First Amendment

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After 'Born Again': What were the Big Ideas woven into the work of Chuck Colson?

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After 'Born Again': What were the Big Ideas woven into the work of Chuck Colson?

As a D.C. Beltway power player, the late Charles W. Colson worked with a "Thank God it's Monday" attitude that meant his colleagues always knew they could contact him about hot topics and decisions.

But there was one exception -- visits by his autistic grandson Max.

"If Chuck was with Max, his phone was turned off," said Dave Carlson of the Colson Center for Christian Worldview. "Max could stop him in his tracks."

This bond was rooted in a conviction that shaped the Nixon White House strategist's work after his 1973 born-again Christian conversion and guilty plea for Watergate crimes that put him in federal prison, said Carlson, who spent two decades as a Colson aide and editor. This same conviction led Colson to create the global Prison Fellowship ministry in 1976.

"It didn't matter if you were in prison or what kind of crimes put you there. It didn't matter if you were missing a chromosome or were autistic," he said. Colson believed "we are all humans made in the image of God -- Imago Dei. He was passionate about that until the end."

The 80-year-old Colson died on April 21, 2012, felled by a brain hemorrhage moments after a speech about rising threats to religious liberty. His colleagues marked the 10-year anniversary by rebroadcasting that speech during a BreakPoint radio commentary.

"What we're witnessing in our culture … is but the tip of the iceberg. It's the latest visible manifestation of a growing hostility towards Christianity mainly because -- this has always been the case -- government officials feel threatened by the power of the church because we all worship a king higher than the kings of this earth," said Colson.

Cultural issues are bigger than mere politics, he stressed.

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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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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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Cornel West and Robert George keep asking believers -- left and right -- to be tolerant

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Cornel West and Robert George keep asking believers -- left and right -- to be tolerant

America is so divided that 50% of "strong liberals" say they would fire business executives who donate money to reelect President Donald Trump.

Then again, 36% of "strong conservatives" would fire executives who donate to Democrat Joe Biden's campaign.

This venom has side effects. Thus, 62% of Americans say they fear discussing their political beliefs with others, according to a national poll by the Cato Institute and the global research firm YouGov. A third of those polled thought their convictions could cost them jobs.

That's the context for the efforts of Cornel West of Harvard University and Princeton's Robert George to defend tolerant, constructive debates in the public square. West is a black Baptist liberal and George is a white Catholic conservative.

"We need the honesty and courage not to compromise our beliefs or go silent on them out of a desire to be accepted, or out of fear of being ostracized, excluded or canceled," they wrote, in a recent Boston Globe commentary.

"We need the honesty and courage to recognize and acknowledge that there are reasonable people of good will who do not share even some of our deepest, most cherished beliefs. … We need the honesty and courage to treat decent and honest people with whom we disagree -- even on the most consequential questions -- as partners in truth-seeking and fellow citizens, … not as enemies to be destroyed. And we must always respect and protect their human rights and civil liberties."

They closed with an appeal to Trump and Biden, reminding them that "victories can be pyrrhic, destroying the very thing for which the combatants struggle. When that thing is our precious American experiment in ordered liberty and republican democracy, its destruction would be a tragedy beyond all human powers of reckoning."

It's distressing that this essay didn't inspire debates in social-media and the embattled opinion pages of American newspapers, noted Elizabeth Scalia, editor at large of Word on Fire, a Catholic apologetics ministry. After all, West and George are influential thinkers with clout inside the D.C. Beltway and they spoke out during a hurricane of anger and violence -- literal and verbal -- in American life.

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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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30 years of 'On Religion' -- Billy Graham, Shirley MacLaine and better religion news

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30 years of 'On Religion' -- Billy Graham, Shirley MacLaine and better religion news

Through the decades, the Rev. Billy Graham was known for saying three words over and over -- "The Bible says."

But the world's most famous evangelist quoted another authority during his 1994 speech to the American Society of Newspaper Editors -- Shirley MacLaine. A year earlier, Graham noted, the actress, and spiritual adventurer told the editors that religion plays a major role in news worldwide and that it's high time for journalists to accept that.

"What has happened to us?", asked MacLaine. "Why is the discussion of spirituality considered so publicly embarrassing, sentimental or, God forbid, New Age? Why does it make us squirm, when our own founding fathers recognized the spiritual aspect of man as his most fundamental?''

"Amen," said Graham. Journalists and preachers, he stressed, both communicate news about what's happening in life and culture. Both care about people and truth. Both care about injustice, racism and corruption.

"I believe that this is why the founding fathers included both freedom of religion and freedom of the press in the same First Amendment," he added. "In the long run, the loss of one freedom will bring about the loss of the other."

It isn't every day that a religion writer gets to quote Billy Graham and Shirley MacLaine making essential points about journalism.

Then again, this isn't just another column for me. This week marks my 30th anniversary writing this national "On Religion" column. The first piece ran on April 11, 1988 and focused -- wait for it -- on arguments about evangelicals and White House politics. Turn, turn, turn.

Three decades is a long time, so allow me to pause and make something clear. I still believe that if journalists want to cover real news in the real lives of real people in the real world then they need to get real serious about religion.

Yes, there are problems.

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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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British rabbi stands to defend America's first freedom

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When Rabbi Lord Jonathan Sacks arrived in America recently representatives of the United States government did not greet him with a demand that Great Britain's former chief rabbi remove his yarmulke while in public. That's a good thing. But there are places -- France leaps to mind -- where this would not be the case. In fact, religious liberty is under siege in many corners of Europe, said Sacks, a member of the House of Lords.

"In Britain we have seen a worker banned from wearing a small crucifix at work," he said, after receiving the Becket Fund's 2014 Canterbury Medal for his work defending religious freedom. "A nurse was censored for offering to utter a prayer on behalf of one of her patients. Catholic adoption agencies were forced to close because they were unwilling to place children for to same-sex parents."

Elsewhere, Denmark has banned "shechitah," the kosher method of slaughtering animals by slitting their throats. A German court has banned infant circumcision. France has banned -- in public places -- Christians from wearing crucifixes, Jews from wearing yarmulkes and Muslim women from wearing hijabs.

"This is, for me, the empirical proof that ... the secular societies of Europe are much less tolerant than the religions that they accuse of intolerance," he said.