Court hears arguments on damages for RFRA violations

The U.S. Supreme Court heard arguments Oct. 6 that people whose rights under the Religious Freedom Restoration Act have been violated should have access to the same legal remedies—including monetary damages—as those protected under other federal civil rights laws.

The case before the court, Tanzin v. Tanvir, deals with whether three American Muslims can seek damages from two dozen government agents.

The men—Muhammad Tanvir, Jameel Algibhah and Naveed Shinwari—alleged the FBI placed them on the No Fly List because they refused to serve as informants and spy on fellow Muslims, which would violate their faith.

The men eventually were removed from the No Fly List, but Tanvir asserted he had to quit his job as a truck driver because he could not fly home after making long-distance one-way deliveries. For an extended time, he also was unable to visit his ailing mother in Pakistan.

Meaning of ‘appropriate relief’ debated

Specifically, the case focuses on a statutory question regarding what remedies are available as “appropriate relief against a government” under RFRA. The 2nd U.S. Circuit Court of Appeals held “appropriate relief” can include monetary damages.

The federal government—defending the FBI agents—argued RFRA does not allow for monetary damages and permitting it would open the floodgates to lawsuits against government officials.

“‘Appropriate relief’ for civil-liberties violations has always included damages against officers, and RFRA is no exception,” according to a friend-of-the-court brief filed by the Baptist Joint Committee for Religious Liberty.

The BJC, along with the Christian Legal Society and others, filed the brief arguing RFRA always was intended to allow for monetary damages.

Holly Hollman

“The Religious Freedom Restoration Act, like other civil rights laws, is intended to hold government accountable for the protection of fundamental rights,” said BJC General Counsel Holly Hollman.

“In most cases where a violation is proven, the remedy will be for the government to reverse course. In some cases, however, monetary damages against individual government actors are appropriate and should be available to address the harm of a violation.

“We joined a brief with the Christian Legal Society and experts in religious liberty and remedies law that focuses solely on the statutory question in this case. The Supreme Court should affirm that RFRA was always intended to allow for damages under the same principles that are followed elsewhere in federal law protecting important civil rights.”

Brief explores history of RFRA

The brief, written by church-state scholar Douglas Laycock, who holds endowed chairs at the University of Texas and the University of Virginia, explores the legislative history of RFRA. The BJC chaired the Coalition for the Free Exercise of Religion that persuaded Congress to pass RFRA.

U.S. Supreme Court Building in Washington D.C. (Photo: bakdc / Shutterstock.com)

“Congress often explicitly excludes or limits damage remedies, especially in statutes authorizing litigation against government defendants,” the brief argues. “Given the long history of damage remedies for civil-liberties violations, Congress would have excluded such remedies if that were what it meant.”

The brief also refutes the idea that RFRA only authorizes relief against government, not against individual actors. RFRA “expressly defines government officials and persons acting under the color of law as government,” the brief states. The term “under color of law” refers to individuals who may be sued in a personal capacity for actions performed in an official capacity.

The Supreme Court originally was scheduled to hear oral arguments regarding Tanzin v. Tanvir in the spring, but it was rescheduled due to the COVID-19 pandemic. A decision is expected by next June.




LifeWay and Rainer settle contract dispute

NASHVILLE (BP)—LifeWay Christian Resources and Thom Rainer have agreed to settlement terms in a breach of contract lawsuit between the SBC entity and its former CEO.

The statement indicates the agreement was reached Oct. 5, a day after Rainer had tweeted his intent to accept LifeWay’s terms to end the lawsuit.

According to a statement jointly released Oct. 6, Rainer agreed to honor the terms of his separation agreement, including a noncompete clause. He also agreed “not to move forward with his business partnership with Tyndale House Publishers, which was a violation of his noncompete agreement.”

“Our prayer has always been that this could be resolved between LifeWay and Dr. Rainer amicably,” said Todd Fannin, chair of LifeWay’s board of trustees. “We’re thankful Dr. Rainer agreed to honor his word and commitment to LifeWay, which has been our goal from the beginning. The trustees and Dr. Rainer are looking forward to putting this behind us.”

In a statement provided to Baptist Press, Rainer said: “I am grateful to have this resolution between LifeWay and me. I look forward to once again focusing on serving local churches and those who serve them.”

Dispute over noncompete agreement

LifeWay filed a complaint Sept. 28 in Williamson County, Tenn., chancery court alleging Rainer had violated his separation agreement with LifeWay by publishing with a competitor.

The agreement between Rainer and LifeWay upon his 2019 retirement precluded him from having any business association with LifeWay competitors until Oct. 31, 2021. The agreement specifically listed Tyndale House Publishers as a LifeWay competitor.

In August 2020, Tyndale announced a multibook publishing partnership with Rainer, which also includes video curriculum.

Thom Rainer

Rainer told Baptist Press that an Oct. 1, 2019, letter from LifeWay granted him “rights reversal” on his writings and LifeWay officials communicated in subsequent verbal comments that he was released to publish books with any publishing house he selected. Previously, Rainer said he had received “a written and amicable release from publishing” with LifeWay, he had discussed the matter with LifeWay’s attorney and he had “assumed all was well” until receiving notice of the lawsuit.

On Oct. 4, Rainer tweeted that LifeWay had “put forth six stipulations to end the lawsuit,” and added: “For the sake of the Gospel, I plan to accept all of those terms on Monday. This legal battle between Christians before the watching world has to end. I will end it.”

Rainer confirmed to Baptist Press the next day that he had accepted the stipulations but declined to disclose specifics. The joint statement issued Tuesday simply referenced Rainer’s agreement to honor the original terms of his transition agreement, “including the non-compete clause” and “not to move forward” with the partnership with Tyndale.

Confusion and questions from trustees

The legal action led to confusion and questions last week from some of LifeWay’s trustees, who were taken by surprise. The board’s three officers defended their decision to sue, but former board chairman Jimmy Scroggins—who still serves on the board—maintained legal action should not have been taken and that the full board should have been notified. An emergency trustee meeting Sept. 30 was postponed by the 13-member trustee executive committee. Trustees were promised additional information within a week.

Along with the postponement, Fannin said in a statement that “in lieu of moving forward with litigation, both parties are currently exploring the possibility of an agreed upon resolution of the differences.” On Oct. 2, Fannin told Baptist Press LifeWay was “waiting on Dr. Rainer to respond to our suggested resolutions of the issues” in the dispute.

A new flurry of discussion about LifeWay’s handling of the conflict with its former CEO arose over the weekend after the entity sent trustees and employees an email from the three trustee officers—Fannin, vice chairman J.D. Perry and secretary Amy Mielock—detailing their claims against Rainer. In addition to facts previously stated in the suit, the email said LifeWay had paid Rainer more than $1 million plus benefits since his February 2019 retirement.

Rainer said last week he has returned his payments to LifeWay since late spring, after he was asked to forgo remaining compensation by Ben Mandrell, the current LifeWay president. Under his transition agreement, he was to remain a paid LifeWay employee through Oct. 31, 2020, as chief advisory officer. Mandrell has not commented publicly on the issue. Several requests by Baptist Press for an interview with Mandrell were declined by a LifeWay spokesperson.

“We have attempted to show grace and restraint in a difficult process and to preserve what will be embarrassing information to many involved,” the LifeWay trustee officers wrote Oct. 2, according to a copy of the email obtained by Baptist Press.

“We had hoped our request for a season of prayer would be embraced by all involved, but as misrepresentations continue to be published, we now believe it best to present these facts. Ultimately, it is always our goal to allow the truth to prevail.”

Rainer told Baptist Press on Monday he was “hurt” by the officers’ email but could not comment on its substance in light of the ongoing settlement talks.

Scroggins responded to the three officers in an Oct. 3 email to the full board. Among his claims: that the amount of money awarded to Rainer in his separation agreement is consistent with publishing industry standards; that the relationship between Rainer and Mandrell has been strained; and that while he is not defending Rainer’s actions, LifeWay’s “high profile, explosive, legal action was taken without notification, consultation, or affirmation from the Board.”

The lawsuit occurred “in direct violation of the principles in 1 Corinthians 6,” Scroggins wrote in a copy of the email obtained by Baptist Press. “Please read it for yourself if you have not done so. Even if Thom [Rainer] is wrong, the text actually says ‘It would be better to be wronged, or defrauded.’”

Scroggins requested an in-person trustee meeting in Nashville with masking and social distancing, though he said he’s willing to attend a meeting in any format, including Zoom. To date, no meeting has been announced publicly.

 




Scholars call out Russian persecution of Jehovah’s Witnesses

VILNIUS, Lithuania (RNS)—An international group of religion scholars—including a Baylor University professor—is calling on President Vladimir Putin and his administration to end the persecution of Jehovah’s Witnesses in Russia.

The scholars’ statement, released Oct. 1, followed the Center for Studies on New Religions’ one-day conference, “Jehovah’s Witnesses and Their Opponents: Russia, the West, and Beyond,” held online from Vilnius, Lithuania.

“As institutions and individuals concerned with religious freedom, we have followed the events in Russia with increasing alarm,” the center’s statement reads.

Among those events is a reported armed raid of 110 homes of Jehovah’s Witnesses in Russia’s Voronezh region in July that the scholars call the “largest number of coordinated raids on Jehovah’s Witnesses in modern Russia” and an “escalation” in the persecution of Witnesses in the country.

More than 170 Jehovah’s Witnesses have reportedly been imprisoned or put in pre-trial detention in Russia since 2017 for practicing their faith.

That’s when the Russian Supreme Court labeled Jehovah’s Witnesses an “extremist” group. Witnesses are a religious minority in the country, where the Russian Orthodox Church has the backing of the state.

“We are left with the impression that Jehovah’s Witnesses in Russia are being punished for their success in gaining new adherents, and because they are perceived as a ‘foreign’ religion. Freedom to proselytize and to persuade members of other religions is, however, an integral part of freedom of religion under Article 18 of the Universal Declaration of Human Rights,” the statement reads.

Signers include conference speakers J. Gordon Melton of Baylor University’s Institute for Studies of Religion in Waco; Massimo Introvigne of the Center for Studies on New Religions in Torino, Italy; Raffaella Di Marzio of the Center for Studies on Freedom of Belief, Religion and Conscience in Rome; and other international scholars of religion.

There are an estimated 175,000 Jehovah’s Witnesses in Russia.

Jehovah’s Witnesses are not recognized as Christian by Orthodox and some other Christian traditions, primarily because they do not believe in the Trinity. They also do not salute the flag, bear arms or participate in politics.




Link noted between daily spiritual experiences and well-being

WACO—Using smartphone check-ins twice a day for two weeks, Baylor University and Harvard University researchers have found a link between individuals’ daily spiritual experiences and overall well-being.

While other studies have found such a connection between spirituality and positive emotions, the new study is significant because frequent texting made it easier to capture respondents’ moment-to-moment spiritual experiences over 14 days rather than only one or two points in time, the researchers said.

matt bradshaw130
Matt Bradshaw

“This study is unique because it examines daily spiritual experiences—such as feeling God’s presence, finding strength in religion or spirituality, and feeling inner peace and harmony—as both stable traits and as states that fluctuate,” said study co-author Matt Bradshaw, research professor of sociology at Baylor University’s Institute for Studies of Religion.

“Because surveys usually capture only one or two points in time, researchers often have to assume that associations between spirituality and positive emotions capture stable traits in respondents rather than momentary states of mind. But these findings suggest that stable, consistent spiritual experiences as well as short-term periodic ones both serve as resources to promote human flourishing and help individuals cope with stressful conditions.”

Blake Victor Kent

Additionally, “the prevalence of smartphones makes this sort of ‘experience sampling’ study doable on a much larger scale than in the past, when pagers or palm pilots were used to trigger data collection,” said lead author Blake Victor Kent, research fellow of Harvard Medical School/Massachusetts General Hospital and a non-resident scholar at Baylor ISR.

The study—published in The International Journal for the Psychology of Religion—uses data from SoulPulse, a project funded by the John Templeton Foundation, to study religion, spirituality and mental and physical well-being.

Participants were 2,795 individuals who signed up for the study after learning of it through national media—including the Associated Press, the Religion News Service and The New Yorker—and by word of mouth.

Types of spiritual experiences

Kent said daily spiritual experiences are measured as one of two types:

  • Theistic spiritual experiences examine the degree to which God is experienced as present, available and active in the individual’s life using six questions: “I feel God’s presence,” “I find strength and comfort in my religion or spirituality,” “I feel God’s love for me directly or through others,” “I desire to be closer to God or in union with the divine,” “I feel guided by God in the midst of daily activities” and “I feel close to God.”
  • Non-theistic spiritual experiences assess transcendent feelings not specifically connected to God or a divine being using three questions: “I feel a deep inner peace or harmony,” “I am spiritually touched by the beauty of creation” and “I feel thankful for my blessings.”

To keep daily surveys short and interesting for participants, 10 to 15 items were pulled from some 100 questions and appeared with varying frequency. They included assessments of depression or positive emotions with such items as: “I feel downhearted and blue,” “I feel that life is meaningless,” “I am unable to become enthusiastic about anything,” “I am feeling happy,” “I am feeling that I have a warm and trusting relationship with others” and “I have something important to contribute to society.”

Another item asked whether, since the most recent daily survey, the person had experienced a stressful situation such as an argument with a loved one, illness, injury, accident, job stress, financial problems or tragedy.

“The findings indicate, as you would expect, that the wear and tear of daily stressors are associated with increased depressive symptoms and lower levels of flourishing,” Kent said. “What this study really contributes is that daily spiritual experiences play an important role as well. Essentially, if you take two people who have equal levels of stress, the one with more spiritual experiences will be less likely to report depressive symptoms and more likely to indicate feelings of flourishing. That’s a comparison between two people.

“But what about one person?” he said. “The unique thing about this study is we are able to show that when someone’s spiritual experiences vary day to day, the ‘above average’ days of spiritual experience are associated with better mental well-being than the ‘below average’ days.”




Obituary: Randy Gallaway

Randall “Randy” Lee Gallaway of Lubbock—collegiate minister, missions volunteer and motivational speaker—died Sept. 10. He was 73. He was born Sept. 9, 1947, to Norris Weaver and Mary Virginia (Moore) Gallaway in Austin. Weeks before his high school graduation, he suffered a devastating injury while assisting an electrician at his part-time job as an intern for American Manufacturing in Fort Worth. Doctors initially said there was no chance of recovery. After a lengthy hospitalization, 38 surgeries and rehabilitation, he graduated from Amon G. Carter Riverside High School in Fort Worth in 1967. Although he lost all of one arm and part of another, he was motivated to make the most of his second chance at life. He earned an engineering degree with honors at the University of Texas at Arlington before pursuing a lifetime of missions and ministry work. He met Mary Ann Milliken of Lubbock while leading evangelism workshops for the Baptist Student Union at Texas Tech University. They married in 1975. He graduated with a Master of Divinity degree from Southwestern Baptist Theological Seminary in 1978 and a Doctor of Ministry degree from Golden Gate Baptist Theological Seminary in 1987. In the mid-1980s, the Gallaways moved to Canada to plant a church and minister to college students. As self-supporting Mission Service Corps volunteers, they worked first in Vancouver, British Columbia, before launching student ministries in Toronto at the invitation of the Canadian National Baptist Convention. The Southern Baptist Convention’s International Mission Board appointed them as their first career missionaries to students in Canada. Their joint biography, Death Knocking, Life Calling, was published in 2014. In print and in numerous presentations around the globe, Gallaway presented his life motto: “Never give up! As long as there is breath in you, you must hold onto hope.” Survivors include his wife, Mary Ann Gallaway; children, John Gallaway and wife Chelsea of Casper, Wy., and Sage Gallaway of Lubbock; four grandchildren; sister Nancy Cooper; and brother Rex Gallaway.




Two DBU students killed in car accident

An early morning two-car accident on Oct. 4 claimed the lives of two Dallas Baptist University students.

Two first-year students—Kaitlyn Kotzman of Fort Worth and Karina de la Rosa of Pearsall—were killed in the crash on Mountain Creek Parkway, less than a mile from the university campus.

“We are devastated by this horrible loss of life,” DBU President Adam C. Wright said. “We are praying for the families of all those involved as they process through this tragedy.”

Three other students involved in the accident sustained non-life-threatening injuries and are recovering with their families, Blake Killingsworth, vice president for communications at DBU, reported on Oct. 6.

After an evening prayer service in Pilgrim Chapel on Oct. 5, DBU posted on Facebook: “Father, it is with heavy hearts that we draw near in prayer, not understanding but with confidence in your promise to work all things for our good and your glory, with confidence in your power to redeem and restore.

Dallas Baptist University students join in a prayer and praise service Oct. 5 in memory of two classmates killed in an auto accident. (DBU Photo)

“To the families of Karina and Kaitlyn, it was a gift to walk with your daughters. Our DBU Family grieves with you and continues to pray for you.

“To our students, we love you. We’re honored to be your DBU Family. We want to walk alongside you in this season.”

DBU administration announced the university will provide counseling for classmates and friends of the affected students.

On Sept. 25, a DBU doctoral student from Odessa and his wife were killed in an auto collision. Kenny Comstock, executive pastor of the nondenominational Crossroads Fellowship church in Odessa, and his wife Melissa died in a two-vehicle collision in New Mexico.




Pro-Trump evangelicals exposed to virus flout CDC guidelines

WASHINGTON (RNS)—At least two faith leaders, including one of President Donald Trump’s unofficial evangelical advisers, have tested positive for COVID-19 after attending a White House Rose Garden ceremony and a separate evangelical gathering in Washington, D.C.

Several other high-profile Christian leaders were also at one or both events. Some have since chosen to quarantine out of precaution, but others—including Jack Graham, pastor of Prestonwood Baptist Church in Plano, and Ramiro Peña, pastor of Christ the King Baptist Church in Waco—continue to travel and even to preach in front of their congregations.

University of Notre Dame President John I. Jenkins, who was present at the Rose Garden event, announced his positive test on Oct. 2 and is quarantining.

Pastor Greg Laurie of Harvest Christian Fellowship in Riverside, Calif., also in attendance at the Rose Garden ceremony, confirmed Oct. 5 he tested positive for COVID-19. Laurie said in a video he had been quarantining since Friday, when he received the diagnosis.

The Sept. 26 ceremony, announcing Trump’s new Supreme Court nominee, Amy Coney Barrett, was convened at the White House Rose Garden, where attendees sat close together, few wore masks and many were seen shaking hands when the event concluded.

At least nine in Rose Garden ceremony tested positive

With Laurie’s diagnosis, at least nine people from the Rose Garden ceremony, including Trump, have since tested positive for the novel coronavirus. And many faith leaders were photographed sitting near or next to them throughout the event.

At any given time, most were within feet of Jenkins, Laurie, former New Jersey Gov. Chris Christie, former White House aide Kellyanne Conway and White House Press Secretary Kayleigh McEnany—all of whom have since tested positive.

Paul Scalia, a priest at St. James Catholic Church in Falls Church, Virginia, and the son of Justice Antonin Scalia, announced to his church on Oct. 4 he tested negative over the weekend but that he would quarantine “at the recommendation of my doctor and per CDC guidelines.” Scalia sat in the same row and three seats down from Conway at the Rose Garden event.

Similarly, many other faith leaders who attended the event say they have since tested negative for the virus. Not all are adhering to those Centers for Disease Control guidelines, which recommend quarantining for 14 days after spending an extended period of time (more than 15 minutes) in close proximity (within six feet) to someone who tests positive for COVID-19.

Even with a negative test, the CDC still recommends a person exposed to COVID-19 quarantine for two weeks after last known exposure to the virus, since symptoms may take anywhere from two to 14 days to appear.

Indeed, many of the pastors in attendance preached to in-person congregations Sunday.

Laurie, who sat diagonally in front of Chris Christie during the Rose Garden event, preached during Harvest Christian Fellowship’s “Harvest at Home” online services Sunday, but it was unclear when his message was recorded and if there was anyone else present.

Jack Graham insists he is ‘ridiculously healthy’

Graham of Prestonwood Baptist Church sat directly in front of Chris Christie and next to Laurie at the Rose Garden event. He opened his service on Sunday by praying for the president, who was hospitalized on Friday after experiencing complications from his own COVID-19 infection, and the first lady, who also tested positive for the novel coronavirus.

Graham—speaking at one of Prestonwood’s worship services—then assured his congregation: “I am ridiculously healthy, let’s just put it that way. I’m not sick. I’m fine.

“I exercised every day this week … and flew to Atlanta to speak with the vice president on Wednesday,” he said. “I worked every day, preaching three times this weekend, so I don’t have COVID. Let’s just put it that way. I’m grateful for that, and we’re grateful for God’s protection always.”

Graham then preached a message titled “Socialism: A Clear and Present Danger.”

He did not mention being tested for COVID-19, and Prestonwood has not returned requests for comment by Religion News Service.

Skip Heitzig, pastor of Calvary Church in Albuquerque, N.M., sat in the row behind Jenkins during the Rose Garden event. A representative for Heitzig’s church said Heitzig “feels great” but did get a COVID-19 test early Saturday morning.

Heitzig’s team emailed RNS late Monday evening to say the pastor received a negative result from the test. But a Monday night result would mean he was still awaiting test results when he began preaching Sunday morning. He delivered his sermon in a closed studio but acknowledged other people were there, and attendees could be heard clapping as he spoke.

Paula White urges prayers for ‘supernatural healing’

Paula White, head of the White House Faith and Opportunity Initiative and often regarded as President Trump’s closest religious adviser, sat three seats down from Jenkins at the Rose Garden event. She preached in front of the Florida-based City of Destiny congregation on Sunday—where people were spaced apart, and many wore masks—and said she had been tested three times the previous week. All, she said, came back negative.

She called on those present to pray for “supernatural healing” for Trump and others suffering from COVID-19.

Jentezen Franklin, pastor of Free Chapel in Gainesville, Ga., who sat diagonally behind Jenkins in the Rose Garden, preached to his congregation on Sunday as well. He prayed for healing for the president and the first lady but did not mention during his introduction whether he had been tested for the novel coronavirus.

Before Sunday’s services, Franklin posted a video on Twitter sharing he had tested negative for COVID-19.

Representatives for his church did not respond to multiple requests for comment.

Liberty University acting President Jerry Prevo sat next to Jentezen Franklin during the event. A representative for the university said Prevo tested negative for the virus on Friday morning. Prevo tweeted on Saturday images of himself attending a Liberty football game with other people in what appeared to be a closed room.

“Loved cheering (Liberty football) onto another win today with this beautiful lady,” he tweeted, along with images of himself standing next to other people and speaking. “We had a great time getting to know some LU students, staff, and faculty at the game. Congratulations to (Coach Hugh Freeze) and the Flames for their 3-0 record. Go Flames!”

Bishop Harry Jackson, who leads Hope Christian Church in Beltsville, Md., appeared to sit on the end of the row behind Jenkins and directly across the aisle from Kayleigh McEnany, preached to an empty church on Sunday.

Pastor Robert Morris, who appeared to be sitting next to Jentezen Franklin at the Rose Garden event, also spoke to his Dallas-based Gateway Church, which gathered in person with some restrictions to celebrate its 20th year.

Neither immediately responded to requests for comment by RNS.

Waco pastor preaches to congregation

Peña of Christ the King Baptist Church also was at the Rose Garden event and preached to his Waco congregation on Sunday, although he sat farther away from people at the ceremony who have since tested positive for COVID-19. His church did not immediately respond to requests for comment.

Peña was part of a virtual call to prayer for President Trump, hosted by Trump’s daughter-in-law Lara Trump, Sunday afternoon with Franklin, White and Jackson. They were joined by Franklin Graham, head of the Billy Graham Evangelistic Association, who sat next to Jenkins at the Rose Garden, and his daughter Cissie Graham Lynch, who sat next to her father at the same event.

A BGEA spokesperson said both Graham and Lynch took COVID-19 tests this past week and were negative but did not specify when those tests were taken. The spokesperson said Graham is currently in a “remote area of Alaska.”

Ralph Reed, who sat two seats down from Peña, was tested on Wednesday and got a negative result. However, Reed led a Faith and Freedom Coalition conference in Atlanta, Ga., from Sept 30 to Oct 2 that featured speakers such as Vice President Pence.

Another scheduled speaker, Sen. James Lankford, was forced to leave the conference and quarantine after learning that Utah Sen. Mike Lee—another attendee at the Rose Garden event who Lankford had spent time with—had also tested positive for the coronavirus. Lankford—a Southern Baptist—has since tested negative, but remains in quarantine, citing CDC guidelines.

Reed, on the other hand, did not appear to quarantine. He closed out the indoor event on Friday evening—after news broke that both Trump and Jenkins had tested positive for COVID-19—by making a speech.

Many of these same evangelical faith leaders also joined thousands who attended a massive prayer march in Washington, D.C., the same day as the Rose Garden event.

Emily McFarlan Miller reported from Chicago. 




Rainer lawsuit paused, not dropped, by LifeWay

NASHVILLE (BP)—After seeming to reverse course on a lawsuit against former president and CEO Thom Rainer, LifeWay Christian Resources said it will not officially withdraw its legal action against the SBC entity’s retired chief executive.

LifeWay’s attorney notified Rainer Oct. 2 the breach of contract lawsuit will not be dropped despite a statement Sept. 30 by board Chair Todd Fannin that “in lieu of moving forward with litigation, both parties are currently exploring the possibility of an agreed upon resolution of the differences.”

Fannin told Baptist Press in a statement released Oct. 2 that LifeWay is “waiting on Dr. Rainer to respond to our suggested resolutions of the issues” in dispute. He said the proposed resolutions were provided to Rainer’s attorney on Sept. 29.

“To further clarify, in a good faith gesture the trustee executive committee agreed to pause any further legal action to allow LifeWay and Dr. Rainer to work on an agreed upon resolution,” Fannin said. “We are waiting on Dr. Rainer to respond to our suggested resolutions of the issues that were provided to his counsel on Tuesday. Our continued prayer is that this will be resolved quickly and amicably.”

LifeWay declined request to withdraw suit

Rainer seemed to have a different understanding of the situation. He said LifeWay’s communication with his attorney gave a “clear impression” the suit would be dropped.

Thom Rainer

He said Rainer’s attorney requested confirmation Oct. 1 that the lawsuit had been withdrawn. He received a letter from LifeWay’s attorney Friday stating: “Mr. Rainer’s request for LifeWay to withdraw the lawsuit was shared with the board officers yesterday, and they decided to respectfully decline the request.”

LifeWay filed the suit Sept. 28 in Williamson County, Tenn., chancery court, alleging Rainer had violated his separation agreement with LifeWay by publishing with a competitor. The agreement between Rainer and LifeWay upon his 2019 retirement precluded him from having any business association with LifeWay competitors until Oct. 31, 2021. The agreement specifically listed Tyndale House Publishers as a LifeWay competitor. In August 2020, Tyndale announced a multibook publishing partnership with Rainer, which also includes video curriculum.

Rainer told Baptist Press an Oct. 1, 2019, letter from LifeWay granted him “rights reversal” on his writings and LifeWay officials communicated in subsequent verbal comments that he was released to publish books with any publishing house he selected.

Previously, Rainer said he had received “a written and amicable release from publishing” with LifeWay, he had discussed the matter with LifeWay’s attorney and he had “assumed all was well” until receiving notice of the lawsuit.

Trustees and others respond to mixed messages

LifeWay’s mixed messages about the lawsuit have been met with concern among trustees and Southern Baptist pastors.

Former trustee chairman Jimmy Scroggins, who still serves on the board, requested an official withdrawal of the lawsuit following Fannin’s Sept. 30 statement and said the full board should be permitted to vote on whether the suit proceeds. He expressed appreciation for the three board officers—Fannin, J.D. Perry of Louisiana and Amy Mielock of North Carolina—and said his concerns are not “personal.”

“If the legal action is still actually filed with the court, then I believe our public announcements and announcements to the board are misleading,” Scroggins wrote in an internal board communication confirmed by Baptist Press. “I think we should formally retract our legal action.”

Other Southern Baptist pastors likewise have expressed concern.

Florida pastor Chris Bonts said the church he pastors will stop doing business with LifeWay until the legal action is dropped. “As of today, FBC Middleburg has postponed all purchases from @LifeWay until they drop the lawsuit against @ThomRainer,” Bonts, a former Rainer research assistant at The Southern Baptist Theological Seminary, tweeted.

First Baptist Middleburg, a Jacksonville-area congregation, averages about 800 in worship.

Kentucky pastor Barry Fields tweeted that Rainer “is owed a public apology.” He told Baptist Press that Rainer has “more credibility among typical SBC pastors and churches” than LifeWay’s trustee leadership.

“From my perspective, and I think a lot of other pastors’ perspective, regardless of whether or not the lawsuit has merit—and it may very well have merit—it seems obvious that every effort has not been made to handle this before going public,” said Fields, pastor of Glendale at Cave Mill in Bowling Green, Ky.

An emergency LifeWay trustee meeting originally slated for Sept. 30 was postponed by the 13-member trustee executive committee. Trustees were promised additional information within a week. A new date for the meeting has not been announced.

EDITOR’S NOTE; On Sunday, Oct. 4, Thom Rainer tweeted the following:  “LifeWay has put forth six stipulations to end the lawsuit. For the sake of the gospel, I plan to accept all of those terms on Monday. This legal battle between Christians before the watching world has to end. I will end it.” An updated news article will be posted when more information becomes availabl.




Most U.S. congregations coping during COVID-19

WASHINGTON—The people who worship at First Baptist Church in Maury City, Tenn., have been exemplary during the long months of the COVID-19 pandemic.

The rural West Tennessee church’s members readily embraced online services, sometimes watching over and over so they could sing along with the music. When in-person services resumed over the summer, they wore their masks and socially distanced in the pews.

But what might have surprised First Baptist Pastor Mike Waddey most is that his congregation has kept giving despite all the changes the pandemic brought.

“I probably sold our people short,” Waddey said. “I thought they would not give if they were not in the building. Shame on me for that.”

Survey says most churches doing OK

Waddey is not the only pastor to be pleasantly surprised, according to a new study from the Lake Institute on Faith and Giving at Indiana University-Purdue University Indianapolis.

David King, director of the Lake Institute, said the institute surveyed 555 congregations for the study, mostly from a wide range of Christian traditions, along with a few Jewish and Muslim groups.

While not a representative sample, he said, the study gives a snapshot of how congregations have fared during the COVID-19 pandemic.

Most have done pretty well, with both participation and finances holding steady.

About half (52 percent) have seen more people participating during the pandemic. At more than half, giving has remained the same or increased, while 41 percent of congregations say giving has gone down. Only 14 percent have had to cut or furlough staff, in part because many congregations (65 percent) had received a Payroll Protection Program loan from the Small Business Administration.

King said he was surprised by how well congregations adapted during the pandemic, especially in the early days last spring.

“Congregations really buckled down and did amazing work, quickly pivoting to online services and responding in a lot of creative ways,” he said.

Churches have also cut costs, according to the study, while trying to keep essential ministries going. Just over a third of congregations (38 percent) reported cutting expenses other than personnel during the pandemic. About 1 in 10 reduced giving to their denomination (12 percent), drew from reserves (10 percent) or cut funding for missions and benevolence projects (8 percent).

Congregations also reached out to others in need. Three in 10 congregations in the study say they gave financial support to other churches, while nearly a quarter (22 percent) created a fund to aid congregation members in need.

At Memorial Road Church of Christ, a megachurch in Edmond, Okla., church members gave about $165,000 for COVID-19 relief. Those funds help pay rent or mortgages, buy food and pay for other expenses for those who’ve been affected by the economic downturn.

They also gave more than a half million dollars at their annual mission drive in September. Giving to the operating budget is down a bit, but a payroll protection loan helped on those costs, said Andy Lashley, a church spokesman.

Many churches slow to gather for in-person worship

While the financial picture appears to be positive, many churches still are empty. According to the Lake Institute study, congregations were split about returning to meeting in person, with half (53 percent) saying they planned to begin in-person gatherings by the end of August. Fourteen percent expected to meet in September or later. A third were not sure when they would meet.

Catholic congregations were among “the last to close and the first to reopen in-person” services, according to the study. Conservative congregations (71 percent) were more likely to say they planned to reopen by August than liberal (20 percent) or moderate (49 percent) congregations.

Pastor Charlie Dates of Progressive Baptist Church in Chicago said his congregation has no plans to meet in person for the foreseeable future. The church moved services online in April, after the death of Edward Singleton, a beloved church member and Chicago firefighter in his 50s.

Singleton’s death hit the church hard.

“That was a bell tolling in our church,” Dates said. “We have had a slew of deaths. There are just a lot of grieving people.”

But the lack of in-person meetings hasn’t dampened members’ commitment to the church’s mission. On Sept. 30, Dates was waiting for a weekly delivery of 1,200 boxes of food for the church to distribute to neighbors in need. The church is in the process of acquiring a food truck that will help in that process.

“Right now, people have to come to us to get the food,” he said. “We want to make it so we come to them.”

Current plans call to stay online at least through Easter 2021. Part of that is the health care challenges that his congregants face. Not everyone in their community has access to health care or regular medical treatment. So, church members may have underlying conditions of which they are unaware. Those underlying conditions could be life-threatening if church members get COVID-19.

“To bring them into a community at risk is not something that we want to do,” he said.

At Raleigh Mennonite Church in N.C., no one is ready to worship in person, said Pastor Melissa Florer-Bixler. Heathy church members could come to an outdoor service. But older members or those with underlying conditions would be left out. And that didn’t seem right.

“We can’t really be church until everyone in our community can meet together,” she said.

Jason Poling, priest-in-charge at St. Andrew’s Episcopal in Pasadena, Md., about half an hour outside of Baltimore, said his congregation began to meet in person again in June. The church is a “family-sized parish” of about 40 people, he said, with a building that could seat 250. So there’s enough room to safely social distance.

Everyone wears a mask, and there’s no congregational singing, though there is a cantor. Poling distributes the Communion hosts, which are kept covered until Poling drops them into parishioners’ hands while wearing gloves. Giving and offerings to the food bank have remained strong, Poling said.

COVID-19 does take a toll on ministries, ministers

But there are shortfalls that may not show up in studies like the Lake Institute’s. Poling expects the church won’t be able to participate in an interfaith ministry to the homeless called Winter Relief, which houses homeless in area churches each year from November to March. Social distancing rules mean the church won’t likely take its weeklong rotation this year.

“We can’t do it,” he said. “It’s just not safe. We don’t have enough room for people to be 6 feet apart. Our church is not big enough.”

King said that other non-quantifiable worries include fatigue among religious leaders.

“Religious leaders have been really exhausted by all the work they’ve had to do over these past months,” he said. “And continued uncertainty makes it difficult to plan for the future.”

Still, he remains pleasantly surprised at how congregations have responded so far. Congregations, he said, are known for disagreeing about everything from the color of the carpet to human sexuality, he said. But during this pandemic, folks have worked together rather than arguing.

King said he found the results of the study hopeful.

“It leaves many congregations with greater reassurance that we’re all in this together,” he said.

Ahead of the Trend is a collaborative effort between Religion News Service and the Association of Religion Data Archives made possible through the support of the John Templeton Foundation.   




Decatur pregnancy center helps women make wise choices

DECATUR—When Connie Wyatt arrives at work each morning, she knows the day will present many opportunities to promote life and share the love of Jesus.

“No day is the same, said Wyatt, chief executive officer of the Wise Choice Pregnancy Resource Center in Decatur. “Every day is different.”

Wyatt has served the center in varied capacities since 2009, beginning as a volunteer. She joined the center’s board of directors in 2013, and two years later, she became CEO.

Last year, 77 young women who came to the center were “abortion minded/vulnerable,” she reported.

“But when they have an ultrasound and hear the baby’s heartbeat, everything changes,” Wyatt said. Seventy-one of the 77 young women—92 percent—changed their minds and carried to term.

In 2019, the center reported 936 client visits, 782 monthly clients served, 410 new clients, 317 pregnancy tests and 247 ultrasounds.

Workers at the center presented the gospel at least 271 times, and 47 women made professions of faith in Christ.

Multiple services available

To encourage participation in educational programs, the center allows women to earn coupons they can exchange for baby-care items by participating in and completing classes or viewing DVDs on topics such as parenting, budgeting, nutrition and the Bible.

“Clients are encouraged to call and talk with a staff person for a complete listing of all the ways we stand ready to help care for their babies now, while also preparing for their future,” Wyatt said.

The center continues to offer services to new mothers and their babies until the children are 3 years old.

Numbers of women and children served have increased dramatically since mid-March, as the center has provided essential services during the COVID-19 pandemic, with some financial assistance from the Texas Baptist Hunger Offering to purchase baby food.

“We have given out 600 dozen diapers, boxes of wet wipes, baby food and formula,” Wyatt said.

In addition to pregnancy tests, ultrasound and adoption information, the center offers peer counseling services, certified life coaches, parenting classes, youth education and referrals to social service agencies.

The Wise Choice Recovery Program helps women who are dealing with guilt or shame after an abortion. Held twice a year in a retreat-style setting, the recovery program helps women come to terms with that choice and allow God to heal and restore them. Trained staff provide one-on-one counseling to help women find wholeness and peace.

By partnering with area schools and youth pastors, the center helps equip youth to make empowering decisions for their future. Presentations include healthy relationships, avoiding sexual risks and “being the best you can be.”

Elementary school students attend a presentation on making wise choices and preventing bullying. (Courtesy Photo)

A companion presentation geared toward elementary school-age boys and girls focuses on making wise choices and prevention of bullying.

The center receives financial support from 35 churches in the area, including First Baptist in Decatur. Individual donors provide 78 percent of the center’s total budget, and only 10 percent of the budget is devoted to overhead and administration. The remaining 90 percent is dedicated to services and programs.

Thanks to the support it has received, the center was able to purchase a 37-ft. mobile medical unit with a limited medical clinic and a resource education center. Its mission is to serve women in Wise County and surrounding areas who otherwise would be unable to get to a clinic.

Volunteer assistance essential

Volunteers—male and female—always are needed at the center, Wyatt stressed.

“If you have a gift or a talent, it can be put to use,” she said. “This is not rocket science. We stand for life.”

Bilingual volunteers are needed to communicate with Spanish-speaking women. Quilters can use their skills to provide items for young women and their babies.

“And we need prayer partners—people committed to praying for the center and our clients,” she said.

The center also seeks to equip volunteers in area churches to respond to women in need.

“Some of the congregations started LifeGuards, a type of first responder in the church that we train to be a confidential person for the women in the church,” Wyatt said.

The program is making a difference in the lives of the women involved in the ministry as well as the clients, she added.

“I’ve seen a change in the women who volunteer,” Wyatt said. “This ministry has changed their lives.”

Carolyn Tomlin writes for the Christian magazine and newspaper market and teaches the Boot Camp for Christian Writers. 




LifeWay reverses course and seeks resolution with Rainer

NASHVILLE (BP)—LifeWay Christian Resources has decided not to proceed with a breach of contract lawsuit against the SBC entity’s former president Thom Rainer, but will instead seek to resolve the dispute without litigation.

Trustee Chairman Todd Fannin announced the decision in an email to the board. An emergency meeting of the full board had been scheduled for Sept. 30 to discuss the lawsuit but was canceled by the executive committee.

“In lieu of moving forward with litigation, both parties are currently exploring the possibility of an agreed upon resolution of the differences,” Fannin wrote. “Our continued prayer is that this will be resolved quickly and amicably.”

Fannin, an Oklahoma businessman, asked “all Southern Baptists to join us in a season of prayer” and said trustees will receive additional information within a week. He expressed concern over “numerous public misstatements and inaccuracies surrounding this matter.”

LifeWay filed a lawsuit Sept. 28 in Williamson County, Tenn., chancery court, alleging Rainer had violated his transition agreement with LifeWay by publishing with a competitor.

The agreement between Rainer and LifeWay upon his 2019 retirement precluded him from having any business association with LifeWay competitors until Oct. 31, 2021. The agreement specifically listed Tyndale House Publishers as a LifeWay competitor.

In August 2020, Tyndale announced a multibook publishing partnership with Rainer, which also includes video curriculum.

Thom Rainer

In a statement Sept. 29, Rainer said he had received “a written and amicable release from publishing” with LifeWay, he had discussed the matter with LifeWay’s attorney and he “assumed all was well” until receiving notice of the lawsuit.

Under his transition agreement, Rainer, 65, was to remain a paid LifeWay employee through Oct. 31, 2020, as chief advisory officer. The end of his employment would then be followed by a 12-month noncompete agreement.

However, Rainer told Baptist Press that Ben Mandrell, LifeWay’s current president, asked him either to stop receiving payments from LifeWay or return them to the SBC entity. He said he has been returning the payments since late spring.

The lawsuit apparently raised concern among some trustees. Multiple trustees told Baptist Press they did not learn of the lawsuit until the day after it was filed, and former board chair Jimmy Scroggins wrote an email to Fannin and his fellow board members asking that the lawsuit be withdrawn “until other options can be more fully explored or until the full board has an opportunity” to “discuss appropriate next steps for LifeWay’s relationship with Thom” Rainer.




Around the State: ETBU students gather for prayer event

While some campuses participated virtually in the annual See You at the Pole student-led prayer event on Sept. 23 in light of COVID-19, East Texas Baptist University students held an in-person prayer service organized by the campus Baptist Student Ministry while maintaining health and safety protocols. This year, the BSM focused on the unifying effect of prayer in trying times, challenging participants to pray for their school, community and country, and ask for compassionate hearts, peace, humility and patience in the midst of the global pandemic. “The purpose and energy behind See You at the Pole is powerful every year, but this year felt different,” BSM Director David Griffin said. “I believe that students came out to pray, because they know that Jesus is our only hope. We sit in the middle of a situation that we cannot control, and this event is ultimately a reminder to depend on and trust in the only one who is in control.”

Kenny Comstock, executive pastor of Crossroads Fellowship in Odessa, and his wife Melissa were killed in a two-car collision Sept. 24 in New Mexico. They are pictured with two of their three children. (Photo from Facebook via BP)

Kenny Comstock, executive pastor of the nondenominational Crossroads Fellowship church in Odessa and a doctoral student at Dallas Baptist University, and his wife Melissa died in a two-vehicle collision Sept. 24 in New Mexico. The Comstocks’ three children also were in the car, but only the 4-year-old suffered significant injuries and is expected to make a full recovery, the Odessa American reported.

Paul Chitwood, president of the Southern Baptist Convention’s International Mission Board, will speak at First Baptist Church in Forney on Oct. 11 in both the 9:30 and 11 a.m. worship services. Chitwood has served as president of the IMB since 2018. He previously served was executive director of the Kentucky Baptist Convention and served in the pastorate 18 years. For more information, call (972) 564-3357 or visit www.fbcforney.org.

Dallas Baptist University will host a Patriot Preview on Oct. 12. This event offers prospective students and their parents an opportunity to learn what DBU offers from an educational standpoint, as well as introducing them to campus life. Patriot Preview events include an all-inclusive tour of the campus, meeting professors and visiting with staff members, and sometimes attending a chapel service. In an effort to keep students, faculty, staff and visitors safe, DBU follows CDC guidelines, following social distancing requirements and enforcing the wearing of masks on campus. To register, click here.

While COVID-19 forced Texas Baptists to postpone their annual on-site Conclave, a virtual NoClave Conclave will be held from 12 noon to 4:15 p.m. on Oct. 13. The event is designed to provide encouragement for adults who work with preschool, children, youth, family and NextGen ministries. Jim Denison, cultural commentator and founder of the Denison Forum, is the keynote speaker. The event is free for all participants. For more information, click here.