Category : Law & Legal Issues

The South Carolina Case of the Historic Diocese and the Nearly brand New TEC Diocese gets a Date for SCOTUS Conference

From there:

Friends,

Good news! Today the United States Supreme Court announced that our Petition for Certiorari has been distributed for Conference on Thursday, June 7.

As anticipated, the Eden Prairie case (which involves the same legal issues as our own case) has also been docketed for Conference that day.

Both cases raise the question of how courts interpret the Jones v. Wolf (1979) decision and its guidance on “neutral principles of law”. In Conference, the Justices will be discussing if these are cases they wish to review to resolve the conflicting interpretations.

The consequence is that we could hear as early as Monday, June 11th what the Court’s decision is regarding our Petition for Certiorari. If granted, our case would then be heard some time in the next session of the court, which begins this fall.

Please encourage your congregation to keep the Court’s deliberations that day in their prayers.

Blessings,

(The Rev. Canon) Jim Lewis

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

(LA Times) California attorney general appeals judge’s decision to overturn physician-assisted suicide law

California Atty. Gen. Xavier Becerra on Monday filed an appeal against a judge’s recent ruling overturning the state’s physician-assisted suicide law.

The controversial law, which allows terminally ill patients to request lethal medications from their doctors, has been the subject of litigation since it was enacted two years ago.

Last week, Riverside County Superior Court Judge Daniel A. Ottolia ruled that the law’s passage was unconstitutional and the law should be overturned.

Becerra’s action Monday moves the case to an appeals court, which will decide the future of the law. He also asked that the law stay in place while the matter is further litigated, a request that will most likely be granted, said Kathryn Tucker, an attorney who heads the End of Life Liberty Project at UCSF/UC Hastings Consortium on Law, Science & Health Policy.

Read it all.

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

(WSJ) Joe Lieberman–A Holiday for the Rule of Law

A doctor, an engineer, and a lawyer get into a debate about whose profession is the oldest. The doctor argues that it’s medicine: “There must have been a doctor in the Garden of Eden to help God transform Adam’s rib into Eve.”

“Oh no,” the engineer shoots back. “Before that there must have been an engineer who assisted God in changing primordial chaos into the order of the universe.” Then the lawyer chimes in: “You’re both wrong. There must have been a lawyer there first to create the chaos.”

Sure, some lawyers’ behavior merits such jokes. But many play a crucial role in maintaining the rule of law, which creates order. A good legal system makes the difference between a civilized society and a chaotic one, and it all began when God gave the Ten Commandments to Moses on Mount Sinai.

For Jews, now is the perfect time of year—between Passover and the much less observed holiday of Shavuot—to contemplate the role of law in our lives.

Read it all.

Posted in Judaism, Law & Legal Issues, Religion & Culture

A S Haley–The South Carolina Case of the Historic Diocese and the Nearly brand New TEC Diocese Goes to SCOTUS Conference

In their (non-linkable) respondents’ brief, ECSC and ECUSA took a gamble by resting their main opposition upon just a single ground: that the Court lacked jurisdiction to review the case because the five divided justices of the South Carolina Supreme Court had decided the case below on independent state-law grounds, and did not rest their decision on any interpretation of federal law. (SCOTUS reviews only issues of federal law that are decided by either the state or federal courts.)

As the Diocese’s reply brief points out, this claim is far from accurate. Two of the justices below (Pleicones and Hearn) were clear that they viewed the 1979 decision of the U.S. Supreme Court in Jones v. Wolf as requiring them to give effect to the trust on church property imposed by the Dennis Canon, even if the documentation of that trust failed to pass muster under South Carolina law. In other words, Justices Pleicones and Hearn held that the First Amendment trumped state trust law — and that was obviously a federal ground of decision.

Even Chief Justice Beatty, who declined to articulate his reasoning, held that the Dennis Canon was sufficient to create a trust under South Carolina law so long as the individual parishes “acceded” in some way to that Canon. Since, as Justice Kittredge pointed out in dissent, any argument that a trust under South Carolina law could rest upon such a dim showing of assent was “laughable”, it is only fair to conclude that Chief Justice Beatty reached his result by relying upon the same (federal-law) reading of Jones v. Wolf that drove Justices Hearn and Pleicones.

In sum, the South Carolina case presents as good a reason as ever will arise for SCOTUS to grant review, in order to end the confusion over the meaning of Jones that divides some nineteen different state and federal courts below. (Those decisions are reviewed and discussed at pp. 21-29 of the Diocese’s petition.)

Read it all.

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

Diocese of South Carolina Canon Jim Lewis’ letter about Yesterday’s Supreme Court Filing

From there:

Dear Friends,

Today, the Diocese of South Carolina filed a Reply Brief with the U.S. Supreme Courtin response to last week’s Brief in Opposition by TEC.  The Reply succinctly addresses each of TEC’s legal objections to our Petition for Certiorari by the Court and reinforces the appropriateness of their granting review.

The Reply demonstrates that:

1. The State Court ruling does NOT rely strictly upon state law and precedent.
2. Four of the five justices in their opinions demonstrate their reliance upon the “hybrid” approach to neutral principles of law to reach their conclusion.
3. The TEC brief actually affirms the split in the lower courts on this issue, further reinforcing the need for the U.S. Supreme Court to grant our Petition.

The conclusive statement from the Argument is an apt summary.  “Respondents’ remaining arguments against certiorari all lack merit.  Four decades after Jones, the time has come for this Court to bring order out of chaos and resolve the meaning of  the “neutral principles” approach to church property disputes.”

This filing represents the final step before our case will be scheduled for Conference by the Court.  We anticipate that will come in the next several weeks, with a decision on our Petition soon thereafter.

As we now move to the conclusion of this critical process, I would encourage the intentional prayers of you and your parish for a timely conference, a favorable review and the opportunity to argue our case before the court in full.  And continue to pray God’s grace for our legal counsel, in the midst of the many demands of this litigation, to argue effectively in the defense of this Diocese and its congregations.

Easter blessings,

(The Rev.) Jim Lewis is Canon to the Ordinary, Diocese of South Carolina

Posted in * Anglican - Episcopal, * South Carolina, America/U.S.A., Church History, History, Law & Legal Issues, Religion & Culture, Supreme Court

(Local Paper front page) South Carolina unlikely to legalize sports betting, despite U.S. Supreme Court ruling

A short stack of South Carolina legislators is pushing to allow sports betting in the Palmetto State following a U.S. Supreme Court decision Monday that overturned a federal ban.

But the odds are long.

The ruling by the nation’s high court leaves states to decide whether people can legally bet on football, basketball and other sports. Under the 1992 federal law it struck, Nevada was the only place where people could bet on results of a single game.

About three dozen states could offer sports betting within five years — from California to Iowa to Delaware. At least five states including New Jersey, Mississippi and West Virginia have passed laws awaiting the high court’s ruling.

But don’t bet on those including South Carolina, where even church raffles weren’t legal until 2015.

Read it all.

Posted in * South Carolina, America/U.S.A., Ethics / Moral Theology, Gambling, Law & Legal Issues, Sports, State Government, Supreme Court

In the Diocese of SC Supreme Court Case–The Diocese has now filed its response to TEC and the new TEC Diocese

You can find the full 17 page pdf here–read it carefully and read it all. Please do continue to note that you can follow all the documents as they become available there.

Posted in * Anglican - Episcopal, * South Carolina, Church History, History, Law & Legal Issues, Parish Ministry, Religion & Culture, State Government

(Guardian) ‘Our most profound moral issue’: Guernsey’s vote on assisted suicide

Opposition to the proposal has been led by churches, the British Medical Association (BMA) and the Guernsey Disabilities Alliance. A key government committee has refused to back the proposal, saying it is not a priority and investigations would be a drain on resources.

In March, the Catholic bishop of Portsmouth, Philip Egan, sent an emotive letter to be read out in the island’s RC churches. “Let there be no death clinics in Guernsey,” it said. “I appeal to Catholics to mobilise. Speak out against this proposal. It is never permissible to do good by an evil means.”

An open letter from 53 Christian ministers and officials in Guernsey also opposed the proposal, saying it was “seen as a threat by people living with various disabilities, vulnerable people and ultimately, perhaps, by all of us, as we approach the end of our lives. Every life is a gift that is precious and worthy of defence. Living life in all its fullness will include darker times, pain and sorrow. This is part of the rich diversity and tapestry of life that also provides opportunities for care, generosity, kindness and selfless love.”

Read it all.

Posted in Anthropology, Death / Burial / Funerals, England / UK, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Religion & Culture, Theology

(NPR) Supreme Court Rules States Are Free To Legalize Sports Betting

The Supreme Court’s court decision reversing that outcome will make it easier to open the door to sports betting.

But the status quo struck down by the Supreme Court looks almost quaint in light of increased pressure to legalize sports betting across the board.

The American Gaming Association estimates that illegal sports betting has grown to $150-billion-a-year market. And cash-starved states are salivating at the thought of raising billions from legalizing and licensing that activity, not to mention taxing the proceeds.

New Jersey, home to at least a half dozen shuttered Atlantic City casinos, is a state where Republicans and Democrats since 2011 have been trying to overturn the federal ban or somehow get around it.

After oral arguments in December, then-Gov. Chris Christie, R-N.J., said on the Supreme Court steps, “If we’re successful here, we can have bets being taken in New Jersey within two weeks of a decision by the court. We’re like boy scouts; we’re prepared.”

Read it all.

Posted in * Economics, Politics, America/U.S.A., Anthropology, Ethics / Moral Theology, Gambling, Law & Legal Issues, Sports, State Government, Supreme Court, Theology

The rector of Saint Helena’s, Beaufort, writes his Parish

From here:

Brothers and Sisters in Christ,

We are warned repeatedly in the Scriptures (Psalm 131:1, Romans 11:33-36, etc.) that there are many things our infinite and perfect God is doing that are beyond our comprehension and understanding, yet He is working all things together for our good (Romans 8:28). From time to time by the power of the Holy Spirit, God shows us what I call Kingdom convergence — the ability to glimpse His guiding hand in the midst of things that might not initially be seen as connected. Allow me to give three examples in the life of St. Helena’s today.

  1. “Why the Battle?” Series — Through this teaching series at the Rector’s Forum and the availability of these resources online, many of us are gaining a greater understanding of how important this Gospel struggle is to the greater call of discipleship. We are truly dealing with different worldviews and seeing the necessity of being sharpened in our ability to speak persuasively for our position.
  2. Recent TEC Court Filings — Imagine how important it is for us to be united in this stand for the Gospel when we got word yesterday that TEC has asked the State District Court to begin to distribute the properties of the diocese and the parishes to TEC based on their winner-take-all strategy (read the motion HERE). Never mind the fact that the US Supreme Court is still considering our petition for writ of certiorari, this is a tactic that is designed to deflect our attention and begin to strike doubt in the hearts of our church members. This is why it is so important that we stay focused on our Vision.
  3. Fripp Island Summer Services — Kingdom convergence is so visible here because we are moving out with raising up worshipping communities this summer at Fripp Island. This is not a time to shrink back, but a time to be bold. My encouragement is that God has raised up this outreach through the members who live on Fripp, and we as a Body are being drawn into this fine prayer and planning through the work of servant leaders. The long and the short of it is that St. Helena’s will offer a beach service at 9 am on Fripp Island in front of the beach club beginning Sunday, May 27, and going through July 8. This is an outreach service designed to sow the seeds of the Gospel to the numerous weekly visitors to the island. Kingdom come!

All three of these things and many others are going on in the life of St. Helena’s. We are being guided by the Holy Spirit and our Vision to stand firm and continue to be focused on the least, the last, and the lost. I hope you see the Kingdom convergence that I do. Indeed, “God is working His purposes out …”

With hope,

–(The Rev.) Shay Gaillard

Posted in * Anglican - Episcopal, * South Carolina, Evangelism and Church Growth, Law & Legal Issues, Ministry of the Laity, Ministry of the Ordained, Parish Ministry

(CT Gleanings) Families Who Cross the Border Together Won’t Stay Together

amily unity is among the biggest factors for American evangelicals advocating for immigration reform; it comes up in almost every statement, prayer, and open letter rallying believers around the cause.

And it continues to prove a major concern, as the government’s recent crackdown on border-crossings requires authorities to split up parents and children who illegally enter the country together.

Despite the pleas from top evangelical leaders—including some of President Donald Trump’s advisers—to protect the family unit, Attorney General Jeff Sessions announced this week that all adults caught by Border Patrol would be prosecuted as criminals while their children would be separated and treated as if they entered the US as unaccompanied minors.

“I have put in place a ‘zero tolerance’ policy for illegal entry on our Southwest border. If you cross this border unlawfully, then we will prosecute you. It’s that simple,” he said on Monday in San Diego, where a caravan of migrants, many of them mothers and children, had arrived a week before.

Read it all.

Posted in Children, Ethics / Moral Theology, Foreign Relations, Immigration, Law & Legal Issues, Marriage & Family, Politics in General

(TGC) Joe Carter–The Incel Movement and the Repugnant Logic of the Sexual Revolution

[The US Supreme Court 1965] Griswold [decision] was based on a negative right to privacy. But since then it has broadened to include new positive rights—such as the requirement of businesses to pay for abortifacients in their health-insurance plans and to use artistic talents to serve the “weddings” of same-sex couples.

Some sexual-rights advocates, such as bioethicist Jacob Appel, are now claiming a right even more expansive than the right to privacy: that “sexual pleasure is a fundamental right.” Based on this view, they argue for the inclusion of numerous new negative sexual rights, such as that women and girls have a right to sell their bodies for money.

Yet if sexual pleasure is fundamental, what happens to those who are unable to acquire it because of a lack of money or mate? We don’t deny people food or water because they can’t afford it, so why would deny them the “fundamental right” of sex?

The logic of sexual rights will compel, as Hanson noted, that sex may need to be redistributed using the power of the state. Hanson may be the “creepiest economist in America,” but he’s also able to follow the presuppositions of the sexual-rights advocates to their logical conclusion.

Read it all.

Posted in America/U.S.A., Anthropology, Canada, Ethics / Moral Theology, Law & Legal Issues, Philosophy, Sexuality, Theology

In the Diocese of SC Supreme Court Case–TEC and the new TEC Diocese have now filed their response

You can find the full 41 page pdf here–read it carefully and read it all. Please do continue to note that you can follow all the documents as they become available there.

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

A [London] times article on the forthcoming vote in Guernsey’s parliament on whether to legalise assisted suicide

Quirks such as the £1 note are a reminder that life on the quaint British dependency of Guernsey is like it is on the mainland — but not in every way. The law governing how islanders die could soon make the difference starker.

In 10 days’ time, Guernsey will vote on whether to become the first place in the British Isles to legalise assisted dying, reigniting a national debate and raising fears of Swiss-style “death clinics” in the Channel.

The bill needs the support of 21 local politicians to pass: a simple majority of the 40 who sit in the island’s parliament. None belongs to any party or bloc, so the outcome is hard to predict.

Those who have drafted the law say it is strictly designed for terminally ill residents — but opponents believe the island, used by global elites as a tax haven, could become a magnet for death tourism.

Read it all.

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

(Forbes) Religious Organizations Rally To Preserve Current Tax Treatment Of Clergy Housing Allowances

The wonderful thing about this litigation is how it brings different faith communities together in their desire to protect their cherished tax benefit. Not yet available is the brief from the following amici – Christian Legal Society, Evangelical Council for Financial Accountability, Union of Orthodox Jewish Congregations, National Association of Evangelicals, Lutheran Church–Missouri Synod, Council of Churches of New York City,  and Queens Federation of Churches.   Last time around there was a brief that included The Ethics & Religious Liberty Commission of the Southern Baptist Commission (Southern Baptists, the second largest denomination in the United States probably have the most skin in this game) and   The International Society for Krishna Consciousness and The Islamic Center of Boca Raton.

Read it all.

Posted in Ethics / Moral Theology, History, Housing/Real Estate Market, Inter-Faith Relations, Law & Legal Issues, Personal Finance, Politics in General, Religion & Culture, Taxes

(Guardian) Log in, break up – the new ‘easy’ way to get a divorce online

Breaking up is never easy, as Abba sang, but the Ministry of Justice is so pleased with its online divorce pilot that it has launched the scheme nationwide this month.

The latest initiative in the department’s £1bn modernisation programme enables couples splitting up across England and Wales to complete their applications on a website without going to court.

Language has been simplified for the digital form, allowing payments and evidence to be uploaded from home. More than 1,000 petitions were issued through the system during its test phase, with 91% of users, according to the MoJ, reporting that they were satisfied with the service. Sir James Munby, the judge in charge of the high court’s family division, recently described online divorce as a “triumphant success” and “final proof positive that whatever people think, government can do IT [information technology]”.

Read it all.

Posted in Blogging & the Internet, England / UK, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Science & Technology

Statement from the Bishop of Derry and Raphoe, Ken Good, on the Referendum on the Eighth Amendment in Ireland

Unquestionably, the Referendum on the Eighth Amendment raises a number of complex questions: should abortion be dealt with in the Constitution or by way of government legislation; should the fact that hundreds of Irish women already leave the state every year to procure abortions influence our response; does the fact that many terminations are already taking place in Ireland (using unregulated pills) mean abortion should be made legal; and how should Ireland’s record of failure in the care of women and children – for example in the mother and baby homes – affect the way we vote?

Often, in the past, the protection of vulnerable women and children in Ireland left a lot to be desired, but legislating now to allow the lives of the most defenceless among us to be terminated is not the answer.

Past wrongs would be better addressed by providing better pastoral care in future for women, their partners and their families; by improving support services; and by investing more in medical and mental health services. We must be compassionate in responding to those for whom pregnancy is unwelcome or traumatic, and must seek to offer a positive alternative to abortion.

The Archbishops of the Church of Ireland have stated that “unrestricted access to abortion in the first twelve weeks of pregnancy, or indeed at any stage, is not an ethical position we can accept.” Nevertheless, our tradition is concerned to ensure provision for terminations in – hopefully – rare circumstances and in a safe medical setting.

People differ on where the line should be drawn….

Read it all.

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

For those of You closely Following the Diocese of SC Supreme Court Case–TEC and the new TEC Diocese have requested another extension until May 7th

From there:

Apr 26, 2018: Motion to extend the time to file a response is granted and the time is further extended to and including May 7, 2018, for all respondents.

Posted in * South Carolina, Church History, Law & Legal Issues, Parish Ministry, Stewardship, Supreme Court

(Sun Online) Nigerian Anglican Primates calls on Government to offer better security, criticizes idea of more armed self-defence

The clergyman said that the responsibility of security lies squarely on the shoulders of the government as that was, according to him, part of the social contract it entered into with the people.

Apparently referring to the call by some prominent Nigerians for the people to defend themselves, the Prelate said that a situation where everybody would have to carry arms to defend themselves would spell doom for the country.

The Primate made the call at the Cathedral of All Saints, Abakaliki, in an interview with newsmen shortly after commissioning about 135 metres of road that leads to the Cathedral, which was constructed by the Ebonyi State Government.

Read it all.

Posted in Church of Nigeria, Ethics / Moral Theology, Military / Armed Forces, Police/Fire, Politics in General

The Alfie Evans Case (III)–Dominic Lawson: Parents can love, but not protect: ask Alfie Evans’s mum

This is emphatically not an argument for parents to impose quacks on seriously ill children. But the NHS has an institutional antipathy to experimental forms of cancer treatment, even in cases where it knows its own methods hold no prospect of a lasting cure. I can’t help thinking a system in which patients and their parents are not themselves paying (except compulsorily as taxpayers) encourages the attitude that they should keep quiet and be grateful for what they get.

Still, the vituperation directed at the staff of Alder Hey is unconscionable. They looked after Alfie to the very best of their ability, and must also have felt distress as his condition — the result of an inexplicable degenerative disorder that attacked the brain of an apparently healthy newborn — worsened. But for him to have ended up as, in effect, a prisoner until death of the state that had earlier removed his ventilation against his parents’ wishes is no advertisement for the English medico-legal system. It’s one thing to give up the medical fight for the child’s life; quite another to say to the parents, “But, all the same, you can’t take him away from us, either back home to die or to a foreign hospital prepared to treat him at its own expense.”

Even if such treatments are pointless — our courts had decided there was no further point in the existence of Alfie Evans — it offends against our entire idea of family to treat the feelings and wishes of loving parents as irrelevant. This love is not just the indispensable basis of a good society. Maternal love is the most powerful force in the known universe. It demands more respect than this.

That truth is about to be put before the courts in another case, in which my wife is involved. With two other mothers whose adult children, like our younger daughter, have what nowadays is called “learning difficulties”, she is bringing a test case before the Court of Protection. As the law stands, the parents of such adults, whether in residential care or not, have no right to a decisive role in how their children are treated. The carers would be obliged to give the parents such a right if the mother or father were appointed by the courts to be their adult child’s welfare deputy. But the current code stipulates that this can be agreed by courts only “in the most difficult cases”.

Read it all (requires subscription).

Posted in * Economics, Politics, Anthropology, Children, Death / Burial / Funerals, England / UK, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Psychology, Religion & Culture, Theology

The Alfie Evans Case (II)-Ross Douthat: Alfie Evans and the Experts

[The New Yorker’s Rachel] Aviv focuses on the Kafkaesque odyssey of Julie Belshe, a mother of three who spent years extracting her parents from the talons of a woman, April Parks, who was later indicted on charges of perjury and theft. But Parks flourished in a larger system designed around the assumption that old people are basically better off without their kids, because offspring are probably motivated either by raw emotionalism or by gimme-gimme avarice, as opposed to the cool wisdom of expert doctors, professional guardians, and wise judges.

Such a system is custom-built for the coming world of post-familialism, the world bequeathed to us by sexual individualism and thinning family trees. Just as more and more children are growing up without the active fathers who fought for Charlie Gard and Alfie Evans or the extended kinship network that saved Jahi McMath, more and more people will face old age without sons and daughters to care for them or to challenge the medical-judicial complex’s will.

It is the tragedy of our future that for many people there will be no exit from that complex, no alternative means of receiving care. But it is the task of our present to ensure that where the family still has the capacity to choose for an aging parent or a dying child, the family rather than the system gets to make the choice.

Yes, that choice may be wrong; it may have its own dark or foolish motivations. But those are risks a humane society has to take, so that in our weakest moments we can hope to be surrounded not just by knowledge or power, but by love.

Read it all.

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

The Alfie Evans Case (I)–Albert Mohler: Life in the Balance in Liverpool — Alfie Evans Is Not Alone

One of the most important rights throughout human history is the right of parents to make decisions concerning their children’s welfare. Almost every culture and civilization has honored this principle—formally or informally–as a basic human right and a necessary foundation for family flourishing. Western countries often recognized parental rights as natural rights—rights that cannot be compromised by government interference. But in the case of Alfie, the state is redefining parental rights so that they extend only as far as the government or other elites, such as the medical elites, determine.

Furthermore, unlike the Charlie Gard case, Alfie Evans has only been examined by one medical team or acute care team. As Charles Camosy has pointed out, those acute care teams of medical experts often make the wrong decisions regarding the inevitability of death. To put the matter bluntly, there are numerous cases in which medical authorities said an individual would surely die, but those people are still alive.

Sohrab Amari, writing for Commentary Magazine, is on point: “The medical complexities of the case, played up by the court and its defenders, serve to obscure a basic moral principle. No one is asking the UK National Health Service to expend extraordinary measures to keep Alfie alive. All Alfie’s parents ask is to be allowed to seek treatment elsewhere, again at Italian expense, even if such treatment proves to be futile in the end.” The same principle, says Amari, was at stake in last year’s Charlie Gard case. Once more, British courts have distorted the relevant legal standard, the best interest of the child, to usurp natural rights. This disturbing point is a political issue, to be sure. But natural rights are pre-political. Governments do not invent or grant natural rights. The rightful role of government is to respect and protect the rights that exist prior to the state and its laws.

If the state does not recognize parental rights as natural rights and government authorities and elites can subvert the will of parents, then we’re going to witness a long succession of cases just like Charlie Gard and Alfie Evans—and not just in Great Britain.

Read it all.

Posted in Children, Death / Burial / Funerals, England / UK, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family

(Economist) is the Assisted Suicide Advocacy Movement gaining Momentum in the USA?

Three years ago John Radcliffe, a jovial retired lobbyist in Hawaii, was diagnosed with terminal stage four colon and liver cancer. He has since undergone 60 rounds of chemotherapy but doctors suspect he has just six more months to live. His illness often leaves him feeling exhausted but, undeterred, he has spent the past few years pushing to pass one last bill: Hawaii’s “Our Care, Our Choice Act”, which allows doctors to assist terminally ill patients who wish to die. Earlier this month, as Mr Radcliffe beamed behind him in a colourful lei, Hawaii’s governor signed the bill into law making Hawaii the seventh American jurisdiction to approve an assisted-dying law.

Like the laws in California, Washington, Vermont, Colorado and Washington, DC, Hawaii’s law is modelled on legislation in Oregon, which was the first state to allow assisted dying, in 1997. It permits an adult, who two doctors agree has less than six months to live and is mentally sound, to request lethal medication. The most commonly used drug is secobarbital, a barbiturate that induces sleep and eventually death by slowing the brain and nervous system. It is usually prescribed in the form of about 100 capsules that must be individually opened and mixed into liquid—a process advocates say averts accidental overdoses. The patient must take the medication themselves, without aid, but they can choose when and where to do so. Death with Dignity, an Oregon-based pressure group, estimates that 90% of the recipients of this service end their lives at home.

Legislatures in 24 other states are considering similar bills this year. Most will flounder. In 2017, 27 states debated assisted dying. None approved it. Still, the right-to-die movement seems likely to gather momentum. Between 1997 and 2008, Oregon was the only state that allowed doctors to let some patients hasten their deaths. In the decade since, six other jurisdictions have legalised assisted dying, either through legislation or ballot initiatives. Advocates are hopeful that Nevada, New Jersey and Massachusetts might soon follow….

Read it all.

Posted in America/U.S.A., Anthropology, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Pastoral Theology, Theology

(KC Star) Elizabeth Kirk–Kansas adoption bill would protect religious liberty, not discrimination

When the Supreme Court’s 2015 Obergefell v. Hodges decision affirmed Americans’ constitutional right to same-sex marriage, Justice Anthony Kennedy assured the country that the religious freedom safeguards enshrined in the First Amendment would protect those who continue to oppose those marriages. In his dissenting opinion, Justice Samuel Alito was not so sanguine, warning, “I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers and schools.”

Not quite three years later, Alito’s concerns have already come to pass.

In a Star guest commentary earlier this month, Lori Ross, CEO of FosterAdopt Connect, claimed that a bill currently proposed in Kansas would enshrine “taxpayer-funded discrimination,” calling it “negligent” and “harmful.” By referencing the truly tragic story of a young boy’s suicide, she implied that the bill could lead to the deaths of children in the state foster care system. Or take Republican state Sen. Barbara Bollier’s statement on the Senate floor during a debate on the bill, where she called Catholic teachings on marriage “sick discrimination.” What sort of legislation would draw such vehement denunciation?

The proposed legislation is the Adoption Protection Act. All it does is ensure that faith-based adoption providers will be allowed to continue to operate in accordance with their sincerely held religious beliefs. In other words, the proposed legislation merely preserves the status quo and makes it clear that faith-based providers will not be penalized for serving in accordance with their beliefs.

Read it all.

Posted in Anthropology, Children, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, State Government, Theology, Uncategorized

(Christian Today) Religious freedoms deteriorating, American federal watchdog finds – but there are glimmers of hope

While many countries are increasingly denying religious freedoms, especially bad acts of religious persecution are more likely to draw global protest 20 years after the International Religious Freedom Act of 1998, a US federal watchdog commission has reported.

Delivering a mixed picture, the US Commission on International Religious Freedom (USCIRF) released its 2018 annual report on 2017 religious freedom violations in 28 countries.

‘Sadly, religious freedom conditions deteriorated in many countries in 2017, often due to increasing authoritarianism or under the guise of countering terrorism,’ USCIRF chairman Daniel Mark said.

Read it all.

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

(Church Times) Secretary General of the Archbishops’ Council, William Nye, writes a letter which warns TEC (The Episcopal Church) about same-sex marriage rites

Proposals to incorporate marriage rites used by same-sex couples into the Book of Common Prayer (BCP) of the Episcopal Church in the United States will increase pressure in the Church of England to “dissociate” itself, the secretary general of the Archbishops’ Council, William Nye, has warned.

In a letter to the Episcopal Church’s Task Force on the Study of Marriage, which has produced the proposals, Mr Nye writes that, if the rites — written to be used by same-sex or opposite-sex couples — are incorporated into the BCP as the only marriage rite, “the pressure to dissociate the Church of England from TEC [the Episcopal Church], in all manner of ways, would increase”. Such a move would also be “potentially damaging” to work in the C of E to create a new teaching document on sexuality (News, 30 June), he writes.

He goes on to warn that, if provision is not made for traditionalists in the Episcopal Church, it would be a “serious blow for interfaith relations, negatively impacting Christians around the world especially in areas where they are persecuted minorities, as well as harming the stringent efforts to reinforce moderation in religious expression in countries like ours which are affected by terrorism”. The Episcopal Church’s promulgation of the new liturgies is, he writes, “at the least, unhelpful to those of us seeking to bring the Church of England’s deliberations to a good outcome”.

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Posted in --Civil Unions & Partnerships, --Justin Welby, Anthropology, Archbishop of Canterbury, Church of England, England / UK, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Pastoral Theology, Religion & Culture, Sexuality Debate (in Anglican Communion), Theology, Theology: Scripture

(Local paper) Lowcountry South Carolina’s St. Andrew’s Church ‘finding a way forward’ after blaze that ravaged ministry center

One day after a fire devastated a large portion of St. Andrew’s Church Sunday, leaders started to plan how they’ll press forward, as authorities investigate the cause of the blaze.

Staff gathered Monday morning in a conference room inside Whole Foods, where they worshiped and debriefed after the fire that ravaged the Mount Pleasant church’s ministry center in the Old Village early Sunday.

Officials from the Episcopal Diocese of South Carolina attended the meeting to offer support, St. Andrew’s spokesman Greg Shore said.

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Posted in * Anglican - Episcopal, * South Carolina, Parish Ministry, Police/Fire

Adrian Hastings–Did Archbishop Sentamu fob off the Clergy Discipline Commission to protect bishops from allegations of misconduct?

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Posted in Anthropology, Archbishop of York John Sentamu, England / UK, Ethics / Moral Theology, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Religion & Culture, Theology

(BP) Army chaplain fights charge of unlawful discrimination

Southern Baptist chaplain Jerry Scott Squires is fighting a U.S. Army investigator’s charge of unlawful discrimination for refusing to preside over a marriage retreat including same-sex couples.

But Squires followed federal law and Army and Southern Baptist Convention chaplaincy protocol when he rescheduled a Feb. 9 Strong Bonds marriage retreat in order to involve a non-SBC chaplain, thereby accommodating the attendance of a lesbian couple, First Liberty Institute said in an April 17 letter to the Army in Squires’ defense.

“Federal law and Army policy both make clear that chaplains must remain faithful to the tenets of their faith,” First Liberty attorney Michael Berry wrote in the letter. “The failure of a chaplain to do so exposes the chaplain to risk of losing their ecclesiastical endorsement, or worse, violates … federal law and policy…. Squires’ actions here are fully protected by federal law and regulation.”

Squires, who follows the 2000 Baptist Faith and Message in protocol established by the North American Mission Board as an SBC-endorsed chaplain, told First Liberty he was shocked when an Army investigator concluded he should face disciplinary action, which is currently pending.

“I hope the Army sees that I was simply following Army regulations and the tenets of my church,” Squires, a decorated major with more than 25 years of military service, said in a First Liberty press release April 17.

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

Posted in * Economics, Politics, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Baptist, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Military / Armed Forces, Pastoral Theology, Religion & Culture, Theology, Theology: Scripture

The rector of Saint Andrews updates his parish on Yesterday’s Fire

The recurring question of the day has been, “what can I do?” I love that about our church family; everyone willing to jump in and do what they can. Because a fire of this magnitude is beyond a pick-up clean-up crew we are working with our insurance agency about specific next steps.

I need your prayers for wisdom. Over the next few days we have to sort out some very practical matters. We need space for our weekly staff meetings. We need office space. We need to have electricity restored to the undamaged part of our campus. We need to sort weekend worship schedules. Most importantly, we need to rally to one another and to the Lord who will surely lead us in the weeks ahead.

Let me close with a picture that one of our members took with his drone at the end of the day. Amidst the ruin of our beloved sanctuary you will see standing the emblem of our faith, the cross of Jesus Christ. That wooden cross was at the epicenter of the fire – and it still stands! I believe with every fiber of my being that what the enemy meant for ill the Lord will redeem for His Kingdom purposes in ways that will surprise and delight us.

We – you and I – are the church and the Lord dwells within us and among us, He will surely lead us higher up and further in.

With much love in Christ,
Steve​ ​& Jacqui

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Posted in * Anglican - Episcopal, * South Carolina, Parish Ministry, Police/Fire