Category : Law & Legal Issues

(NC Register) Hawaii becomes the seventh state to legalize physician-assisted suicide

“Nana, how is suicide okay for some people, but not for people like me?”

Eva Andrade’s teenage grandson, who had previously been hospitalized for suicidal ideation, had asked his grandmother that question recently: Hawaii became the seventh state to legalize physician-assisted suicide April 5, a year after a previous legislative attempt.

Proponents claimed the law would give people with terminal illnesses (and a diagnosis of less than six months to live) the personal autonomy to make that decision. The teenager did not see why the circumstances made a big difference for one group having the legal right to end life on their own terms, while others did not.

“This is a 15-year-old child making this connection on his own, just based on the conversations he was hearing,” Andrade said.

Andrade, spokeswoman for the Hawaii Catholic Conference, told the Register that the “Our Care, Our Choices Act,” which goes into effect Jan. 1, 2019, threatens negative social repercussions and will have a “very detrimental effect on our community.”

Read it all.

Posted in Aging / the Elderly, America/U.S.A., Anthropology, Children, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Pastoral Theology, Psychology, State Government, Theology

(Church Times) Church in Salisbury to host ‘service of cleansing’ after the poisoning of the Skripals

A church in Salisbury will host a “service of cleansing and celebration” after the poisoning of the former Russian spy Sergei Skripal and his daughter, Yulia, in the city last month.

St Thomas’s, in the centre of Salisbury, will hold the service at 3 p.m. on Sunday, metres away from the site of the bench where the Skripals were found outside the Maltings shopping centre. The Rector of St Thomas’s, the Revd Kelvin Inglis, said that the service would end with a procession to the spot where the pair were found.

The Skripals are believed to have been poisoned with the nerve agent Novichok, and the fallout from the attack on them has resulted in the expulsion of Russian diplomats from the UK and its allies, since the Government concluded that it was “highly likely” that the blame lay with Moscow (News, 16 March23 March). More than 20 countries around the world expelled Russian diplomats: the UK required 23 to leave; and the United States, 60.

On Tuesday, it was reported that Ms Skripal had been discharged from hospital, and that Mr Skripal was also making good progress and would leave “in due course”.

Read it all.

Posted in Church of England (CoE), England / UK, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Parish Ministry, Pastoral Theology, Police/Fire, Russia

(Christian Today) Bishop and senior clergyman join calls for Church of England to lose equalities exemptions

The Church of England should lose its protections under the Equalities Act that allow it to discriminate against people on the basis of their sexuality, a bishop and senior clergyman have said today.

Paul Bayes, the bishop of Liverpool, and David Ison, the dean of St Paul’s Cathedral, both backed Jeremy Pemberton, a…priest who was blocked from being a hospital chaplain after marrying his [same-sex] partner.

Read it all.

Posted in * Economics, Politics, Church of England (CoE), CoE Bishops, Law & Legal Issues, Religion & Culture

Diocese of Fort Worth to Appeal recent Ruling to the Texas Supreme Court

From there:

On April 5, 2018, the Second Court of Appeals issued its long-awaited Opinion in our dispute with TEC over the ownership of our church property, and it essentially reversed the previous trial court ruling in our favor (dated July 2015). After review by our legal team, we have concluded that this most recent appellate court opinion is not consistent with what the Texas Supreme Court previously decided when it addressed this controversy in 2013 and that we will appeal it.

In reversing the original trial court ruling in favor of TEC’s claims, the Supreme Court instructed the trial court to rehear the case and to use neutral principles of law in reaching a conclusion, instead of deference to TEC. This means that Texas laws concerning corporations, property, trusts, and unincorporated associations are to direct the outcome of the lawsuit.

The Texas Supreme Court ruled in the Masterson case (No. 11-0332) that:

  • Changes made to “articles of incorporation or bylaws are secular, not ecclesiastical, matters.” (page 25)
  • “…[W]e have held that Texas courts cannot simply use deference or identity methodology principles to resolve this type of issue.” (page 27)
  • “…[I]dentifying the loyal faction” does not “determine the property ownership issue under this record, as it might under the deference or identity methodology.” (page 27)

We are disappointed that the appellate court chose to decide this as an identity case. We remain hopeful that we will prevail under neutral principles of law should the Texas Supreme Court address this controversy for the second time. We will file a petition for review in May or June but will likely not know whether the Court will take the case for decision until late this year or early 2019.

In the meantime, everything remains as it has been, as we continue to wait for a conclusion to this tiresome litigation now entering its tenth year before the courts. Our trust is in the Lord Jesus Christ alone, and we rely upon His grace to sustain us with faith and patience in the months to come. Please continue to pray for our legal team and for the justices who will address our petition.

Posted in Ethics / Moral Theology, Law & Legal Issues, TEC Conflicts: Fort Worth

(AFP) China enforces ban on online Bible sales

Bibles have been pulled from Chinese online retailers in “recent days”, merchants told AFP on Friday, as Communist authorities ramp up control over religious worship.

The clamp down on “illegally published books” also comes as the Vatican and Beijing negotiate a historic agreement on the appointment of bishops in China

“Bibles and books without publication numbers have all been removed in recent days,” a merchant on Chinese e-commerce platform Taobao told AFP, without giving details on how authorities have enforced the ban.

Read it all.

Posted in Blogging & the Internet, Books, China, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture

(NYT The Upshot) In 83 Million Eviction Records, a Sweeping and Intimate New Look at Housing in America

Before the first hearings on the morning docket, the line starts to clog the lobby of the John Marshall Courthouse. No cellphones are allowed inside, but many of the people who’ve been summoned don’t learn that until they arrive. “Put it in your car,” the sheriff’s deputies suggest at the metal detector. That advice is no help to renters who have come by bus. To make it inside, some tuck their phones in the bushes nearby.

This courthouse handles every eviction in Richmond, a city with one of the highest eviction rates in the country, according to new data covering dozens of states and compiled by a team led by the Princeton sociologist Matthew Desmond.

Two years ago, Mr. Desmond turned eviction into a national topic of conversation with “Evicted,” a book that chronicled how poor families who lost their homes in Milwaukee sank ever deeper into poverty. It became a favorite among civic groups and on college campuses, some here in Richmond. Bill Gates and former President Obama named it among the best books they had read in 2017, and it was awarded a Pulitzer Prize.

But for all the attention the problem began to draw, even Mr. Desmond could not say how widespread it was. Surveys of renters have tried to gauge displacement, but there is no government data tracking all eviction cases in America. Now that Mr. Desmond has been mining court records across the country to build a database of millions of evictions, it’s clear even in his incomplete national picture that they are more rampant in many places than what he saw in Milwaukee.

Read it all.

Posted in Books, City Government, Economy, Ethics / Moral Theology, Housing/Real Estate Market, Law & Legal Issues, Politics in General, The Banking System/Sector

(COEiP) Church of England Bishops highlight consequences of the two-child limit in letter to The Times and blog post

Sir, Today the “two-child limit” policy, which restricts tax credit and universal credit to the first two children in a family, has been in place for a year. The policy is making it harder for parents to achieve a stable and resilient family life. By 2021, 640,000 families will have been affected. Most are low-earning working families, most have three children and some will have made decisions about family size when they were able to support children through earnings alone, but later claimed tax credits or universal credit after bereavement, redundancy, separation, disability, illness or simply low pay.

The policy is expected to tip an estimated extra 200,000 children into poverty. It also conveys the regrettable message that some children matter less than others, depending on their place in the sibling birth order.

It is a grave concern that there are likely to be mothers who will face an invidious choice between poverty and terminating an unplanned pregnancy

Read it all.

Posted in Anthropology, Children, Church of England (CoE), CoE Bishops, England / UK, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Theology

(BC Catholic) The little-known story about one aspiring Trinity Western University law student who stood up for marriage and his Faith

News about Trinity Western University’s attempts to open a Christian law school, and the ensuing battles in the courts and the media, has spread across the country many times over.

The Law Society of B.C. has opposed the law school because of TWU’s community covenant asking students to abstain from sex outside marriage between a man and a woman.

But few know the story of one aspiring law student from Surrey who agreed to lend his name to the case, even though it could ruin his chances of ever being accepted to law studies.

“Everyone has choices to make on a regular basis on whether or not they will stand up for their faith,” said 29-year-old Brayden Volkenant.

Read it all.

Posted in --Civil Unions & Partnerships, Anthropology, Canada, Education, Law & Legal Issues, Marriage & Family, Pastoral Theology, Religion & Culture, Sexuality, Theology, Theology: Scripture

(Church Times) [Bishop of Chichester] Martin Warner–Safeguarding: what we got wrong, and the steps we are taking to put it right

The diocese of Chichester was used as a case study for inquiring into child sexual abuse in the Church of England. Some have wished to claim immunity from our failings, regarding us an aberration and unlike more “normal” dioceses.

More careful consideration, however, suggests that what happened here was characterised by attitudes that were not unknown elsewhere.

If, for example, we look at the case of one highly manipulative offender, Roy Cotton, factors emerge at an early stage that might account for why no effective disciplinary action was taken against him.

First, academic snobbery: Cotton was an Oxbridge graduate. Second, social snobbery: he worked in an independent preparatory school before ordination.

Third, manipulating episcopal patronage: he was exempted from selection scrutiny and spent only one term in training. After being ordained in his home diocese and serving a curacy there, he moved to Chichester with a glowing reference from his bishop, and subsequently moved from one parish to another with apparent ease.

Fourth, at the end of his ministry in Chichester, he was dealt with leniently in old age because of illness and infirmity….

Read it all.

Posted in Anthropology, Children, Church of England (CoE), CoE Bishops, England / UK, Ethics / Moral Theology, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Religion & Culture, Sexuality, Teens / Youth, Theology, Violence

A Globe and Mail profile Story of the medically assisted suicide of a Couple Married 73 years, the Brickendens

The Brickendens are one of the few couples in Canada to receive a doctor-assisted death together, and the first to speak about it publicly.

They wanted to explain what it meant to them to die at a time and place of their choosing, as at least 2,149 Canadians and likely hundreds more have done since assisted dying became legal in this country.

The Brickendens are at the vanguard of patients and families who are creating new rituals around dying in Canada – the kind of rituals that are only possible when death comes at a previously appointed hour.

But cases like theirs also raise uncomfortable questions about whether the vague eligibility criteria in Canada’s assisted-dying law are sometimes being interpreted more broadly than the government intended.

One of the most controversial stipulations in the law is that a patient’s natural death must be “reasonably foreseeable,” – something that could plausibly be said of every nonagenarian. The law dictates other requirements, including intolerable suffering and irreversible decline, but those concepts can be elastic, too.

Read it all.

Posted in Canada, Death / Burial / Funerals, Health & Medicine, Law & Legal Issues, Marriage & Family

A Group of C of E Bishops’ Easter letter warns of slavery in our midst

Slavery is on the rise in Britain in a way we have not seen since the days of William Wilberforce. Last year 5,145 victims were found in the UK. It is a big increase on 2016’s figure, but it still does not come close to the tens of thousands that the National Crime Agency believes are hidden.

It might seem that we should leave this problem to the police. But this Easter we are asking everyone to open their eyes to the signs of potential exploitation around them. The Clewer Initiative, our national anti-slavery project, educates people on what to look out for. New life for those entombed in darkness.

As Wilberforce said more than 200 years ago, “You may choose to look the other way but you can never say you did not know.”

Read it all.

Posted in Church of England (CoE), CoE Bishops, England / UK, Ethics / Moral Theology, Foreign Relations, Law & Legal Issues, Religion & Culture, Sexuality, Violence, Women

A Story for Good Friday 2018–The Symbolism of French Officer Arnaud Beltrame’s Sacrifice (Terry Mattingly)

Father Jean-Baptiste insisted on adding other details, noting that Beltrame was raised in a nonreligious family, but experienced a “genuine conversion” at age 33. He entered the church in 2010, after two years of study. Beltrame was, the monk said, “intelligent, sporty, loud and lively,” a man who shared his faith with others.

On this side of the Atlantic, Archbishop Charles Chaput of Philadelphia underlined the symbolism of this story. In a column entitled “A Lesson For Holy Week,” he said Beltrame was a civil servant doing his job and a “man in love getting ready for a wedding.” He was also a “man who deliberately shaped and disciplined his own life until it became a habit, a reflex, to place the well-being of others before his own.”

The archbishop concluded: “God’s ways are not human ways. They are other than ours; higher and better, more powerful, moving, and redemptive than our own. It isn’t logical, it isn’t ‘normal,’ for anyone to place his or her life in harm’s way for a friend, much less for a complete stranger as Arnaud Beltrame did. Only a special kind of love can make a person do something so unreasonably beautiful.”

Read it all (cited by yours truly in last night’s sermon).

Posted in Christology, France, Holy Week, Police/Fire, Religion & Culture, Roman Catholic, Terrorism

(Psephizo) Ian Paul–The End of the Pemberton appeal saga

One final observation is worth making about the implication for the Church of England’s own continued discussion of this issue. Andrew Goddard drew attention to the implications of the EAT at the time, and it still applies now that the Court of Appeal has confirmed and underscored the earlier ruling:

If the case is lost then it has been established that the church has a doctrine of marriage which bishops are right to uphold by refusing to issue a licence to someone in a same-sex marriage.  The judgment is clear that canonical obedience is “a core part of the qualifying of a priest for ministry within the Church” (para 120) and that Canon Pemberton is obliged to undertake to pay true and Canonical Obedience to the Lord Bishop but that (given its conclusion as to church doctrine), “Self-evidently he is not going to be able to fulfil that obligation or has not done so….and therefore objectively he cannot be issued with his licence” (para 121).  Any bishop who therefore issued a licence to someone in a same-sex marriage would therefore be open to legal challenge.  Any attempt to allow clergy to enter same-sex marriages would, it appears, need first to redefine the church’s doctrine of marriage…

In other words, if the church keeps it current doctrine of marriage then it will be very difficult to justify licensing clergy in same-sex marriages but if it changes it or somehow declares it has no fixed doctrine of marriage then it will be very difficult to justify refusing a licence to clergy in same-sex marriages given equality legislation.  So, even if it were considered desirable, it is therefore hard to see how, given the law, the church could “agree to differ” on this subject in a way that both enabled same-sex married clergy to be licensed and also protected those unable in good conscience to license clergy in same-sex marriages.

It is another reason why ‘agreeing to disagree’ is never going to be an option on this issue.

Read it all.

Posted in Anthropology, Church of England (CoE), Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Religion & Culture, Theology

(WSJ) Jakarta’s Governor, Backed by Islamic Conservatives, Sets Up Vice Showdown

Businesses are criticizing plans by Jakarta’s governor to close hotels and entertainment venues without warning as part of a vice crackdown, setting up a fight between a powerful lobby and a fast-rising politician backed by Islamic conservatives.

The crackdown makes good on a campaign pledge by the governor, Anies Baswedan, who benefited from hard-line Muslim support in an election last year that removed a minority Christian from office. The then incumbent Basuki Tjahaja Purnama was also convicted of blasphemy against Islam and is serving a two-year prison sentence.

Indonesia, the world’s largest Muslim-majority nation, has traditionally been home to a tolerant strain of Islam. But rising conservatism, in the nearly 90% of Indonesia’s 250 million population identifying as Muslims, has played a larger role in politics in recent years.

In addition to Mr. Baswedan’s local crackdown, national lawmakers are negotiating a revised criminal code. Under proposals by Islamic political parties, sex outside marriage, gay sex and cohabitation of unmarried couples would become illegal. In Aceh, the only province that is governed by Shariah law, non-Muslims have recently been flogged for violating rulesagainst gambling.

Read it all.

Posted in Ethics / Moral Theology, Indonesia, Islam, Law & Legal Issues, Politics in General, Religion & Culture

(Wash Post) Court in Metro’s ad ban case discusses Christmas shopping, beer-making monks, charitable giving

A central question before the U.S. Court of Appeals for the D.C. Circuit: Can Metro allow secular advertisers to promote Christmas shopping and charitable giving, but not the church?

Judge Brett M. Kavanaugh was unrelenting in questioning Metro’s lawyer, former solicitor general Donald B. Verrilli Jr., and stated unequivocally his view that the policy is “pure discrimination” in violation of the First Amendment.

Kavanaugh, who is on President Trump’s list of candidates for possible Supreme Court vacancies, made several references to recent high court opinions, including a 2017 ruling that sided with a Missouri church denied access to government grants meant for a secular purpose.

The two other judges on the panel — Judith W. Rogers and Robert L. Wilkins — pointed out that the archdiocese had acknowledged its ads were designed in part to promote religion, not just charitable giving.

Read it all.

Posted in America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Media, Religion & Culture, Travel, Urban/City Life and Issues