Category : Law & Legal Issues

(CEN) Bp Michael Nazir-Ali–There Must be no retreat from the public square by Christians

I have worked for a number of years with persecuted Christians and those of other faiths, especially in the Middle East and South Asia.Sometimes I am asked about those who feel they are ‘persecuted’ nearer home, in the UK. At one level the comparison is only superficial; Christian faith in the UK does not usually mean putting your life or liberty at risk.

Yet.

I find, though, that persecution begins with exclusion and discrimination. What is being dismissed from your post for your Christian views on marriage if not persecution? Or being refused as an applicant for adopting or fostering children if not persecution? Or being suspended as a teacher because of your Christian beliefs? Or losing your job for praying with a patient, if not persecution? So many examples can be given.

The family has been under sustained attack in this country for the last 50years. The family is the basis of a stable society.Yet our country has just abandoned the biblical teaching of marriage in public law.These attacks will not stop there.

First, divorce is becoming ever easier with further proposals for no-fault divorce. Marriage is no longer a covenant or contract.There is no accountability for people who abandon a marriage for no good reason.Family patterns are being reinvented and we are being told that fathers are not necessary. Yet all the research shows that fathers are very important for the proper maturing of children.

Read it all (subscription required).

Posted in Church of England (CoE), CoE Bishops, England / UK, Ethics / Moral Theology, Law & Legal Issues, Life Ethics, Marriage & Family, Religion & Culture

(Christian Today) Martyn Percy: Why the Church’s response to the George Bell inquiry is so shocking

Since the publication of the Carlile Report, the Archbishop, Church of England National Safeguarding Team and the Bishop of Chichester have all been defensive. They recognise that there are criticisms. But they continue to speak and behave as though they got the right result – merely via a flawed methodology. I am reminded of the quote from Alan Partridge: ‘You know, a lot of people forget that for the first three days, the cruise on The Titanic was a really enjoyable experience.’

On the October 21, 2015, I had been rung by the then Secretary-General of the Archbishops’ Council and of the General Synod of the Church of England, Sir William Fittall. It was Fittall who told me, over the phone, that a ‘thorough investigation’ had implicated Bishop George Bell in an historic sex-abuse case, and that the Church had ‘paid compensation to the victim’. Fittall added that he was tipping me off, as he knew we had an altar in the Cathedral dedicated to Bell, and that Bell was a distinguished former member of Christ Church.

Fittall asked what we would do, in the light of the forthcoming media announcements. I explained that Christ Church is an academic institution, and we tend to make decisions based on evidence, having first weighed and considered its quality. Fittall replied that the evidence was ‘compelling and convincing’, and that the investigation into George Bell has been ‘lengthy, professional and robust’. I asked for details, as I said I could not possibly make a judgement without sight of such evidence. I was told that such evidence could not be released. So, Christ Church kept faith with Bell, and the altar, named after him, remains in exactly the same spot it has occupied for over fifteen years, when it was first carved.

What we now learn from Independent Review of the Bishop George Bell Case is that evidence against Bell is, at best, flimsy….

Read it all.

Posted in Church History, Church of England (CoE), CoE Bishops, Ethics / Moral Theology, Law & Legal Issues, Pastoral Theology

(NPR) Down Syndrome Families Divided Over Abortion Ban

Kelly Kuhns, 36, lives with her husband and their three children outside Columbus. The youngest, 2-year-old Oliver, was born with Down syndrome.

Kuhns, who works as a labor and delivery nurse, says a prenatal test during her pregnancy with Oliver revealed a mutation called Trisomy 21.

“When my provider called me and told me that the test came back positive for Down syndrome, I was definitely shocked. It was not what I was expecting at all,” Kuhns says. “I grieved — deeply.”

But Kuhns says she never considered ending the pregnancy.

“He’s still a baby. He’s still worthy of a life just like everybody else,” she says.

Read it all.

Posted in Children, Ethics / Moral Theology, Law & Legal Issues, Life Ethics, Marriage & Family, Science & Technology, State Government

(CC) Philip Jenkins–What’s dangerous about exorcism?

Any dispute over the propriety of exorcism is particularly sensitive in the British context, because it recalls a dreadful religious and racial confrontation at the start of this century. In 2001, a sensational child murder case indicated the practice of witchcraft on British soil involving ritualistic killing and a trade in human body parts.

Obviously, such extreme criminal behavior demanded a strong and effective official response. But the media soon attributed such horrors to Pentecostal and charismatic churches themselves. In the sensational coverage that followed, the press launched shrieking exposés of immigrant churches that believed in spiritual warfare or practiced exorcisms. These came to be known as Witch Churches.

A potent racial theme pervaded this coverage, with a classic Heart of Dark­ness scenario portraying African primitivism and violence. Media ac­counts segued from reporting on exorcisms undertaken to fight diabolic forces to depicting the rituals themselves as a form of primitive jungle savagery dressed in Christian guise. Rituals designed to combat witchcraft were presented as a singularly dangerous manifestation of witchcraft and ritualistic child abuse. The regular conduct of immigrant churches involving exorcism and healing—without any abusive or violent element—was seen as deeply problematic and demanding police intervention.

The government responded by en­forcing far stricter rules for African clergy and ministers seeking to enter the United Kingdom, a draconian sanction introduced well before any like restrictions were imposed on extremist Muslims who flagrantly preached hatred and violence. In retrospect, the Witch Church affair was a grim example of religious intolerance— and in this instance, one directed against Christians.

Read it all.

Posted in Law & Legal Issues, Police/Fire, Religion & Culture, Theodicy, Theology: Scripture

(AM) Andrew Symes–Can biblical faith flourish in an intolerant secular society?

But today, according to Farron, that doctrine of liberalism has become dominant, and like state-sponsored Christianity, instead of being ‘emancipationist’, has become oppressive. Liberalism has today become like the ‘established church’ of Constantinian or post-Reformation times, wanting a monopoly of power, no longer a philosophy which challenges the human tendency to lord it over others. For Farron, the foundation of liberalism is Christianity (and particularly non-conformist evangelicalism), not political correctness masquerading as a kind of self-evident ‘liberalism’. “Secularism is a totalising creed that reduces everyone down to either consumer or regulatory units”, he says, and cannot be a basis for ‘shared values’.

At the same time, Christianity must be ‘liberal’, sticking to the Bible’s teaching, but not seeking to impose this on society in such a way as to restrict freedom of thought and action within the law. Farron isn’t saying, as some evangelicals do, that Christians should just focus on the local church, and be indifferent to the lives and choices of society outside the Christian community and those being evangelised on the fringe. As he said: “God will judge…it is not unloving or judgmental for Christians to point that out”. But he warns against the kind of close association of church and state:

“That in Britain we have a church trapped as part of the furniture of the state is a waste of a church.  A boat in the water is good.  Water in the boat, is bad.  A church in the state is good, the state in the church is bad.  Really bad.  It pollutes the message of that church.  It compromises it.  Weakens its witness.”

This serious criticism of the Church of England’s basic DNA, which Tim Farron did not develop in his argument, puts a finger on a key issue for thinking about the future of Anglicanism in Britain. Bible believing Christians in the C of E have always argued that Establishment ensures a place for influence at the high table, and an open door into communities at the grassroots. But if Farron is right, and the state is no longer Christian-liberal, and instead has become increasingly secular-authoritarian, then the state church no longer influences positively for Christianity. It must conform to secularism in order to stay at the high table – and in doing so must of necessity shed much of its Christian character, and collude in the persecution of orthodox Christianity.

Read it all.

Posted in Church of England (CoE), England / UK, Law & Legal Issues, Politics in General, Religion & Culture

(CT) Evangelicals and Domestic Violence: Are Christian Men More Abusive?

So, what does the science tell us? Are some forms of evangelical Protestantism bad for marriage and “good” at fostering domestic violence?

The answer is complicated, since some research suggests that gender traditionalism fuels domestic violence. For example, a study in the Lancet found that domestic abuse was higher in regions across the globe where “norms related to male authority over female behavior” are more common.

In general, however, the answer to these questions is “no.” In my previous book, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands, I found that women married to churchgoing evangelical men—compared to women married to men in other major religious traditions or women married to unaffiliated men—report the highest levels of happiness. Their self-reports were based on two markers: “love and affection you get from your spouse” and “understanding you receive from your spouse.” This same demographic of women also report the highest levels of quality couple time.

My newer book Soul Mates: Religion, Sex, Love and Marriage among African Americans and Latinos, co-written with sociologist Nicholas Wolfinger, reveals similar findings. Men and women who attend church together are almost 10 percentage points more likely to report that they are “happy” or “very happy” in their relationships, compared to their peers who attend separately or simply don’t attend religious services at all. On average, then, evangelicals (as well other religious believers in the United States) who attend church regularly enjoy higher quality marriages compared to their less religious or secular peers.

Read it all.

Posted in Evangelicals, Law & Legal Issues, Marriage & Family, Men, Religion & Culture, Sexuality, Violence, Women

(NYT Op-ed) Ross Douthat–Can Americans break the cycle of incomprehension and aggression tends to destroy republics? The Masterpiece Bakeshop Case provides an Opportunity

Democratic life requires accepting that your own faction may be out of power roughly half the time. But in a culture this diverse and divided we trust our fellow citizens less, we share less with them, and we fear that any political defeat will leave our communities at their mercy, that if we lose power we will be routed and destroyed.

Meanwhile because we are so distant from our rivals, we cannot recognize that they share the same fears about what will happen if power is in our hands — or else we dismiss those fears as the pleadings of a wicked claque whose destruction is entirely merited.

As a conservative Catholic who works in a liberal milieu, I watched this happen after Obergefell v. Hodges. For its opponents, the same-sex marriage ruling was less frightening for what it did than for what they feared might follow: not just legal same-sex nuptials, but a sweeping legal campaign against the sexual revolution’s dissidents, in which conservative believers would be prodded out of various occupations, while their schools and hospitals and charities would be fined and taxes and regulated and de-accredited to death.

And liberals who felt ascendant in the Obama years simply couldn’t accept this fear as something to be managed and assuaged; to them, it was either ridiculous alarmism or a cloak for bigotry. So while the Obama White House was requiring nuns to pay for abortifacients and the A.C.L.U. was suing Catholic hospitals for not performing sterilizations and state bureaucrats were trying to punish a handful of Christians in the wedding industry, what Rod Dreher called “the law of merited impossibility” dominated the liberal mind: Religious conservatives were worrying about attacks on their institutions that would never arrive, and when the attacks did arrive they obviously deserved it.

Which in turn encouraged [some] religious conservatives to vote rather desperately for a celebrity strongman named Donald Trump….

Read it all.

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

(Sunday [London] Times) New Bill could allow unmarried men and women to enter civil partnerships

Read it all.

Posted in --Civil Unions & Partnerships, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Men, Politics in General, Religion & Culture, Sexuality, Women

(WSJ) Tunku Varadarajan: India’s Imaginary ‘Love Jihad’–Judges break up the marriage of a Hindu woman who converted to Islam

This is the story of Hadiya, currently the most famous woman in India. Like any person of modest profile rocketed into national headlines, she’d rather be leading an anonymous life. But her parents—and the Supreme Court of India—will not let her.

Hadiya, a medical student, was born 25 years ago into a Hindu family in the southern state of Kerala. In 2015 she converted to Islam, and last year she married a Muslim man. In the process, she changed her Hindu given name from Akhila Ashokan to the adoptive Muslim Hadiya.

Her parents, appalled by the decision, urged the courts to annul her marriage in December 2016. They contended that she had converted to Islam under duress. Worse, they alleged that their daughter’s husband, Shafin Jahan, was involved in terrorism and intended to traffic her to Syria.

In a judgment that was startling in its paternalism and sexism, the Kerala High Court annulled Hadiya’s marriage, holding that she could not possibly have converted and married of her own free will.

Read it all.

Posted in Hinduism, India, Islam, Law & Legal Issues, Marriage & Family, Religion & Culture, Supreme Court

(ABC) In Australia Same-sex marriage signed into law by Governor-General, first weddings to happen from January 9

Same-sex couples who have already married overseas will have their relationships recognised in Australia from midnight tonight.

After the drama and excitement of the same-sex marriage bill passing the House of Representatives chamber yesterday, the Governor-General signed off on it this morning.

Attorney-General George Brandis said couples had to give a month’s notice of their intention to marry, so the first same-sex weddings will be able to happen from January 9.

Senator Brandis said he became quite emotional when the bill passed and the public galleries erupted with cheers and singing.

Read it all.

Posted in --Civil Unions & Partnerships, Australia / NZ, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Sexuality

Newcastle Anglican Diocese had ‘do-nothing’ approach to child sex abuse claims, royal commission finds

The royal commission into child sexual abuse has found powerful paedophiles in the Anglican Diocese of Newcastle were operating under weak church leadership.

Thursday’s report follows another into the national Anglican Church which found that every church diocese in the country, bar one, had received complaints of child sexual abuse in the past 35 years.

The commission looked at alleged child abuse, bullying and cover-ups within the Newcastle diocese, producing a report of more than 400 pages just on the Newcastle Anglicans.

It has found former Newcastle Anglican Bishop Roger Herft’s response to abuse was “weak, ineffectual and noted a failure of leadership”.

Read it all.

Posted in Anglican Church of Australia, Children, Law & Legal Issues, Parish Ministry, Religion & Culture, Sexuality, Violence

How One Anglican Congregation Asserted its First Amendment Rights amd Effected a Change in City Policy

The city’s policy did not expressly prohibit use of the park for religious activities or by religious groups. Instead, the city’s denial of the application was based on unchecked, arbitrary discretion – which is Constitutionally invalid.

Under the First Amendment to the United States Constitution, religious expression and speech are protected in traditional public forums such as public parks like that of Old Town Square in Fairfax. City restrictions on such freedoms are heavily scrutinized and must not discriminate against a particular viewpoint. Further, in traditional public forums, state actors cannot censor people or groups based on the content of their speech, except when there is a compelling state purpose and the restriction is both necessary and the wording narrowly tailored to achieve that purpose. Accordingly, the Supreme Court has ruled in other similar cases that in circumstances like these in which the forum is available to others and the event is open to the public, there is no Establishment Clause conflict. Additionally, in order for the state to require permits (i.e. approval) as a prerequisite for individuals or groups to engage in protected speech, it must follow very strict and objective criteria in decision making. To base such permits on vague discretion by officials making the individual decisions may be considered a prior restraint on protected speech and a violation of the First Amendment.

Fairfax City’s denial of Shepherd’s Heart’s application “was classic prior restraint, which is exactly what the Founders wanted to prevent when they drafted the First Amendment,” explained Gorman. “We used the Freedom of Information Act to get access to the city’s park policies. Even though they said it wasn’t allowed, there was nothing in writing to back it up. It was completely arbitrary.”

Gorman, feeling convinced of the Constitutional violation, contacted the Center for Religious Expression in Memphis, Tennessee who took on the case pro-bono.

Read it all.

Posted in Anglican Church in North America (ACNA), City Government, Law & Legal Issues, Parish Ministry, Religion & Culture, Urban/City Life and Issues

(PD) Christopher Green+David Upham–The 14th Amendment and Masterpiece Cakeshop: Equal Citizenship, our Inclusive Republic, and Anglo-American Common Law

Like several other big First Amendment cases the Supreme Court will hear this year, Masterpiece Cakeshop is not really a First Amendment case. By its terms, the First Amendment restrains only “Congress” from making laws abridging “the freedom of speech” or prohibiting “the free exercise” of religion, but the Masterpiece case involves a state law. It is the Fourteenth Amendment, adopted after the Civil War, that restricts the states’ powers over religion or speech. Yet, as in last year’s Trinity Lutheran case, the Fourteenth Amendment has barely been mentioned in the briefing so far.

Our amicus brief to the Court in Masterpiece Cakeshop is so far the only attempt to consider at length the relevance of the original meaning of the Fourteenth Amendment for the case. Our scholarly work has documented in detail—sometimes quite tedious detail!—that the original meaning expressed by “privileges or immunities of citizens of the United States,” which the Fourteenth Amendment guaranteed the freedmen, includes civic equality with all similarly situated fellow citizens of the United States. Although it is fuzzy at the margins, the authors of the amendment made its central applications very clear, especially in the Civil Rights Acts of 1866, 1871, and 1875 and in the discussions leading to them. In particular, they made clear that the Fourteenth Amendment forbids not only racial discrimination, but also creedal discrimination—giving fewer rights to some citizens because of their religious or political beliefs. In many ways, to be sure, hostility to creedal discrimination resonates with current First Amendment speech and religion doctrine. When states are involved, however, originalist interpretation can and should stand on its own Fourteenth Amendment foundation of equal citizenship….

In sum, the common law and the original Republican understanding of the Fourteenth Amendment converge on the same intuitive argument in favor of Masterpiece Cakeshop: America is an inclusive republic, where all citizens, regardless of race, color, creed, or way of life, have a right to participate in the marketplace, free from the creedal exclusions imposed by those armed with state coercive power, save perhaps where that citizen uses some monopoly power to exclude other citizens from the market. Colorado has sought to force the baker either to leave his profession or provide wedding-related services incompatible with his creed. He can have no duty to provide such services where the same-sex couple can obtain their wedding cake a short distance down the street. Jack Phillips has no market power over dissenting minorities like that exercised in the Jim Crow South; he himself is the member of a dissenting creedal minority who seeks simply the liberty to participate in the market consistently with his conscience. When substitute goods and services are readily available, there is no moral, common-law, or Fourteenth Amendment justification for creedal and exclusionary limits on occupational freedom.

Read it all.

Posted in * Economics, Politics, America/U.S.A., Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Marriage & Family, Religion & Culture, Theology

The 113 Page Transcript of today’s Very Important Masterpiece Cakeshop Case Before the Supreme Court

(From Pages 4-5 to give you a taste–KSH)
JUSTICE GINSBURG: What if — what if it’s — if it’s an item off the shelf? That is, they don’t commission a cake just for them but they walk into the shop, they see a lovely cake, and they say we’d like to purchase it for the celebration of our marriage tonight. The Colorado law would prohibit that. Would you claim that you are entitled to an exception?

MS. WAGGONER: Absolutely not. The compelled speech doctrine is triggered by compelled speech. And in the context of a pre-made cake, that is not compelled speech.

Read it all.

Posted in * Economics, Politics, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture

(WSJ) Luke Goodrich on the Masterpiece Cakeshop Case–Religious freedom is for Christians, too

Most strikingly, a disproportionate share of religious freedom cases are brought by non-Christian minorities. The proportion of religious-freedom cases brought by Hindus was five times their share of the population in the six states under 10th Circuit jurisdiction. The factor was 10 for Native Americans and 17 for Muslims. The most underrepresented group? Christians, who were involved in only one-fourth as many cases as their share of the population.

That means that religious freedom protections remain especially important for non-Christian minorities. But it also raises a question: Why is there so much hand-wringing about a handful of religious-liberty cases brought by Christians?

This is because the political left applies a double standard. If religious liberty is invoked by a favored minority, it is legitimate. But if it is invoked by a Christian with traditional moral views, it is seen as an excuse for hate. Progressives engage in culture-war bullying when religious liberty would stand in the way of their social views. One of the Colorado state commissioners in Masterpiece Cakeshop called the Christian baker’s religious-freedom claim “one of the most despicable pieces of rhetoric that people can use—to use their religion to hurt others.”

But if religious liberty means anything, it means the right to live according to your beliefs when most people think you are wrong.

So when Jack Phillips, the owner of Masterpiece Cakeshop, stands before the Supreme Court Tuesday, he may have some unlikely allies rooting for him: non-Christian religious minorities.

Read it all.

Posted in --Civil Unions & Partnerships, America/U.S.A., Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Other Faiths, Politics in General, Psychology, Religion & Culture, Sexuality

(NYT Op-ed) Robert George+Sherif Girgis: A Baker’s First Amendment Rights

You need the First Amendment precisely when your ideas offend others or flout the majority’s orthodoxies. And then it protects more than your freedom to speak your mind; it guards your freedom not to speak the mind of another.

Thus, in classic “compelled speech” rulings, the Supreme Court has protected the right not to be forced to say, do or create anything expressing a message one rejects. Most famously, in West Virginia v. Barnette (1943), it barred a state from denying Jehovah’s Witnesses the right to attend public schools if they refused to salute the flag. In Wooley v. Maynard (1977), the court prevented New Hampshire from denying people the right to drive if they refused to display on license plates the state’s libertarian-flavored motto “live free or die.”

On Tuesday, the court will consider whether Colorado may deny Jack Phillips, the owner of Masterpiece Cakeshop, the right to sell custom wedding cakes because he cannot in conscience create them for same-sex weddings. Mr. Phillips, who has run his bakery since 1993, sells off-the-shelf items to anyone, no questions asked. But he cannot deploy his artistic skills to create cakes celebrating themes that violate his religious and moral convictions. Thus he does not design cakes for divorce parties, lewd bachelor parties, Halloween parties or same-sex weddings.

Colorado’s order that he create same-sex wedding cakes (or quit making any cakes at all) would force him to create expressive products carrying a message he rejects. That’s unconstitutional.

Read it all.

Posted in --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Politics in General, Religion & Culture, Theology

Mediation Process between the Historic Diocese of South Carolina and the new TEC in SC Diocese Recessed Until January

Brothers and Sisters in Christ,

Today a further session of mediation with Senior U.S. District Judge Joseph F. Anderson Jr. was conducted.  Mediation is now in recess until January 11-12 in Columbia.

The clergy of the Diocese are reminded that Judge Anderson is allowing no discussion, outside of mediation sessions, of what has been said there.

As the Diocese continues to faithfully journey through this process of litigation at multiple levels, I ask your continued prayers for wisdom and discernment on the part of the Bishop, legal counsel and all the Diocesan leadership.

In Christ’s service,

–The Rev. Canon Jim Lewis is Canon to the ordinary in the Diocese of South Carolina

Posted in * South Carolina, Law & Legal Issues, TEC Conflicts: South Carolina

(NR) George Will Is Wrong about The Masterpiece Cakeshop Case

Now, let’s consider the facts of the Masterpiece Cakeshop case. The gay couple eventually selected a rainbow cake to celebrate their nuptials. This decision was every bit as expressive as the White House’s decision to light up its façade. Given the context and the occasion, the meaning was abundantly clear to even the most casual attendee. There is no ambiguity here.

There’s a line, moreover, in Will’s piece that demonstrates surprising ignorance about weddings despite the fact that Will has undoubtedly attended countless ceremonies in his long and illustrious career. Who has ever said that a wedding cake was primarily food? No one wants the cake to taste like trash, but is that the reason that brides, moms, and wedding planners agonize over their cake choice? (Grooms are more likely to be indifferent.) No, they want the cake to be beautiful. They want it to be — dare I say it — a work of art. Rare is the person who attends the wedding reception eager to chow down on a piece of wedding cake. The common and nearly universal experience in weddings where the bride and groom have even the smallest budget to celebrate is the gathering of guests around the cake, to proclaim how “amazing” it looks, to admire the specific aspects that make it special, the “perfect” cake for the perfect couple.

In ordinary circumstances, the artistry of cake designers is so obvious that it’s presumed — the same with photographers, calligraphers, and florists. This obvious artistry is a reason why no one bats an eye when a baker refuses to design, say, a Confederate-flag cake. The message it is sending is staring you in the face. But a message may be implicit instead, present though not obvious, even if the artistry is. For example, does anyone believe that the prohibitions against sex discrimination would compel a fashion designer to create a dress for Melania or Ivanka Trump?

Read it all.

Posted in --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, Sexuality

(PD) The Christian Baker’s Unanswered Legal Argument: Why the Strongest Objections Fail

…[this] week, the Supreme Court will hear one of the most important free speech cases in years, a case of special concern to libertarians and conservatives, small business-owners, artisans, and religious believers. Masterpiece Cakeshop v.Colorado Civil Rights Commission involves Jack Phillips, a baker who claims a First Amendment right not to be compelled to design and create custom wedding cakes for same-sex weddings. Many legal commentators think the case is either a very close call or a certain defeat for Phillips.

In fact, Phillips’s case is very strong. It is based on freedom-of-speech doctrines favored by conservatives and liberals alike. One argument for Phillips in particular survives the best objections leveled in briefs filed by the Colorado Civil Rights Commission, by the ACLU (on behalf of the couple who sought the cake), and by several constitutional law scholars.

That argument rests on the widely acknowledged principle that freedom of speech has to include the freedom not to speak. You aren’t free to express your convictions authentically if the state can make you affirm its own orthodoxies. Thus, for more than seventy years, in cases widely seen as more American than apple pie, the Supreme Court has said government can’t force you to say, do, or make something that carries a message you reject. Applying that principle, it has held that the government can’t force Jehovah’s Witnesses to salute the flag. It can’t force newspapers to carry columns by politicians criticized in their pages. It can’t force drivers to carry license plates with a state-imposed (though utterly banal) slogan (“Live Free or Die”). It can’t force companies to include third-party messages in their billing envelopes. Political majorities are entitled to enact their beliefs into law, but not to force dissenting minorities to affirm those or anyone else’s beliefs in word or deed. That would involve “compelled speech,” which is generally unconstitutional.

Read it all.

Posted in --Civil Unions & Partnerships, Anthropology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, Sexuality, Theology, Theology: Scripture

Just a Reminder that the mediation Process between the Historic Diocese of South Carolina and the new TEC in SC Diocese started back today

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, TEC Conflicts: South Carolina

My Favorite Story of the Week–How A Fire Department Saved A 7-Year-Old’s Birthday

Posted in Children, Health & Medicine, Marriage & Family, Police/Fire

(NR) David French–Stop Misrepresenting the Masterpiece Cakeshop Case Heading to the US Supreme Court

To the extent that Boylan engages with Phillips’s actual argument, she waves it away with a paragraph so specious that one has to read it to believe it:

Mr. Phillips certainly makes nice-looking cakes. But I’m not sure I’d call them artistic expressions, at least not in the same sense as, say, Joyce’s “Ulysses.” That argument demands that the court get into the business of defining art itself, a door the justices open at their peril. Is a well-manicured lawn a form of art by this definition? How about a lean corned beef sandwich? What would not be art if the court rules to protect icing and buttercream?

In this case, the complaining gay couple ultimately decided on a rainbow cake. Can Boylan not see that the cake clearly and unmistakably sent a specific message? There is a substantial difference between a rainbow symbol at an event celebrating a same-sex wedding and a corned-beef sandwich. Phillips isn’t comparing himself to Joyce, he’s making the painfully obvious point that there’s a viewpoint inherent in the expression his customers asked him to create — a viewpoint that a well-manicured lawn lacks.

Here’s the problem. If a writer squarely addresses the argument that Phillips actually makes, then she will soon run head-on to a sobering constitutional reality. Sexual revolutionaries are asking the Court to overturn generations of constitutional precedent to allow the state to compel American citizens to advance ideas they find reprehensible.

Boylan claims that Phillips is seeking special religious exemptions. To the contrary, sexual revolutionaries are seeking exemptions from the Constitution. They believe that same-sex marriage is so precious that even artists can be conscripted into the ceremony — despite their deeply held beliefs. They believe that the cost of entering the marketplace is not just the loss of your distinct artistic voice but the commandeering of that voice by your ideological foes to advance their ideological interests.

Read it all (his emphasis).

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

(Indian Express) Electoral Commission serves notice to R Catholic archbishop for letter seeking prayers for election

Gujarat Election Commission on Saturday served a notice on Thomas Macwan, Archbishop of Gandhinagar and sought an explanation on his letter issued to the Catholic community seeking prayers to ensure the election of leaders who “remain faithful to the Indian Constitution” so that the country can be “saved of nationalist forces”.

The notice, served through the District Election Officer of Gandhinagar, asks the Archbishop to explain why his appeal should not be viewed as a violation of the Model Code of Conduct.

Read it all.

Posted in India, Law & Legal Issues, Politics in General, Religion & Culture, Roman Catholic

(ACNS) Victorian euthanasia vote a cause for lament, says Australian primate

The state of Victoria is set to become the first in Australia to legalise euthanasia after the upper house of the state’s parliament approved a Bill earlier today. The 40-member Legislative Council approved an amended version of the Voluntary Assisted Dying Bill by 22 votes to 18. Because the Bill was amended by the upper-house, it will need to be approved again by the 88-member Legislative Assembly next week before becoming law.

In August, the lower house had approved the original version of the Bill by 47 votes to 37. That vote came as the Melbourne Diocesan Synod – meeting metres away, urged politicians to reject it.

The Archbishop of Melbourne, Philip Freier, and six other senior leaders from Lutheran, Catholic and Orthodox churches took the unusual step of placing an advert in the Herald-Sun newspaper in August setting out their objection to the Bill. Their advert said that “human dignity is honoured in living life, not in taking it.”

Read it all.

Posted in Anglican Church of Australia, Anthropology, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Pastoral Theology, Theology

(The Australian) Euthanasia laws passed in Victoria’s upper house

The vote came at the end of eight days of debate, including two all-night sittings with one that ended when an MP was rushed to hospital with a medical emergency.

Visibly emotional government MPs including Jaala Pulford, Jaclyn Symes, Cesar Melhem all embraced in the wake of the vote, which occurred in front of a packed public gallery where pro-euthanasia advocates including Andrew Denton, Dr Sally Cockburn sat alongside pro-life campaigners including Australian Christian Lobby Victorian chief executive Dan Flynn.

The vote came at the end of eight days of debate, including two all-night sittings with one that ended when an MP was rushed to hospital with a medical emergency.

The scheme, which is expected to come into play by 2019 will grant terminally ill patients of sound mind and a life expectancy of less than six months the ability to choose when they die.

The government has not yet released details on the lethal formula that will be given to patients, but has drafted the plan in which the drugs will be issued to patients in a locked box to which only they have the key.

Read it all.

Posted in Aging / the Elderly, Anthropology, Australia / NZ, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Pastoral Theology, Politics in General, Theology

What was that South Carolina Betterment Statute that Bishop Mark Lawrence referred to in his recent letter?

One of the good things about blogs is you can learn things from them which you can learn nowhere else. This past week is a case in point. In his letter of last weekend the Bishop said:

All parties to the case have previously discussed the timetable for a filing under the Betterments Statute. Legal counsel can give you best directions for how to proceed with that process (my emphasis).

And just what it this “Betterments Statute”? You can find it there and please note carefully its wording which includes among other sections the following:

SECTION 27-27-10. Recovery for improvements made in good faith.

After final judgment in favor of the plaintiff in an action to recover lands and tenements, if the defendant has purchased or acquired the lands and tenements recovered in such action or taken a lease thereof or those under whom he holds have purchased or acquired a title to such lands and tenements or taken a lease thereof, supposing at the time of such purchase or acquisition such title to be good in fee or such lease to convey and secure the title and interest therein expressed, such defendant shall be entitled to recover of the plaintiff in such action the full value of all improvements made upon such land by such defendant or those under whom he claims, in the manner provided in this chapter….

SECTION 27-27-30. Proceedings subsequent to judgment to recover value of improvements.

The defendant in such action shall, within forty-eight hours after such judgment or during the term of the court in which it shall be rendered, file in the office of the clerk of the court in which such judgment was rendered a complaint against the plaintiff for so much money as the lands and tenements are so made better. The filing of such complaint shall be sufficient notice to the defendant in such complaint to appear and defend against it. All subsequent proceedings shall be had in accordance with the practice prescribed in this Code for actions generally….

SECTION 27-27-40. Stay of judgment in first action; special verdict for betterments.

The court, on the entry of such action, shall stay all proceedings upon the judgment obtained in the prior action, except the recovery of such lands, until the sale of the lands recovered as provided in Section 27-27-60. The final judgment shall be upon a special verdict by a jury, under the direction of the court, stating the value of the lands and tenements without the improvements put thereon in good faith by the defendant in the prior action and the value thereof with improvements. The defendant in the prior action shall be entitled for such betterments to a verdict for the value thereof, as of the date when the lands were recovered from him and interest on such verdict from such date.

Posted in * Anglican - Episcopal, * South Carolina, Church History, Ethics / Moral Theology, History, Housing/Real Estate Market, Law & Legal Issues, Parish Ministry, Stewardship, TEC Conflicts: South Carolina

Letters from South Carolina Bishop Mark Lawrence and the Standing Committee about the Appeal of our Case to the US Supreme Court

“The [new diocese of the] Episcopal Church in South Carolina has frequently stated that they..[have] always been seeking reconciliation in this present legal conflict. However, one should be aware of what their words suggest. I would paraphrase it thusly — ‘Of course, you may remain worshipping in your Church buildings. All you have to do is surrender to the national Episcopal Church and we will receive you back.‘ Frankly, I believe a more honorable goal would be a charitable parting of the ways enabling each diocese to get on with its mission to a needy world. In the absence of this, we are compelled to move forward with a petition for the higher court’s review.”

Read them both and read them all (emphasis his).

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Michael Curry, Parish Ministry, Presiding Bishop, TEC Conflicts: South Carolina

Historic Diocese of South Carolina to Appeal Case to the US Supreme Court

From here:

It is with the weight of decision but conviction of heart and mind that I write to tell you the Standing Committee, after prayerful deliberation, and with my full support, has voted unanimously to proceed with a petition for a writ of certiorari with the United States Supreme Court. I remind you that this long process first began with our stand for Gospel truth—holding firmly to the faith once delivered to the saints. All too soon, we were thrust us into a battle for Religious Freedom. As Justice Kitteridge has aptly stated about the State Supreme Court’s recent denial for rehearing “…to disallow a full court from considering the rehearing petitions is deeply troubling and, in my opinion, raises constitutional implications as the Court has blocked a fair and meaningful merits review of the rehearing petitions.” So we have before us our commitment to the gospel of Jesus Christ to which we are unwaveringly wedded; a civil concern for religious freedom for ourselves and others; and a public duty to petition for constitutional due process to be upheld. Any of these might justify taking the next step down this legal road. Together they make a three-fold cord not easily broken.

Posted in * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Michael Curry, Parish Ministry, Stewardship, TEC Conflicts: South Carolina

(Law&Religion UK) Bishop George Bell: 2018 publication of review?

Concern has been raised since the timing of the publication of the Review is later than that indicated in the Carlile Review web site Q&A pages. However, a tweet by the Church of England at 2:05pm today stated: “The independent review into the George Bell case will be published once the processes, standard in all reviews, are completed. Nobody is delaying it”.

Read it all.

Posted in Anthropology, Church History, Church of England (CoE), CoE Bishops, Ethics / Moral Theology, Law & Legal Issues, Pastoral Theology, Religion & Culture, Theology

A S Haley on the Latest South Carolina Supreme Court Decisions–A Triumph of Injustice and Irresponsibility

If evidence were needed to demonstrate the fecklessness of the justices who are responsible for the mess the South Carolina Supreme Court has made of its church property law in this proceeding, the latest pair of rulings on the petitions would suffice, all on their own. Consider the following facts:

1. There was never any decision of a majority of the Court in the case. In five separately written opinions, only two Justices (including Justice Hearn, herself an Episcopalian) agreed on reversing the decision below in order to hand all of the disputed church property to the Episcopal Church and its Potemkin diocese in South Carolina. Two Justices agreed on letting the decision below stand, albeit for different reasons. And the fifth — Chief Justice Beatty — simply punted by saying he would enforce a Dennis Canon trust (but not for the reasons stated by Justices Hearn and Pleicones) only against those parishes who had “acceded” to the national canons. (Never mind that virtually no parish had ever done so since the Canon’s adoption in 1979, or that any such involuntary trust would have to be revocable at will under South Carolina law.)

2. All five of the Justices misunderstood the motion to recuse Justice Kaye Hearn. They appear to have regarded it as wholly independent of the motion for a rehearing, when it was not. The reason is that granting the request for a rehearing would have accomplished the same things requested again in the motion to recuse: the Justices would have been able to decide the case anew. Their prior opinions would be replaced by any new ones written on rehearing, and Justice Hearn’s prior opinion would no longer be of any account. But they treated the motion to recuse just one Justice as a request to do all these things independently of any rehearing, which makes no sense, and appeared to congratulate themselves on their unanimity in striking down a straw man.

3. Thus they each (including Justice Hearn herself!) ruled that the motion to recuse came too late, since the full Court had already rendered its non-decision in the case. The motion to recuse, however, was aimed only at her future participation in the case; the past is water under the bridge, and could be corrected, if at all, only by granting a rehearing. (For her part, Justice Hearn mooted the motion to recuse by announcing on her own that she would not participate in further proceedings in the case.)

4. But not before voting to deny the motion to recuse!

Read it carefully and read it all.

Posted in * Anglican - Episcopal, * South Carolina, - Anglican: Analysis, Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, State Government, Stewardship