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Consideration journalists: Right here is a crucial theme that runs via First Modification conflicts concerning the freedom of believers to observe the tenets of their religion in actual life — at all times think about the ramifications of a brand new case on believers on the left, in addition to the suitable, on believers in minority faiths, in addition to these within the main world religions.
For a first-rate instance of this precept, see this week’s Julia Duin submit: “Christian net designer on the Supreme Court docket: How reporters lined 303 Inventive case.”
This leads me to a captivating headline the opposite day from the Las Vegas Assessment-Journal — “Pagan nurse information non secular discrimination lawsuit towards UMC.” Prepared for the plot twist? It is a pagan believer demanding the suitable to refuse a COVID-19 vaccination mandate.
As soon as once more, we face a typical religion-beat situation: Do journalists perceive primary info concerning the Non secular Freedom Restoration Act of 1993 and the large themes that courts discover in these sorts of First Modification instances?
We all know what this seems like with, let’s say, wedding-cake artists in Colorado. However to think about protection of the pagan nurse’s case, I would love readers to think about, as soon as once more, that mirror-image state of affairs that I created years in the past, and tweaked just lately:
… To illustrate that there’s a businessman in Indianapolis who runs a catering firm. He’s an brazenly homosexual Episcopalian and, on the coronary heart of his religion (and the religion articulated by his church) is a honest perception that homosexuality is a present of God and a pure a part of God’s good creation. This enterprise proprietor has lengthy served all kinds of shoppers, together with a close-by Pentecostal church that’s predominantly African-American.
Then, in the future, the leaders of this church ask him to cater a serious occasion — the upcoming regional convention of the Mother and father and Buddies of Ex-Gays & Gays. He declines, saying this could violate every thing he stands for as a liberal Christian. He notes that they’ve dozens of different catering choices of their metropolis and, whereas he has willingly served them prior to now, it’s his honest perception that it will be incorrect to take action on this particular case.
Now, about that Las Vegas story. Right here is the overture:
A Las Vegas nurse and self-described pagan has sued the hospital that fired her after it rejected her request for a non secular exemption to its COVID-19 vaccination requirement.
Labor and supply nurse Julia Kidd final week filed a federal lawsuit towards College Medical Heart alleging it had engaged in non secular discrimination. The lawsuit claims she was fired in retaliation for requesting the exemption and for searching for redress via the Nevada Equal Rights Fee.
Kidd, who’s 55, had been working at Clark County’s public hospital for 18 years when she requested a non secular exemption from its mandate that staff be vaccinated towards COVID-19. UMC denied her request, and when she continued to refuse to get vaccinated, fired her in January.
The nurse stated she is a practitioner of paganism, another nature-based faith. She described herself as a solitary practitioner whose non secular observe facilities on invocation and communing with nature.
It’s protected to say that, at this level, neopaganism is a loosely organized religion within the context of postmodern America. I’d not say that this nurse is concerned in some sort of for-profit rip-off. So, what does this story must say concerning the non secular heritage on the coronary heart of her protection?
Instantly, readers be taught:
She instructed the Assessment-Journal she follows the Wiccan Rede, an moral code that states, “If it hurt none, do what you’ll.” In an interview in January following her suspension, she stated she didn’t see how being unvaccinated harmed anybody if she wore a masks and private protecting tools (PPE) “to the nth diploma” whereas taking different precautions reminiscent of washing her palms. She additionally stated she was prepared to be examined every day for COVID-19.
The message she received from the hospital was that “we don’t assume that’s a sound perception, so it doesn’t matter,” she stated on Saturday. Kidd shouldn’t be against vaccinations normally however had qualms concerning the COVID-19 pictures as a result of they had been so new.
Whoa. Was that hospital message in writing, the one claiming that its management believes “we don’t assume that’s a sound perception, so it doesn’t matter.” That’s a dynamite assertion and it will be vital to confirm that that is the hospital’s authorized opinion on the matter.
The story merely says: “UMC consultant Scott Kerbs stated … the hospital doesn’t touch upon pending litigation.”
What else does this story say concerning the faith points concerned on this case? Here’s a meaty chunk of fabric:
Kidd stated she knew of a former co-worker, a Christian, who had obtained a non secular exemption after submitting a letter of rationalization she wrote together with her pastor.
Federal steering on whether or not to grant an exemption hinges on whether or not the worker has a “sincerely held non secular perception” that prohibits vaccination.
Not qualifying as non secular beliefs are objections “based mostly on social, political, or private preferences, or on nonreligious issues concerning the attainable results of the vaccine,” in accordance with the U.S. Equal Rights Fee.
Labor and employment legal professional Mark Abbott, who shouldn’t be concerned in Kidd’s case, has discovered that employers could also be doubtful of requests for lodging based mostly on nontraditional non secular beliefs with which they’re unfamiliar.
An employer must tread very fastidiously when an worker’s non secular perception is out of the norm, “even in case you don’t perceive it and also you won’t agree with it,” stated Abbott, managing associate of legislation agency Kamer Zucker Abbott.
What else are readers instructed about Kidd’s religion and the group during which she worships?
Nothing, principally.
That’s vital if her employers really assume that she is performing on her “private preferences,” versus doctrines and traditions shared — for years or many years — with a religion group of comparable believers.
In different phrases, journalists must ask the pagan nurse questions concerning the doctrines and observe that outline her religion, since that’s the core of her protection on this case.
That is, in different phrases, a faith story. It’s vital to ask faith questions which might be linked to core RFRA protection rules — for Catholics, Jews, evangelicals, liberal Protestants and, sure, pagan nurses.
This case is vital and info matter — particularly in conflicts between church (or coven) and state.
FIRST IMAGE: Illustration from a “Mark of the Beast meets Vaccine Passports” evaluation on the Virility Initiatives web site.
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