RE: Catholic Charities Not Bending the Knee to Baal

2006-03-12 Thread Newsom Michael








The right thing to do? I am not so sure.
You did say that some children will suffer. Is that a good thing? Oops. This
discussion probably belongs off-list.











From: Rick Duncan
[mailto:[EMAIL PROTECTED]] 
Sent: Friday, March 10, 2006 11:15
PM
To: Law
  Religion issues for Law Academics
Subject: Catholic Charities Not
Bending the Knee to Baal







From the Boston
Globe:

















The Boston
Archdiocese's Catholic Charities said Friday it would stop providing adoption
services because state law requires them to consider gays and lesbians as
parents.











The social services arm of the Roman Catholic
archdiocese has provided adoption services for about a century. But it says
state law allowing gays to adopt runs counter to church teachers on
homosexuality.











The world was very different when Charities
began this ministry at the threshold of the twentieth-century, the Rev.
J. Bryan Hehir and trustees chairman Jeffrey Kaneb said in a joint statement.
The world changed often and we adapted the ministry to meet changing
times and ! needs. At all times we sought to place the welfare of children at
the heart of our work.











But now, we have encountered a dilemma we cannot
resolve, they said.











The state's four Catholic bishops said earlier this
month that the law threatens the church's religious freedom by forcing it to do
something it considers immoral

















This was the right move for the Archdiocese to make. Really, it was the
only move they could make. It's sad that many children will suffer, but the
Archdiocese has to obey its conscience.









Rick Duncan 
Welpton Professor of Law 
University of Nebraska
College of Law 
Lincoln, NE
 68583-0902












When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone. C.S.Lewis, Grand Miracle

I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered. --The Prisoner











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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread RJLipkin





In a message dated 3/10/2006 11:16:20 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  This was the right move for the Archdiocese to make. Really, it was the 
  only move they could make. It's sad that many children will suffer, but the 
  Archdiocese has to obey its conscience.
Isn't this precisely symmetrical to 
religions opposed to interracial adoption? Or is the point that opposition 
tointerracial adoption is irrational while opposition to adoption by gays 
is not? 

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Susan Brassfield Cogan


At 07:32 AM 3/11/2006, you wrote:
In a message dated
3/10/2006 11:16:20 PM Eastern Standard Time, [EMAIL PROTECTED]
writes:


This was the right move for the Archdiocese to make. Really, it was
the only move they could make. It's sad that many children will suffer,
but the Archdiocese has to obey its conscience.


 Isn't this precisely symmetrical to
religions opposed to interracial adoption? Or is the point that
opposition to interracial adoption is irrational while opposition to
adoption by gays is not? 

Bobby

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
in my opinion it *is* precisely symmetrical because interracial marriages
were considered immoral. The arguments against gay marriage are entirely
recycled from another era.
Susan




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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
I believe the Church properly sees race as irrelevant to sexuality and family formation. But homosexuality is much different from race.Here is the current Pope's position on adoption by homosexual couples:But a conflict between the Catholic bishops of Massachusetts and Beacon Hill has been evolving for several decades, as state policy makers have adopted an increasingly expansive view of gay rights, starting with a nondiscrimination measure in 1989 and culminating in 2004, when Massachusetts became the only state in the nation to legalize same-sex marriage  .  At the same time, the Vatican, often guided by the theologian who is now Pope Benedict XVI, became increasingly alarmed at the growing tolerance of homosexuality in the West, and in 2003 Benedict issued a doctrinal statement opposing same-sex unions and declaring that ''allowing children to be adopted by persons living in such unions!
  would
 actually mean doing violence to these children, in the sense that their condition of dependency would be used to place them in an environment that is not conducive to their full human development." Link.Obviously, millions ofreasonable people of good will believe that Benedict XVI is acting rationally and in good faith. My point--which focused only on thereligious liberty issue--was that when faced with a choice between obeying God or Caesar, the Church must obey God. That is what the Church did in this case. It chose to get out of the adoptionministry rather than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make.Cheers, Rick Duncan[EMAIL PROTECTED] wrote:  In a message dated 3/10/2006 11:16:20 PM Eastern Standard Time, [EMAIL PROTECTED] writes:This was the right move for the Archdiocese to make. Really, it was the only move they could make. It's sad that many children will suffer, but the Archdiocese has to obey its conscience.  Isn't this precisely symmetrical to religions opposed to interracial adoption? Or is the point that opposition tointerracial adoption is irrational while opposition to adoption by gays is not? BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will !
 not be
 pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
Whoops! The link in my previous post to the Pope's views about homosexual adoption did not work. Here is the correctedlink.Cheers, Rick[EMAIL PROTECTED] wrote:  In a message dated 3/10/2006 11:16:20 PM Eastern Standard Time, [EMAIL PROTECTED] writes:This was the right move for the Archdiocese to make. Really, it was the only move they could make. It's sad that many children will suffer, but the
 Archdiocese has to obey its conscience.  Isn't this precisely symmetrical to religions opposed to interracial adoption? Or is the point that opposition tointerracial adoption is irrational while opposition to adoption by gays is not? BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list memb!
 ers can
 (rightly or wrongly) forward the messages to others.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread RJLipkin





In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  My point--which focused only on thereligious liberty 
  issue--was that when faced with a choice between obeying God or Caesar, 
  the Church must obey God. That is what the Church did in this case. It chose 
  to get out of the adoptionministry rather than stay in and disobey God. 
  That is clearly the right decision--indeed the only decision--for a 
  religious body to make. (boldface 
added)

We know that religions 
evolve even in fundamental ways. The Church of Jesus Christ of Latter Day Saints 
once had a prohibition (I think) against blacks becoming bishops. I suspect such 
changes have occurredin other religions also. If so, why is this the "only 
decision" for a Church to make? Why isn't another conceivable position to 
rethink the Church's opinion of this matter? I'm not suggesting that the 
Catholic church is likely to do so, but then what is it about the Catholic 
Church (and perhaps certain kinds of religions generally) that make it 
impossible for them to respond to changes in law, customs, or non-Catholic 
morality with the attitude expressed by "Well, let's examine the issue." My 
question is not onlywhether should the Church adopt this attitude, but 
what about the Church prevents it from taking this proposal seriously?

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
Bobby: I am not a Catholic theologian (but the current Pope is a very serious theological scholar). But a very quick answer, based upon my knowledge of Scripture, is to say that homosexuality, unlike race,strikes atthe very essence of the Created Order, from Genesis 1 to the teachings of Jesus in the New Testament.I would leave mychurch and join another, ifmy churchsuddenlydiscovered thatthe Bible's teachings about human sexuality and marriage and family were no longer true. In my opinion,my church would no longer be a "Christian" church if itadopted such a theology. This, of course, is exactly what is happening in some mainline Protestant churches today. The issue is whether we should believe God's moral teachings or the moral teachings of secular elites. That is an easy choice for me, as it appears to be for Benedict XVI.Cheers, Rick  !
  
 [EMAIL PROTECTED] wrote:  In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes:My point--which focused only on thereligious liberty issue--was that when faced with a choice between obeying God or Caesar, the Church must obey God. That is what the Church did in this case. It chose to get out of the adoptionministry rather than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make.
 (boldface added)We know that religions evolve even in fundamental ways. The Church of Jesus Christ of Latter Day Saints once had a prohibition (I think) against blacks becoming bishops. I suspect such changes have occurredin other religions also. If so, why is this the "only decision" for a Church to make? Why isn't another conceivable position to rethink the Church's opinion of this matter? I'm not suggesting that the Catholic church is likely to do so, but then what is it about the Catholic Church (and perhaps certain kinds of religions generally) that make it impossible for them to respond to changes in law, customs, or non-Catholic morality with the attitude expressed by "Well, let's examine the issue." My question is not onlywhether should the Church adopt this attitude, but what about the Church prevents it from taking this proposal seriously?!
  
   BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or!
  Mordred:
 middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Steven Jamar
Slavery was prevalent in biblical times and many references were cited to support slavery.  And so, Rick, are you saying that you will only join a church that sides with the South in the Civil War on the slavery issue because the Bible says so?  Or is it that interpretations have changed or that permission is not the same as mandate?It seems to me that at the very least homosexuality existed in Biblical times and that should tell us that it is something pretty normal across a big population.So far as religion and law are concerned, isn't this an area where we see a serious disconnect and problems with faith-based grants supporting what is unconstitutional in some instances and supporting what is against public policy (including health policy) in others?SteveOn Mar 11, 2006, at 12:26 PM, Rick Duncan wrote:Bobby: I am not a Catholic theologian (but the current Pope is a very serious theological scholar). But a very quick answer, based upon my knowledge of Scripture, is to say that homosexuality, unlike race, strikes at the very essence of the Created Order, from Genesis 1 to the teachings of Jesus in the New Testament.     I would leave my church and join another, if my church suddenly discovered that the Bible's teachings about human sexuality and marriage and family were no longer true. In my opinion, my church would no longer be a "Christian" church if it adopted such a theology. This, of course, is exactly what is happening in some mainline Protestant churches today. The issue is whether we should believe God's moral teachings or the moral teachings of secular elites. That is an easy choice for me, as it appears to be for Benedict XVI.     Cheers, Rick   !         [EMAIL PROTECTED] wrote:  In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes:My point--which focused only on the religious liberty issue-- was that when faced with a choice between obeying God or Caesar, the Church must obey God. That is what the Church did in this case. It chose to get out of the adoption ministry rather than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make. (boldface added)We know that religions evolve even in fundamental ways. The Church of Jesus Christ of Latter Day Saints once had a prohibition (I think) against blacks becoming bishops. I suspect such changes have occurred in other religions also. If so, why is this the "only decision" for a Church to make? Why isn't another conceivable position to rethink the Church's opinion of this matter? I'm not suggesting that the Catholic church is likely to do so, but then what is it about the Catholic Church (and perhaps certain kinds of religions generally) that make it impossible for them to respond to changes in law, customs, or non-Catholic morality with the attitude expressed by "Well, let's examine the issue." My question is not only whether should the Church adopt this attitude, but what about the Church prevents it from taking this proposal seriously?!      Bobby     Robert Justin LipkinProfessor of LawWidener University School of LawDelaware___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902     "When the Round Table is broken every man must follow either Galahad or!  Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner 		Relax. Yahoo! Mail virus scanning helps detect nasty viruses!___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.  -- Prof. Steven D. Jamar                                 vox:  202-806-8017Howard University School of Law                       fax:  202-806-84282900 Van Ness Street NW                        mailto:mailto:[EMAIL PROTECTED]Washington, DC  20008      http://www.law.howard.edu/faculty/pages/jamar"When I grow up, I too will go to faraway places, and when I grow old, I too will live by the sea.""That is all very well, little Alice," said her grandfather, "but there is a third thing you 

Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread RJLipkin





In a message dated 3/11/2006 12:27:28 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
The 
  issue is whether we should believe God's moral teachings or the moral 
  teachings of secular elites. That is an easy choice for me, as it appears to 
  be for Benedict XVI.
Rick, isn't the 
question--at least for religionists--what are "God's moral teachings" and who 
gets to decide this? I too am not a Catholic theologian, but a Catholic once 
told me that the Pope became infallible in the 16th or 17th century. If so, the 
choice of Pope as the authoritative interpreter of Catholic faith and morals was 
not a feature of the original Church and is arguably man, not God,made. 


Perhaps there's too great a 
gulf here, but I try to understand those who condemn homosexuality as immoral, 
and if I were compelled to do so, I suppose I could construct a relatively 
plausible argument against same-sex marriage. I wonder whether Christians (and 
here again I speak as an outsider) who cherish love and understanding can 
construct a relatively plausible argument that includes homosexuality as part of 
the "essence of the Created Order."

As for "Christianity" I am 
certainly incompetent to attempt to explicate its meaning. But wasn't 
slavery and segregation argued for on the same grounds as being required by 
Christianity?

I suppose Rick 
mightfind tedious the argument comparing the condemnation of same-sex 
marriage with the condemnation ofmiscegenation.The comparison 
overlooks, of course, what he takes to bea morally relevant difference 
between the two. But it's difficult for many of us to appreciate what this 
relevant difference is on moral grounds. And so the gulf probably is too 
wide.

One final point. The 
use of "secular elites," in my view, is unfair. There are many 
Christians--even Catholics--who reject the Pope's morality, and many secularists 
who agree with it. I doubt that theproponents and opponents of same-sex 
marriage can be clearly distinguishedas secularists and 
religionists.

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Paul Finkelman




Rick; aren't you cherry picking? There is one line in Lev. restated in Deut.
saying men should not lie down with men, like women. The Bible devotes far
more effort to ordering the execution of witches or dietary rules or how
to conduct animal burnt offerings. It is hard to see how you think homosexuality
is so central to Biblical law. Isn't this really about politics?

Rick Duncan wrote:

  Bobby: I am not a Catholic theologian (but the current Pope is a very
serious theological scholar). But a very quick answer, based upon my knowledge
of Scripture, is to say that homosexuality, unlike race,strikes atthe very
essence of the Created Order, from Genesis 1 to the teachings of Jesus in
the New Testament.
  
  
  
  I would leave mychurch and join another, ifmy churchsuddenlydiscovered
thatthe Bible's teachings about human sexuality and marriage and family
were no longer true. In my opinion,my church would no longer be a "Christian"
church if itadopted such a theology. This, of course, is exactly what is
happening in some mainline Protestant churches today. The issue is whether
we should believe God's moral teachings or the moral teachings of secular
elites. That is an easy choice for me, as it appears to be for Benedict XVI.
  
  
  
  Cheers, Rick
  
  !  
   
  
  
  
  
  
  [EMAIL PROTECTED] wrote:
  
  
 

  
  
  
In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time,
[EMAIL PROTECTED] writes:
  
  
  My point--which focused only on thereligious liberty issue--was
that when faced with a choice between obeying God or Caesar, the Church must
obey God. That is what the Church did in this case. It chose to get out of
the adoptionministry rather than stay in and disobey God. That is
clearly the right decision--indeed the only decision--for a religious body
to make.  (boldface added)
  

  
  
We know that religions evolve even in fundamental ways.
The Church of Jesus Christ of Latter Day Saints once had a prohibition (I
think) against blacks becoming bishops. I suspect such changes have occurredin
other religions also. If so, why is this the "only decision" for a Church
to make? Why isn't another conceivable position to rethink the Church's opinion
of this matter? I'm not suggesting that the Catholic church is likely to
do so, but then what is it about the Catholic Church (and perhaps certain
kinds of religions generally) that make it impossible for them to respond
to changes in law, customs, or non-Catholic morality with the attitude expressed
by "Well, let's examine the issue." My question is not onlywhether should
the Church adopt this attitude, but what about the Church prevents it from
taking this proposal seriously?!  
   

  
Bobby
  

  
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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  Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
  
  
  
  
"When the Round Table is broken every man must follow either Galahad or! 
 Mordred:  middle things are gone." C.S.Lewis, Grand Miracle
  
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."
--The Prisoner
  
   		
  Relax. Yahoo! Mail  virus
scanning helps detect nasty viruses! 
  

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-- 
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Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Steven Jamar
I suppose it is about time to start stoning people to death as taught in the old testament . . . .As noted by Bobby Lifkin, perhaps the gulf is just too wide.  Outsiders see gross and inexplicable inconsistencies that insiders see as obviously correct and consistent positions.I think the Solomon Amendment is a good analogy in pointing out how one does not want to need to conform to norms established by the state or others -- but we do so -- The military exclusion of gays is somewhat like racial discrimination by private firms, but there are at least two differences:  private v. public; and it is the military.SteveOn Mar 11, 2006, at 1:07 PM, Paul Finkelman wrote: Rick; aren't you cherry picking?  There is one line in Lev. restated in Deut. saying men should not lie down with men, like women. The Bible devotes far more effort to ordering the execution of witches or dietary rules or how to conduct animal burnt offerings.  It is hard to see how you think homosexuality is so central to Biblical law.  Isn't this really about politics?  Rick Duncan wrote:   Bobby: I am not a Catholic theologian (but the current Pope is a very serious theological scholar). But a very quick answer, based upon my knowledge of Scripture, is to say that homosexuality, unlike race, strikes at the very essence of the Created Order, from Genesis 1 to the teachings of Jesus in the New Testament. I would leave my church and join another, if my church suddenly discovered that the Bible's teachings about human sexuality and marriage and family were no longer true. In my opinion, my church would no longer be a "Christian" church if it adopted such a theology. This, of course, is exactly what is happening in some mainline Protestant churches today. The issue is whether we should believe God's moral teachings or the moral teachings of secular elites. That is an easy choice for me, as it appears to be for Benedict XVI. Cheers, Rick !       [EMAIL PROTECTED] wrote:   In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes:  My point--which focused only on the religious liberty issue-- was that when faced with a choice between obeying God or Caesar, the Church must obey God. That is what the Church did in this case. It chose to get out of the adoption ministry rather than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make.  (boldface added)  We know that religions evolve even in fundamental ways. The Church of Jesus Christ of Latter Day Saints once had a prohibition (I think) against blacks becoming bishops. I suspect such changes have occurred in other religions also. If so, why is this the "only decision" for a Church to make? Why isn't another conceivable position to rethink the Church's opinion of this matter? I'm not suggesting that the Catholic church is likely to do so, but then what is it about the Catholic Church (and perhaps certain kinds of religions generally) that make it impossible for them to respond to changes in law, customs, or non-Catholic morality with the attitude expressed by "Well, let's examine the issue." My question is not only whether should the Church adopt this attitude, but what about the Church prevents it from taking this proposal seriously?!    Bobby     Robert Justin Lipkin Professor of Law Widener University School of Law Delaware___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.Rick Duncan  Welpton Professor of Law  University of Nebraska College of Law  Lincoln, NE 68583-0902  "When the Round Table is broken every man must follow either Galahad or!  Mordred:  middle things are gone." C.S.Lewis, Grand Miracle   "I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner   		  Relax. Yahoo! Mail  virus scanning helps detect nasty viruses!   ___
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Rick Duncan
I don't want to argue Catholic (or Protestan)ttheology on list. Let me just say that many students of the Bible believe that it is not so much what the Bible says is evil that definesmarriage as a one-flesh, dual-gender relationship. Rather, it is what the Bible says is the goodof marriage and of true sexual union.Are their any examples in the Bible in which same-sex "marriages" or homosexual families are displayed asan ideal of sexual union and family life? In its adoption ministry, the Church is concerned about what is the good of family life for children, not whether to stone sinners for sexual sins.RickSteven Jamar [EMAIL PROTECTED] wrote:  I suppose it is about time to start stoning people to death as t!
 aught in
 the old testament . . . .As noted by Bobby Lifkin, perhaps the gulf is just too wide. Outsiders see gross and inexplicable inconsistencies that insiders see as obviously correct and consistent positions.I think the Solomon Amendment is a good analogy in pointing out how one does not want to need to conform to norms established by the state or others -- but we do so -- The military exclusion of gays is somewhat like racial discrimination by private firms, but there are at least two differences: private v. public; and it is the military.Steve  On Mar 11, 2006, at 1:07 PM, Paul Finkelman wrote:  Rick; aren't you cherry picking? There is one line in Lev. restated in Deut. saying men should not li!
 e down
 with men, like women. The Bible devotes far more effort to ordering the execution of witches or dietary rules or how to conduct animal burnt offerings. It is hard to see how you think homosexuality is so central to Biblical law. Isn't this really about politics?Rick Duncan wrote:Bobby: I am not a Catholic theologian (but the current Pope is a very serious theological scholar). But a very quick answer, based upon my knowledge of Scripture, is to say that homosexuality, unlike race,strikes atthe very essence of the Created Order, from Genesis 1 to the teachings of Jesus in the New Testament.I would leave mychurch and join another, ifmy churchsuddenlydiscovered thatthe Bible's teachings about human sexuality and marriage and family were no longer true. In my opinion,my church woul!
 d no
 longer be a "Christian" church if itadopted such a theology. This, of course, is exactly what is happening in some mainline Protestant churches today. The issue is whether we should believe God's moral teachings or the moral teachings of secular elites. That is an easy choice for me, as it appears to be for Benedict XVI.Cheers, Rick  !   [EMAIL PROTECTED] wrote:In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes:My point--which focused only on thereligious liberty issue--was that when faced with a choice between obeying God or Caesar, the Church must obey God. That is what the Church did in this case. It chose to get out of the adoptionministry rather than stay in and disobey God. That is clearly the right decision--indeed the only decision--for a religious body to make. (boldface added)  We know that religions evolve even in fundamental ways. The Church of Jesus Christ of Latter Day Saints once had a prohibition (I think) against blacks becoming bishops. I suspect such changes have occurredin other religions also. If so, why is this the "only decision" for a Church to make? Why isn't another conceivable position to rethink the Church's opinion of this ma!
 tter? I'm
 not suggesting that the Catholic church is likely to do so, but then what is it about the Catholic Church (and perhaps certain kinds of religions generally) that make it impossible for them to respond to changes in law, customs, or non-Catholic morality with the attitude expressed by "Well, let's examine the issue." My question is not onlywhether should the Church adopt this attitude, but what about the Church prevents it from taking this proposal seriously?! BobbyRobert Justin LipkinProfessor of LawWidener University School of LawDelaware___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or! Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner  Relax. Yahoo! Mail virus scanning helps detect nasty viruses! ___  To 

Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Steven Jamar
On Mar 11, 2006, at 5:12 PM, Rick Duncan wrote:I don't want to argue Catholic (or Protestan)t theology on list.      Let me just say that many students of the Bible believe that it is not so much what the Bible says is evil that defines marriage as a one-flesh, dual-gender relationship. Rather, it is what the Bible says is the good of marriage and of true sexual union.     Are their any examples in the Bible in which same-sex "marriages" or homosexual families are  displayed as an ideal of sexual union and family life? None that I know of.  On the other hand, all the birthday parties have bad things associated with them, so I guess we should not celebrate birthdays -- I guess we should all become JWs.But, if we can agree that there are various opinions and interpretations of the Bible's dictates on how to treat GLBT people, then it seems to me that your essential predicate for accommodation and funding of groups that frustrate rather than support the purposes of the funding falls by the boards.Steve -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                   mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"If a man empties his purse into his head, no man can take it away from him.  An investment in knowledge always pays the best interest."Benjamin Franklin ___
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Re: Catholic Charities Not Bending the Knee to Baal

2006-03-11 Thread Marty Lederman



Well, as long as Rick is invoking what "many 
students of the Bible" think about "true" sexual union, I think it's worth 
pointing out that in his original post in this thread, Rick quoted the first 
five paragraphs of today's Boston globe story. But there's a sixth 
paragraph, too, which Rick neglected to show us. It reads as 
follows:

  Eight members of Catholic Charities board later 
  stepped down in protest of the bishops' stance. The 42-member board 
  had voted unanimously in December to continue considering gay 
  households for adoptions. 
Apparently those 42 members of the Catholic Charities Board are not 
the sorts of "students of the Bible" that Rick has in mind.

P.S. Just to be clear -- I am 
not suggesting that Catholic Charities should abide by the (unanimous) 
judgment of its Board, rather than the decree of the Bishops.


  - Original Message - 
  From: 
  Rick Duncan 
  To: Law  Religion issues for Law 
  Academics 
  Sent: Saturday, March 11, 2006 5:12 
  PM
  Subject: Re: Catholic Charities Not 
  Bending the Knee to Baal
  
  I don't want to argue Catholic (or Protestan)ttheology on list. 
  
  
  Let me just say that many students of the Bible believe that it is not so 
  much what the Bible says is evil that definesmarriage as a one-flesh, 
  dual-gender relationship. Rather, it is what the Bible says is the 
  goodof marriage and of true sexual union.
  
  Are their any examples in the Bible in which same-sex "marriages" or 
  homosexual families are displayed asan ideal of sexual union and 
  family life? In its adoption ministry, the Church is concerned about what is 
  the good of family life for children, not whether to stone sinners for sexual 
  sins.
  
  RickSteven Jamar [EMAIL PROTECTED] 
  wrote:
  I 
suppose it is about time to start stoning people to death as t! aught in the 
old testament . . . . 

As noted by Bobby Lifkin, perhaps the gulf is just too wide. 
Outsiders see gross and inexplicable inconsistencies that insiders see as 
obviously correct and consistent positions.

I think the Solomon Amendment is a good analogy in pointing out how one 
does not want to need to conform to norms established by the state or others 
-- but we do so -- The military exclusion of gays is somewhat like racial 
discrimination by private firms, but there are at least two 
differences: private v. public; and it is the military.

Steve


On Mar 11, 2006, at 1:07 PM, Paul Finkelman wrote:
Rick; aren't you cherry picking? There is 
  one line in Lev. restated in Deut. saying men should not li! e down with 
  men, like women. The Bible devotes far more effort to ordering the 
  execution of witches or dietary rules or how to conduct animal burnt 
  offerings. It is hard to see how you think homosexuality is so 
  central to Biblical law. Isn't this really about 
  politics?Rick Duncan wrote:
  
Bobby: I am not a Catholic theologian (but the current Pope is a 
very serious theological scholar). But a very quick answer, based upon 
my knowledge of Scripture, is to say that homosexuality, unlike 
race,strikes atthe very essence of the Created Order, from 
Genesis 1 to the teachings of Jesus in the New Testament.

I would leave mychurch and join another, ifmy 
churchsuddenlydiscovered thatthe Bible's teachings 
about human sexuality and marriage and family were no longer true. In my 
opinion,my church woul! d no longer be a "Christian" church if 
itadopted such a theology. This, of course, is exactly what is 
happening in some mainline Protestant churches today. The issue is 
whether we should believe God's moral teachings or the moral teachings 
of secular elites. That is an easy choice for me, as it appears to be 
for Benedict XVI.

Cheers, Rick
! 


[EMAIL PROTECTED] wrote:

  
  
  In a message dated 3/11/2006 10:17:25 AM Eastern Standard Time, 
  [EMAIL PROTECTED] 
  writes:
  
My point--which focused only on thereligious liberty 
issue--was that when faced with a choice between obeying God 
or Caesar, the Church must obey God. That is what the Church did in 
this case. It chose to get out of the adoptionministry rather 
than stay in and disobey God. That is clearly the right 
decision--indeed the only decision--for a religious body to make. 
(boldface added)
  We know that 
  religions evolve even in fundamental ways. The Church of Jesus Christ 
  of Latter Day Saints once had a prohibition (I think) against blacks 
  becoming bishops. I suspect such changes have occurredin other 
  religions also. If so, why is this the "only 

Catholic Charities Not Bending the Knee to Baal

2006-03-10 Thread Rick Duncan
From the Boston Globe:  The Boston Archdiocese's Catholic Charities said Friday it would stop providing adoption services because state law requires them to consider gays and lesbians as parents.The social services arm of the Roman Catholic archdiocese has provided adoption services for about a century. But it says state law allowing gays to adopt runs counter to church teachers on homosexuality."The world was very different when Charities began this ministry at the threshold of the twentieth-century," the Rev. J. Bryan Hehir and trustees chairman Jeffrey Kaneb said in a joint statement. "The world changed often and we adapted the ministry to meet changing times and !
 needs. At
 all times we sought to place the welfare of children at the heart of our work."But now, we have encountered a dilemma we cannot resolve," they said.The state's four Catholic bishops said earlier this month that the law threatens the church's religious freedom by forcing it to do something it considers immoral  This was the right move for the Archdiocese to make. Really, it was the only move they could make. It's sad that many children will suffer, but the Archdiocese has to obey its conscience.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand
 Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
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