The Weekly is a rundown of news by the Ethics and Religious Liberty Commission highlighting the week’s top news stories from the public square and providing commentary on the big issues of our day.

Federal Courts Deliver a Win and a Loss for Religious Liberty

Two recent court rulings on cases involving Catholic organizations have resulted in a victory and a setback for religious liberty.

A U.S. District Court ruled last Friday that the city of Philadelphia did not violate the religious liberties of Catholic Social Services (CSS) when it suspended its contract with the agency for foster care services. CSS had asked for a restraining order against the city’s Department of Human Services (DHS), and told the court that the requirement to provide home assessments for same-sex couples wishing to provide foster care would amount to Church approval of LGBT relationships.

“A home study is essentially a validation of the relationships in that home,” testified James Amato, the head of CSS’s foster care program. “And in this case that relationship is not one that is acceptable in terms of church teaching. . . . Catholic teaching indicates children are best raised in a home with a husband and wife.”

The court denied the request and said the DHS had a legitimate interest in ensuring “that the pool of foster parents and resource caregivers is as diverse and broad as the children in need of foster parents.”  

Catholic Charities affiliates in the city may be forced to shut down, as they did in Illinois, rather than violate their beliefs by comply with the requirements. 

On the same day, though, the federal courts also delivered a win for religious freedom.

The U.S. Court of Appeals for the Fifth Circuit protected religious leaders from intrusive government burdens on internal church affairs in the case of Whole Woman’s Health v. Texas Catholic Conference of Bishops. The case involves a group that runs abortion facilities who sued the State of Texas to challenge a law that requires abortion facilities to bury or cremate aborted human remains rather than send them to a landfill or flush them into the sewer system.

According to Becket Law, the nonprofit firm that represents the Catholic bishops, Whole Women’s Health retaliated by serving the bishops with a subpoena demanding access to decades’ worth of their communications regarding the topic of abortion, including internal communications regarding moral and theological deliberations among the bishops. 

The bishops provided over 4,000 pages of communications with outside individuals, says Becket, but are standing their ground when it comes to private religious deliberations among the bishops. Whole Woman’s Health pressed the issue, though, and the trial court issued an order for the bishops to hand over the documents within 24 hours.

The bishops appealed to the Fifth Circuit asking for protection, and the court responded by permanently blocking the subpoena requiring the clergy members to turn over their internal emails.

In writing the opinion for the court Judge Edith Jones said, “That internal communications are to be revealed not only interferes with TCCB’s decision-making processes on a matter of intense doctrinal concern but also exposes those processes to an opponent and will induce similar ongoing intrusions against religious bodies' self-government.” In a concurring opinion, Judge James Ho added, “It is hard to imagine a better example of how far we have strayed from the text and original understanding of the Constitution than this case.”

Commenting on the ruling, ERLC president Russell Moore said:

“I join all advocates of religious freedom in celebrating the 5th Circuit’s decision in favor of the Texas Catholic Conference of Bishops. The court’s ruling, which affirms religious liberty, as well as the sanctity of human life, is a victory for all Americans. Churches and religious organizations shouldn’t be forced to disclose private information that could sabotage their ability to protect human dignity and engage in the public square. I am thankful the court acknowledged this in their decision. I pray that religious organizations, like the Bishops, will continue to stand firm in their convictions as we work to ensure the state respects their constitutional rights.”

This week on ERLC podcasts: Daniel Darling talks to Brandon Smith about how the Old Testament applies today. On the Capitol Conversations podcast, Matt Hawkins and Travis Wussow talk to the Rev. Dr. Andrew Bennett, former Canadian Ambassador for International Religious Freedom. On the Countermoves podcast, Andrew Walker talks with ethicist Evan Lenow about the use of contraception and its implications for Christian ethics 50 years after Humanae Vitae. And on the ERLC podcast, Collin Hansen, Christina Edmondson, Justin Giboney, Juan Sanchez, and Benjamin Watson discuss the state of racial tension in America.

Other Issue

American Culture

Rebooting the Ethical Soldier
New York Times

In the coming age of high-tech warfare, the old rules of conflict will not apply.

Bioethics

State abortion ballots prepare for post-Roe world
Politico

Anti-abortion initiatives on the ballot in West Virginia and Alabama this November could lay the foundation for the states to ban or sharply limit legal abortion as change comes to the Supreme Court. Both ballot measures were in the works before President Donald Trump nominated conservative Judge Brett Kavanaugh to replace the more moderate Justice Anthony Kennedy on the high court.  

A third of U.S. adults say they have used fertility treatments or know someone who has
Pew Research Center

Forty years after the birth of the first baby conceived via in vitro fertilization, 33% of Americans say they or someone they know has undergone fertility treatment.

The Jewish Position On Abortion Isn’t What You Think It Is
Public Discourse

Contrary to popular belief, Judaism is pro-life. While as many as 76 percent of American Jews are pro-choice, their position does not represent Jewish law and tradition. Judaism disseminated the idea that God has a covenantal relationship with all of His children and, therefore, regards their wanton destruction as an abomination rather than a matter of individual choice.  

Christianity and Culture

House votes to prevent IRS from punishing churches engaging in politics
Politico

The House voted Thursday to make it harder for the government to punish churches that get involved in politics. In a 217-199 vote, lawmakers approved legislation barring the IRS from revoking the tax-exempt status of churches that back political candidates, unless it is specifically approved by the commissioner of the agency.  u

International Issues

Turkey Keeps American Pastor Behind Bars—At Least for Three More Months
Christianity Today

Andrew Brunson has spent most of the last two years in prison based on wild—or absent—accusations. After nearly two years in a Turkish prison, hopes for the release of American pastor Andrew Brunson have been deferred. A Turkish court ordered 50-year-old pastor to remain bars until at least his next hearing on October 12. 

Religious Liberty

These 6 Cases Show How Brett Kavanaugh Might Rule on Religious Freedom
The Daily Signal

While serving on the U.S. Circuit Court of Appeals in Washington, D.C., Judge Brett Kavanaugh heard cases touching on religious liberty that could indicate how he could rule on such issues that go before the high court if he’s confirmed. Kavanaugh also advocated on behalf of religious freedom while in private law practice. 

Church Tax Audit Limits Do Not Apply to Investigation of Pastors
Religion Clause

In Rowe v. United States, (ED LA, May 16, 2018), a Louisiana federal district court held that the special protections of the Church Audit Procedure Act only applies to investigations into a church's tax liability. It does not apply to summonses to banks to supply church financial records in connection with an inquiry into the tax liability of the church's pastors.  

Zoning restriction stymies church's expanded ministry
Baptist Press

A Maryland church files suit over a city zoning restriction thwarting the use of their storefront building for worship in a case reflecting land-use battles common between congregations and governments.

Sexuality Issues

Sex traffickers routinely exploit prison system to recruit vulnerable women into sex work
The Week

Prisons in the U.S. are often used as recruiting grounds for sex traffickers, an investigation by The Guardian found Friday. Traffickers and pimps target incarcerated women by posting their bail, making the women indebted to them, or by financially supporting them through their time in prison, often creating an obligation of loyalty.