Archives For Neil Gorsuch

Fully staffed Court poised to rule on religious liberty issues

Christians and other conservatives hoped the U.S. Senate’s confirmation of 49-year-old Neil Gorsuch to the Supreme Court in April would tilt the court toward a favorable view of religious liberty concerns. As a U.S. Court of Appeals judge, Gorsuch’s rulings supported Hobby Lobby and other organizations that opposed—based on their religious convictions—healthcare legislation requiring their employee plans to cover abortions and abortion-inducing drugs.

So far, Gorsuch’s previous rulings have extended to his time on the High Court. In June, he was part of 7-2 ruling that found Christian schools should have the opportunity to be awarded government grants for playground upgrades. And this year, the court has agreed to hear the case of Jack Phillips, the Colorado cake artist who refused to design a wedding cake for a same-sex wedding celebration.

In 2017, other cases related to religious liberty played out elsewhere in the judicial system:

On Oct. 6, the Department of Health and Human Services issued new rules to provide relief from the requirement that employers provide their workers with coverage for contraceptives, including those that can potentially induce abortions. But a Dec. 15 ruling by a federal court in Philadelphia blocked enforcement of the new rules.

And late last year, the Oregon Court of Appeals ruled that the state did not violate the First Amendment rights of Aaron and Melissa Klein, who were fined $135,000 in 2015 for refusing to design and bake a cake for a lesbian couple’s commitment ceremony. The three-judge panel upheld a decision by the Oregon Bureau of Labor and Industries that found the Kleins’ refusal was based on unlawful discrimination against homosexuals.

While Gorsuch’s presence on the Supreme Court was a victory for religious freedom advocates, mixed results from other courts could indicate a contentious year ahead, and new territory for the church to navigate.

– With reporting from Baptist Press

Some events from last year offer insight on issues facing evangelicals and church leaders

If evangelicalism is having an identity crisis, as some religious and cultural observers posit, the issue is whether “evangelical” means a person’s theological beliefs and practice, or is it adherence to a conservative political movement. It has at times meant both, and at points in 2017 we saw the movement struggling with itself over which is “the main thing.”

In this short collection of news stories from last year, we see how evangelicals balanced belief and practice. We witnessed the thumb-wrestling of “Big-E Evangelicalism,” inheritors of the socially conservative political force Moral Majority and keepers of its dwindling flame, and “little-e evangelicalism,” the smaller group who are not merely self-identified evangelicals, but whose core-group of beliefs about Scripture, Jesus, and their relationship to him directly affect their behaviors and drive their moral decision-making.

Donald Trump would not be president without evangelicals, more specifically Big-E Evangelicals, and the presence of some in his administration serves as a reminder of that. There is a group of cabinet leaders and others who meet weekly for Bible study. Spokeswoman (and preacher’s daughter) Sarah Huckabee Sanders is possibly the most visible Evangelical in the White House through her daily televised press briefings.

Trump’s appointment of Neil Gorsuch to the U.S. Supreme Court as a hoped-for advocate for religious freedoms was hailed by church leaders. And Southern Baptists were present on several occasions in 2017 when President Trump signed legislation affecting religious liberty.

But the December loss of a U.S. Senate seat by Republican Judge Roy Moore, Alabama’s Ten Commandments champion, to a pro-abortion Democrat has caused some pundits to wonder if the Big-E political/Republican alliance has weakened, and what that might mean for President Trump in the future. Given the special circumstances in that Senate race, moral accusations against Moore, another conclusion is that the biblical beliefs of little-e evangelicals trumped the Big-E political machine in the privacy of the voting booth.

Similarly, a Democrat easily won the governor’s race in Virginia, whose considerable Evangelical population had previously supported a string of GOP governors. Conservative analyst Stephen Mansfield wrote in a new book that the loss can be attributed partly to the disaffection of evangelicals.

“The young, probably in reaction to Trump and to some of the machinations on the Right, went strongly for the Democrat. I think that is an indication of future trends,” Mansfield said in an interview. “It will probably settle down, but I think that the social consciences of the young are raising some important questions.”

But can those assumptions be applied to the President himself, who a year ago got 81% of the white, evangelical vote? “He’s had about a 10-15% drop-off in support from the evangelical community since taking office,” Mansfield summarized. “So while there may be a sort of exaggerated self-reporting around the time when an evangelical casts a vote, there is some indication that there was never really that depth of devotion. I don’t think their support was ever very deep, and it seems to be weakening quickly.”

One conclusion is that little-e evangelicalism—personal, biblical belief and practice—is being separated from its Big-E political counterpart in this generation.

“Many have analyzed the weaknesses of the current iteration of this movement,” writes conservative Presbyterian pastor Tim Keller. “The desire by mid-twentieth-century leaders to foster more widespread cooperation between evangelicals and downplay denominational differences cut believers off from the past, some religion scholars have found…. This has made present-day evangelicals more vulnerable to political movements that appeal to their self-interest, even in contradiction to biblical teachings, for example, about welcoming the immigrant and lifting up the poor. However, evangelicalism is much more resilient than any one form of itself. The newer forms that are emerging are more concerned with theological and historic roots, and are more resistant to modern individualism than older, white Evangelicalism.”

Issues in Illinois
Governor’s race: Evangelicals disappointed by Gov. Rauner’s support for HB 40, which allows state-funding of abortions involving state employees and aid recipients, will be looking for a gubernatorial candidate to support in 2018.

Pro-life advocate Jeanne Ives of Wheaton said she would run against Rauner in part because of his signature allowing the abortion legislation. Ives handily won a January straw poll against Rauner among Chicago-area Republican leaders, but she faces an uphill climb against the well-funded incumbent. Seven Democrats are on the March 20 ballot with J.B. Pritzker the apparent leader.

The general election is in November.

Social issues: After successfully moving legalization of same-sex marriage through the Illinois General Assembly, State Senator Heather Steans and some other representatives are preparing to introduce legislation to legalize marijuana use in Illinois. Steans is using economic growth as an argument for legalization, citing a prediction that 250,000 jobs will be created in the “cannabis industry” by 2020. “As many of you may have heard, U.S. Attorney General Jeff Sessions announced last week that he was rescinding an Obama-era policy that discouraged U.S. attorneys from prosecuting operations in states that legalized marijuana,” Steans wrote to supporters. “This change will not diminish our efforts to legalize adult-use cannabis in Illinois.”

A public hearing is scheduled for late January.

Gorsuch-C-Span_screen_grab

Cutline: Senate confirms Neil Gorsuch to Supreme Court after rules change in a 54-45 vote April 7.
Screen capture from C-Span

Judge Neil Gorsuch was confirmed Friday, April 7, by the U.S. Senate as the next justice of the Supreme Court. Gorsuch, 49, is known to be an advocate of religious freedom, as evidenced by his support for Hobby Lobby and other organizations that opposed—based on their religious convictions—healthcare legislation requiring their employee plans to cover abortions and abortion-inducing drugs.

Gorsuch currently serves on the U.S. Court of Appeals for the 10th Circuit. He will be sworn in to the high court on Monday, April 10, replacing Justice Antonin Scalia, who died in 2016 after 20 years on the Court. Last year, former President Barack Obama nominated Judge Merrick Garland to succeed Scalia, but the Republican-majority Senate refused to hold a hearing on the nomination.

President Donald Trump nominated Gorsuch in February, garnering praise from many Christian leaders, including Albert Mohler, president of The Southern Baptist Theological Seminary in Louisville, Ky.

“Make no mistake; this is a very important nomination,” Mohler said on a February episode of his podcast, “The Briefing.” “And for those of us who are looking for a particular way of looking at the Constitution that is in keeping with Justice Scalia’s tradition, and for those of us who care about the sanctity and dignity of human life, we have to understand this win in terms of the nomination is absolutely monumental…”

Gorsuch’s confirmation by the Senate came after Republicans invoked the “nuclear option,” changing the rules for filibustering of a Supreme Court candidate so that only a simple majority was needed to proceed with the nomination. His confirmation passed by a 55-45 vote.

“The confirmation of Judge Neil Gorsuch to the Supreme Court is good news,” said Ethics and Religious Liberty President Russell Moore. “I am confident he will protect the Bill of Rights, especially our First Freedom of religious liberty. Judge Gorsuch’s judicial record, statements in confirmation hearings and his reputation for brilliance and integrity all commend him to sit on the nation’s highest court. I pray that he will serve for decades with principled commitment to the Founders’ vision of natural rights and ordered liberty.”

Gorsuch’s confirmation came after Senate Republicans invoked the “nuclear option,” changing the rules for filibustering of a Supreme Court candidate so that only a simple majority was needed to proceed with the nomination.

As the Court’s newest justice, Gorsuch will soon hear another religious liberty case, this one dealing with a Missouri preschool fighting for their right to take part in a government funding program. Trinity Lutheran Church of Columbia, Inc., sued the state after being denied participation in a grant program that helps non-profit organizations provide safer recreational space for kids, Fox News reported. The preschool applied for the funding in order to be able to replace its gravel playground surface with recycled rubber.

Many are calling the case, scheduled to be heard April 19, the biggest case of this Court session.

After Gorsuch’s confirmation, FoxNews.com released a list of five cases he’ll hear in his first month. In addition to the Missouri case, Gorsuch will weigh in on:

Weaver v. Massachusetts and Davila v. Davis
Both concern the Sixth Amendment and a defendant’s rights. After Kentel Weaver, then 16, killed a 15-year-old boy, the public and his family were locked out of court proceedings while a jury was selected. Weaver’s legal team did not object, which his current team says constitutes inadequate representation and a violation of his Sixth Amendment rights.

In the second case, lawyers for death-row inmate Erick Davila, who was convicted of killing a 5-year-old girl and her grandmother in a 2008 drive-by shooting, received ineffective counsel during his trial.

Maslenjak vs. U.S.
After it was discovered she made false statements about why she and her family came to the U.S., Bosnian refugee Divna Maslenjak was stripped of her U.S. citizenship—even though her statements were found to be immaterial to the decision to grant her citizenship.

California Public Employees’ Retirement System v. ANZ Securities, Inc.
The case deals with whether the California Public Employees’ Retirement System’s class action lawsuit concerning the 2008 collapse of Lehman Brothers should have been barred because it was ruled to have been filed too late.

The BriefingSB 912 raises religious liberty concerns for Illinois clergy
A bill working its way through the Illinois Senate that proposes mandatory training for clergy to recognize signs of child abuse is causing concern among religious liberty advocates. An amendment added to SB 912 Abused Child-Reporter Training, which specifically targets clergy is the cause for concern.

Moore, ERLC trustees issue ‘Seeking Unity’ statement
An extended statement, “Seeking Unity in the Southern Baptist Convention,” has been issued by Russell Moore and the executive committee of the Ethics & Religious Liberty Commission. Moore, in a 1,691-word portion of the March 20 statement, clarified criticism he had leveled at Christians who supported Donald Trump for president in the November 2016 election.

Divide over Gorsuch on display
The Senate Judiciary Committee began the latest hearings in what has been an often stridently contentious process for the last three decades with a day of opening statements — first from the 20 members of the panel, then from the nominee. Sixty national and state pro-life organizations weighed in on Gorsuch, urging senators in a letter to confirm him. The pro-life leaders cited his “keen understanding and respect” for religious freedom.

Coming solar eclipse: Act of God?
On Monday, Aug. 21, in the middle of the day, the sky will go dark. The temperature will suddenly get several degrees colder. The total solar eclipse that will cross America— an event that last happened 99 years ago — will be an important moment for scientific observers and a massive nationwide spectator event. It will also, for many people of faith, be evidence of God’s majesty — and even, to a few, a harbinger of the coming end of the world.

Christians respond to “Benedict Option”
More than a dozen Christian thinkers recently shared their thoughts on Rod Dreher’s “Benedict Option.” The Benedict Option is essentially responding to western cultural change by pulling away from the culture building up the local church, creating counter-cultural schools based on the classical tradition, rebuilding family life, thickening communal bonds, and developing survival strategies for doctors, teachers, and others on the front lines of persecution.

Sources: Ilga.gov, Baptist Press (2), Washington Post, Breakpoint

supreme-court-buildingImmediately following the election, Pew Research found 81% of white evangelicals said they for voted for Donald Trump. Many have said they did so because, with one vacancy on the U.S. Supreme Court and the potential for others, they believed Trump would choose conservative nominees who would reflect their values. In naming Neil Gorsuch to replace the late Justice Antonin Scalia, President Trump did exactly that.

Following the Gorsuch announcement, Southern Baptist culture watcher Ed Stetzer recalled that Pew poll and wrote on his blog at Christianity Today, “Evangelical Trump voters made a choice and many of them saw today, with the nomination of Neil Gorsuch, that their choice was validated. They voted for the sanctity of life and for religious liberty.” Stetzer is the former head LifeWay Research who now leads the Billy Graham Center at Wheaton College.

Gorsuch, a 49-year-old Episcopalian from Denver, Colorado, appointed by President George W. Bush to the U.S. Court of Appeals for the Tenth Circuit in 2006. His mother, Anne Gorsuch Burford, was appointed by President Ronald Reagan as the first woman to head the Environmental Protection Agency.

Gorsuch is a proponent of originalism. According to the Washington Post court reporter, Robert Barnes, this means “judges should attempt to interpret the words of the Constitution as they were understood at the time they were written — and a textualist who considers only the words of the law being reviewed, not legislators’ intent or the consequences of the decision.”

In a Jan. 27 interview with CBN, Trump said, “I think evangelicals, Christians will love my pick. And will be represented very fairly.” Gorsuch was the judge who had sided with Christian employers and religious organizations in the Burwell vs. Hobby Lobby and the Little Sisters of the Poor Supreme Court cases. Suits were filed because the Affordable Care Act had imposed rules requiring them to violate their religious beliefs and provide abortion causing contraceptives to employees.

After the announcement, Southern Seminary President Albert Mohler expressed thanks for Trump and supporting the nomination: “Judge Gorsuch is committed to textualism and will uphold the Constitution of the United States. His academic credentials are impeccable and his experience as a clerk for two Supreme Court justices and his own distinguished tenure as an appeals court judge qualify him for this nomination without question.”

Russell Moore, President of the SBC’S Ethics and Religious Liberty Commission (ERLC) released a similar statement, calling Gorsuch, “an exceptional choice for Supreme Court justice. He is a brilliant and articulate defender of Constitutional originalism in the mold of the man he will replace: Justice Antonin Scalia.…I heartily support President Trump’s excellent appointment.”

The Gorsuch nomination follows several others of interest to evangelicals. Former SBC president Ronnie Floyd, who attended the National Prayer Breakfast in Washington Feb. 2., pointed out other Trump nominees whom he called “followers of Christ”: Education Secretary nominee Betsy Devos, Sonny Perdue for agriculture secretary, Rick Perry for Energy Department head, Tom Price to head Health and Human Services, Scott Pruitt to lead the Environmental Protection Agency, and Jeff Sessions as Attorney General.

–with info from Pew Research, ChristianityToday.com, and the Washington Post