations, churches and networks of believers. Falwell Jr. -- a lawyer -- turned into a dynamic entrepreneur who courted powerful conservative politicos.

On regular Christian campuses, there "are higher expectations for presidents than members of the faculty, and members of the faculty live with greater expectations than students," noted religious-liberty activist David French, writing at The Dispatch.

"Liberty flipped this script. The president lived life with greater freedom than his students or his faculty. The message sent was distinctly unbiblical -- that some Christian leaders can discard integrity provided their other qualifications, from family name to fund-raising prowess, provided sufficient additional benefit."

All of this led to a soap-opera collapse, after flashes of risqué social media.

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Pro-Catechism Catholics are watching Joe Biden's actions, not just listening to his words

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Pro-Catechism Catholics are watching Joe Biden's actions, not just listening to his words

In the summer of 2016, two White House staffers -- Brian Mosteller and Joe Mahshie -- tied the knot in a rite led by one of America's most prominent Catholics.

The officiant was Vice President Joe Biden, who later proclaimed on Twitter: "Proud to marry Brian and Joe at my house. Couldn't be happier … two great guys."

Leaders of familiar Catholic armies then debated whether Biden's actions attacked this Catholic Catechism teaching: "The marriage covenant, by which a man and a woman form with each other an intimate communion of life and love, has been founded and endowed with its own special laws by the Creator. … Christ the Lord raised marriage between the baptized to the dignity of a sacrament."

Conflicts between bishops, clergy and laity will loom in the background as Biden seeks to become America's second Catholic president. Combatants will be returning to territory explored in a famous 1984 address by the late Gov. Mario Cuomo of New York, entitled "Religious Belief and Public Morality."

Speaking at the University of Notre Dame, he said: "As a Catholic, I have accepted certain answers as the right ones for myself and my family, and because I have, they have influenced me in special ways, as Matilda's husband, as a father of five children, as a son who stood next to his own father's death bed trying to decide if the tubes and needles no longer served a purpose.

"As a governor, however, I am involved in defining policies that determine other people's rights in these same areas of life and death. Abortion is one of these issues, and while it is one issue among many, it is one of the most controversial and affects me in a special way as a Catholic public official."

It would be wrong to make abortion policies the "exclusive litmus test of Catholic loyalty," he said. After all, the "Catholic church has come of age in America" and it's time for bishops to recognize that Catholic politicians have to be realistic negotiators in a pluralistic land.

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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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Trying to build healthy church families in the troubled age of #ChurchToo headlines

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Trying to build healthy church families in the troubled age of #ChurchToo headlines

The email was signed "Worried Wife" and contained a blunt version of a question Bronwyn Lea has heard many times while working with women in and around churches.

The writer said her husband had become friends with another woman his own age. There were no signs of trouble, but they traded messages about all kinds of things. This was creating a "jealous-wife space" in her mind.

"Worried Wife" concluded: "I need a biblical perspective. What is a godly view of cross-gender friendships, and how should they be approached within the context of marriage?"

That's a crucial question these days for clergy and leaders of other ministries and fellowships, said Lea, author of "Beyond Awkward Side Hugs: Living as Christian Brothers and Sisters in a Sex-Crazed World." All of those #ChurchToo reports about sexual abuse and inappropriate relationships have people on edge -- with good cause.

Lea, who has a seminary degree and law-school credentials, is convinced that it's time for churches to act more like extended families and less like companies that sort people into niches defined by age, gender and marital status.

"Many people are lonely and they truly long for some kind of connection with others," she said. "But they've also heard so many horror stories about what can go wrong that they're afraid to reach out. They think that everyone will think that they're creepy or weird if they open up. … Lots of people are giving up and checking out."

Everyone knows the church is "supposed to be a family that everyone can belong to. … That's the vision that we need to reclaim," said Lea, a staff member at the First Baptist Church in Davis, Calif. Thus, the New Testament says: "Treat younger men as brothers, older women as mothers, and younger women as sisters, with absolute purity."

The problem is making that work at the personal level, where pastors, teachers, parents and laypeople are trying to find realistic ways to handle social media, complex career pressures, tensions in modern families and constantly-changing gender roles.

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Donald Trump and Pete Buttigieg find that discussing abortion is always difficult

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Donald Trump and Pete Buttigieg find that discussing abortion is always difficult

President Donald Trump and Democrat Pete Buttigieg recently offered radically different stands on abortion, as both attempted to reach out to Catholic and evangelical swing voters trapped between their parties.

Trump made history as the first president to speak in person at the national March for Life, which marks the anniversary of Roe vs. Wade. 

"All of us here understand an eternal truth: Every child is a precious and sacred gift from God. Together, we must protect, cherish and defend the dignity and the sanctity of every human life," said Trump, who for years backed abortion rights and Planned Parenthood. He insists that his views have evolved, like those of Republican hero Ronald Reagan.

"When we see the image of a baby in the womb, we glimpse the majesty of God's creation. ... When we watch a child grow, we see the splendor that radiates from each human soul. One life changes the world," he said.

While commentators stressed that Trump attended the march to please his conservative evangelical base, this massive event in Washington, D.C., draws a complex crowd that is hard to label. It includes, for example, Catholics and evangelicals from groups that have been critical of Trump's personal life and ethics, as well as his stands on immigration, the death penalty and related issues.

Videos of this year's march showed many signs praising the president, but also signs critical of his bruising brand of politics.     

A Facebook post by a Catholic priest -- Father Jeffrey Dauses of the Diocese of Baltimore -- captured this tension. Telling pro-lifers to "wake up," Dauses attacked what he called Trump's "callous disregard for the poor, for immigrants and refugees, for women. … This man is not pro-life. He is pro-himself."

Meanwhile, Buttigieg -- an openly gay Episcopalian -- did something even more daring when he appeared at a Fox News town hall in Iowa. One of the toughest questions he faced came from the leader of a network of Democrats opposed to abortion.

"Do you want the support of pro-life Democrats?", asked Kristen Day, president of Democrats for Life. "Would you support more moderate platform language in the Democratic Party to ensure the party of diversity and inclusion that really does include everybody?"