Category : Law & Legal Issues

Economist Erasmus Blog on a little noticed case involving a prisoner gardener, religion and the law

The case concerns Barry Trayhorn, a man who was employed as gardener in an English prison, HMP Littlehey…, with 1,200 inmates, including sex offenders and young offenders. Although it wasn’t his job to do so, he liked to preach in the prison chapel, sometimes rather spontaneously. In another part of his life he is a Pentecostal minister.

In May 2014, for example, he read aloud a passage from Saint Paul’s letter to the Corinthians which lists the wrongdoers who will be denied entry to the kingdom of God, including idol-worshippers, adulterers, and people described as arsenokoitai. (Scholars dispute the word’s exact meaning: it could refer to boy-prostitutes, to child-abusers, to practitioners of anal intercourse regardless of gender, or else generically to any sexual activity between men.) The claimant was of the latter persuasion and according to several people present, delivered this view rather stridently. The prison’s full-time chaplains agreed that he should have presented the passage more gently and “contextually”. Several prisoners complained, and disciplinary action against the zealous gardener was started; this prompted him to take sick leave and eventually quit the job.

In a ruling on August 1st, the Employment Appeal Tribunal dismissed his contention that he had been unfairly treated because of his religious views. It found that a lower court had been completely correct in reaching a similar conclusion.

Read it all.

Posted in England / UK, Ethics / Moral Theology, Law & Legal Issues, Pastoral Theology, Pentecostal, Prison/Prison Ministry, Religion & Culture, Theology: Scripture

(LA Times) L.A. Episcopal diocese is going ahead with sale of Newport’s St. James church site

[Bp John] Taylor, however, wrote that the panelists and their advising attorneys “evidently did not take fully into account the existence of a binding contract, nor all the ways the dispute begs for wider reconciliation.”

Parishioner Walter Stahr, who has been active in the congregation’s allegations of misconduct against Bruno and the effort to reclaim the building, said diocese leaders did not say when escrow would close on the property when they met Monday with him and St. James pastor Cindy Evans Voorhees. The sale price also has not been disclosed.

“They assured us that if St. James the Great wishes to continue as an Episcopal congregation, they will support us — just not in our building,” Stahr told his fellow parishioners in a statement Monday. “I know how devastating this will be for many of you, but the story is not over.”

Read it all.

Posted in Law & Legal Issues, Michael Curry, Presiding Bishop, TEC Bishops, TEC Conflicts, TEC Conflicts: Los Angeles

(CEN) Andrew Carey–Disestablishment is now the only option

It was around the time of the same-sex marriage legislation that it finally became clear that the establishment of the Church of England had become harmful. The very fact that the state had to legislate the so-called quadruple lock, which banned the Church of England from being bound by the state’s redefinition of marriage, highlighted the absurdity of the arrangements.

In turn, politicians themselves are endangering the establishment by their attitudes. Theresa May has every right as a communicant member of the Church of England to an opinion on the theology of same-sex marriage, but no right to use her position as a Prime Minister to prevail or persuade the Church of England. In spite of the headlines, she probably has not overstepped the mark but her colleagues have.

Justine Greening, Equalities Minister, in her enthusiasm for transsexual rights, positively advocates the Church to change its position. Her religious illiteracy was trumped, though, by the former Prime Minister, David Cameron, who famously urged the Church to ‘get with the programme’. Cameron once compared his faith to the dodgy radio reception in the Chilterns – ‘it comes and goes’. And it was Cameron who presided over the ever-building pressure for a change in the Church’s relationship.

By interfering in the Church of England’s own decision-making with his indefensible ‘lock’ he made it impossible to defend the Church’s establishment. His breezy, braying Etonian interventions were representative of religious illiteracy that is now widespread in the Palace of Westminster.

In a matter of five years or so, conservative religious attitudes to marriage are now regarded as extremism or hate speech. The Church of England has no choice but to flee the relationship it has with the state. To stay is to risk having a relationship like the official Chinese church has with the Communist Party.

Read it all (requires subscription).

Posted in * Economics, Politics, Church of England (CoE), Church/State Matters, England / UK, Ethics / Moral Theology, History, Law & Legal Issues, Politics in General, Religion & Culture

The Rev. David Booman Preaches into the South Carolina Supreme Court Decision–How Do We Live, In Such a Time as This?

There’s a scene in the Lord of the Rings, where the hero, Frodo Baggins, is in a very dark place. He and his friends are on a quest to destroy a magic ring. And yet, they’re being relentlessly hunted by hordes of evil creatures, and so their prospects looks dim.

At one point they pause to rest, and Frodo, exhausted and discouraged, says to his friend Gandalf. ‘I wish the ring had never come to me. I wish none of this had happened.’ And Gandalf responds, ‘So do all who live to see such times. But it is not for us to decide. All we have to decide is what to do with the time that is given us.’

As you probably know, 10 days ago the Supreme Court of SC ruled that 29 churches of our diocese must give our property to the National Church—about 500 million dollars worth. And so while this ruling will certainly be appealed, a day may come when our staff will arrive at work and the locks will have been changed. This has happened in other churches around our country.

And so make no mistake, we’ve lost a major battle in this conflict. Some have used the imagery of the Exodus. We’ve left Egypt, we’ve come to the Red Sea, but now we can hear the chariots of Pharaoh behind us. And unless God intervenes in a mighty way, our future will be radically different than we thought.

Read it all and you may find the audio links there.

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

Please Pray for the Diocese of South Carolina Clergy Day

[Aug 2]

Dear Fellow Clergy,

As noted in today’s earlier email the South Carolina Supreme Court released a divided ruling in our case. You may read the ruling here.

The Bishop is calling for a clergy day this coming Wednesday, August 9 beginning at 1:30 p.m. in St. Paul’s Church in Summerville.  Legal counsel will be present to discuss the ruling and its possible implications.  We request that all who are able make it a priority to attend….

While we released a statement to the press this afternoon, we want you to further know that our legal team is planning a motion for a rehearing.  There are multiple strong grounds for making that request and good reason to be hopeful about that outcome.  In the meantime, please appreciate that legal council is still reviewing the implications for what is a very complicated ruling.

While this ruling is disheartening, we are a long way from the conclusion of this fight for the Diocese and its Parishes.  Please keep the Diocese and its leadership in your prayers as they discern appropriate next steps.

In Christ’s service,

 

(The Rev.) Canon Jim Lewis

Posted in * Anglican - Episcopal, * South Carolina, Law & Legal Issues, Ministry of the Ordained, Parish Ministry, TEC Conflicts: South Carolina

A Message from the Standing Committee of the Diocese of South Carolina

August 7, 2017

The Standing Committee of the Diocese of South Carolina, having met together with our bishop, The Rt. Rev. Mark J. Lawrence, in Charleston this day, sends to all of our brothers and sisters of the diocese our love and our greetings in the name of Jesus Christ. We are so profoundly thankful for all who have fasted and prayed for our diocese and our Standing Committee during the past week from across South Carolina, throughout the Anglican Church in North America, and among all the faithful in global Anglicanism.

We have spent this time together in prayer and discussion regarding the decision by the South Carolina Supreme Court last Wednesday. In light of the conflicting opinions issued by the court, we met with the legal counsel for our diocese and have approved a strategy on how we go forward seeking clarity. We want you to know this: the legal process continues. We will be filing a motion for a rehearing from the Supreme Court, the deadline for which is September 1st. We are convinced there are compelling reasons to make this motion. There will be other avenues along with and following that action.

Finally, while we cannot tell you what tomorrow brings, we want to reiterate three things that you already know. First, again, the legal process continues. Second, we are stronger together. Third, we will continue in all circumstances our God-given mandate of making biblical Anglicans for a global age. Know that we love you, our brothers and sisters in Christ, and that we remain,

Yours in Christ Jesus,

The Standing Committee of the Diocese of South Carolina

The Rev. David Thurlow, President
The Very Rev. Craige Borrett
The Rev. Karl Burns, Vice-President
The Very Rev. Peet Dickinson
The Rev. David Dubay
The Rev. Marcus Kaiser
Mr. Alonso Galvan
Mr. Gerry Graves
Mrs. Susan McDuffie, Secretary
Mr. Foster Smith
Mrs. Anne Walton
Absent:
Mr. Brandt Shelbourne

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

What the Rector of Redeemer, Orangeburg, South Carolina wrote his parish about the recent SC Supreme Court Ruling

Dear Members Of Our Redeemer Family,
I would guess that by now you’ve heard that the SC Supreme Court issued their ruling on the appeal of the 2014 Circuit Court opinion that awarded the Diocese of South Carolina full rights to continue as the Diocese and gave full ownership of the churches properties to the individual churches. According to the ruling which you can download by tapping or clicking here, it looks like we may have lost some of what we gained under the 2014 Circuit Court opinion.
As I understand it, part of the 2014 ruling has been reversed by a majority of justices, and another part remains as it because there was a 2-2 tie on that part. It appears that we [in Orangeburg] lost the right to keep our buildings.
I’m writing today to ask you to fear not. I assure you, we are going to be alright. I’m asking you not to start “what-iffing” and please don’t start anticipating what we are going to do from here on out. We really don’t have enough information yet to even be anxious. Additionally, I have a personal rule of life I follow which goes like this: “Never make policy out of something that hasn’t yet happened.”
Last night I got an email from Canon Jim Lewis saying that our legal team will appeal. Here’s part of that letter from Canon Lewis:
We want you to further know that our legal team is planning a motion for a rehearing.  There are multiple strong grounds for making that request and good reason to be hopeful about that outcome.  In the meantime, please appreciate that legal council is still reviewing the implications for what is a very complicated ruling.

While this ruling is disheartening, we are a long way from the conclusion of this fight for the Diocese and its Parishes.  Please keep the Diocese and its leadership in your prayers as they discern appropriate next steps.

Additionally, I would ask you to stay away from gossip on the subject. Facebook and the various church blogs are often little more than gossip. At best they are one person’s opinion. Opinions are just that – opinions; they are not fact.  The fact is, the sky is not falling. Another thing you might want to do is talk with Pinckney Thompson. Pinckney led the charge for us in 2014, and I believe that he’s got some great wisdom on the issue.
In any event, God is still God, and I know He’s in charge of our future. Whatever may transpire, we are going to be alright. That much you can take to the bank. All we need to be doing at this point is praying for God to take care of it, because the Lord knows we surely can’t.
My friend Chris Warner wrote these words to his congregation: 
Let me remind you; you don’t have to worry. Worry is optional misery! This court ruling is a situation that you cannot control. But you can control the amount you worry.
If you have a relationship with God through Jesus Christ, you know the One who created your future. His promises about your future give life, not worry.
We clergy will have a special meeting next Wednesday, August 9 to hear from our lawyers and leadership. As soon as I get more information – reliable information – I’ll send it to you. Again – Please – Fear Not. This is not a time to worry. This is the time to pray. And pray with the assurance that God’s got it, and it’s going to turn out just fine.  Thanks.
God bless you, and See you Sunday!
–The Rev. John Burwell
Posted in * Anglican - Episcopal, * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Ministry of the Laity, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Stewardship, TEC Conflicts: South Carolina, Theology: Scripture

South Carolina Bishop Lawrence Writes his Diocese Following the recent Supreme Court Ruling

Today, thousands of Christians around the world are holding you, the congregations of the diocese, as well as our clergy and bishop in prayer. Even more specifically, yesterday Anglicans on this continent were lifting us in constant prayer. As you may know, we recently voted as a diocese to affiliate with the Anglican Church in North America, and this summer their Provincial Assembly joyfully received us as full members therein. What a comfort it is to know that our Archbishop, the Most Reverend Foley Beach, asked the bishops, clergy and laity of the ACNA to pray and fast yesterday on our behalf.

Many of those praying and fasting have in the past walked away from their church buildings, buildings they built and maintained, and in some cases, where their families worshiped for centuries. Some left by choice; others after years of litigation. I do not mention the latter, however, as if the legal issues in our case are fully resolved. They most certainly are not, though they are clearly challenging. Rather, I want you to know the sort of Christians who are praying for us; and while holding us in prayer, many are fasting. They have paid a price to follow their Lord. We are part of a provincial body of Anglican Christians and they are walking this hard road with us. Their fellowship at such a time is greatly comforting to me and I hope it is for you.

I also want to tell you what our next steps are. First, this Monday, August 7, the Standing Committee and I will meet with our lead legal counsel, Mr. Alan Runyan. I assure you that our legal team is looking at the various options before us. Second, this Wednesday I will meet with the deans of the various diocesan deaneries, and that afternoon, Mr. Runyan, Canon Lewis and I will meet with all the clergy of the diocese. Please keep us in your prayers. Many important decisions are before us and we want to be faithful to our Lord Jesus Christ and walk in step with the Holy Spirit.

Read it all (his emphasis).

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

(AP via CBS) Euthanasia deaths becoming common in Netherlands

Euthanasia has become a common way to die in the Netherlands, accounting for 4.5 percent of deaths, according to researchers who say requests are increasing from people who aren’t terminally ill.

In 2002, the Netherlands became the first country in the world that made it legal for doctors to help people die. Both euthanasia, where doctors actively kill patients, and assisted suicide, where physicians prescribe patients a lethal dose of drugs, are allowed. People must be “suffering unbearably” with no hope of relief — but their condition does not have to be fatal.

“It looks like patients are now more willing to ask for euthanasia and physicians are more willing to grant it,” said lead author Dr. Agnes Van der Heide of Erasmus University Medical Center in Rotterdam.

Read it all.

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

(AAC) Phil Ashey–On lawsuits and losses: a Meditation from Psalm 37

The decision of the South Carolina Supreme Court in the matter of the ACNA Diocese of South Carolina vs. the TEC Diocese of South Carolina (Heard September 23, 2015 and filed August 2, 2017) appears to be such a case. The net effect of this case seems to be the transfer of the property of 29 congregations from the ACNA Diocese of South Carolina to TEC. Ultimately this could mean the displacement of thousands of families from the place where they have worshiped for generations. It could mean the loss of all the ACNA Diocese of South Carolina offices, the bishops residence and more.

The legal effect is to overturn the South Carolina Supreme Court decision in All Saints Parish, Waccamaw v Diocese 385 S.C. 428 (2009) that neither the then Episcopal Diocese of South Carolina nor the national church (by the Dennis Canon) can create a trust in favor of themselves in any church in South Carolina unless they already have an express property interest in that church. This 2009 decision was based on long settled common law principles of trusts in South Carolina law. The legal effect of the Court’s August 2 decision is to reinterpret the facts of this case de novo, and by bare majority of 3-2 to reinstate the validity of the Dennis Canon by turning the “neutral principles” approach to church property disputes (see Jones v. Wolf , 443 U.S. 595 (1979)) into a “deference to internal hierarchical church law,” approach—turning “neutral principles on its head.” As Justice Kittredge concluded in his opinion (dissenting in part and concurring in part): “The message is clear for churches in South Carolina that are affiliated in any manner with a national organization and have never lifted a finger to transfer control or ownership of their property—if you think your property ownership is secure, think again….”

I am reminded constantly of the example of The Falls Church Anglican in Virginia. Under years of costly litigation and appeals, they planted three churches in the DC Beltway (Arlington, Alexandria and Vienna) and one on the outskirts of Northern VA, in Winchester. All are thriving. TFC lost their buildings, but their congregation grew even as they gave away hundreds to these church plants! Now they have a location and a building that exceeds what they had before, as they are growing in mission and evangelism where God has planted them.

How tragic it would be if litigation and appeals took our eyes off God and the things that delight him—especially reaching those who do not yet know the transforming love of Jesus Christ.

Read it all.

Posted in - Anglican: Commentary, Ethics / Moral Theology, Law & Legal Issues, TEC Conflicts: South Carolina, Theology: Scripture

(CT) ‘They Call Us Monsters’ Offers a More Compassionate Brand of Juvenile Justice–a look at Ben Lear’s directorial debut production

The question at the heart of Lear’s film, then, isn’t whether these children deserve to spend the rest of their lives behind bars. Undoubtedly, they do. Rather, it’s whether we’re willing to take a second look at these “monsters” and see something of ourselves in their plight.

The simple fact is that there’s no such thing as an “adult” crime, just as there’s no such thing as a “respectable” sin. Apart from God’s unmerited grace in Jesus Christ, none of us would have any hope if God had elected to deal with us the way our legal system deals with juvenile rapists and murders.

As people who know better than any the transformative power of grace, we have every cause to support an approach to justice that holds offenders accountable while still leaving room for the possibility of redemption and restoration. There are plenty who would say that the final scene of these teenagers’ lives has already been written, and they’ve walked out on the rest of the show. They Call Us Monsters dares to suggest that there are plenty more unexpected plot twists yet to be revealed, if we’re willing to stick around for the whole production.

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Movies & Television, Religion & Culture

AS Haley–Massive Conflict of Interest Taints South Carolina State Supreme Court Ruling

In her concurring opinion, Justice Hearn went out of her way to castigate Bishop Lawrence and the role he played as chief pastor of his Diocese — ecclesiastical matters which, as her colleagues pointed out, had no business being addressed in a secular judicial opinion. In doing so, she only advanced, and acted as a spokesperson in black robes for, the sectarian interests of the Episcopal Forum to which she still (presumably — the organization no longer publishes the names of its members) belongs. At the same time, she contradicted her own precept that South Carolina courts should stay out of Episcopal Church matters and defer to its “ecclesiastical determinations.”

Further, according to the minutes, Justice Hearn’s husband, George, was one of the duly designated delegates to the special convention of ECSC called in January 2013 by ECUSA’s Presiding Bishop to replace Bishop Lawrence. That convention elected Charles G. vonRosenberg as Provisional Bishop of ECSC, who promptly brought suit against Bishop Lawrence in federal court and countersued in the State court action — eventually seeking the recovery of all the properties of each of the 36 separate parishes involved in that litigation. George Hearn also was a deputy to the first regular convention of ECSC held in March 2013.

One would think that Justice Hearn, given her membership in the organization that initiated the disciplinary proceedings against Bishop Lawrence, and given her husband’s role in enabling the litigation now before her, might have considered recusing herself from the 2015 appeal by her own diocese (ECSC) and church (ECUSA) to her Court, which placed directly at issue the actions of Bishop Lawrence and his Diocese that removed them from ECUSA. But one would be wrong. She not only stayed on the case, but she displayed a disgraceful bias in her own church’s favor during the oral arguments in September 2015.

Fast forward now to the current year. The appeal by Justice Hearn’s church and diocese has been languishing for 15 months because the five justices have been unable to form a consensus on how to resolve it, and are still circulating draft opinions. At some point in the process (perhaps just a few months ago, or perhaps it was right after the oral argument in September 2015), it has become clear that there are two votes (Acting Justice Pleicones, and, naturally, Justice Hearn herself) to apply ECUSA’s Dennis Canon full bore to the withdrawn parishes.

Read it carefull and read it all.

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

(NBC) Wednesday Morning Inspiration–Jarrett Adams Is Helping Others Wrongfully Convicted After Exoneration

Lester Holt interviews Jarrett Adams, who was wrongfully convicted of sexual assault when he was just 17 and — as an attorney — is now helping others who are in similar positions as he used to be.

Posted in Ethics / Moral Theology, Law & Legal Issues, Young Adults

(CEN) Disestablishment is now the C of E only option

Justine Greening, Equalities Minister, in her enthusiasm for transsexual rights, positively advocates the Church to change its position. Her religious illiteracy was trumped, though, by the former Prime Minister, David Cameron, who famously urged the Church to ‘get with the programme’. Cameron once compared his faith to the dodgy radio reception in the Chilterns – ‘it comes and goes’. And it was Cameron who presided over the ever-building pressure for a change in the Church’s relationship.

By interfering in the Church of England’s own decision-making with his indefensible ‘lock’ he made it impossible to defend the Church’s establishment. His breezy, braying Etonian interventions were representative of religious illiteracy that is now widespread in the Palace of Westminster.

In a matter of five years or so, conservative religious attitudes to marriage are now regarded as extremism or hate speech. The Church of England has no choice but to flee the relationship it has with the state. To stay is to risk having a relationship like the official Chinese church has with the Communist Party.

We need to beware the temptation of becoming a tame, domesticated state Church that desperately yearns for official approval and gains influence by supporting the short-term interests of politicians. The other danger is to be forced by the state to change doctrine because of the pressure to conform to new secular orthodoxies.

Read it all (requires subscription).

Posted in * Economics, Politics, Church of England (CoE), Church/State Matters, Ethics / Moral Theology, History, Law & Legal Issues, Politics in General, Religion & Culture

Diocese of SC Statement on the recent South Carolina Supreme Court Ruling

A sharply divided court reverses portions of the lower court ruling

COLUMBIA, S.C. (August 2, 2017) – In a 77 page opinion, the South Carolina Supreme Court today reversed portions of an earlier lower court ruling. In February 2015, circuit court Judge Diane Goodstein ruled that the Diocese of South Carolina, its trustees and the 50 parishes — representing 80 percent of the members — that disassociated with the Diocese successfully withdrew from The Episcopal Church (TEC) in 2012, taking all their property, including churches, symbols and other assets. The ruling was the result of a three-week trial in 2014.

That court found that “the Constitution and Canons of TEC have no provision which states that a member diocese cannot voluntarily withdraw its membership.” This ruling found that had there been such a provision, it would have violated the diocese’s “constitutionally protected right” to freedom of association. “With the freedom to associate goes its corollary, the freedom to disassociate,” Judge Goodstein wrote.

In a complicated ruling consisting of five separate opinions, the S.C. Supreme Court today ruled that parishes which had “acceded” to the national church’s ‘Dennis canon’ are subject to a trust interest on their property by the denomination. Eight congregations that had not so acceded were judged to have full rights to retain their property.

The dissenting justices expressed concern regarding the long term implications of this decision. Former Chief Justice Jean Toal stated that the court should have relied on “over three hundred years of settled trust and property law… I believe the effect of the majority’s decision is to strip a title owner of its property…” on the basis of actions that do not create a trust interest under South Carolina law. In concurring with Justice Toal, Justice Kittredge observed of other church properties where there is affiliation with a national organization, based on this ruling, “if you think your property ownership is secure, think again.”

This current litigation became necessary when TEC attempted to wrongly remove Bishop Lawrence, and the Diocese, in response, elected to disassociate from TEC. At that time a small group of TEC loyalists who had been preparing for this attempted removal began an intentional campaign of using the Diocesan Seal and other service marks of the Diocese. They began to function as if they were the Diocese of South Carolina. To maintain its identity required that the Diocese defend that identity.

Lead counsel for the Diocese, Alan Runyan, said the lead opinion and concurring’s decision is inconsistent with South Carolina and long-standing United States Supreme Court precedent involving church property disputes. Legal counsel continues to review a lengthy and complicated ruling comprised of five separate opinions.

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

AS Haley’s preliminary Read on the South Carolina Supreme Court Decision

In a divided decision, the trial court’s order is reversed as to twenty-nine parishes and affirmed as to the remaining parishes. The trial court’s intellectual property ruling is affirmed by a vote of 2-2, with one justice declining to reach the issue.

Here are the seven parishes (and one land trust) which, by a 3-2 vote, were not subject to the Dennis Canon: Christ the King, Waccamaw; St. Matthews Church, Darlington; St. Andrews Church-Mt. Pleasant Land Trust; St. Paul’s Episcopal Church of Conway; The Episcopal Church of the Parish of Prince George Winyah, Georgetown; the Parish of St. Andrew, Mt. Pleasant; St. John’s Episcopal Church of Florence; and St. Matthias Episcopal Church, Summerton.

Note that the opinions are confusing as to how many “congregations” — seven or eight — managed to escape the Dennis Canon, by never acceding in their articles or bylaws to the Constitution and Canons of ECUSA. The reason is that one of the eight is not a congregation, but apparently a trust that holds title to church property.

The opinions show a bitterly divided Court that could not agree even upon the basic framework by which to decide the case (what the Court calls “the standard of review”). I put a lot of the blame for this divisiveness upon Justice Hearn, about whose blatant bias I wrote at the time of the oral argument. Her opinion concurring with Justice Pleicones might as well have been written by David Booth Beers….

Read it all.

Posted in * Anglican - Episcopal, * South Carolina, - Anglican: Analysis, - Anglican: Latest News, Law & Legal Issues, TEC Conflicts: South Carolina

South Carolina Supreme Court on Diocese of South Carolina/TEC Diocese in SC Dispute Ruling is Out

Read it all.

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

Posted in * Anglican - Episcopal, * South Carolina, Episcopal Church (TEC), Law & Legal Issues, TEC Conflicts: South Carolina

7 Bishops based in Melbourne writer to the Premier of Victoria about the Proposal to legalise Euthansia

Dear Premier
We, the undersigned leaders of faith communities in Victoria, commend much of the work of the recent Victorian End-of-Life Choices Inquiry, which identified the need to improve the quality and accessibility of palliative care for all Victorians.  However we strongly reject the proposal to legalise assisted suicide and euthanasia in Victoria.

Better care – not killing

Human dignity is honoured in living life, not in taking it. Even though an act of euthanasia or assisted suicide may be motivated by a sense of compassion, true compassion motivates us to remain with those who are dying, understanding and supporting them through their time of need, rather than simply acceding to a request to be killed. It is right to seek to eliminate pain, but never right to eliminate people. Euthanasia and assisted suicide represent the abandonment of those who are in greatest need of our care and support.

Read it all.

Posted in Aging / the Elderly, Anglican Church of Australia, Anthropology, Australia / NZ, Children, Death / Burial / Funerals, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Life Ethics, Marriage & Family, Pastoral Theology, Religion & Culture, Theology, Theology: Scripture

Phil Ashey takes an in depth dive into the recent TEC Bp Jon Bruno decision and what it tells us: Questions about the corruption of a diocese

The Hearing Panel stated unequivocally that prior review and approval of the sale of church property by the Standing Committee “is a crucial part of the fabric and polity of the Church.” (Report at 57). And yet the specific findings recited in the Hearing Panel’s Report show that the Standing Committee did little, if anything, to investigate the legal ownership of St. James, to review any legal documentation for the sale, and to refer to its own minutes in doing so. If they had, they presumably would have discovered that the only properties transferred to Corp Sole were back in 2009, and did not include St. James. They would have discovered that a purported May 2014 quitclaim deed by the Diocese to Corp Sole was without any review by the Standing Committee. If they had followed Bishop Glasspool’s advice and consulted with another diocesan chancellor, they might have intervened and halted the sale. Nevertheless, they did not

These detailed findings in the Hearing Panel’s Report are troubling in the extreme, to say the least. Viewed as a whole, the findings strongly suggest that corruption and greed were systemic. They were not limited to Bishop Bruno himself. Key staff and leaders at the highest levels appear from the Report to have been complicit. The Standing Committee appears to have failed to properly review, let alone check, these problematic actions. Both laity and clergy close to the bishop were apparently involved.

How could the Episcopal Diocese of Los Angeles end up with so many people in positions of leadership who had lost their moral compass?

If the statement of the Diocesan spokesman and its webpage are any signs, the absence of conviction, humility and repentance is not promising.

Read it all.

Posted in Episcopal Church (TEC), Ethics / Moral Theology, Housing/Real Estate Market, Law & Legal Issues, Ministry of the Laity, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Stewardship, TEC Bishops, TEC Conflicts: Los Angeles

(60 Minutes) A young American who grew up in the heartland tells Scott Pelley what made him try to join ISIS in Syria

Abdirizak Warsame learned the theology of murder in Minneapolis, Minnesota…

Scott Pelley: YouTube became more real to you than your neighborhood in Minnesota?

Abdirizak Warsame: Yes.

Scott Pelley: How could that be?

Abdirizak Warsame: It kind of takes control of you. And you think you’re doing something for a greater cause. And you think you’re doing it for good.

Scott Pelley: And what was that?

Abdirizak Warsame: Most of the videos would talk about how if you would engage in jihad you would be doing your family a favor. And that you would be saving their lives from eternal hell fire.

Scott Pelley:That if you died as a martyr you would not only go to paradise your whole family would go with you?

Abdirizak Warsame: Whole family would go to paradise.

Read (or better watch) it all.

Posted in America/U.S.A., Anthropology, Blogging & the Internet, Eschatology, Ethics / Moral Theology, Globalization, Islam, Law & Legal Issues, Pastoral Theology, Religion & Culture, Syria, Violence

(Patheos) Roger Olsen–Is There Any Solution to the Transgender Controversy?

Apparently, some self-identified transgender people want to use restrooms and locker rooms designated for the sex that they are not yet physiologically. In other words, they have not yet undergone, and perhaps do not plan ever to undergo, sex change surgery. So, to be very specific, a person with “male parts” who identifies as female wants to use the locker room designated for females….

…I do suspect the source of controversy is the idea of a person with “male parts” using a locker room designated for girls and women. (I suspect few men really care about females using restrooms or locker rooms designated for boys and men.) To be very specific: I suspect many men and women care about anyone with “male parts” using the same restroom or locker room as their daughters and granddaughters.

So let us please look at the controversy through that lens in order to clarify it.

I propose that we distinguish between gender and sex in this controversy and insist that a person use the locker room (restrooms are really less a problem because women’s have stalls) designated for the sex he or she still is—until he or she has completed sex change hormonally and surgically. Otherwise, the specter (realistic or not) of sexually male persons claiming to be women walking around naked (locker rooms have showers) in women’s locker rooms is unavoidable.

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Posted in * Economics, Politics, Anthropology, Ethics / Moral Theology, Health & Medicine, Law & Legal Issues, Pastoral Theology, Politics in General, Religion & Culture, Sexuality, Theology

(Tablet) The Australian R Catholic Church opposes Victoria euthanasia legislation

Archbishop Hart commended efforts to strengthen and better resource Palliative Care but said that was a minimum necessity.

“While the report recommends what it calls safeguards, the truth is that these safeguards are never going to be enough and that there are no flawless medical procedures,” he said. “All procedures and interventions can have complications. I have watched supporters of this proposal and they are going out of their way to convince us that assisted suicide is acceptable, seeking to lessen our human, moral and natural distress because of suicide.

“It seems that on the one hand we are seeking to lessen suicide in our society – an admirable aim – but here we have this report looking to normalise it. When viewed from the perspective of the whole Victorian community these two objectives cannot be reconciled.”

The archbishop said the legislation would impose extraordinary and unreasonable responsibilities on medical professionals, who would be called upon to determine which patients were eligible and how the safeguards were to be applied. This then became a matter for decisions by medical practitioners and not the patients for whom they were required to care.

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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, Religion & Culture, Roman Catholic, Theology

(AM) Response to the Archbishops’ statement on the Decriminalisation of Homosexual Acts

We welcome the Archbishops’ reminder that the Church of England supported ending the criminalisation of homosexual behaviour among consenting adults, which is no more appropriate than criminalising adultery. We are also glad that they speak of homosexual people who want to follow Christ and are drawn by his love.

However, in calling people to him, Jesus speaks of his yoke and burden not ours. He refers to the yoke or challenge of living the kind of spiritual and moral life he expects. He promises that if we follow him he shares the burden and challenge to enable us to overcome those aspects of our lives that still need to conform to his pattern and teaching. He does not comfort and console us by accepting what is unacceptable to him.

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Posted in --Justin Welby, Anthropology, Archbishop of Canterbury, Archbishop of York John Sentamu, Church of England (CoE), Ethics / Moral Theology, History, Law & Legal Issues, Pastoral Theology, Religion & Culture, Theology: Scripture

Head of Jamaica Anglican church calls for the decriminalising of same sex relations

Gregory said Christians should be cautioned against believing in the view that they must be the gatekeepers of the law against buggery in order to prevent the legalisation of same-sex marriage.

“This submission does not accept the cause and effect relationship which is being introduced into this matter, neither is it advocating homosexual marriages,” he said….

Section 61 of the Offences against the Person Act of 1864 criminalises the ‘abominable’ anal sex – consensual or otherwise. The maximum punishment is 10 years’ imprisonment.

But Gregory argued: “Sexual activity engaged in public spaces is illegal and should continue to be so, whether of an heterosexual or homosexual nature.”

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

Posted in - Anglican: Latest News, Ethics / Moral Theology, Jamaica, Law & Legal Issues, Pastoral Theology, Religion & Culture

Joint Statement by the Archbishop of Canterbury and the Archbishop of York

A statement on the 50th Anniversary of the Act of Parliament passed in 1967 which decriminalised homosexual acts in our Country

Today is the 50th Anniversary of the Act of Parliament passed in 1967 which decriminalised homosexual acts in our Country. The Church of England, led by Archbishop Ramsey, was supportive of the Sexual Offences Act.

In January 2016 the majority of the leading Archbishops of the whole global Anglican Communion – almost 80 million people in 165 countries – confirmed the longstanding view of the Communion that diminishing and criminalising homosexual people is wrong.

The Church, not just the Church of England, but all those who follow Jesus Christ and whose lives are committed to his worship and service, has very often been defined by what it is against. It has condemned many things, and continues to do so, very often correctly, for example when they involve the abuse of the poor, or the weak, or the marginalised.

Read it all.

Posted in --Justin Welby, Anthropology, Archbishop of Canterbury, Archbishop of York John Sentamu, Church of England (CoE), History, Law & Legal Issues, Pastoral Theology, Sexuality, Theology

(NBC) Buffalo’s Opioid Court Hopes to Show New Path in Addiction Fight

Watch the whole encouraging piece.

Posted in America/U.S.A., Drugs/Drug Addiction, Health & Medicine, Law & Legal Issues

(Law+ Religion UK) Frank Cranmer–Law and religion round-up – 23rd July

Sexual orientation and “British Values”

An Orthodox Jewish school in Hackney has failed its third Ofsted inspection because it did not teach its pupils about sexual orientation. The inspectors reported that the pupils at Vishnitz Girls School, who range in age from three to eight,

“are not taught explicitly about issues such as sexual orientation. This restricts pupils’ spiritual, moral, social and cultural development and does not promote equality of opportunity in ways that take account of differing lifestyles. As a result, pupils are not able to gain a full understanding of fundamental British values.”

Furthermore:

“The school’s approach means that pupils are shielded from learning about certain differences between people, such as sexual orientation. The school’s culture is, however, clearly focused on teaching pupils to respect everybody, regardless of beliefs and lifestyle. Leaders and proprietors recognise the requirement to teach about the protected characteristics as set out in the Equality Act 2010. However, they acknowledge that they do not teach pupils about all the protected characteristics, particularly those relating to gender reassignment and sexual orientation. This means that pupils have a limited understanding of the different lifestyles and partnerships that individuals may choose in present-day society.”

Unsurprisingly, opinions in the media are divided.

Read it all.

Posted in Children, Education, England / UK, Law & Legal Issues, Religion & Culture

Irwin Stelzer–Time to Break Up Amazon? Americans have a schizophrenic attitude toward successful big businesses

“The trusts are hijous monsters. On the one hand they must be crushed underfoot; on the other hand not so fast.” So spake Mr. Dooley, the fictitious Irish bartender and font of wisdom created by Finley Peter Dunne in the late 19th century. Trusts were the form monopolies took at the time. Dooley captured Americans’ schizophrenic attitude toward successful big businesses. We make them big and successful by buying their products-J.D. Rockefeller’s petrol, Andrew Carnegie’s steel, J.P. Morgan’s loans, Ma Bell’s telephone network, American Tobacco’s cigarettes-then worry that they have too much power and call in the trust busters.

In fact, schizophrenia is something of a misdiagnosis. Bigness alone has never been considered by the courts to be an evil. In the language of the Supreme Court, monopoly power that is the result of “a superior product, business acumen, or historic accident” in unobjectionable. So why, then, are some hedge funds shorting the stock of Amazon in anticipation of a government move to break up Jeff Bezos’ creation or somehow restrain its growth? And why do we see articles in the New York Times headlined ” Amazon’s Growing Monopoly Bite” and ” Is it Time to Break Up Google?” And why is the Wall Street Journal warning that “Tech Companies Spread Their Tentacles” thus “concentrating power and wealth in the hands of a few companies in a way not seen since the Gilded Age.” Not to be outdone by the Economist, which leads with “A giant problem” and goes on to what for it is a near-hysterical statement, “The rise of the corporate colossus threatens both competition and the legitimacy of business … using the dark arts of management to stay ahead.”

Let’s start with some facts, using Amazon as the poster boy for a possible new documentary, The Company That Ate the U.S. Economy. Statistics about the company are hard to come by, so we must rely on probably the best guesses available, those of Consumer Intelligence Research Partners (CIRP). Amazon Prime, the offering that provides “free” shipping, exclusive access to movies, television shows, photo storage and a host of other goodies, costs $99 per year, counts as members some 80 million U.S. households, about two out of every three in the country, up from 58 million only one year ago. That certainly is a lot of customers.,,,

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Posted in Blogging & the Internet, Corporations/Corporate Life, Economy, Ethics / Moral Theology, History, Law & Legal Issues

The Living Church article on the panel draft decision about Bishop Jon Bruno

In a scathing rebuke of the Bishop of Los Angeles, a disciplinary hearing panel of the Episcopal Church has voted to suspend the Rt. Rev. J. Jon Bruno from ministry for three years….

According to Title IV 14.5 of the church’s canons, the presiding bishop is charged with reviewing this sentence and then pronouncing it or lessening it.

In a 4-1 decision, the panel wrote that “the scope and severity of Bishop Bruno’s misconduct … have unjustly and unnecessarily disturbed the ministry of a mission of the Church. St. James the Great is a casualty of Bishop Bruno’s misconduct.”

Neva Rae Fox, public affairs officer for the Episcopal Church, said late that evening, “This document is marked as a draft, and that is what it is. We will offer no comments as the Hearing Panel’s work continues.”

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Posted in Ethics / Moral Theology, Law & Legal Issues, Pastoral Theology, Stewardship, TEC Bishops, TEC Conflicts, TEC Conflicts: Los Angeles

(BBC) Church of England ‘withdrew emotional support for abused’

Victims of abuse by clergy have criticised the Church of England’s close relationship with the insurer advising it on compensation claims.
They said the Church had cut contact and emotional support from them on the advice of Ecclesiastical – which has a senior clergy member on its board.
An independent reviewer said in one victim’s case “financial interests were allowed to impact practice”.
The Church said it aimed to separate pastoral care from insurance issues.’

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