Hilary White, Rome Correspondent

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Amidst growing anti-Christian discrimination in Europe, politicians starting to notice: report

Hilary White, Rome Correspondent
Hilary White, Rome Correspondent
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ROME, March 20, 2012 (LifeSiteNews.com) – Discrimination against Christians continues to increase in Europe and some politicians and organizations are starting to acknowledge the phenomenon as a problem, a new report says.

The Observatory on Intolerance and Discrimination Against Christians in Europe (OIDCE) has released its annual report chronicling incidents of anti-Christian discrimination in all member states of the European Union. It samples the “most striking” cases in which Christians have encountered either outright hate crimes or legal restrictions, including arrests and lawsuits, targeting their freedom of expression, belief and conscience.

One example given in the report is the case of Norwegian killer Andres Breivik “who was instantaneously and wrongly” labeled a “Christian fundamentalist” by the world’s media. “Anti-Christian prejudices needed a Christian equivalent to Muslim terrorism to prove true,” one of the report’s authors, Dr. Gudrun Kugler wrote, with the result that a “thoughtlessly” and too-hastily attributed label “was gratefully received by the world’s media.”

The report points out that there is currently no mechanism in Europe for collecting and examining data on anti-Christian discrimination. The OIDCE says that its annual report for 2011 is not intended to be comprehensive, but to offer “impressions of the phenomenon, revealing to the reader its diverse aspects and far-reaching scope.”

It lists over 200 incidents, ranging from Christians who have been arrested and jailed for preaching against homosexual activity to vandalism of churches and cemeteries, particularly in Spain and France, countries with Europe’s largest populations of Islamic immigrants.

The Commission of the [Catholic] Bishops Conferences of the European Community issued a press release welcoming the OIDCE report, calling the phenomenon of anti-Christian discrimination one of increasing “international significance.”

Bishop András Veres said that the report confirms “how some values and fundamental rights proper to Europe, such as freedom of religion and the legal recognition of our Churches, are far from being an established reality in some nations of the continent.”

The head of the Observatory, Dr. Martin Kugler, told Vatican Radio in an interview yesterday that there is a “growing awareness” of the problem among some international organizations like the UN or the Organization for Security and Cooperation in Europe (OSCE). These organizations are looking at it from a human rights standpoint, he said, “and especially religious freedom.”

“The new and growing phenomenon in the western world in some countries in Europe is a kind of marginalisation of Christians which sometimes spills over in legal limitations as well. Which means that Christians are discriminated against in their labour, in their professional work.”

The OIDCE report quotes a resolution passed by the OSCE, encouraging public debate and acknowledging the problem has become serious. The resolution proposed that “the right of Christians to participate fully in public life be ensured.”

“In view of discrimination and intolerance against Christians, legislation in the participating States, including labor law, equality law, laws on freedom of expression and assembly, and laws related to religious communities and right of conscientious objection [should] be assessed,” it continue.

Martin Kugler cited the cases of British hotel and bed-and-breakfast owners who have been sued and fined for refusing accommodations to homosexual partners, as well as street preachers who have been arrested for preaching against homosexual behavior.

He also pointed to increasing limitations on the legal right of Christians to speak out on issues of concern. “Medical staff in a hospital should be able to refuse collaboration in certain acts which they consider unethical, like abortion, euthanasia, sterilisations. This human right, which is called conscientious objection is not really granted in some of the EU member states,” he said.

The result is that some medical professions, are being “step by step closed up for Christians if they really take their faith seriously.” This affects midwives, doctors, nurses and pharmacists. He gave the example of France where pharmacists are “forced by law” to sell the abortion drug, RU 486.

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The OIDCE report bolsters the conclusion of a similar brief by a committee of the UK’s House of Lords and Members of Parliament, issued in February. It said that the Equality Act, passed under Tony Blair’s Labour government, has set up a “pecking order of competing equalities,” in which in every case the religious rights of Christians come last.

Arrests of street preachers, the UK report said, “demonstrates a lack of understanding of what is a legitimate expression of Christian belief.” Some authorities “place unnecessary barriers to wider Christian contribution.”

“Raising awareness,” Dr. Kugler said, is the first step in countering anti-Christian religious discrimination. Journalists and politicians are not acting out of “bad intentions” but from a lack of knowledge of religious priorities and requirements.

The Observatory attends international conferences on rights, racism, anti-Semitism and xenophobia to talk to delegates, politicians and media about the problems Christians now face in Europe. Kugler said their group avoids the use of the term “persecution” in order not to downplay the seriousness of “real persecution in some countries of the Arab world, Pakistan and North Korea” where Christians can face violence, torture and death for their beliefs. 

“We are conscious that intolerance and discrimination in Europe is more subtle…It’s much easier to face such a problem at the beginning.”


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LifeSiteNews staff

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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

LifeSiteNews staff
By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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