August 19, 2008

BJC's Brent Walker Critiques Warren's Religious Discrimination Question at Saddlebrook Forum

Writing at the Washington Post's On Faith site, the Director of the Baptist Joint Committee, Rev. Brent Walker, points to the bias evident in Rick Warren's question to the presidential candidates about faith-based funding and hiring discrimination.

It is unfortunate that, despite his stated support for the separation of church and state, the one question directly related to the topic was framed in a leading and biased manner that brushed aside serious religious liberty concerns. Rev. Warren asked: "The Civil Rights Act of 1964 says that faith-based organizations have a right to hire people who believe like they do. Would you insist that faith-based organizations forfeit that right to access federal funds?"
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If a church wants to promote religion in its social service programs, it should use its own money. If it does not want to (and, therefore, qualify for federal funding), why does it need to impose a religious test in hiring? Simply stated, tax dollars should not be used to subsidize religious discrimination. Proponents of church-state separation do not gloss over this point.
Links to the transcript and video of the Saddlebrook event are at an earlier post. And I also put my own special exasperated touch on the discussion of hiring discrimination that followed in this post.

Coverage of Lesbian Fertility Refusal Case

As I posted yesterday, the CA Supreme Court ruled against physicians who tried to claim a religious exemption allowed them to refuse a lesbian woman a fertility procedure. The court did maintain, however that the doctors could refuse, so long as another physician was available to ensure "full and equal access" to services. News reports are streaming in today, with more and less accurate headlines.

San Francisco Chronicle- Doctors Can't Use Bias to Deny Gays Treatment
Wall Street Journal Blog - California Doctors Can't Refuse Care to Gays on Religious Grounds
San Diego Union Tribune - Doctors' Beliefs Don't Trump Gays' Civil Rights, Court Rules
Washington Post - Calif. Court Puts Gays' Care Over Doctors' Faith
LA Times - California Doctors Can't Refuse Treatment to Gays on Religious Grounds, Court Rules
Christian News Wire - California Supreme Court Limits Religious Liberty of Physicians

For an editorial that really misses the mark, check out the inaccurate hysteria at the Las Vegas Review Journal.

August 18, 2008

CA Supreme Court Rules in Physicians' Religious Exemption Case

Today the California Supreme Court ruled that physicians must provide equal access to all, despite any religious objections they may have to for certain procedures on certain individuals. At issue here were fertility doctors' refusal to perform intrauterine insemination on a lesbian woman. In the decision (pdf), the Court rejected their argument that the First Amendment's religious freedom rights trumped the anti-discrimination protections state law offers gay and lesbian Californians.

They did note, however, that the doctors in question could comply with their obligations by ensuring patients receive "full and equal access" under the care of another physician in the facility who does not share their religious objections.

[U]nder the United States Supreme Court’s most recent holdings, a religious objector has no federal constitutional right to an exemption from a neutral and valid law of general applicability on the ground that compliance with that law is contrary to the objector’s religious beliefs.
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[D]efendant physicians remain free to voice their objections, religious or otherwise, to the Act’s prohibition
against sexual orientation discrimination.
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Presumably, for defendants to comply with the Unruh Civil Rights Act’s prohibition against sexual orientation discrimination would substantially burden their religious beliefs. Yet that burden is insufficient to allow them to engage in such discrimination. The Act furthers California’s compelling interest in ensuring full and equal access to medical treatment irrespective of sexual orientation, and there are no less restrictive means for the state to achieve that goal.

To avoid any conflict between their religious beliefs and the state Unruh Civil Rights Act’s antidiscrimination provisions, defendant physicians can simply refuse to perform the IUI medical procedure at issue here for any patient of North Coast, the physicians’ employer. Or, because they incur liability under the Act if they infringe upon the right to the “full and equal” services of North Coast’s medical practice, defendant physicians can avoid such a conflict by ensuring that every patient requiring IUI receives “full and equal” access to that medical procedure though a North Coast physician lacking defendants’ religious objections.

In a concurring opinion, Judge Baxter leaves open the possibility that a doctor with a stand-alone private practice may still argue for a religious exemption.

Having it Both Ways on Hiring Rights and the Faith-Based Initiative

Former White House Faith-Based Director Jim Towey writes an op-ed in today's Denver Post, in advance of next week's Democratic convention in that city. He used the occasion of Saturday's Saddlebrook forum, and Rick Warren's question regarding faith-based funding and hiring discrimination, to attack (once again) the religious liberty safeguards supported by Senator Obama.

Obama's plan, you may recall, underlines the need to refrain from religious discrimination in hiring for positions created by federal money. To his credit, he stuck to those guns in an adverse environment (Barry Lynn argues the question was a set-up) on Saturday.

What gets me about critiques like Towey's - and what makes them disingenuous, frankly - is not that he obviously disagrees with an anti-discrimination safeguard, but that he falsely paints it as tantamount to dismantling the entire faith-based funding program. Towey writes:

Obama wants to abandon President Bush's — and President Clinton's — efforts to protect the right to hire on a religious basis of faith-based charities that provide taxpayer-funded social services.
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Obama can not have it both ways — he cannot build upon President Bush's policy while jettisoning one of its core principles.
And yet, as Towey well knows, the program currently offers no such clear right to hire based on religion for jobs created by federal funds. The "efforts" he refers to - those of President Bush and a minority in Congress to undo those protections - have failed. Towey himself acknowledges as much elsewhere in the op-ed in his discussion of Catholic Charities, and Obama tried to make this point in his answer to Warren:
[W]e do have to be careful to make sure that we are not creating a situation where people are being discriminated against, using federal money. That's not new. That's a concept that was true under the Clinton administration. That was true under the Bush administration.
He's right. If maintaining that protection amounts to trying to "have it both ways", as Towey says, then the program has managed to "have it both ways" throughout the Bush Administration. If it would result in "jettisoning one of its core principles", then the faith-based funding initiative touted by Towey and Bush has been rolling along without one of its core principles for the last 8 years.

It is President Bush's policy, supported by Towey and others, that would - if adopted - overhaul the relationship between religious groups and the government and unravel the already-weakened status quo, not Obama's.

Since the opening of the White House Faith-Based Office, the Bush Administration has sought to dismantle what's left of important constitutional protections that ensure there is no religious discrimination in hiring for jobs fully created by the government. Most notably in last year's re-authorization of the Head Start Program, Congress has wisely declined to go along with that reckless proposal every time. Throughout, Administration officials like Towey have touted the grand success of the Faith-Based Initiative. Yet now they would have us believe that its very existence depends on a change that would explicitly allow the federal government to create jobs that are not open to some Americans simply because of their religious beliefs, or lack thereof.

It sounds to me like it is Jim Towey who is trying to have it both ways: on one hand proclaiming the greatness of Bush's Faith-Based Initiative, and on the other, warning that the program will fall to pieces without this major change. Safeguards against religious discrimination are good for religion, and protect believers of all faith. They have also done nothing to stop or impede partnership between government and religious organizations in providing services with a secular purpose. There is no reason now to believe that such protections would suddenly threaten those historic partnerships.

August 17, 2008

Saddlebrook Transcript, Video, Church-State Highlights

You can read a transcript of Rick Warren's forum with Senators Obama and McCain here. And you can access video at the links below:
Obama: Part 1 || Part 2
McCain: Part 1 || Part 2

For the most part, the questions were not offensively religion-obsessed. Warren did ask about what Christianity meant to them (in terms of their "world view"), and if they thought evil "exists", which I thought a bit strange, but none of the straight theological questions we have seen in other religion-tinted forums. He did manage to elicit some response on issues of particular church-state importance, like faith-based funding and hiring discrimination, as well as religious persecution. Excerpts from those exchanges are in the extended entry below.

Continue reading "Saddlebrook Transcript, Video, Church-State Highlights" »

August 16, 2008

Questioning the Saddlebrook Forum

Not everyone's happy about the presidential candidates participating in a church forum today, hosted by Rick Warren. AU's Barry Lynn wonders if we haven't covered this ground already:

“Campaign 2008 is starting to feel like a Sunday school Bible drill,” said the Rev. Barry W. Lynn, executive director of Americans United. “We’re electing a president, not a national pastor. I don’t see what good it will do for the American people to again hear the candidates spout pious platitudes about their favorite Bible verses or how devout they are.

Pastor Susan Smith has this to say:
I have one question I would ask both Senators Obama and McCain, if I had the chance, and that is, why? Why have you consented to sit in a church, an evangelical megachurch at that, to answer questions from that church's pastor, Rick Warren?
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Being "men of the system," as it were, and possessing some knowledge of the United States Constitution and its inference that there should be separation between church and state (that phrase is not actually used), why are you doing this?

And David Waters thinks pastor Rick Warren is the one making the mistake:
However sincere his attempt, however well-crafted his questions, Warren will merely be providing the candidates with another campaign podium -- or in this case, an immensely respected and valued pulpit. Saddleback Church will become the backdrop for McCain and Obama political ads. . . Warren won't be endorsing either candidate, but by their presence they will be endorsing him and his church.
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Is Warren is surrendering his moral and spiritual authority here? Does the pastor of any church, or any religious leader for that matter, have any business playing any sort of political power-broker role, especially in a place of worship?
The forum is tonight - on CNN and MSNBC - at 8ET. (Jake Tapper has a last-minute preview of Rick Warren's plan for the evening.) I'm looking forward to it, if with a bit of trepidation. Come back here later for highlights and reaction.

August 15, 2008

Federal Judge Rules Against Library's "Religious Service" Ban

Via Religion Clause, the Columbus Dispatch reports on a federal judge's injunction requiring the Upper Arlington Public Library to abandon their policy against using library facilities for "inherent elements of a religious service." The library had created a "limited public forum", according to the 32-page opinion, and may not exclude expression merely for being religious. Further, the judge agreed with the argument that the state is "incompetent" to distinguish between speech *about religion* - which the library allowed - and speech that *constitutes religious worship* - which the library denied for fear of violating the Establishment Clause. Here are some highlights.

The Court does not need to reach the tough questions of whether a religious worship service can be prohibited or what constitutes “mere worship.” Even assuming “mere religious worship” could be precluded, Plaintiff’s proposed Politics and the Pulpit event was not so restrictive. Admittedly, Plaintiff’s proposed event, like the Club’s proposed meeting in Good News Club, included prayer and singing, activities that could be labeled “quintessentially religious,” and if conducted in isolation, could arguably be considered “mere religious worship.” However, just like in Good News Club, Plaintiff’s other activities—“A discussion of what the Bible teaches regarding involvement by Christians, Pastors, and Churches in politics”; and “A discussion of the current status of the law regarding political involvement by Christians, Pastors, and Churches”—were clearly consistent with the activities permitted by the Library.
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Instead of prohibiting the Plaintiff’s entire proposed event, however, Defendant severed out and excluded just the singing and praying activities, labeling those activities “inherent elements of a religious service.” Plaintiff’s practice of excluding “inherent elements of a religious service” cannot be reconciled with the Good News Club Court’s conclusion that activities that are “quintessentially religious” or “decidedly religious in nature” can also constitute speech with a religious viewpoint.
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To permit the Library to draw the distinctions necessary for it to sever out and exclude activities it concludes are “inherent elements of a religious service,” would inevitably entangle it with religion in a manner forbidden by the Constitution.
I have to say I have lots of sympathy for folks administering public meeting space like this, who are no doubt thoughtful citizens with nothing against religion. The litigation battles between Establishment Clause and Free Speech/Free Exercise have become so intense, it must feel like there is no safe space for a policy in between. If I were designing a new public library, I would be tempted to leave out meeting space altogether, just to avoid the trouble - and legal expense - of navigating this difficult terrain.

The Presidential Campaign Goes to Church

In today's Christian Science Monitor, Jane Lampson previews Saturday's presidential forum at Rick Warren's Saddleback Church in Orange County, CA.

It's a sign of religion's importance in the 2008 presidential campaign. The event, back-to-back one-hour interviews at Mr. Warren's California megachurch, will be broadcast live on CNN and streamed on the Web. It also represents the emergence of a new style of evangelical leadership on the national stage, which is not tied to a single party and has broadened its social agenda beyond that of the religious right.
You can read my earlier post - and some concern - about the event here.

August 14, 2008

Faith in the Democratic Party Platform

Jeffrey Weiss at the Dallas Morning News read the platform draft of the Democratic Party, looking for references to faith. Here's one key example he found, that indicates an interest in continuing faith-based funding while attempting to ensure religious liberty protections:

We honor the central place of faith in our lives. Like our Founders, we believe that our nation, our communities, and our lives are made vastly stronger and richer by faith and the countless acts of justice and mercy it inspires. We believe that change comes not from the top-down, but from the bottom- up, and that few are closer to the people than our churches, synagogues, temples, and mosques. To face today's challenges-from saving our planet to ending poverty--we need all hands on deck. Faith-based groups are not a replacement for government or secular non-profit programs, rather, they are yet another sector working to meet challenges of the 21st century. We will empower grassroots faith based and community groups to help meet challenges like poverty, ex-offender reentry, and illiteracy. At the same time, we can ensure that these partnerships do not endanger First Amendment protections and that public funds are not used to proselytize or discriminate. We will also ensure that taxpayer dollars are only used on programs that actually work.
You can read the document (pdf)here.

Florida Supreme Court to Hear Appeal of Voucher-Related Amendments

AP reports the legal dispute over Florida's ballot initiatives slated for November will be heard by the state's Supreme Court. A trial judge rejected a challenge by civil liberties groups to the amendments, which would allow a school voucher program. Because of time concerns, the state appeals court has let the issue proceed directly to Florida's highest court.

August 13, 2008

ADF Asks Supreme Court to Consider "Student Expression" Case

The Allied Defense Fund has filed cert (pdf) with the Supreme Court asking them to review the 6th Circuit's ruling in favor of a Michigan school district. There, an 11-year-old had incorporated religious literature into a project in which students design products to be sold, and was denied the ability to sell them as a part of "Classroom City". The Appeals Court noted that "when the expression is school-sponsored speech, such as a school newspaper, or speech made as part of a school’s curriculum, schools are afforded greater latitude to restrict the speech." And, they determined, restricting religious content from this assignment (which did not invite any viewpoint expression) reflected reasonable "pedagogical concerns".

USAToday has a report this morning on ADF's petition, though frankly it fails to report the school district's side of the story.

University of California Can Reject Course Credits From Christian High Schools [UPDATED]

The San Francisco Chronicle reports on the decision by a federal judge allowing the University of California to continue denying credits for high school classes that don't meet standards.

Judge James Otero of Los Angeles said UC's review committees cited legitimate reasons for rejecting the texts - not because they contained religious viewpoints, but because they omitted important topics in science and history and failed to teach critical thinking.
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UC denies credit to courses that rely largely or entirely on material stressing supernatural over historic or scientific explanations, though it has approved such texts as supplemental reading, the judge said.
The University has a right to set reasonable standards, so long as they don't reflect a bias against religion. The problem bias here is the one the Christian schools have against the fields of science and history. We don't allow religion to be taught as science in public high schools. Why would public Universities allow religion (or anything else) to be masquerading as science in their applications for admission?

Earlier posts are here and here. You can read the decision here.

[UPDATE: The LATimes story is here, and reports that the decision will be appealed.]