Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

28 May 2011

Atheist student shunned by entire community including his parents for opposing prayer at graduation ceremony



AlterNet   -   May 25, 2011

High School Student Stands Up Against Prayer at Public School and Is Ostracized, Demeaned and Threatened

By Greta Christina, AlterNet



Whatever you think about atheists -- good, bad, mixed, indifferent -- this story should seriously trouble you.

Damon Fowler, an atheist student at Bastrop High School in Louisiana, was about to graduate. His public school was planning to have a prayer as part of the graduation ceremony: as they traditionally did, as so many public schools around the country do every year. But Fowler -- knowing that government-sponsored prayer in the public schools is unconstitutional and legally forbidden -- contacted the school superintendent to let him know that he opposed the prayer, and would be contacting the ACLU if it happened. The school -- at first, anyway -- agreed, and canceled the prayer.

Then Fowler's name, and his role in this incident, was leaked. As a direct result:

1) Fowler has been hounded, pilloried, and ostracized by his community.

2) One of Fowler's teachers has publicly demeaned him.

3) Fowler has been physically threatened. Students have threatened to "jump him" at graduation practice, and he has received multiple threats of bodily harm, and even death threats.

4) Fowler's parents have cut off his financial support, kicked him out of the house, and thrown his belongings onto the front porch.

Oh, and by the way? They went ahead and had the graduation prayer anyway.

Before we get into the details, let's be clear about the facts and the law: Nobody -- not Fowler, not the ACLU, nobody -- is telling anybody at Bastrop High School that they can't pray. People can pray at graduations and other school events all they want. The sole issue here is whether a public school can have a prayer at a graduation or other school event as an official, school-sponsored part of the program. Individual prayer? Hunky dory. Off-campus prayers at churches or private events? Knock yourself out. Government promotion of a religious agenda? Not so much. What with the First Amendment and the "establishment of religion" bit and all.

It's a law and a Constitution that protects everybody, not just atheists. If you wouldn't want to be subjected to a government-sponsored Buddhist prayer, you ought not to be subjecting others to a government-sponsored Christian prayer.

Okay. I hope that's clear.

So here's a little more detail about what exactly happened with Damon Fowler.

1) Fowler has been hounded, pilloried, and ostracized by his community. He's become the center of what he terms a "shitstorm": he has been harassed, vilified, targeted with insults and name-calling and hateful remarks. He's been told t he's the Devil. He's been told, "Go cry to your mommy... oh, wait. You can't." (A reference to him being disowned by his parents.) He's been told that he's only doing this to get attention. A student's public prayer at a pre-graduation "Class Night" event was turned into an opportunity for the school and community to gang up on Fowler and publicly close ranks against him -- teachers as well as students. (Here's video). And people seen defending him have been targeted as well.

As just a taste, here are a few comments on the Bastrop Enterprise news story about the controversy: "I personally see him as a coward." "I hope they [Christians] put enough pressure on this kid to convert him and save his soul from the fire of hell." "The kid was likely a recluse and apathetic about most everything until now." "If he don't want prayer at graduation he can stay at home and not come to graduation." "Afterall, that's what she or he wants isn't it to be singled out! This just makes me ill." "I hope that the little athiest is offended." "What he is really doing is trying to shove his views down people's throats." "Why does this student only now decide to get engaged in what is happening at the school? Is it nothing more than our own self-destructive human nature to break down anything of which we may not approve?" "That student should just have to have his/her one man graduation ceremony all alone." "Satan continues to prowl and is deceiving many in this world."

2) One of Fowler's teachers has publicly demeaned him. From the story in the Bastrop Enterprise:
Mitzi Quinn has been on the staff at BHS for almost 25 years, much of that time as a senior advisor. In the past, Quinn said there have been students who were atheist, agnostic and other non-Christian religions who "had no problems" with the prayer.

"They respected the majority of their classmates and didn't say anything," Quinn said. "We've never had this come up before. Never."

Throughout her time working with the student, Quinn said they never expressed their personal beliefs or that they had any problems with other students' Christian faiths.

"And what's even more sad is this is a student who really hasn't contributed anything to graduation or to their classmates," Quinn said. (emphasis mine)

In other words: Because the majority of students want an unconstitutional prayer at their graduation, therefore they're in the right. Because nobody's ever had the courage to speak up about this before, therefore the law was not being broken, and everything was okay. (After all, it's not like anything bad happened when Fowler spoke up...right?) And because Fowler hasn't "contributed anything" -- other than, you know, a model of risking safety and security to stand up for a principle he believed in -- therefore his basic legal right to not be targeted with religious proselytization by his public school is irrelevant... and he deserves to be publicly derided by one of his teachers.

3) Fowler has been physically threatened. Students have threatened to "jump him" at graduation practice, and he has received multiple threats of bodily harm, and even death threats.

Enough said.

4) Fowler's parents have cut off his financial support, kicked him out of the house, and thrown his belongings onto the porch.

Let's be very, very clear about this one. At a time when their son was being bullied, threatened, publicly pilloried, and ostracized from his school and his community, his parents joined the party. Their initial response was to hold him in their house against his will, take his cell phone and cut off his contact with the outside world, and even cut him off from contact with his older brother, Jerrett. Their more recent response has been to cut off financial support, kick him out of the house, and throw his belongings onto the porch.

Fortunately, Damon isn't entirely alone. His brother Jerrett is bringing Damon into his own home in Texas, and will help put him through college. And Damon is fortunate enough to have the backing of the atheist community, who are providing encouragement, emotional support, practical assistance, and even a scholarship fund.

More on that in a moment.

Since that's a lot of what this story is really about.

There are a lot of hot-button issues in Damon Fowler's story. There's the depressing fact of how common this kind of story is: the fact that, despite the law being unambiguous on the subject, public schools around the country are continuing to sponsor prayers and otherwise promote theocracy, in flagrant violation of the law... apparently in the hopes that nobody will want to make waves and speak out against it. There's the lack of understanding in the United States about fundamental civics: the all-too-common belief that "majority rules" in every situation, and the all-too-common failure to comprehend the principle that the minority has basic civil rights.

There's the ugly reality of anti-atheist bigotry and discrimination across the country -- especially in high schools. According to JT Eberhard, high school specialist for the Secular Student Alliance, "In Alabama, Auburn High School is refusing to allow an SSA affiliate. In Cranston, Rhode Island, a public school is facing an ACLU suit for refusing to take down a sectarian prayer [a banner posted in the school gym]. In Texas we had a student who was told he could have a secular club if he called it a philosophy club and didn't affiliate with the SSA. The list of similar situations is a mile long and these are only the ones I've become aware of in my first four and a half months on the job. The Fowler incident is much closer to being the norm than the exception."

There are rants about religion to be had here as well. There's the level of not only hostility, but panicked hostility, when entrenched religion gets its privileged status threatened. There's the way that religion relies on social consensus to perpetuate itself -- and how, when that consensus is threatened, it commonly reacts by smacking down dissent and expelling dissenters. There's the idea that the unverifiability of religion -- the beliefs in invisible, inaudible, intangible gods promising an afterlife nobody can know anything about -- means that the harm done in its name has the unique capacity to spin off into the stratosphere... since there's no reality check. There's the image of religion as a colossal fortress protecting a house of cards: powerful, massive structures and institutions staunchly buttressed and hotly defended to ensure that nobody ever examines the ideas inside and sees how flimsy they are.

And of course -- duh -- there's separation of church and state. There's the principle that a public school should not be sponsoring prayers at graduations. What with that being a government establishment of religion and all, and thus being -- oh, what's that word? -- unconstitutional.

All of that is important.

But there's something else important going on here.

And that's the way the atheist community has stepped up to the plate.

Damon Fowler has been embraced and welcomed by the atheist community. Atheist writers have been all over this story from the moment it broke: it's been covered on Friendly Atheist, Pharyngula, BlagHag, the Richard Dawkins Foundation, Atheist Revolution, The Thinking Atheist, Atheist Underworld, WWJTD, Rock Beyond Belief... the list goes on. Several atheist organizations are applauding Fowler for his courage.

American Atheists said of Fowler, "This kid deserves mad props for letting his principal know on no uncertain terms that ACLU would be contacted if the prayer wasn't canceled. Good job, Damon, you speak for the freedoms of people who are trapped in the bible-belt!" JT Eberhard, high school specialist for the Secular Student Alliance, said, "Despite the vile threats, bullying, and hatred his community has given him, we recognize Damon for what he is: a brave student speaking up for religious liberty and inclusion." Freedom From Religion Foundation spoke about "his courage in speaking out for his and other students' rights."

And it's not just the atheist thought leaders. It's the on-the-ground community. Fowler has received an outpouring of support from atheists around the country and around the world. The "Support Damon" group on Facebook has over 10,000 members as of this writing. The Reddit post from Damon and his brother Jerrett discussing these events has been loaded with expressions of empathy and outrage. Atheist forums and blog comment threads about Fowler all over the Internet have been extensive and passionate. And many atheists have written letters to the Bastrop High School administration expressing their support for Fowler's position and their opposition to the prayer.

This support isn't only emotional, either. Emotional support is not trivial, of course; it's hugely important, especially when you're being ostracized, targeted with a hateful smear campaign, and driven from your home. But a tremendous amount of practical and financial support is coming from the atheist community as well. Many atheists have offered Fowler transportation, legal advice, meetup groups, places to stay, physical protection, connections with others who could provide additional practical help, and more. The Freedom From Religion Foundation has given Fowler a $1,000 college scholarship.

And perhaps most dramatically, Friendly Atheist blogger Hemant Mehta has established a scholarship fund for Fowler, so he can attend college despite being cut off financially by his parents -- and the response has been overwhelming. As of this writing, the atheist community has donated over $15,000. Essentially filling the role that his parents have abandoned.

Why am I bringing this up?

One of the chunks of mud that's most commonly slung at atheists is that we're selfish. Amoral. That without a belief in God and the afterlife, people would have no moral compass, and would just act to please themselves, without any consideration for others. That without a belief in eternal punishment in the afterlife for bad behavior, eternal reward in the afterlife for good behavior, and a supernatural authority figure refereeing it all, people would have no reason to be good people, and no reason to avoid doing terrible things. That without religion, people would have no compassion, no sense of justice, no empathy, no desire to see society running smoothly... and would just do whatever we wanted to do.

But when Damon Fowler was suffering and in need, the atheist community stepped up. It provided compassion. It demanded justice. It offered emotional support. It offered practical support. It opened its wallets. It made it unassailably clear to Damon Fowler that he was not alone: that although his school, his community, even his parents, had all turned their backs on him, atheists would take care of him, as best they could, until he could take care of himself. It made it clear that, even though he no longer had a home in Bastrop, he had a home in this movement. When Damon Fowler was suffering and in need, the atheist community proved itself to be a real community.

If atheism means we just do whatever we want to do... then apparently, what we want to do is take care of each other. Apparently, what we want to do is help people who have been injured. Apparently, what we want to do is speak out against wrongdoing. Apparently, what we want to do is put a stop to injustice. Apparently, what we want to do is make sacrifices for people in need.

A whole lot more than the Christians in Bastrop, Louisiana.

I'm not saying that atheists are morally superior to religious believers. I don't think that, and I'm not saying it. I'm aware that many religious believers are good, compassionate people with a strong sense of justice. I'm even aware that many religious believers, indeed many Christians, are appalled by what's happening to Damon Fowler, and oppose it with every breath in their bodies. And I'm aware that many atheists are hostile, self-involved schmucks. (Believe me... I'm aware of that.) That's not my point.

My point is this: Human beings don't need God to be good. Human ethics seem to be wired into our brains, through millions of years of evolution as a social species, and every human being who isn't a sociopath has them. Some of us act on them better than others... but we all have them. Christian, Jew, Muslim, Hindu, Buddhist, Rastafarian, Wiccan -- and atheist.

And my point is this: The next time someone tells you that atheists are selfish and amoral? Remember Damon Fowler. Remember the religious community that bullied him, harassed him, ostracized him, and drove him out.

And remember the atheist community that took him in.

If you want to support Damon Fowler's scholarship fund, you can do so with the ChipIn widget at the Friendly Atheist blog. The widget closes on May 31.

Read more of Greta Christina at her blog.


This article was found at:



RELATED ARTICLES ON THIS BLOG

US high school administrators coerce teachers to deny students their legal right to form atheist groups



Radical Christian extremists aim to undermine public education by targeting high school kids for indoctrination into fundamentalist worldview

Creationists weaken U.S. education system, only a quarter of high school students adequately taught evolutionary biology

Teaching evolution in science classrooms under attack in the US and UK by anti-science creationists

Christian dominionists target children between 4 and 14 as the most vulnerable to spiritual manipulation

Arkansas politician wants public schools to indoctrinate students with literal interpretation of the Bible

Virginia school board takes down 10 Commandments posters to avoid lawsuit, students walk out in protest

Texas school board members injected their personal religious beliefs into social studies curriculum

Reactionary Christian fundamentalists take over Texas school board, rewrite history books to indoctrinate America's children

Nebraska education administrators get mixed messages from lawyers on legality of promoting religion in schools

Third Wave 'Spiritual Warfare' movement indoctrinating young children to do battle for the Lord

Child Evangelism Fellowship complains it is banned from converting children in public housing project

Federal Court of Appeal asked to stop California college proselytizing and imposing religion on students

Advocacy group battles illegal Christian fundamentalist proselytizing in U.S. public schools

Fundamentalist Christian 'punk' band uses deception to evangelize and indoctrinate in U.S. schools

Christian fundamentalist boot-camp for kids indoctrinates them to fight 'bloody' religious war

'Arming' for Armageddon: Militant Joel's Army Followers Seek Theocracy

Christian Reconstructionists Are Trying to Take Dominion in America

Australian Anglican bishop denies evangelical group is using school chaplain program to convert children to Christianity

Australian evangelical group aims to convert children through government funded school religious programs

Vote-seeking Australian government opts to spend $437 million on school chaplains instead of qualified counsellors

Opponents of Quebec's religious education coarse fear that when religions are held up to rational scrutiny all are irrational

Canadian Supreme Court hears case pitting religious freedom of parents against religious freedom of their children

Battle over ethics course in Quebec schools goes to court - Catholic high school wants exemption

Quebec bans teaching a belief, a dogma or the practice of a specific religion in government subsidized daycares

Some Canadian provinces discriminate against non-Catholics and unbelievers by publicly funding Catholic schools

The Alberta town where all public schools force Catholic dogma on non-Catholic students

Dublin Archbishop says Irish church not indoctrinating enough children, secular society advancing

Church of England's proselytising plans will target children for recruitment and indoctrination

Irish children subjected to religious dogma in order to get an education in school system dominated by Catholic church

Atheist Ireland says children's right to be exempt from religious class a theoretical illusion

Parental rights vs children's rights: debating the role of religious institutions in Irish education system

German teen expelled from government funded Catholic school after exercising her human right to religious freedom

UK theology think tank says it is wrong to exclude God from classroom, superstition and reason should be equal partners

Secularists campaign to change UK law that makes religious assemblies in schools compulsory, government and church resist

Groups call on British government to replace compulsory collective worship in schools with inclusive assemblies

U.K. school inspectors report that Christian theology and non-religious beliefs not being adequately taught in compulsory religious education classes

European Court of Human Rights says crucifix not a symbol of indoctrination, reverses ban in Italian public schools

European Court of Human Rights rules crucifixes in Italian schools violates children's religious freedom to believe or not

8 Mar 2011

US Federal judge rules cases involving Catholic clergy abuse in other nations can be tried in US courts



Journal Sentinel   -  Milwaukee, Wisconsin     February 28, 2011

Human rights law can be used in clergy sex abuse suit, judge rules


St. Paul lawyer's attacks on church show increasingly international reach

by Annysa Johnson | Journal Sentinel

A federal law that allows U.S. courts to hear lawsuits involving human rights violations in other nations can be used in a case involving Catholic clergy sex abuse, a federal judge in Los Angeles ruled on Monday.

The decision by U.S. District Judge Josephine S. Tucker appears to be the first time the 200-year-old Alien Tort Statute has been used to pursue a sex abuse claim against the Catholic Church. And it illustrates the increasing international reach of victims attorney Jeffrey Anderson of St. Paul, Minn., who is suing the Vatican and has opened a practice in London to pursue cases in the United Kingdom. Anderson represents a number of victims in civil fraud cases against the Archdiocese of Milwaukee.

"This is huge, very significant," said Anderson, who filed the case on behalf of a Mexican boy after seeing the law used to bring cases involving Japanese women conscripted as sex slaves in World War II.

Attorneys and a spokesman for retired Los Angeles Cardinal Roger Mahony did not immediately return calls.

In her ruling Monday, Tucker denied a motion to dismiss by lawyers for Mahony, arguing that the federal court did not have jurisdiction. The lawsuit also names as defendants Mexico City Cardinal Norberto Rivera and Father Nicholas Aguilar Rivera.

Aguilar is accused of molesting 60 children in Mexico before he was sent to Los Angeles, where he is accused of molesting 26 others. He returned to Mexico, where he allegedly molested four more children - including Juan Doe 1 named in the Alien Tort Statute case - and his whereabouts are unknown, Anderson said.


This article was found at:



RELATED ARTICLES:



US lawyer behind 1500 lawsuits against Catholic church opens new firm in London to pursue cross-Atlantic cases


Lawsuit against L.A. and Mexico City Cardinals claims they moved known pedophile priest between dioceses


Investigation uncovers Catholic practice of "geographic cure", shuffling pedophile priests around the globe

Leaked confidential letter reveals Vatican's intention to prevent reporting of abuse to criminal authorities


German lawyers file crimes against humanity charges alleging spiritual coercion and abuse cover-up by the Pope


Prominent Catholic clergy abuse lawyer says lawsuits needed to force church to disclose secret files that reveal abusive priests, policies and practices


Litigating clergy sex abuse - 3 book reviews


Irish head of Amnesty International says addressing past human rights violations prevents future abuse


Thousands of children raped by priests is a human rights atrocity, Pope should resign to give survivors more than mere words


Catholic Church ignores Amnesty International's call to comply with international children's rights law


New book by UN judge says Vatican should be treated as a rogue state until it abandons canon law and stops protecting abusers


Christopher Hitchens: holding the Catholic Church accountable for its crimes takes earthly justice


Hitchens says Pope responsible for obstructing justice & enabling the rape & torture of children, an apologist responds


Humanists ask UN to hold Vatican accountable for violating children's rights by shielding abusers & obstructing justice


Pope & Church tested by children's voices crying out for accountability and justice long after childhood


San Diego diocese documents released, more evidence of Catholic leaders moving pedophile priests from parish to parish

10 Feb 2011

Polygamy prohibition is a reasonable limit on religious freedom to protect the equality rights of women and children

The Globe and Mail  -  Canada   January 30, 2011

Draw a legal line on polygamy

Globe Editorial


Testimony from three "sister-wives" this week in British Columbia underscores the ills that flow from this practice: the exploitation and coercion of teenage girls, trafficking of child brides from the U.S. into Canada, exclusion of young men and abnormally high rates of teenage pregnancy.

Canada's law against polygamy should be upheld. Testimony from three "sister-wives" this week in British Columbia underscores the ills that flow from this practice: the exploitation and coercion of teenage girls, trafficking of child brides from the U.S. into Canada, exclusion of young men and abnormally high rates of teenage pregnancy.

No matter how rosy a picture the three anonymous witnesses from Bountiful, B.C., tried to paint of their lives, the reality of polygamous unions is extremely troubling. One witness, married just days after her seventeenth birthday, acknowledged that she crossed the border into Bountiful to join her new husband, claiming she was coming to visit an aunt and stay with a friend - a clear misrepresentation. Within six months, another American teenager became her sister-wife. That girl was 15.

The question in the B.C. reference case, prompted by the abortive prosecution in 2009 of Bountiful's two leaders, is whether Section 293 of the Criminal Code barring polygamy is consistent with Canada's Charter of Rights and Freedoms.

While the Attorneys-General of B.C. and Canada are arguing that the law should be upheld, a court-appointed amicus curiae says the law is unconstitutional because it violates religious freedom.

To accept the practice as a religious right would be an accommodation too far.

Not only should the section be upheld, it should be applied. If there could be any doubt, consider the data from B.C.'s Vital Statistics Agency: From 1986 to 2009, Bountiful had 833 births to 215 mothers and 142 fathers. The rate of teen pregnancy is more than seven times the provincial rate. Since 2003, only 19 students from Bountiful have made it to Grade 12.

Barring polygamy remains a reasonable limit on religious freedom and a potent reminder that the law must protect the vulnerable and the equality rights and human dignity of women and children.

This article was found at:

http://www.theglobeandmail.com/news/opinions/editorials/draw-a-legal-line-on-polygamy/article1888122/


RELATED ARTICLES:

Stop Polygamy in Canada website has notes taken by observers in the courtroom as well as links to most of the affidavits and research the court is considering in this case.

A review of the Canadian constitutional case on polygamy after completion of testimonies


Closing arguments in Canadian polygamy case set for March 2011, but what about evidence of crimes exposed in testimony?



For Mormon polygamists in Canadian case religious freedom means enslaving women, sexualizing girls, exploiting boys

Two more plural wives testify in Canadian polygamy case, see no problem with forced marriage or trafficking child brides

Testimony of first FLDS witness in Canadian polygamy case reveals women in denial that their children are being abused

First anonymous FLDS witness in Canadian polygamy case paints cosy picture of plural marriage, seems oblivious to abuses

Affidavit in Canadian polygamy case reveals shocking statistics on child trafficking, child brides and teen mothers in Bountiful

Economics professor considers financial aspects of polygamy that create inequality

Two Mormon fundamentalist women from Utah tell Canadian court positive accounts of polygamy, no hint of abuse

Brother of FLDS bishop describes intellectual abuse, child labour, spiritual abuse and loveless religion in Canadian polygamy case

No freedom from religion for women and children in Mormon polygamist towns where men claim religious freedom to abuse

Mormon polygamist survivor tells court babies smothered to keep quiet, emotional and spiritual abuse worse than sex abuse

Video testimony by Mormon fundamentalist in Canadian court says polygamy provides happy life and harms no one

Survivor tells Canadian court extreme abuses including water torture of babies common in Mormon polygamist communities

FLDS bishop of Bountiful will not testify in Canadian polygamy case so his affidavit will not be read into record

Legal expert tells Canadian court polygamy prohibitions and monogamy tradition pre-date Christianity

The issue of women's rights in the Canadian constitutional review of the polygamy law



Before holiday break in constitutional case judge hears conflicting expert testimony on harms associated with polygamy

Expert in polygamy case says society should assume all members of sects have free choice, but what about children?

B.C. government expert in polygamy case sets out long list of social harms, societies that abandon polygamy do better

Court views video affidavits from Mormon fundamentalist survivors detailing pedophilia, incest, child trafficking and forced marriage

Polygamy expert tells court in constitutional case that it reduces women's freedom and equality and leads to forced marriage

Affidavits from survivors and psychologist's testimony in constitutional case show abusive nature of polygamous lifestyle

Expert witness in constitutional case on polygamy claims Bountiful women freely choose their own religious oppression

Judge allows controversial expert witness to testify in Canadian polygamy case, no decision yet on publication of video affidavits

Pro-polygamy intervenor groups make opening statements as first week of Canadian constitutional case ends

FLDS lawyer in Canadian constitutional case on polygamy claims members freely consent to plural marriage, abuse survivors disagree

Lawyer appointed to argue for striking down Canada's anti-polygamy law in constitutional case makes opening arguments

Canadian constitutional case on polygamy begins with BC government's opening statement

Unique Canadian constitutional case on polygamy set to begin November 22, 2010

Timeline of events leading up to Canadian constitutional case on polygamy which is set to begin

Survivor of abuse by Mormon polygamists documents accounts of sex crimes in the FLDS and other fundamentalist groups

Mormon fundamentalist leader asks court to exclude evidence against him in Canadian constitutional case on polygamy

Fundamentalist Mormon spokeswoman says polygamy doesn't hurt anyone

Mormon fundamentalist claims of religious persecution in Canadian constitutional case on polygamy not supported by the facts

Polygamist leader says BC attorney general guilty of religious persecution

Polygamist leader calls charges religious persecution

More persecution than prosecution

Second Mormon polygamist found guilty of child sex assault, jury doesn't buy defense claim of religious persecution

Claims of persecution ridiculous in societies where Christians have special privileges to indoctrinate children

More pro-polygamy affidavits by Mormon fundamentalists filed in Canadian constitutional case set to begin in November

Judge will allow anonymous testimony from Mormon polygamists in Canadian constitutional case on polygamy

Mormon polygamists seek immunity from future prosecution before giving evidence in Canadian constitutional case

Canadian constitutional case on polygamy triggered by Mormon fundamentalists, but will also examine Muslim communities

Utah law professor uses Mormon polygamists as example of how religious extremism leads to deliberate child abuse

Polygyny and Canada’s Obligations under International Human Rights Law (pdf)

Research paper submitted to B.C. court in constitutional case documents harms associated with polygamy

Man from Bountiful says girls in Mormon polygamist communities "treated like poison snakes", taught to obey men and have many children

Bountiful evidence that polygamy harms women and children - constitutional case likely to reach Canadian Supreme Court

Review of the positions 12 intervener groups are expected to take in upcoming Canadian constitutional case on polygamy

Some religious practices, such as polygamy, are inherently harmful and should not be tolerated in modern society 

Women's adovcates: polygamy is an “oppressive institution” that abuses and enslaves women and children

Prosecuting Polygamy in El Dorado by Marci Hamilton

Senate Judiciary Committee Holds Hearings on Polygamy Crimes: What Needs to Be Done at the Federal Level to Protect Children from Abuse and Neglect

Senate hearing: "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response."

Texas Will Attempt to Show That Polygamist Culture Itself Harms Children

FLDS defendants complain their religious freedom violated, while denying religious freedom to their children

Children in Bountiful have religious rights too, but are denied them by parents claiming religious freedom 

Some Canadian children are protected from religion-related abuse, while others are not

Polygamy is not freedom

Israeli politicians and women's advocates call for immediate change to polygamy law to protect rights of women and children

New study on polygamy in Malaysia finds evidence of harm to everyone involved

Indonesian Women's Association divided on whether polygamy, which is legal in Indonesia, is harmful to women and children

28 Nov 2010

Christian Science theology opposes both medical treatment and diagnosis and demands denial of symptoms



The Washington Post - March 23, 2010

Christian Science and irresponsible parenting

By Liz Heywood | Opinion - On Faith


In his March 5 guest column [see below] for On Faith, Gary Jones calls the Secular Coalition's White House presentation on faith-based medical neglect an "unjust and unfair attempt to convert the atypical to the norm" -- because my testimony was grounded in my near-death Christian Science experience 30 years ago. It may be convenient for Jones to dismiss my experience as ancient history, but it's impossible for me to forget-especially when I put on my prosthetic leg in the morning.

Contrary to Jones' description of my case as atypical, my parents were "class-taught" church members just outside Boston. Some of my relatives worked at the church headquarters; one was a Christian Science practitioner, certified by the church to pray professionally. My childhood bone disease-diagnosed years later as osteomyelitis-may have been uncommon, but Christian Science doctrine was followed to the letter. As a result, I was bedridden for almost a year, my leg dripping pus; my deformed knee ultimately fused solid at an eighty-degree angle.

I walked with a "simian gait," as one doctor noted, on my rigid knee for thirty years until it was amputated in 2007. My orthopedic specialists said they usually saw fused limbs like mine only in elderly patients who'd had osteomyelitis before the discovery of antibiotics, or in third world countries.

Christian Science theology opposes both medical treatment and diagnosis and demands denial of symptoms. Jones claims that Christian Scientists "do not believe that suffering or death is ever God's will." Indeed, they believe suffering and death aren't real at all. In Science and Health with Key to the Scriptures, the Christian Science textbook, Mary Baker Eddy defines FLESH as, "An error of physical belief; . . . an illusion; a belief that matter has sensation." Is a child's pain an illusion? Is a parent negligent when he denies the reality of his child's pain? Jones claims that Christian Science parents "will turn to other means for healing, including medical." But how much pain should a child suffer before the parents recognize that "their prayers are not availing?"

When I was a child, we prayed truly and deeply, all of my family, through every minute of my agony. Indeed, prayer was the only treatment I (and my parents) knew. Doctors were unfamiliar and we were afraid of them. The Christian Science "nurses" who helped care for me were trained by the church to wash my leg with only soap and water; nothing stronger than petroleum jelly was applied to my open sores. They also served to distance my practitioner from my physical state; he never once saw the infection that ate at my flesh. Is this the "skilled nonmedical nursing care" Jones mentions?

My practitioner became and remains a Christian Science teacher who teaches people to become Christian Science practitioners. In at least one talk, he used my case as an example of a child healed by Christian Science while successfully shielded from outside intervention. I called him four years ago to ask whether he really believed I'd been healed as a child. He said, "Well you didn't die-what would you call it?" Does this make me part of the "remarkable" record of Christian Science healing Jones refers to?


In 2003, seven-year-old Eben Tryon died of untreated diabetes in Norwood, Mass. Maybe Jones thinks that child's death is old history too. But it would be hard to argue that his parents were atypical Christian Scientists or didn't know the rules of the religion. His mother was a Christian Science "nurse" and his father was employed at church headquarters.

Does Christian Science neglect children's health? The church seeks religious exemptions from all child health laws-every preventive and diagnostic measure, the civil child abuse and neglect laws, and criminal laws requiring parents to provide medical care for sick children. In the 1990's the church got a religious defense to first-degree murder enacted in Delaware, to capital murder in Arkansas, and to homicide by abuse or neglect in Oregon. No conscientious adult-whether religious or non-theist-could call this responsible parenting.

Liz Heywood is an above-knee amputee and former member of the First Church of Christ, Scientist.

This article was found at:

http://newsweek.washingtonpost.com/onfaith/guestvoices/2010/03/christian_science_and_irresponsible_parenting.html

*********************************************************************************

The Washington Post - March 5, 2010

Practicing spiritual care responsibly

By Gary Jones | Opinion - On Faith


In his February 28 "On Faith" blog post ("Our Secular Coalition visit to the White House") Herb Silverman says he wants "to dispel some grossly unfair but predictable media comments" and to respond to "those who continually accuse the Secular Coalition for America of hate-filled, religion bashing." He exhorts them to take the time to examine the evidence.

Silverman should heed his own words. For, as he reports, in a public policy discussion at the highest levels of the Obama administration, his Secular Coalition has aligned Christian Science with the neglect of children's health. Examine the evidence. Nothing could be further from the truth.

Christian Science is a religion of love and goodwill toward all. "To injure no man, but to bless all mankind" is the motto of the well-respected Christian Science Monitor newspaper. Christian Scientists worldwide deeply love their children. Neglect of their children's health is abhorrent to them.

They seek to demonstrate wisdom as a result of their prayers for their children. Their church does not compel them to turn from medicine. Individual choice rules. If their prayers are not availing, they will turn to other means for healing, including medical. They do not believe that suffering or death is ever God's will.

Neither do they seek to place themselves above the law. Just like their neighbors, they want to fulfill the sacred duty of parenthood and protect their children from harm.

Congress and state legislatures have constitutional authority to reasonably accommodate religious beliefs and practices, and over the years a variety of statutory provisions have done this at the state and federal levels. Some provisions relate to the many Americans who use prayer and skilled nonmedical nursing care for their family's health. These provisions do not exempt, or immunize, parents from either parental responsibility or legal liability for the health of their children. They're not designed to give religious parents "legal loopholes." Every state in the union gives child protection authorities the right to initiate legal proceedings against parents - even in advance - to protect children from serious harm to their health. And this is as it should be.

Christian Science has a remarkable published record of healing over the past 140 years. The Secular Coalition's reliance before White House officials on a highly unfortunate case of suffering and harm to a child in a Christian Science family more than 30 years ago is an unjust and unfair attempt to convert the atypical to the norm.

Silverman concludes his article, "Of course, nothing will stop rants from those who would rather denigrate and stereotype than examine evidence." I agree.

Gary Jones is manager of the Federal Office, Christian Science Committee on Publication at The First Church of Christ, Scientist.

This article was found at:

http://newsweek.washingtonpost.com/onfaith/guestvoices/2010/03/practicing_spiritual_care_responsibly.html


RELATED ARTICLES:






Healing or homicide? The use of prayer to treat sick children


Expert: Change in prayer law would protect Christian Scientists, not kids


Should Parents Who Call God Instead of the Doctor Be Punished?


21 Oct 2010

Parents sue school district over religious song

Examiner - March 25, 2009


Associated Press


JACKSONVILLE, Fla. - Parents are suing the St. Johns County School Board saying a teacher made their children learn a religious-themed song for an end-of-the-year program.


The lawsuit, filed last week in federal court, says "In God We Still Trust," interferes with the parents' right to raise children according to their own beliefs.


The song was cut before the lawsuit was filed after another parent complained. But the lawsuit says they are still entitled to damages because their children were required to learn the song. They are seeking to bar the district from the "religious instruction" the song represents.


School Board attorney David Marsey says the issue differs from school prayer because public school choirs historically have been permitted to sing religious songs.


This article was found at:


http://www.examiner.com/a-1923886~Parents_sue_school_district_over_religious_song.html

21 Mar 2009

Fresno Diocese Continues to Let "Accused" Child Molester Work with Children

InjuryBoard - March 19, 2009

by Paul Kiesel

A little over two years ago, a Fresno jury found Father Eric Swearingen guilty (9-3) of molesting a former altar boy, however, Bishop John J. Steinbock has continued to allow this man to work with children at the Holy Spirit Parish in Fresno, California.

What is Bishop Steinbock thinking? Would a school district allow a teacher faced with the same situation as Swearingen (I find it inappropriate to refer to him as "Father," as it shows deference to a man who, frankly, doesn't deserve it) to continue working with children? As a parent, would you want your children around a man like that?

Bishop Steinbock, based on his actions, could care less about the future safety of children within any of his parishes and this was especially punctuated yesterday, as he waltzed into a Fresno courtroom, for another clergy sexual abuse case involving one of his former priests, and casually winked at the jury. His attitude, though, changed almost immediately after being questioned by the plaintiff's attorney, Jeff Anderson.

Jeff Anderson: Bishop, when did you first realize or learn that when an adult lays his hands on the genitals of a child and manipulates the genitals of a child and places them on the body of a child for sexual purposes, it was a crime? When did you first realize that?

Bishop: You know, it's really hard for me to say. I think society --

Anderson: No, you.

Bishop: Me?

Anderson: You.

Bishop: I think I thought along with society for so many years it was --

Anderson: Bishop, I'm going to ask you to focus on the question. When did you first learn that it was a crime for an adult, a person over the age of 18, to engage in sex with a kid?

Bishop: Well, I think we would all think that was always a criminal case.

Anderson: If you knew that, then why didn't you turn it over to the law enforcement for them to determine whether or not a crime had been committed and the statute of limitations had passed or not?

Bishop: Because I do not have an allegation of that against him. This is way back in 1995. As I said, I had no cause to take his faculties or away. There was no allegation.

Anderson: You were concerned about a civil suit because you go on to say [in the Bishop's own notes from 1995], "There can always be a civil suit," right?

Bishop: Well, there can always be a civil suit. But I'm also thinking of his, you know, that might be a civil suit against him. I mean, I wasn't aware that they'd probably just come at the Diocese alone. I figured they would also go after the priest.

Wow! Steinbock's responses at one point show that back in 1995, when the current allegation was brought to his attention, he was more concerned with a civil suit than turning over any evidence of wrongdoing by his clergymen to the authorities.

Again, what is Steinbock thinking and who above him (i.e. the Pope, Cardinal Mahony) would allow for this type of behavior to continue in ANY Catholic diocese throughout the world?

This article was found at:

http://losangeles.injuryboard.com/miscellaneous/fresno-diocese-continues-to-let-accused-child-molester-work-with-children.aspx?googleid=259428

19 Mar 2009

Elgin pastor: Judge finds him guilty of spanking girl during weekly counseling sessions

Chicago Tribune - March 19, 2009

He did not believe that 12-year-old was sexually abused
|Special to the Tribune

A former Elgin pastor found guilty Wednesday of spanking a girl with a piece of wood in his office admitted he wasn't prepared for the task of counseling a child who claimed to have been sexually abused.

"The situation was over my head," said Rev. Daryl Bujak, who avoided jail time when he was sentenced to 12 months of supervision. "I didn't have the ability to deal with the situation I confronted."

Bujak was found guilty of two counts of battery for spanking the 12-year-old during counseling sessions in 2005 at First Missionary Baptist Church in Elgin. He was accused of beating the girl with a piece of crown molding, in part because he did not believe her allegations.

Bujak was found not guilty of violating a state law that requires clergy members to report allegations of sexual abuse.

"I've spent many hours reflecting on the situation, and I regret some of the things that have taken place," Bujak said before Kane County Judge Allen Anderson sentenced him after a two-day bench trial.

In addition to sentencing Bujak for battery, a misdemeanor, the judge ordered him to perform 80 hours of community service and pay a $350 fine. Bujak is to have no contact with the girl.

The girl's parents approached Bujak in March 2005 after the girl said she had been sexually abused. The mother did not believe the allegations, and neither did Bujak.

It was the start of a series of weekly meetings with Bujak, where the mother would report on her daughter's behavior. Bujak would spank the girl 15 to 25 times, depending on how she had behaved the previous week, the girl and her mother testified.

The mother later believed her daughter's allegations, and in October 2005, Matthew Resh of Ingleside was charged with sexually abusing the girl. He is awaiting trial in McHenry County on five counts of predatory criminal sexual assault.

Bujak's attorney, Ross Bartolotta, argued that the parents had given his client permission to do corporal punishment as part of the counseling.

But the judge rejected Bartolotta's assertion that a clergyman had a right to spank with parental permission.

"The right of corporal punishment would not extend to a teacher who decided to improve the grades of a student by administering weekly spankings," Anderson said.

The girl's testimony, he said, was very credible. "The problems she suffered through, I hope, are past, and I hope she is able to move on," the judge said.

Bujak resigned as pastor in August 2008, a decision that was unrelated to the charges, said Robert Steele, the church's treasurer.

"He just felt the Lord was through with him here," Steele said.

This article was found at:

http://www.chicagotribune.com/news/local/chi-girl-spanked-19-mar19,0,121995.story

16 Mar 2009

US church's costs for clergy sex abuse topped $436 million last year

Catholic News Service - March 13, 2009

By Nancy Frazier O'Brien | Catholic News Service

WASHINGTON (CNS) -- U.S. dioceses and religious orders spent more than $436 million in 2008 on settlements and other costs related to clergy sex abuse, a decrease of 29 percent over the $615 million paid out in the peak year of 2007.

Those figures were in the information made public March 13 in the sixth annual report on implementation of the "Charter for the Protection of Children and Young People," adopted by the U.S. Catholic bishops in 2002. The report was produced under the direction of the all-lay National Review Board, established by the bishops to monitor compliance with the charter.

The report summarized data collected from dioceses, eparchies and religious orders for calendar year 2008 by the Center for Applied Research in the Apostolate at Georgetown University, as well as the results of audits of most U.S. dioceses and eparchies conducted between July 1, 2007, and June 30, 2008.

CARA found that in 2008 U.S. dioceses and eparchies received 625 new allegations of child sex abuse by clergy, but only 10 of them involved children who were under the age of 18 in 2008. Similarly, in 2008 U.S. religious orders that include priests and brothers or priests alone received 178 new credible allegations of sexual abuse of a minor, only three of which involved children who were minors in 2008.

Twelve percent, or 78, of the new allegations made against diocesan clergy in 2008 were unsubstantiated or determined to be false by the end of the year. Another 51 allegations received prior to 2008 were unsubstantiated or proven false during 2008.

The majority of new allegations were related to abuse reported to have occurred in the 1970s, for diocesan clergy, and in the 1960s, for members of religious orders.

In a letter submitted with the report, Teresa M. Kettelkamp, executive director of the Office of Child and Youth Protection at the U.S. Conference of Catholic Bishops, said the report contains "good news" that often goes unreported.

"Clearly, we have faced horrible situations, but I believe that the Catholic Church has turned a corner on addressing sexual abuse of children," she said. "Is every diocese doing everything perfectly? No, we are not there yet, though we're far closer than we were last year and the year before that and all previous years."

Kettelkamp said the Catholic Church is becoming "one of the safest havens in our world for children and young people" and "a resource for people beyond the Catholic Church who seek to confront this societal scourge."

"The bishops can be proud of what they have accomplished and their ongoing commitment to address this issue," she added. "That's progress and that's good news."

The report showed that dioceses, eparchies and religious orders spent nearly $2.1 billion in the years 2004-2008 on settlements, therapy for victims, support for offenders, attorneys' fees and other costs related to clerical sex abuse.

The $23 million spent by dioceses and eparchies on child protection efforts in 2008 represented a $2 million increase over the previous year but a $2 million decrease over the amount spent in 2006.

The other costs -- totaling $4.2 million in 2008 -- included payments for investigations of allegations, medical costs and other support for victims or survivors, costs for mediation, travel expenses for victims, costs for victims' assistance offices and victim hot lines, clergy misconduct review boards, public service announcements and outreach materials, canonical trials and case processing, bankruptcy expenses and USCCB compliance audit costs.

Participating in the CARA study in 2008 were 194 of the 195 U.S. dioceses and eparchies and 160 of the 219 clerical or mixed religious orders belonging to the (U.S.) Conference of Major Superiors of Men. The Diocese of Lincoln, Neb., was the only diocese that declined to participate.

The CARA study also found that:

-- Allegations of sex abuse reported by dioceses or eparchies predominantly involved male victims (84 percent male vs. 16 percent female), but females made up 33 percent of the alleged victims of religious-order priests in 2008.

-- More than half (51 percent) of the allegations against diocesan or eparchial clergy in 2008 were reported by the victim, while 60 percent of those against religious-order priests were made by an attorney.

-- Sixteen priests or deacons were returned to ministry in 2008 after sex abuse allegations against them were found to be unsubstantiated or proven false.

-- More than half (52 percent) of the victims who made new allegations of sex abuse against diocesan/eparchial clergy in 2008 and 30 percent of those making new charges against religious-order priests were between the ages of 10 and 14 when the abuse began. But in 5 percent of the diocesan cases and 45 percent of the religious-order cases the age of the victims at the time the abuse started was not known.

-- Forty-one percent of the diocesan priests and deacons and 55 percent of the religious-order priests accused of abuse in 2008 had had no prior allegations against them.

-- The vast majority of priests or deacons against whom new allegations of sex abuse were received in 2008 -- 83 percent of the diocesan/eparchial clergy and nearly 70 percent of the religious-order priests -- were deceased, already removed from ministry or missing when the charges were made. Another 5 percent of diocesan and 12 percent of religious-order priests were permanently removed from ministry because of allegations received against them that year.
- - -
Editor's Note: The full report is available online at www.usccb.org/ocyp/annual_report2008.shtml.

This article was found at:

http://www.catholicnews.com/data/stories/cns/0901158.htm

13 Mar 2009

Cardinal Sean O'Malley cites progress made against clergy abuse

The Boston Globe - March 13, 2009

Might publish list of accused

By Michael Paulson | Globe staff

BRAINTREE - Reflecting on his five years responding to the local sexual abuse scandal, Cardinal Sean P. O'Malley said the Archdiocese of Boston is moving "beyond an atmosphere of crisis to one of implementation and vigilance."

In a six-page letter being released today, O'Malley outlines a series of changes the archdiocese is carrying out to make abuse prevention and detection a permanent part of the bureaucracy.

The cardinal also suggested the archdiocese is on the verge of publishing a list of priests accused of abuse, saying church officials are considering "disclosing information about accused clergy and the status of cases against them." Such lists are a top priority of survivor advocacy groups and have been released by a few other dioceses.

"This is a complex issue," the cardinal wrote, alluding to concerns that have been raised about the fairness of publishing names of people who have been accused but not convicted of a crime. "However, my expectation is that in the very near future we will be in a position to report a revision of present archdiocesan policy on this subject."

Church officials interviewed yesterday said that since they began running parish-based training programs encouraging people to report child abuse, 500 accusations have been lodged, and all have been reported to state authorities. The officials said 90 percent of the accusations were against a family or household member. Only one of the accusations was against a priest, the archdiocese said.

The cardinal's letter is being issued to coincide with the release of the annual audit of all dioceses in the United States for compliance with the child protection measures to which the American bishops committed in spring 2002. The Archdiocese of Boston said it was found in full compliance - unlike last year, when it was ruled out of compliance because several dozen parishes had refused or failed to train children to resist abuse.

Archdiocesan officials said that this year, only one priest, the Rev. David J. Mullen of Bellingham, is declining to implement a training program for children.

"I've never been, in principle, been opposed to a safe environment program, and he could have his 100 percent compliance if the programs were in compliance with Catholic principles," Mullen said in a phone interview.

Mullen argued that the programs advocated by the archdiocese are not appropriate for young children and that the entire concept "is based on an illusion, and the illusion is that children can protect themselves. Children cannot protect themselves; adults protect children."

Mullen said his parish had requested a meeting with the cardinal; O'Malley has instead asked staff to respond.

The archdiocese said that it believes that another 20 parishes, including three visited by the auditors, are not fully implementing the program because of procedural, rather than principled, concerns and that all of those parishes are now coming into compliance.

"Over the course of more than seven years, a variety of people, both members of the church and people who are not members of the church, have reviewed these programs and have found them to be appropriate and effective. And the vast majority of the parishes, clergy, parents, and teachers in the archdiocese have not only been trained in them, but have embraced them," said the Rev. John J. Connolly, who oversees abuse-related issues for O'Malley.

Connolly also said that after several years in which the archdiocese has used supplemental curriculums developed by child advocacy groups to teach children to resist and report inappropriate touching by adults, the archdiocese is now working with Catholic publishers to integrate abuse prevention lessons into the texts used in religious education.

Many of the other changes the archdiocese is making are structural, but reflect the end of several temporary measures taken at the height of the abuse crisis and the attempted integration of abuse-response measures into the permanent archdiocesan operation, which includes 12 people who work full time on preventing and responding to abuse.

An advisory committee is being disbanded after six years and its tasks folded into a permanent diocesan review board; an annual audit of the archdiocesan prevention measures is being altered so the archdiocese will report its own progress two of every three years and external auditors will come only during the third year.

"In 2002 and 2003 the archdiocese mounted all these new programs in response to a terrible crisis and a terrible revelation," said Mary Jane Doherty, a Regis College administrator who chairs the Implementation and Oversight Advisory Committee, the panel being disbanded. "What we've been working on is getting them routinized, because there is so much abuse out there, this has to be more normative than special."

This article was found at:

http://www.boston.com/news/local/massachusetts/articles/2009/03/13/cardinal_sean_omalley_cites_progress_made_against_clergy_abuse/