The 3 - December 27, 2020

The final installment of The 3 for the year 2020 includes a group of Ohio Christian schools that were shut down by local health officials due to COVID-19.  Also, pro-life bills out of Arkansas were upheld by a panel of a federal appeals court, but a lower court judge stopped them on the same day they had taken effect. And, Big Tech is facing further pushback due to censorship concerns, and a major Christian broadcasters group is supporting Senate efforts to force accountability for social media platforms.

More COVID action against Christian schools

As we continue to follow the case of a Christian school in Kentucky that was temporarily closed due to the state's governor's COVID restrictions, a case turned back by the U.S. Supreme Court because schools in the state are due to reopen Jan. 4 when classes are scheduled to resume, there is a case out of Ohio involving a group of Christian schools threatened by coronavirus orders. 

ChristianHeadlines.com reports that...

...a group of Ohio-based Christian schools filed a lawsuit against the Toledo-Lucas County Health Department (TLCHD) after it ordered the schools to close their physical locations for six weeks in an effort to curb the spread of COVID-19.

According to CBN News, the Ohio Christian Education Network (OCEN) and three Christian Schools accuse the order of being unconstitutional. They added that the health department ignores medical data showing that schools are safe for children.

The head of the organization that operates the schools, Aaron Baer, said, "First Amendment freedoms don't go on a holiday break," adding, "The Lucas County Health Department has not only violated the religious liberty rights of Christian schools and students by denying them the right to provide religious instruction, but they've threatened the futures and mental health of Lucas County students." Baer added: "Despite all the medical evidence and experts that continue to say one of the safest places for children to be is in school, Lucas County has taken aggressive action to deny children the right to in-person education,” adding, “Meanwhile, they've let casinos, strip clubs, liquor stores, and concerts continue."

Federal appeals court allows pro-life laws in Arkansas to stand, only to be blocked again

A three-judge panel of U.S. Court of Appeals for the Eighth Circuit had allowed an assortment of  Arkansas laws with abortion-related provisions to stand. The Christian Post reported that the pro-life laws "ban dismemberment abortions, require doctors to inform law enforcement when a girl younger than 16 obtains an abortion, prohibit abortions based on the sex of the unborn baby, and regulate the preservation and disposal of unborn babies’ tissue."

The A.C.L.U. and Center for Reproductive Rights had challenged the provisions in court, and after a lower court ruling had disallowed the laws, the Eighth Circuit set aside the lower court decision.  The challengers had asked for a review by the full court, but that was turned back, paving the way for the provisions to take effect. 

The article says:

In a statement to the Arkansas Democrat-Gazette, Stephanie Sharp, a spokesperson for Arkansas Attorney General Leslie Rutledge, expressed support for the court ruling: “This is another win validating the pro-life laws in Arkansas.”

The Eighth Circuit’s ruling comes as Americans United for Life has recognized Arkansas as the most pro-life state in the Union. On Wednesday, the pro-life group released its “Life List 2021,” an “annual state ranking based on our comprehensive analysis of each state’s law and policy protections for human life from natural conception until natural death.”

“It is an incredible day in the state of Arkansas to be named the most pro-life state in America by Americans United for Life,” Rutledge said in response to the news.

And, the original federal judge who had put a halt to those laws before, on the same day, last Tuesday, the laws were supposed to take effect, blocked them again, according to the Democrat-Gazette.

Big Tech under fire

Accountability for Big Tech companies is the focus of a bill introduced recently into the U.S. Senate, according to the National Religious Broadcasters website, which says the bill, "the Promoting Responsibility Over Moderation In the Social Media Environment (PROMISE) Act," "is designed to hold Big Tech companies accountable for their promises to not operate their social media platforms with political bias..."

NRB supports the PROMISE Act, and CEO Troy Miller stated, "...We look forward to engaging these conversations in Congress and with the tech community as we seek to advocate for the free speech rights of our members."

In related news, President Trump has vetoed a defense authorization bill because it did not end Section 230 of the Communications Decency Act, which, according to CNBC, "protects tech giants such as Facebook and Twitter from being held legally liable for what is posted on their platforms."  The Senate and House will consider votes to override the Presidential veto this week, but one key senator, Lindsey Graham, in a Tweet posted in the CNBC article, said he would not vote to override as long as there is no action taken to reduce or eliminate Section 230. Graham has introduced legislation that would end Section 230 by the beginning of 2023.

The President termed the overall bill a "gift" to China and Russia.

The 3 - December 20, 2020

On this week's edition of The 3, there are new developments out of the U.S. Supreme Court regarding restrictions on religious organizations due to the coronavirus, with two ruling that are favorable toward houses of worship.  There has been another kidnapping by a terrorist organization in Nigeria. And, there is yet another pro-life action taken by the White House, this time regarding conscience protection. 

U.S. Supreme Court issues ruling supporting houses of worship

Early on in the COVID crisis, the U.S. Supreme Court seemed to have not been sympathetic to the concern of churches and ministries who challenged the restrictions placed upon them by seemingly overzealous state leaders.  Now the tide may have shifted.

The Christian Post reports that there were two decisions handed down by the high court recently. In one, the court, according to the article, the court "...issued an order in the case of Robinson v. Murphy vacating an order from Oct. 2 by a district court in New Jersey against a Catholic priest and a Jewish rabbi who sued the state over worship gathering restrictions."

In another, the court "...issued a separate order in the case of High Plains Harvest Church v. Polis, in which a Colorado church challenged the restrictions in that state." The court set aside an August order against the church, but Justice Kagan dissented because she felt the order was moot because Colorado has removed its restrictions on churches.

These orders took their cues from Roman Catholic Diocese of Brooklyn v. Cuomo, the 5-4 decision from just before Thanksgiving, "which centered on New York state restrictions on worship gatherings."

Apparently, this decision has had a ripple effect; KTLA Television reported that: "Los Angeles County health officials reversed a ban on indoor religious gatherings Saturday after the Supreme Court sided with a Southern California church in its challenge to state coronavirus rules."  Health officials said: “Places of worship are permitted to offer faith-based services both indoors and outdoors with mandatory physical distancing and face coverings over both the nose and mouth that must be worn at all times while on site..."

And, the 9th Circuit issued a ruling against Nevada governor Steve Sisolak, which, according to Alliance Defending Freedom, negated Sisolak's "coronavirus restrictions that treat churches more harshly than other venues, such as casinos."

Boko Haram in Nigeria abducts hundreds of students

The terrorist group Boko Haram, which is centered in the African nation of Nigeria, has become known for its brutal activities. WORLD Magazine reported on December 15 that:

More than 330 schoolboys went missing in Katsina state, Nigeria, after gunmen attacked their school on Friday night. On Tuesday, Boko Haram terrorists in an unverified audio message claimed responsibility for abducting hundreds of students, according to the Daily Nigerian.\

A spokesman for Nigeria's president said that officials are "negotiating" with the attackers. The article says that "Katsina Gov. Aminu Masari said security agencies 'deployed for rescue operations have also informed us that they have located their positions.'"  Boko Haram is the same organization that kidnapped 276 girls in Chibok, Nigeria in 2014.

Trump Administration issues order to protect freedom of conscience

Even though there continues to be uncertainty regarding the 2020 Presidential election; nevertheless, the Trump Administration has continued to reinforce its support for the sanctity of life.

At a "Life is Winning" event at the White House last week, which featured Vice President Mike Pence, it was announced that, according to the Susan B. Anthony List, that...

...the Trump administration unveiled steps that the U.S. Department of Health & Human Services and the U.S. Department of Justice are taking to enforce federal conscience protection laws, known as the Weldon and Church amendments, by holding California and Vermont officials accountable for anti-life discrimination.

So what happened in those two states?  The SBA List website says that:

Earlier this year, the U.S. Department of Health and Human Services (HHS) announced it would take action against California for violating the Weldon Amendment, longstanding federal law that prohibits discrimination against organizations that do not cover abortion in their health care plans.

In Vermont, "the Office for Civil Rights (OCR) at HHS announced it would take steps to bring University of Vermont Medical Center into compliance with federal law in the case of a nurse who was forced to assist in an elective abortion."

SBA List President Marjorie Dannenfelser said, in part, "Federal conscience laws are more essential than ever," adding that some "states have tried to force health care professionals and entities, like nurses and insurance providers, to participate in abortion. Abortion is not health care; it is the destruction of innocent human life."

The 3 - December 13, 2020

This week's edition of The 3, highlighting three stories of relevance to the Christian community, features news of a new breakaway denomination started by former members of the United Methodist Church.  Plus, one governor had harsh words for churches in announcing new COVID restrictions, while another governor deemed worship to be "essential."  And, a bill has been introduced into the U.S. House that would prevent biological males from competing in girls' or women's sports. 

Progressives from United Methodist Church decide not to wait on General Conference, form new denomination

It was set to go down this past spring, with delegates from the United Methodist church formally sealing an arrangement in which the traditionalists in the denomination, who uphold the Bible's teachings on homosexuality, would formally separate from those who would endorse same-sex marriage and the ordination of gay clergy.  But, COVID took care of that, and it seems that the deal will not be confirmed until perhaps Fall of 2021 in a rescheduled United Methodist General Assembly.

But, some of the more so-called "progressives" in the Church have decided they can no longer wait for these changes to occur, so the Progressive Methodist Connexion (with an "x") has been born. ReligionNews.com states:

The Liberation Methodist Connexion describes itself on its website as “a grassroots denomination of former, current, and non-Methodist faith leaders working on the unfolding of the kin-dom of God.”

The article says that Connexion, or LMX...

...seeks to embrace the “full participation of all who are living out their God-given identities and expressions,” according to the site. That includes people of all gender expressions and sexual identities, races and ethnicities, mental and physical abilities, sizes and ages.

Religion News also says that:

Correct doctrine is less important to the new denomination than correct action, collaborators said during Sunday’s presentation. That action includes reparations, caring for the earth, and finding new ways to live together outside of systems like colonialism, white supremacy, patriarchy, clericalism and heteronormativity, they said.

Churches and COVID roundup: Virginia governor critical of churches during COVID, Colorado governor acknowledges churches are essential, California officials levy large fine on San Jose church

When a state governor is announcing his intent to clamp down on churches exercising their religious freedom, the last thing you need is for that official to try to give you a sermon telling you why you're wrong.  Such is the case with Virginia Governor Ralph Northam, who stated, according to Family Research Council:

"This is a holy time for multiple faith traditions," Northam said at his press conference on Thursday. "But this year, we need to think about what is truly the most important thing. Is it the worship or the building? For me, God is wherever you are. You don't have to sit in the church pew for God to hear your prayers," Northam said. "Worship with a mask on is still worship. Worship outside or worship online is still worship."

But, as much as he might have liked to, Northam cannot slap churches with restrictions, based on a Supreme Court decision. Brietbart states:

Northam conceded that he could not legally limit in-person worship ceremonies, noting that the recent Supreme Court decision against the state of New York prevented him from doing that.

But he blamed churches for contributing to the spread of the virus, noting that some houses of worship were not social distancing or wearing masks.

“I have heard reports. They don’t use distancing inside the church. They are not wearing masks. Quite frankly we know that a lot of the spread is coming from this,” he said.

FRC questions that allegation, stating: "No one knows quite how Northam arrived at that conclusion since most of the contact tracing -- at least in overwhelmed cities like El Paso -- has led back to big box stores like Walmart or Costco. If anything, churches have been some of the safest indoor spaces, as pastors go to great lengths -- and expense -- to keep parishioners safe." It also reported on a situation out of California:

While Northam resorts to public pressure, other states are stubbornly slapping churches with outrageous citations. In San Jose, Calvary Christian Fellowship was hit with more than $55,000 fines for meeting indoors. Earlier this week, Pastor Mike McClure was found in contempt of court for exercising his congregation's First Amendment rights.

But there is good news: Liberty Counsel reports that: "Governor Jared Polis has finally dropped Colorado’s COVID unconstitutional limits on religious gatherings and declared that houses of worship are essential and removed attendance caps on worship effective Monday, December 7, at 5:00 PM MT." The statement is linked to the website of the Colorado Department of Public Health, that says:

Worship and ceremonies such as weddings and funerals are classified as essential. This means that they must do their best to follow public health recommendations but may exceed recommended capacity caps if they cannot conduct their essential activity within those restrictions. They still must require masks indoors and other prevention measures like 6 foot spacing between members of different households and appropriate sanitation. Outdoor activities are still strongly preferred.

Bill to ban biological males from participating in female sports in schools introduced into U.S. House

FoxNews.com reported that outgoing Democratic U.S. Representative Tulsi Gabbard of Hawaii and Republican colleague, Representative Markwayne Mullin of Oklahoma "...introduced a bill to Congress Thursday that would 'protect women’s sports' based on participants’ biological sex." The report went 
on to say that:

Title IX protects individuals from discrimination based on sex in educational programs or activities that receive federal funding.

Gabbard said the legislation does not discriminate against anyone, rather it “protects the rights of biological females competing in sports against having to compete against biological men who identify as female. It’s not a level playing field. And it’s mind-boggling how quickly people attack those whose positions are based on science and common sense.”

National Review states:

The bill follows a series of court cases and state laws over the past year concerning the issue of transgender women who wish to participate in women’s sports programs. In particular, three female Connecticut high school track athletes have sued the state’s education department to prevent biological males from competing in women’s track competitions.

That story notes that: "There have been attempts in several states to bar biological men from participating in women’s sports through legislation, including Idaho and Arizona. In August, a federal judge issued a temporary injunction on Idaho’s bill on the issue."

Gabbard, by the way, as FoxNews.com reported, "...also introduced a bill mandating care for babies who survive abortions."

The 3 - December 6, 2020

COVID and the courts is the general topic for two of this week's three stories in The 3, with the U.S. Supreme Court's decision from last week against the Governor of New York's restrictions being deemed unconstitutional now having implications in a case out of California.  Plus, Kentucky's governor is trying to force religious K-12 schools in the state to close due to COVID.  And, a Michigan funeral home has agreed to pay a quarter of a million dollars to the estate of a former transgender employee which it terminated.

Supreme Court gets involved in CA COVID restrictions

The recent decision by the U.S. Supreme Court to override restrictions on religious activity in New York state due to COVID has had implications in California, as Liberty Counsel reports that the high court has agreed to hear the case of two California churches; it also "vacated the lower court orders involving the emergency petition of the churches, and directed the district court to reconsider in light of the High Court’s decision in granting an injunction for churches and synagogues in New York."

The Christian legal organization announced on Friday that, "...Harvest Rock Church and Harvest International Ministry filed a renewed motion for temporary restraining order and preliminary injunction to the federal district court of California regarding Governor Gavin Newsom’s unconstitutional orders..." and pointed out that:

Though both the district court and the Ninth Circuit have previously denied the churches’ requests for a temporary restraining order and preliminary injunction, and for injunctions pending appeal, the Supreme Court has now vacated all of those previous denials and instructed this court to reconsider its previous rulings in light of the High Court’s decision on behalf of New York City synagogues and Roman Catholic churches in Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo.

The "Cuomo" referred to is New York Governor Andrew Cuomo, who was on the losing end of the Supreme Court's 5-4 decision, in which the Court, according to Liberty Counsel, "ruled that New York Governor Andrew Cuomo’s 'very severe' limitations on church attendance in the state’s COVID red and orange zones violate the First Amendment right to free exercise of religion and are not the least restrictive means of preventing infections.  The organization points out, "However, the restrictions against places of worship in California are more severe than those in New York. Governor Gavin Newsom’s orders ban ALL in-person worship for 99.1 percent of Californians."

KY governor attempts to close K-12 religious schools in the state

Meanwhile, the Governor of Kentucky, Andy Beshear, is attempting to shutter private religious schools it the state under his COVID regulations. First Liberty reports that Beshear had issued an "executive order prohibiting private religious schools from holding in-person classes for grades K-12."

The organization's website says that Senate Majority Leader Mitch McConnell, also of Kentucky, led 38 U.S. Senators who filed a friend-of-the-court brief with the U.S. Supreme Court "supporting an application urging the Justices to reverse a lower court ruling that upheld" the governor's order.

Here is the timeline of what has transpired in the case, from First Liberty's website on November 30:

On November 18, 2020, Governor Andrew Beshear ordered all “public and private elementary, middle, and high schools,” including religious schools, to cease in-person instruction, while allowing other activities with comparable health risks such as theaters, weddings, bowling alleys, and offices, to remain in-person with restrictions. Pre-schools, universities, and colleges are also permitted to hold in-person instruction. On November 25, the district court granted a preliminary injunction prohibiting the Governor “from enforcing the prohibition on in-person instruction with respect to any religious private school in Kentucky that adheres to applicable social distancing and hygiene guidelines.” Over the weekend, a panel of the Sixth Circuit stayed the district court’s injunction, allowing the Governor’s order to take effect.

Kentucky Attorney General Daniel Cameron, along with First Liberty, asked the high court to "vacate" the Sixth Circuit's action, supported by those 38 senators.

Funeral home in Michigan settles with estate of former transgender employee

The U.S. Supreme Court decision in what is known as the Bostock case, in which the justices issued a 6-3 ruling in favor of three transgender employees at three different companies who claimed they had been terminated because of their "sexual orientation," according to The Christian Post, has proven to be costly for one of the defendants, the R.G. and G.R. Harris Funeral Homes.

The Post reports that the funeral home company, which is located in Michigan, "has agreed to pay $250,000, as part of a legal settlement, to the estate of trans-identified individual that the company fired."  The article says that Harris had fired Anthony Stephens, a biological male who began to identify as "Aimee", "who began dressing as a woman and underwent gender transition to become Aimee. The funeral home had cited their religious objections to transgender ideology as justification for the termination."

The Christian Post stated, regarding the court case: "Justice Neil Gorsuch authored the majority opinion, concluding that Title VII of the Civil Rights Act of 1964 does apply to sexual orientation and gender identity, even though neither category is specifically mentioned by the law or that Congress had originally intended for that interpretation." Peter Sprigg of Family Research Council said, "We are disappointed the Supreme Court chose to radically re-write the statute by expanding its meaning to cover 'gender identity' and 'sexual orientation'..."