Showing posts with label constitutional rights. Show all posts
Showing posts with label constitutional rights. Show all posts

Thursday, December 22, 2011

Eye of Newt. . .

Since Newt Gingrich seems to have become the latest to become the darling of the ABM (Anyone But Mitt) movement among the know-nothing Tea Party and “Evangelical” Christianist Republicans, let’s take an opportunity to skewer one of his latest platform statements – his response to the call by the WAcKO Iowa group, The FAMiLY LEADER

NEwT: To Bob Vander Plaats and the Executive Board of The FAMiLY LEADER: I appreciate the opportunity to affirm my strong support of the mission of the FAMiLY LEADER by solemnly vowing to defend and strengthen the family through the following actions I would take as President of the United States.

Defending Marriage.  As President, I will vigorously enforce the Defense of Marriage Act, which was enacted under my leadership as Speaker of the House, and ensure compliance with its provisions, especially in the military. 

JP: The fact that the so-called Defense of Marriage Act is really an assault on states’ rights, an assault on marriage, and actually does nothing to preserve and strengthen marriage, is lost on Newt.  DOMA is unconstitutional and likely to be held to be unconstitutional by the courts.

NEwT: I will also aggressively defend the constitutionality of DOMA in federal and state courts. 

JP: A waste of taxpayer dollars, to defend a law that should so obviously a violation of the Constitution to anyone who claims to be a constitutional scholar.

NEwT: I will support sending a federal constitutional amendment defining marriage as the union of one man and one woman to the states for ratification. 

JP: it’s so rare that constitutional amendments to take away rights are introduced.  The last one ushered in Prohibition. The constitutional Amendment we need to see is a reintroduction of the Equal Rights Amendment.  It is about time.

NEwT: I will also oppose any judicial, bureaucratic, or legislative effort to define marriage in any manner other than as between one man and one woman.  I will support all efforts to reform promptly any uneconomic or anti-marriage aspects of welfare and tax policy.  I also pledge to uphold the institution of marriage through personal fidelity to my spouse and respect for the marital bonds of others.

JP: Given Newt’s personal history, “personal fidelity to his spouse” in that “one man/one woman for life” scenario can only mean returning to the first wife he previously abandoned while whoring around with the second, and the third  he whored around with while still married to the second, and abandoning the later whores. But he is a whore himself who deserves the serial polygamy he *really* favors. His “one man and one woman”pledge should mean just that – not just serial polygamy, or “one man and one woman at a time.”  Oh, but wait, to his adopted Roman Catholic Church, Newt gets a pass, since neither of his earlier marriages are recognized by the pedophile-pandering priests (or any of the other more decent priests) in his Church as having been valid.  But don’t all these “Evangelical” Christianist types look at Roman Catholics as “papists” in sort of the same way they see Mormons as pagan idolators? Wouldn't that be especially true since he used to be a white Southern Baptist good ol' boy, and he actually converted to the papist cause?  Aren; these the same sort of people who objected to Al Smith and Jack Kennedy?

NEwT: Defending the Unborn.  I believe that life begins at conception. 

JP: He “believes.”  This is important. I will note that this belief that “life begins at conception” has absolutely nothing to do with the idea of when that life is entitled to be considered a human being.  Anyone who professes to be a bible-believing Christian and who does not accept the idea that the soul is intimately connected with *breathing* (i.e., the span of a human person’s ensoulment runs from first breath to last only.  Even under the English Common Law, which was rather bible-based in many ways, a baby that was born, but did not take a single breath, was not deemed to be a person, but was called stillborn.  No inheritance or inheritance rights would pass through such a non-entity. But Newt is one of those people who like the idea of granting full personhood status to inanimate corporations.  He would also likely consider the construction plans to be a home, and pans on regulating chicken eggs as if they were fully formed and once-breathing chickens.  But his "belief"is consistent with the kind of thing the Pope wants to impose on all Americans.

NEwT: On day one of my administration, I will sign an executive order reinstating Ronald Reagan’s Mexico City policy that prevents taxpayer dollars from being used to fund abortions overseas. 

JP: That’s right, Newt “believes” and only his beliefs count. How he can say this, and then claim to defend “Religious Liberty” two points down from this one, is a conflicted position that can only be taken seriously by people who do not have the capacity to understand the fact that these principles are in opposition - such as anyone who might have signed Robbie George and Chuck Colson's bombshell of a Manhattan Declaration.    So Newt wants to take way from the religious freedom of women.  For Newt, women are a necessary inconvenience, and as an originalist on the Constitution, he believes that women should not be counted, and that African Americans should be returned to a state of involuntary servitude. (See his position on appointing "Originalist" judges!)


NEwT: I will also work with Congress to repeal Obamacare, defund Planned Parenthood so that no taxpayer dollars are being used to fund abortions but rather transfer the money so it is used to promote adoption and other pro-family policies, and enact legislation that provides greater protections for the unborn.

JP: Even the English Common Law recognized that “the unborn” are not people.  So protecting the “unborn” means taking away the rights of women who are already born.  And so little of Planned Parenthoods budget goes to abortion,  Most of it goes to other reproductive health services.  I am sure that Newt would rather give taxpayer money to "religious" groups that discriminate against people they don't like.

NEwT: Defending Religious Liberty.  As President, I will vigorously defend the First Amendment’s rights of religious liberty and freedom of speech against anyone who would try to stifle the free expression of believers. 

JP: Newt wants to impose his religion in everyone, and then comes out with this? This is inconsistent with his policy on women’s reproductive rights. There are women who share my religious belief that is bible based, and consistent with the common law understanding that we are only human beings between first breath and last breath.  Our souls are intimately bound up in our breath – and literally, “spirit” and “breath” are the same thing.  So, why doesn't our religion count? Is it because Newt only believes that Religious freedom is for people who agree with him?

NEwT: I will also promote legislation that protects the right to conscience for healthcare workers so they are not compelled to perform abortions and other procedures that violate their religious teachings.

JP: how about the religious liberty of healthcare workers whose religious beliefs allow them to participate in assisting women in their reproductive health care.  I think that people who have a religious objection to performing their jobs should find another line of work.

NEwT: Defending Against Debt.  As President, I will undertake vigorous policies to maximize capital investment and job creation, along with common sense entitlement reforms, to dramatically turn around the nation’s fiscal situation. 

JP: This is meaningless drivel.  Newt has every intention to line the pockets of fat cats at the expense of the people.  He already intends to scuttle child labor laws.

NEwT: Building upon the same principles I championed during my four years as Speaker, when we reduced the national debt by over $400 billion and dramatically reduced the national debt as a percentage of the GDP, we will reduce the enormous burden upon American families of the public debt and unfunded liabilities.

JP: Newt is infamous for being the huckster who designed the program one can only call “The Contract On America” - The only way to fairly accomplish the goal he seeks  is to stop the insane defense spending and end the wars.  It is a well-known principle since the Vietnam war that America  can’t afford to have Guns *AND* Butter. 

NEwT: Defending the Right of the People to Rule Themselves.  Today, as federal courts have intervened in sectors of American life never before imaginable, including the intervention in the definition of marriage as well as when unborn life can be protected under the Constitution, the public has increasingly come to view them as an usurpative device for unelected rulers. 

JP: The real activist judges have ruled that fictitious corporate “people” have the same rights as human beings – the next step is to give corporate entities perpetual voting rights.  And the slippery slope will be to give Republican-built robots voting rights (something that they apparently have tried clandestinely in Ohio, with the apparent voting rights of voting machines there).  The courts actually exist to protect the *individual* people against the tyranny of the majority – a job they don’t do terribly well because of conservative activism from the bench

NEwT: This abuse of power and loss of public confidence amounts to a constitutional crisis.  I believe the executive and legislative branches each have an independent responsibility to interpret the Constitution,

JP: That is true, within their parameters, but the SCOTUS has the final say on constitutionality.

NEwT: and in those rare circumstances when they believe the federal courts, including the Supreme Court, have engaged in a serious constitutional error, they can choose among an array of constitutional powers to check and balance the courts. 

JP: The “check and balance” on the SCOTUS is the constitutional amendment process.  Is Newt an ass, or what?  Since he is a self-proclaimed constitutional scholar, doesn’t he actually know this?

NEwT:  As President, I will nominate for federal judgeships, including justices of the Supreme Court, only those individuals who are committed to an originalist understanding of the Constitution.  Judges with an originalist understanding will subordinate themselves to the meaning of the Constitution as it was intended by the framers, and not substitute their own judgments about its meaning. 

JP: Originalism is an error.  Times have changed, and I expect a SCOTUS and federal judges who are more civilized than their predecessors, and more civilized than the Founders, who believed in slavery, and in the oppression of women.  Newt is saying tight here that he wants to roll back the interpretation of the Constitution to a point prior to 1870.

NEwT: The inherent judicial self-restraint that comes from an originalist approach to the Constitution offers the best long-term assurance that federal judges will not exceed their powers and trample on individual liberties.  I will also work with Congress to use the Constitutional means available to reassert the right of the elected branches of government to defend their understanding of the meaning of the Constitution, including limiting the jurisdiction of the federal courts to decide on certain issues, when they believe the federal courts have engaged in a serious constitutional error.

JP:  I think that Newt treads on dangerous ground here.  While the courts have traditionally been a drag on progressivism, on occasion they lurch toward civilization.  Newt would kill that, and insure that the tyranny of the majority can crush individual rights for people who don’t fit into the majority.  Newt is a dangerous demagogue, and a threat to the republic, as dangerous as a mad dog I the streets.  If he were to be elected to the presidency, I would fear for the survival of the nation.  Gingrich, the Gingrinch, would steal the childhood from children, freedom from women, and human rights from LGBT people.

NEwT: Sincerely, Newt Gingrich

JP: Newt is *anything* but sincere.  He is a liar, a cheater, an adulterer, a miserable excuse for a human being, and he has a problem with the meaning of words.  His answer to charges of influence peddling was that he was not a “lobbyist.”  This fuzzy definition thing  is exactly the same kind of thing that he ha the House impeach Bill Clinton for exhibiting  – Clinton was technically truthful when he said that he “did not have sexual relations with that woman.”  Because what Clinton meant by “sexual relations” was limited to a particular act that he didn’t actually perform.  So Gingrich technically tells the truth when he says he was not a “lobbyist” but there are other aspects of influence peddling that he had his hand in once he was gone from Congress.  Newt’s hands are stained and unclean. None of the Republican candidates for President are qualified for the job, but Newt has shown himself to be less qualified than Michele Bachmann.  He is already committing “high crimes and misdemeanors” under his own definition of the term, well before getting the nomination, much less taking office.

Tuesday, August 24, 2010

Skidmarks on the Road: Part I

I have been reading a two part essay that largely relates to the treatment of transsexual people in the Catholic Church. I decided to address a number of the points made by the author, in some detail. This first essay is foundational – the premise is that The Magisterium of the Catholic Church is in error on at least some moral issues, and since it claims to be the holder of all truth, if anything can be proven false, the entirety of the magisterial teachings and interpretations come into question.

In this first essay, we find that in author Mary Kochan’s first two paragraphs, there are issues already – so let’s explore them, shall we?


Where the Rubber Meets the Road: Part One
By Mary Kochan





“I once had an interesting debate regarding “sola scriptura” with a Protestant apologist. I insisted scripturally and historically on the Catholic position that 1. Scripture could not interpret itself anymore than it could read itself and 2. that the task of authoritative interpretation belonged to the Magisterium of the Catholic Church. My clever interlocutor rejoined with a great question: Who then interprets the interpretation? Doesn’t this just become an endless loop?

My answer was that this question missed the incarnational aspect of the Catholic faith. Everything does not remain on paper, or floating up in the rarefied air of theological theory. Every doctrine comes down to earth, becomes incarnated by an act: a ritual is performed; a Sacrament is received; a vow is made and kept for life; a prayer is made by human lips and ascends to God; an act of penance is performed. This is where the rubber meets the road. We act on, pray on, live, what we believe.”

Mary's first two paragraphs are designed to establish that the Church's Magisterium is authoritative on matters of scriptural interpretation. It isn't to far to go from there to matters of "faith and morals."

After many years of examining the failures of the Magisterium of the Roman Catholic Church in interpreting sacred scripture on numerous moral issues, I have come to the conclusion that the problem is in part with the fact that the Magisterium is made up of fallible men, and even the Pope’s claim to infallibility when officially speaking on matters of faith and morals, officially confirmed by the First Vatican Council in 1870, is suspect.

In this essay, I am going to explore one area where the Magisterium misinterprets sacred scripture, and has used its interpretation in a less than moral manner to interfere with secular affairs involving people who don’t agree with Church teachings, and the law as it relates to everyone and not just Roman Catholics. My point of view is that of a cradle Catholic who was asked not to come back to Church over ten years ago, and who has evolved a theological perspective free from the constraints imposed on the faithful, using my informed conscience, right reason, sacred scripture, law, science, and history.

Let’s start with the whole idea of ensoulment as imaged in sacred scripture, and then incarnated in the Sacrament of Baptism, and how that relates to the Church’s current teaching on women’s reproductive rights.

Here’s a snippet of something I wrote on this topic to New York’s Archbishop Timothy Dolan, when I challenged him on his claim, made in a speech, that the Roman Catholic Church is “unchanging.” I wrote:


The Church’s initial teachings on “ensoulment” and abortion are based on writings of Aristotle, St. Jerome, St. Augustine and St. Thomas Aquinas – all of whom believed that “ensoulment” occurred several weeks after conception. Pope Innocent III, to whom one might ascribe “infallibility” (though there is the story of one Pope trying and condemning a deceased predecessor – try sorting *that* out), made it Church doctrine around the 13th century that abortion was permitted until fetal animation (called “quickening” – Aquinas posited that girl souls were implanted at 90 days after conception, while boys got souls after only 40.

Of course, this medieval and Aristotelian-based philosophical stuff ignored the majestic message of Sacred Scripture, in which the infusion of the soul (and the soul’s taking leave of the body) is inextricably intertwined with breathing – the soul itself involves the “breath of God” or “the breath of life.”

It was not until the 19th century that the Church started to change its position on abortion – and, of course, we have Pope Paul VI’s 1968 encyclical Humanae Vitae that is largely responsible for the Church losing its moral compass on the ideas and concepts of ensoulment and what constitutes a human being. Human life is a continuum, but a human being does not exist until birth and breath. Humanae Vitae prohibited Catholics from the use of any sort of artificial birth control.

It’s clear what the current Church hierarchy teachings are on abortion and birth control – I submit that while these may be binding on those Roman Catholics who accept the apostasy of the Church hierarchy in its misguidance of the flock, it is in no way appropriate for the hierarchy, and that means you, your Excellency, to take action as the agent of a foreign power to interfere with the constitution and laws of the State of New York and the United States as they apply to those citizens and inhabitants of the United States and the State of New York who do not subscribe to your hierarchical apostasy.

So, let’s look at some examples of the “majestic message” of the breath of life I noted:

Genesis 2:7 -
the LORD God formed the man from the dust of the ground and breathed into his nostrils the breath of life, and the man became a living being.

Job 7:7 -
Remember, O God, that my life is but a breath; my eyes will never see happiness again.

Job 27:3 -
as long as I have life within me, the breath of God in my nostrils,

Job 33:4 –
The Spirit of God has made me; the breath of the Almighty gives me life.

Psalm 39:5 –
You have made my days a mere handbreadth; the span of my years is as nothing before you. Each man's life is but a breath. Selah

Ezekial 37:5-6 –
This is what the Sovereign LORD says to these bones: “I will make breath enter you, and you will come to life. I will attach tendons to you and make flesh come upon you and cover you with skin; I will put breath in you, and you will come to life. Then you will know that I am the LORD.' "

Revelation 11:11 -
But after the three and a half days a breath of life from God entered them, and they stood on their feet, and terror struck those who saw them.

Death is described in scripture as occurring when one takes a last breath – See:

Genesis 25:8 –
Then Abraham breathed his last and died at a good old age, an old man and full of years; and he was gathered to his people.

(Also Gen. 25:17, 35:18, 25:29, and 49:33)

Job 14:10 –
But man dies and is laid low; he breathes his last and is no more.

Jeremiah 15:9 –
The mother of seven will grow faint and breathe her last. Her sun will set while it is still day; she will be disgraced and humiliated. I will put the survivors to the sword before their enemies," declares the LORD.

Mark 15:37 –
With a loud cry, Jesus breathed his last.

Luke 23:46 –
Jesus called out with a loud voice, "Father, into your hands I commit my spirit." When he had said this, he breathed his last.

It is reasonable for a Christian to conclude from passages like these in sacred scripture that from a Christian perspective, the span of our lives runs from the moment we are born and take our first breath, and lasts until we die and take our last breath – that our soul enters and leaves as the breath of God.

Now, Mary Kochan wrote, as we quoted above:

“Every doctrine comes down to earth, becomes incarnated by an act: a ritual is
performed; a Sacrament is received; . . .”

If I understand this correctly, the Sacrament of Baptism, for Christians, is the incarnational embodiment of the act of birth and breath, and relates this event to ensoulment. While the Roman Catholic ritual allows for pouring water over the initiate, the Church still permits, and many Protestant denominations (mostly those that reject infant baptism) insist, on the original sacramental ritual, which involves immersion of the initiate in a body of water, holding them down just long enough, and then raising them up to take that first, new breath of air. The immersion is symbolic of the state of being prior to birth, the raising up is a re-enactment of birth, and the “first breath” is symbolic of the initiate’s new life as a believer in Christ’s message. The initiate is given a white garment, also symbolic of the new life.

In the U.S. Supreme Court’s decision in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), Justice Blackmun’s majority opinion delved into the origins of the English common law, which, prior to 1776, is the source of American jurisprudence. For those who haven’t read the decision, I will excerpt it here:





3. The common law. It is undisputed that at common law, abortion performed before "quickening" - the first recognizable movement of the fetus in utero, appearing usually from the 16th to the 18th week of pregnancy - was not an indictable offense. The absence of a common-law crime for pre-quickening abortion appears to have developed from a confluence of earlier philosophical, theological, and civil and canon law concepts of when life begins. These disciplines variously approached the question in terms of the point at which the embryo or fetus became "formed" or recognizably human, or in terms of when a "person" came into being, that is, infused with a "soul" or animated." A loose consensus evolved in early English law that these events occurred at some point between conception and live birth. This was "mediate animation." Although Christian theology and the canon law came to fix the point of animation at 40 days for a male and 80 days for a female, a view that persisted until the 19th century, there was otherwise little agreement about the precise time of formation or animation. There was agreement, however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas' definition of movement as one of the two first principles of life, Bracton focused upon quickening as the critical point. The significance of quickening was echoed by later common-law scholars and found its way into the received common law in this country.

Whether abortion of a quick fetus was a felony at common law, or even a lesser crime, is still disputed. Bracton, writing early in the 13th century, thought it homicide. But the later and predominant view, following the great common-law scholars, has been that it was, at most, a lesser offense. In a frequently passage, Coke took the position that abortion of a woman "quick with childe" is "a great misprision, and no murder." Blackstone followed, saying that while abortion after quickening had once been considered manslaughter (though not murder), "modern law" took a less severe view. A recent review of the common-law precedents argues, however, that those precedents contradict Coke and that even post-quickening abortion was never established as a common-law crime. This is of some importance because while most American courts ruled, in holding or dictum, that abortion of an unquickened fetus was not criminal under their received common law, others followed Coke in stating that abortion of a quick fetus was a "misprision," a term they translated to mean "misdemeanor." That their reliance on Coke on this aspect of the law was uncritical and, apparently in all the reported cases, dictum (due probably to the paucity of common-law prosecutions for post-quickening abortion), makes it now appear doubtful that abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.

In point 4, Justice Blackmun examines English statutory law – but I note only that the first English criminal abortion statute came in 1803. That statute made a distinction between pre-“quickening” (quickening being when the pregnant woman can feel the fetus moving) and post-quickening abortions.

The permitting of abortion until quickening, which Justice Blackmun indicates may have been a part of the received common law of the United States, is ultimately based on Christian teaching dating back to the time of Thomas Aquinas and Pope Innocent III. However, Justice Blackmun indicates that some early American cases that followed Sir Edward Coke’s treatise that erroneously indicated that post-quickening abortion was a “misprision, but not murder” put




“reliance on Coke on this aspect of the law was uncritical and, apparently in all the reported cases, dictum (due probably to the paucity of common-law prosecutions for post-quickening abortion), makes it now appear doubtful that abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.”

It’s clear that by the 13th Century, Roman Catholic teachings on abortion involved a retreat from the “birth and breath” concept. Even at the time, this did not have an effect on the concept that the human being becomes a person at “birth and breath.”

On the concept of “when life begins,” Justice Blackmun’s opinion in Roe v. Wade delves into many sources, including religious ones:



It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live birth. This was the belief of the Stoics. It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained; organized groups that have taken a formal position on the abortion issue have generally regarded abortion as a matter for the conscience of the individual and her family. As we have noted, the common law found greater significance in quickening. Physicians and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. The Aristotelian theory of "mediate animation," that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this "ensoulment" theory from those in the Church who would recognize the existence of life from the moment of conception. The latter is now, of course, the official belief of the Catholic Church. As one brief amicus discloses, this is a view strongly held by many non-Catholics as well, and by many physicians. Substantial problems for precise definition of this view are posed, however, by new embryological data that purport to indicate that conception is a "process" over time, rather than an event, and by new medical techniques such as menstrual extraction, the "morning-after" pill, implantation of embryos, artificial insemination, and even artificial wombs.


Blackmun continues with this:





In areas other than criminal abortion, the law has been reluctant to endorse any theory that life, as we recognize it, begins before live birth or to accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive. That rule has been changed in almost every jurisdiction. In most States, recovery is said to be permitted only if the fetus was viable, or at least quick, when the injuries were sustained, though few courts have squarely so held. In a recent development, generally opposed by the commentators, some States permit the parents of a stillborn child to maintain an action for wrongful death because of prenatal injuries. Such an action, however, would appear to be one to vindicate the parents' interest and is thus consistent with the view that the fetus, at most, represents only the potentiality of life. Similarly, unborn children have been recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense.

That may have been true in 1973, but there have been developments in some parts of the United States, perhaps inspired by Justice Blackmun's opinion, to legislate personhood as beginning with conception. Let's look at one recent state law that illustrates the absurdity of the idea.

In late February, the state of Utah passed a law that reportedly criminalizes "a woman's 'intentional, knowing, or reckless act' leading to a pregnancy's illegal termination. It specifies that a woman cannot be prosecuted for arranging a legal abortion."

On news article went on to state:





Some Senate Democrats attempted a last-minute amendment to remove the word
"reckless" from the list of criminal acts leading to miscarriage.
The ACLU of Utah sent a letter in the attempt to convince the Governor to veto:

http://www.acluutah.org/HB12VetoLetter.pdf

The actual bill text, as enrolled (passed) is at:

http://le.utah.gov/~2010/bills/hbillenr/hb0012.htm

There is some convolution, including at least one double negative, in the bill (not put in quotes here to preserve the line numbers):

68 (3) A person is not guilty of criminal homicide of an unborn child if the sole reason
69 for the death of the unborn child is that the person:
70 (a) refused to consent to:
71 (i) medical treatment; or
72 (ii) a cesarean section; or
73 (b) failed to follow medical advice.
74 (4) A woman is not guilty of criminal homicide of her own unborn child if the death of
75 her unborn child:
76 (a) is caused by a criminally negligent act of the woman; and
77 (b) is not caused by an intentional, knowing, or reckless act of the woman.

So, to eliminate the double negative, let's rephrase 4, option b:





(4) A woman is guilty of criminal homicide if the death of her unborn child: (b)
is caused by an intentional, knowing or reckless act of the woman.

There is an "or" in there - so a "reckless" act might be one that is unintentional, or one that without any knowledge that the act is reckless. All that would be necessary would be for a court to determine that whatever it is that the women has done that is deemed to be the cause of fetal "death" - courts might presume that any act of a woman that could result in the "death" of a fetus would be by definition "reckless" if it results in the "death" of a fetus. Perhaps the only situation that might allow an escape from conviction would be if someone else's act caused the fetal "death" and the woman did not put herself in harm's way in any way. If she stupidly walks down a dark alley at night and gets mugged, and has a miscarriage because of that unintentional, unknowing, but potentially reckless act of walking into that alley, she could be held criminally liable.

It will depend on what is meant by "reckless." My thought on this is that the mens rea standard of "reckless" requires only an attitude of "I don't care what the result might be."

The mugging example could be determined to be reckless.

The following acts, if they result in the "death" of her fetus?

Drinking while pregnant? Reckless.

Taking illegal drugs while pregnant? Reckless.

Driving while pregnant? Maybe not.

Speeding while pregnant? Reckless, as far as harming or causing the death of a fetus. The speeding in and of itself may or may not be inntional or unknowing as well.

Disobeying traffic laws or driving in a negligent manner, causing a traffic accident? Reckless.

The law here is scary for a lot of reasons, but perhaps the scariest reason is the inclusion of "reckless" as a part of the standard, and the principal sponsor's reckless disregard for the concerns of those few Democrats who sought to have the word removed.

While the bill excludes "failing to follow medical advice" it remains to be seen what may fall under the umbra of "reckless."

Utah legislators seem to be comfortable with the idea of elevating the rights of fetuses to new heights, as long as the law adversely affects only women, or reduces pregnant women to the status of criminally responsible baby machines.

If women are ultimately to be reduced to chattel property in Utah and stripped of their rights as citizens and human beings, the Utah legislature might at some time in their dystopian future seriously consider amending the law so that the man who is legally in charge of the woman as property - her husband, father (grandfather or uncle), eldest son, or nearest male relative, would be held criminally responsible for allowing such an "intentional, knowing or reckless" act to take place. Why not? In their world, women would be reduced to the status of incompetents in most other ways, so that perhaps criminal responsibility should be transferred to their owners.

--- NOTE: The word "death" is in quotes as it relates to a fetus because a fetus does not have a life independent of the pregnant woman, and until birth and taking a first breath, is not a human being, regardless of Utah law. In Utah, one becomes a human being at the point at which the fertilized ovum is implanted in in the uterine lining - which insanity results in laws like this as their logical progression.

From the Wikipedia entry on "reckless" as used as a legal standard:

Black's Law Dictionary defines recklessness in American law as "Conduct whereby the actor does not desire harmful consequence but...foresees the possibility and consciously takes the risk," or alternatively as "a state of mind in which a person does not care about the consequences of his or her actions." Black's Law dictionary 1053 (Bryan A. Garner ed., 8th ed. abr. 2005). In American courts, a wrongdoer who recklessly causes harm can be held to the same liability as a person who intentionally does so.

In my above analysis, I made use of the alternative definition.

The reason for this is that the in phraseology "intentional, knowing, or reckless" it would appear that "knowing" would include within its ambit the first definition from Black's. All of this would be subject to the definitional usage in the courts of the State of Utah.

Still, some jurisdictions that are in the grip of reactionary right wing religionists have begun to hange their definition of when a human personhood begins – abandoning the time-honored and scripturally-based “birth and breath” doctrine. Down the road. If laws like these catch on, there will be major changes in the way the laws of descent, distribution and inheritance are interpreted. Birthdays may be abandoned in favor of conception days, and people will (in most cases) all get 9 months older. Absurd, but the logical consequence of the Utah law and the Roman Catholic Magisterium’s teachings.

The doctrine that life begins at birth and breath was firmly established under the common law – and that establishment is based largely on the biblical soul as “breath of life” doctrine. The distinction between legal doctrines that hold that life begins at birth and breath, and legal doctrines that criminalized abortion as a crime (in violation of the woman’s constitutional rights as a person, are more likely to be based on misogyny than anything else – the idea that an abortion denies the party who provided the sperm of any rights to the potential child.

Now, returning to the point – the Roman Church’s current doctrine on things like abortion and artificial birth control have changed over time. The current teachings are based on the July 25, 1958 encyclical of Pope Paul VI, Humanae Vitae.

Paul VI makes it clear that Catholics cannot deny that the Church is





“competent in her magisterium to interpret the natural moral law.”
Mary Kochan certainly concurs in this view, though the feelings of many Catholics with regard to the magisterium’s teachings on numerous issues has eroded greatly since 1968. Way before I was tossed out of the Church, I had become a “cafeteria Catholic” with regard to Church teachings I felt were at best wrong, and at worst, immoral.

In Humanae Vitae, Pope Paul VI wrote:





"With regard to man's innate drives and emotions, responsible parenthood means that man's reason and will must exert control over them."
It appears that the pope was not mindful of 1 Cor. 7:8-9, where St. Paul proclaims that marriage is reserved for those who cannot control their passions and remain celibate. The degree of self control the Pope expected of married lay people certainly went beyond the capacity of many married lay people.

Thankfully, the pope left at least a recourse to “lawful therapeutic means,” which allows for “impediments to procreation” if necessary to cure bodily diseases. This reasoning has also been available to Catholic moralists for justification for removal of an ectopic pregnancy.

The Congregation for the Doctrine of the Faith addressed abortion in its Declaration on Procured Abortion, promulgated November 18, 1974. In this document, the Congregation rewrites the history of the Church’s position on abortion, though it acknowledged that, “It is true that in the Middle Ages, when the opinion was generally held that the spiritual soul was not present until after the first few weeks, a distinction was made in the evaluation of the sin and the gravity of penal sanctions.”





The Second Vatican Council found that Life must be safeguarded with extreme care
from conception; abortion and infanticide are abominable crimes. Gaudium et
spes
," 51. Cf. 27 (AAS 58 [1966], p. 1072; cf. 1047).

Of course, references to the writings of 19th and 20th century popes seems to reflect the changes in thinking about abortion that were reflected in the common Western culture of the times. While secular society has recovered from this, the Church has only dug in deeper.

The Congregation, in considering human life before birth and breath to be the same as human life after birth, made a grave error. Abortion was never deemed to be murder, even when it was a felony, even after quickening. The crime was rooted in the idea of the property rights of the party that provided the sperm.

The Congregation confused the blueprint with the home. The Congregation confuses the house under construction with the home, stating:




“From the time that the ovum is fertilized, a life is begun which is neither that of the father nor of the mother, it is rather the life of a new human being with his own growth. It would never be made human if it were not human already.”
The human person becomes a person at birth, when God breathes life into the infant. Sacred scripture is clear on that, even if medieval thinking made an issue over “quickening” and 19th century legislators were focused on male property rights and sometimes the danger of the surgical procedures of the time, which were often a threat to the woman.

The Congregation claimed to base its thinking on science, and yet ignored the science that Justice Blackmun struggled with, when he sought to extend a “state interest” in the potential life, in which he analyzed the fetal potential for breathing during the 3rd trimester. Science also understands that there is insufficient myelinization within the brain until the 3rd trimester, for a claim to “brain life.”

Having drawn itself into a corner by misunderstanding the science and confusing the home with the blueprint, the Congregation took a draconian position against the lives and health of women who would be affected:





“The gravity of the problem comes from the fact that in certain cases, perhaps in quite a considerable number of cases, by denying abortion one endangers important values to which it is normal to attach great value, and which may sometimes even seem to have priority.”
Endangered values? Such as the life and health of a woman who is already certifiably alive, breathing and has a soul? The Congregation exhibits a callous disregard for a female human life in being, by trumping up the portion of the continuum of life that involves the construction of the human body for the soul to enter, and placing that portion of the human existence on an equal plane with a human life already in personhood.

Chillingly, the Congregation writes:




“We do not deny these very great difficulties. It may be a serious question of health, sometimes of life or death, for the mother; it may be the burden represented by an additional child, especially if there are good reasons to fear that the child will be abnormal or retarded; it may be the importance attributed in different classes of society to considerations of honor or dishonor, of loss of social standing, and so forth. We proclaim only that none of these reasons can ever objectively confer the right to dispose of another's life, even when that life is only beginning.”

Unfortunately, the magisterium’s irresponsible disregard for the lives and health of women, in favor of fetuses that have not yet received the breath of life, flies in the face of scriptural authority. What makes it easier for the Congregation to so cavalierly treat women, is the fact that not one of them is capable of getting pregnant. It has been said that if men could ge pregnant, abortion would be a sacrament.

The evolution of magisterial teaching on the subject of abortion and on ensoulment cannot be hidden by de-emphasizing the teachings of the past. The invocation of science without a scientific basis, as a justification for teaching that a human being is a person from conception, or that the soul is infused before birth and breath (as found in scripture), with the “incarnational aspect” that Mary refers to, found in the Sacrament of Baptism.

The Church’s confusion of the blueprint with the home, and even the foundation and framing with the home, does not justify ignoring the foundational scriptural authority.

From the 13th century, Aquinas, Innocent III and others, propounded a doctrine of “mediate animation” – by taking the perception of fetal movement into consideration, the idea of prohibiting abortion thereafter was a huge leap from the scriptural birth and breath. We do note that this “mediate animation” idea was not used in the secular law to change the understanding that a human becomes a person at “birth and breath,” only to decide the point at which abortion would become considered a gravely sinful act.

The perceptions of the 19th and early 20th century lawmakers and the culture of the times dictated unfair treatment of women in favor of the rights of the providers of sperm, with perhaps some mind being paid to the risks of surgical abortion. Yet when secular society became more enlightened on the issue of women's human rights, the Church decided to intrude on the secular law, and retreat from real science in favor of pseudo-science. Once basing its stand on erroneous principles, the conclusions that proceed are like a house built on loose sand and not on a firm foundation, magisterium or no magisterium.

Vatican II was the Church's brief encounter with the Modern World, a world from whose reality the Church has been retreating ever since.

When the Church further intrudes its doctrine of sin into the secular world, where society has in many places become more civilized in the treatment of women’s reproductive rights, the Church has transformed itself into a powerful force for evil.

While I do respect the right of the Roman Catholic Church to bind the faithful to follow its teachings at the peril of excommunication, I do not respect the Church’s unwarranted intrusion into secular matters, by its opposition to laws protecting women and their rights against the intrusion of those who would enslave them or treat them as human beings whose lives are subordinate to lives not yet in being. Having shaken their dust from my sandals, It is a wonder why I care so much to comment and point out the Church's failings - perhaps I wish to inspire it to reform.

We hope to have more to write based on Mary’s two part essay, but this essay has become overly long already. My final conclusion today is that the concept that “the task of authoritative interpretation belonged to the Magisterium of the Catholic Church” relates solely in relation to the spiritual guidance of the faithful, and where that “authoritative interpretation” flies in the face of science, reason and the reasonable beliefs of those who disagree with the Magisterium, the Church has no business dictating to Caesar.

With that in mind, and from the perspective of a transsexual woman who has rejected the immoral teachings of the Magisterium in other ways, I hope to address more of Mary’s writing in my next essay.

Sunday, August 22, 2010

Catholic "Leaders' Lie about Prop 8 Ruling

After reading the press release from the out-of-control United States Conference of Catholic Bishops over the recent federal court decision striking down California’s Proposition 8 as unconstitutional (see the press release at: http://www.usccb.org/comm/archives/2010/10-145.shtml ), I figured it’s time for yet another rational analysis of yet another irrational outburst from the Roman Catholic hierarchy.

Unfortunately, there doesn’t appear to be a new official document from the USCCB, so I’ll have to resort to working over the coverage from Catholic News Service, (see the article at: http://www.cnsnews.com/news/article/71235) which includes quotes from inane conservative Catholic lay leaders as well as members of the hierarchy – so here goes:

Catholic Leaders Refute Judge’s Ruling Overturning Proposition 8
Wednesday, August 18, 2010
By Jane McGrath

--

JP: The headline is pretty much proof is just how delusional the Roman Catholic leaders, and the headline-writer, really are. Refute, indeed!

--

(CNSNews.com) -- Catholic leaders refuted. . .
--

JP: Refuted? Really?
--

. . . Judge Vaughn Walker’s ruling earlier this month that California must stop enforcing Proposition 8, which defines marriage as between a man and a woman, and which blames religious institutions’ beliefs, including those of the Catholic Church, for harming homosexuals and lesbians.

Cardinal Francis George, head of the U.S. Conference of Catholic Bishops (USCCB), rejected Walker’s claims, stating that “no court of civil law has the authority to reach
into areas of human experience that nature itself has defined.”

--

JP: By hewing blindly to Roman Catholic hierarchy’s interpretations of teachings as they relate to human rights for cisgender and non-heterosexual and people, Cardinal George obviously does not have an inkling about nature as it applies to human beings or other creatures. People like me are by our natures different. When Cardinal George limits “nature” to the nature of cissexual heterosexual people, and ignores the small minority of people who were created by God to be different, he loses sight of the truth and condemns himself to being numbered among the goats on the Day of Judgment.

As to the authority of the courts, the federal courts do have the authority, duty and responsibility to interpret the Constitution, federal laws, and the federal constitutionality of state laws. There is nothing that Cardinal George can say that changes the fact that the trial court ruling in this matter is a masterful exercise of judicial analysis of the issues presented before the court. If Cardinal George were to read the trial transcript, and if Cardinal George applied right reason to the reading, he would be unable to conclude any differently from the judge. But Cardinal George apparently lives in an alternate universe, where black it white and Truth can be any old lie.

--
The Aug. 4 ruling, which the 9th U.S. Circuit Court of Appeals put an emergency stay on this week, stated that, “Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.”

This finding cited, among other things, the Vatican’s Congregation for the Doctrine of Faith’s Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons.
--

JP: And, of course, I have already completely skewered the Vatican document, back on my od geocities site. Perhaps Cardinal George should read my commentary before he relies on the Vatican document in the future. It can robably be found using the Wayback machine . . .

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When asked for comment on the judge’s ruling, Sr. Mary Ann Walsh, spokeswoman for the United States Conference of Catholic Bishops (USCCB), said in an e-mail to CNSNews.com that, “Judge Walker, in his decision, backed his bigotry with errors, including the misstatement that the ‘Catholic Church views homosexuality as sinful.’ The fact is, the Catholic Church sees homosexuality as a condition, an inclination in a person, something not intrinsically sinful.”
--

JP: Sister Mary Ann is technically correct, here, and in the below paragraph, as it relates to Catholic teaching. But beyond that, she ends up falling into the same errors as the hierarchy.

--

“The church calls for pastoral support, not condemnation, for people with this inclination,” said Sister Walsh. “The Catholic Church makes clear that it is homosexual activities it deems sinful, because it holds that all sexual activity belongs within marriage between a man and a woman.”
--

JP: Sister Mary Ann, the Church’s “clarity” about deeming “homosexual activity” to be sinful is perfectly fine if it were kept within the confines of addressing the Roman Catholic faithful. But the Church claims that its teachings in this area, which are completely wrong, must be applied universally.

--

Sr. Mary Ann defended the Church against the judge’s claim that its religious teachings “harm” gays and lesbians, saying, “the Catholic Church opposes all unjust discrimination against gays and lesbians and abhors violence against them.”
--
JP: Sister Mary Ann, that is a lie - The Catechism may provide this, but the hierarchy's actions misapply the teaching. It is unjust to deny civil marriage and the bundles of legal rights that appertain to civil marriage, to those who because of their natural sexual orientation have a desire to pursue legal family formation with a person of the same sex. Denying the right is clearly violative of the federal constitution, because there truly is no *rational* basis for giving special rights to heterosexual people just because theya re in the majority.

--

But, admitting that anti-gay bigots exist, she added, “bigoted people are an unfortunate result but not a reason to upend the U.S. Constitution.”
--
JP: Sister Mary Ann doesn’t understand that the U.S. Constitution is not being “upended,” but rather that it is being properly interpreted by the court.
--

Fr. Francis de Rosa, parochial administrator of two parishes in Virginia, responded to the judge’s ruling in an e-mail to CNSNews.com. “We are not opposed
to the human rights of someone with same-sex attraction,” he wrote. “Rather, we assert that there is no such thing as a special category of ‘gay’ rights. Why? Because homosexuality is a pyscho-sexual disorder that harms the person and society.”
--

JP: Father Francis! Homosexuality was at one time considered a psychiatric disorder by the American Psychiatric Association. That position was changed in 1973. Science does not support your sadly misinformed statement. We have come to the realization that considering people to be mentally disordered solely because their nature is different from that of the majority is a mistake.

We are increasingly coming to the realization that it’s much more rational to consider Roman Catholicism to be “a psychosexual and moral delusional disorder that harms the person and society.” Look, the Assumption and the Resurrection, and a lot of other Catholic teachings, are harmlessly delusional. But many of the Church’s “moral” pronouncements, particularly those that relate to the treatment of women, of gays, of transsexual people, are harmful to society, as well as to the individuals that the Church continues to mercilessly persecute.

While I would hesitate to call all religion harmful, there is much harm that is done in the name of religion. Jesus Christ was a great teacher, as was Buddha, and there were others. But it’s a harmless delusion to elevate Jesus into godhood. I have no problem with many aspects of the Roman Catholic delusion – it’s just when the Church crosses the line in ways that adversely affect other people, that the delusion becomes harmful.

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“Condoning such behavior and encouraging people to engage in it by the passage of permissive and protective laws does the real harm, not the position that warns people of the destructive consequences and nature of homosexual acts,” wrote Fr. De Rosa.
--

JP: Father Francis! You should take inspiration from your namesake, Francis Bernardone! Equal justice under the law is a human right, and there is nothing destructive about people who are by their nature same-sex-oriented acting on their orientation. I’ll grant that when heterosexual people “commit homosexual acts” you may have a point – but that is just as destructive as homosexual people “committing heterosexual acts.” The lucky bisexuals are the only ones who can go either way without being self-destructive.
--

The judge’s ruling concluded that “moral disapproval alone” was an “improper basis on which to deny rights to gay men and lesbians.”
--
JP: The judge was being polite. “Moral disapproval” of equal rights for non-heterosexual and non-cissexual people is itself immoral! But the judge is not the moral police, but the constitutional police.

--

William Donahue, president of the Catholic League, told CNSNews.com: “Law is only the imposition of morality. That the law requires you to wear seatbelts is the imposition of morality, but this is a bogus argument to suggest that one side is imposing morality and the other side is not.”
--

JP: My dear Bill! Law is, in some situations, an imposition of a morality. But not all laws are moral laws. It is not immoral to drive through a red light at 2 AM when there is no other traffic around. It is, however an illegal activity that would merit a traffic citation if there is an alert police officer in the vicinity who hasn’t met the monthly ticket quota!

The seatbelt law is not a moral law! It is not an imposition of morality, it’s a mere governmental regulation – one that actually interferes with the moral judgment that each adult should be allowed. Of course, a seatbelt/carseat law aimed at protecting children does have a moral value. Society has an interest in protecting children.
--

Judge Walker also wrote in his decision that, “In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples.”

Walker continued, “Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate.”
--

JP: Okay, what’s wrong with Judge Walker’s ruling? Nothing. It’s the right ruling.

--

In response to Judge Walker’s statement that, “A state’s interest in an enactment must of course be secular in nature,” Donahue said that the state does indeed have an invested, secular interest in upholding traditional marriage.
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JP: Wrong, Bill! As a matter of fact, the testimony from the opposition’s own experts showed that your conclusion is wrong!

--



The traditional family is the anchor of society and teaches children citizenship, said Donahue. “All the psychological data show that children need a father and a mother.”
--

JP: Studies have actually shown that children do even better with two mothers. But let’s not rush into pushing a form of plural marriage where there is a second wife to help raise children, or pushing heterosexual couples into divorce so that the wives/mothers can find a female spouse.

There is nothing about having a father as a male role model that can’t be filled by another male figure in a child’s life.

--


Other Catholic clergy have made public statements disapproving of Judge Walker’s decision. Calling heterosexual marriage “the bedrock of any society,” . . .
--

JP: No one is disputing that heterosexual marriage is a bedrock of society – the question is whether it is fair to limit marriage to heterosexual people. And the answer is that it is indeed unfair.

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. . . Cardinal Francis George said, “It is tragic that a federal judge would overturn the clear and expressed will of the people in their support for the institution of marriage. No court of civil law has the authority to reach into areas of human experience that nature itself has defined.”
--

JP: Cardinal George, as I wrote already, does not have a grasp of nature, natural law, or morality. And the first sentence in this quote is the Cardinal’s endorsement of what deTocqueville called “the tyranny of the majority.” In a system that prizes individual human rights, the use of the ballot box by a majority to impose its will to unjustly discriminate against a minority is one of the ultimate moral corruptions. Had the people of California voted to abolish marriage for everyone, it might have been a stupid decision, but at least it would have been fair. But to abolish marriage for just those who have a same-sex orientation was unfair, immoral, and in the court’s just analysis, unconstitutional. Freedom of religion allows Cardinal George to use his Roman Catholic Church’s delusional teachings to refuse to sacramentally celebrate a same-sex marriage in a church or cathedral, but it does not permit Cardinal George to discriminate against married same-sex couples in the public square. The Contitutional protection of religious freedom has limits, and Cardinal George is not free to impose his religious beliefs on me, just as I am not allowed to force him to accept that “God is One” as I maintain as a Unitarian, or that “God is in all” as I maintain as a Universalist. I’m no longer a Trinitarian, and while I have abandoned that belief in favor of something else, I still support the Cardinal’s right to maintain it.

--


And Archbishop Joseph Kurtz, who chairs the USCCB Ad Hoc Committee for the
Defense of Marriage,
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JP: That title is, of course, a joke. All this blather about “Defense of Marriage” is merely a code for being an “Assault on Marriage.” Archbishop Joe favors assaulting marriage equality.

--


. . . joined Cardinal George in his statement and added, “Citizens of this nation have uniformly voted to uphold the understanding of marriage as a union of one man and one woman in every jurisdiction where the issue has been on the ballot.”
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JP: See my comments above about the immorality of the tyranny of the majority, when it is used to impose the majority’s will on the human rights of the minority. Even the majority is not entitled to vote itself special rights.
--


The archbishop also said, “Marriage is more fundamental and essential to the well being of society than perhaps any other institution. It is simply unimaginable that the court could now claim a conflict between marriage and the Constitution.”
--

JP: Archbishop Joe is even more of an ass than I thought from his first tidbit. I agree, it is “simply unimaginable that the court could now claim a conflict between marriage and the Constitution” But that’s not what the court ruled, Archbishop. Are you capable of reading ane understanding the English language? The court held that marriage should be available on a gender-neutral basis, and that the Constitution demands that the majority is not entitled to special rights. Nothing at all is being taken away from the heterosexual majority’s right to enter into a marriage and raise children, except the exclusivity of the relationship to the cissexist heterosexist majority

--


Supporters of Proposition 8 cite that voters have upheld traditional marriage in all of the more than 30 opportunities to vote on it throughout the United States. . . .

--

JP: The ruling does not prohibit “traditional marriage.” It’s not as if the judge took away the right of marriage to straights to give it to gays – but these “supporters,” who actually oppose marriage equality, act as if that was in fact what was done. Perhaps they should pay some more attention to reality, rather than their supersititous delusions.

--


. . . However, Judge Walker wrote in his ruling that without “some support in
evidence,” voters’ “conjecture, speculation and fears are not enough.”

He continued, “Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters or their representatives.”

Fr. de
Rosa, also addressed this, saying, “Vaughn Walker’s ruling asserts that the Catholic argument against homosexual acts is without a ‘rational basis,’ yet that teaching is not based solely upon principles of faith. It is certainly possible to argue from pure reason that it is against the nature of the human person to engage in homosexuality.”
--

JP: Father Francis is completely wrong! I’ve already addressed this issue in my commentary on the Manhattan Declaration. Robby George’s arguments on natural law do not hold water, and Father Francis can argue until he is blue in the face, but he can’t deny the reality of nature and come across as being truthful. The only nature Father Francis seems to understand, may be seen through an Aristotelian lens – perhaps he should look closer.

--


“One very obvious point is the manifest lack of bodily and sexual complementarity in homosexual acts,” said Fr. De Rosa. “Furthermore, there is plenty of clinical psychological data to show that same-sex attraction is the result of a developmental disorder. Were one to make an argument from the theory of evolution, homosexuality is most certainly an inferior, dead-end phenomenon.”
--

JP: Bodily and sexual complementarity? That’s seemingly a code that indicates that homosexual activity does not result in pregnancy. So? No one is suggesting that everyone should be gay. When over 90% of the population, including many who are totally unfit to be parents, can engage in the “sexual complementarity” that makes babies, there’s no need to insist that the rest of humanity engage in the same acts. God wouldn’t have created people to be different otherwise. In fact, nature points out numerous reasons for homosexuality existing in a natural setting. As long as it is not exclusive, the species is likely to continue to propagate, perhaps excessively.

--


Bishop Jaime Soto of the Diocese of Sacramento has also weighed in on the issue. He decried the “hysteria” that, he says, “has, unfortunately, become the hallmark of California discourse. … It is important for the Catholic community and all Californians of good will not to be intimidated into silence and accommodation.”
--

JP: Now, in this snippet above, Bishop Jaime starts to sound pretty good – but what else does he have to say?

--


In 2003, the Congregation for the Doctrine of the Faith, then-headed by Cardinal Joseph Ratzinger, now Pope Benedict XVI, issued a letter on homosexual unions that was cited by Judge Walker as harmful to the social progress of homosexuals. The letter, in part, states, “No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman” who “mutually perfect each other, in order to cooperate with God in the procreation and upbringing of new human lives.”
--

JP: I don’t need an ideology to refute the Congregation. In fact, I’ve skewered Joe Ratzinger’s reasoning in *that* document rather effectively, too. If all the documents the Catholic Church relies on are the result of defective reasoning, what does that say about the conclusions? To persist in these wrong-headed teachings is delusional – and to insist that these be the basis for civil law is beyond reason.

--


“Homosexual unions are totally lacking in the biological and anthropological elements of marriage and family which would be the basis, on the level of reason, for granting them legal recognition,” states the letter. “Such unions are not able to contribute in a proper way to the procreation and survival of the human race. … Society owes its continued survival to the family, founded on marriage. … If, from the legal standpoint, marriage between a man and a woman were to be considered just one possible for of marriage, the concept of marriage would undergo a radical transformation, with grave detriment to the common good.”
--

JP: The reasoning was wrong in 2003, and its still wrong in 2010.

--


Proposition 8 was passed after a fierce political battle in California in 2008. Although Judge Walker’s ruling, handed down earlier this month, had been scheduled to go into effect on Wednesday, Aug. 18, an emergency stay was imposed by the 9th U.S. Circuit Court of Appeals on Monday. The Associated Press reported that oral arguments begin in the appeals court on Dec. 6.
--

JP: I sincerely hope that the 9th Circuit comes out with a just ruling! It's entirely possible that the appellants lack standing to appeal. In that case, the ruling will apply ony in California - if the 9th Circuit decides on the merits, several other states will be affected - and if the Supreme Court of the United States gets the opportunity to rule on the merits, and does so with a proper constitutional interpretation, the ruling would apply nationally!

That won't stop the opponents of justice, equality and fairness. They are likely to continue raving their delusions, the way they already do about women's reproductive rights.

Saturday, May 16, 2009

Chuckie Colson, Still Obstructing Justice

Chuck Colson, former chief counsel to President Richard Nixon, is perhaps best known for pleading guilty to obstruction of justice by creating an environment in which the Pentagon Papers defendant Daniel Ellsberg’s chances for a fair trial were damaged. He was also reputed to be deeply involved in the Watergate scandal, but was never charged or tried for this.

While working for Nixon, Chuckie believed his value was based on his willingness, in his own words, “to be ruthless in getting things done" – essentially a belief that an evil end justifies an evil means.

After spending time in prison, Chuck organized a not-for-profit organization devoted to prison ministry, and has a daily radio broadcast. The organization, Prison Fellowship, is based on the idea that the basis for every criminal act is a destructive decision.

Despite this central message, and seven months imprisonment for his own admitted crime, Chuck doesn’t seem to have learned the lesson of the destructive decisions that led to criminal behavior. He still seems to be devoted to obstructing justice, but now his prey is the LGBT community.

As a case in point, we have Chuck, who was trained as an attorney, seeming to show a complete and total ignorance of the First Amendment to the U.S Constitution, and the religious freedom it protects, in a column entitled “Gay Activists and Religious Freedom.”

Chuck starts by mentioning the New Jersey settlement by which Neil Clark Warren’s eHarmony dating and matchmaking website agreed to stop discriminating against gay and lesbian participants.

Colson believes that the settlement forced Warren to act against his “sincerely held religious convictions.”

This is, of course, not true. Warren runs a dating website that is not limited to people who belong to a particular religion. If, for example, Warren was a member of the Church of God the Creator (the religion for members of the KKK), which has no non-white members, he could market a private club dating service limited to members of the religion, who are all white, without running afoul of racial discrimination laws. But the moment the service is open to the public, then the state laws about racial discrimination become an issue – and African Americans should be able to use the service.

It’s the same thing with the gay issue – Warren’s website service does not limit itself to members of a particular religion, so if he is marketing the service to the public, he can’t legally discriminate against blacks, or gays.

Colson thinks that these laws adversely affect the rights of Christians (though Colson is not Christian, he’s a Christianist), Catholics, and Orthodix Jews with businesses in the public square.

Colson writes:

“It’s as if the First Amendment no longer exists. I can’t help but suspect that radical gays deliberately target outfits run by religious believers in order to force them to accommodate their political agenda—or go out of business.”

Can you imagine? The first thing is that religious believers should learn to avoid situations and businesses that could compromise their “sincerely-held religious beliefs.” People should not be in a business aimed at the general public if their religious beliefs require them to discriminate against minorities. Warren’s eHarmony business is lucrative – if he were to limit it to certified born-again-Christians, he would not be making the money he does (and he’d still run the risk of running into gay evangelical Christians – they do exist).

The First Amendment says, in its entirety:


“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”


The right to one’s deeply-held religious beliefs is guaranteed – but there is no concomitant right that one may act to harm others by the exercise of these beliefs.

If the government were to support one religious belief, against marriage equality, it would be “establishing religion,” and denying the religious freedom of those who believe in marriage equality. Chuckie believes quite sincerely that the only people who are entiled to freedom of religion are Chuckie and people who believe the way he does.

True fundamentalist Christianists believe that it’s appropriate to stone to death gays and adulterers. They would love to act as fundamentalist Islamists do in countries where Shariah religious law holds sway, such as Iran and Iraq, where gays and adulterers are routinely executed at the behest of the mullahs.

Chuck apparently wishes to join with James Dobson and other Christianists, to oppose the passage of the Matthew Shepard Act because it impinges on the religious freedom of funadamentalist ministers to call on their flocks to stone gays to death.

Colson writes:

“The issue is critical. We all must learn how to answer the charge of “bigotry,” and winsomely explain why marriage cannot exist between same-sex couples; and how same-sex “marriage” will not broaden marriage, but radically and dangerously change its nature."




It is simply amazing that Chuckie can take Christianity and pervert it to support his personal bigotry, just as James Dobson, Maggie Gallagher and their ilk in the Christianist community seem to do. He asks that his followers learn how to lie, “winsomely explaining” the things they twist.

Colson’s May 12th column, “Same Sex Marriage and Religious Liberty, Why They Can’t Co-Exist” goes through the usual lies used by the National Organization for Marriage and the other perverted Christianist Organizations. These are the lies Colson wants his followers to spread in support of their bigotry - pretty much the same ones in the "Gathering Storm" ad.

Lesbians using the oceanfront Pavilion at a New Jersey Methodist Camp. The Methodist camp got its tax exemption based on the pavilion being open to public use. The tax exemption was lost, not because of “gay marriage” but because lesbians are part of the “public” and the pavilion had been used for similar purposes by non-Methodists. Parts of the camp still have tax exemptions because they are for religious purposes. This had nothing to do with marriage and everything to do with the pavilion being open to the general public.

Christianist Physician refusing in vitro fertilization for lesbian. Sorry, there is no excuse for a physician licensed by the state to discriminate against patients based on who they are. This doctor performs in vitro fertilization for a living – discrimination isn’t appropriate here. If the doctor has “sincere religious beliefs” she should have become a fundamentalist minister. Like the other cases, this wasn’t about marriage equality, it was because the services were offered to the general public, and the profession is licensed by the government.

Catholic Charities in Massachusetts stopping its adoption service. The only reason was that state taxpayer subsidy money was withheld because of the discrimination. The Church of Jesus Christ of Latter Day Saints still runs an adoption agency in Massachusetts using its own funds and limiting clientele to straight Mormons. Again, this has nothing to do with marriage equality and everything to do with unlawful discrimination, this time with taxpayer money..

The firing of the mental health counselor in Mississippi is more the result of the application of ordinary employment law principles, not “gay marriage.”

The Yeshiva University medical college housing case had to do with campus housing, not marriage – and the same “non-discrimination laws.” If the university was open solely to Orthodox Jews, it might have been a different story.

And it goes on . . .

Chuck quotes Maggie Gallagher, that paragon of perversity: “As marriage expert Maggie Gallagher puts it, same-sex “marriage” advocates claim that religious faith “itself is a form of bigotry.””

But Chuck, it isn’t religious belief that is a form of bigotry, it’s bigotry cloaked in the trappings of religious belief that is still bigotry, despite the illusion of "faith."

I can and have gone on in several of my blog posts to show that the Bible doesn’t support the Christianist antipathy for gays and lesbians. The Christianists are still entitled to their bigoted beliefs – but they should not be allowed to use them to harm others.

No one is going to force Chuck or Maggie to believe that homosexuality is a moral good. No one is going to force Chuck to marry a man, or Maggie to marry a woman. No one is going to force them to date black people either, or marry them – but if they own a restaurant, they’d have to seat and serve both the black and the gay customer, regardless of their personal “religious” bigotry.

Chuck, you’re still obstructing justice – will you ever learn your lesson?

I do pray that you do - before you, too, will find yourself numbered among the goats on the day of Judgment.

Monday, February 16, 2009

Marriage Equality in the Year of St. Paul

Until June 29, 2009, the Roman Catholic Church is celebrating a special jubilee year dedicated to commemorate the approximate 2000 years since the birth of St. Paul the Apostle.

In honor of St. Paul, let’s start this essay as a meditation on his writings on the issue of the purpose of marriage, expressed in 1 Corinthians 7:8-9:


8 Now to the unmarried and the widows I say: It is good for them to stay unmarried, as I am.

9 But if they cannot control themselves, they should marry, for it is better to marry than to burn with passion.


In addition to this passage from St. Paul, let’s take a look at the recent reports coming from the Roman Catholic Diocese of Raleigh, North Carolina, reported in an article in The Raleigh News and Observer on Sunday, February 15, 2009, entitled Push is on for same-sex celibacy: Raleigh diocese directs ministry at gays, lesbians

I learned about this from a blog essay written by Pam Spaulding, the proprietress of the Pam’s House Blend blog (a blog I highly endorse for its well-written essays), entitled Raleigh, Charlotte dioceses pushing same-sex celibacy, NC marriage amendment

Now that I’ve identified the sources of the reportage, let’s get to meat of the reports.

It seems that the Diocese of Raleigh is embarking on two initiatives related to marriage:

First, the Raleigh diocese is organizing a diocesan chapter of Courage, a group that encourages gay Catholics toward a celibate life, and

Second, the Bishop of Raleigh is planning on joining with the Bishop of Charlotte (also in North Carolina) on February 24, 2009 to endorse a proposed amendment to the North Carolina state constitution to define marriage solely as the union of one man and one woman, to enshrine in the state constitution a ban against equal marriage rights for non-heterosexual people.

I actually don’t object to the bishop starting up a Courage chapter – but I believe that Courage itself is too limited in its scope. It should be aimed at all unmarried Catholics, and not just those with a homosexual orientation. The reason is very much associated with 1 Corinthians 7:8-9.


While I would welcome an expanded Courage aimed at all sexual orientations, I strongly object to the bishops in North Carolina on the one hand trying to discourage promiscuity only for gays by pushing celibacy on them (which works only for those few actually called to a celibate life), and at the same time encouraging the adoption of a constitutional anti-marriage amendment that would serve the opposite purpose, as a secular encouragement of promiscuity in the gay population.

I also disagree with the Roman Catholic hierarchy on its objection to the idea of marriage as a sacramental covenant that is not open to non-heterosexual people. Holy Matrimony as a sacrament should be open to non-heterosexual couples on the basis of the sacred marriage covenant entered into between David and Saul’s son Jonathan (see 1 Samuel 18).

Why do I take these points of view?

Simply because anyone who reads and understands the Bible properly must know that the Church (and all Christian leaders) should, like St. Paul, be teaching that the highest calling for all Christians is to celibacy, while marriage, even though a sacremant as well as a civil right, should be seen only as the last resort for those Christians whose libidos are such that they cannot remain celibate.

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy sets up those of them who cannot live a celibate life, and who, being unmarried *and* without an option to marry, cannot contain their sexual libidos, to a life the Church can in its gross immorality gleefully condemn as sinful.

(A preferable alternative and truly moral point of view is to understand that God does not require the impossible. If marriage is not a sacramental or secular possibility for gays and lesbians, any actions they take to assuage their libidinal feelings outside of marriage cannot be sinful – they have no option to marry, God does not require the impossible, and thus the Church cannot reasonably expect all gays and lesbians to be called to celibacy.)

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy also actually encourages them to enter into lives of promiscuity – by providing no moral alternative. It is a wonder that so many gays and lesbians are able to find a way to live non-promiscuous lives with long-term partners in informal or even legally recognized domestic partnerships, civil unions, and civil marriages. And wise governments, seeking societal stability, will find ways to encourage marriage as a choice for all. The Church, however, ignores this phenomenon and paints a picture of a “homosexual lifestyle” that is purely sybaritic, self-indulgent, decadent and promiscuous. It is this “lifestyle” that the Church creates as a straw man – as if the only alternative for the gay population is celibacy.

On the Raleigh diocese website, this promiscuous “gay lifestyle” is the main reason for the creation of Courage. The diocesan webpage starts with a quote from “Mark,” a Courage member:


“I thought I had the homosexuality under control. I'd been a Catholic for five years, went to daily Mass, prayed the rosary daily, went on one or two retreats a year, and volunteered at my parish. Yet, after a series of crises occurred, I once again became involved in addictive, homosexual behavior. So what happened?”

“Addictive homosexual behavior” is a code word for that straw man “promiscuous gay lifestyle.” I’m not about to deny that such a lifestyle actually exists – but I will deny that it is the only path taken by gay people.

The diocese goes on:


In a recent interview, Fr. Check talked about his experience in counseling those with SSA. “The problem of same-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was gay. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with SSA are happy is a myth, she says: “When my son is ‘acting out’ the SSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”


This whole line of reasoning is specious. That mother would have done herself and her son a lot more good had she gotten involved with her local P-FLAG ghapter. This whole straw man “SSA lifestyle” (SSA = same sex attraction) is not any different from an OSA lifestyle (where OSA means “opposite sex attraction.” Let’s see how much sense the foregoing makes if we make the substitution (and also, as the Church seems to do with SSA, make the same assumption about OSA, that it involves lots of wild promiscuous sex parties):


In a recent interview, Fr. Check talked about his experience in counseling those with OSA. “The problem of opposite-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was straight. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with OSA are happy is a myth, she says: “When my son is ‘acting out’ the OSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

Of course, if a person living a real promiscuous OSA lifestyle then turns to God, the Church might encourage that individual to settle down into a marriage, if he or she can’t remain celibate.

The Church presents no moral alternative to gays and lesbians – only the (impossible for most) idea of living a celibate life. And the treatment of “internalized homophobia” blames the homosexuality itself for the effects of what one might fairly refer to as a “culturally-induced stress disorder.”

Let’s take another look at the last of the originally-quoted paragraphs:

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”



This is turning the whole problem upside-down! The side effects come from the lack of self-acceptance found in those who feel conflicted between the false teachings they have been exposed to about their natural orientation, and their experience of the orientation itself. The struggles cease when the individual comes to the realization that the Church is wrong, and that the individual can be good and moral and loved by God even if they are gay and having a chaste gay relationship.

The Church finds itself in this conundrum, and is itself the cause of so much of the grief (though secular society and parents and family members must also share some of the blame), because its moral theology starts with false premises about natural law. When the Roman Catholic hierarchy insists that "homosexual acts" are sinful for those with a "homosexual inclination," the hierarchy relies on a false understanding of Natural Law. Homosexual acts are only sinful for those with a heterosexual inclination (they should read and understand Romans 1 with the insight that an "act in accordance with (one's) nature" is not an "act against Nature").

The Roman Catholic Church insists on celibacy as a test for a priestly vocation - to insist that all whose sexual orientation is not heterosexual must be celibate or sinful is a perversion of the message of scripture.

The hierarchy should take a closer look at St. Paul – and to the story of David and Jonathan.

It’s about time that the Roman Catholic Church re-examined its schizophrenic teachings about homosexuality – on the one hand, that gays be treated with respect, and on the other hand, that homosexual activity cannot be condoned.

Such a teaching flies in the face of St. Paul’s teaching – sure, in context, Paul was writing directly about heterosexual people – but the point is extendable to non-heterosexual people as well.

God does not expect the impossible. For those of any sexual orientation who are called to celibacy, God will provide sufficient (and efficacious, if they exercise their free will to do so) grace for them to be celibate. For those who cannot remain celibate because they burn with libidinous passion, regardless of their orientation, a legal, moral and sacramental path must be made available for them to be able to live chaste lives within a marital bond.

To that end, an organization like Courage should be open to all unmarried Catholics – who, straight or gay, should be strongly encouraged to remain virginal, chaste and celibate as their primary goal – and that only those Catholics (and all other Christians) whose souls burn with sexual desire that they cannot completely control should be allowed to marry. (Of course, for those who are not Christian at all, there would be no need for the secular law to address the idea of celibacy as a calling – secular law should permit equal marriage rights for all as a matter of providing a level playing field.

To St. Paul, it’s clear that marriage for the Christian is not for procreation – that was a value suitable solely for those who lived before Christ came as the Redeemer, and for pagans and unbelievers. For those who have accepted Christ, and are not already married at the time they are baptized as Christians, the primary calling is clearly to celibacy. . . if they can handle it. Celibacy should not be the expectation only for priests, gays and lesbians.

Oh, and if I didn’t mention it earlier in this essay (I didn’t), the Church has painted itself into the same sort of moral corner with the trans population. We are not allowed to marry the same sex (or the opposite sex). We, too, are all expected by the Church to achieve the impossible (impossible except for a few) that God does not expect.

God does not expect the impossible - why should the Roman Catholic Church?