Our rights to life, liberty, property, and the pursuit of happiness
can only be secured by a state strictly separated from religion

Showing newest posts with label Law. Show older posts
Showing newest posts with label Law. Show older posts

26 August 2010

Catholic Theocracy

By Diana Hsieh

At first, I thought this video -- which calls for restricting the vote to faithful Catholics and installing a Catholic monarch -- must be satire. However, Real Catholic TV is genuine. Watch it for yourself... and be amazed.



Notably, Real Catholic TV posted a non-clarifying clarification here.

Quite often, I've heard from my fellow atheists that talk of theocracy in America is absurd. Is it? I think not, and here's why:

  • Much grassroots political activism is driven by religious dogma today, as we've seen up close and personal in Colorado. For example, every group pushing for Colorado's "personhood" amendment is deeply religious: Colorado Right to Life "commits to never compromise on God’s law, 'Do not murder.'" Personhood USA seeks to "honor the Lord Jesus Christ with our lives and actions," and they do so by acting as "missionaries to preborn children."
  • Fundamentalist Christians and their mouthpieces like the American Family Association claim that America was founded as a Christian nation and that the Bible is the foundation for our laws. They do that, even though the Constitution is a thoroughly secular document, even though the 1797 Treaty with Tropoli denied that the US was a Christian nation, and so on. Their strategy of evasion seems to be effective. A 2007 USA Today article reports that "55% [of Americans] believe erroneously that the Constitution establishes a Christian nation." (75% of evangelicals and Republicans thought so.)
  • A slew of well-funded and deeply-motivated Christian groups actively seek to reform America's laws in keeping with the will of God. So the basic mission of Concerned Women for America, for example, is to "bring Biblical principles into all levels of public policy."
So should we dismiss a call for Catholic theocracy as too looney to take seriously? I think not. For too many Christians, the only problem with it is that the culture must be forced to be thoroughly Christian too... oh, and they would vastly prefer their sect to be in power. That's hardly comforting.

Read more...

18 March 2010

Shari'a Law in the West?!

By Gina Liggett

It is difficult to find exact statistics on the numbers of Muslims immigrating to the West from all over the world. I can tell you that in the apartments next door to me there are scores of North African Islamic families, the women wearing traditional head-to-toe cover-up, the families attending the mosque down my street.

But a disturbing fact is emerging: many leaders in immigrant Muslim communities want to pass laws in their new home countries creating a parallel legal system of Shari'a law based on Islamic religious and tribal traditions alongside Western law, which of course is based generally on secular Constitutional principles of individual rights.

The AHA Foundation Exposes Abusive Islamic Practices

This information came to my attention from an organization called the AHA Foundation, which was started in 2007 by the extraordinary Ayaan Hirsi Ali. As I described in my review of her book Infidel, published in the March 2008 edition of American Atheist, Ms. Hirsi Ali escaped a repressive and tortuous Islamic-tribal upbringing in Somalia, refused an arranged marriage, renounced Islam, escaped to Holland, educated herself about Western ideals, and got elected member of Dutch Parliament. She is now a scholar at the American Enterprise Institute and an activist against the repressive anti-human-rights practices of Islam.

The mission of the AHA Foundation is to:

  • Investigate acts of violence against females in the West in the name of Islam;
  • Inform relevant law enforcement, courts, political leaders, journalists, writers, child protection groups, community and civil rights organizations that are active in dealing with domestic violence and in protecting the rights of women and children;
  • Influence policy makers against introducing Shari'a law as a legitimate alternative legal system in the West.
The Misogynistic Practices of Shari'a Law

Many in the Muslim world claim Shari'a law does not come from the Koran. But the more fundamentalist and tribal sects of Islamic immigrants want to import laws that have been interwoven for centuries into their cultural traditions. These barbaric practices overwhelmingly violate the individual rights of females. I often wonder what goes on in the homes of my North African Muslim neighbors.

From the AHA Foundation website, these laws include (I have edited the information for brevity):
  • Child Brides: minors married off to older men.
  • Forced or "Arranged" Marriages: A girl's resistance to this marriage often leads to severe beatings or an "honor" killing.
  • Forbidden Divorces: Women who seek divorce from abusive husbands find they are obstructed by not only their husbands but their fathers, brothers and in-laws, preventing them from seeking or obtaining a divorce. Many of these women often become victims of beatings or honor killings.
  • Loss of Child Custody by the Mother: In many divorce cases the mother is no longer allowed to have custody of her child older than seven. Many western ex-wives of Muslim men find themselves in this position.
  • Guardianship: A woman must always have a male guardian from whom she needs permission for all her activities. This ranges from asking permission to leave the house to seeking permission to sign contracts, accept jobs, etc. This concept applies to all women, and the legal age of maturity in the West is not recognized.
  • House Arrest: Girls and women who are seen to be too liberal or westernized are forbidden to go out of the house without a male escort; resistance to this often leads to punishment or even an "honor" killing.
  • Domestic Slaves: Girls as young as 10 or 11 years who work as housemaids as unpaid domestic slaves. These girls do not go to school. They are often orphans, and their only family often consists of relatives who abuse them. Sometimes they are illegal immigrants.
  • Female Genital Mutilation: This horrific, ultimate example of sexual torture is a world-wide, culturally-sanctioned practice inflicted upon girls between the ages of 4 and 14. Many Muslims argue that the practice has nothing to do with Islam. Female genital mutilation is not in the Koran, but it is included in a Hadith (a saying of the prophet). The fact is, in the West, Muslim communities are almost the only ones that practice it. It is to ensure virginity until the girl's wedding day. The ritual may not be Islamic per se, but it serves the Islamic purpose of ensuring that a girl remains a virgin till she is married.
  • Polygamy: Polygamy is a part of Shari'a law. Those men who practice it may have one civil marriage and, in addition, two or three Shari'a marriages. In the UK, a number of these polygamous marriages are "legally recognized."
  • Honor Beatings: This is a beating of a girl or a woman for refusing to comply with the family code of honor and engaging in behavior deemed by the family to be shameful. Ignoring the rules of house-arrest; resisting a forced marriage; seeking a divorce; dating; dressing in western attire; wearing make-up; or simply taking non-Muslims as friends; these and a whole series of activities are seen as an invitation to be beaten. The beatings are intended to be corrective. If the girl complies, normally punishment ceases.
  • Honor Killings: Honor-killings are mostly pre-meditated and are often carried out with the knowledge and help of family members and other relatives. When the corrective beatings fail to dissuade a girl/woman from complying with the wishes of her family or giving up the behavior they consider shameful, the family may conclude that the only way they can regain the 'honor' lost through the girl's 'shameful' behavior is to kill her. The plotting can take days, weeks, months and even years.
  • Deportations/Kidnapping: Some families or husbands will not go so far as to kill a disobedient daughter or wife. Instead they trick her into going back 'home' (native country) on vacation; then they confiscate her passport and force her into marriage or whatever it is they want her to do. Some families prefer to take a disobedient girl to the country of origin and kill her there, as they can escape punishment for the murder or get a low prison sentence for their action.
It is most noteworthy that Ayaan Hirsi Ali suffered most of these crimes during her life before escaping to the West, including genital mutilation at about the age of nine. What is most shocking and demoralizing is that the women themselves enable the perpetuation of this abuse in their communities, obviously out of fear and lack of power. I call this "Stockholm Syndrome" on a society-wide scale.

Islamic Fundamentalists in the West Push for Shari'a Law

If you think these laws from the Dark Ages aren't invading the West, think again. As one example, in Britain in 2008, Shari'a law has been upheld under a legal maneuver called "arbitration."

Other western countries -- including Canada and the United States -- are being intimidated by certain Islamic leaders to follow suit and have Shari'a law legally enforceable.

The AHA foundation presents a detailed report of specific examples in the West where these practices have in fact occurred.

In No Way Should Shari'a Law Be Allowed to Infect the West

These Muslim communities must not be allowed to create a parallel set of barbaric laws under some Western rationalization of respecting "multiculturalism." A society built upon ideals of upholding individual rights must not enable morally heinous laws that legalize the abuse, sexual torture, or murder of women and girls in the name of religious/cultural practices.

Anyone forcing their daughter to marry an uncle 50 years her senior; tribal women participating in a ritual to mutilate a girl's genitalia; male relatives physically assaulting a girl for wearing jeans; families enslaving a girl to be their housekeeper -- these people should be arrested, prosecuted, and jailed according to U.S. law.

We must fight hard as a culture to preserve the historic greatness embodied in the ideals of American individual rights and freedoms, and not decay into a decrepit mishmash of religious and tribal ritualism.

Read more...

09 February 2009

School Prayer Stupidity

By Greg Perkins

Radio/TV host Glenn Beck had James "Focus on the Family" Dobson on to talk about a recent court decision that a 'moment of silence' rule in a public school was a sham to introduce sectarian religious belief into the classroom.



Beck poses as a victim, asking why it is that the 10% of the country who doesn't believe in God is pushing the other 90% around and forcing their nonbelief down their throats. Believers don't do that, he says, so why not just let people be? Of course, striking down a mandatory moment of silence-or-prayer isn't forcing nonbelief down peoples' throats -- it's only stopping believers from forcing their religion down others' throats via violations of individual rights. Talk about spin. Even purely secular-sounding "moments of silence" only exist because of believers' desire to get God into the classroom to indoctrinate children.

Beck goes on to exaggerate that "it's been deemed unconstitutional to even say the word 'prayer' to our children," and Dobson says that "they just have to eliminate even the possibility that someone might pray." Um, no: the kiddies are free to pray anywhere at any time as long as they aren't being disruptive. What's been deemed unconstitutional is taking money from taxpayers by force to fund schools students are compelled to attend, and then requiring them to do or be indoctrinated in your religion. Reading the text of the ruling, you can see how the judge traces out where and how the line is crossed. (Of course, if we didn't have government schools that people are forced to fund and required to attend, then this would be a non-issue. Don't like your school's policy regarding religious indoctrination? No rights violation there, and you're free to find or form another school. Have a nice day.)

So, does it count as dishonest or just weak-minded when Beck turns to a wider point to claim that "in this country, our rights come from God" and to ask the rhetorical question, "if you take God out of the picture, then where do rights come from?" Oh, I see your point: you don't seek to ram your religion down peoples' throats... but we really do have to make sure your religious ideas are rammed down peoples' throats lest civilization collapse. Got it.

But I'm happy he asks about the basis of rights, because it reminds me that more people need to appreciate the analysis Ayn Rand offered in her classic essay, "Man's Rights":

The concept of individual rights is so new in human history that most men have not grasped it fully to this day. In accordance with the two theories of ethics, the mystical or the social, some men assert that rights are a gift of God -- others, that rights are a gift of society. But, in fact, the source of rights is man's nature.

The Declaration of Independence stated that men "are endowed by their Creator with certain unalienable rights." Whether one believes that man is the product of a Creator or of nature, the issue of man¿s origin does not alter the fact that he is an entity of a specific kind -- a rational being -- that he cannot function successfully under coercion, and that rights are a necessary condition of his particular mode of survival.

"The source of man's rights is not divine law or congressional law, but the law of identity. A is A -- and Man is Man. Rights are conditions of existence required by man's nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational." (Atlas Shrugged)
Once again, the answer to the idea that our options are restricted to either religion or anything-goes subjectivism is that this alternative is malformed. Rather: it is either objectivity and facts, or whim. The right-religious whimsy approach to "rights" is just as wrongheaded and dangerous as the left-secular whimsy approach to "rights."

[HT: Pharyngula, crossposted to Noodlefood.]

Read more...

06 February 2009

13 Year Old Girl Stoned to Death

By Diana Hsieh

The BBC reports on a horrifying case of a young girl stoned to death for being raped:

A young woman recently stoned to death in Somalia first pleaded for her life, a witness has told the BBC.

"Don't kill me, don't kill me," she said, according to the man who wanted to remain anonymous. A few minutes later, more than 50 men threw stones.

Human rights group Amnesty International says the victim was a 13-year-old girl who had been raped. Initial reports had said she was a 23-year-old woman who had confessed to adultery before a Sharia court.

Numerous eye-witnesses say she was forced into a hole, buried up to her neck then pelted with stones until she died in front of more than 1,000 people last week.
That such could happen in this day and age -- anywhere in the world -- is horrifying. Is a worse injustice possible? I think not. Yet such injustices are the inevitable result of blind adherence to religious dogma: the facts of this world do not matter in face of God's will. As one of the Islamic administrators said, "We will do what Allah has instructed us." So they did.

Read more...

30 January 2009

Credit Pilot, Not God

By Diana Hsieh

The Rocky Mountain News published a good letter on the "Miracle on the Hudson" on January 28th:

Credit pilot, not God

Concerning US Airways Flight 1549, we are all elated that there were no deaths. However, several television stations reporting on the incident must have mentioned God more than 40 times as the reason everyone aboard survived.

Why don't we give credit to the real hero, the pilot? His quick thinking and calmness under duress saved many lives.

If there was a God involved, why would he have the plane crash to begin with?

We know that almost all air crashes involve most, if not all, passengers being killed. Do we ever invoke God when people are killed? A quick-thinking pilot and some luck saved all the lives on this particular flight.

Marc Tanenbaum, Longmont
For a more detailed analysis along similar lines, see Greg Perkins' post on NoodleFood.

A legal system -- particularly criminal or tort law -- cannot stand if God were seriously taken to the author of such events: everything would happen as a matter of God's perfect will, and so no person could regard himself as wronged by another. Unless, of course, God wanted you to right the wrong that he permitted to happen -- and then the law becomes an arbitrary game of guessing God's will.

The lesson? Capitalism cannot be grounded in religious faith.

Read more...

21 January 2009

Catholic Ban on Kissing

By Diana Hsieh

Another mind-boggling news story via iFeminists:

In Ultra-Catholic Mexican City, Local Government Bans Public Kissing

MEXICO CITY -- Kissing in public will be punished with fines and even jail time in the central Mexican city of Guanajuato under a new municipal ordinance that also bans begging, using rude words and street peddling. The measure emerged Tuesday from a municipal government controlled by the rightist National Action Party, or PAN, which has been in power at the national level since 2000.

The ordinance also punishes tourism promoters who approach motorists, people who cross streets without using pedestrian bridges, those offering windshield-cleaning services and those who engage in street demonstrations. For example, the law bans "obscene words and attitudes in public places that offend third parties, as well as touching obscenely in public spaces." Those who fail to abide by the ordinance can be punished with 36 hours in jail and fines up to 1,500 pesos ($108).

Paradoxically, one of the tourist attractions of Guanajuato, capital of the likenamed state, is El Callejon del Beso (Kiss Alley), which as its name implies is an alley where, according to legend, visitors kiss in order to enjoy seven years of happiness.

For Mayor Eduardo Romero Hicks, the ordinance is neither excessive nor a form of persecution, and its goal is "to inculcate values and civility" among residents.

Opposition City Councilman Jorge Luis Hernandez does not agree - he told Efe Friday that the PAN measure looks like a "return to the Middle Ages."

He said that the text "lacks legislative accuracy and contains more than 100 errors."

For example, he said, the ordinance forces people to cross streets on pedestrian bridges that are often not suited for use by invalids.

The national leadership of the PAN distanced itself entirely from the Guanajuato ordinance.

In a communique, the party of Mexican President Felipe Calderon said that the "full and responsible exercise of individual freedoms is not only a right guaranteed in the judicial system of our country, but a fundamental condition for democratic coexistence."

Guanajuato is a university town with a rich cultural life where the International Cervantes Festival is held every October.

It is also considered one of the regions where the ultra-Catholic right has the greatest influence.
Two comments:

(1) This law is not as bad as the law against dirty words in public or to minors recently proposed in the United States by a South Carolina state senator. Although a $100 fine is absurd, at least it doesn't carry a possible five-year prison term.

(2) It is not the job of any government to "inculcate values and civility." The only proper function of a government is to protect individual rights to life, liberty, property, and the pursuit of happiness. Laws mandating some conception of virtue violate those rights: each person has a right to live according to his own values, so long as he does not violate the rights of others.

Read more...

19 January 2009

Hot Damn!

By Diana Hsieh

Eugene Volokh reports that South Carolina state senator Robert Ford -- a Democrat -- proposes a bill against "dirty" language, including the following provisions:

It is unlawful for a person in a public forum or place of public accommodation wilfully and knowingly to publish orally or in writing, exhibit, or otherwise make available material containing words, language, or actions of a profane, vulgar, lewd, lascivious, or indecent nature.
And:
It is unlawful for a person to disseminate profanity to a minor if he wilfully and knowingly publishes orally or in writing, exhibits, or otherwise makes available material containing words, language, or actions of profane, vulgar, lewd, lascivious, or indecent nature.
Violating either provision would be a felony -- with the potential for five years in prison: "a person who violates [either provision] is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."

Ah well, at least the Bible would be banned along with Atlas Shrugged -- and almost everything else, including swearing within earshot of your 17-year-old kid.

The bill is currently in committee. While I'm sure it won't go anywhere, the fact that such legislation could even be proposed in 21st century America is mind-boggling.

Read more...

05 January 2009

Conflating Birth Control and Abortion, Again

By Diana Hsieh

Here's a birth control case to keep on the radar:

The Illinois Supreme Court last month gave pro-life pharmacists a victory when it determined that they can proceed with their lawsuit seeking to overturn a mandate Gov. Rod Blagojevich put in place. The governor's order makes them fill all prescriptions, including those for the morning after pill. The pharmacists objected to being forced to fill orders for the drug on both moral and religious grounds and because the Plan B drug can sometimes cause an abortion. The state's high court said the religious objections of pro-life health professionals must be considered by the Illinois courts and sent the case back to the trial court.
(I found this story via the ever-useful iFeminists.net news service.)

By any rational definition, pregnancy begins with the implantation of the fertilized egg in the uterine wall, not fertilization. That's because the significant biological changes to the woman associated with pregnancy begin with implantation, not fertilization. Moreover, starting pregnancy at fertilization would have bizarre implications. For example, a woman undergoing IVF would be pregnant while her fertilized egg remained in the lab, before it was ever implanted in her womb. So pregnancy does begin at implantation, and any method of preventing that implantation is rightly regarded as birth control, not abortion.

Nonetheless, in a free society, pharmacists should have the right to refuse to fill prescriptions that violate their moral principles -- whether those principles are right or wrong. They should not be required by law to become the slave of anyone with a script. Correspondingly, pharmacies should not be held in thrall to the whims of their pharmacists: they should have the absolute right to fire a pharmacist who refuses to fill a prescription.

Tom Bowden of the Ayn Rand Institute offers a similar view in commenting on the Bush administration's attempt to shield anti-abortion and anti-contraceptive doctors from being fired for refusing to deliver such services this past summer. He writes:
This is the kind of political infighting that's inevitable when doctors, hospitals, and patients are denied freedom of contract. Such moral questions have no place in the political arena. Instead, the law should recognize each individual's right to deal, or refuse to deal, with others on a voluntary basis.

For example, a doctor has the right to refuse an employment offer from a Catholic hospital that forbids contraceptives and abortions. But if he takes the job, he has no right to force the hospital to abandon its religious taboos and allow him to perform abortions. Likewise, a hospital has the right to hire only those doctors willing to prescribe contraception and provide abortions. If one of those doctors refuses to perform such services on moral grounds, he must take the contractual consequences.

Patients have the same rights as doctors and hospitals to set their own terms of trade. A pregnant woman contemplating abortion has the right to seek treatment at a hospital whose doctors are unencumbered by religious superstitions about ensoulment at conception. But if that hospital denies her admission, she has no right to demand that the Catholic hospital down the street abort her fetus.

The correct path out of the 'conscience controversy' over abortions and contraceptives is not to adopt new regulations creating 'provider conscience rights.' The solution is for government to recognize and protect the individual rights of all participants in the health-care system. Doctors, hospitals, and patients should be allowed to deal with each other by voluntary agreement, with government's only role to enforce contracts and prevent fraud.
You can find more on that particular federal-level controversy in this PWG post.

Read more...

03 December 2008

The World Of The Framers: A Christian Nation?

By Diana Hsieh

What were the religious views of the major Founding Fathers? University of Chicago law professor Geoffrey Stone answers that question in this excellent podcast. The description reads:

The World Of The Framers: A Christian Nation?

It has become commonplace in American political discourse for Christian evangelicals to assert that the United States was founded as a "Christian nation" and that in recent decades secularists have gained control and distorted our nation's founding traditions and values. In this lecture, Professor Geoffrey Stone examines the beliefs of the Framers on this question. What did they think about Christianity, about the role of Christianity in the American nation, and about the relationship between religion generally and self-governance? The answers to these questions are important not only to constitutional interpretation, but even more fundamentally to an understanding of who we are -- and who we are supposed to be -- as a nation. Geoffrey Stone is Edward H. Levi Distinguished Service Professor at the University of Chicago Law School. This talk was recorded April 21, 2008 as part of the Chicago's Best Ideas lecture series.

Read more...

01 December 2008

Christian Law = Hell on Earth

By Diana Hsieh

The American legal system is built on a foundation of respect for individual rights, particularly the rights of life, liberty, property, and the pursuit of happiness.

Unfortunately, that foundation is only very imperfectly understood and even more poorly implemented. Throughout the history of America, the principle of rights has been corrupted to varying degrees by statist ideals -- worst of all by slavery but also by collectivist claims for the sacrifice of individuals to "the common good," environmentalist demands to sacrifice human life and values to pristine nature, and much more.

Today's list of violations of individual rights is as long as the Federal Register and then some. Yet despite those corruptions, some core respect for individual rights -- for the fact that each individual ought to be free to use his own resources as he sees fit, based on his own independent judgment, without forcible interference from others -- remains in our legal system.

Unfortunately, many Christians seek to inject Christian principles into the American legal system. Christians on the right seek to outlaw abortion and prevent gays from marrying. Christians on the left seek to tax the rich to care for the poor. Neither of those schemes is consistent with the principles of individual rights. Consequently, I -- and the Coalition for Secular Government -- oppose them. However, those schemes are child's play compared to the attempt to wholly remake the American legal system according to Biblical law. For a sample of what that view would entail, read this blog post from Dani, a self-described "right-wing Christian fanatic":

This is how it should be according to the Bible if this were truly a Christian Nation:

YOU SHALL NOT MURDER: Judges will execute those convicted of murder (Gen. 9:6; Ex. 21:12-14; 20:13; Lev. 24:17, 21; Num. 35:16-21, 31; Deut. 19:11-13; 1Ki. 18:22, 39-40; 1 Tim. 1:8-10) including those euthanizing, starving, or aborting (Ex. 21:22-23) human beings from the moment of fertilization to natural death. Judges will flog those guilty of assault and impose restitution for lost income and medical expenses (Ex. 21:18-19), and for permanent injury also require an eye for an eye, tooth for tooth, hand for hand, foot for foot, burn for burn, life for life (Lev. 24:19-20). Judges will carry out all corporal and capital punishments swiftly and painfully, within twenty-four hours of conviction; and limit floggings to forty blows (Deut. 25:1-3; Lev. 24:19-20; 19:16-21; 1 Pet. 2:20). Judges will not convict for the use of force in defense of property and the innocent, in escalation to match the perceived threat up to lethal force; nor for purely accidental homicide (Deut. 19:4); will execute those guilty of negligent homicide (Ex. 21:28-30; Deut. 22:8); and flog those who could have avoided otherwise accidental homicide, and anyone committing revenge killing (Num. 35:26-27) of those guilty of capital crimes.

YOU SHALL NOT COMMIT ADULTERY: Judges will execute those convicted of bestiality (Ex. 22:19; Lev. 20:15-16); those convicted of incest including with in-laws (Lev. 11-12, 14-15, 17, 19-21); of homosexual acts (Lev. 18:22, 29; 20:13); of child molestation; of kidnapping or rape (Ex. 21:15-16; Deut. 22:25-27; 24:7); and of adultery with a married woman (Lev. 20:10; Deut. 22:22; Ex. 20:14). Judges will flog those convicted of fornication; of public use of vulgar sexual and excretory language; of sexually suggestive dress or behavior; of intoxication; and of possession of pornography. Judges will flog more severely those convicted of transvestism; of public nudity; and of distributing pornography. And judges will flog more severely still those convicted of prostitution; of producing pornography for any use; and of sexual acts in public places.

YOU SHALL NOT STEAL: Judges will flog and require restitution for convicted thieves, negligent recipients of stolen goods, and those who violate contracts (Deut. 25:1‑3). Judges will impose double restitution for recovered goods, the return of the goods plus one-hundred percent value (Ex. 22:4, 7-9; 20:15); quadruple for destroyed or sold goods; quintuple for intellectual, irreplaceable and sentimental goods (Ex. 22:1); seven times for insignificant goods (Prov. 6:30-31); and twenty percent for voluntarily surrendered goods (Lev. 6:1-7). The judge shall impose corporal punishment and life for life penalties for collateral damage from any crime, including bodily injury resulting from the destruction of property which warrants greater than even restitution. A person or his resources causing unforeseeable or unavoidable property damage including by natural disaster without negligence shall pay no restitution, or with negligence shall pay even restitution. Persons taking shared risk shall pay mutual restitution (Ex. 21:32-36; Lev. 24:18). Avoidable accident without negligence, including the malfunction of a maintained resource requires even restitution but with negligence, including by a neglected resource demands double restitution. Gross negligence requires quadruple restitution and intentional destruction demands quintuple restitution. Excepting those executed, judges will sentence those who cannot pay restitution, to indentured servitude for up to seven years with the victim receiving all service or earnings.

YOU SHALL NOT BEAR FALSE WITNESS: Judges will punish those convicted of perjury, false confession, credible threat, conspiracy, abbeting, attempt, fully as though they had personally committed the crime (Deut. 19:16-21; 2 Sam. 1:15-16; Ex. 20:16). Judges will flog and impose restitution on those convicted of slander. Judges will flog those in contempt of court, and execute those guilty of treason and violators of court orders which protect victims (Deut. 17:12-13). A man is not innocent until proven guilty. He is guilty the moment he commits a crime, but presumed innocent (Deut. 22:22-27) in court until convicted. Convicting the innocent and acquitting the guilty are equally unjust (Pro. 17:15). A judge at his discretion, suspends the rights of liberty including the use of weapons, for the credibly accused, and mandatorily confines one facing a likely sentence of maiming or capital punishment, until the rendering of a verdict. Reasonable evidence from two or three witnesses, whether from eyewitnesses, physical, or strong circumstantial evidence, shall suffice for conviction; individual rights shall not supersede the judge's God-given right to impose punishment on the guilty. Judges shall not grant nor have special immunity from prosecution; shall not give more lenient punishment to minors; shall not give special recognition to lawyers or experts in the law; may observe and advise other judges during trial; shall not allow witnesses to swear or give an oath (James 5:12, Mat. 5:34-37; 2 Cor. 1:17); and shall question witnesses directly. Judges shall not accept no-contest pleas or bargains; shall punish criminals for all collateral damage; shall permit witnesses and victims to participate in punishment (Deut. 13:9; 17:7); and shall show no mercy to the guilty (Num. 35:31; Deut. 19:13, 21; Pro. 6:30-31).

America's Criminal Code shall be enforced by the King as authorized in The Constitution of America.
Dani is right about one thing: that's what it would mean for America to be a "Christian nation." And that's why all freedom-loving people -- whether Christian or not -- must fight to strengthen the respect for individual rights in the American legal system. If American law is remade in the image of scripture, the result would be the worst kind of tyrannical hell on earth.

Read more...

03 October 2008

Freedom of Speech, Only for Pastors

By Diana Hsieh

The mission statement of the Coalition for Secular Government reads, in part:

We oppose any special exemptions or privileges based on religion by government, such as exemptions for churches from the tax law applicable to other non-profits.
What does that mean? It means that religious non-profits should be subject to the same laws as secular non-profits. They should not be granted any special exemptions just because they advocate faith in and obedience to a supernatural being. Some of those laws might be unjust -- like the campaign finance laws that restrict freedom of speech. Yet so long as such laws exist, they should apply to every non-profit, without regard to their particular ideas and activities. Secular groups should not be forced to suffer under them, while religious groups are exempted from them. That would be unjust discrimination.

Unfortunately, churches in America are seeking special exemptions for themselves rather than justice for all -- as explained in this NY Times article:
Defying a federal tax law they consider unjust, 33 ministers across the country will take to their pulpits this Sunday and publicly endorse a candidate for president.

They plan to then send copies of their sermons to the Internal Revenue Service, hoping to provoke a challenge to a law that bars religious organizations and other nonprofits that accept tax-deductible contributions from involvement in partisan political campaigns.

The protest, called Pulpit Freedom Sunday, was organized by the Alliance Defense Fund, a consortium of Christian lawyers that fights for conservative religious and social causes. When the fund first announced the protest this year, it said it planned to have 50 ministers taking part. As of Thursday it said it had hundreds of volunteers, but had selected only 33 who were fully aware of the risks and benefits.
...
The protest is challenging an amendment to the tax code passed by Congress in 1954 saying that charitable organizations known as 501(c)(3)'s, which accept tax-deductible contributions, cannot intervene in political campaigns. The legislation was intended to prevent nonprofit organizations from funneling money and resources to political candidates.
Here's what these churches -- and the Alliance Defense Fund -- ought to do: they ought to fight for the total repeal of these unjust campaign finance laws. They ought to join with secular groups in that cause. They ought to refuse to accept freedom of speech for religious non-profits while secular non-profits are bound and gagged. That's a cause that the Coalition for Secular Government would wholeheartedly support.

Instead, the Alliance Defense Fund seeks only to "protect the First Amendment rights of pastors in the pulpit." They aim to give religious groups a decided advantage in the public square -- via forcible government constraints on their opponents. That's wrong -- morally wrong. It should be opposed.

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25 September 2008

Pro-Life Catholics Against Amendment 48

By Diana Hsieh

The Rocky Mountain News recently published a letter to the editor from a self-described "pro-life" Catholic obstetrician urging a "no" vote on Colorado's Amendment 48, the ballot measure that would grant full legal rights to fertilized eggs. Dr. Thomas Moffatt writes:

As a Catholic and retired pro-life obstetrician, I am very concerned about Amendment 48. I am concerned, in a pluralistic, democratic society, about imposing my religious beliefs on another. There is, then, nothing to stop others from imposing their beliefs on me. But from a purely medical and pro-life point of view, how can I impose my beliefs on another to the point that women can and will die?

I have been faced with situations in my years of practice in which I had to decide if one person or two would die. Two prime examples are ectopic - or tubal - pregnancies, and infected pregnancies. Must we now allow a woman to die if she is hemorrhaging from a ruptured fallopian tube? Should both the mother and child die in the case of an infected pregnancy, which often, sadly, occurs in the middle trimester?

Will a physician, in saving a woman's life, be subject to criminal prosecution? We know some prosecutor will, eventually, try to make a name for himself by charging a physician with manslaughter or worse.

Please vote against Amendment 48.
Dr. Moffatt is right. Amendment 48 would endanger the lives of pregnant women, just as the ban on abortion in Nicaragua has done. To learn more about the practical effects of the Nicaraguan ban, read "Over Their Dead Bodies: Denial of Access to Emergency Obstetric Care and Therapeutic Abortion in Nicaragua," an issue paper published by Human Rights Watch. In Nicaragua, women suffer and die needlessly from the complications of pregnancy, despite government edicts directing doctors to offer them proper medical care. What doctor wants to risk a murder charge, after all?

Frighteningly, Amendment 48 might forbid any medical treatment that might harm the embryo/fetus, even when the woman's life and health might be at risk. Why? Because the amendment isn't a clear ban on abortion. Instead, it's a statement of rights: the embryo/fetus would be granted an equal right to life as the pregnant woman, whether viable or not. So the courts might decide -- based on lawsuits from the "Fetus First!" types behind the measure -- that the woman cannot kill the innocent person inside her, even to save her own life. That's unlikely, but possible. We can't know in advance because Amendment 48 would force the hopeless task of attempting to negotiate between the genuine rights of the woman and the fictional rights of the embryo/fetus on the Colorado courts.

For more on the legal consequences of Amendment 48, see CSG's own issue paper "Amendment 48 Is Anti-Life: Why It Matters That a Fertilized Egg Is Not a Person" by Ari Armstrong and myself.

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08 September 2008

Every Sperm is Sacred, Every Egg Divine

By Gina Liggett

Evangelical Christian in several states have tried to get a "personhood" amendment on the ballot. Colorado is the first state where this effort have been successful. Colorado's Amendment 48 would grant "inalienable rights, equality of justice, and due process of law" to a fertilized egg.

"The Coalition for a Secular Government" has produced an excellent position paper written by Ari Armstrong and Diana Hseih that describes in detail why this amendment is wrong, immoral, impractical and disastrous.

But to highlight how absurd this amendment really is, it is necessary to take the next step in line with religious belief: We must go further back in the reproductive process and grant full rights to sperm and eggs. After all, they are the necessary and sufficient prerequisites for creating a human life.

The Catholic Church has unequivocally established the doctrine for this idea. In Pope Paul IV's 1968 Encyclical Letter on the Regulation of Birth, he spells out that married couples may not use any form of artificial means to control their fertility, and are permitted only to avoid pregnancy by chaste refrain from sexual intercourse.

He explains that it is "natural law" from the will of God that regulates reproduction: "The fact is, as experience shows, that new life is not the result of each and every act of sexual intercourse. God has wisely ordered laws of nature and the incidence of fertility in such a way that successive births are already naturally spaced through the inherent operation of these laws."

The Church commands that the "...exercise of responsible parenthood requires that husband and wife, keeping a right order priorities, recognize their own duties toward God, themselves, their families and human society... From this it follows that they are not free to act as they choose in the service of transmitting life, as if it were wholly up to them to decide what is the right course to follow."
So, not only is it a sin for couples to control their fertility by conscious choice, they must be open to the church teaching that "...each and every marital act must of necessity retain its intrinsic relationship to the procreation of human life." That is: every sperm and every egg is sacred, and humans must not violate the natural law of God in any way that could prevent a pregnancy.

On the basis of this doctrine, the Church speaks to governments to enforce this: "And now We wish to speak to rulers of nations... The family is the primary unit in the state; do not tolerate any legislation which would introduce into the family those practices which are opposed to the natural law of God."

In keeping with this doctrine, the Church speaks to medical scientists: "It is supremely desirable...that medical science should by the study of natural rhythms succeed in determining a sufficiently secure basis for the chaste limitation of offspring."

And the Church speaks to doctors and nurses: "Likewise we hold in the highest esteem those doctors and members of the nursing profession... when married couples ask for their advice, they may be in a position to give them right counsel and to point them in the proper direction."

Colorado for Equal Rights would be wrong according to the Catholic Church ruling by promoting rights for a fertilized egg. The Evangelicals should push for granting rights to eggs and sperm in compliance with "natural law."

And if the Catholic Church ruled much of the world (like they used to), the government, the scientists and the medical professionals would be obligated to enforce Church law.

Is this the world you want? Do you value the freedom of our secular society to make private choices about your fertility and sexual relations with your spouse?

This is one of the reasons why we have the Separation of Church and State as explicitly stated in the First Amendment to the U.S. Constitution.

Religion enmeshed with politics leads to tyranny. The church--whether it be the Catholic Church or politically-active Evangelical Christians--is nothing more than certain people gaining power over others to control our most personal life decisions according to their religious beliefs.

They have no right to do that. And as free citizens of a secular, reason-based society, we must make sure that they don't.

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06 September 2008

Gazette Slights Atheists

By Ari

(Reposted:) The generally-thoughtful Gazette of Colorado Springs gets off track in a recent editorial. While there's much wrong with the piece, I want to focus on one particular paragraph:

This column has advocated religious liberties for atheists, citing case law that defines atheism as just another religion - as in just another unproven and forever unprovable belief. This column has applauded a federal court ruling that forced prison wardens to allow prisoners an atheist study session. The court allowed the study session for the same reason wardens allow Bible study meetings: atheism is a religion, therefore subject to protections and restrictions of the First Amendment.
Notice the subjectivism inherent in this view. The editorial presumes that religion is superior to atheism, yet all religious beliefs boil down to "unproven and forever unprovable" beliefs. In other words, the point of religion is not to get to the truth, but to promote some particular and entirely arbitrary position. Later, the editorial explicitly invokes ignorance to "justify" religious beliefs. This shows an irony common among Christians. Christians blast atheism as subjectivist and relativistic, yet many of these same Christians ultimately rest their case on subjectivism and relativism (and all of them implicitly do so).

What is needed is an alternative that is neither faith-based nor subjectivist, but based on the objective facts of reality. True, we don't know everything about reality, but we can know a lot, and we can continually expand our real knowledge. With the advances particularly of Aristotle and Ayn Rand, we have available to us an objective moral foundation.

As for the First Amendment, atheism is not protected because it is "just another religion." That amendment states, "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..." The principle is that the government ought neither promote nor hinder religion. Instead, the government's job is to protect individual rights. Freedom of conscience is the broader principle inherent in the First Amendment, and this properly applies to all ideas, not just religious ones. However, while it's wrong for government to force the religious to finance non-religious ideas, the First Amendment expressly limits government support for religion.

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