The Supreme Court of the United States

“Closing the courthouse door much of the way, but not completely, to workplace bias lawsuits by church employees who act as ministers to their denominations, the Supreme Court on Wednesday unanimously gave its blessing — for the first time — to a “ministerial exception” to federal, state and local laws against virtually all forms of discrimination on the job.  The Court’s ruling, which only Justice Clarence Thomas said did not go far enough, did not order courts to throw out all such lawsuits as beyond their jurisdiction, but it left them with only a narrow inquiry before the likely order of dismissal would come down.  As soon as the denomination makes its point that it counts an employee as a “minister,” within its internal definition, that is probably the end of the case.  And the employee could be anyone from the congregational leader, on down to any worker considered to be advancing the religious mission.”

In short, ministerial exception involves not only ministers, but any employee who is performing religious work within a faith group. This was plainly expressed in the concurring opinion of Justice Alito and Justice Kagan, who noted that many religions do not use the term “minister” and that “courts should focus on the function performed by persons who work for religious bodies.”

“The First Amendment protects the freedom of religious groups to engage in certain key religious activities, including the conducting of worship services and other religiousceremonies and rituals, as well as the critical process of communicating the faith.  Accordingly, religious groupsmust be free to choose the personnel who are essential tothe performance of these functions. The “ministerial” exception should be tailored to this purpose. It should apply to any “employee” who leads a religious organization, conducts worship services or important religious ceremonies or rituals, or serves as a messenger or teacher of its faith. If a religious group believes that the ability of such an employee to perform these key functions has been compromised, then the constitutional guarantee of religious freedom protects the group’s right to remove the employee from his or her position.”

This concurring opinion will no doubt be very welcome to a coalition of minority faiths, the Muslim-American Public Affairs Council, United Sikhs, Church of the Lukumi Babalu Aye, International Society for Krishna Consciousness, O Centro Beneficente Uniao Do Vegetal, and Templo Yoruba Omo Orisha, who filed an amicus brief in this case  warning that they were particularly susceptible to judicial encroachment, and that their faiths often categorize what might be seen as “secular” work within a sacred context.

“…many seemingly secular activities take on deep religious significance within specific faith traditions. For Sikhs, for example, operating a community kitchen and providing meals (langar) to the needy and vulnerable is an indispensible element of religious worship. For some temple-centric religions, the actual process of constructing a temple carries deep religious significance. Hindu temple architects and artisans follow ancient religious traditions in their work. For others, temple overseers may be tasked specifically to ensure that construction workers follow religion-based standards and refrain from profane acts that might desecrate the temple. For other religious organizations, meditation is a form of worship, distributing aid through prescribed means is an essential sacred ritual, and counseling and healing are acts inspired by deity. But because such religious functions – at least from the external view – may be indistinguishable from the same activities carried out for secular purposes, courts trying to parse the sacred from the profane jeopardize the ability of religious organizations to define and carry out their own sacred missions.”

The court agreed with this view, noting that the “amount of time an employee spends on particular activities is relevant in assessing that employee’s status, but that factor cannot be considered in isolation, without regard to the nature of the religious functions performed.” Justice Roberts went on to say that the lower court’s ruling “placed too much emphasis on Perich’s performance of secular duties.”

I don’t think it is hyperbole to say that this is a landmark ruling, enshrining the concept of ministerial exception in our highest court, and all but eliminating workplace discrimination suits if the plaintiff performs a significant religious role within an organization. That said, the court did stress that this doesn’t protect religious organizations from criminal investigation or other kinds of litigation, and should only be applied to the hiring and firing of “ministers”. How broad or narrow the understanding of “ministerial” duties will be is something that will no doubt be settled in the courts for years to come. For minority faiths, it seems to signal that the ministerial exception isn’t isolated to traditional minister-congregational models, and can be applied to any number of religious situations. What the ramifications might be for adherents to non-Christians models of worship and work remains to be seen.

You can read my original post regarding this story, here. For extensive links to documents and analysis of this case, do check out the information-packed SCOTUSblog.

Cardinal Donald Wuerl and Chief Justice John Roberts

“The core question before the Justices, in responding to the broad argument for an exception, is how to define the scope of duties of parochial school teachers like Cheryl Perich.   If the decision is that Ms. Perich was a minister, anti-bias laws cannot shield her in the workplace; if she was not, she is then like any other worker, protected against discrimination on the job.   In her case, the claim is that she was discriminated against because of her physical health problems and her insistence on her legal rights — in short, she was allegedly the victim of retaliation, in violation of the federal Americans with Disabilities Act.”

While all the expected big players in American religion, the United States Conference of Catholic Bishops, the National Council of Churches, and the National Association of Evangelicals, are backing the church, and a broad interpretation of ministerial exception, so too are a number of minority religions in the United States.

“Defending the school is a coalition of small and sometimes-obscure religious groups. They include the Muslim-American Public Affairs Council, United Sikhs, Church of the Lukumi Babalu Aye, International Society for Krishna Consciousness, O Centro Beneficente Uniao Do Vegetal and Templo Yoruba Omo Orisha.”

In their amicus brief, this coalition of minority religions say they are particularly susceptible to judicial encroachment, and that their faiths often categorize what might be seen as “secular” work within a sacred context.

“…many seemingly secular activities take on deep religious significance within specific faith traditions. For Sikhs, for example, operating a community kitchen and providing meals (langar) to the needy and vulnerable is an indispensible element of religious worship. For some temple-centric religions, the actual process of constructing a temple carries deep religious significance. Hindu temple architects and artisans follow ancient religious traditions in their work. For others, temple overseers may be tasked specifically to ensure that construction workers follow religion-based standards and refrain from profane acts that might desecrate the temple. For other religious organizations, meditation is a form of worship, distributing aid through prescribed means is an essential sacred ritual, and counseling and healing are acts inspired by deity. But because such religious functions – at least from the external view – may be indistinguishable from the same activities carried out for secular purposes, courts trying to parse the sacred from the profane jeopardize the ability of religious organizations to define and carry out their own sacred missions.”

Interestingly, the Unitarian Universalist Association, filing along with the ACLU and American United, takes a very different view of this case. In their opinion, a generous interpretation of the exception shields groups engaging in abusive or exploitative actions.

“The ministerial exception is designed to allow religious bodies to practice their religion and convey their message without government interference. But the exception thwarts society’s interest in ending discrimination—without serving the exception’s purpose—when applied to shield a religious entity from liability for discrimination or retaliation that is unrelated to religious ideology. As a result, in applying the ministerial exception, courts can and should use their considerable experience in determining whether sincere religious views animated a litigant’s conduct. And the Constitution provides no bar to this enterprise.”

It all comes down to viewpoint. For minority groups like Church of the Lukumi Babalu Aye or O Centro Beneficente Uniao Do Vegetal, who have both gone to the Supreme Court to protect their beliefs and practices, the less power the government has to pass judgment on their practices, the better. For the UUA, and the civil liberties groups who often represent minority faiths in court, it’s about accountability and justice.

“The American Civil Liberties Union and a coalition of religious-liberty groups filed a friend-of-the-court brief in the case, considered by many to be one of the most important religious liberty cases in years.  The brief argues that although churches certainly have a constitutional right to religious autonomy, that right is not absolute, and religious organizations do not have the right to discriminate based on non-religious grounds. Religious institutions should be given some leeway in hiring practices in order to express and practice their faith. For example, a Catholic church need not hire a female priest and an Orthodox Jewish congregation need not hire a female rabbi if doing so would violate their religious tenets. However, this ministerial exception should not apply to discriminatory decisions that have nothing to do with religious doctrine.”

So how will SCOTUS rule? Well, a good preview might be Sylvia Spencer v. World Vision Inc in which the 9th Circuit Court ruled that the religious non-profit organization could hire and fire workers based on religion. That decision was just denied certiorari, meaning they’re allowing the ruling to stand. Is it a harbinger? Will the six Catholic justices find themselves moved by their own church’s position on this case? SCOTUS will have to decide how far the First Amendment reaches, or as law professor Richard W. Garnett put it: “Does a government like ours, limited by a provision like our First Amendment, have the authority to second-guess a religious community’s decision — even a decision that seems wrongheaded or objectionable — about who should be its religious teacher, leader, or minister?” What do you think?

www.youtube.com/watch?v=wezp1W2HKlU

“For 50 years the UUA has conducted a virtually unprecedented experiment: advancing a religion without doctrine, hoping that welcoming communities and shared political causes, not creeds, will draw people to their pews. Leaders say its no-religious-questions-asked style positions the UUA to capitalize on liberalizing trends in American religion. But as the UUA turns 50 this year, some members argue that a “midlife” identity crisis is hampering outreach and hindering growth. In trying to be all things to everyone, they say, the association risks becoming nothing to anybody.”

Modern Pagans are a vibrant part of the modern UUA, and the article by Daniel Burke starts off the piece with a Pagan member of the First Unitarian Church of Baltimore leading a service.

“A recent Sunday service at the First Unitarian Church of Baltimore ended with an apology. Laurel Mendes explained that religious doctrine had been duly scrubbed from the hymns in the congregation’s Sunday program. But Mendes, a neo-pagan lay member who led the service, feared that a reference to God in “Once to Every Soul and Nation” might upset the humanists in the pews.”

While I’m pleased to see UU Pagans get noticed, I’m less happy with the fact that Burke seems to use this moment to underscore how far the UUA has drifted from its Christian roots. As for the future of the UUA, Burke cites an internal document from 2005 that says the denomination needs to create boundaries, to overcome its “reluctance to proclaim religious tenets.” Current UUA president Rev. Peter Morales sees “amazing opportunity” in the growing number of “nones,” people who don’t claim adherence to any particular faith, the “spiritual but not religious” demographic, but can outreach of this sort compensate for reports that the UUA is losing 85% of its children?

For many years the UUA has served as a haven and home for Pagans, especially in towns and cities that lack an established Pagan community. Many Pagans have fond feelings towards the UUA despite some institutional bumps in the road recently, with some prominent Pagans, like Margot Adler and Isaac Bonewits, having played significant roles within the Unitarian-Universalist sphere. But if those predicting the disappearance of the UUA are correct, if the next 50 years will see their slow fade-out from American life, then modern Pagans invested in the benefits of this denominational body will have to tackle the question of what the UUA provides us, whether we can replicate it independently of the UUA if need be, and what role groups like CUUPs and independent UU Pagans will play in the near future.

In Other News:

• Over at No Unsacred Place Cat Chapin-Bishop tackles the “smugness problem in the world of sustainable living.”
• PNC-Minnesota interviews author Crystal Blanton, as featured guest at this years Sacred Harvest Festival.
• A new website, Fighting For Pagan Civil Rights, has launched. Its primary goal at this time is to draw attention to Patrick McCollum’s ongoing legal battles over the rights of Pagan prisoners.
• An Australian spotlight on the practice of exorcism drags out the typical “widespread preoccupation with Satanism and various occult practices”, as a reason for possession.
• How do you spot a fraud guru? Some say it’s elementary!
• Making Texas Governor Rick Perry’s upcoming prayer event interfaith would be “would be idolatry of the worst sort.”

That’s all I have for now, have a great day!

UUA Japan Relief Fund: Those still looking for locally-focused and Pagan-friendly options in their donations towards aiding Japan in the wake of Friday’s devastating earthquake and tsunami, the Unitarian Universalist Association has set up a fund that sounds very promising.

“Following Friday’s devastating earthquake and resulting tsunamis, the UUA has been in contact with our religious partners in Japan to express our concern and our willingness to partner with them in recovery efforts.  Our partners, including Rissho Kosei-kai, Tsubaki Grand Shrine, the Konko Church of Izuo, the Tokyo Dojin Church, and the Japan Chapter of the International Association for Religious Freedom are all in discernment about the specific efforts they will be taking to support recovery work, and the UUA will walk with them in the directions that are ultimately chosen.  Please join with UUs throughout the United States by contributing to the UUA’s Japan Relief Fund which will support the work that our Japanese partners pursue.”

A partnership of UUA, Buddhist, Shinto, and Japanese religious freedom organizations would seem to help avoid the allegations and scandals that some international aid organizations are encountering, and work towards immediate and locally directed assistance. For more ways to stand with Japan during this time, see my previous post on the subject.

Call For Submissions: Sarah Thompson and Gina Pond from Circle of Cerridwen, who initiated the protest and discussion over the exclusion of transgendered women at a public women-only ritual during this year’s PantheaCon, are hoping to take the ongoing discussions on the issue of gender and transgender within our interlocking communities to the next level with the publication of an open-submission freely available book.

“The recent events surrounding Pantheacon 2011 and the internet-wide debate that followed it have raised awareness publicly of the issues surrounding gender and transgender in the wider Pagan community. This book will comprise a number of chapters, some invited and most by open submission, which will give all sides of the debate an opportunity to clearly state their positions. In a sense, the book will serve as a written equivalent of a talking-stick debate, whilst also making it possible to capture the sense of this historic time, as accurately as possible, in the words of the people involved. Though space is limited in the print version of the book, we hope to make all submitted papers that meet the submission criteria available for download on the web. The publication will be on a not-for-profit basis, with proceeds (if any) donated to a suitable charity/nonprofit (to be determined). Invited chapters are being solicited from as many key people as possible.”

Chapters from all sides in the ongoing discussions and debate are welcome, details can be found at the Circle of Cerridwen’s page devoted to this project. Chapter submissions for “Gender and Transgender in Modern Paganism” are due by June 21st. I’m glad to see attempts to move these discussions forward in a responsible manner, and hope that many of the more vocal contributors to the discussion at The Wild Hunt will look into writing a chapter for this new work.

New Religious Climate Study at Air Force Academy: Word has come that retired Air Force general Patrick K. Gamble will be conducting an “independent, subjective look at the overall climate at USAFA relating to free exercise of religion.” The Air Force Academy has long come under fire for instances of religious intolerance, favortism, and aggressive proslytization from an entrenched culture of conservative evangelical Christianity. Problems that Mikey Weinstein, founder and president of the Military Religious Freedom Foundation, says won’t be addressed in this new review.

“The problem at the school is not with any restriction on the free exercise of religion, but with unwanted proselytizing by fundamentalist Christians, a violation of the constitutional concept of the separation of church and state, he said. Gamble said he had not ruled out looking at the separation issue. He said his review team is still getting organized and its scope hasn’t been determined. “We’re going to take a blinders-off look, and nothing’s off the table, but nothing’s on the table, either,” he said.”

In recent years the Air Force Academy has tried to change its image as an aggressively Christian organization, and much was made in the press about their support for the installation of a Pagan worship area, though perhaps even more press was generated at the subsequent vandalism of said site. That circle was a response to a genuine need among Pagan cadets, one that has permeated all aspects of life there, and I can only hope that this nascent support for minority religions by the Air Force Academy can help counteract the larger culture of intolerance that many encounter.

That’s all I have for the moment, have a great day!

• Elysia Gallo at Llewellyn showcases the latest addition to the Pagan convention circuit, Paganicon, held on March 25th-27th in St. Louis Park, Minnesota. The guest of honor this inaugural year is John Michael Greer, Grand Archdruid of the Ancient Order of Druids in America.
• Over at The Revealer Jack Downy suffers through all 12 parts of the Christian anti-environmentalist opus “Resisting the Green Dragon,” where he learns that “Paganism, atheism, deep ecology, pantheism, panentheism (thought of as a sort of gateway drug for backsliding soon-to-be-environmentalist Christians), and animism are all interchangeable spiritual orientations.” For more on the “Green Dragon” see my posts here, and here.
• The Maetreum of Cybele responds to the recent New York Times profile of their multi-year battle with the Town of Catskill over religious property tax exemptions, noting that the town’s legal councel had indeed questioned the legitimacy of their religion despite protests to the contrary. For tips on how to help, see here.
• Jim Towey, former director of the White House Office of Faith-Based & Community Initiatives (now the Office of Faith-Based and Neighborhood Partnerships) during the George W. Bush era has been named president of the traditionalist-minded Ave Maria University, a culturally and theologically conservative private school founded by Tom Monaghan (of Domino’s Pizza fame). Towey was made (in)famous to modern Pagans for his 2003 comment that “fringe” religions like Paganism aren’t predisposed toward charity, and that he’d never encountered a Pagan group that cared for the poor.
• The Associated Press covers the Unitarian Universalist Association’s “National Standing on the Side of Love Day.” An event inspired by the 2008 shooting at Tennessee Valley Unitarian Universalist Church, an attack that was motivated by the hatred of liberal and Democratic policies. Events will be held this Sunday and Monday. FAQ for those interested in learning more or participating.
• M. Macha Nightmare remembers and honors former coven sister Bone Blossom (Ardath Elizabeth Saunders Stanford), a member of the Holy Terrors coven (along with Sophia Sparks and Cerridwen Fallingstar) and founder of Ouroborous Isis Gnosis coven, who crossed the veil two days ago.
• TheoFantastique Podcast, Vol. 2, no. 1 features a special emphasis on exorcism film “The Rite,” with contributions from Douglas Cowan (“Sacred Terror: Religion and Horror on the Silver Screen”), Paul Meehan (“Horror Noir: Where Cinema’s Dark Sisters Meet”), and Scott Poole (“Satan in America: The Devil We Know”). For more on “The Rite” and the priest who inspired it, see my post, here.
• British actor, mixed-martial-artist, and reality show contestant Alex Reid went to Stonehenge recently to “find peace and draw energy from the earth,” after a public breakup with wife Katie Price. Reid reportedly donned a “druid-style hood” for this process.
• Belgorod province in Russia is urging bans on Halloween and Valentine’s day as “measures to provide for spiritual security,” an effort blessed by the local Russian Orthodox Bishop. The Russian Orthodox Church has been getting increasingly political and heavy-handed in its efforts to control the religious destiny of Russia.
• Will drumming sessions help heal the vandalised Holy Thorn in Glastonbury?
• More testimony in the alleged Thelemic pedophile cult case.
• Can a Witch help the Cleveland Cavaliers win?
• Kali gets a credit card.

That’s it for now! Feel free to discuss any of these links in the comments, some of these I may expand into longer posts as needed.

“They have protested at Pagan events at the Fellowship. Repent Amarillo is apparently a very small organization whose members also use the name “Raven Ministries.” Their respective websites are fairly clear on their agenda, but their efforts have had the unintended effect of drawing positive attention to our Fellowship; many of our newer members and guests learned of the Amarillo Unitarian Universalist Fellowship due to Repent Amarillo’s well-publicized activities and website.

While we might keep a wary eye on Repent Amarillo, they have not prevented us in the least from growing and moving forward into an exciting future. We’ve discovered that plenty of folks in the Amarillo area are seeking a place to share a progressive, tolerant, and welcoming religious experience.”

So it looks like their intimidation tactics haven’t been as effective, and may actually be backfiring, in regards to the UU Fellowship and the Pagans who call it home. As Green points out, this doesn’t mean there is no threat, or that we shouldn’t be watchful, only that they haven’t found the same traction in attacking the religious “other” as they have with swingers and strippers.

Meanwhile, Rachel Tabachnick at Talk To Action examines Repent Amarillo’s origins and affiliations, and gives a history of the spiritual warfare technique known as “spiritual mapping” that these groups engage in.

“Repent Amarillo’s spiritual mapping and militant spiritual warfare tactics have drawn attention, but they are not much different than those being practiced by “prayer warriors” all over the country.  The spiritual mapping techniques are the same as those introduced by C. Peter Wagner and other New Apostolic Reformation (NAR) leaders.  Pastor Bohn actually appears to disagree with much of the NAR theology but, like many aggressive ministries, has adopted their unorthodox methods nevertheless.”

It’s an interesting essay, and Tabachnick is quick to warn us against complacency simply because groups like Repent Amarillo tend to be small and isolated, pointing out that these warfare groups are spreading quickly, and she predicts a rise in “spiritual” Christian vigilantism in the years to come.

“Personally, I think it’s offensive to worship rocks and trees,” Halferty said of Wicca, a religion based on ancient beliefs and a reverence for the Earth. “I am just trying to be moral. I don’t know how we can profess to be Christians and let this go on.”

What happens next is up to Halferty. If he refuses to obey the federal guidelines that specifically allow students to engage in projects like that altar table, he could be labeled “insubordinate” and brought before the school board for disciplinary action, turning himself into a would-be martyr for his faith. While anyone who understands law can see that Halferty is clearly in the wrong for his actions, I fear this is going to be held up as a case of “Christian persecution” by the usual suspects. I suppose we’ll find out on Monday.

The Not-So-Good News: Aseem Shukla, co-founder and board member of Hindu American Foundation, weighs in regarding On Faith’s panel question about the problem (if any) with proselytism overseas by U.S. religious groups. Shukla eloquently explains why there is a fundamental “asymmetric force of the proselytizer” due to the very different natures of pluralistic faiths (specifically referencing Dharma religions, Paganism, and Native religious traditions), and that proselytizers specifically target pluralistic traditions because they don’t offer the resistance that other Abrahamic faiths do.

“…there is the fact that the evangelical community can only “pick on” the pluralist societies. India, Nepal, Cambodia, Taiwan and much of Africa where indigenous traditions still hold sway, are among the targets today for the next “harvest.” The “Muslim world” rewards conversion away from Islam with death, and in China, Russia Burma and others, autocracy, the Orthodox Church or military junta proscribe missionary work.  And so, the very democracy and openness of pluralistic societies becomes their vulnerability–a poison pill as they face the onslaught of the proselytizers. Today, the Native Americans of the U.S. and Canada, the indigenous progeny of Latin America and Mexico, the Aborigines in Australia are silent witness to lost religions and decimated traditions that fell historically to earlier iterations of these onslaughts.”

HAF has been calling for adjustments in the language of the Universal Declaration of Human Rights that would explicitly protect pluralistic religions from aggressive and predatory proselytizing. I recommend reading all of Shukla’s editorial, and also checking out the response from Susan Brooks Thistlethwaite, who says that “proselytizing is an ever more dangerous religious idea”.

Should UUs Respect or Reverence the Earth? In a final note, Nancy Vedder-Shults at the Tikkun Daily Blog discusses the ongoing debate over revising the language of the Unitarian Universalist Association’s seven principles (an ongoing and oft-contentious process). In this instance, whether the seventh principle, “respect for the interdependent web of all existence of which we are a part”, should have “respect” changed to “reverence”. Vedder Shults, a Pagan UU, realizes that the idea of “reverence” for the earth may be uncomfortable for many of the UU Humanists and atheists, so she offers a third option.

Then our seventh principle would read: “we covenant to honor and uphold … our need to love and care for the interdependent web of all existence of which we are a part.”

Vedder Shults invites feedback at her blog, I’m sure my Pagan UU readers will want to chime in.

That’s all I have for now, have a great day!