Category : Law & Legal Issues

(Item) 2 Sumter churches among 28 in South Carolina that may have to vacate property after Supreme Court denies request

After the U.S. Supreme Court denied a state church district’s petition for a hearing Monday, it is unknown what the future may hold for two local congregations’ properties.

The Rev. Marcus Kaiser, rector of Church of the Holy Comforter, 213 N. Main St., made his comments after the high court informed The Protestant Episcopal Church in the Diocese of South Carolina that it would deny a request to hear its case to reverse a decision made last year by the South Carolina Supreme Court.

Doing so leaves in place a sharply divided ruling from the state’s high court from 2017 that could deprive at least 28 parish churches of their right to properties – some of which have been held for more than 300 years.

Kaiser said the local congregation has owned and maintained the property and buildings associated with Church of the Holy Comforter since 1857 and that no money has ever come from the national Episcopal Church, with which Holy Comforter was previously associated.

Read it all.

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Religion & Culture, Supreme Court

The Rector of Saint John’s, Johns Island, South Carolina Writes his Parish about the recent US Supreme Court Decision

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Religion & Culture, Supreme Court

(Wash Post) American Medical Association rejects maintaining its opposition to medically assisted death, deciding instead to keep reviewing the matter

A recommendation that the American Medical Association maintain its opposition to medically assisted death was rejected Monday, with delegates at the AMA’s annual meeting in Chicago instead voting for the organization to continue reviewing its guidance on the issue.

Following a debate on whether the nation’s most prominent doctors’ group should revise its Code of Medical Ethics, the House of Delegates voted by a margin of 56 to 44 percent to have the AMA’s Council on Ethical and Judicial Affairs keep studying the current guidance. That position, adopted a quarter-century ago, labels the practice “physician-assisted suicide” and calls it “fundamentally incompatible with the physician’s role as healer.”

The council spent two years reviewing resolutions, not so much on whether to support the practice but on whether to take a neutral stance on what has become a divisive issue among health-care providers. The group’s report sought to find common ground, noting, “Where one physician understands providing the means to hasten death to be an abrogation of the physician’s fundamental role as healer that forecloses any possibility of offering care that respects dignity, another in equally good faith understands supporting a patient’s request for aid in hastening a foreseen death to be an expression of care and compassion.”

Read it all.

Posted in Aging / the Elderly, Anthropology, Children, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Pastoral Theology

A Message from the rector of Saint Michael’s, Charleston, about today’s Supreme Court Decision

June 11, 2018
Dear St. Michaelites and Friends:
“Courageous Joy” vs. “Circumstantial Joy” was our theme in worship yesterday, and there is a difference. Our joy is not based on circumstances and happenstances, but on what Jesus has done for us. We also mentioned the fact that Nehemiah’s phrase: “The Joy of the Lord is our Strength” is a profound one (Note, Nehemiah didn’t say “the joy of our circumstance, or the joy of our job etc). Our Joy and strength is found in Christ-Alone. Words we need to hear as we open up social media today to the news that the United States Supreme Court denied our Petition for Writ of Certiorari.
We have attached communication from the Diocese of South Carolina explaining the latest. Let me highlight three important facts as you read it.
  1. None of the nearly three dozen churches involved are in any eminent danger of eviction as a result of today’s decision
  2. The Diocese of South Carolina will now return to our state courts as we believe the ruling of our State Supreme Court is “virtually unenforceable as written.”
  3. The law and facts of our case still favor us and the Diocese plans to continue to press in, even it if requires a second appearance before the South Carolina Supreme Court.
In the meantime, I will be meeting with our leadership team today to come up with a time to gather as a parish family this week and weekend.
On a personal note, so many of you have emailed, texted and called to ask how the Zadig family is doing. In one word, we are fine. Our biggest prayer is that St. Michael‘s Church always be that place where the undiluted Gospel of Jesus Christ is preached, taught and caught.
Remember, we are people of courageous and not circumstantial joy, in all of this, choose joy.
Blessings and much love in Christ,
–(The Rev.) Al Zadig is rector, Saint Michael’s, Charleston, SC
Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Supreme Court

(Vanguard) The Anglican Bishop of Bukuru–Nigeria is Boiling

According to Bukuru Bishop, “Naturally, everybody wants some level of peace and comfort. And where you find none, the whole thing will be toppling in the society. A society where crisis faces you all around, sometime twenty four hours. God created this society that men may live in peace and healthy living.

“But as it is today, government for reasons that are either political, reasons that are sentimental, reasons that are ungodly, have not been able to give electorate such a comfort, so nobody is happy. Nigeria is such that appears boiling. It is like…[boiling] right now.

“To ensure that there is security, law and order must be maintained and we have seen over the years that Nigeria is one of the most lawless country in the world, anybody does whatever they like.

Read it all.

Posted in * Economics, Politics, Anthropology, Church of Nigeria, Ethics / Moral Theology, Law & Legal Issues, Politics in General

(WSJ) Jack Philips on the Masterpiece Cakeshop Decision–The Supreme Court Let Me Live My Faith Again

Religion isn’t something I pick up on Sunday mornings only to put away during the rest of the week. My entire life belongs to Jesus, and I believe that everything I do should honor him. As the Bible says, “Whatever you do, in word or deed, do everything in the name of the Lord Jesus” (Colossians 3:17).

This means that when I operate my business, I am always mindful of whether God is pleased with what I create. That’s why even though I serve all people, I can’t design cakes that celebrate events or express messages that conflict with my faith. It’s also why I’ve declined requests to create cakes that celebrate Halloween or memorialize a divorce.

My beliefs about marriage come from my reading of the Bible. Describing marriage, Jesus said, “A man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh” (Mark 10:7-8). This shows clearly that God intends marriage to be a union between a husband and a wife.

On the day I declined to create a wedding cake celebrating a same-sex marriage, I was simply living out the truth that I—along with millions of other Christians—have found in the Bible. The men who sued me say I discriminated against them. That’s not true. Declining to design something because of what it celebrates isn’t the same as refusing to serve people because of who they are. Those men are welcome in my shop today, just as they were in 2012. But I can’t create a cake that celebrates a view of marriage at odds with my Christian beliefs.

Read it all.

Posted in Consumer/consumer spending, Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Supreme Court

(1st Things) Hadles Arkes on the Supreme Court Masterpiece Cakeshop Decision–Conservative Jurisprudence Resorts To Relativism

For Kennedy, this diatribe against the religious was reprehensible in the same measure: “To describe a man’s faith as ‘one of the most despicable pieces of rhetoric that people can use’ is to disparage his religion in at least two distinct ways: by describing it as despicable, and also by characterizing it as merely rhetorical—something insubstantial and even insincere.”

Yes, but so what? Kennedy did not challenge the law itself as a violation of Phillips’s religious freedom. Why should it matter that commissioners, enforcing the law, allowed their conviction of its rightness to express itself in some gratuitous sneering at a man Justice Kennedy and the Court were still willing to treat as a wrongdoer? What this situation seemed to violate, for Kennedy, was the “State’s duty under the First Amendment not to base laws or regulations on hostility to a religion or religious viewpoint.” For years it was understood that the law need not be at all “neutral” between religion and irreligion, that there were compelling reasons, for the public good, to encourage the religious life. But now the claim is reduced simply to an obligation not to be indecorously nasty while the law refuses to respect religious convictions.

Read it all.

Posted in Anthropology, Consumer/consumer spending, Economy, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, State Government, Supreme Court

The rector of Christ Church, Mount Pleasant, preaches on approaching the Supreme Court decision Theologically

Timely Sermon Addressing Legal Issues from Ted Duvall:

This past Sunday, the Rev. Ted Duvall, the Rector of Christ Church, Mount Pleasant, gave a helpful sermon addressing the on going legal battle. Listen now.

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Preaching / Homiletics, Religion & Culture, Supreme Court

(WSJ) Ryan Anderson–Discrimination Law Isn’t Supposed to ‘Punish the Wicked’

If those playing down the importance of the Masterpiece Cakeshop ruling are wrong, those overstating it are also off base. “Family Guy” creator Seth MacFarlane claimed that “it’s a shorter walk than we think, particularly today, from ‘I won’t bake them a cake because they’re gay’ to ‘I won’t seat him here because he’s black.’ ” This wildly mischaracterizes Mr. Phillips’s position. The Masterpiece proprietor serves all customers, regardless of sexual orientation, but he can’t in good conscience communicate all messages or celebrate all events. He is motivated by his Christian belief that marriage unites husband and wife, not his customer’s identity.

This disagreement about the definition of marriage occurs among people of good faith motivated by honorable theological and philosophical premises, as Justice Kennedy recognized in Obergefell v. Hodges, the 2015 same-sex-marriage decision. And as he wrote in Masterpiece, “religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression.”

That is why states should be careful not to abuse antidiscrimination policy in a way that amounts to an enforcement of an orthodoxy regarding questions about sex on which reasonable people can disagree.

Monday’s ruling won’t open the floodgates to invidious discrimination as critics imagine. But neither should we gainsay its wider applicability. The Supreme Court has said clearly that the government may not punish people because of their religious beliefs. Any generally applicable, neutral law must serve the common good, not punish those whom people in power deem to be “wicked.”

Read it all.

Posted in * Economics, Politics, --Civil Unions & Partnerships, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Sexuality, Supreme Court

Jeff Miller, rector of St Philip’s, Charleston, writes his Parish about Today

“Therefore, brothers, since we have confidence to enter the sanctuary by the blood of Jesus … let us draw near with a true heart in full assurance of faith.” –Hebrews 10:19, 22
Dear St. Philip’s Family,
On Thursday, June 7, the justices of the Supreme Court of the United States will gather to consider whether or not to grant our petition for a Writ of Certiorari. We believe that this is the best way to bring clarity to the conflicted legal landscape and resolution to the protracted battle between the Diocese of South Carolina and the Episcopal Church. While this is a hopeful sign, it is not a guaranteed thing. The justices grant only a small percentage of the thousands of petitions that they receive annually, and we cannot assume that they will take ours.
However, the Epistle of James reminds us that the “effectual fervent prayer of a righteous man availeth much,” and as Christians, we can be sure that the judge of all the earth will do right. To this end, I want to invite you to join me at noon on June 7 in the Church for a special prayer service led by Bishop Lawrence. It will be a time for us to ask for forgiveness, to pray for deliverance, and to seek the Lord’s guidance for our parish and diocese. Prayer is one of the greatest privileges we have as believers, and we can approach our Heavenly Father with confidence. To borrow a phrase from Alfred, Lord Tennyson, “More things are wrought by prayer than this world dreams of.”
We will have a nursery available for children ages five and younger, and I strongly encourage allparishioners to make this service a priority. It is not just the future of St. Philip’s that is at stake; it is the American right to worship freely that is in jeopardy. In the meantime, let us not lose heart, but let us carry on with the work the Lord has given us to do, confident that even now, He is doing for us “greater things than we can ask for or imagine”!
Yours in Christ Jesus,
Jeff+
Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Religion & Culture, Spirituality/Prayer, Supreme Court

A Day of Coming before the Lord

You may find the bishop’s letter about this there.

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Parish Ministry, Religion & Culture, Spirituality/Prayer, Supreme Court, TEC Conflicts: South Carolina

Masterpiece Cakeshop Analysis (II): Douglas Laycock and Thomas Berg–Scotus Decision not as narrow as may first appear

The Supreme Court has announced a powerful ideal. Even when a law has no explicit exceptions, hostile enforcement is unconstitutional. Single-issue agencies that enforce state civil-rights laws must approach claims to religious exemptions with tolerance and respect. And this is apparently an absolute rule; the court does not consider whether hostility might be justified by some state interest, compelling or otherwise.

But a requirement of tolerance and respect, or even the avoidance of hostility, is difficult to enforce. The opponents of religious exemptions will now start doing the sorts of things done by many other government officials resisting constitutional mandates. They will seek doctrinal and rhetorical manipulations to cloak their hostility to the constitutional right, and their unequal treatment of objectors they agree with and objectors they don’t.

Those manipulations began in the state’s briefs and in the concurring and dissenting opinions. Kagan and Breyer said that the state’s discrimination could easily have been justified with a different explanation: The protected bakers would not have sold an anti-gay cake to anybody, but Phillips would sell wedding cakes to opposite-sex couples.

As Justice Neil Gorsuch explained, this reaches the preordained result by manipulating the level of generality. An “anti-gay” cake is distinguished only by what it displays on the outer surface. So the category is not cakes, or wedding cakes, but cakes with particular messages. If a same-sex couple wants a cake with two grooms, two brides, a rainbow, or any other indication of approval of same-sex marriage, that is a cake that Phillips would not sell to anybody. If they want a cake that could just as appropriately be used for an opposite-sex wedding, then at the surface, Kagan’s rationalization holds — but it is still a rationalization. Everyone would still know what is really going on: The commission agrees with the protected bakers and disagrees with Jack Phillips.

Masterpiece states an important ideal. But the Supreme Court has not been good over the years at identifying government bias or hostility that is the least bit shrouded. In a case without smoking-gun expressions of hostility, objectors will need evidence of inconsistent treatment of tester cases.

Read it all.

Posted in * Economics, Politics, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Consumer/consumer spending, Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Sexuality, Supreme Court, Theology

Masterpiece Cakeshop Analysis (I): Amy Howe–Opinion analysis: Court rules (narrowly) for baker in same-sex-wedding-cake case [Updated]

…the critical question of when and how Phillips’ right to exercise his religion can be limited had to be determined, Kennedy emphasized, in a proceeding that was not tainted by hostility to religion. Here, Kennedy observed, the “neutral and respectful consideration to which Phillips was entitled was compromised” by comments by members of the Colorado Civil Rights Commission. At one hearing, Kennedy stressed, commissioners repeatedly “endorsed the view that religious beliefs cannot legitimately be carried into the public sphere or commercial domain, implying that religious beliefs and persons are less than fully welcome in Colorado’s business community.” And at a later meeting, Kennedy pointed out, one commissioner “even went so far as to compare Phillips’ invocation of his sincerely held religious beliefs to defenses of slavery and the Holocaust.” “This sentiment,” Kennedy admonished, “is inappropriate for a Commission charged with the solemn responsibility of fair and neutral enforcement of Colorado’s anti-discrimination law—a law that protects discrimination on the basis of religion as well as sexual orientation.” Moreover, Kennedy added, the commission’s treatment of Phillips’ religious objections was at odds with its rulings in the cases of bakers who refused to create cakes “with images that conveyed disapproval of same-sex marriage.”

Here, Kennedy wrote, Phillips “was entitled to a neutral decisionmaker who would give full and fair consideration to his religious objection as he sought to assert it in all of the circumstances in which this case was presented, considered, and decided.” Because he did not have such a proceeding, the court concluded, the commission’s order – which, among other things, required Phillips to sell same-sex couples wedding cakes or anything else that he would sell to opposite-sex couples and mandated remedial training and compliance reports – “must be set aside.”

But the majority left open the possibility that a future case could come out differently, particularly if the decisionmaker in the case considered religious objections neutrally and fairly. Other cases, the majority emphasized, “must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.”

Read it all.

Posted in * Economics, Politics, --Civil Unions & Partnerships, Anthropology, Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Sexuality, Supreme Court

Ryan Anderson–Supreme Court Upholds Baker’s Right to Disagree With Same-Sex Marriage in Marketplace

…as Justice Neil Gorsuch notes (in a concurring opinion joined by Justice Samuel Alito), either all four bakers violated the Colorado anti-discrimination law, or none did. Gorsuch writes:

[T]here’s no indication the bakers actually intended to refuse service because of a customer’s protected characteristic. We know this because all of the bakers explained without contradiction that they would not sell the requested cakes to anyone, while they would sell other cakes to members of the protected class (as well as to anyone else).

As I argue in the Georgetown Journal of Law and Public Policy, “Disagreement is not always discrimination.” And this is true when it comes to disagreements about same-sex marriage.

Phillips didn’t discriminate based on sexual orientation when he refused to design and bake a cake for a same-sex wedding. He didn’t take his customer’s sexual orientation into consideration at all. He declined to use his artistic abili­ties to create a custom cake to celebrate a same-sex wedding because he objected to same-sex marriage, based on the common Christian belief that such partnerships (along with many other relationships—sexual and not, dyadic and larger, same-sex and opposite-sex) aren’t marital.

Nowhere need Phillips’ reasoning have even referred to the partners’ sexual orientation, much less any ideas or attitudes about gay people as a class (good or bad, explicit or not).

It wasn’t his customer’s identity that motivated Phillips at all. It is even clearer that Phillips’ reason for refusing to bake the wedding cake was not the invidious discrimination of avoiding contact with others on equal terms. As Phillips said to the same-sex couple, “I’ll make you birthday cakes, shower cakes, sell you cookies and brownies, I just don’t make cakes for same-sex weddings.” He sought only to avoid complicity in what he considered one distortion of marriage among oth­ers—as shown by his refusal to create divorce cakes as well.

Read it all.

Posted in --Civil Unions & Partnerships, America/U.S.A., Consumer/consumer spending, Economy, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, Sexuality, Supreme Court

(ABC) How a same-sex wedding cake controversy made it all the way to the Supreme Court

Aided by the Alliance Defending Freedom, a Christian advocacy organization, Phillips petitioned the Supreme Court to take his case, saying the state of Colorado violated his First Amendment rights of freedom of religion and expression.

“What we’re asking the Court to look at is creative professionals, should they be forced to violate the First Amendment, our deeply-held religious beliefs, to create art that violates those beliefs. Which is more important?” he said before the court’s decision. “What I do, I paint on cakes. I sculpt cakes. It’s clearly art. It’s clearly protected.”

Phillips said he couldn’t just create a generic wedding cake available to any customer.

“That would be side-stepping the issue. That’s still the government forcing me to create cakes for ceremonies that go against my faith,” Phillips said.

Mullins said he felt the issue was about whether he and Craig were treated differently based on sexual orientation.

“This isn’t about a cake,” Mullins said. “It’s about the right of the people to receive equal service at a place of business that anyone else would.”

Read (or watch) it all and see how balanced you think it is.

Posted in America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Sexuality, Supreme Court

(PD) Gerard Bradley–The city of Philadelphia’s recent decision about Catholic Social Services: Learning to Live with Same-Sex Marriage?

The everyday challenge of Obergefell is whether those of us who hold the “decent and honorable religious” conviction that it is impossible for two persons of the same sex to marry will be accorded the legal and social space we need in order to live in accord with our convictions. The question at hand is whether we will instead be forced to contradict our convictions in word and deed, day in and day out. Chief Justice Roberts wrote in Obergefell:

Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples.

Just so.

Catholic Social Services vs. the City of Philadelphia

Last week (on May 16), Catholic Social Services and several foster care parents sued the city of Philadelphia to settle one of those “hard questions.” CSS was recently ranked by the city as the second best of the twenty-eight agencies with which it contracts for foster care placement and support. Its record of finding homes for difficult-to-place children is unsurpassed. On March 15 of this year the city announced that it was nonetheless suspending referrals to CSS. Because the city monopolizes these referrals, its decision was tantamount to closing down CSS’s foster care operation.

The hanging offense? Even though CSS avers in its complaint (prepared by lawyers from the Becket Fund, the great religious liberty firm) that it has never received a complaint from a same-sex couple, it does adhere to Church teaching about marriage. The complaint makes clear enough that CSS would conscientiously refuse to do the work prescribed by law to certify a same-sex “married” couple as foster parents. CSS would, however, refer them to other agencies that would.

Philadelphia is trying to drive these “decent and honorable” people from the field. The mayor is quoted in the CSS complaint as declaring that “we cannot use taxpayer dollars to fund organizations that discriminate against” people in same-sex marriages. “It’s just not right.” The city council professed to be shocked—shocked!—to discover that some contracting agencies have policies, rooted in religious beliefs, that prohibit placement of children with “LGBTQ people.” But the Catholic Church’s position on marriage is no secret. The CSS complaint even points out that the “City has been aware of Catholic Social Services’ religious beliefs for years.” For example, the city waived repeatedly for CSS the obligation of city contractors to provide benefits to same-sex spouses of employees.

Read it all.

Posted in --Civil Unions & Partnerships, Anthropology, City Government, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Roman Catholic, Sexuality, Supreme Court, Urban/City Life and Issues

Christianity Today Asks Several Religious Liberty Experts to Weigh in on the Implications of Yesterdays Masterpiece Cakeshop Supreme Court Decision

Eric Rassbach, vice president and senior counsel at religious liberty firm Becket:

Becket urged the court to decide the case on the basis of the free exercise clause, and that is what the court did. And because of that, this case has broad implications for other religious liberty conflicts, involving not just wedding vendors, but many other religious people too.

The decision breaks new doctrinal ground in a couple of places … For example, Justice Kennedy adopts the two-Justice part of Lukumi and turns it into newly binding precedent in this passage: “Factors relevant to the assessment of governmental neutrality include ‘the historical background of the decision under challenge, the specific series of events leading to the enactment or official policy in question, and the legislative or administrative history, including contemporaneous statements made by members of the decisionmaking body.”

What this means as a practical matter is that in a variety of situations it will matter much more what the legislators, adjudicators, and government officials say about the religious beliefs and practices in question, and much less what those same officials think about whether those religious beliefs and practices offend someone. The court used a fairly broad definition of what constitutes hostility toward religion, so referring to “hateful beliefs” could get an anti-discrimination law invalidated. And saying that someone was offended will be no justification for a law.

Read it all.

Posted in --Civil Unions & Partnerships, America/U.S.A., Anthropology, Consumer/consumer spending, Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Supreme Court

(Local Paper) Churches nationwide eye pivotal moment this week in SC Episcopal dispute

For years, top legal minds have asked the U.S. Supreme Court to settle property fights between big national churches and breakaway congregations.

For years, they have been turned away before ever reaching the court’s marble steps.

Whether a South Carolina case becomes the one that finally lands in the high court is a question that soon will be answered. The case could make history and carry implications for disputes that have divided other religious denominations throughout the country.

Read it all.

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Religion & Culture, Supreme Court, TEC Conflicts: South Carolina

(NR) David French–In Masterpiece Cakeshop, Justice Kennedy Strikes a Blow for the Dignity of the Faithful

The Court essentially punted on the question, noting that it raised complex and difficult issues. To the extent that the dicta provides any guidance going forward, it seems that the greater the obvious expressive content, the greater the constitutional protection. In other words, a cake that contains words or symbols might enjoy greater protection than a cake with no obvious expressive meaning. But that’s speculation. The case wasn’t decided on that basis.

Instead, the Court focused on Phillips’s second claim, holding (by a 7–2 margin) that Colorado violated his right to free exercise of religion when it held him in violation of state public-accommodation law. Justice Kennedy focused on two critical aspects of the case to support his ruling. He first condemned anti-religious comments made by state commissioners during the hearings before the Colorado Civil Rights Commission. He especially singled out a commissioner’s claim that “freedom of religion” has been used to “justify all kinds of discrimination throughout history,” including slavery and the Holocaust. The commissioner called Phillips’s religious-freedom claim “one of the most despicable pieces of rhetoric that people can use.”

Kennedy’s response was devastating:

To describe a man’s faith as “one of the most despicable pieces of rhetoric that people can use” is to disparage his religion in at least two distinct ways: by describing it as despicable, and also by characterizing it as merely rhetorical — something insubstantial and even insincere. . . . This sentiment is inappropriate for a Commission charged with the solemn responsibility of fair and neutral enforcement of Colorado’s antidiscrimination law — a law that protects discrimination on the basis of religion as well as sexual orientation.

Kennedy could have stopped his opinion right there. As he notes, there was no objection to those comments from other commissioners, and they weren’t disavowed at any time during the proceedings. One of the actual adjudicators of the case was expressing outright hostility to Phillips’s religious expression, a situation different from and more egregious than lawmakers’ expressing hostility to religious faith when passing legislation.

Had Kennedy stopped his opinion at that point, Phillips’s victory would have been important, but profoundly limited. The obvious response would be for the commissioners to reconsider the case, cleanse their rhetoric of outright hostility, deliver the same result on a cleaner record, and put the more difficult free-speech claim right back in the Court’s lap. But Kennedy didn’t stop. He found a separate ground for concluding that Colorado was motivated by anti-religious animus, and that separate ground will make it difficult for states to take aim at “offensive” religious exercise, even when it occurs in a commercial context….

Read it all.

Posted in America/U.S.A., Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Supreme Court

(CT) Christian Baker Masterpiece Cakeshop Wins at Supreme Court

The high court ruled that state penalties levied against Jack Phillips, the Colorado business owner at the center of Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, violated his First Amendment rights to free exercise of religion since the regulations were not applied neutrally.

While the court clearly came down in Phillips’s favor, Anthony Kennedy acknowledged in the court’s opinion that similar cases (like those that have come up involving photographers and florists, as well as pizza shops and a range of other businesses) may be adjudicated differently.

As SCOTUSblog wrote in summary, the decision still allows for the government to bar discrimination against same-sex couples, “so long as the law is applied neutrally and without hostility to religion. But whether the very same law could sometimes violate free speech rights is still totally open.”

Today’s decision still has religious freedom advocates celebrating.

“No one should be forced to violate their faith in order to earn a living, and Jack, who I’ve met and consider a friend, just wants to be free to live out his faith in his chosen profession,” stated Jim Daly, president of Focus on the Family in Colorado Springs, who was “delighted” at the ruling and its implications for religious freedom.

Read it all.

Posted in America/U.S.A., Anthropology, Economy, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Religious Freedom / Persecution, Supreme Court

(Usa Today Op-ed) Daniel Payne–Assisted suicide is not about autonomy. It’s a tragedy that we shouldn’t allow

The skeptic might ask: Why object to legalized suicide, particularly where terminally ill patients are concerned? If people want to take their own lives, why should anyone feel entitled to stand in the way?

The answer is twofold. For one, we should not as a rule grant doctors the prerogative to help kill their patients. The whole history of medicine has been one of improved healing or, in terminal cases, reduced suffering; euthanasia, which devalues life to the point of liquidation, is the precise opposite of good and responsible medical care. To legalize suicide in this way is to weaponize the medical system against the very people to which it should be most attentive.

On a deeper, more substantive level, legalized suicide strikes at the heart of one of the most indispensible ideas in human history: That every human life is precious beyond reckoning and worthy of both honor and protection. Killing someone, even someone who is already dying, directly controverts this principle; you cannot inject people with fatal doses of barbiturates without declaring, however implicitly, that their lives are worth less than an artificial minimum standard.

Those who advocate for legalized suicide see it as a matter of radical autonomy: We should leave it up to each individual to determine the worth of his own life, up to and including an act of suicide. But this is simply an evasive, almost cowardly instance of passing the buck. If you are actively or even passively complicit in an act of euthanasia, you cannot say you do not, in some way, agree with the suicidal person’s assertion that his life is a waste and that he is better off dead.

It is philosophically unavoidable.

Read it all.

Posted in * Culture-Watch, Aging / the Elderly, Anthropology, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Pastoral Theology, Politics in General, Psychology, Suicide, Theology

(Recode) Designer babies are just one example of the ethical dilemmas faced by the genomics industry

We could live in a future world where people pick and choose the traits their babies have, but it may not be the right thing to do.

It’s just one of the many ethical dilemmas that Francis deSouza, CEO of genomics testing company Illumina, who was interviewed by CNBC’s Christina Farr Wednesday at the Code Conference in Rancho Palos Verdes, Calif. llumina sells DNA sequencing technology to companies such as 23andMe and Ancestry.com.

“There was a wealthy industrialist mogul from Silicon Valley who was curious about designer babies for him and his partner,” said deSouza. “With that much power, there are lots of questions that we will have to address about what it means to be human.”

Read it all.

Posted in Anthropology, Children, Corporations/Corporate Life, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Science & Technology, Theology

(AP) Portugal considers allowing euthanasia, assisted suicide

After legalizing abortion and same-sex marriage in recent times, Portuguese lawmakers will decide Tuesday on another issue that has brought a confrontation between faith and politics in this predominantly Catholic country: whether to allow euthanasia and doctor-assisted suicide.

The outcome of the vote is uncertain and is likely to be close, but Portugal could become one of just a handful of countries in the world to permit euthanasia under certain circumstances.

Euthanasia — when a doctor kills patients at their request — is legal in Belgium, Canada, Colombia, Luxembourg and the Netherlands. In Switzerland, and some U.S. states, assisted suicide — where patients administer the lethal drug themselves, under medical supervision — is permitted.

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Posted in Aging / the Elderly, Children, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Portugal, Religion & Culture

(Independent) Dutch court rules third gender should be recognised

A court in the Netherlands has said a third gender should be enshrined in law in a ground-breaking ruling for people who do not identify as either male or female.

The Limburg District Court in the city of Roermond decided an unnamed applicant could be recorded on their birth register as “gender undetermined”.

Until now, Dutch citizens have had to be registered as either a man or woman.

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Posted in Anthropology, Law & Legal Issues, Sexuality, The Netherlands

From 2015: (Crisis) James Matthew Wilson–The Joyful Death of Catholic Ireland

The reason the Irish—as Irish—are celebrating is that they have with this referendum delivered a decisive and final blow to their venerable image as a Catholic nation. They have taken their vengeance on the Church. They must relish the unshackling; they must love the taste of blood. But, finally, they take joy in becoming what, it seems, they were always meant to become. An unexceptional country floating somewhere in the waters off a continent that has long since entered into cultural decline, demographic winter, and the petty and perpetual discontents that come free of charge to every people that lives for nothing much in particular.

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Posted in Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Politics in General, Religion & Culture, Roman Catholic, Theology

(BBC) Irish abortion referendum: Ireland overturns abortion ban

The Republic of Ireland has voted overwhelmingly to overturn the abortion ban by 66.4% to 33.6%.

A referendum held on Friday resulted in a landslide win for the repeal side.

Currently, abortion is only allowed when a woman’s life is at risk, but not in cases of rape, incest or fatal foetal abnormality.

The Eighth Amendment, which grants an equal right to life to the mother and unborn, will be replaced.

The declaration was made at Dublin Castle at 18:13 local time.

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Posted in Anthropology, Ethics / Moral Theology, Ireland, Law & Legal Issues, Life Ethics, Politics in General, Religion & Culture, Theology

Irish Times exit poll projects Ireland has voted by landslide to repeal Eighth Amendment

Ireland has voted by a landslide margin to change the constitution so that abortion can be legalised, according to an exit poll conducted for The Irish Times by Ipsos/MRBI.

The poll suggests that the margin of victory for the Yes side in the referendum will be 68 per cent to 32 per cent – a stunning victory for the Yes side after a long and often divisive campaign.

More than 4,500 voters were interviewed by Ipsos/MRBI as they left polling stations on Friday. Sampling began at 7am and was conducted at 160 locations across every constituency throughout the day. The margin of error is estimated at +/- 1.5 per cent.

Counting of votes begins on Saturday morning at 9am with an official result expected to be declared in the afternoon.

However, the size of the victory predicted by the exit poll leaves little doubt that, whatever the final count figures, the constitutional ban on abortion, inserted in a referendum in 1983, is set to be repealed.

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Posted in --Ireland, Anthropology, Children, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Pastoral Theology, Religion & Culture, Theology

(NYT) When Living Your Truth Can Mean Losing Your Children

The questioning went on for days. Did she allow her children to watch a Christmas video? Did she include plastic Easter eggs as part of her celebration of the Jewish holiday of Purim? Did she use English nicknames for them, instead of their Hebrew names?

This grilling of Chavie Weisberger, 35, took place not in front of a rabbi or a religious court, but in State Supreme Court in Brooklyn, during a custody battle with her ultra-Orthodox Jewish ex-husband after she came out as lesbian and decided to leave the ultra-Orthodox fold. The stakes could not have been higher. In fact, the judge, Eric I. Prus, eventually ruled that she should lose custody of her children, largely because she had lapsed in raising them according to Hasidic customs.

Ms. Weisberger’s case, which was reversed on appeal in August, is still reverberating through New York courts that handle divorce and custody matters for the state’s hundreds of thousands of ultra-Orthodox Jews.

A New York State appellate court ruled that Justice Prus had erred in making religious observance the paramount factor when deciding custody. The court also said he had violated Ms. Weisberger’s constitutional rights by requiring her to pretend to be ultra-Orthodox around her children, even though she was no longer religious, in order to spend unsupervised time with them.

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Posted in Children, Judaism, Law & Legal Issues, Marriage & Family, Other Faiths, Religion & Culture, Secularism

South Carolina Bishop Mark Lawrence Calls for Day of Prayer and Fasting on June 7, 2018

From there:

Dear Friends in Christ,
“At the set time which I appoint I will judge with equity.
 When the earth and all its people quake, it is I who hold its pillars firm.”
Psalm 7:2-3

On Tuesday of this week, we learned that the United States Supreme Court has scheduled a conference for Thursday, June 7, 2018 to consider our Petition for a Writ of Certiorari.  This conference will determine if they will hear our case during the next term. Though this is welcome news, only a small fraction of Petitions is granted each year by the Court.

Therefore, as your bishop, I am requesting that along with your congregational prayers, you will also include this matter in your personal and daily prayers.  I also ask that many of you, and particularly those with gifts of intercession, join me in setting aside the Thursday, of June 7th as a Day of Prayer and Fasting for the Court and for the Church.  

You will find below a general prayer to which you may add your petitions as God, the Holy Spirit, might lead you.  We are also providing a link to a list of the Justices of the Supreme Court, whom you may want to pray for individually.

Almighty God, Judge and Redeemer of the world, send upon all courts of justice, and especially the Supreme Court of the United States and its justices, a spirit of wisdom, understanding, and discernment; grant that they may rightly and impartially interpret and administer the law; through him who shall come to be our Judge, your Son our Savior Jesus Christ.  Amen.

Faithfully yours in Christ,

–(The Right Reverend) Mark J. Lawrence is 14th Bishop of the Diocese of South Carolina

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Religion & Culture, Spirituality/Prayer, Supreme Court

(ABC 7 Chicago) Hard to watch but important–Milwaukee police release Sterling Brown arrest body cam video

Milwaukee Police Chief Alfonso Morales apologized to Bucks guard Sterling Brown on Wednesday for a January arrest that started with a parking violation and escalated to include use of a stun gun, and said some officers had been disciplined.

Brown responded with a statement that described the incident as “an attempt at police intimidation” and said it “shouldn’t happen to anybody.”

Morales’ apology came as police released body-camera footage that showed how a simple interaction over an illegally parked car quickly escalated. City officials’ concern over the content of the video was apparent earlier this week when Mayor Tom Barrett said he found it concerning.

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Posted in America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Race/Race Relations, Sports, Urban/City Life and Issues