Another Catholic school shocks press with ‘morality clause’

A reader sent in a story from Louisiana focusing on a Catholic-education topic that will — trust me — be in the news more and more in the years ahead.

But first, here’s some background.

One of the trends we are seeing in the era of the Obama White House, and Justice Department, is an attempt to draw a legal line between freedom of worship and freedom of religion, period. The best example, so far, is found in the Health & Human Services mandates, which allow more protection for expressions of faith linked to worship and denominational life than for expressions of faith that contact people outside the doors of explicitly religious sanctuaries.

As I wrote in a column for Scripps Howard last year:

The larger civic argument … focuses on whether government officials can decree that “freedom of worship” is more worthy of protection than “freedom of religion,” a much broader constitutional concept.

After all, the HHS mandate recognizes the conscience rights of a religious employer only if it has the “inculcation of religious values as its purpose,” “primarily employs persons who share its religious tenets” and “primarily serves persons who share its religious tenets.” In other words, “freedom of worship” protects a nun when she prays for people with AIDS, but she may not be protected by “freedom of religion” when caring for non-Catholics with AIDS in a ministry that hires non-Catholics.

In response to this new regime, I believe we will see more and more institutions linked to religious groups — especially schools — drawing up much stricter and more explicit doctrinal covenants for teachers, students and everyone else linked to these voluntary associations. Their leaders will, in other words, be asking people to sign on the bottom line to show that they are committed to faithfully living in accordance with specific doctrines or, at the very least, publicly supporting those doctrines.

So what will this look like in practice, in news coverage? It appears, in this KATC.com story, that the producers didn’t realize that their local event was part of a larger, national trend in Catholic schools. Note the shocked tone in this:

A new morality clause that is now included in Diocese of Lafayette teachers’ contracts bars teachers from engaging in homosexual activity, using birth control or being married outside the church, KATC has learned.

The new clause has led to the end of at least one teacher’s career at Our Lady of Fatima School, who is gay.

“Fatima School did not ask me to leave. It was because I could not sign my contract and be honest to its content,” teacher Jane Riviere said in a statement. “The leadership was very respectful, compassionate and understanding during this process.”

This opening raises all kinds of questions. For example, does the covenant forbid homosexual activity or all sexual activity outside of the Sacrament of Marriage? I predict the latter. Also, is this covenant, in reality, simply a variation on covenants that are increasingly being used in many Catholic schools across the nation, in part due to the Ex Corde Ecclesiae manifesto by the Blessed John Paul II?

Part of the problem is that local Catholic officials, instead of sharing the content of the covenant and showing it’s links to Catholic trends elsewhere, appear to have slammed the door in the face of journalists seeking information. That is unfortunate.

Of course, the journalists could have used a search engine and found similar covenants with a few clicks of a mouse.

Let’s read on.

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Cardinal Dolan dares to tweak the NYTimes

If you’ve paid attention to religion news at all in recent days, you probably know that the U.S. Conference of Catholic Bishops has responded to the latest attempt by the White House (.pdf here) to draw a legal line between religious liberty in church pews and freedom of religious expression in the marketplace and the rest of American life.

The bishops’ key point appears to be that this latest version of the Health and Human Services mandate “falls short” of the mark.

The New York Times put it this way:

The nation’s Roman Catholic bishops on Thursday rejected the latest White House proposal on health insurance coverage of contraceptives, saying it did not offer enough safeguards for religious hospitals, colleges and charities that objected to providing such coverage for their employees.

The bishops said they would continue fighting the federal mandate in court. … The bishops said the proposal seemed to address part of their concern about the definition of religious employers who could be exempted from the requirement to offer contraceptive coverage at no charge to employees. But they said it did not go far enough and failed to answer many questions, like who would pay for birth control coverage provided to employees of certain nonprofit religious organizations.

In the eyes of Cardinal Timothy Dolan of New York, who is also the current leader of the U.S. bishops, that simple word “rejected” does not capture the full intent of his organization’s response. Thus, he took to his blog to say:

Unfortunately, there were some news reports today that claimed the bishops “rejected” the White House proposal, ignoring the fact that we bishops said, “we welcome and will take seriously the Administration’s invitation to submit our concerns through formal comments, and we will do so in the hope that an acceptable solution can be found that respects the consciences of all.”

Now, my goal here is not to argue with Dolan on his point about the accuracy of that “rejected” paraphrase.

Instead, I would like to voice a hearty “amen” to the post written by the omnipresent Rocco Palmo over at “Whispers in the Loggia” in which he notes a significant trend — which is the willingness these days of Catholic leaders to use social media and/or the Internet to directly debate major newsrooms about issues of content and interpretation.

Palmo writes:

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Running the White House spin on HHS regulations

If news is ever going to break on your beat, it will break on Friday afternoon, a few hours before you planned to enjoy your weekend. I don’t know why it’s always true, but it’s always true. Or at least, that’s how it works for me.

On Friday, the White House announced that there’d be another change to its rule requiring groups to provide insurance plans that cover abortion drugs, contraception and sterilization even if they have religious objections. On Twitter, Godbeat pros immediately started complaining about this change happening on a Friday afternoon — like all the other news related to this ruling had happened on Friday afternoons.

Why is this significant? Well, you have an extremely limited time to compose a story and people who might react to the story have a very short time to think through their reaction to this story. Some were able to power through the mandate revisions and respond, but some wanted to take their time and reflect before reacting. Do they have any idea how frustrating this is to a reporter on deadline?

I simply must share Sam Rocha’s hilarious post from elsewhere on Patheos, headlined “BREAKING NEWS: USCCB to Think About HHS Amendment Sanely and Without the Advice of Drudge, Huff Post, or Alike.” Here’s how it begins (though the whole thing is funny):

In a shocking press release, United States Conference of Bishops made several unexpected moves in response to the Obama administration’s proposed modifications to the HHS mandate in the Patient Protection and Affordable Health Care Act, known by many as Obamacare. In a brief three-sentence memo, Cardinal Timothy Dolan implied a number of cryptic, esoteric, and ridiculous things. Two of the three sentences were particularly disconcerting to American Catholics:

We welcome the opportunity to study the proposed regulations closely. We look forward to issuing a more detailed statement later.

American journalists and politicians are outraged. An MSNBFOX reporter writing on condition of anonymity e-mailed,

WTF! Seriously? The USCCB is going to READ the whole document before they comment? What is this, the stone age? Clearly the Bishops are again showing how out of touch they are with the times. We reported on this story before we were sure it was real. That’s what we do: we make things real, even if they’re not. And if they are, we sometimes make them unreal by ignoring them. How naive and trite of them to act like this is their role. Ridiculous, really. Know your role, Bishops.

Obviously I love daily journalism, but I’ll take a chance to ruminate on a story any day. So I was impressed with how some reporters were able to get the details out quickly, including some reaction from the affected groups who claim they care about something they call “religious liberty.” (I think that’s how we’re supposed to characterize the parties suing the federal government.) Here’s Christianity Today, for instance.

The White House is claiming that they’ve compromised. Some folks need time to react to the changes and others are already saying that the changes are not a compromise. A lot of what’s been said in response to the mandate changes sounds like spin, too. So should media outlets just run with White House spin?

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Savvy PR firm scores NYTimes coup against March For Life

We’ve received quite a few complaints about the religion angle the New York Times chose for its story on the March For Life. And I’d sure as heck like to join in.

But before I do that, I want to point out that the Times also ran a straight news story covering the march and, unlike any year I can recall, it actually ran in the print edition and not just as a brief mention on a blog post. The story that has outraged so many folks is the primary story on the march that ran in a more prominent position than the straight story. In fact, it ran above the fold of the national news section, headlined “In Fight Over Life, a New Call by Catholics.”

The lede:

The March for Life in Washington on Friday renewed the annual impassioned call to end legalized abortion, 40 years after the Roe v. Wade decision. But this year, some Roman Catholic leaders and theologians are asking why so many of those who call themselves “pro-life” have been silent, or even opposed, when it comes to controlling the guns that have been used to kill and injure millions of Americans.

More than 60 Catholic priests, nuns, scholars and two former ambassadors to the Vatican sent a letter this week saying that if marchers and politicians truly want to defend life they should support “common-sense reforms to address the epidemic of gun violence in our nation.”

A caption for the piece read:

Anti-abortion protesters flooded the National Mall in Washington on Friday for the annual March for Life. Many Catholic leaders and theologians are asking why many of those who call themselves ‘pro-life’ have been silent when it comes to gun control.

You’ll notice that marchers are only called “pro-life” in a scare-quotey sense to cast skepticism on their claims. You might also wonder if the Times broke precedent to cover the massive march so as to be able to criticize it with this more prominent story, but we can’t really know the answer to that question.

We’re a family site here so I’m going to be careful here:

Are you [bleeping] kidding me? Are you [bleeping] kidding me?

What? This is the religion angle for the massive, hundreds-thousands-strong March for Life that marks the murder of 55 million unborn children over the last 40 years? We’re going to turn it into something nebulous (no specific gun controls are even discussed) related to the media’s current political cause du jour?

And it gets worse.

Believe it or not, this is basically just a press release from the same savvy, highly funded PR firm that has been rolling reporters for the last year. One is beginning to think they enjoy the ride.

The group that put out the letter is … drum roll please …

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BBC misses religious-liberty ghost in St. Francisville, La.

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Through the years, your GetReligionistas have gone out of our way to note that it’s a good thing, every now and then, for journalists to end up on the other side of a reporter’s notebook or camera lens.

This can be a sobering experience, in large part because it helps us realize the kinds of decisions that journalists get to make when editing the statements and information offered by other people. It is hard for working journalists to realize what it is like to be, using that crucial Poynter.org term, the “stakeholders” whose lives have to some degree been changed by the publication of a story.

There are, of course, sins of commission committed against stakeholders. Journalists may get facts wrong, mangle quotes or pull a person’s words completely out of context in a way that changes their meaning.

Then there are the more frequent sins of omission. One of the most common is when a journalist interviews someone for an hour or so and, in the end, uses one or two sentences from an interview without any consideration for whether those remarks have anything to do with the central argument being made by the person being interviewed.

Recently, a BBC crew came to visit Rod “friend of this blog” Dreher at his home in St. Francisville, La., for a piece that focused on the degree to which Americans out in flyover territory, out in the red zip codes (click here, please, for an amazing graphic), feel disconnected from the values and agenda of their national government.

The video piece itself appears at the top of this post. The short note that accompanied the feature states, in part:

Rod Dreher lives 1,000 miles – and a world away — from the partisan politics that have paralyzed Washington DC in recent years. After living in big US cities for several years, the writer and editor for the American Conservative magazine moved back with his wife and children to the small Louisiana town where his family had lived for five generations.

In St Francisville, his family sought — and found — the support that comes from living in a tight-knit community. The desire of local people to come together to talk and solve problems, he says, is in stark contrast to the behaviour of politicians at the national level.

Dreher says America is making the same mistakes that led to the end of the Roman Empire: the capital is too far removed from the real needs of the people in the provinces who feel ever more alienated from their rulers.

And what is the ultimate point of the video, which is to say what was the ultimate point of the Dreher interview?

I cut off that part of the BBC explanatory note. View the piece for yourself and ask this basic question: “What is the thesis statement of this piece, especially it’s thesis about what needs to happen in American politics?”

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Got news? That other 2012 Supreme Court case

Does anyone out there in GetReligion reader land remember that narrow U.S. Supreme Court decision that cleared the way for arguments to continue about the Obama administration’s health-care law? On one level, that decision was about money and taxes, but buried down in one of the opinions written on the winning side was a highly significant, yet mostly overlooked, quote linked to the religious-liberty battles that dominated the religion-news beat in 2012.

At the time, I wrote a GetReligion post that pointed readers toward that important material buried deep inside the blog world at The Washington Post:

“I think the court’s decision makes clear Obama is still subject to legal challenges and that the Supreme Court is willing to entertain that the HHS regulations violate the rights of religious freedom,” said Hanna Smith, senior counsel at the Becket Fund, a D.C. firm involved in some of the 23 pending lawsuits against the White House. The lawsuits all focus on opposing a mandate announced by the Department of Health and Human Services after the law was passed.

Mark Rienzi, another Becket attorney, said in a phone conference call that the ruling today only spoke to whether Congress had the right to pass the act — not on the details of how it’s implemented. …

The attorneys honed in on two parts of Thursday’s ruling. One, from the majority opinion, said: “Even if the taxing power enables Congress to impose a tax on not obtaining health insurance, any tax must still comply with other requirements in the Constitution.”

The second, from Justice Ruth Ginsberg, (sic) said “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.”

The key is the Ginsburg quote, especially since it came from one of the most important voices on the court’s left wing.

In my mind, I coupled that quote with another Supreme Court decision that received some attention. However, to my surprise, this other decision didn’t make it into the list of the year’s Top 10 stories produced by the Godbeat pros voting in the poll posted by the Religion Newswriters Association.

I’m talking about that 9-0 decision in which the court defended the “ministerial exception” that allows churches and religious organizations to take doctrine into account when hiring and firing employees. Yes, the U.S. Justice Department actually argued against religious groups on that issue. Yes, the court then voted 9-0 against the White House on that religious-liberty issue.

Yes, I still think that was one of the most important religion-news stories of the year. I ranked it No. 2 on my RNA ballot.

Bobby has served up scores of interesting links and viewpoints wrapping up Godbeat 2012, but I thought I would show GetReligion readers my whole ballot — in the form of last week’s column for the Scripps Howard News Service.

I started with a blast from a prominent pulpit in Dallas:

‘Twas the Sunday night before the election and the Rev. Robert Jeffress was offering a message that, from his point of view, was both shocking and rather nuanced.

His bottom line: If Barack Obama won a second White House term, this would be another sign that the reign of the Antichrist is near.

Inquiring minds wanted to know: Was the leader of the highly symbolic First Baptist Church of Dallas suggesting the president was truly You Know Anti-who?

“I am not saying that President Obama is the Antichrist, I am not saying that at all,” said Jeffress, who previously made headlines during a national rally of conservative politicos by calling Mormonism a “theological cult.”

“What I am saying is this: the course he is choosing to lead our nation is paving the way for the future reign of the Antichrist.”

That’s some pretty strong rhetoric, until one considers how hot things got on the religion beat in 2012. After all, one Gallup poll found that an amazing 44 percent of Americans surveyed responded “don’t know” when asked to name the president’s faith. The good news was that a mere 11 percent said Obama is a Muslim — down from 18 percent in a Pew Research Center poll in 2010.

Could church-state affairs get any hotter? Amazingly the answer was “yes,” with a White House order requiring most religious institutions to offer health-care plans covering sterilizations and all FDA-approved forms of contraception, including “morning-after pills.” The key: The Health and Human Services mandate only recognizes the conscience rights of a nonprofit group if it has the “inculcation of religious values as its purpose,” primarily employs “persons who share its religious tenets” and primarily “serves persons who share its religious tenets.”

America’s Catholic bishops and other traditional religious leaders cried “foul,” claiming that the Obama team was separating mere “freedom of worship” from the First Amendment’s sweeping “free exercise of religion.” In a year packed with church-state fireworks, the members of Religion Newswriters Association selected this religious-liberty clash as the year’s top religion-news story. Cardinal Timothy Dolan of New York, the point man for Catholic opposition to the mandate, was selected as the year’s top religion newsmaker – with Obama not included on the ballot.

The story I ranked No. 2 didn’t make the Top 10 list. I was convinced that the 9-0 U.S. Supreme Court decision affirming a Missouri Synod Lutheran church’s right to hire and fire employees based on doctrine could be crucial in the years — or even months — ahead.

So let’s move on to the rest of my version of the RNA Top 10 list, after the HHS mandate conflict.

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2012 in review: Contraception vs. religious freedom

I posted last week on the Top 10 religion stories of 2012, as chosen by the Religion Newswriters Association.

Readers who responded to the RNA’s list did not seem to disagree with the No. 1 story so much as the characterization of it:

1. U.S. Catholic bishops lead opposition to Obamacare requirement that insurance coverage for contraception be provided for employees. The government backs down a bit, but not enough to satisfy the opposition.

Regular reader FW Ken commented:

The HHS mandates represent a first step towards publicly funded abortion, and, as such, it’s easily the most important religion story in the list. Calling it a “contraception fight” is simply minimizing spin.

The RNA provided a little more context in its description of its Religion Newsmaker of the Year:

1. Cardinal Timothy Dolan of New York becames a point man for Catholic objections to required coverage of contraception, sterilization and morning after drugs in Obamacare. But Dolan also took heat from the right when he invites the President to the traditional Al Smith Dinner in New York.

Interestingly, unless my eyes are playing tricks on me, the contraception/religious freedom issue failed to make HuffPost Religion’s Top 10 stories of the year.

Christianity Today ranked the issue as its No. 1 story of 2012, describing it this way for its evangelical audience:

Christian colleges and for-profit businesses sue over the Obama administration’s narrow religious exemption to its insurance requirements for birth control, including emergency contraceptives.

Continuing its dedication to scare quotes on this issue, Religion News Service listed A bitter pill: Rallying against contraception in the name of “religious freedom” among its 10 ways that religion shaped news in 2012.

If you can’t get enough of year-end lists and religion news, The Tennessean’s Godbeat pro Bob Smietana reflects on the biggest religion news in Nashville during 2012. World magazine recounts its top 25 articles of 2012. The Associated Baptist Press reviews 2012, The Gospel Coalition examines the top theology stories, and Ed Stetzer weighs in on the top religion news. Baptist Press shares its most-read stories of 2012. The Christian Chronicle highlights its most-viewed blog posts and quotes of the year. Vatican expert Sandro Magister looks at 2012 and makes predictions for 2013. And Christianity Today rounds up more year-end religion lists.

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Got news? White House vs. Little Sisters of the Poor

From coast to coast, the lawyers of religious groups and charities can almost quote the following legal language by heart. This is, of course, linked to the strange — from a church-state separation perspective — Health and Human Services mandate that attempts to create two different levels of religious liberty in the United States.

Group health plans sponsored by certain religious employers, and group health insurance coverage in connection with such plans, are exempt from the requirement to cover contraceptive services. A religious employer is one that: (1) has the inculcation of religious values as its purpose; (2) primarily employs persons who share its religious tenets; (3) primarily serves persons who share its religious tenets; and (4) is a non-profit organization under Internal Revenue Code section 6033(a)(1) and section 6033(a)(3)(A)(i) or (iii). …

To cut to the chase, this legal language appears to offer (Justice Anthony Kennedy, please call your answering service) religious liberty for activities inside sanctuary doors, involving believers, and religious liberty lite for forms of religious ministry that impact the public.

As I noted, via direct quotation, in a recent Scripps Howard News Service column:

“Consider Blessed Mother Teresa and the Missionaries of Charity reaching out to the poorest of the poor without regard for their religious affiliation,” said Baltimore Archbishop William E. Lorio this June, during the American bishops’ Fortnight For Freedom campaign. “The church seeks to affirm the dignity of those we serve not because they are Catholic but because we are Catholic. The faith we profess, including its moral teachings, impels us to reach out — just as Jesus did — to those in need and to help build a more just and peaceful society.”

Now this precise conflict has hit the headlines in an amazing and symbolic case that simply has to end up in a high court, sooner rather than later, unless White House lawyers jump in and make changes.

The problem is that this story is making headlines, at this point, in Catholic and alternative, “conservative” news sources. Once again, we are in that strange era in which the defense of old-fashioned liberal values is suddenly “conservative.”

In this case, we are dealing with a news story — period. Here it is at LifeSiteNews.com, with material drawn from, ironically, the rather funky libertarian conservative Daily Caller.

The Obama administration’s HHS mandate may force the Catholic Little Sisters of the Poor to cease their U.S. operations, according to Sister Constance Carolyn Veit, the religious order’s communications director.

The Little Sisters currently provide group homes and daily care for the elderly poor in 30 U.S. cities.

Sister Constance told The Daily Caller that the Little Sisters may not qualify for a religious exemption from ObamaCare’s requirement that employers provide coverage for contraceptives, sterilizations and abortion-causing drugs free of charge to female workers.

“We are not exempt from the [ObamaCare] mandate because we neither serve nor employ a predominantly Catholic population,” Constance said. ”We hire employees and serve/house the elderly regardless of race and religion, so that makes us ineligible for the exemption being granted churches.”

Catholic teaching forbids contraception, sterilization and abortion, but President Obama’s health-care overhaul law requires employers to offer services that cause all three to their employees without a co-pay. Failure to comply will result in fines of $100 a day per employee — even for religious orders like the Little Sisters whose members have taken vows of poverty.

“[I]t could be a serious threat to our mission in the U.S.,” said Sister Constance, “because we would never be able to afford to pay the fines involved. We have difficulty making ends meet just on a regular basis; we have no extra funding that would cover these fines.”

My point, in this post, is not to debate the HHS mandate itself. However, it is clear that, as currently worded, the Little Sisters of the Poor do not qualify for protection — for the same reason that the sisters walking in the footsteps of Mother Teresa do not qualify.

My point here is journalistic: Is this an interesting news story?

I would argue that it would be hard to imagine a more symbolic showdown than, literally, The United States vs. The Little Sisters of the Poor. That, friends and neighbors, is quite a headline. The fines hitting the various branches of this poverty-based religious order would, literally, be millions of dollars a year.

But this would never happen, right?

As it turns out, the Little Sisters of the Poor have previously been forced to leave other countries because of religious-liberty disputes.

“[A]s Little Sisters of the Poor, we are not strangers to religious intolerance,” Sister Constance wrote in a June 2012 essay for The Tablet, a Brooklyn-based Catholic newspaper. “Our foundress was born at the height of the French Revolution and established our congregation in its aftermath.”

“Our sisters have been forced to leave numerous countries, including China, Myanmar and Hungary, because of religious intolerance,” she wrote. “We pray that the United States will not be added to this list.”

Got news? Not yet.

Help your GetReligionistas look for the headlines in the mainstream press. This is a poignant news story, right?