The World and Everything in It: December 5, 2023

PREROLL: The World and Everything in It is made possible by listeners like me. My name is Amy Beiter. I live in Clayton, Washington, and I work as a pediatric speech language pathologist. I listen to The World and Everything in It while driving in the car and when going for walks. I hope you enjoy today's program.

MARY REICHARD, HOST: Good morning! Today a legal setback for the Christian aid group World Vision.

NICK EICHER, HOST: Also the legacy of former Secretary of State Henry Kissinger. We’ll talk about it with a former member of the National Security Council.

And WORLD’s Classic Book of the Month for December. It combines swashbuckling squirrels and a Christian worldview.

NICK JENSEN: Padra put a paw on Crispin’s shoulder. ‘It’s little Prince Tumble,’ he said, and his voice was low with trouble. ‘Crispin, he’s dead.’

And WORLD Opinions commentator Daniel Suhr on a Christian school pushing back on the LGBTQ agenda.

REICHARD: It’s Tuesday, December 5th. This is The World and Everything in It from listener-supported WORLD Radio. I’m Mary Reichard.

EICHER: And I’m Nick Eicher. Good morning!

REICHARD: Up next, Kent Covington with today’s news.

SOUND: [Gaza fighting]

KENT COVINGTON, NEWS ANCHOR: 

Israeli assault » It is day-60 of the war between Israel and Hamas.

SOUND: [Gaza fighting]

A firefight heard there between Israeli Defense Forces and Hamas militants in Gaza.

HAGARI: [Speaking Hebrew]

IDF spokesman Daniel Hagari says fighter jets also struck across Gaza Monday. He described the operations as “precise, and intelligence-based strikes” hitting Hamas strongholds.

Israel's military called for more evacuations in southern Gaza as it expands its offensive.

SOUND: [Gaza hospital]

Gaza civilians » But U.N. officials say people are running out of safe places to go as a humanitarian crisis worsens by the day.

Outside a hospital in southern Gaza:

SOUND: [Gaza hospital]

Local residents rushed the wounded into an emergency room with a crowd spilling out the front door.

Mirjana Spoljaric is president of the International Committee of the Red Cross. She said that visited that hospital and said the suffering was hard to describe.

SPOLJARIC: What shocked me the most were the children with atrocious injuries and at the same time having lost their parents with no one looking after them.

U.S. officials continue to press Israel to work harder to curb civilian deaths and injuries. And they say Israeli forces are trying, but it’s a challenging task as Hamas deliberately hides among civilians.

Hamas hostages » Meantime, Israeli families of hostages being held by Hamas continue to hold out hope. But U.S. Sen. John Cornyn says regrettably,

CORNYN: I don’t think Hamas is ever going to completely give up their hostages because they believe in using them as human shields against an attack by Israeli forces.

But there may be another reason. The U.S. government believes Hamas is refusing to release some women and children, because they would reveal abuses at the hands of their captors.

And Israeli Gov. spokesman Eylon Levy told reporters:

LEVY: We hear the silence of international institutions, about the barbaric sexual abuse of Israeli women and girls. And that deliberate silence is complicity.

Hamas is believed to still be holding well over a hundred hostages.

Ukraine funding / Zelenskyy » Ukrainian President Volodymyr Zelenskyy will address U.S. senators by video today during a classified briefing.

That follows a White House warning to Congress that funds for aid to Ukraine will run dry by the end of the year.

National security adviser Jake Sullivan said Congress has a choice to make as to whether it will defend freedom.

SULLIVAN: Or whether Congress will ignore the lessons we’ve learned from history and let Putin prevail. It is that simple. It is that stark a choice. And we hope that Congress on a bipartisan basis will make the right choice.

President Biden has requested more than $100 billion to cover several priorities including aid for Ukraine.

Terror attack thwarted » In Las Vegas, law enforcement officers say they thwarted a potential terrorist attack. WORLD’s Josh Schumacher has more.

JOSH SCHUMACHER: In social media posts on Tuesday, a 16-year-old suspect declared intentions for "lone wolf operations" in the city, targeting “enemies of Allah.”

Quick action by the FBI Joint Terrorism Task Force and Las Vegas police identified and located the suspect. SWAT teams raided the teenager’s residence and found explosive device components and ISIS propaganda.

The suspect faces numerous terror-related charges.

For WORLD, I’m Josh Schumacher.

Former U.S. diplomat charged » Former U.S. diplomat Manuel Rocha has been charged with serving as an undercover agent for the Cuban government working in the U.S. government.

Attorney General Merrick Garland:

GARLAND: The complaint alleges that roaches sought out and used his positions within the United States government to support Cuba's clandestine intelligence gathering mission against the United States.

Authorities arrested Rocha in Florida as part of an FBI counterintelligence investigation.

Rocha was an ambassador for more than two decades, mostly during the Cold War in Latin America.

He represented the U.S. in Cuba during the years Fidel Castro led the Communist government.

Burgum out » The Republican presidential field is narrowing once again.

Burgum: One thing that I'll do as President, I'll secure the border, I'll get this economy sprinting, not crawling like it is right now.

North Dakota Governor Doug Burgum, heard there in the first GOP debate back in August  has pulled the plug on his campaign after failing to qualify for tomorrow night’s debate.

The two-term governor’s campaign for president never really gained traction. He was polling at less than 1% in recent GOP polls.

I'm Kent Covington.

Straight ahead: religious liberty and customer service. Plus, the Classic Book of the Month for December.

This is The World and Everything in It.

MARY REICHARD, HOST: It’s Tuesday, December 5th, 2023. This is The World and Everything in It. Good morning, I’m Mary Reichard.

NICK EICHER, HOST: And I’m Nick Eicher.

First up, a setback for the religious liberty of Christian nonprofits.

Last week, a district court in Seattle ruled against the Christian aid group World Vision. The legal issue was whether World Vision violated Title VII of the Civil Rights Act and state law by making employment decisions based on religious principles, particularly on sexuality and marriage. The judge decided that the conduct of World Vision back in 2021 did violate those laws.

REICHARD: What does this mean for other Christian nonprofits that want employees to follow codes of conduct?

Joining us now to explain is WORLD’s religious liberty beat reporter, Steve West.

Good morning, Steve.

STEVE WEST: Good morning, Mary.

REICHARD: Some background: what led up to World Vision’s day in court?

WEST: Back in late 2020, the ministry advertised a customer service representative position. That’s someone who would spend most of their time fielding calls from donors and supporters. A woman by the name of Aubry McMahon applied and got the job. But before she came on board, she sent an email to the ministry asking about maternity leave, mentioning that she and her wife were having a baby. That’s when the ministry rescinded the job offer, as McMahon couldn’t comply with the ministry's standards of conduct because she was in a same-sex marriage. Some months later, she sued, alleging discrimination based on sex, sexual orientation, and marital status.

REICHARD: You discovered that the judge flip-flopped from an initial ruling to the one he just handed down. What did that change involve and how did he explain it?

WEST: Initially the judge dismissed the lawsuit based on the church autonomy doctrine. That’s a principle courts have derived from the First Amendment that limits court second-guessing of theological or ecclesiastical issues. But then when he reversed course six weeks later, he didn’t spend time explaining why he had the change of heart. Last week, he just reaffirmed that ruling, rejecting all of World Vision’s remaining arguments. He just said the doctrine didn’t apply because the policy discriminated based on sexual orientation. It’s as if that claim is a trump card even over a constitutionally-derived doctrine.

REICHARD: What recourse does World Vision have?

WEST: They can appeal to the 9th U.S. Circuit Court of Appeals—historically very liberal but less so in recent years. That’s the same court that earlier this year upheld the right of a Fellowship of Christian Athletes student group to require that its leaders be Christians. The case could also eventually wind up at the Supreme Court.

REICHARD: Does this ruling affect other Christian nonprofits or just World Vision?

WEST: This ruling binds only World Vision in regard to Aubry McMahon. Even another district court judge in the same district could rule differently. But it can have a persuasive effect on other courts around the country, and it’s almost certain that similar claims will be brought by existing employees in same-sex relationships or applicants.

REICHARD: How does Supreme Court precedent inform this situation?

WEST: A majority of the court would likely rule in favor of World Vision if the case makes it there. Last year the Supreme Court declined to hear a very similar case involving Seattle United Gospel Mission, but Justices Samuel Alito and Clarence Thomas said the day would soon come when the court had to address the issues the case presented. Back in 2020, in the Our Lady of Guadalupe School case, the court upheld the right of a Catholic elementary school to fire two teachers based on the ministerial exception defense. It said the teachers performed a vital religious function—even though they didn’t teach religion. They prayed with the classes and modeled Christian living. That precedent bodes well for a ruling in World Vision’s favor.

REICHARD: What can Christian non-profits do now to protect their organizations?

WEST: There’s no silver bullet, but religious nonprofits can make sure that job titles, descriptions, and to the extent practical, employees’ actual work is imbued with the organization’s religious character and mission. Here, the court pointed to a job description which sounded like one any secular organization could have. In practice, as ministry representatives testified, people in these positions were the face of the organization. They were encouraged to pray for donors where appropriate, lead team devotions, and even chapel services. These folks are an important, outward facing part of any nonprofit.

REICHARD: Steve West is a legal reporter for WORLD, and you can keep up with stories like this in his weekly Liberties newsletter. We’ve included a link in today’s show notes.

Thank you, Steve!

WEST: Thank you, Mary.

NICK EICHER, HOST: Coming up next on The World and Everything in It: the political legacy of former Secretary of State, Henry Kissinger.

Few diplomats have had as much influence on American foreign policy for as long as Kissinger.

While he is most noted for serving as Richard Nixon’s National Security Advisor and Secretary of State, Kissinger advised a total of 12 presidents in various capacities from John F. Kennedy to President Joe Biden.

MARY REICHARD, HOST: Even in retirement, Kissinger continued to meet with foreign leaders. Just this summer, Kissinger visited China for an audience with Chinese President Xi Jinping. Audio here from NBC News.

HENRY KISSINGER: It is extraordinarily courteous of you to arrange the meeting where my first meeting with a Chinese leader took place.

Kissinger reflecting on how his first visit and last visit to China ended up in the same room.

EICHER: Joining us now to talk more about Kissinger’s legacy is William Inboden. He served on the National Security Council under President George W. Bush and is now a professor at the University of Florida. He’s also a regular contributor to World Opinions.

REICHARD: Will, Good morning.

WILLIAM INBODEN: Morning Mary, great to be with you.

REICHARD: In your World Opinions article last week, you note that Kissinger was the first and, so far, only person to serve as National Security Adviser and Secretary of State for several years in the 1970s. He was a remarkable diplomat. Where did he come from? And what are a few key things that shaped his approach to foreign policy?

INBODEN: Yeah, he has in addition to this remarkable diplomatic career, just a remarkable American story. You know, so he was born in Germany. He came of age in a Jewish family in Germany in the 1930s, when he and his family were subjected to growing anti-semitism and persecution from the Nazi party there. And then they fled as refugees to the United States in 1938, just ahead of Hitler implementing the Holocaust and its efforts to exterminate all of European Jewry. And Kissinger started to develop this worldview which prioritizes the importance of order and stability, because he had seen that when order and stability breaks down, as it had in Germany, with with chaos with hyperinflation, with rampant crime, that people will sometimes turn to a strong man, in this case, the most extreme version of a strong man in Adolf Hitler and the Nazi Party. And that, of course, led to the near destruction of the world. And so that was one of the foundational tenets for Kissinger's foreign policy is preserving order and stability in the world. Because even though that may not be the best outcome, it helps prevent the worst outcomes.

EICHER: One thing Kissinger is noted for is the way he embodied realpolitik. politics focused on practical factors rather than ideals. Why did that matter during the Cold War?

INBODEN: Yeah, this is where we need to appreciate Kissinger in his historical context. So when and when he joins the Nixon administration at the beginning of 1969, the Cold War was not going very well for the United States. We were in the awful quagmire of the Vietnam War, a war we eventually lost. The Soviet Union was beginning its decades long ascendancy of having, first, military parity with the United States, and then more military power with the United States. American credibility was weakened, our allies were starting to lose faith in us. And it seemed like the free world was losing. And so Nixon and Kissinger did not believe in the possibility of actually winning the Cold War. It later took, of course, President Ronald Reagan to come in with that vision. But they were looking for ways to stop the bleeding, if you will, to stop the losses to restore some sort of stability and equilibrium, or eventually, the term became detente in the Cold War, so that it would be a stalemate of sorts. Again, not an outcome that I over, overall favored, but. considering the alternatives of continuing to lose the Cold War and fall further behind, what they did, I think, was a classic move of realpolitik, of “let's get the best outcome we can among the bad set of available options.”

EICHER: Kissinger was often criticized for this. Some, particularly on the political left, even went so far as to accuse him of war crimes, calling him a war criminal. In light of that realpolitik, talk a bit about Kissinger’s human-rights record and how is that more broadly significant as it pertains to American diplomacy?

INBODEN: Yeah, this is getting where it's a complicated story. So I will certainly defend Kissinger against some of the worst charges of you know, a war criminal or enthusiast for genocide or some other awful things like that. But some of the criticisms do have more than a grain of truth. For example, when he was working on the big strategic opening to China with Richard Nixon in 1972, again, a diplomatic masterstroke that depended on partnership with Pakistan. But that also meant that Nixon and Kissinger, you know, quietly supported Pakistan's near genocide in East Pakistan during the war for what became independent Bangladesh and I, I can't excuse that. I do find that a really appalling part of his record. So the critics do have some legitimate concerns here, even if I do think they take the charges way, way too far.

REICHARD: The New York Times noted on Thursday that this is the end of an era for US-China relations. We now know that Kissinger secretly visited Beijing in 1971, and he would visit the country over 100 times. That last trip–as we noted a few minutes ago–came in July, just a few months before he turned 100!

So Will, what characterizes the “Kissinger era” of U.S.-China relations?

INBODEN: Yeah, very good question, Mary. So I would say it started off with a promising favorable step, which was absolutely warranted and the right thing to do at the time, again, of Nixon and Kissinger opening America's relationship with China, bringing China in as a partner against the greater enemy at the time, which was the Soviet Union and soviet communism. And this did eventually play a part in Reagan then coming to power and bringing about America's peaceful victory in the Cold War and defeating the Soviet Union. And so that part of US-China relations I think Nixon and Kissinger got right, and there was a great benefit to the United States and the overall free world. But in geopolitics, sometimes an initially good decision can contain the seeds of later challenges, and where I think Kissinger later erred was not recognizing that the Chinese Communist Party, once the Cold War ended, shifted to a posture of more antagonism towards the United States, of wanting to maintain its own monopoly and power and erode American influence in the world. He didn't realize that we needed to recalibrate and now realize that China had gone from being a temporary partner to a more significant adversary, as they are now.

EICHER: Will, one thing you have in common with Mr. Kissinger is your service on the National Security Council. During your time in that role, did you have a chance to form first-hand impressions of him?

INBODEN: Yes, so I had the chance, I would never became close to Dr. Kissinger, but certainly had a chance to meet with him a few times, both when I was serving at the White House to the National Security Council staff, and then, later in recent years, as a scholar. I'm even honored to be affiliated with the Henry Kissinger Center for Global Affairs at Johns Hopkins School of Advanced International Studies. And he was someone who, whether I agreed with him or disagreed with him, I always found him interesting. I always found him insightful. I always found that he brought a deep historical consciousness and sensibility and of course, incomparable policy experience to any particular, you know, set of policy issues that we were wrestling with that I was trying to think through or that you know, the President was or my colleagues were as well. And so he's someone that you, you always, I think, did well to consult, even if ultimately you didn't follow the particular advice that he was he was going to give. There's a reason that every president from Kennedy on up to Biden at least wanted to hear what does Kissinger say. And that in some ways, is the ultimate compliment.

REICHARD: We are once again in dangerous times as far as foreign policy is concerned. Is there anything else you think should be remembered about Kissinger’s legacy as America moves forward without him?

INBODEN: Yeah, yes, Mary and I'm glad you bring it up, because as we know from recent discussions, and certainly the daily headlines, is the Middle East is aflame again, right? And Israel, of course, facing the existential threat of Hamas being sworn to its destruction, Iran being sworn to its destruction, and the United States trying to do our part to support Israel, but facing some crosscurrents there. And this is where I think one of Kissinger's more important, underappreciated legacies is how he substantially increased America's influence in the Middle East, going back to 1973 when the Yom Kippur War had broken out, and Israel's Arab enemies launched a surprise attack against it. Kissinger, perhaps more than anyone else in American government, ensured that the United States came to Israel's aid, provide Israel the military assistance that it needed to defend itself and ensure its survival. And I think that is very much a favorable part of his legacy. But now, once again, you know, the particular circumstances are different, but Israel is once again facing significant challenges to its very existence and is in need of American support. And I think it's in, certainly Israel's interest, but also America's interest, as Kissinger recognized 50 years ago to maintain a strong U.S.-Israel partnership and to support Israel during its time at peril.

REICHARD: William Inboden is a professor at the University of Florida and a regular contributor to World Opinions. Will, thanks for joining us!

INBODEN: Thank you, Mary. It's a pleasure to be with you as always.

AUDIO: Air 11 with you.

NICK EICHER, HOST: That’s a news crew in a chopper flying over the Hudson in New York City. The pilot noticed something different about sunrise that day. The sound here from PIX-11 News.

AUDIO: Actually, that’s kind of nice actually.

Twice a year, the sun rises or sets in line with the city’s grid, so that the sunshine runs straight from one side of the city to the other.

That’s because the Big Apple’s grid is 30 degrees from true North. Similar in effect to Stonehenge.

Two decades ago, Neil DeGrasse Tyson had a name for it, and it’s stuck. Here he is in a video from 2013:

TYSON: These alignments are not made of stone. They're made of buildings. And Manhattan is about buildings, and so I just thought of calling it Manhattanhenge.

It turns out even world-weary New Yorkers can still be awestruck.

AUDIO: I don't know, Tom, is that spectacular?

It’s The World and Everything in It.

NICK EICHER, HOST: Today is Tuesday, December 5th. Thank you for turning to WORLD Radio to help start your day. Good morning. I’m Nick Eicher.

MARY REICHARD, HOST: And I’m Mary Reichard. ‘Tis the season for finding good books to give family and friends at Christmas.

WORLD reviewers have recommended plenty of great books in the past year–both on this podcast and in the pages of WORLD Magazine.

And because we’re in a giving mood, we’ve created a short list of our favorite gift book ideas. You can find that entire list linked in today’s show notes.

EICHER: One book on that list we’ll turn to now–December’s Classic Book of the Month.

WORLD’s Emily Whitten has a review of the first book in a children’s series that isn’t as well-known as Redwall or the Chronicles of Narnia, but has similar appeal.

JENSEN: The wood for their bonfire was ready to light now, stacked up so high that Urchin knew he had to climb it. He was old enough to manage it, and young enough to want to.

Urchin of the Riding Stars is Book One of the Mistmantle Chronicles by M.I. McAllister. It’s a beautifully written fantasy series for kids ages 9-12 that first came out in 2005.

JENSEN: Springing swiftly from one branch to the next, twirling his tail to balance himself, he reached the very top, gripped his hand claws, and dusted moss from his fur.

The plot revolves around a young squirrel named Urchin. When his mother dies on the night of his birth, he’s adopted by a sweet but slightly dense mother squirrel. Years go by, and one day, just before all of Mistmantle island gathers to watch “riding” or shooting stars, Urchin gets an invitation to the king’s palace from Captain Crispin, his hero.

JENSEN: ‘You could come to the tower,’ said Crispin. ‘Captain Padra and I are going to Brother Fir’s turret room to watch from there. Probably the best view of the island. You’re invited, if you’d like to join us.’ Urchin felt a shiver of joy through his fur even though he was sure he must have misheard. He opened his mouth but nothing came out. Finally he managed to say, ‘Me, sir? The tower?’

That night, Urchin becomes Captain Crispin’s page or servant, but tragedy soon mars his stay in the palace. Padra, a wise otter and father-figure to Crispin and Urchin, delivers bad news.

JENSEN:  Padra put a paw on Crispin’s shoulder. ‘It’s little Prince Tumble,’ he said, and his voice was low with trouble. ‘Crispin, he’s dead.’ The words hit Urchin so hard that he couldn’t understand them. It couldn’t be. The prince was young and full of life. ‘No!’ said Crispin. ‘How?’ ‘That’s the worst,’ said Padra. ‘He was murdered.’ Urchin gasped.

As more tragedy unfolds, Urchin and Padra know Captain Husk is behind much of the evil, but it will take courage and perseverance to set things right.

ROSENBURG: My oldest daughter was really into Red Wall and so I was definitely looking for something for her to read next and somebody had recommended this. 

Thea Rosenburg is a Christian author and mom of three. She writes for outlets like The Rabbit Room and Deeply Rooted Magazine as well as her own book review website.

ROSENBURG: And so I picked it up and I was just reading it through on my own and just loved how it's, it's such a beautifully written book that weaves in this gorgeous Christian worldview into the story.

Narnia comes to mind when talking about the Christian worldview of Mistmantle Chronicles, but Rosenberg says it’s more like the recent Green Ember series.

ROSENBURG: The swashbuckling animals and like a fantastical world where there are feasts and abbeys and castles and you know, the evil is so clearly evil in all of those stories. And I think that that's such a, a refreshing thing, I think for a lot of young readers to see these really clear villains who are complicated. It's not always like they're two dimensional, but there is a lot, it, it's very clear like who you're rooting for in the story.

Young boys and even some reluctant readers may appreciate the strong but relatable heroes and colorful villains, as well as the fast-moving plot. But girls won’t feel left out either. There’s plenty of nuance in female characters like Urchin’s mom, Apple, and Lady Aspen, who feels a bit like the evil queen in Snow White.

JENSEN: She crossed the mirror, smoothed her fur, and fluffed her ear tufts with a tiny brush. Then she took the bracelet from her forepaw and, to see how it looked, placed it on top of her head, between her ears. ‘Queen Aspen,’ she whispered to her reflection.

Rosenberg says the whole family can enjoy this series, making it a great choice for kids to read by themselves or for families to read aloud with one qualifier.

ROSENBURG: I think the one caution would be that there are some dark themes in there, like the evil can be kind of scary and it does, touch on like the death of children and stuff, especially in the first book.

So, if you’ve got sensitive readers, maybe hold off until they’re a little older. In addition to a number of murders, there’s an undefined evil feeling or spirit under the palace that seeks to deceive and entrap the bad characters. No witches or witchcraft, though. And we see pro-life, Christian values at work in many ways, especially as our heroes rescue animals who would have been euthanized for physical defects. Plus, elements like priests and a God-figure known as “The Heart” fit naturally with the book’s medieval setting and the author’s focus on humility.

ROSENBURG: And so recognizing that they are a part of something bigger than just themselves. Even though Urchin has this sense of sort of destiny, he isn't doing that alone.  He has people like Crispin around him, he has The Heart above him. He has his foster mother and his friends and all these people that come alongside him and help him accomplish the things he needs to accomplish.

One last note—when Purple Hill Press brought the book back into print in 2021, they included new illustrations by Christine Enright. The delightful covers have a classic feel, and the pencil drawings marking each chapter are sweet and inviting. All of this makes a powerful package.

If you’re looking for a great gift book for kids 9-12, I highly recommend our Classic Book of the Month, Urchin of the Riding Stars by M. I. McAllister. Just try not to start reading it before you wrap it.

I’m Emily Whitten.

JENSEN: ‘Companion to the King,’ he repeated to himself. ‘Urchin of the Riding Stars.’ He wondered where he had come from, and what his future would be. And from their place on the rocks, Padra, Crispin, and Fir looked down at the pale young figure on the shore, and they, too, wondered what he would become.

MARY REICHARD, HOST: Today is Tuesday, December 5th. Good morning! This is The World and Everything in It from listener-supported WORLD Radio. I’m Mary Reichard.

NICK EICHER, HOST: And I’m Nick Eicher. Up next, forcing compliance to LGBTQ ideas at the expense of religious liberty.

And in that regard, a recent lawsuit in Vermont is worth watching. Here’s WORLD Opinions commentator Daniel Suhr.

DANIEL SUHR, COMMENTATOR: Less than a decade after Justice Anthony Kennedy promised in Obergefell that people of faith could retain their convictions after the imposition of gay marriage, that promise is turning out to be empty—particularly in one state. The state of Vermont’s school sports league has decided to exclude Mid-Vermont Christian School from its competitions to force the school to include boys on girls’ sports teams. And Vermont’s education agency has denied Mid-Christian’s eligibility for a state scholarship program in order to force the school to hire LGBTQ persons as teachers.

The legal team at the Alliance Defending Freedom is suing Vermont, arguing that the state’s policy violates the First Amendment, which promises faith-based institutions the right to practice their religion. And they have strong legal claims. In the past several years, the Supreme Court has handed down several decisions validating the religious liberty of Christian schools.

In Trinity Lutheran, for instance, the Court said that Missouri could not exclude a Christian school from a program that provided safer playground surfaces. That led to Espinoza, where the Court said that Montana could not discriminate against religious schools in its tax-credit scholarship program simply because they were religious. Next came Carson, where the Court told Maine that it could not discriminate against religious schools if scholarship funds went into a general pot to operate the school.

Mid-Vermont’s case asks the next question in line from these important building blocks. If a school cannot be excluded because of its religious uses of funds, can it be excluded because of its religious beliefs, namely those around human sexuality?

The answer is not obvious as a matter of law. On its face, Vermont’s is a neutral law that applies across the board: All schools must not discriminate based on sexual orientation or gender identity when hiring staff. In a case called Employment Division v. Smith in the early 1990s, the Supreme Court held that the First Amendment’s free exercise clause does not protect someone with a religious belief that goes against that kind of neutral law of general applicability.

It is a decision many conservatives have questioned, if not outright criticized, since its issuance, and many efforts have been undertaken to overturn it. The Supreme Court has pulled back from it by often asking whether a supposedly neutral law targets religious people. That seems like an obvious argument to take here, where the State of Vermont decided to impose this new regulation to force religious schools into compliance or out of the program.

Of course, that is the saddest part of this story—that in its single-minded quest to impose its sexual ideology, Vermont chose to railroad the religious liberty of its schools. It knew some Christian schools would refuse to bend the knee, even if it cost them much-needed students and scholarships. Still, Vermont chose to inflict that pain to express its displeasure with their adherence to long-standing Christian orthodoxy on sex.

That is not the attitude that a good and gracious America has historically taken, where we have celebrated religious tolerance and religious diversity. What a loss. Let us hope that Alliance Defending Freedom emerges victorious and helps undue the consequences of Employment Division v. Smith.

I’m Daniel Suhr.

NICK EICHER, HOST: Tomorrow: Washington Wednesday! Congress is divided over foreign aid, and the House finally took the step of expelling Congressman George Santos.

And, pining for the holidays at a Christmas tree farm in Kentucky.

That and more tomorrow.

I’m Nick Eicher.

MARY REICHARD, HOST: And I’m Mary Reichard.

The World and Everything in It comes to you from WORLD Radio. WORLD’s mission is biblically objective journalism that informs, educates, and inspires.

The Apostle Paul wrote to Titus, tasked with restoring order to churches in Crete: “As for a person who stirs up division, after warning him once and then twice, have nothing more to do with him, knowing that such a person is warped and sinful; he is self-condemned.” —Titus 3:10

Go now in grace and peace.

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