Monday, March 29, 2021

 LANGUAGE OF SPACE EXPLORATION RHETORIC CAN AFFECT PUBLIC PERCEPTION OF SPACE ACTIVITIES

Would we want futuristic Mars settlements to operate like modern-day Earth towns, or could we do better?

UNDARK

By Joelle Renstrom

Last month, NASA’s Perseverance rover landed on the surface of Mars to much fanfare, just days after probes from the UAE and China entered orbit around the Red Planet. The surge in Martian traffic symbolizes major advancements in space exploration. It also presents an opportune moment to step back and consider not only what humans do in space, but how we do it — including the words we use to describe human activities in space.

The conversation around the language of space exploration has already begun. NASA, for instance, has been rooting out the gendered language that has plagued America’s space program for decades. Instead of using “manned” to describe human space missions, it has shifted to using gender-neutral terms like “piloted” or “crewed.” But our scrutiny of language shouldn’t stop there. Other words and phrases, particularly those that invoke capitalism or colonialism, should receive the same treatment.

To some extent, language influences the way we think and understand the world around us. A dramatic example comes from the Pirahã tribe of the Brazilian Amazon, whose language contains very few terms for describing numbers or time. A capitalist culture in which time equals money likely wouldn’t make sense to them. Similarly, language likely affects humans’ thoughts and beliefs about outer space. The words scientists and writers use to describe space exploration may influence who feels included in these endeavors — both as direct participants and as benefactors — and alter the way people interact with the cosmos.

Take, for example, John F. Kennedy’s 1962 Moon Speech, in which he three times used the words “conquer” and “conquest.” While Kennedy’s rhetoric was intended to bolster U.S. morale in the space race against the USSR, the view of outer space as a venue for conquest evokes subjugation and exploitation and exemplifies an attitude that has resulted in much destruction on Earth. By definition, conquering involves an assertion of power and mastery, often through violence. Similarly, former President Donald Trump is the most recent American president to use the term “Manifest Destiny” to describe his motives for exploring space, tapping into a philosophy that suggests humanity’s grand purpose is to expand and conquer, regardless of who or what stands in the way.

In a recent white paper, a group comprising subject-matter experts at NASA and other institutions warned of the hazards of invoking colonial language and practice in space exploration. “The language we use around exploration can really lead or detract from who gets involved and why they get involved,” Natalie B. Treviño, one of the paper’s coauthors, told me.

Treviño, who researched decolonial theory and space exploration for her Ph.D. at Western University in Canada, is a member of an equity, diversity, and inclusion working group that makes equity-related recommendations in the planetary science research community. She notes that certain words and phrases can be particularly alienating for Indigenous people. “How is an Indigenous child on a reserve in North America supposed to connect with space exploration if the language is the same language that led to the genocide of his people?”


Perseverance rover's MASTCAM-Z has captured its first high-resolution panorama of its landing site in the Jezero Crater on Mars. The image will help the mission team narrow down rocks of interest to return to Earth for study. Image: NASA

In a 2020 perspective for Nature Astronomy, Aparna Venkatesan of the University of San Francisco, also a coauthor of the recent white paper, wrote with colleagues that in the dialects of the Indigenous Lakota and Dakota, the concept of thought being rooted in language, space, and place “is epitomized by the often used phrase mitakuye oyasin, explained by Lakota elders as a philosophy that reminds everyone that we all come from one source and so need to respect each other to maintain wolakota or peace.” It’s difficult, if not impossible, to reconcile the ideas of wolakota and conquest, especially given the increasing weaponization of space.

Treviño argues that the word “frontier,” the guiding metaphor for American space exploration, is also problematic. The crossing of new frontiers — because frontiers always must be pushed or crossed — is inevitably “tied to nationalism, and nationalism is tied to conquest, and conquest is tied to death,” she says. When humans push frontiers, they often do so with the belief that it is their right as individuals or as representatives of a country or state. Throughout history, this sense of entitlement has been taken as license to wipe out Indigenous people and fauna, pollute rivers, and otherwise demonstrate ownership and mastery.

Foundational concepts such as “conquest,” “frontier,” and “Manifest Destiny,” can affect not only how people think about space but also how they act toward it. In their Nature Astronomy paper, Venkatesan and her colleagues argue that in addition to promoting colonialist ideals, such concepts promote space capitalism and a lack of regulation. Potent symbols of this trend are the more than 3,000 operational satellites currently orbiting Earth, many of them privately owned. For people who use the stars to navigate, or who incorporate celestial bodies into cultural, spiritual, and religious practices, this intrusion into the skies threatens to compromise a way of life. And it is a sobering reminder that space and the sky don’t really belong to everyone after all. The lack of protections and regulations for the night sky — as well as monetary incentives for commercial satellites, which make up almost 80 percent of U.S. satellites — make it vulnerable to the highest bidder.

“Treating space as the ‘Wild West’ frontier that requires conquering continues to incentivize claiming by those who are well-resourced,” writes Venkatesan and her colleagues. In fact, the staking of claims in space has already begun, with space tourism predicted to develop into a lucrative industry, and with the U.S. government opening the doors to commercial endeavors such as the mining of asteroids and the colonization of Mars.

While scientists often devote themselves to questions of feasibility, scalability, and affordability, they rarely give as much thought and effort to questions of inclusivity and morality. “In the space community, when ethics or values or planetary protection come up, they’re immediately coded as feminine and they’re immediately coded as not as important,” Treviño told me. For many scientists, she says, “thinking about ethics isn’t nearly as important as building the rovers that are going to go to the moon.”

The “act first, ask questions later” approach typifies the mindset that has led some to argue that humans need to colonize space to survive. But attitudes and ethics cannot be applied retroactively. Science might get people to Mars, but without ethics, what are the chances of survival?

In Kennedy’s words, space exploration is our species’ most “dangerous and greatest adventure.” It makes sense to address factors that influence human behavior in space — and that will ultimately determine our odds of success there — sooner rather than later. That includes asking everyone, not just NASA or Elon Musk, what we want an interplanetary future of humanity to look like. Would we want futuristic Mars settlements to operate like modern-day Earth towns, or could we do better?

Crafting a code of ethics for space exploration may seem daunting, but our words offer a potential starting point. Space is one of few places humans have gone that thus far remains peaceful. Why, then, use the language of war, imperialism, or colonialism to describe human actions there? Eliminating the language of genocide and subordination from the space discourse is one easy step anyone can take to encourage the great leaps for humankind that we dream of for the future, on Earth and beyond.

Joelle Renstrom is a science writer who focuses on robots, AI, and space exploration. She teaches at Boston University.

This article was originally published on Undark. Read the original article.












MICROSOFT EXCHANGE VULNERABILITIES AFFECTED BANKING, FINANCE SECTORS THE MOST: REPORT


The Check Point Research report revealed that 32 firms globally were targeted via these vulnerabilities.


TECH2 NEWS STAFF
MAR 29, 2021 

Microsoft recently announced there were some vulnerabilities in the Exchange software that were being exploited by cybercriminals. Soon after, the company released emergency patches for Exchange Server 2019, Server 2016 and Server 2013. In addition to this, Microsoft rolled out a handful of mitigation tools and updated Microsoft Defender Antivirus to combat such vulnerabilities. The Check Point Research report revealed 32 firms worldwide were targeted via these vulnerabilities.



Microsoft has acknowledged that patching a system does not necessarily cut off an attacker's access to any particular account.

Further, researchers revealed the banking and finance sectors were the worst hit, with 28 percent of the total hacks directed at them. Following these are the government and military sector with 16 percent, manufacturing with 12.5 percent and the insurance and legal sector with 9.5 percent.

Microsoft has acknowledged that patching a system does not necessarily cut off an attacker's access to any particular account. In a statement, a Microsoft spokesperson said, "The Exchange security update is still the most comprehensive way to protect your servers from these attacks and others fixed in earlier releases. This interim mitigation is designed to help protect customers while they take the time to implement the latest Exchange Cumulative Update for their version of Exchange."

According to the Microsoft 365 Defender Threat Intelligence Team, "Many of the compromised systems have not yet received a secondary action, such as human-operated ransomware attacks or data exfiltration, indicating attackers could be establishing and keeping their access for potential later actions."

Exclusive: Big Oil pushed school officials to make "dishonest" claims on Biden climate policy

State school chiefs wrote "unusual" and "absurd" letter to Biden, clearly based on oil industry talking points


By IGOR DERYSH
SALON
MARCH 24, 2021 

Oil well pads operated by Continental Resources dot the wheat fields of eastern Montana north east of Sidney, Montana in Richland County in the Bakken oil formation. (William Campbell/Corbis via Getty Images)

Oil and gas industry advocates were involved in an "unusual" effort by five top state education officials to stoke economic fears about President Joe Biden's climate policy, according to internal emails reviewed by Salon.

The American Petroleum Institute, the largest trade organization representing the oil and gas industry, and its allies have gone on the offensive against Biden's early executive orders, which included a temporary but indefinite moratorium on new gas and oil leases on federal land. API has framed the order as a "ban," which is misleading at best, since it applies only to new leases. New drilling permits are still being awarded under existing leases, and the industry is sitting on millions of acres of leased but unused land.

Internal emails show that the API's allies were involved in crafting a self-described "unusual" letter signed by five Western state school superintendents to Biden, which was later published as an op-ed. The letter raised concerns that the moratorium would cost thousands of jobs and hundreds of millions of dollars in revenue that could impact education funding, relying heavily on misleading data from an API report written before Biden was even elected.

The emails show that the North Dakota Petroleum Council, a former division of API that has grown into a standalone organization, sent data to one of the superintendents and later thanked her for the "fantastic" op-ed. API later promoted the superintendents' talking points on social media, though it did not mention that it supported the Trump administration's cuts in oil royalties that had made up a much larger share of industry revenue distributed to states that helps fund education.

The letter immediately set off alarm bells among industry experts.

"That letter was clearly drafted for them and they were just asked to sign it," Mark Squillace, a former Interior Department official who is now a professor of natural resources law at the University of Colorado Law School, concluded in an interview with Salon. "I don't know what they actually know about oil and gas revenues, but the idea that hundreds of millions of dollars are going to be lost by the states is just ridiculous. It's absurd."

Squillace added that he has never previously seen the oil industry work with elected state education officials to push "misleading" claims.

"Obviously, the education sector is going to be more sympathetic" to the public than the oil and gas industry, he said, "so it was clearly an interesting tactic. But it's fairly dishonest, or at least misleading, for them to be putting out that kind of information and broadly suggesting that a leasing moratorium is somehow going to cost the state all this money. The leasing moratorium is not going to do that. It's going to have a nominal impact."
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The emails were obtained through a public records request by the progressive government watchdog group Accountable.US and the Climate Power Education Fund, which on Wednesday launched "Polluters Exposed," a joint initiative aimed at holding API and its allies "accountable for decades of spreading misinformation" about climate and pollution.

"Oil and gas executives love to talk about working with the Biden administration to address climate change, but these documents show behind closed doors they are actively working to undermine that very effort," said Kyle Herrig, president of Accountable.US. "Polluters Exposed will shine a light on Big Oil and show the American people how industry lines its pockets by spreading misinformation and corrupting policymakers."
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The groups accused the oil industry's top advocates of helping "orchestrate a scheme to use public schools as a Trojan horse" to attack the administration's climate policy.

"They have zero shame. API and their allies should stop using our teachers and schools to halt progress on climate action. Our children will pay the price for these lies," Lori Lodes, executive director of Climate Power Education Fund, said in a statement. "The days of the American Petroleum Institute and its allies lying with impunity are over. Americans deserve the truth and we are going to give it to them."

An API spokesperson denied any involvement with the letter.
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"These individuals are entitled to their own opinion, and highlight many valid points about the real, serious impact a long-term federal leasing and development ban would have on education in their communities. Their concerns about school funding should be taken seriously," the spokesperson said in a statement to Salon, adding that New Mexico Gov. Michelle Lujan Grisham, a Democrat, and the state's two Democratic senators, Martin Heinrich and Ben Ray Luján, have expressed "similar concerns," though they had largely expressed concerns that energy firms would move to states with more private land available, like Texas.

"Our industry believes it's important all the facts and potential effects be considered when crafting policy," the spokesperson added. "The NDPC is not a part of API, but they, the superintendents, and others are free to cite the publicly posted information on our website."

API has vowed to deliver "solutions that reduce the risks of climate change" and even plans to endorse a carbon pricing plan to help meet the Paris climate accord's targets, even though it fiercely opposed such legislation for the past decade, according to a draft statement obtained by The Wall Street Journal. API president and CEO Mike Sommers told the Washington Examiner that he is "optimistic" and "hopeful" that the group will have a "seat at the table to discuss these big issues" with the administration. But days after Biden took office, Sommers attacked the lease moratorium, framing it as a "federal leasing and development ban" even though the order did not apply to existing operations and Biden has repeatedly made a point of vowing not to ban drilling. Sommers warned that such a "ban" could result in significant cuts to state funding that supports schools.

That same week, Kristen Hamman, director of regulatory and public affairs at the North Dakota Petroleum Institute, sent North Dakota State Superintendent Kirsten Baesler an email sharing data claiming that an oil and gas lease ban would cost her state thousands of jobs, $600 million in tax revenue, and $750 million in personal income over the next four years.

"Ron wanted me to send you some ND stats on oil impacts," Hamman wrote, referring to Ron Ness, the group's president, who was copied on the email.

"Thank you, Kristen!" Baesler replied. "This is very helpful."


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The following month, the "unusual" letter to Biden signed by Baesler, along with Wyoming State Superintendent Jillian Balow, Montana State Superintendent Elsie Arntzen, Utah Superintendent Sydnee Dickson and Alaska State Commissioner Michael Johnson, contained the exact figures shared by Hamman.

"In North Dakota, the lease moratorium would result in 13,000 lost jobs over four years, along with $600 million in lost tax revenue and a $750 million loss in personal income," the letter said. "North Dakota's oil and gas industry accounts for 24,000 direct jobs in the state."

Ness followed up with Baesler a few days later.

"Thank you, this is fantastic," he wrote.




Baesler told Salon the North Dakota data did not come from an API report but an analysis by a researcher at the University of Wyoming, and denied that she had coordinated with oil and gas industry advocates.

"State school chiefs in Western energy-producing states coordinated their efforts on this letter," she said in an email. "We are rightly concerned about the Biden administration's open hostility to domestic energy production, and its effects on energy income that our states rely upon for educating our young people. The president's approach to our states' resources is not only reflected in his executive orders affecting energy, but also his action to stop the Keystone XL pipeline project, which as envisioned would carry oil production from Alberta and western North Dakota to refineries to the east and south."

Baesler cited reports predicting that the moratorium is "widely viewed as a precursor to a more permanent ban" and disputed that Biden's order would not affect existing operations.
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Representatives for Balow, the letter's lead signatory, and Johnson also denied they had "coordinated" with representatives of the oil and gas industry. Dickson and Hamman did not respond to questions from Salon.

"Coordinate, no," Linda Finnerty, a spokesperson for Balow, said in a statement to Salon. "We maintain relationships with industries of all types and routinely ask for information, clarification, and data."

Finnerty pointed to a letter from Wyoming Gov. Mark Gordon to the Interior Department disputing that the order did not affect existing operations. Gordon argued in his letter that the order had resulted in a slowdown of permitting for existing leases, despite denials from the department.

"'Moratorium' is a misnomer," Finnerty insisted.

"The leasing "pause" – which appears to be indefinite - discourages the pursuit of continued energy independence for the United States," Sharyl Allen, a spokesperson for Arntzen, said in a statement to Salon.

But Hannah Wiseman, a law professor and faculty fellow at Penn State's College of Earth and Mineral Sciences, said the superintendents' data was based on revenue that was unaffected by the moratorium.

"The superintendents are using the royalty numbers from oil and gas wells on lands that are already leased and producing and translating those numbers into job losses," she said in an email. "But the moratorium on new leases does not order existing production to shut down; the royalties that states are already receiving to fund schools and other essential programs are not affected."

The letter falsely described Biden's temporary halt on new leases as "actions taken to ban oil and gas leases."

"It is imperative that we bring to light the arbitrary and inequitable move to shut down oil and gas production on federal lands in our states that depend on revenues from various taxes, royalties, disbursements, and lease payments to fund our schools, community infrastructure, and public services," the letter said.

The superintendents repeatedly cited data from the API study, echoing its claims that a ban would cost 13,300 jobs in Wyoming, 3,300 jobs and $30 million in revenue in Montana, 11,000 jobs and $72 million in revenue in Utah, and 3,500 jobs and $24 million in Alaska.

Industry experts said the data was highly misleading.

"The 'costs' mentioned in the letter, or in some other studies, assume not just a pause on new leases, but rather a long term cessation in oil and gas operations," Brad Handler, a former Wall Street analyst covering oilfield services and drilling who now serves as a senior fellow at the Payne Institute for Public Policy, said in an email.

"What the Biden administration has implemented is a temporary (albeit of undefined duration) pause on issuing new leases on public (federal) lands," he continued. "The Department of Interior has been directed to conduct a review of leasing and management policies. … The executive action makes clear that permitting and extraction operation can continue on existing leases. Thus, broadly there is almost no impact on employment or state revenues in the near to medium term as a result of this action."

API later promoted the superintendents' talking points on Twitter, citing a quote from Balow claiming that Biden's moratorium was a "lockdown of an industry our students in Wyoming really depend on."

The API report, which was compiled last September, was based on a hypothetical "federal leasing and development ban." But Biden's executive order does nothing even close to that. It pauses new leases while requiring nearly a third of federal lands to be conserved over the next decade.

In fact, Reuters noted that the order only affects "leasing activities, and not permitting, raising the possibility that the government could resume providing drilling permits to those who picked up leases in a series of auctions held in the waning days of the Trump administration."

The Interior Department approved 33 such permits in the week following Biden's leasing pause, Bloomberg News reported. The oil and gas industry also has a stockpile of 7,700 unused leases, according to the Interior Department, leaving more than 13.9 million acres of public land available for drilling operations without any new leasing.

"Since President Biden's Executive Order directing a review of the federal oil and gas program and pause on new leasing, API has been very clear that our concern is that this action is the first step towards a long-term federal leasing and development ban," an API spokesperson told Salon. "Our analysis was released in September 2020, and was not in response to Biden's EO. It found that should a long-term ban be implemented it would shift the U.S. to foreign energy sources, cost nearly one million American jobs, increase CO2 emissions and reduce revenue that funds education and key conservation programs."

Squillace said the industry was manipulating and distorting the issue in order to attack the administration, even though Biden's order will have little impact on revenues.

"This is a really bad time to be leasing federal oil and gas because the price has been historically low," he said, adding that demand for new leases has been so low that most are now auctioned at the minimum bid price of $2 an acre. "That doesn't suggest a robust market for oil and gas leases. This is just a big industry making it out to be a lot more than it is."

Squillace said that if education officials were actually interested in boosting revenues for schools, they would support increasing the minimum bid prices as well as other revenue streams from oil and gas drilling operations.

Most of the money schools receive from public lands comes from royalties on oil and gas production, though states also get revenue from rents, bonuses and potential penalties, according to the Interior Department. Bonuses, which are payments associated with winning bids on lease sales, are the only revenue even theoretically impacted by Biden's pause. Most revenue comes from royalties, which are calculated as a percentage of the sales value of any oil produced by the drilling operations. Although revenue from bonuses increased as the Trump administration awarded a large number of new leases, royalties make up the vast majority of revenue collected by states, according to the Congressional Research Service.

The Trump administration last year drastically cut royalty rates, which had provided states a total of $2.9 billion in revenue in 2019. In Superintendent Dickson's state of Utah, the Bureau of Land Management cut standard royalty rates of 12.5% to as low as 0.5%, according to E&E News. BLM said the move was temporary, but House Natural Resources Committee Chairman Raúl Grijalva, D-Ariz., called for an investigation into to determine how much the change would cost in revenue and whether the cuts were necessary and properly handled.

Accountable.US and the Climate Power Education Fund argued in a news release that the oil industry's "feigned worry about school budgets is hypocritical" given that the industry had enthusiastically supported the Trump administration's move to slash oil and gas royalty rates, "costing states and schools untold millions during the height of a pandemic when they needed it most."

Unlike the concern raised by superintendents, Trump's order "involved a direct reduction in royalty revenues as opposed to a speculative one," Wiseman told Salon.

"These oil and gas royalties are an integral component of many western states' budgets, and suspending their collection would have a direct negative effect on states," the Western Governors' Association warned then-Interior Secretary David Bernhardt, a former oil lobbyist, in April of 2020.

"This is a ludicrous outcome that provides an extremely generous subsidy to the oil and gas industry while robbing taxpayers and states of valuable revenue," Grijalva argued in his own letter to Bernhardt.

The Government Accountability Office concluded last October that BLM had botched the royalty cut, failed to determine whether the policy — which cost taxpayers around $4.5 million at the time — was actually necessary and said it may have resulted in cuts for oil wells that did not need it.

Despite data showing the overwhelming share of revenue coming from oil and gas operations is from royalties, Finnerty, the Wyoming superintendent's spokesperson, argued that "royalties are only part of the revenue realized from oil and gas."

"Leases, bonuses, and other forms of indirect revenue are also in play," she said. "The overall economic impact of oil and gas activity is very significant."

Allen said in a statement that "a comparatively small number of producing wells are subject to this lawful reduction, which, in this time of the Covid pandemic, will assist in preserving jobs, supporting families, communities and critical infrastructure, i.e. schools."

Grant Robinson, a spokesperson for Johnson, acknowledged in an email that "bonuses from lease sales generate less revenue for the state than royalties" but noted that Trump's policy was a temporary one — as is Biden's new policy.

Baesler denied that Trump's policy posed a greater threat than Biden's but acknowledged that most of the state's oil and gas revenues come from royalties. Still, she said, "the Biden administration's anti-energy policies pose a much greater threat to education funding than any action taken by the Trump administration."

Squillace rejected that argument and said it was ironic that education officials had not raised similar concerns when Trump reduced the royalty rate.

It was "so absurd," he said, that states would complain about "this silly little moratorium when they said nothing about the royalty relief package Trump put into effect. I mean, it just boggles the mind."



IGOR DERYSH

Igor Derysh is a staff writer at Salon. His work has also appeared in the Los Angeles Times, Chicago Tribune, Boston Herald and Baltimore Sun.

 

Religious freedom protects our right to worship. It doesn’t protect discrimination.

People of faith look the other way as legislators codify discrimination in the name of ‘religious liberty.’


(RNS) — As Americans, we have been entrusted with two sacred duties that arise from our Constitution: the duty to protect our faith from overreach by the government and the duty to protect our fellow Americans from overreach by the church.

For too long, people of faith have looked the other way while our leaders codify discrimination against LGBTQ Americans in the name of “religious liberty.” In the past months, that effort has been accelerated, with vile and inhumane laws being proposed in states across the country to restrict the freedoms of LGBTQ people.

More than a dozen states are moving to extend religious exemptions that would allow discrimination against LGBT people in adoption, foster care, health care and student organizations. Twenty-six states are considering bills excluding transgender youth from accessing health care. Existing protections in adoption, marriage and access to basic public services and businesses are being threatened.


RELATED: A prayer for a more just, inclusive future for LGBTQ folks in 2021


As a historian of the Baptist faith, I can say with certainty that these efforts are a perversion of the concept of religious liberty.

The Baptist tradition has long held religious liberty as a core conviction. At the same time, I am guided by that very faith which teaches that discrimination is wrong. There is no contradiction here. We are all created in God’s image. We are all called to treat others the way we would want to be treated. We are all deserving of equal rights and protection under the law. 

LGBTQ people are no exception. Our LGBTQ friends and neighbors should have the same protections as everyone else: to live their lives with safety, privacy and dignity.

Photo by Jiroe/Unsplash/Creative Commons

That is not the case today. A recent survey found that more than 1 in 3 LGBTQ Americans faced discrimination of some kind in the past year, including more than 3 in 5 transgender Americans. More than half of LGBTQ people said they experienced harassment or discrimination in a public place such as a store, transportation or a restroom. Let’s be clear: No one should be discriminated against just for being who they are. 

Freedom of religion is of course important. It’s one of our nation’s fundamental values — and that’s why the First Amendment of the Constitution already protects it. Religious liberty protects our individual right to worship how we see fit. It does not create a right to harm others. 

Today, when we advocate for the freedoms of Christians, Muslims and Jews who want to worship in countries like Saudi Arabia and China, that is a struggle for religious liberty. Refusing to bake a cake for your neighbors is decidedly not a struggle for religious liberty. In fact, it trivializes the experience of people of Abrahamic faiths who have fought, bled and in some cases died for their right to worship. 


RELATED: Bethany Christian Services to allow LGBTQ couples to adopt, foster children


With the election of a president, vice president and majority of congressmen and women who support LGBTQ equality, Americans are clearly ready for LGBTQ nondiscrimination protections nationwide. With the election of two Democratic senators from Georgia, including the Rev. Raphael Warnock, we now have a window of opportunity to pass a federal law to ensure that 13 million LGBTQ Americans are protected in every aspect of their lives, no matter what state they call home. 

The Senate should bring such a bill to a vote within President Joe Biden’s first 100 days — as he and Vice President Kamala Harris committed to do. As we stand on this threshold, embarking on a journey toward true equality for LGBTQ Americans, I call on people of faith to stand united in our support of extending equality to all.  

(The Rev. David W. Key Sr., formerly director of Baptist studies at Emory University, is the founding pastor of the Lake Oconee Community Church in Greensboro, Georgia.  The views expressed in this commentary do not necessarily reflect those of Religion News Service.)

 

Why the Equality Act is no big threat to religious freedom

If push comes to shove, expect the Supreme Court to step in.

House Speaker Nancy Pelosi of California, center, speaks about the Congress Equality Act on Feb. 25, 2021, with, from left, Sen. Cory Booker, D-N.J.; Sen. Jerry Nadler, D-N.Y.; Sen. Jeff Merkley, D-Ore.; Rep. David Cicilline, D-R.I.; Sen. Tammy Baldwin, D-Wis.; and Senate Majority Leader Chuck Schumer, D-N.Y., on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)

(RNS) — Listen to its opponents and you’d think the Equality Act, which the House of Representatives passed Feb. 25, is designed to destroy the free exercise of religion in America.

“No person of faith or religious institution, whether school, church, synagogue, mosque, business, or non-profit, will escape the Orwellian reach of the Equality Act,” said Family Research Council President Tony Perkins.

The act, claim the Catholic bishops, “codifies the new ideology of ‘gender’ in federal law, dismissing sexual difference and falsely presenting ‘gender’ as only a social construct” as well as riding “roughshod over religious liberty.”


RELATED: The Supreme Court ups the ante on religious liberty


It would, according to the Heritage Foundation, “make mainstream beliefs about marriage, biological facts about sex differences, and many sincerely held beliefs punishable under the law.”

And my favorite, from Rabbi Yaakov Menken, managing director of the Coalition for Jewish Values: “If bigots were bent on eliminating Orthodox Judaism from American soil, it is difficult to imagine a more ruthlessly efficient tool than the Equality Act.”

Woah. As the current guy says, here’s the deal:

The Equality Act would prevent discrimination against LGBT people by amending the Civil Rights Act of 1964 to explicitly include sexual preference and gender identity along with sex. Such discrimination would be prohibited in employment, housing, public accommodation, education, federally funded programs, credit and jury service.

Let it be noted that the Supreme Court, in last year’s 6-3 Bostock decision, determined that the Civil Rights Act’s existing prohibition of employment discrimination on grounds of sex already extends to sexual preference and gender identity. It’s also worth noting that the vast majority of Americans (including two-thirds of Republicans) support laws banning discrimination against LGBT people.

Here’s the issue, however: The Equality Act stipulates that the 1993 Religious Freedom Restoration Act cannot be used to obtain an exemption from the Equality Act’s discrimination prohibitions. RFRA, it states, “shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”

How big a deal is this?

RFRA requires courts to employ the standard of review known as “strict scrutiny” when a plaintiff claims that the federal government has violated the plaintiff’s religious freedom. That means the government must prove that a law or ordinance advances a “compelling” government interest and that it does so by “the least restrictive means.” 

Under the Equality Act (i.e., without recourse to RFRA), a plaintiff wishing, say, to refuse wedding services to a same-sex couple on religious grounds would be faced with a different constitutional standard, one enunciated by the late Justice Antonin Scalia in Employment Division v. Smith (1990), in which two drug rehab employees claimed taking hallucinatory peyote was a ritual of their Native American faith.

Smith, the court’s worst free-exercise decision ever, did not just do away with the court’s existing strict scrutiny standard of review; it didn’t even employ weaker established tests of “intermediate scrutiny” (furthering an “important” government interest by “substantially related” means) or “rational basis” (furthering a “legitimate” government interest in a “rationally” related way). Smith holds, baldly, that so long as a law is “neutral” and “generally applicable” it cannot be challenged on free-exercise grounds.

Why did Scalia, a devout Roman Catholic, impose so profound a limitation on religious liberty? At the time, free-exercise cases were usually brought on behalf of small religious minorities — such as the Native Americans in Smith. While Scalia agreed that laws specifically aimed at religious practices or communities should be struck down as unconstitutional, he didn’t want courts fostering a situation where, as he wrote, “each conscience is a law unto itself.”

Religious bodies and civil libertarians were appalled. Persuaded by a large coalition of them (including the Catholic Church and the American Civil Liberties Union), a nearly unanimous Congress passed RFRA with the object of requiring the Supreme Court to reinstate strict scrutiny as its constitutional standard and thereby restore religious freedom. 

The court would eventually slap down Congress’ imposition of strict scrutiny for constitutional adjudication (you don’t get to tell us how to interpret the Constitution) but allowed RFRA to apply to federal (not state) laws and ordinances. That’s why Congress has the power to make RFRA inapplicable to anti-discrimination law.

Should the Equality Act pass the Senate and be signed by President Joe Biden (as he has promised), opponents predict a parade of horribles. Menken, for example, claims that whenever a religious body avails itself of a restaurant, catering hall, funeral home or other “public accommodation,” it would be precluded from enforcing its own gender-based rules — such as, in the case of Orthodox Judaism, same-sex seating.

I’m not so sure about that. What I’d be prepared to put money on, however, is that if such a parade actually started, the Supreme Court would step in, very likely reversing Smith and restoring strict scrutiny as its free-exercise test. But we shouldn’t imagine that things would then revert to the status quo ante.

Prior to Smith, the justices were pretty deferential to the government when it wanted to declare a compelling interest in a free-exercise case. In 1986, for example, an Orthodox Jewish Air Force chaplain was denied the right to wear a yarmulke on base because of the military’s asserted need to “foster instinctive obedience, unity, commitment, and esprit de corps.”

More relevant to the Equality Act is the court’s 1983 decision upholding the IRS’ revocation of Bob Jones University’s tax-exempt status for refusing to permit interracial dating or marriage on the grounds that this was forbidden by the Bible.

Since then, the court’s deference has shifted to the religious side, as in its unanimous 2012 Hosanna Tabor decision that federal anti-discrimination laws do not apply to religious organizations’ selection of religious leaders — a decision that did not rely on RFRA at all. The readiness of the court to overturn state restrictions on in-person worship since the arrival of Amy Coney Barrett on the bench puts an exclamation point on this trend.

Under the circumstances, it might be wise for proponents of the Equality Act to consider compromising on an alternative bill, the Fairness for All Act, which was introduced in 2019 and again this year by U.S. Rep. Chris Stewart.

Modeled on a Utah law passed in 2015 with the support of both The Church of Jesus Christ of Latter-day Saints and gay rights leaders in the state, it would write protections for LGBT people into the Civil Rights Act while explicitly protecting the possibility of religious exemptions under RFRA. 

Partisans on both sides of the Equality Act hate the Fairness for All Act. So don’t be holding your breath.




Convictions upheld for British pagans who trespassed at Stonehenge
Lawyers for Lisa Mead, Maryam Halcrow and Angel Grace argued the trio had a ‘reasonable excuse’ to enter a restricted area at the prehistoric monument, based on their religious beliefs
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The World Heritage Site of Stonehenge, in Wiltshire, England, in 2013. (AP Photo/Alastair Grant, File)

MARCH 11,2021
By Emily McFarlan Miller

(RNS) — Three British pagans have lost their High Court appeal to overturn their convictions for breaching protections at Stonehenge, the iconic stone monument aligned with the movements of the sun on Salisbury Plain in Wiltshire, England.

Lawyers for Lisa Mead, Maryam Halcrow and Angel Grace argued the trio had a “reasonable excuse” to enter a restricted area at the prehistoric monument, based on their religious beliefs.

RELATED: Solstice celebrations kick off tonight, the darkest night of the year

Mead, a druid, has said she needs access to the stones to “charge her crystals to work in healing,” according to the Evening Standard. Halcrow, described by the Swindon Advertiser as a “solitary hedge witch,” reportedly told police she was there to “worship at her temple.”

Mead and Halcrow crossed a rope barrier and “no entry” sign to enter the stone circle on Feb. 4, 2018, according to a report in the Evening Standard.

On a second occasion, Mead, Halcrow and Grace, who also identifies as a druid, unlawfully entered the circle on May 6, 2018.

They were convicted in November 2018, which they appealed, eventually reaching the High Court. Lawyers claimed the convictions infringed on their freedoms of religion, expression and lawful protest.

The Evening Standard reported that the High Court ruling Wednesday (March 10) acknowledged the women’s “religious beliefs in paganism, druidism and ‘light working.’” But, it said, unrestricted access to the site “would inevitably have an adverse effect on Stonehenge to the detriment of current and future generations.”

English Heritage, which oversees Stonehenge, describes it as “a wonder of the world, a spiritual place and a source of inspiration.”

During general admission hours, entry to Stonehenge is ticketed and the stone circle is off-limits. Visitors are not allowed to touch the stones.

The World Heritage Site also hosts “managed open access days” for the summer and winter solstice and autumnal and vernal equinox, and small groups can reserve access to the stone circle outside of general admission hours. Mead has objected to the “party mood” of open access days, and Grace to the “prohibitive” cost of reserving the site, according to the Swindon Advertiser.

RELATED: Yule traditions new and old wish good riddance to 2020 at the winter solstice

Mead, Halcrow and Grace were given conditional discharges following their initial convictions, according to the BBC.

End-of-pandemic hopes rise, just in time for pagan holiday Osta

Buzz on social media is forecasting a more robust celebration this year for Ostara, the pagan holiday adapted as Easter by Christian


Photo by Arno Smit/Unsplash/Creative Commons
March 19, 2021
By


(RNS) — For many of Laurie Cabot’s neighbors in Salem, Massachusetts, the vernal equinox, the first day of spring, is a sign of hope that warmer weather will soon bring relief from a long pandemic winter spent mostly apart. For Cabot, the official witch of Salem, the day known in pagan communities as the festival of Ostara will have a more profound meaning.

Cabot is one of the trailblazers who brought the practice of witchcraft “out of the broom closet” nearly 50 years ago, in part by publishing several books, including, “Celebrate the Earth: A Year of Holidays in the Pagan Tradition,” that demystified earth-based practices.

As the founder in 2010 of the Cabot Kent Hermetic Temple — the “first federally recognized Temple of Witchcraft in the history of Salem, Massachusetts,” according to its website, Cabot has also presided over decades of Ostara rituals. But this year’s festivities will be different.

RELATED: Natural by nature, pagans expect some digital rituals to survive the pandemic



The Wheel of the Year, with eight sabbats. Image via the Cabot Kent Hermetic Temple

Ostara is one of eight sabbats, or holidays, in the Wheel of the Year, the pagan spiritual calendar. It is a time of balance — with equal hours of light and dark — and renewal. As vaccination numbers climb and pandemic restrictions are eased, this year’s celebrations will look forward to a collective re-emergence from lockdowns and quarantines. The suffocating nature of too-close quarters, loneliness and days spent staring out of windows are coming to an end.

“Ostara is a time to spring into action and sow the seeds for the rewards of the months to come,” Cabot said. “The world can see the relevance as we step forward into rebirth and a reinvention of what was. The balance comes in stepping forward with compassion, kindness, and bringing forth all of the other aspects of consciousness that give us strength and bring us closer together.”

Chas Clifton, author of “Her Hidden Children: The Rise of Wicca and Paganism in America” and a pagan practitioner for more than 40 years, expects this year’s Ostara to be celebrated with more feeling. “Largely through pagan social media, I have seen indications that this year’s Ostara will carry some extra power,” said Clifton, who is also editor of The Pomegranate: The International Journal of Pagan Studies. “Emergence from what has felt like a year of shadow life, combined with the fact that Ostara falls on a weekend this year, may make for a more robust celebration of this normally low-key festival.”

Although Christians adapted several Easter symbols from Ostara — such as bunnies and decorated eggs — it is normally one of the lesser-known pagan holidays.



Image by Rebekka D/Pixalbay/Creative Commons

“The name is a variation of “Eostre,” Clifton explained, “which, according to the English monastic chronicler Bede, was the name of a Germanic goddess who was celebrated by the pagan Anglo-Saxon people in the spring during ‘Easturmonath’ and associated with springtime and the dawn.”

Historians think that Bede may have mistaken a Germanic dawn goddess related to the Greek “Eos” for a seasonal goddess, noted Clifton. He explained that while other Christian cultures took the name for Easter from the Hebrew “Pesach,” or Passover, Germanic and English cultures employed a form of Easter.

Ostara rituals differ greatly among practitioners. While some adherents prefer solitary activities like meditation and springtime planting, others choose to celebrate in larger groups or covens.

The Cabot Kent Hermetic Temple is celebrating its own cyclical rebirth of a sort. Having lost access to the venue where its seasonal rituals had been held in the past few years, the temple is returning to the historic Hawthorne Hotel in downtown Salem (where a memorable episode of the ’60s sitcom “Betwitched” was filmed) for its Ostara celebration. The hotel is where Laurie Cabot taught some of her original classes in the 1970s.

“The few staff members who have remained at the Hawthorne all these years, as well as some new wonderful people, accepted us with open arms,” she said. “Out of something dark came something uplifting and wonderful.”


Laurie Cabot. Courtesy photo

The ritual, which will take place at the hotel on Saturday (March 20), will be streamed on Facebook Live. Penny Cabot, reverend and green minister high priestess of the temple, said the ritual will honor the goddess Rhiannon, a Welsh goddess of sovereignty, transformation and fertility, and her son, Pryderi.

A lifelong practicing witch, Penny believes that all people can derive meaning from Ostara’s traditions. “There is much that we can do, witch or non-witch, to share in sending out positive energy into the world on Ostara,” she said.

Central to all pagan practice is a deep reverence for nature. It is from the natural energy of the cosmos — the moon and sun, the four elements — that practitioners draw power and spiritual nourishment. On Ostara, that power is found through honoring the rites of spring.

Many Ostara rituals, accordingly, involve seeds and flowers. Penny Cabot suggested gathering fresh flowers, faerie cakes (or muffins), dried cranberries (to represent winter), wildflower seeds and faerie wine (a mixture of milk, cinnamon and honey).

RELATED: In lockdown, our longing for the world could be the antidote to our spiritual anorexia

“Step into your comfortable place, either outdoors or in the sunshine,” she instructed. “Bring all of your items and place them in front of you on a table or on the ground. Raise your right hand to the sky and walk, counterclockwise, in a circular motion. Say these words: ‘I bring harmony to this place.’”

After dividing the offerings into four parts, she pours four bits of faerie milk onto the ground. (If indoors, she recommends putting the parts in four small cups.) She then says, “I bring prosperity and abundance into my world. I send balance and compassion into the universe for the good of all. So it is done.”

Clifton pointed to a similar ritual from the Druid tradition composed by pagan author and priest John Beckett, which “begins with offerings of bread and water to one’s ‘ancestors of blood and spirit,’ to the land spirits, and to the Celtic mother goddess Danu.”

At the heart of the ritual is the planting of seeds. The petitioner pledges to “join in your great work creating and nurturing life and love.”


Pagan sues Panera Bread Company alleging religious discrimination

A former baker for the chain said she was told that she 'needed to find God,' according to a court filing.


A former employee of the Panera Bread in Pleasant Hills, Pennsylvania, is suing the company on grounds of religious discrimination. Screenshot from Google Maps

March 27, 2021
By Heather Greene

(RNS) — A Pennsylvania woman filed a lawsuit Wednesday (March 24) against Panera Bread Company, alleging that she was discriminated against and fired due to her pagan beliefs.

Tammy McCoy, of Clairton, Pennsylvania, was hired as a baker at the Panera location in nearby Pleasant Hills, a Pittsburgh suburb, in October 2019. According to the filing, she “never discussed her religion or religious beliefs at work” because she felt the subject was private.

Paganism is an umbrella term used for a number of different growing religious and spiritual practices centered on nature and magic.

According to the lawsuit, the subject of McCoy’s religion came up in late May of 2020, when McCoy was on break with the store’s assistant manager, Lori Dubs, and the manager, Kerri Ann Show. Show asked McCoy what her religion was, and Tammy responded, “I am Pagan.”

Show reportedly responded by telling McCoy that she was going to hell, and Dubs “vigorously nodded her head in agreement.”

The lawsuit then goes on to describe a series of other discriminatory actions. Among the complaints are that McCoy’s hours were cut, and when she asked why, she was told that she “needed to find God” before returning to her “previous schedule.” She was reportedly docked pay for breaks that she did not take.

McCoy alleged that she asked to be transferred to a different store, to which the district manager reportedly said, “No,” and, “We’re probably going to get rid of you anyways.”

A call to Panera’s corporate human resources went unanswered.

According to the lawsuit, the threats continued and turned violent at times, allegedly creating a “hostile work environment.”

On July 27, McCoy said she was told to give notice that she was leaving her job. Both she and her husband, who also worked at Panera and was not otherwise mentioned in the case, were fired, according to the suit.

The lawsuit, which was filed in a Pennsylvania federal court, states that McCoy’s civil rights were violated under Title VII of the Civil Rights Act of 1964, which prevents discrimination on the basis of race, color, religion, sex and national origin.

McCoy declined an interview. Panera did not answer a request for comment.

The Rev. Selena Fox, executive director of the pagan civil rights organization Lady Liberty League and senior minister of Circle Sanctuary, has reached out to both McCoy and Panera Bread Company.

“Pagans are continuing the quest for full equality, liberty and justice in the U.S.A. and other parts of the world,” Fox said.

“Although there have been a variety of pagan rights legal victories, unfortunately, anti-pagan prejudice, harassment, discrimination and defamation still happen.”

Lady Liberty League (LLL) was founded in 1985 during the “Satanic Panic,” when pagans were regularly confronted with similar situations at work and in their communities. “It is essential to stand up to anti-pagan hate and attacks whenever and wherever they occur,” Fox said.

Most typically, Lady Liberty League fields complaints related to “child custody, business, zoning, housing and job discrimination.”

Fox added that there has been a noticeable uptick in discrimination over the past four years.

The LLL team is “in the early stages of looking into the case,” she said, and they are concerned for McCoy and for the greater community. “Discrimination against pagans not only harms the individuals directly impacted in a case, but pagan people and society as a whole,” Fox said.

As of Friday, the organization has not spoken to McCoy or received a response from Panera’s corporate headquarters.

LLL is chiefly interested in speaking with the company’s diversity officers, said Fox, who added that she “understands an unwillingness for a company to discuss particulars of a lawsuit that is in process.

“It is our hope to be able to have direct dialogue with Panera Bread at the corporate level about the importance of stopping and preventing discrimination against pagan workers. We have had positive experiences with such conversations with other corporations and institutions we have contacted over the years.”

McCoy’s lawsuit claims that she was fully qualified to do her job and that the harassment and firing were solely due to her Pagan religious beliefs.

The series of actions taken by the store’s managers, and later by the district manager, as stated in the filing, were “committed with intentional and reckless disregard for (McCoy’s) protected rights.”

McCoy’s lawyer, Michael J. Bruzzese, is asking the federal court for a jury trial.



Suez Canal: Giant container ship Ever Given partially refloated

Sisi hails success, as local authorities say the vessel is 80 percent corrected and tugging efforts are planned to continue


It remains unclear whether the waterway would be open on Monday (Reuters)



Published date: 29 March 2021 

A giant container ship that has blocked the Suez Canal for nearly a week has been refloated, raising hopes that the international waterway will soon be clear.

The 400-metre long Ever Given had been dislodged from the banks of the Suez Canal on Monday morning, marine services company Inchcape said in a tweet.

"The MV Ever Given was successfully re-floated at 04:30," said Inchcape.

"She is being secured at the moment."

Local authorities added that the vessel was 80 percent clear, and that the next step would be to continue tugging efforts to free the vessel and direct it to a waiting area.

Egypt’s President Abdel Fattah al-Sisi said on Monday that Egyptians had succeeded in ending the crisis of the container ship stranded in the Suez Canal.

“And by restoring matters to their normal course, with Egyptian hands, the whole world can be assured of the path of its goods and needs that are carried through this navigational artery,” Sisi said on his official Twitter account.


'By restoring matters to their normal course, with Egyptian hands, the whole world can be assured of the path of its goods and needs that are carried through this navigational artery'

- Egyptian President Abdel Fattah al-Sisi

Admiral Omar Rabie, who heads the Suez Canal Authority, said on Facebook that the next steps would be to manoeuvre the ship during a high tide on Monday which will lead to the "full restoration of the vessel’s direction so it is positioned in the middle of the navigable waterway".

The Ever Given container ship, which is the size of four football pitches, has blocked the Suez Canal for the past six days, crippling international trade and causing losses worth billions of dollars.

The blockage has stopped traffic coming from both directions and forced companies to consider taking a more expensive route that diverts vessels past South Africa's Cape of Good Hope.

Rabie said that the blockage had held up more than 320 ships on either side of the canal. He added that the waterway's closure meant the Egyptians had lost at least $12m-$14m in revenue.

Lloyd's List, a shipping data and news company, said it had also seen a "surge" in vessels opting to go around Africa instead of waiting for the canal to be cleared.

Lloyd’s estimated the canal’s westbound traffic to be valued at roughly $5.1bn a day, and eastbound traffic at around $4.5bn a day.

The 200,000-tonne MV Ever Given veered off course in the Suez Canal last Tuesday, an incident officials blamed on high wind speeds and sandstorms.

But Rabie on Saturday acknowledged that "technical or human errors" led to the Panama-registered super container ship's grounding.