Category : Law & Legal Issues

In the Midst of a Campaign of Disinformation, the Diocese of South Carolina releases a Factsheet on the Current Lawsuits

Read it carefully and read it all and you can find more material and many more links to even further information there.

Posted in * Anglican - Episcopal, * South Carolina, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Stewardship, TEC Bishops, Theology

(The Exchange) Brian Stiller–Secularism and Diversity: Lessons from Canada and its Supreme Court Decision about Trinity Western

…Second, it makes short shrift of the model that within a diverse society a plurality of ideas and beliefs can exist together. This is a huge loss. And when Canada, known for its democracy and public fairness, takes this road, we lose an important example of how pluralism functions.

In today’s cultural, religious, and ethnic stew, to respect and get along with each other is as basic a formula as I can imagine. Justices opposing the majority noted,

The state and state actors [and in this case, provincial law societies] – not private institutions like TWU – are constitutionally bound to accommodate difference in order to foster pluralism in public life. . . . Canadians are permitted to hold different sets of values.

Third, it keeps faith from being public. I hear the justices saying something like, “Live out your faith within your churches, institutions, and private communities, but if you try to bring it into civic life, if we don’t see your beliefs as being inclusive with our values, we will prevent your faith from influencing our public spheres….”

Read it all.

Posted in Anthropology, Canada, Education, Ethics / Moral Theology, Evangelicals, Law & Legal Issues, Marriage & Family, Religion & Culture

(1st Things) John Waters–Choosing to refuse

Sometimes, digesting the latest news of the unhinging of the world, one is tempted to fall into despair. I experienced this feeling acutely recently, reading a report of a conservative commentator who had been questioned by the FBI because he posted a one-liner on Twitter mocking the Human Rights Campaign for seeking to persuade businesses to put rainbows in some visible place about their premises, presumably as an indicator of acquiescence in the LGBT agenda.

“That’s a nice business. Too bad if something happened to it,” tweeted Austin Ruse, president of the Center for Family and Human Rights. It was an obvious riff on Mafia-style protection methodologies, but you can count on social-justice-warrior types not to get jokes. Ruse was reported by the Human Rights Campaign and as a consequence received a visit and later a phone call from an FBI officer. Luckily, the officer knew a joke from a shakedown and that was the end of it.

Ruse subsequently observed that the HRC has made a habit of attacking Christians who defend traditional sexual morality. He elaborated:

It works like this: A local restaurant is owned by a faithful Catholic who objects to the gay agenda. … Gays notice he doesn’t have the gay rainbow affixed to his window. “Why don’t you have the rainbow on your window?,” they ask. “Are you homophobic? Do you really want the local community to know about you?” You can see it spooling out from there. He is targeted by the local bully boys who proceed to make his life miserable, perhaps harming and even shuttering his business.

This kind of thing is escalating at a rate that begins to be very ominous indeed. Not only do these people brook no dissent from their agendas, but they do not rest until anyone who questions them is badly burnt toast. And officialdom everywhere plays along and treats them like jolly pranksters….

Ruse’s experience brought to mind Vaclav Havel’s story, in his essay “The Power of the Powerless,” about the greengrocer who put the sign in the window with the slogan, “Workers of the World Unite.” Havel draws us into the mindset of the greengrocer, who places the sign essentially as a gesture of obedience. The sign might as easily read, “I am afraid and therefore unquestioningly obedient”—but this would cause the greengrocer to lose face. The “Workers of the World” sign serves both the needs of the greengrocer and the needs of the regime. So it is with rainbow stickers. The sign or sticker thus becomes another kind of sign: of the operation within a culture of an ideology. This is its true function.

Read it all and make sure to read the full article in Stream from which he is quoting.

Posted in Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Psychology, Religion & Culture, Sexuality, The U.S. Government

In 2009 an Anglican church was expelled from their building in Central NY under TEC Bishop Skip Adams and it became an Islamic Center for 1/3 the price the parish was willing to pay

Former Bishop of South Carolina, C. Fitzsimons Allison, has written about this matter here and described it as follows:

…nothing in the behavior of TEC suggests their goals with departing parishes and Dioceses have changed over time. They continue to litigate in the Diocese of Quincy, Illinois despite having lost at the highest level in the state courts there. In the Diocese of San Joaquin, California, after spending $15 million to recover the parish properties, only 21 have been declared “viable” with the other 25 reported as going up for sale. In Bishop Adams’ former diocese, the people of Good Shepherd, Binghamton, NY were denied the purchase of their former church, seeing it sold for 1/3 their offer to become a mosque instead. The pattern of behavior is clear. For TEC, “reconciliation” has meant, “surrender, return the property and we’ll forgive you so you can rejoin us”. That is not a viable way forward.

Posted in Ecumenical Relations, Islam, Law & Legal Issues, Life Ethics, Religion & Culture, Roman Catholic, Stewardship, TEC Bishops

(Guardian) What is the true human cost of your £5 hand car wash? the C of E provides a role in finding the Answer

Beyond checking for concrete and prices below £6, what can drivers do to avoid potentially problematic car washes? Frazer, who believes £9 is a reasonable minimum price for a basic wash, advises checking for the overall quality of a site. “If it’s being held together with bits of string, that’s another indicator,” she says. Nearby caravans or signs of on-site accommodation are a potential concern, as is an absence of receipts.

While the scale of the problem remains largely unknown, and workers themselves report being reluctant to raise the alarm, drivers are being recruited to help identify problem sites. The church is playing an unlikely role; the Anglican and Catholic churches in England have backed a new Safe Car Wash phone app. It asks drivers for a site’s location and name (if there is one), followed by a series of questions about it and its workers. It encourages drivers not to confront workers. Instead, the Church of England’s Clewer Initiative against anti-slavery, which launched the app on 4 June, shares the data with the National Crime Agency and the GLAA, among other authorities. If answers to the questions about safety gear and other observations suggests a potential problem, users are also encouraged to contact the Modern Slavery Helpline.

“Too often we rush in, you’re on your phone and see all this activity, you give your £6 and drive off,” says Alastair Redfern, the bishop of Derby, who works on anti-slavery projects in the church and the House of Lords. “We’re just saying, please stop and think first.” The Clewer Initiative says the app was downloaded more than 5,000 times in its first month, while the charity Unseen, which runs the slavery helpline, said last week that 11 cases indicating 69 potential victims had been reported to it through the app.

But concern about car washes that may be contravening one or several laws and regulations should not lead to assumptions about all such businesses, Frazer adds. There are legitimate businesses that offer competitive prices. That some car washes might have sub-standard drainage does not necessarily mean they are fronts of organised crime. “And if workers look a bit bedraggled, it doesn’t mean it’s all to do with modern slavery – you cannot generalise in that way,” Frazer adds.

Read it all.

Posted in Anthropology, England / UK, Ethics / Moral Theology, Labor/Labor Unions/Labor Market, Law & Legal Issues, Religion & Culture

(WSJ) Egyptian Legislation treats social-media accounts with more than 5,000 followers as media outlets, opening Twitter and Facebook users to prosecution

Egypt’s parliament passed a law giving the government sweeping powers to regulate traditional and social media, a move critics say will boost the Sisi regime’s ability to crack down on free speech and dissent.

The measure allows authorities to penalize traditional media like television and newspapers for spreading what the government terms fake news. It also treats social-media accounts with more than 5,000 followers as media outlets, opening Twitter and Facebook users to prosecution on vague charges including defaming religion and inciting hatred.

Most prominent media outlets in Egypt are pro-government, and some analysts and rights groups see the law as an aggressive attempt to restrict social media, which remains one of the few remaining arenas of free expression in a country where independent news websites are often blocked and unauthorized street protests banned.

“These laws would legalize this mass censorship and step up the assault on the right to freedom of expression in Egypt,” said Najia Bounaim, North Africa campaigns director at Amnesty International, commenting on the law and related legislation ahead of the vote.

Read it all.

Posted in --Social Networking, Blogging & the Internet, Egypt, Ethics / Moral Theology, Law & Legal Issues, Media, Middle East

(WSJ) Julia Duin–Christian Serpent-Handlers Protect Us All

TV footage notwithstanding, snake handling is a tiny part of what goes on in these small, rural churches. They have preaching, prayer, offerings, announcements and worship like everyone else. Ralph Hood, a University of Tennessee professor and expert on this group, says most of these churches prohibit photographers and film crews because media visitors are fixated on the snakes. “They feel they preach for three hours and handle serpents for five minutes,” yet all the images are of people handling serpents, he told me.

In 40 years covering religion, I’ve rarely seen a religious group receive as much vitriol as the serpent-handler community. Yet the handlers have a fascinating ability to withstand torrents of abuse and ridicule. I was afraid of them myself once. But after spending time in their churches, I found kind, likable people who struggle to get through life like everyone else.

The First Amendment was made for believers such as these. In this era of debates over the rights of florists and cake-shop owners, these folks are willing to die for their unpopular beliefs. Whether it’s the Amish, the Adventists or the Appalachian snake handlers, it’s the people on the margins who protect the rest of us.

Read it all.

Posted in America/U.S.A., Law & Legal Issues, Religion & Culture

(Local Paper Editorial) Arrington crash, 11-year-old’s death both needless. Drunk driving is a choice

Two high-profile DUI accidents serve as vivid reminders of just how destructive intoxicated driving can be. Two people are dead, two survivors are recovering from serious injuries, and all of their families are left in a world of hurt.

An intoxicated driver fatally struck a vacationing 11-year-old Danish girl walking with her family Monday night near Cannon Park, police said. This followed a head-on collision involving a drunk driver June 22 that nearly killed congressional candidate Katie Arrington and a friend. The wrong-way driver in that accident died of her injuries.

The young girl’s parents will no doubt be scarred forever. The 30-year-old driver, charged with reckless homicide and felony driving under the influence resulting in a death, faces a possible long prison sentence and a lifetime of regret. The fatal accident also leaves the city with a black eye, coming about the same time Travel + Leisure named Charleston its top U.S. destination for a sixth year in a row.

“This was preventable and never should have happened,” police Chief Luther Reynolds said at a news conference Tuesday alongside Mayor John Tecklenburg and other city officials. “I am very angry. … This hurts all of us.”

Read it all.

Posted in * South Carolina, Alcohol/Drinking, Alcoholism, Anthropology, Death / Burial / Funerals, Ethics / Moral Theology, Law & Legal Issues, Travel

(1st Things) Darel Paul–Culture War as Class War

Back when Massachusetts was the only state in the country to recognize ­s­ame-sex marriage, Chai Feldblum, who later served as commissioner of the Equal Employment Opportunity Commission under both Presidents Obama and Trump, observed that religious liberty and LGBT rights were trapped in a “zero-sum game.” In her view, any pretense to mutually beneficial compromise between the two is impossible, and state neutrality between them a charade. As long as religious conservatives hold same-sex sexual behavior to be morally suspect while cultural liberals hold it to be natural and moral, every action and inaction of the state is a choice to recognize one side against the other. While classical liberals may want to wish this conflict away, it cannot be done. Appeals to First Amendment rights to religious liberty run immediately into Fourteenth Amendment rights to equal protection. And as the great theorist of class struggle Karl Marx himself observed, “between equal rights force decides.”

Culture wars are never strictly cultural. They are always economic and political struggles as well. Elites rule through an interlocking political-­economic-cultural system. The mainstream media certifies whose political ideas are respectable and whose are extremist. Hollywood, Silicon Valley, Wall Street, academia, and white-shoe professional firms are all part of the postindustrial “knowledge economy” that allocates economic rewards. As American elites become increasingly integrated and culturally ­homogenous, they begin to treat their cultural rivals as subordinate classes. The same thing happened nearly a century ago to the rural and small-town Protestants whom H. L. Mencken derided as the “booboisie.” Many would like to see it happen again, this time to anyone who challenges the dogmas of diversity and progressivism that have become suspiciously universal among the richest and most powerful Americans, dominating the elite institutions they control. If cultural traditionalists want to survive, they must not only acknowledge but embrace the class dimensions of the culture war.

Read it all.

I will take comments on this submitted by email only to KSHarmon[at]mindspring[dot]com.

Posted in --Civil Unions & Partnerships, Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Rural/Town Life, Sexuality, Theology, Urban/City Life and Issues

(AP+PPG) Federal government reopens probe of 1955 Emmett Till slaying

The federal government has reopened its investigation into the slaying of Emmett Till, the black teenager whose brutal killing in Mississippi shocked the world and helped inspire the civil rights movement more than 60 years ago.

The Justice Department told Congress in a report in March it is reinvestigating Till’s slaying in Money, Mississippi, in 1955 after receiving “new information.” The case was closed in 2007 with authorities saying the suspects were dead; a state grand jury didn’t file any new charges.

Deborah Watts, a cousin of Till, said she was unaware the case had been reopened until contacted by The Associated Press on Wednesday.

The federal report, sent annually to lawmakers under a law that bears Till’s name, does not indicate what the new information might be.

Read it all.

Posted in America/U.S.A., History, Law & Legal Issues, Race/Race Relations, Violence

(NYT Op-ed) Akhil Reed Amar–A Liberal’s Case for new Supreme Court Justice Nominee Brett Kavanaugh

In 2016, I strongly supported Hillary Clinton for president as well as President Barack Obama’s nominee for the Supreme Court, Judge Merrick Garland. But today, with the exception of the current justices and Judge Garland, it is hard to name anyone with judicial credentials as strong as those of Judge Kavanaugh. He sits on the United States Court of Appeals for the District of Columbia Circuit (the most influential circuit court) and commands wide and deep respect among scholars, lawyers and jurists.

Judge Kavanaugh, who is 53, has already helped decide hundreds of cases concerning a broad range of difficult issues. Good appellate judges faithfully follow the Supreme Court; great ones influence and help steer it. Several of Judge Kavanaugh’s most important ideas and arguments — such as his powerful defense of presidential authority to oversee federal bureaucrats and his skepticism about newfangled attacks on the property rights of criminal defendants — have found their way into Supreme Court opinions.

Except for Judge Garland, no one has sent more of his law clerks to clerk for the justices of the Supreme Court than Judge Kavanaugh has. And his clerks have clerked for justices across the ideological spectrum.

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Office of the President, President Donald Trump, Senate, Supreme Court

(NPR) Religion, The Supreme Court And Why It Matters

Lots of controversial cases at the intersection of religion and the law wind up before the Supreme Court.

And, for most of U.S. history, the court, like the country, was dominated by Protestant Christians. But today, it is predominantly Catholic and Jewish.

It has become more conservative and is about to get even more so with President Trump’s expected pick to replace Justice Anthony Kennedy, who is stepping down from the court at the end of July.

Everyone on Trump’s shortlist, but one, is Catholic. So what, if anything, do the current justices’ and potential nominees’ faiths tell us — and how has the religious makeup of the Supreme Court changed?

“It’s extraordinary and unprecedented in American history,” said Louis Michael Seidman, a constitutional law professor at Georgetown University, which is affiliated with the Catholic Church. “There was a time when, for example, there was tremendous anti-Catholic bias … and, of course, there was a time when there was a lot of anti-Semitism, and a lot of that has gone away.”

Read it all.

Posted in America/U.S.A., History, Law & Legal Issues, Religion & Culture, Supreme Court

(GR) Julia Duin–When profiling ADF’s Kristin Waggoner, why not include facts about her Pentecostal roots?

There’s so much good in this story, as the details are the result of hours of observation by a keen-eyed reporter. It’s the stuff that got left out that drives me batty.

The story talks a lot about Waggoner’s friendship with Stutzman but doesn’t mention how Waggoner honed her craft through years of working in a law firm here in Seattle, where she got her fill of the liberal politics in this ultra-blue state.

I learned the details of her religious upbringing in Ken McIntyre’s Daily Signal piece where we learn Waggoner is the daughter of an Assemblies of God minister, Clint Behrends, who is on staff of Cedar Park Assembly of God in Bothell, a Seattle suburb. She attended an Assemblies of God college in nearby Kirkland; clerked for a Washington Supreme Court judge, then spent 15 years with Ellis, Li & ­­­­­McKinstry, a Seattle law firm that includes many Christian lawyers. And ever since moving to Arizona to work with ADF in 2014, her star has gone straight up.

We also learn her husband is a lawyer and that they have three kids. Most importantly, she is a Pentecostal Christian. That’s what growing up in the rather moderate Assemblies of God means. Thinking back to 2008, when another female Pentecostal, Sarah Palin, climbed onto the national stage as the Republican Party’s vice presidential candidate, reporters hadn’t a clue how to cover her church. Not much has changed.

I don’t know whether the Post reporter didn’t grasp Waggoner’s beliefs enough to ask her about them or whether she did include those details but an editor took them out. But if this woman’s faith renders her unflappable amidst some tough high-profile cases, not to mention the personal toll of overseeing dozens of lawyers working on similar cases while staying married with three kids, then we should know more about it.

Once again, what is the logic – in terms of journalism basics – for omitting this kind of core information?

Read it all.

Posted in Law & Legal Issues, Media, Pentecostal, Religion & Culture

(WSJ) Adam O’Neal–Taking an honest look Inside the Christian group to which Amy Coney Barrett’s belongs

Judge Amy Coney Barrett could be President Trump’s nominee to the Supreme Court—a prospect that thrills many conservatives. A former Antonin Scalia clerk and Notre Dame professor, Judge Barrett, 46, seems an ideal choice. Yet her religious beliefs could lead to a contentious confirmation process. Would it be a risk to pick her?

Last year President Trump nominated Ms. Barrett for a seat on the Seventh U.S. Circuit Court of Appeals. Several Democratic senators pondered whether an “orthodox Catholic” would have dual loyalties. “The dogma lives loudly within you,” Sen. Dianne Feinstein said during Ms. Barrett’s hearing. “That’s of concern.”

Video of Mrs. Feinstein’s religious test quickly spread, provoking outrage from thousands of Americans. Yet a New York Times news story suggested she and her colleagues hadn’t gone far enough: The nominee’s “membership in a small, tightly knit Christian group called People of Praise never came up at the hearing, and might have led to even more intense questioning.”

Richard Painter, a law professor and Democratic U.S. Senate candidate in Minnesota, loved the article. He recently tweeted the link, adding his own comment on People of Praise: “A religious group in which members take an oath of loyalty to each other and are supervised by a male ‘head’ or female ‘handmaiden.’ That looks like a cult.” As nonbigots do, Mr. Painter then added, “don’t even try playing the ‘anti-Catholic bigotry’ card.”

It’s easy to make People of Praise sound terrifying. Isn’t there a TV show and novel about these “handmaid” people? Do Americans really want a cultist on the Supreme Court? Despite such insinuations from “resistance” conspiracy theorists, understanding the group requires more than a couple of tweets….

Read it all.

Posted in * Economics, Politics, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Office of the President, Politics in General, Religion & Culture, Roman Catholic, Senate, Supreme Court

(GR) Looking at a New York Times Article on Free Speech Cases which begs many questions

When you apply this to other crucial First Amendment doctrines then you would find yourself defending the rights of a single baker (a traditional Christian) to decline a request to create a one-of-a-kind artistic cake celebrating a same-sex wedding rite (after offering the couple any of the standard cakes or desserts in his shop). The baker’s very narrow, faith-based refusal of this task was offensive and caused pain, yet the gay couple had many other options in the local marketplace. The baker is “the powerful” force in this legal fight?

It would also be possible to defend Catholic nuns who refused government commandments that they cooperate with efforts to provide contraceptive options to their own staff, in violations of important Catholic doctrines linked to their mission. The elderly nuns represent the “the powerful” classes in this legal fight?

This Times piece, if the goal was balance, really needed to document cases of conservative forces rising up, during the past decade or two, to DENY First Amendment freedoms to liberal people and liberal organizations. Shouldn’t we be seeing a wave of those? Are liberal voices being silence in public life (as opposed to inside private associations)?

For example, are there examples of liberal, perhaps mainline Protestant, churches and ministries being pressed to violate their doctrines, perhaps being compelled to deliver messages that violate elements of their evolving doctrines? Perhaps there are cases linked to the sanctuary movement?

I am left, once again, wondering what label to assign to contemporary people and groups that are weak in their defense of free speech, weak in their defense of freedom of association and weak in their defense of the free exercise of religion. What should fair-minded journalists call them? What should the Times team have called the powers that be on the “progressive” side of the debate (including the newspaper’s editorial-page team)?

The one label that cannot be assigned to these groups is “liberal.” That just won’t fly, in the wider context of American political thought.

Read it all (my emphasis).

Posted in America/U.S.A., Ethics / Moral Theology, History, Law & Legal Issues, Media, Politics in General, Religion & Culture