Category : Law & Legal Issues

(Local Paper Front Page) Daylight reveals path of destruction in Charleston from looting, vandalism after protests

Brooms and dustpans replaced rocks and spray paint Sunday as an army of volunteers descended on Charleston to clean up the demoralizing mess left by an angry mob that smashed, burned and pillaged much of the city’s central business district.

But even as they set about their work, new pressure points sprouted from the city’s iconic Battery seawall to the capital of Columbia, where law enforcement officers fired tear gas at protesters advancing on that city’s police headquarters. They represented the latest flash points in a week of tension and violence that has roiled the nation over the death of George Floyd at the hands of Minnesota police.

Charleston officials asked for help from the National Guard and imposed a strict 6 p.m. to 6 a.m. curfew in an effort to keep demonstrations from turning ugly as they did Saturday night, when tear gas, flames and gunshots filled the air.

Read it all.

Posted in * South Carolina, City Government, Economy, Law & Legal Issues, Police/Fire, Politics in General, Urban/City Life and Issues, Violence

Today’s Washington Post Front Page–a Good Morning to Pray for America

Posted in * Culture-Watch, America/U.S.A., Law & Legal Issues, Police/Fire, Race/Race Relations, Spirituality/Prayer, Urban/City Life and Issues, Violence

(RNS) US Roman Catholic bishops, Southern Baptists, grieve death of George Floyd, call for justice, condemn abuse of police power

Leaders from two of the largest faith groups in the United States issued statements lamenting the death of George Floyd and calling for an end to racial inequality.

“We are broken-hearted, sickened, and outraged to watch another video of an African American man being killed before our very eyes,” wrote a group of U.S. Catholic bishops who head committees for the U.S. Conference of Catholic Bishops. “What’s more astounding is that this is happening within mere weeks of several other such occurrences. This is the latest wake-up call that needs to be answered by each of us in a spirit of determined conversion.”

Bishops drafting the letter include Archbishop Nelson J. Pérez of Philadelphia, Archbishop Paul S. Coakley of Oklahoma City, and Bishop Joseph N. Perry, auxiliary bishop of Chicago, and numerous others.

Read it all.

Posted in America/U.S.A., Anthropology, Baptists, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Race/Race Relations, Religion & Culture, Roman Catholic, Theology

(CT) Dennis Edwards–The Revolution Will Not Be Videoed: What Paul and Silas might have said about George Floyd and…

For years, black and brown people have been doing the same as Paul in calling out injustice. The apostle Paul’s demands to the magistrates foreshadows Mamie Till’s bold move to have the body of her lynched son, Emmett, open for viewing. She wanted America to see what was allowed to happen to her son. White Christians have blamed victims of violence, waiting for some dirt on the victim to be dug up. White Christians have minimized the actions of the perpetrators by imagining there must be “another side to the story.” Perhaps even worse is the relegation of injustice to the actions of a few bad characters rather than the failings of an entire system and a worldview that vilifies non-whiteness.

The Revolution Is Really About Love

In that Acts 16 story, the magistrates apologize. They also ask Paul and Silas to leave the city. But before the apostles leave, they meet with the newly forming Christian community in Lydia’s house to encourage and admonish them. Surely this church, which now included a jailer, understood how power worked in Philippi and began their own revolution. Judging from what Paul wrote to that church sometime later (from prison!) they were to learn that the revolution means being like Jesus, considering others as more important than yourself (Phil. 2:3–4). The revolution means laying aside privilege in service to others (Phil. 2:5–11). Perhaps white Christian America can be motivated by that.

It is possible to be, like Jesus, angry at injustice while demonstrating and calling for love. In the many times over the years that I’ve been asked to speak about racial injustice, people expect me to end the message with hope. For some reason, those most vulnerable to oppression are the same ones who are supposed to give white people hope. Yet I do think about what moving forward means, especially since my wife and I have adult children and three grandsons. We think about a revolution for them. A revolution of love.

Read it all.

Posted in America/U.S.A., Anthropology, Christology, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Race/Race Relations, Religion & Culture, Theology, Theology: Scripture, Urban/City Life and Issues, Violence

Some Acna Bps on the Minneapolis Tragedy–“What happened to George [Floyd] is an affront to God because his status as an image-bearer was not respected”

What happened to George is an affront to God because his status as an image-bearer was not respected. He was treated in a way that denied his basic humanity. Our lament is real. But our lament is not limited to George and his family. We mourn alongside the wider Black community for whom this tragedy awakens memories of their own traumas and the larger history of systemic oppression that still plagues this country.

George’s death is not merely the most recent evidence that proves racism exists against Black people in this country. But it is a vivid manifestation of the ongoing devaluation of black life. At the root of all racism is a heretical anthropology that devalues the Imago Dei in us all. The gospel reveals that all are equally created, sinful, and equally in the need of the saving work of Christ. The racism we lament is not just interpersonal. It exists in the implicit and explicit customs and attitudes that do disproportionate harm to ethnic minorities in the country. In other words, too often racial bias has been combined with political power to create inequalities that still need to be eradicated.

As bishops in the ACNA, we commit ourselves to stand alongside those in the Black community as they contend for a just society, not as some attempt to transform America into the kingdom of God, but as a manifestation of neighborly love and bearing one another’s burdens and so fulfilling the law of Christ. We confess that too often ethnic minorities have felt like contending for biblical justice has been a burden that they bear alone.

In the end, our hope is not in our efforts but in the shed blood of Jesus that reconciles God to humanity and humans to each other. Our hope is that our churches become places where the power of the gospel to bring together the nations of the earth (Rev 7:9) is seen in our life together as disciples.

Read it all.

Posted in America/U.S.A., Anglican Church in North America (ACNA), Anthropology, City Government, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Politics in General, Race/Race Relations, Religion & Culture, Theology, Urban/City Life and Issues, Violence

(JE) Anglican Bishop Ryan Reed on Seeking the Gospel Amidst Litigation

“One of the things that we have learned is the spiritual handicap or weight that comes upon you even when you are defending yourself in a lawsuit,” Reed shares. ” This Sunday on Pentecost I am calling the entire diocese to a day or penance and of repentance. We are all collectively going to pray the litany of penance together and repent of any way in which this lawsuit has kept us from being faithful to the Gospel, any way it may have hardened our hearts to those who differ with us or those who wanted to hurt us.”

“This Sunday is a day of penance and a day of re-dedication. On Pentecost we are all going to re-affirm our baptismal vows and return to 100 percent focus upon sharing the Gospel and the transforming love of Jesus because that is what is important,” Reed declares. “All of this property and these funds and the buildings — those are just tools to help us share the good news of Jesus Christ. We could do with or without them to be honest, but if we’re not doing that, then those things don’t matter at all.”

Read it all and watch the whole interview (just over 23 minutes).

Posted in Anglican Church in North America (ACNA), Law & Legal Issues, Parish Ministry, Pentecost, TEC Conflicts: Fort Worth

(WSJ) Minneapolis Police Station Set on Fire as George Floyd Protests Intensify

Minnesota Gov. Tim Walz sent in the National Guard as demonstrators clashed with police for a third straight day to protest the death of George Floyd, a black man who died after a white officer pinned him to the ground with a knee on his neck in an incident captured on video.

Minneapolis Mayor Jacob Frey, who has called for the police officers involved in the incident to be criminally charged, had requested the assistance.

The Third Precinct police station, which has been a central site for demonstrations, was taken over and set on fire late Thursday, according to local news reports and video posted on social media.

Earlier, a large crowd gathered in a plaza outside the Hennepin County Government Center, waving signs, chanting George Floyd’s name and calling for charges against the officers involved in his arrest. Those demonstrations started peacefully Thursday evening but turned tense when police officers in riot gear approached protesters who screamed at them. Police shot flash-bang grenades and tear gas into the crowds. Protesters marching through downtown, passing by a boarded up Lumber Exchange Building, shouted with their hands up in the air. Some poured milk into their eyes to ease the sting of the gas.

Read it all.

Posted in * Culture-Watch, America/U.S.A., Anthropology, City Government, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Politics in General, Race/Race Relations, Theology, Urban/City Life and Issues, Violence

(Local Paper) South Carolina absentee voters won’t need a witness due to coronavirus, court rules

A federal court ruled Monday that South Carolina must allow all voters to use absentee ballots without the signature of a witness to keep coronavirus from spreading at the polls in the June primary election.

“Were it not for the current pandemic, then this element may have cut the other way,” U.S. District Court Judge Michelle Childs wrote in the finding. “Strikingly, the witness requirement would still apply to voters who have already contracted COVID-19, therefore affirmatively mandating that an infected individual … risk exposing the witness.”

The state had required a witness signature for absentee voters, which several plaintiffs argued in two separate lawsuits would pose an unnecessary risk and could disenfranchise swaths of voters adhering to social distancing measures.

Read it all.

Posted in * South Carolina, Health & Medicine, Law & Legal Issues, Politics in General, State Government

A S Haley–Texas Supreme Court Repudiates ECUSA’s Sophistries

In a comprehensive and unanimous thirty-page decision filed Friday morning, May 22, the Texas Supreme Court ruled in favor of Bishop Jack L. Iker and reversed the Court of Appeals’ earlier decision to the effect that ECUSA’s rump diocese, and not Bishop Iker’s diocese, controlled the Texas corporation which holds title to the properties of those parishes which in 2008 voted to withdraw their diocese from the unaffiliated and unincorporated association that historically has been called the (Protestant) Episcopal Church in the United States of America.

The decision is as straightforward an application of “neutral principles of law” (espoused by the U.S. Supreme Court in Jones v. Wolf) as one could find among the courts to which ECUSA has presented its “hierarchical church” sophistries. It repudiates those sophistries in a succinct passage (pp. 24-25):

In sum, TEC’s determinations as to which faction is the true diocese loyal to the church and which congregants are in good standing are ecclesiastical determinations to which the courts must defer. But applying neutral principles to the organizational documents, the question of property ownership is not entwined with or settled by those determinations. The Fort Worth Diocese’s identity depends on what its documents say. To that end, the Diocesan Constitution and Canons provided who could make amendments and under what circumstances; none of those circumstances incorporate or rely on an ecclesiastical determination by the national church; and nothing in the diocese’s or national church’s documents precluded amendments rescinding an accession to or affiliation with TEC. Applying neutral principles of law, we hold that the majority faction is the Fort Worth Diocese and parishes and missions in union with that faction hold equitable title to the disputed property under the Diocesan Trust.

The opinion then makes short shrift of ECUSA’s remaining arguments. It demolishes ECUSA’s Dennis Canon, first by holding that a beneficiary like ECUSA cannot declare a trust in its favor in Texas on property that it does not own, and second by holding that even if the Dennis Canon could be said to create a trust in ECUSA’s favor, the Canon does not, as Texas law specifies, make the trust “expressly irrevocable”. Thus it was well within the power of Bishop Iker’s Fort Worth Diocese to revoke any such trust, which it did by a diocesan canon adopted in 1989 — to which ECUSA never objected in the twenty years following that act.

The Texas Supreme Court affirmed the Court of Appeals’ holding that ECUSA could not assert title to the parishes’ properties by way of any “constructive” trust (a creation of the law to prevent a wrongdoer’s “unjust enrichment”), or by the ancient doctrines of estoppel or trespass-to-try-title, or by accusing Bishop Iker and his fellow trustees of the diocesan corporation of breaches of fiduciary obligation allegedly owed to ECUSA. Each of those claims would involve the civil courts unconstitutionally in disputes over religious doctrine.

In conclusion, the Court affirmed the judgment of the Court of Appeals on the grounds last noted, reversed its principal holding that as an ecclesiastical matter, ECUSA got to say which corporation under Texas civil law was the entity which held the parishes’ property in trust, and reinstated the trial court’s judgment that Bishop Iker’s corporation was in law the trustee of the properties of the parishes in his diocese.

Read it all.

Posted in * Anglican - Episcopal, - Anglican: Analysis, Episcopal Church (TEC), Ethics / Moral Theology, Katherine Jefferts Schori, Law & Legal Issues, Michael Curry, Presiding Bishop, Religion & Culture, Stewardship, TEC Bishops, TEC Conflicts: Fort Worth

(Star-Telegram) TX court favors classical group in Episcopal Church Fort Worth-area property dispute

One group calling itself the Episcopal Diocese of Fort Worth has won a decisive legal battle in a fight over which religious organization has control of church property.

But whether the war is over between these two religious organizations, both of which claim the title of the Episcopal Diocese of Fort Worth, is still being decided.

Both groups seek ownership of about $100 million in church property in a 24-county area….

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Religion & Culture, Stewardship, TEC Conflicts: Fort Worth

The Diocese of Fort Worth Responds to Today’s Unanimous Texas Supreme Court Decision

From there:

Today we rejoice that the Supreme Court of Texas has issued a unanimous decision in our favor concerning the suit first brought against the Diocese and Corporation more than 11 years ago. After considering our Petition for Review of the 2018 opinion issued by the Second Court of Appeals, the high Court has granted all the relief requested.

Page two of the opinion says in part,

Applying neutral principles to the undisputed facts, we hold that 1) resolution of this property dispute does not require consideration of an ecclesiastical question, 2) under the governing documents, the withdrawing faction is the Episcopal Diocese of Fort Worth, and 3) the trial court properly granted summary judgment in the withdrawing faction’s favor. We therefore reverse the court of appeals’ contrary judgment.
In its opinion, the Court found that the Diocese had not violated any Episcopal Church charter in withdrawing from association to TEC in 2008, and that the actions of the Diocese and Corporation were consistent with our own charters and with the state’s trust and unincorporated association statutes, and it upheld the dismissal of the Dennis Canon as determinative in Texas church property disputes.

Plaintiffs may exercise their rights of appeal, after which a mandate will go to the trial court for implementation.

We are grateful for the Court’s hard work on this decision and for the clarity with which it was rendered. We give thanks to the members of our legal team – Shelby Sharpe, Scott Brister, and David Weaver – for their sound counsel, expertise, and perseverance throughout these proceedings.

We give thanks for our visionary founding Bishop, the Rt. Rev. A. Donald Davies, and for those who assisted him in setting the legal and temporal foundations of the Diocese and Corporation. We stand on their shoulders.

We praise God for the steadfast faith and leadership of our third Bishop, the Rt. Rev. Jack L. Iker, a true shepherd of the flock, who made many sacrifices throughout his episcopate for the sake of Christ’s holy Church.

Above all, we thank God for his eternal provision and protection for his Church and the people he has called to serve him.

Posted in Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, TEC Conflicts: Fort Worth

Texas Supreme Court Makes Major Ruling in the Episcopal Church case in Fort Worth

The court of appeals declined TEC’s constructive-trust claim because such relief would require the court “to delve into the mysteries of faith,” impermissibly entangling the court in a dispute over religious doctrine.We agree with the analysis.’

Read it all.

Posted in Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Religion & Culture, Stewardship, TEC Conflicts: Fort Worth

(NYT) Utah Lowers Penalty for Polygamy, No Longer a Felony

A new law that took effect in Utah this week has lowered the punishment for polygamy in some cases, making it an infraction similar to a traffic summons instead of a felony punishable by a prison term.

Under Senate Bill 102, which was signed into law by Gov. Gary R. Herbert in March and went into effect on Tuesday, a married person can now take additional spouses at the same time and not be subjected to felony charges, as long as the new spouse entered into the union voluntarily.

But a polygamous marriage is still a felony if it was made by threats, fraud or force or involves abuse. Second-degree felonies can carry prison terms of up to 15 years. Barring other factors, polygamy is now an infraction, which can draw fines of up to $750 and community service.

When it was passed by the State Legislature in February, the bill exposed the debate over multiple marriages in Utah, which is believed to be the state with the highest population of polygamists.

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Sexuality, State Government

(NYT Op-ed) Esau McCaulley–Ahmaud Arbery and the America That Doesn’t Exist

There is no bigger rebellion or miracle in the history of these United States than that of the black Christians who saw in the very book used to justify their oppression a testimony to a God who disagreed. There is no greater audacity than their use of that Bible to construct, almost from scratch, a Christian anthropology that demanded a recognition of black worth. That struggle continues.

In the end, the question is not whether this country will finally fully value black lives. America doesn’t get a vote in the matter. It lacks the competence. The question is whether this country will continue to find itself in the dangerous place of having policies, customs and laws that oppose the will of God.

My work, as a minister of the gospel, is not to fix America, but to remind it of what it is not. It is not the kingdom of God, our great hope. Indeed, far too often God has looked upon us and our notions of justice and found America wanting.

Alongside the litany of suffering that marks the black experience, there is a chant that grows in power in times of crisis. It is in the spirituals and the blues, in hip-hop, soul and gospel music. It is in black poetry, fiction and film. This is a chorus of defiant joy, a refusal to let fear stifle hope.

Read it all.

Posted in * Culture-Watch, America/U.S.A., Anthropology, Death / Burial / Funerals, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Race/Race Relations, Religion & Culture, Theology, Violence

(CT) Dante Stewart–Ahmaud Arbery and the Trauma of Being a Black Runner

I was a college athlete; now I run and bike. I’ve run half marathons and completed an Ironman. But I can’t enjoy it like I used to. Where is the joy and freedom of getting out on the road, of training my body, when I have to wonder if one day I won’t make it to the end? I’ve been running all my life, and in some ways now, I have to run to keep it. My wife is legit afraid of getting that call: Your husband is dead.

Many believe that cases like the attack on Ahmaud Arbery are isolated. Or that they’re the kind of thing that can only happen in the South. No, this society has been taught anti-blackness. We see it in how they police our movements, criminalize our humanity, and avoid racial reckoning while enjoying the fruit that came from rotten trees—trees from which my ancestors hung lifeless.

Those wounds run deep even as I run today for my future, for my people, and even for my life. It’s a trauma that black Americans are forced to face, the tragic conditions of oppression, the audacity of whiteness. I couldn’t help but wonder: Why do they hate us so much?

Read it all.

Posted in * Culture-Watch, America/U.S.A., Anthropology, Ethics / Moral Theology, Law & Legal Issues, Police/Fire, Race/Race Relations, Theology

(WSJ) Michael Helfand–Should Washington Fund Ministers’ Salaries?

The Covid-19 pandemic has presented unprecedented challenges to faith communities across the U.S. Americans searching for meaning in the sanctuaries of churches, temples and mosques find their doors closed amid government lockdowns. Such closures threaten the financial viability of some houses of worship. The public now must consider what society owes religious organizations during this time of crisis.

About 1 in 10 houses of worship are open for regular services, according to a March American Enterprise Institute survey—a number that likely has fallen since then. Some states, citing religious-freedom protections, have exempted religious services from stay-at-home orders. In other states churches simply violate prevailing restrictions on the grounds that they deserve special freedoms given their religious mission. In the most extreme cases, pastors in Florida and Louisiana have been arrested for continuing to hold services.

The presumption that houses of worship require special treatment also defines the debate over including them in the federal government’s Payroll Protection Program. The $349 billion allocated to the PPP allows small businesses to borrow up to 2.5 times their monthly payroll. The loan is forgivable if the business or nonprofit maintains its payroll. The same goes for religious institutions, whose inclusion in the program angered those who saw it as a violation of the separation of church and state.

Read it all.

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

A S Haley–The South Carolina Supreme Court Rebuffs TEC Again

How do ECUSA and its attorneys manage to contend that there are any “rulings” in the August 2017 decision capable of being enforced? By vastly oversimplifying the jumble of five separate Justices’ opinions, that’s how.

I have demonstrated in earlier posts just how divided and disunited were the individual Justices (including especially Justice Hearn, who had not yet seen fit to disqualify herself — on the ground that she was an active member of one of the parishes whose property was at stake in the case, and had earlier underwritten the effort by dissident Episcopalians to remove Bishop Lawrence from his position). It is logically impossible to derive any legal result from the five opinions other than that three of the Justices (including the one now disqualified) voted to reverse the trial court’s judgment.

So Judge Goodstein’s judgment awarding the property is now reversed. What comes next? Ah, that is the question — and one looks in vain for a mandate (direction) from any three of opinions as got what the Circuit Court should do on remand towards entering a new judgment. As Judge Dickson said at the outset of the arguments on the motions before him:

The Court: The first motion that I have today, going through the list that y’all gave me the last time y’all were here, and I think the one I am most interested in is the motion to decide what I am supposed to decide. The clarification motion, okay.

In response to the contention by ECUSA’s attorney, Mary Kostel, that the Court’s ruling as to who owned the property was “clear”, Judge Dickson responded: “We would not be here if it was clear.”

And indeed, as pointed out in Bishop Lawrence’s response to the petition for mandamus, just one day before filing its motion for enforcement with Judge Dickson, ECUSA had filed a brief in opposition to Bishop Lawrence’s petition to the United States Supreme Court for a writ to review the August 2017 decision of the South Carolina Supreme Court (p. 4):

On May 7, 2018, Petitioners [in the Circuit Court, i.e., ECUSA and its diocese] argued to the United States Supreme Court that it should not grant Plaintiffs’ Petition for Certiorari because the Collective Opinions were “a poor vehicle for review.” Brief of Respondents in Opposition to Petition for Writ of Certiorari, 2018 WL 2129786 at 23-26. Petitioners [ECUSA and its diocese] contended this was so because the Collective Opinions are based on an “incomplete record”, which “contains significant ambiguities.” Id at 2, 23. The Collective Opinions are “fractured not only in rationale but even on facts.” Id at 2, 9. The absence “of a majority opinion on the standard of review” creates “ambiguities” making it “difficult to discern which of the trial court findings stand.” Id. at 23-24.

This is just another example of ECUSA’s unabashed hypocrisy in making diametrically opposed arguments to different courts, depending on the occasion. (For another egregious example, see this post.) For the US Supreme Court, the jumbled South Carolina opinions were “ambiguous” and “difficult to discern”, but in the South Carolina Circuit Court, just one day later, all was suddenly “clear.”

Read it all.

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

(Anglican Diocese of SC) South Carolina Supreme Court denies Petition for Writ of Prohibition by The Episcopal Church

The South Carolina Supreme Court announced yesterday that it has denied the Petition for a Writ of Prohibition submitted on February 21st by The Episcopal Church (TEC) and The Episcopal Church in South Carolina (TECSC), which sought to prevent Judge Edgar W. Dickson from ruling on the Diocese’s and parishes motion to clarify the Supreme Court’s earlier ruling. If granted, the petition would have prevented Judge Dickson from ruling on the case as he has indicated he was about to do. The Supreme Court’s order succinctly states: “Petitioners seek a Writ of Prohibition to prevent the circuit court from clarifying this Court’s decision in Protestant Episcopal Church in the Diocese of S.C. v. Episcopal Church, 412 S.C. 211, 806 S.E. 2d 82 (2017). The petition is denied.”

This ruling by the Supreme Court allows Judge Dickson to proceed with clarifying the Court’s earlier August 2017 ruling, which was comprised of five separate opinions. That situation is unprecedented in the history of the court. This open-ended denial of the petition by the Supreme Court places no restrictions upon the appropriateness of Judge Dickson’s work in interpreting the meaning of the original ruling.

Ironically, this ruling comes almost exactly a year after TEC and TECSC filed a similar Petition with the high court for a Writ of Mandamus meant to force Judge Dickson to rule in the case. The Mandamus Petition asked the Supreme Court to require the Circuit Court to interpret the Supreme Court’s August 2, 2017 ruling favorably for TEC and TECSC. That petition was also denied by the Supreme Court in July of last year.

As before, the Prohibition Petition was an attempt to end run Judge Dickson’s exercise of his discretion in interpreting the August 2, 2017 decision in a manner that may differ from TEC and TECSC’s interpretation.

The Anglican Diocese of South Carolina welcomes this decision by the South Carolina Supreme Court affirming that the Circuit Court is the proper venue to resolve the many uncertain issues arising from the August 2, 2017 decision.

The Rev. Marcus Kaiser, President of the diocesan Standing Committee observed, “In this time, our focus is on caring for our people and praying for a world deeply rocked by the COVID-19 pandemic. Still, we are profoundly grateful that the Supreme Court has denied the request for a Writ of Prohibition, and hope this ruling helps move things along. We pray for Judge Dickson and the complex issues he has to deal with, even as we continue to focus on concerns far more pressing to most people.”

The brief in support of the motion by the Diocese to dismiss this Petition can be found on the Diocesan website, along with further background on the earlier Petition for Mandamus. The August 2, 2017, ruling by the Supreme Court may also be found here.

Posted in * Anglican - Episcopal, * South Carolina, Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Religion & Culture, Stewardship, TEC Conflicts: South Carolina

(WSJ) Nathan Lewin–The US Supreme Court Justices Punt on Religious Liberty

[Justice Byron] White then rejected the notion that TWA should have to pay “premium wages” to a substitute, wrecking employment opportunities for many religiously observant employees. “To require TWA to bear more than a de minimis cost in order to give Mr. Hardison Saturdays off is an undue hardship,” he wrote. He justified this repudiation of respect for conscience by declaring that if TWA bore any cost whatever, it “would involve unequal treatment of employees on the basis of their religion.” Never mind that any accommodation by definition results in unequal treatment.

Accommodating religious observance usually requires more than “de minimis” cost and inconvenience. By defining religious accommodation as voluntary cost-free etiquette, Justice White empowered bosses to treat an employees’ religion as a mere inconvenience.

Justice Thurgood Marshall declared in dissent: “Today’s decision deals a fatal blow to all efforts under Title VII to accommodate work requirements to religious practices.” He concluded that “one of this Nation’s pillars of strength—our hospitality to religious diversity—has been seriously eroded.”

In Patterson v. Walgreen, the drugstore chain claimed that it had accommodated Mr. Patterson’s religious observance by offering him a lower-paying position in which he could observe the sabbath and by allowing him to swap shifts with other employees who wouldn’t have to be paid extra. Justices Samuel Alito, Clarence Thomas and Neil Gorsuch said they were prepared to overrule White’s noxious Hardison declaration. But they believed there were too many technical hurdles in Patterson v. Walgreen to make it “a good vehicle for revisiting Hardison.”

I am an Orthodox Jew, and I’ve been blessed with accommodative employers for nearly all of my professional life. Read it all.

Posted in Corporations/Corporate Life, Labor/Labor Unions/Labor Market, Law & Legal Issues, Religion & Culture, Supreme Court

(1st Things) Wesley Smith–Death On Demand Comes To Germany

…even I never expected full-bore death on demand to arrive in the West for another decade. I was too optimistic. A recent ruling from Germany’s highest court has cast right-to-die incrementalism aside and conjured a fundamental right both to commit suicide and to receive assistance in doing it. Moreover, the decision has explicitly rejected limiting the right to people diagnosed with illnesses or disabilities. As a matter of protecting “the right of personality,” the court decreed that “self-determined death” is a virtually unlimited fundamental liberty that the government must guarantee to protect “autonomy.” In other words, the German people now have the right to kill themselves at any time and for any reason. From the decision (published English version, my emphasis):

The right to a self-determined death is not limited to situations defined by external causes like serious or incurable illnesses, nor does it only apply in certain stages of life or illness. Rather, this right is guaranteed in all stages of a person’s existence. . . . The individual’s decision to end their own life, based on how they personally define quality of life and a meaningful existence, eludes any evaluation on the basis of general values, religious dogmas, societal norms for dealing with life and death, or consideration of objective rationality. It is thus not incumbent upon the individual to further explain or justify their decision; rather their decision must, in principle, be respected by state and society as an act of self-determination.

The court wasn’t done. The right to suicide also includes a right to assist suicide:

The right to take one’s own life also encompasses the freedom to seek and, if offered, utilize assistance provided by third parties for this purpose. . . . Therefore, the constitutional guarantee of the right to suicide corresponds to equally far-reaching constitutional protection extended to the acts carried out by persons rendering suicide assistance.

Read it all.

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

(CT) Recent Praise for Modi on India’s ‘Incredible’ Religious Freedom Doesn’t Match Our Research

…Modi’s record on religious freedom since becoming the leader of India has not been something to be proud of. His silence when minorities in India have been targeted and lynched by right-wing mobs has been telling. The worst sufferers of the wrath of extreme Hindu nationalists have been India’s Muslims—the targets of cow vigilantes and much hate speech—but Christians have not been far behind. The fundamental freedoms promised by the constitution of India to religious minorities are being constantly eroded, and persecution is a daily reality for many Christians in India.

Radicals affiliated with the Rashtriya Swayamsevak Sangh (RSS) movement and its family of organizations—including Modi’s BJP—have been making concerted efforts to attack Christians both physically and socially. Groups such as Bajrang Dal and the Vishwa Hindu Parishad, which believe in the ideology of Hindutva as promoted by the RSS, have disrupted worship services in churches, beat up pastors and other Christians, engaged in vandalism and destruction of property, and have pressured many Christians to recant their faith and forcibly convert to Hinduism.

The lack of police action, and in too many cases the cooperation of the police with the radicals, has resulted in a culture of impunity, emboldening the oppressors to attack without fear of any consequence. This has resulted in a sense of insecurity felt by many Indian Christians. It does not help that responsible leaders of Modi’s party, including state and union ministers, routinely engage in hate speech against Christians and other minorities. This only bolsters the radicals, who view this as open encouragement to target minorities.

According to the Religious Liberty Commission of the Evangelical Fellowship of India (EFI), which has been documenting incidents of persecution against Christians since 1998, incidents targeting Indian Christians have risen steeply since 2014, when Modi came to power. The commission recorded 147 verified cases of persecution in 2014; 252 cases in 2016; 351 in 2017; and 325 in 2018. The EFI commission will soon release the data for 2019.

Read it all.


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

Posted in Ethics / Moral Theology, Hinduism, India, Islam, Law & Legal Issues, Office of the President, Other Churches, President Donald Trump, Religion & Culture, Violence

A S Haley–The Brand New TEC Diocese in South Carolina Attempts an End Run by filing a request with the SC Supreme Court in their lawsuit vs. the historic Anglican diocese of SouthCarolina

By invoking the Supreme Court’s original jurisdiction over its inferior courts, the ECUSA parties at this point are demonstrating outright that they no longer have any confidence in Judge Dickson’s integrity to reach an impartial resolution of the puzzle presented to him by the five scattered opinions that came from the Court. Just as they requested the Court last June, ECUSA’s attorneys want to have the Court step in now and put an end to further delay in implementing what they claim was the Court’s “clear mandate.”

The problem is, the Supreme Court’s membership has changed since it rendered its fractured decision. Two of the then Justices (Toal and Pleicones) have retired from the Court, while a third (Hearn) belatedly recused herself from taking any further part in the case. That leaves only Chief Justice Donald Beatty and Justice John Kittredge out of the original panel, and those two were at odds with each other: the Chief Justice supported the official ECUSA line about the Dennis Canon, while Justice Kittredge was having nothing to do with any sort of remote trust that could be imposed on a parish’s property without its written consent.

Under those circumstances, the success of the petition filed by ECUSA will at the outset turn upon the view of it by the two new appointees to the Supreme Court: Justice John Cannon Few and Justice George C. James, Jr. If they agree between themselves on how to deal with the petition, their votes will carry the day by making the tally 3-1 (whether to deny the petition or to grant it). And if they disagree? The result (presuming that the C.J. and Kittredge are still at odds) would be a 2-2 tie, with the result that the writ could not issue.

Long and short of it: The Court will issue the petition restraining Judge Dickson only if the two new appointees both vote with the Chief Justice to grant the writ.

After all, there is nothing compelling the Court to be as impatient as ECUSA is to get a result; the Justices will each still collect their paychecks regardless of how they rule. And after all the time and effort Judge Dickson has expended to get to the point where he is now ready to take up ECUSA’s motions, one would think that the Court will be in no great hurry to take the case away from him, either.

Read it all.

Posted in * South Carolina, Ethics / Moral Theology, History, Law & Legal Issues, Religion & Culture, Stewardship, TEC Conflicts, TEC Conflicts: South Carolina

The brand new TEC Diocese in South Carolina Files a Petition for a Writ of Prohibition with the South Carolina Supreme Court in its Controversy with the Historic Anglican Diocese of South Carolina

Take the time to read it all (18 page pdf).

Posted in Church History, Episcopal Church (TEC), Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Religion & Culture, Stewardship, TEC Conflicts: South Carolina

(BBC) St Paul Cathedral’s bomb plot: ISIS supporter Safiyya Shaikh pleads guilty

A supporter of the banned Islamic State terror group has admitted plotting to blow herself up in a bomb attack on St Paul’s Cathedral.

Muslim convert Safiyya Shaikh went on a reconnaissance trip to scope out the London landmark and a hotel.

The 36-year-old, born Michelle Ramsden, was arrested after asking an undercover police officer to supply bombs.

At the Old Bailey, Shaikh, of west London, admitted preparing an act of terrorism and will be sentenced in May.

She was considered such a threat that MI5 made her the highest-level priority for investigation in the weeks before her arrest, according to Whitehall security sources.

Read it all.

Posted in Church of England (CoE), England / UK, Law & Legal Issues, Parish Ministry, Religion & Culture, Terrorism, Violence

(Seattle Times) Sudden resignation of two Seattle-area Roman Catholic school teachers stirs protests over church stance on same-sex relationships

Two people close to one of the teachers, Paul Danforth — his mother, Mary Danforth, and his fiance, Sean Nyberg — said his departure was related to news that he was planning to marry another man. They said they couldn’t comment about whether the teachers were fired, quit voluntarily or were asked to resign.

Several students said they already knew that Danforth and the other teacher were both in relationships with same-sex partners.

Kennedy Catholic mother Erika DuBois, who helped plan the walkout, said the news of the teachers’ departures shocked her. She said she knew that Catholic school teachers had to sign a contract that includes a morality clause about adhering to church values but that she didn’t expect the school to act on the clause.

Read it all.

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

Posted in Education, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Roman Catholic

(EF) Spanish parliament starts the final process to decriminalise euthanasia

The first official debate to finally pass the draft law to decriminalise euthanasia, proposed by the social democrat party PSOE, took place this week in the Spanish Parliament.

It has the support of the majority of the parties. The draft law, inspired by the Dutch and Belgian model, proposes that those who suffer a serious and incurable or disabling illness, with unbearable suffering could ask for euthanasia.

First, the patient and a doctor will have to agree, afterwards a second medical opinion is needed, then the patient will have to confirm his decision two weeks later, and 15 days later it can be made. The process will not last more than a month.

Furthermore, the law foresees the creation of a Commission for Control and Evaluation in each region, in addition to a registry of health professionals who decide to be conscientious objectors. Doctors who allege this cause must do so in writing.

The draft law must now go through the Health Commission, go back again to the Parliament and, finally, to the Senate. A process that could be resolved before summer.

Read it all.

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

(Gzero) Will Sudan’s Omar al-Bashir finally face justice?

Sudan’s former strongman president, Omar al-Bashir, has spent years evading justice for alleged war crimes committed almost two decades ago. But the ex-dictator now seems set to face the music after Sudan’s transitional government said that it would hand the 76-year-old over to the International Criminal Court (ICC) to face charges including an allegation of genocide. Here’s what you need to know about Omar al-Bashir and the events that led him here.

The wily and brutal Omar al-Bashir assumed power in Sudan in an Islamist-backed coup in 1989, and quickly ramped up the Arab-dominated government’s long-running war against black and Christian separatists in the country’s oil rich South. Al-Bashir, who was ousted by mass protests against his longstanding autocracy last year, has been wanted by the top international court since 2009 over mass atrocities committed by government militia in the western region of Darfur, where 300,000 people were killed and almost 3 million were displaced.

Since being pushed from power, Al-Bashir has been sentenced by a Sudanese court to two years in a correctional facility on corruption charges (in Sudan people over the age of 70 can’t serve jail terms) but his years of alleged crimes against humanity have not been reckoned with.

Read it all.

Posted in Ethics / Moral Theology, Globalization, Law & Legal Issues, Sudan

(ESPN FC) Manchester City to appeal 2-year UEFA competition ban for FFP (financial fair play) violations

Manchester City will appeal UEFA’s decision to ban the club for two seasons from European competition — including the Champions League — after the governing body found them guilty of breaching financial fair play rules.

UEFA announced on Friday that the reigning Premier League champions will be excluded from the Champions League for the 2020-21 and 2021-22 campaigns and have also been fined €30 million ($33 million) for “overstating its sponsorship revenue in its accounts” and failing “to cooperate in the investigation,” according to findings by the UEFA Adjudicatory Chamber.

In response, City said they were “disappointed but not surprised” by the ruling and gave notice of their intention to lodge an appeal at the Court of Arbitration for Sport.

Sources have told ESPN that City believe UEFA’s process has been flawed and that they remain confident they will be cleared of any wrongdoing once their appeal is heard by an independent body. Sources have told ESPN that, until then, the club will go about their business “as usual.”

Read it all.

Posted in Consumer/consumer spending, Corporations/Corporate Life, Economy, England / UK, Ethics / Moral Theology, Globalization, Law & Legal Issues, Men, Sports

(C of E) Overwhelming support for General Synod safeguarding motion

General Synod voted unanimously today to endorse the Church’s response to the five recommendations from IICSA and urged its national safeguarding steering group to work towards a more fully survivor-centred approach to safeguarding, including arrangements for redress for survivors.

The debate was opened by the lead bishop for safeguarding, Bishop Peter Hancock who shared personal reflections on his time as lead bishop along with outlining the Church’s response to the IICSA recommendations. The Bishop of Huddersfield, Jonathan Gibbs, takes over as lead safeguarding bishop in April.

Read it all and please note the links to the various speeches.

Posted in Anthropology, Church of England (CoE), England / UK, Ethics / Moral Theology, Law & Legal Issues, Ministry of the Laity, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Religion & Culture, Sexuality, Theology, Violence

(Archbp Cranmer Blog) Martin Sewell–Safeguarding: the Church of England’s house is slowly being rebuilt

Our proposals sought to record our collective lament at our sins of omission and commission, and (for the second time of asking) we commended the text of the excellent Blackburn Ad Clerum. Then and now these suggestions were rejected: the first time our Archbishops thought it premature; this time, seeking to preface our acceptance of the IICSA recommendations with sentiments of repentance, and endorsing the pastoral response which our victims had welcomed, were ruled technically out of order. We can play with the idea of repentance being ‘out of order’ in this context at a future juncture: this is not the time for mischief-making, however tempting.

Our purpose in going beyond the anaemic and prosaic was to make this debate a cultural turning point from which we might begin to move on from the necessary demolition – of structures, attitudes, policies etc. – toward a more positive future.

We thought it important that such an initiative should come from below, for we saw that it is no longer sufficient for the House of Bishops alone to direct our response. Archbishop Justin has previously acknowledged that a change to the culture of deference is needed. We were taking him seriously. It is liberating and deserves to be taken seriously. “Trust me, I’m a Bishop” is no longer a sound principle: the whole of the Church, from top to bottom, must own its priorities, and discussing these at Synod seemed to be a healthy place to start.

Our proposals additionally committed Synod to accepting the final IICSA proposals promptly, on the basis that it was inconceivable that we would pretend to know better after all the embarrassment of the IICSA evidence and submissions. Our track record does not merit once again wandering off on a Safeguarding frolic of our own.

Our final proposal dared to engage bluntly with the issue of proper reparation. We were mindful of the story of ‘Tony’ in the insurance press. He told his story on the BBC Radio 4 Today programme, and explained how survivors have endured very low levels of compensation because they cannot afford to take matters to court and lose. The power imbalance in the negotiations is immense.

Read it all.

Posted in Anthropology, Church of England (CoE), England / UK, Ethics / Moral Theology, Law & Legal Issues, Ministry of the Laity, Ministry of the Ordained, Parish Ministry, Pastoral Theology, Religion & Culture, Sexuality, Theology, Violence