Category Archives: Religious Liberty

Some Conflicts Never Die…

Back in 2000, I wrote a couple of newspaper columns and an academic article about litigation involving the Kentucky Baptist Children’s Home. The Children’s Home had fired a youth counselor solely because she was a lesbian; they admitted that she was an excellent counselor, but justified the firing by explaining that “the gay lifestyle” (discovered because her picture appeared in media snapped at a Pride parade) was inconsistent with their theological beliefs.

Ordinarily, this firing would not have given rise to a lawsuit-even in those few states that had then extended civil rights protections to gays and lesbians, religious organizations were (and are) exempt from civil rights laws. But the Home was essentially funded by the state of Kentucky. Some $12 million of its $15 million dollar annual budget came from state tax dollars paying for the children placed in the facility by the state. The lawsuit challenged the propriety of using tax dollars to discriminate.

The case ran into some technical issues not germane to the principle being litigated, and I lost track of its subsequent path. (A very similar case from Georgia was settled when that state agreed to abide by the Constitution.) Evidently, the Kentucky Home did not lose its state support–nor its insistence on disadvantaging members of the LGBTQ community–because AP has reported on the emergence of a similar conflict between the Home–now renamed Sunrise Children’s Services–and the state.

A cultural clash pitting religious beliefs against gay rights has jeopardized Kentucky’s long-running relationship with a foster care and adoption agency affiliated with the Baptist church that serves some of the state’s most vulnerable children.

The standoff revolves around a clause in a new contract with the state that bans discrimination based on sexual orientation and that Sunrise Children’s Services is refusing to sign.

It’s another round in a broader fight in states and the courts over religious liberty and LGBTQ rights, including whether businesses can refuse to provide services for same-sex weddings. An upcoming U.S. Supreme Court decision in a Pennsylvania case could be decisive in the Kentucky clash; it’s reviewing a refusal by Philadelphia Catholic Social Services to work with same-sex couples as foster parents.

The original case–twenty-one years ago–involved the home’s refusal to employ LGBTQ staff members, no matter how professionally competent. I was unable to determine whether that situation has changed, but this time, the argument is about the agency’s refusal to place children with same-sex foster or adoptive parents.

Sunrise wants its religious beliefs to exempt it from a law that applies to other agencies doing business with the state, a requirement imposed by what lawyers call a law of general application. It wants to continue benefitting from tax dollars paid by all Kentucky residents, gay and straight, while picking and choosing which rules it will follow.

That isn’t the way it’s supposed to work.

“If Sunrise doesn’t want to abide by that, that’s fine. They shouldn’t have access to state money, state contracts or children in the state’s care,” said Chris Hartman, executive director of the Fairness Campaign, a Louisville-based gay rights advocacy group.

Hartman said he worries LGBTQ children in Sunrise’s care are “deeply closeted,” hiding their sexual orientation out of fear of “indoctrination and proselytization.”

Whether that fear is justifiable or not is beside the point. It was actually Justice Scalia–no champion of secularism–who wrote the decision in Employment Division v. Smith, confirming that religious belief does not exempt citizens from compliance with laws of general application.

Sunrise is perfectly free to follow its theological principles. It isn’t free to demand continued public funding at the same time it is refusing to follow the rules that govern distribution of that funding.

I sometimes wonder whether America has turned into a version of Animal Farm, where everyone is equal, but some folks (“good Christians”) think they’re entitled to be more equal than others.

 

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A Breached Agreement

I am ceding today’s post to a longtime friend, Chris Douglas. I have frequently criticized school voucher programs, for the reasons Chris lists and for several others, but he brings a particular perspective to the issue– and a well-founded belief that school vouchers breach the promises of Indiana’s constitution.

With his permission, his recent Facebook post on the subject is below.

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I’ve reflected lately on the number of things that I have found jaw-dropping late in life…. that I could never have imagined… the latest being the State of Texas not only opening up fully and abandoning masks while so many of its populations are totally vulnerable.. but attacking municipalities like Austin that have maintained mask mandates.

Vouchers delivering tax payer money to religious ministries that discriminate blatantly against innumerable Hoosiers, but LGBT Hoosiers especially, likewise are jaw dropping to me, as flagrant violations of our State Constitution. The… I don’t know what to call it… cavalier attitude….indifference… disregard… that I find among some people of influence.. with regard to the plain words, intent, meaning and spirit of our constitution protecting us explicitly from being coerced into the support of ministries against our consent… prohibiting money from going from the state treasury to religious institutions…. and banning religious qualification for offices of public trust and profit….. all flagrantly and intentionally violated by Indiana’s Voucher laws in their current form.

Now we are all of us .. after 200 years of religious freedom in Indiana… being taxed to support “education” that the Catholic Church and various Evangelical Churches have openly declared are ministries.. funded by money flowing *directly* from the treasury to those religious institutions…. who are refusing to hire and indeed are firing LGBT people on religious grounds.

Honestly, when I pledged my life to this country as a military officer… and when I returned to Indiana as a gay man… a place where my roots run so deep I get emotional… I thought we had a deal. I *thought* others would defend my rights just as I had pledged my life to defend theirs… That others would take seriously the Constitution that in Indiana has given us so much peace and freedom, each to think, believe, and worship as we might wish… none to impose our faith upon others…. all to accept each other as equals under the protections of the law in the common cause of our democracy.

I find… even among readers here… you know who you are… you really don’t give a damn. You think it’s perfectly acceptable. You hold no one accountable. You don’t understand… you certainly don’t embrace… your personal obligations to finally speak up for the rights of people who aren’t you. You’ve pushed for this. As if state funding of discriminatory.. indeed, in some instances, hateful, ministries.. is the only way of achieving our Constitutional imperative of providing education.

And some of you line your pockets in the process… or cozy socially, professionally, or politically about… silent while hatreds are funded.. whipped up… with public money… against your fellow citizens. Somebody else’s job to fight. Not yours. Not your social, political, or professional capital to expend.

Even before the Archdiocese declared every teacher, counselor, and administrator a minister… even while academy after academy receiving public funding (while promoting creationism… the subjugation of women… and damnation for all who do not believe precisely as they) declare themselves ministries of their narrow faith…. even as we contemplate the silent, sometimes terminal, darkness into which we plunge lgbt youth, condemned even by their own parents…

I reflect on the private words… the sneer… of one leader of this mess to me: “You’re not supporting any ministry….” calling black, white…. calling up, down… calling a circle a square. Why? Because he really just doesn’t care.

Here in Indiana, we had a deal. It’s in writing. It’s 200 years old. It has enabled people of strong and diverse and conflicitng faiths to live with each other in peace and mutual acceptance as has not been possible in Europe, Ireland, the Middle east or Burma. It appears to me that deal is over, the contract not even shredded, just denied while looking us in the eye and daring us to defend ourselves against your attack.

I thought we were in trenches together as Americans, as Hoosiers, whatever our differences, sharing the values of our Constitution as our bond. Turns out, I look around… and your bayonet is fixed against us, our Constitution successfully pocketed, denied, nowhere to be seen. You’ve become what, when I pledged my life in defense of our Constitution, I pledged my life against.

I’ll never understand it. I’ll never get over it.

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The Age of Grievance

There are a number of ways to escape “the news of the day.” Suicide, of course; substance abuse (mostly booze), studied ignorance…I can’t be the only person who needs some respite from the daily reports of Trump damage, environmental despoliation, insane conspiracy theories and the like.

Recently, I’ve been escaping into fiction. Mostly science fiction and mysteries–guilty pleasures that are finally available to an almost-retired person. I’ve particularly enjoyed a series written by a Canadian writer, Louise Penny, who follows an Inspector Gamache through sixteen books. I was reading book number 8, when I came across an observation that explained not just crime, but political behavior. The Inspector was explaining motivation–and attributing much of it to fear.

Especially, he said, fear of loss.

Could there be a more apt description of the political insanity we inhabit? During the past four or five years, the word “grievance” has become an indelible part of our political discourse. It applies almost always to people who believe they are at the cusp of loss–loss of the world in which their particular identity dominates others. As I have often noted, research has established that “racial grievance” is the most reliable marker of Trump support.

Other research has found that certain Christians exhibit an almost hysterical fear that their “religious liberty”–defined by them as their right to prescribe the behavior of others– is slipping away. Linda Greenhouse, one of the most thoughtful observers of the Supreme Court, focused on that fear in a recent New York Times column. She wondered whether Amy Coney Barrett would join the “grievance conservatives.”

Greenhouse began by discussing the recent 5/4 decision exempting religious gatherings from COVID restrictions, and noting that it was likely to be moot, since the restrictions had already been modified.

The real significance of the decision lay in the which-side-are-you-on test it posed for the newest justice. I don’t mean the conservative side versus the liberal side. Obviously, she’s a conservative. What matters is that a month into her tenure, she chose to align herself with what I call grievance conservatism: conservatism with a chip on its shoulder, fueled by a belief that even when it’s winning, it’s losing, and losing unfairly.

The embodiment of grievance conservatism is Justice Alito, who in a speech last month to his fellow members of the Federalist Society said that “it pains me to say this, but in certain quarters, religious liberty is fast becoming a disfavored right.”

Greenhouse pointed out how ironic this was:

Justice Alito is a member of a Supreme Court majority that during his nearly 15-year tenure has been more deferential to the demands of religious believers than any Supreme Court in modern history. Just this past summer, the court ruled that a state that offers a subsidy for private-school tuition must include parochial schools in the program; that religious organizations may exclude a substantial category of employees from the protections of federal civil rights laws under a “ministerial exception” that goes well beyond members of the ministry; and that employers with religious or even vague “moral” objections to contraception can opt out of the federal requirement to include birth control in their employee health plans.

As Greenhouse also reported, Alito and Thomas wrote “sympathetically in early October about Kim Davis, the Kentucky county clerk who refused for religious reasons to issue marriage licenses to same- sex couples.”

Since the two justices were neither voting to grant the appeal nor dissenting from its denial, their opinion was entirely gratuitous. They simply used the case as a platform to reiterate warnings about the threat to religion from official recognition of same-sex marriage.

Greenhouse is absolutely correct when she observes that what religious adherents want is not equal treatment. Equality is no longer sufficient. “Special treatment is the demand.”

There is also irony to this (quite correct) “special treatment” characterization. Back in the early days of the gay civil rights movement,  religious figures hysterically objected to any grant of civic equality to members of the LGBTQ community, asserting that laws against discrimination weren’t equal rights, but “special” rights.

What these frantic warriors for “religious liberty” really fear is loss of their unearned privilege. And as Inspector Gamache understood, fear of loss can make people do criminal things.

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Church As State

One of the electronic publications I receive regularly is Sightings, a newsletter founded by Martin Marty and issued by the Divinity School at the University of Chicago. (Since it is a newsletter, I don’t have a link.) The publication comments on the role of religion in contemporary society, usually in the form of an essay by one of the Divinity School’s scholars.

A recent commentary began with a reference to a 1940 memorandum by a Dutch Protestant ecumenist named Willem Visser‘t Hooft, titled “The Ecumenical Church and the International Situation.” Visser’t Hooft warned that  a “new ideological battle” was unfolding across the western world, “waged by proponents of the ‘new religions’ of ethno-nationalism and fascism.” He worried that when the war ended, “the real difficulty will be to find any basis for collaboration between peoples who no longer share any common standards, and who no longer speak the same spiritual language.”

Visser’t Hooft was on to something: the post-war world continues to grapple with that lack of a common “spiritual” or ideological language, and with the nationalistic “religions” he identified and aptly characterized as politicized distortions of Christianity.

Adherents of these movements claimed to be the true Christians who were defending “traditional” Christianity against the existential threats of liberalism, modernity and internationalism (usually embodied in their fevered imagination by “the Jews.”) One scholar of the era described Nazism as “an ethno-nationalist renewal movement on a Christian, moral foundation.”

It wasn’t only in Europe. As the Sightings essay reminded us, the Nazis and fascists had kindred spirits in the United States.

There was a revival of the Ku Klux Klan during the 1920s, and the number of Christian right-wing groups surged after 1933. During the 1930s the Nazi regime even sent its Christian supporters on speaking tours to American churches. While Christian nationalism was surging in interwar Europe, American Protestantism was in the throes of the fundamentalism wars, the Scopes trial, and the Temperance movement. And on both sides of the Atlantic, progressive religious movements arose to combat them, including liberal Protestant ecumenism and the emerging interfaith movement.

The author of the essay noted that the United States’ current culture wars are a continuation of that fight.

Religion wasn’t–and isn’t– the only cause of political division, but it was–and is– a significant contributor. The author of the essay says there are two important lessons to be learned from the relevant history: first, “the deadliest failures of Christianity (like the Inquisition, the Crusades, and the complicity of Christian churches with National Socialism and the Holocaust) derive from the fatal alliance of faith and political power.”

In addition to the crimes facilitated by such alliances, they inevitably destroy the integrity and witness of the church.. 

The second lesson is that the foundation for recovering “common standards” and speaking the “same spiritual language” must be a civic process, not a religious one.

As I read this very thought-provoking essay, I thought back to a conclusion I had come to back in the days of the Cold War, when “godless Communism” was a genuine threat both to the West and to human liberty. Belief in that system, I concluded, was a religion, if you define religion as an overarching belief system that delivers both “answers” to the ambiguities of life and prescriptions for human behavior.

Many years later, I read–and was persuaded by–Robert Bellah’s theory of civic religion, a secular allegiance to certain fundamental beliefs, values, holidays, and rituals, drawn in the United States from the Declaration of Independence, the  Constitution and Bill of Rights. That “civic religion” can serve as an umbrella set of beliefs, not displacing but bridging the myriad religions or other “isms” held by individual citizens in our polyglot society, and acting as a common language and set of behavioral/social/political norms.

Of course, allegiance to the ideals of those civic documents requires a common knowledge of their contents and a common understanding of the context within which they were developed. When civic literacy is rare, and especially when citizens are unaware of the compelling reasons for keeping church and state separate, we risk replaying the most horrific chapters of human history.

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Facing Reality

At this moment, it looks as if Joe Biden will win. But no matter who is President when the smoke clears and the votes are all counted–if they are– we learned some things on Tuesday. And the lessons weren’t pleasant.

The most obvious–and ultimately least consequential–is that polling is not nearly as “scientific” as the pollsters think. The effort to figure out what went so wrong will undoubtedly occupy pundits and nerds for a long time.

The far more painful lesson concerns the nature of our fellow-Americans.

I read about the thuggery leading up to the election–the “good old boys” in pickups ramming Biden’s bus, the desecration of a Jewish graveyard in Michigan with “MAGA” and “Trump” spray paint, the consistent, nation-wide efforts to suppress urban and minority voters–but until election night, I’d convinced myself that those responsible represented a very small segment of the population.

I think what I am feeling now is what Germany’s Jews must have felt when they realized the extent of Hitler’s support.

I am not engaging in hyperbole: the research in the wake of 2016 is unambiguous. Trump supporters are overwhelmingly motivated by racial and religious animus and grievance. White nationalist fervor has swept both the U.S. and Europe over the past few years, but it has taken firmer hold here. The QAnon conspiracy has clear roots in the Protocols of the Elders of Zion, and America’s racism–our original sin–has provided fertile ground for the alt-right sympathizers who defend tearing brown children from their parents, treating both immigrants and citizens of color as disposable, and keeping women in “our place.”

Trump didn’t invent these people, but he has activated them. Indeed, he is one of them.

I thought it was tragic when Trump’s approval ratings forced me to recognize that more than a third of America fell into that category. I find it inconceivable–but inarguable and infinitely depressing–that the actual number is close to half.

Evidently, the America I thought I inhabited never really existed. I’m in mourning for the country I believed was mine.

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