Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Monday, December 24, 2007

Divorce, Religion, and Circumcision: What A Conflict Tells Us About Parental Rights

"To get a sense of how completely secular people who are not already committed to religious practices [and circumcision] might view things, consider the following analogy:
A couple tells its 5-year-old child at bedtime every night that if he ever feels any anger at his mom and dad, then a monster will come to him at night in his sleep and smother him with a pillow. Each morning, when he wakes up un-smothered, his parents tell him that if he was in fact harboring angry feelings toward them, then the monster in question will save up the smothering and one day come and suffocate him for all of eternity. Imagine, as well, that when the child reaches the age of 6, his parents remove half of their son's left pinky toe. They argue that he can walk adequately without it, and they feel a very strong compulsion to remove what they view as ugly and impure.

Most of us would find this behavior outrageous and even criminal."

Sherry F. Colb, Findlaw.com, Nov. 28, 2007
This article deal in particular with the Boldt case were a divorced father, newly converted to Judaism wants his 12-year-old son to be circumcised, while his mother doesn't.

I'll add her closing words too (regarding the Boldt case):

"It is when parents disagree with each other and ask the courts to step in that we are uniquely able to consider some of the harm to which people expose their offspring. The Boldt case thus may, in this way, help us focus on what is otherwise "routine" in parenting and perhaps become more sensitive to the sorts of harm that we might otherwise continue to take for granted."
This is very true. I know that a lot of people will almost always prefer that the parents decide everything for the children, rather than the state. But as we can see, it's not so clear cut when parents disagree. Suddenly the question isn't about the parents' rights (because both parents have rights and they have different preferences), but about the boy's rights. And then one have to ask: Why aren't we always thinking about the rights of the children?

I've always considered myself a bit of a libertarian, or "liberalist" which is the word used here around. They are not entirely the same, and I'm in danger of mixing things here. Worse, I'm not a true libertarian, I assume. It's just the skewed perspective I have since I'm living in the Norwegian welfare state. Wanting longer opening hours to buy alcohol makes me feel like a libertarian while in USA I'd be Liberal I guess. Exhibit A: My score at the Political Compass.

Nevermind, I'm thinking about a very specific thing here that is probably common, that the state should stay out of parenting.
The idea has a flaw that sometimes becomes very ugly. It's a bit like the flaw of pacifism. It works fine as long as people won't try to kill you or torment you. But it's utter shit the moment there are malevolent murderers on your door. I'm with Sam Harris all the way on that issue.
Now, libertarianism holds that people are smart enough to chose for themselves. Perhaps. But another thing is that they also should be allowed to make their own decisions, even bad ones. I'm not optimistic about everyone's decisions, least of all my own, but not all decisions are cause of concern. Who cares if Boldt Senior chops of a piece of his dick? But should Boldt Senior be allowed to make a bad decision for Boldt junior? In general: do parents have an unalienable right to screw up their kids' life?
Among libertarians, there's always an appreciation for the individual. And I share that. But the boy who is circumcised is an individual. The girl who must wear a hijab is an individual. The children who are sent off to a loony religious school to be brainwashed are individuals. Children of Jehovas Witnesses who die because they don't get blood are individuals. The family, however, is not an individual.

Consequently: state interference is perfectly fine when it protects the rights of the children to avoid getting tortured for religious reasons by parents or getting their brains dumbed down to accept that the earth is 5000 years old.

Tuesday, September 18, 2007

Nebraska Senator Sues God to Stop Terror Threats

"Nebraska State Senator Ernie Chambers filed suit against God Friday, asking a court to order the Almighty and his followers to stop making terrorist threats.
The suit (.pdf), filed in a Nebraska district court, contends that God, along with his followers of all persuasions, "has made and continues to make terroristic threats of grave harm to innumerable persons." Those threats are credible given God's history, Chambers' complaint says.
Chambers, in a fit of alliteration, also accuses God of causing "fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornadoes, pestilential plagues, ferocious famines, devastating droughts, genocidal wars, birth defects, and the like."

Likewise the suit accuses God of having his chroniclers "disseminate in written form, said admissions, throughout the Earth in order to inspire fear, dread, anxiety, terror and uncertainty, in order to coerce obedience to Defendant's will." [...]

The senator also wants the court to issue a permanent injunction prohibityin God from plagues and terrorist threats. [...]
Chambers does admit that God is omnipresent and omniscient, however. Since God is everywhere, the Nebraska court has jurisdiction, Chambers argues, and since God is all-knowing, Chambers need to serve him with a notice of the lawsuit."

Wired.com September 17, 2007

Haha, that's fucking excellent!

This is also a brilliant opportunity to plug the film: The Man Who Sued God. I saw it earlier, and it had some very nice court scenes.

Friday, August 24, 2007

Italy: Court discriminates against Muslim girls

"The Italian supreme court recently rejected an appeal by the prosecution in the case of a Moroccan girl who had been beaten by her family, her parents and her brother. The appeal was rejected on the grounds that it was for her own good and for her non-conformity with their culture, she had gone out with a friend and her life style was not accepted by her parents."

Source: Il Messaggero (Italian), Liberation (French)

islamineurope.blogspot.com, August 10, 2007
See also this post I posted earlier about a similar case in Germany.

Sunday, August 5, 2007

Woman Who Sued Judge Over 12-Step Program Won't Have to Attend Meetings

"A woman who sued a judge after he sentenced her to attend Narcotics Anonymous meetings has reached a settlement and won't be required to attend the 12-step program that she claimed amounted to forcing religion on her, her lawyer says.

[...]

After attending on NA meeting, Offutt filed the suit against Schrantz and Rogers District Court, arguing that the sentence illegally forced her to practice a religion. She claimed the programs have a religious undertone and required everyone to pray at the end of each meeting."

Fox News, August 01, 2007
From what I've heard, it's a widespread problem, also in AA.

Religion: is the fight back under way?

"Let us look at the score-sheet so far as religious evangelists try to reclaim Britain as their own.

Sikh activists in Birmingham didn’t like the way their community was presented in a play at the local Rep Theatre. They protested and eventually rioted in front of the theatre and the play was taken off.
Score: Religionists 1, Secularists 0.

The BBC came under intense pressure from religious activists when it decided to show Jerry Springer - the Opera. Tens of thousands of born-agains (very few of whom had seen the opera) bombarded the Corporation with emails and letters demanding that the show be cancelled. The BBC went ahead and showed it.
Score: Religionists 1, Secularists 1.

Stephen Green, director of Christian Voice, which had tried to stop the broadcast of Jerry Springer - the Opera, tried to bring a prosecution for blasphemy against the Director General of the BBC. The court threw his application out.
Religionists 1, Secularists 2

The Government recently wanted to change the entry requirements at “faith schools” to permit 25% intake of children from other religions. The Catholic Church screamed blue murder and the Government backed down.
Religionists 2, Secularists 2

The Catholic Church wanted an exemption from the new Sexual Orientation Discrimination Regulations which would permit it to refuse services at its adoption agencies to gay couples. The Government refused.
Score: Religionists 2, Secularists 3

Shabena Begum, a Muslim schoolgirl, wanted her school to change its uniform policy so that she could wear a flowing Islamic gown. After several appeals, the courts upheld the schools right to say no.
Score: Religionists 2, Secularists 4

In Glasgow a man defining himself as an atheist was working at a Catholic school. He was denied promotion because he wasn’t of the faith. He took the school to a tribunal and won. Glasgow City Council appealed the decision, but lost and was told by the court that it had no business promoting any particular religion.
Score: Religionists 2, Secularists 5

Employment protection for tens of thousands of non-religious head teachers and non-teaching staff in various types of “faith schools” was removed by the Government at the behest of the Church of England in the recent Education and Inspections Act, despite vigorous opposition from secular parliamentarians being advised by the National Secular Society.
Score: Religionists 3, Secularists 5

A woman working for British Airways wanted to wear a crucifix over her uniform, in contravention of the company’s policy. After the usual cries of persecution from the evangelicals, and a media humiliation led by the Daily Mail, BA backed down.
Score: Religionists 4, Secularists 5

Lydia Playfoot sued her school because it refused to let her wear a “purity ring”. The court ruled in the school’s favour.
Score: Religionists 4, Secularists 6

A gay man took the Bishop of Hereford to a tribunal for blocking his appointment to a job in the diocese as a youth worker. The tribunal said the Bishop had illegally discriminated.
Score: Religionists 4, Secularists 7

An independent adjudicator ruled that the human rights of the members of the Christian Union at Exeter University had not been infringed when its funds were frozen by the University’s Student Guild. The Guild had decided that the Christian Union’s own equal opportunity policy had been violated by the Christians. The case will now go to the High Court, so, at the moment the
score: Religionists 4, Secularists 8 (Read BBC story)

The Advertising Standards Authority ruled that a full-page advertisement taken out in The Times by a group of evangelical Christians to protest against the Sexual Orientation Discrimination Regulations had been misleading.
Score: Religionists 4, Secularists 9

Shambo the bull was designated as “holy” by a group of Hindus in Wales. When he tested positive for bovine TB it was ruled that he should be slaughtered. The Hindus went to court saying their human rights were being infringed. The judge agreed, but then the Court of Appeal overturned that decision and the law prevailed.
Score: Religionists 4, Secularists 10.

The point of listing these battles is that they are part of a growing pattern of determination by religious people to impose their way of life on to all of us. And they are trying to use parliament and the courts to do it."

National Secular Society, 08.03.2007
Well done!

Saturday, May 19, 2007

Man Talks to God, But Is He Nuts?

"In 2005, Peter Braunstein sexually abused a former co-worker. Braunstein insists that he has not only been talking to God, though, but that God has been talking back — and explaining that Braunstein is destined to die horribly. His defense lawyers insist that this proves Braunstein is a complete loon, but prosecutors deny this explanation.
What, exactly, makes Braunstein looney? Talking to God? Hearing back from God? Receiving information from God abut his destiny? No court could find in favor of any such conclusion without directly contradicting and denying the foundations of most Western religions. On the other hand, if Braunstein isn't nuts, it's hard to see who would qualify.

[...]

It's not his actions I'm focusing on here, because most religious theists don't engage in sexual abuse and arson, but his claims about his conversations with God. What reasons are there to think he has a "broken brain" but not Pope Benedict XVI? What about all the politicians who claim to know what God wants for America, American society, and Americans in their personal lives? What about all the religious believers who are convinced that God communicates to them in various ways? If Braunstein's brain is "just broke," how are other people's brains not "just broke"? "

Atheism.about.com, May 18, 2007


Sunday, May 13, 2007

Swearing on the bible - a telling example

"Rape victim questioned by defense on inconsistencies in her testimony

[...]

After Farrugia presented more of her alleged inconsistencies, the girl argued that most of her story was consistent. “Usually if you’re lying you can’t keep your story for a full year 90 percent correct,” she said.

The girl agreed with Woods’ attorney, Robert Fogg, that she had placed her hand on a Bible and “swore to God” to tell the truth.

“Are you an atheist?” Fogg then asked. Prosecutor Claudette S. Antholzner objected and was sustained."

Buffalonews.com 05/12/07
Just a particularly telling example on how swearing on the bible in court can affect a case.