How does that HHS mandate ruling affect American religion?

THE RELIGION GUY EXPLAINS:

So far, no-one has yet posted a question on the June 30 U.S. Supreme Court decision allowing certain religious exemptions from the Obama Administration’s birth control mandate. So The Guy is posting his own analysis of an important case that highlights the nation’s religious, moral, legal, and political divisions.

The case involved the Hobby Lobby craft stores and two smaller businesses wholly owned by evangelical Protestant families. They believe that because human life begins at conception it’s sinful to pay for intrauterine devices (IUDs) and “morning-after” pills that may constitute early abortion by (a disputed point) preventing implantation of fertilized eggs. Other Christians disagree. Justice Alito’s opinion for a spare 5-4 majority said such “closely held” commercial companies enjoy religious freedom protection just like churches and individuals.

Two religious denominations that favor total birth control coverage charge that the Court violated liberty rather than respecting it. The president of the Unitarian Universalist Association said the ruling “dangerously diminishes the religious, moral, and legal rights of every American, but especially women,” and decried “the growing use of the religious freedom argument as a tool of discrimination and oppression.” Reform Judaism’s top four officials jointly declared that the Court majority “denies the religious liberty” of these women employees and “the compelling interest of ensuring all women have access to reproductive health care.”

The Protestant businesses were supported by the Catholic and Mormon churches, numerous evangelical groups, Orthodox Jews, a prominent Muslim educator, 107 members of Congress (mostly Republicans), and 20 of the 50 states. The president of the U.S. Catholic bishops said the Court upheld “the rights of Americans to live out their faith in daily life.” The public policy spokesman for America’s largest Protestant body, the Southern Baptist Convention, hailed “an absolute victory for religious liberty” and for “common sense and conscience.”

The Baptist also accused the Obama Administration of “cavalier disregard of religious liberty” and lamented that not long ago no-one could have imagined such an attack on religious rights. That might sound overwrought, but traditionalists express alarm that getting all contraception without cost would overrule Constitutional protection of conscience. An April Kaiser Health poll showed 55 percent of Americans think companies should cover birth control “even if it violates their owners’ personal religious beliefs.” More broadly, last year’s Newseum poll found 34 percent believe the First Amendment “goes too far” in upholding citizens’ freedoms, up from 13 percent in 2012.

A few technicalities: Many articles said this ruling denies “access” to birth control, but the Court guaranteed that 49 years ago. Rather, the issue is whether women employees must pay $500 to $1,000 for IUD placements or the modest cost of the pills. Hobby Lobby opposes only those two methods and, like most Protestants, has no problems with the 16 other birth control options in the federal mandate. (The Affordable Care Act passed by Congress doesn’t actually mandate birth control coverage, which the Obama Administration added later.) Though some ridicule the idea that companies have rights the way individuals do, the Court cited well-established precedents for treating corporations as ”persons” for legal purposes.

The ruling was based on the Religious Freedom Restoration Act, which was passed overwhelmingly by a Democratic House and Senate and signed by President Clinton in 1993, when the two political parties were more united on religious matters.

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Pod people: White House vs. the Wheaton College covenant

From the very beginning, some mainstream news organization have — appropriately so — emphasized that many, if not most, progressive religious organizations have not only supported Obamacare, but the controversial Health & Human Services mandate as well.

This raises a logical question: What are the doctrinal fault lines that are dividing religious groups on the many moral issues linked to the mandate?

Obviously, some groups oppose the mandate — period. Catholics oppose its requirement that all forms of contraception be covered. Then there are evangelicals, such as the Hobby Lobby owners, who have no problem with most forms of birth control, but oppose the so-called morning-after pill and other contraceptives that they believe — scientists are split on the issue — induce abortions.

That would seem to be that. However, there is another moral complication that is affecting many doctrinally defined ministries, non-profits and schools that continue to oppose the mandate. Yes, this is the Little Sisters of the Poor camp, which also includes many schools and universities, such as Wheaton College.

More on that in a moment, since this was the topic that drove this week’s episode of “Crossroads,” the GetReligion podcast. Click here to listen in.

So what is going on with Wheaton, the Little Sisters, et al.?

This brings us back to the infamous “tmatt trio,” those three doctrinal questions that I have long used — as a journalistic tactic — to probe the differences between warring camps inside various churches. Remember the three questions?

(1) Are biblical accounts of the resurrection of Jesus accurate? Did this event really happen?

(2) Is salvation found through Jesus Christ, alone? Was Jesus being literal when he said, “I am the Way, the Truth, and the Life. No one comes to the Father except through me” (John 14:6)?

(3) Is sex outside of marriage a sin?

Think about that third question for a moment. In recent decades, churches have been fighting about the moral status of homosexual acts and same-sex marriage. At times, it’s hard to remember that progressive and orthodox churches are also divided over the moral status of premarital sex and, in a few cases, even extramarital sex (some liberal theologians have argued that the redemptive work of the Holy Spirit can even been seen in some acts of infidelity).

This bring’s us back to Wheaton College and the other ministries, non-profits and schools that do not want to cooperate with the HHS mandate in any way. As I wrote the other day, many:

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Attention editors: Is there a ‘Little Sisters’ case in your area?

While the post-Hobby Lobby meltdown continues on the cultural and journalistic left — this New Yorker piece is beyond parody — it’s important to remember that, from a church-state separation point of view, the most serious issues linked to the Health & Human Services mandate have not been settled.

Here at GetReligion, we have been urging reporters and editors to look at this as a story that is unfolding on three levels.

(1) First, there are churches, synagogues, mosques and other religious institutions that are directly linked to “freedom of worship” and, thus, in the eyes of the White House, should be granted a full exemption by the state. The problem is that the U.S. Supreme Court has never been anxious to define what is and what is not “worship,” since that is a doctrinal matter.

(2) Religious ministries, non-profits and schools that — functioning as voluntary associations — believe that their work in the public square should continue to be defined by specific doctrines and traditions. The leaders of these groups, for religious reasons, also believe that these doctrines and traditions should either be affirmed by their employees or that, at the very least, that their employees should not expect the organization’s aid in opposing them. In other words, these ministries do not want to fund acts that they consider sinful or cooperate in their employees (or others in the voluntary community, such as students) being part of such activities. More on this shortly.

(3) For-profit, closely held corporations such as Hobby Lobby which are owned by believers who do not want to be required to violate their own beliefs.

There are no conflicts, at this point, about group one. A major case linked to group three has just been addressed by the high court. But did the so-called Hobby Lobby decision also settle the cases in that second category? That’s the question that many newsrooms managers need to be asking because, as I argued the other day, in journalism “all news is local.”

So, journalists in Chicago, I am looking at you. This Associated Press report can serve as a wake-up call:

WASHINGTON – The Obama administration said Wednesday that the Supreme Court’s ruling in favor of the religious claims of Hobby Lobby and other for-profit businesses supports the government’s position in separate, ongoing disputes with religious-oriented nonprofit organizations.

The administration urged the justices to deny a request from evangelical Wheaton College in Illinois that the government says would block its students and employees from free access to emergency contraceptives. The Justice Department said the Hobby Lobby decision essentially endorses the accommodation the administration already has made to faith-affiliated charities, hospitals and universities.

Wednesday’s court filing was the administration’s first legal response to the Supreme Court decision on Monday that allowed Oklahoma-based Hobby Lobby Inc. and other businesses to assert religious claims to avoid covering some or all contraceptives in employee health plans. Houses of worship and other religious institutions whose primary purpose is to spread the faith are exempt from the requirement to offer birth control.

The problem, of course, is that the Wheaton College community covenant document includes a clear statement that this voluntary association will:

… uphold chastity among the unmarried (1 Cor. 6:18) and the sanctity of marriage between a man and woman (Heb. 13:4). …

Must the college cooperate in offering its students and unmarried employees — in violation of its own doctrines — all FDA-approved forms of contraception, sterilizations and even “morning-after pills”?

As I noted the other day, there is more to this conflict than the mere signing of a piece of paper that says these services will, allegedly be funded by the health-care providers themselves, with the government’s guidance (as opposed to these providers simply raising health-care rates for the affected ministries). The groups in this second, doctrinally defined ministry category are, in effect, asking that the government allow their voluntary associations to defend their own teachings when dealing with members of their own communities. Wheaton, for example, doesn’t want the government to help students and employees violate the vows they have, of their own free will, taken when they signed on with the college. (Wheaton College is, of course, part of the Council for Christian Colleges and Universities, the global network in which I teach and the CCCU has backed the school’s stance.)

The Associated Press editors take all of that complexity and condense it — in a set of unattributed factual statements — to the precise language used in White House talking points:

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And the Baltimore Hobby Lobby angle is … the Little Sisters

All news is local.

That’s one of the first laws that journalists quote whenever we try to explain what is and what isn’t news to those outside the profession. In other words, when editors rank stories — deciding what goes on A1, for example — one of the main factors that they take into account is whether an event or trend hits close to home for their own readers. What’s the local angle?

With that in mind, it isn’t all that surprising that The Baltimore Sun was the rare newspaper that dedicated a rather sizable chunk of its Hobby Lobby decision story to the Little Sisters of the Poor and to religious liberty issues linked to Obamacare that, apparently, remain to be resolved.

Many newspapers forgot the Sisters altogether, but not the newspaper that lands in my front yard.

Why the stress on the status of doctrinally defined non-profit ministries that are still protesting the Health and Human Services mandate on a variety of contraceptive services? That’s easy to explain.

In a 5-4 ruling, the court’s conservatives found that the requirement for contraceptive coverage tied to Obama’s signature health care law ran afoul of a 1993 law expanding religious freedom. The decision, written by Justice Samuel A. Alito Jr., could have implications not only for secular companies but also religious organizations that are seeking a more complete exemption from the same requirement, including the Little Sisters of the Poor, a Catonsville-based Catholic charity.

In other words, (all together now): All news is local.

So what is the nature of the HHS mandate objections that remain for many religious ministries? Here is how the Sun took that on:

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Hobby Lobby in narrow win; Little Sisters of the Poor on deck

So why are the Little Sisters of the Poor at the top of this post as the tsunami of Hobby Lobby coverage continues? Hang on.

So far, the mainstream press coverage of today’s U.S. Supreme Court decision (.pdf here) has been rather good. In particular, there has been a shockingly low rate of scare quotes around terms such as “religious liberty” and “religious freedom,” almost certainly because this case — in the eyes of the 5-4 majority — pivoted on issues linked to the Religious Freedom Restoration Act, a major 1993 win for the old church-state liberalism of the past (RIP).

However, note the very interesting scare quotes in the following reaction statement from Archbishop Joseph E. Kurtz of Louisville, president of the U.S. Conference of Catholic Bishops, and Archbishop William E. Lori of Baltimore, chair of the bishops’ committee for Religious Liberty.

“We welcome the Supreme Court’s decision to recognize that Americans can continue to follow their faith when they run a family business. In this case, justice has prevailed, with the Court respecting the rights of the Green and Hahn families to continue to abide by their faith in how they seek their livelihood, without facing devastating fines. Now is the time to redouble our efforts to build a culture that fully respects religious freedom.

“The Court clearly did not decide whether the so-called ‘accommodation’ violates RFRA when applied to our charities, hospitals and schools, so many of which have challenged it as a burden on their religious exercise. We continue to hope that these great ministries of service, like the Little Sisters of the Poor and so many others, will prevail in their cases as well.”

The key word is, of course, “accommodation.” In other words, the court did not deal with the Little Sisters of the Poor and appears to have left a door open for the White House to ask Hobby Lobby and other family-owned corporations to settle for the same “accommodation” it has offered to doctrinally defined religious non-profits, ministries and schools. The basic idea is that religious believers will not have to pay for services that they believe are damnable and heretical because the government will ask their insurance providers to provide these services for free (without quietly raising the rates to cover the cost).

I think major news organizations did fine with Hobby Lobby details, in part, because it was seen primarily as an extension of the whole “corporations are people too” political battles of recent years. Thus, the family-owned corporations have religious liberty rights, while massive impersonal corporations (none of which have sought exemptions) have not.

What about the doctrinally defined non-profits, the second level of this church-state fight that many journalists tend to miss?

Remember that New York Times report in 2013 noting that the White House has “excluded many religious organizations from the law’s requirements”? As I wrote at the time:

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Pod people: Local vs. national press on religious liberty

Proposed religious liberty exemptions for wedding vendors — such as bakers, florists and photographers — opposed to same-sex marriage keep making headlines.

Here at GetReligion, we’ve highlighted recent media coverage of a ballot initiative in Oregon and legislation in Kansas (where the Senate, for now, has killed a controversial measure). The Tennessean reported this week on a similar bill failing in Tennessee.

Meanwhile, LifeWay Research released results of a national survey today. LifeWay’s Bob Smietana has the story:

NASHVILLE, Tenn. – Americans have always had mixed feelings about religious liberty. Most say it’s important, but they don’t always agree how much liberty is enough or too much.

That’s the issue at the heart of the upcoming Supreme Court hearings between Hobby Lobby and the Obama Administration over the HHS contraceptive mandate.

It’s a dispute that is unlikely to go away, no matter what the Supreme Court decides.

American preachers, it turns out, are more than a bit uneasy about religious liberty these days.

A survey from Nashville-based LifeWay Research found seven out of 10 senior pastors at Protestant churches say religious liberty is on the decline in America. About seven in 10 also say Christians have lost or are losing the culture war. The telephone survey of Protestant senior pastors was taken Sept. 4-19, 2013.

Of course, social media such as Twitter are the modern-day water cooler, and the religious liberty issue inspired an interesting discussion Wednesday between two of Religion News Service’s national correspondents: Sarah Pulliam Bailey (of former GetReligionista fame) and Cathy Grossman (who has blogged on the “values tug-of-war”).

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HHS ‘religious employer’ definition changed? (updated)

It would be hard to find a city in American that contains more historic Catholic ministries than Baltimore. Thus, there are quite a few people here in Charm City who are involved in the legal warfare over the Health and Human Services mandate requiring most religious institutions to offer their employees, and students, health-insurance plans covering sterilizations and all FDA-approved contraceptives, including “morning-after pills.”

In particular, the historic Baltimore suburb of Catonsville includes a group linked to a highly symbolic ministry caught up in this church-state fight. There is a good chance that, eventually, the U.S. Supreme Court could hear a case that literally would be called The Little Sisters of the Poor vs. Kathleen Sebelius.

The Baltimore Sun team has to cover this group, of course. Today’s tiny Christmas Eve Eve edition includes an A1 report that is surprisingly good — except on one of the most crucial facts linked to this case.

The key, of course, is the unique three-level approach to religious liberty that is being used by this White House. The Sun team knows that the Little Sisters of the Poor are caught in the middle, between the for-profit companies that are fighting the mandate (think Hobby Lobby) and the churches and strictly denominational organizations that have been granted conscience-clause exemptions.

To its credit, the story includes — in addition to logical pro-White House sources — this strong passage, with a logical voice of authority, on the viewpoint argued by the Sisters:

Although dozens of for-profit and nonprofit employers have filed lawsuits over the requirement, the Becket Fund says the Little Sisters’ lawsuit was the first of its kind because it could potentially affect hundreds of nonprofit Catholic ministries. Baltimore Archbishop William E. Lori said the Little Sisters’ service is “unmistakably a work of religion” and said the issue is one of religious liberty that could affect all religious people, not just Catholics.

“The government is drawing lines where the church does not draw them,” said Lori, chairman of the U.S. Conference of Catholic Bishops’ Ad Hoc Committee for Religious Liberty. “We see serving the poor, educating the young, healing the sick, as a natural outgrowth from what we believe and how we worship. And so we believe that all of these ministries should be exempt.” …

Planned Parenthood characterizes the law’s religious exemption as expansive and says it will allow 350,000 churches, religious schools and houses of worship to get out of the requirement. At issue in this Little Sisters of the Poor case is whether groups that don’t fall under that exemption should be counted as “religious employers.”

Like I said, this is a pretty good report and it did appear on A1. So what is the problem?

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CNN puts religious liberty in scare quotes, but corrects it

It was one of the most famous First Amendment cases in American history. As the American Civil Liberties Union website notes:

One of the most noted moments in the ACLU’s history occurred in 1978 when the ACLU defended a Nazi group that wanted to march through the Chicago suburb of Skokie, Illinois where many Holocaust survivors lived. The ACLU persuaded a federal court to strike down three ordinances that placed significant restrictions on the Nazis’ First Amendment right to march and express their views. The decision to take the case was a demonstration of the ACLU’s commitment to the principle that constitutional rights must apply to even the most unpopular groups if they’re going to be preserved for everyone.

Everyone knew that this was a First Amendment case testing the limits of free speech, both literal speech and free speech in the form of symbolic actions.

Some people thought that letting the Nazis march through Skokie was a valid application of the First Amendment. Others disagreed and thought that this case crossed a line and that the First Amendment didn’t apply.

But no one doubted that this was a free speech case that raised First Amendment issues.

No one tried to argue that this was actually a “free speech” case or a “First Amendment” case. There was no need for news-media “scare quotes” implying that the conflict didn’t really center on free speech and the First Amendment.

This brings me to an interesting lede in a CNN.com piece the other day. Here is the top of the story, as it first appeared on the Internat. See anything interesting?

Washington (CNN) – The high-stakes fight over implementing parts of the troubled health care reform law will move to the U.S. Supreme Court in coming months, in a dispute involving coverage for contraceptives and “religious liberty.”

The justices agreed … to review provisions in the Affordable Care Act requiring employers of a certain size to offer insurance coverage for birth control and other reproductive health services without a co-pay. At issue is whether private companies can refuse to do so on the claim it violates their religious beliefs.

Now, hours later the wording changed.

You got it. That scare-quote formula — “religious liberty” — changed to a plain, simple factual reference to religious liberty, minus the quotation marks.

Why mention this in conjunction with the famous Skokie case?

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