Cheryl Sullenger

Courts continue glacial pace as Kansas abortion clinics run amok

Cheryl Sullenger
By Cheryl Sullenger

Topeka, Kansas, August 1, 2012 (OperationRescue.org) – The State of Kansas will ask for summary judgment at a hearing on Friday, August 3, 2012, in a suit brought by Kansas abortionists challenging a clinic licensing law passed last year.

“We will be watching that hearing very closely,” said Troy Newman, President of Operation Rescue and Pro-Life Nation. “Given the history of abortion abuses in Kansas, the enforcement of the new law cannot come soon enough.”

Pro-life groups in Kansas have been trying to pass clinic licensing requirements since 2003 in order to add a layer of protection for women seeking services at abortion clinics that have never been inspected or accountable to any safety standards.

But for years, during the radically pro-abortion administrations of Gov. Kathleen Sebelius, who now serves the Obama Administration as Secretary of Health and Human Services, and her hand-picked successor, Mark Parkinson, common sense regulations meant to protect women from exploitation by unaccountable abortion clinics were repeatedly vetoed even though they had the overwhelming support of the public and the State Legislature.

Under the Sebelius/Parkinson administrations abortion clinics ran amok while they were politically shielded from accountability under Kansas law.

Finally, a sweeping change in the composition of state government in 2010 enabled the long-sought clinic licensing legislation to be signed into law. Just as the law was to go into effect, it was blocked by a Federal Court judge in a case filed by abortion clinics that have histories of resisting oversight and engaging in abortion abuses.

“This is a case of the inmates running the asylum,” said Newman. “Abortion clinics have been caught red-handed breaking the law or admitting to abuses, yet they have managed to keep the authorities, who have the law on their side, on the defensive.”

The court delays have been insufferable. The challenge was first filed in Federal Court in June, 2011, where the court blocked enforcement of the law. When it appeared that the Federal Court would not rule in their favor, the abortion clinics involved in the case dropped their Federal suit and refiled in state court. This reset the case and caused almost a year of delays.

Regulating abortion clinics

Clinic licensing and safety regulations have been passed in several states, including more recently Virginia, Maryland, and Mississippi. In Pennsylvania, several abortion clinics closed rather that bring their clinics up to standards when inspections conducted after an 18-year hiatus discovered massive deficiencies. Such inspections, like those required by the Kansas law, have been found to be constitutional and a vital function of the state, which is tasked with the duty to protect the public’s health and safety.

A requirement that abortionists maintain local hospital privileges has passed Constitutional muster in Missouri, yet remains inexplicably under injunction in Kansas.

There are three abortion clinics left in Kansas and each has its own set of problems, which abortion clinic licensing will only partially address.

Comprehensive Health of Planned Parenthood

The largest abortion clinic in Kansas is Comprehensive Health of Planned Parenthood. In 2003, it came under investigation for failing to report child rape. In May, 2009, Operation Rescue again documented Planned Parenthood’s willingness to ignore suspected child sex abuse. Yet, political interference ensured that Planned Parenthood was never charged.

In 2007, Planned Parenthood was finally charged with 107 criminal counts related to illegal late-term abortions and manufacturing evidence to conceal their crimes. The case languished in the State Supreme Court for years on Planned Parenthood appeals. Last fall, it was revealed that evidence critical to the state’s case was shredded under the Sebelius administration without notice to the appropriate authorities, causing the judge to dismiss the most serious charges. However, 58 criminal counts remain pending. Just three weeks ago, District Attorney Steve Howe announced that he had lost his expert witness in the case and was struggling to replace him. A status hearing is set for August 20, 2012, with no trial date in sight.

After five years, District Attorney Howe, who was a political rival of the prosecutor who initially brought the charges, has failed to bring the criminal case against Planned Parenthood to trial.

“Howe’s lack of will to prosecute crimes against Planned Parenthood is more than troubling and may be motivated by political animosity against his predecessor,” said Newman. “In the meantime, Planned Parenthood is making a monkey out of him. It’s embarrassing.”

This case only serves to re-emphasize the need to enact clinic licensing and safety requirements that are enforceable by medical regulators who understand that patient safety should come before politics. In the meantime, Planned Parenthood remains out of control and unaccountable.

Central Women’s Services, AKA Aid for Women

Earlier this year, a confidential informant leaked documents to Operation Rescue from Central Family Medical, also known as Aid for Women, that indicated the abortion clinic had illegally dumped private patient medical information and bloody refuse from abortions. Additional documents indicated that the Kansas City abortion clinic never reported incidents of suspected abuse. Videos taken outside the clinic showed women who were unable to walk without assistance being dangerously released after abortions.

Operation Rescue filed complaints with various state agencies demanding an investigation and enforcement of Kansas laws. While the Kansas Board of Healing Arts was quick to launch such an investigation, the Attorney General’s office has remained disturbingly unresponsive.

“It has been three months since we reported the violations at Central Family Medical and revealed the fact that disgraced abortionist Malcom Knarr, whose medical license was revoked for dangerous abortion practices in 1994, owns and operates the clinic. Yet it continues to operate doing business as usual. It appears that there is no sense of urgency to protect women from this predatory abortion business,” said Newman.

Central Family Medical was the first clinic denied licensure before the Court halted enforcement. It has joined with abortionist Herbert Hodes in his suit challenging the law.

Center for Women’s Health

The father-daughter team of abortionists, Herbert Hodes and Traci Nauser, originally brought suit to block the new clinic licensing law, refusing to submit their Center for Women’s Health abortion clinic to state inspection.

Hodes is no stranger to headlines in the Sunflower State.

According to the Wichita Eagle, Hodes testified on March 9, 2011, before the House Committee on Federal and State Affairs. The Eagle reported, “[Hodes] estimated that Kansas has seen ‘five deaths in the last five years’ because of abortion procedures.” Hodes later changed his tune and denied any abortion-related deaths occurred during that time span after his comments prompted demands from Operation Rescue that the Attorney General’s office investigate the spate of unreported abortion deaths.

Hodes and AFW also were part of a Federal lawsuit tried in 2006 challenging the state’s mandatory child abuse reporting requirements. They argued that abortion clinics should not be required to report suspected cases of child sex abuse when girls under 14 come to them for abortions. While initially the judge ruled that abortion clinics could report at their discretion, a change in the law later rendered that absurd ruling moot.

Other Kansas abortion abuses

The Kansas State Board of Healing Arts revoked the license of abortionist Ann Kristin Neuhaus last month after it was determined that she had for years improperly referred women for late-term abortions for mental health reasons after conducting negligently inadequate patient interviews that she attempted to pass off as mental health evaluations. The revocation was the result of a complaint filed by Operation Rescue. The abortion clinic she worked at had no oversight nor had it ever been inspected to ensure compliance with Board regulations or other laws.

The license of another Kansas abortionist, Krishna Rajanna in 2005 after it was documented that he ran a filthy abortion mill that was so nasty that one police detective later testified before the Legislature about the horrific conditions he experienced. The clinic had never been inspected and would still be operating if not for pro-life activists who documented and exposed the filth.

Operation Rescue’s own headquarters is now located in a former abortion clinic where appalling conditions existed, including mold and pest infestations, leaky roof and plumbing, a clogged drain in the room where abortion equipment was washed, and dangerously out of code electrical. It operated for 23 years without a state inspector ever darkening its doorway.

Need for another enforcement avenue

Gaining enforcement of the law by elected politicians in abortion-related cases has always been the weak link in Kansas, with the exception of former Attorney General Phill Kline.

“Politicians as prosecutors have never worked well in Kansas,” said Newman. “They either protect the abortion clinics as their ideological soul-mates or are too concerned about their political careers to aggressively take on the abortion cartel. Either way, they have left vulnerable women open for exploitation by abortion clinics that have been able to so far get away with defying the law.”

Clinic regulations would add another avenue of enforcement by regulators that have the legal authority to close dangerous abortion clinics that cannot or will not comply with the law. That is a level of oversight that has never existed in Kansas.

“We are praying the State’s motion is successful,” said Newman. “Women in Kansas simply cannot afford the risk to their lives and health that comes with more delay.”

Take action

Operation Rescue continues to ask the public to express concerns to District Attorney Steve Howe, asking him to aggressively prosecute Planned Parenthood.

Johnson County District Attorney Steve Howe
Voice: (913) 715-3000
E-mail: [email protected]
The public is also encouraged to contact Attorney General Derek Schmidt and ask for an investigation into complaint against Central Family Medical for the non-reporting of abuse and other violations.

KS Atty. Gen. Derek Schmidt
Voice: 1-888-428-8436
Fax: (785) 296-6296
E-Mail form: Click here

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Drew Belsky

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ACLU sues Kentucky clerk for refusing marriage licenses to all couples

Drew Belsky
By Drew Belsky

July 6, 2015 (LifeSiteNews) -- Four Kentucky couples are suing a clerk of the court in their county for refusing to grant them marriage licenses.

The clerk, Kim Davis of Rowan (pronounced "rah-win") County, declared that her faith prevents her from complying with the Supreme Court's Obergefell v. Hodges decision, issued in late June, which legally redefined marriage to include same-sex couples.  She is withholding licenses not only to same-sex couples, but to everyone – in fact, two of the couples suing Davis, with the help of the American Civil Liberties Union (ACLU), are sexually complementary.

"It is my deep conviction and belief that God ordained marriage between a man and a woman," Davis told Kentucky station WYKT.  "I can't be a part of this."

"My Kentucky Constitution that I took the oath to uphold in January stated that marriage is between one man and one woman, and that is the constitution that I have vowed to uphold."

Laura Landenwich, an attorney with the ACLU, said that "Ms. Davis has the absolute right to believe whatever she wants about God, faith, and religion.  But as a government official who swore an oath to uphold the law, she cannot pick and choose who[m] she is going to serve, or which duties her office will perform based on her religious beliefs."

The ACLU's complaint avers that "Plaintiff and Plaintiff Class have suffered and continue to suffer irreparable harms, including harms to their dignity and autonomy, family security, and access to the full spectrum of benefits conferred by the state upon others."

Davis, a Democrat, is appealing to Kentucky's Bill of Rights, which states that "no human authority shall, in any case whatsoever, control or interfere with the rights of conscience."  Moreover, she told WSAZ reporter Kaitlynn LeBeau, "My Kentucky Constitution that I took the oath to uphold in January stated that marriage is between one man and one woman, and that is the constitution that I have vowed to uphold."

Kentucky Gov. Steve Beshear, a Democrat, has ordered all clerks in the Bluegrass State to comply with the Supreme Court's decision.

"Each clerk vowed to uphold the law regardless of his or her personal beliefs," Beshear said in a statement.  "I appreciate the clerks who are fulfilling their duties, issuing licenses to all couples, and I would expect others to execute the duties of their offices as prescribed by law and to issue marriage licenses to all Kentuckians."

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Davis's decision brought protesters to her office in Morehead last Tuesday.  The crowd comprised both opposition and supporters, bearing signs with messages including "Morehead = Equality," "Leave Religion out of your GOVERNMENT job!," and "We stand with you Kim."

Davis refuses to speak on camera because of an intensifying tide of threatening hate mail.  One man told her by e-mail that she needed to be killed.  She has received gratitude and support as well, including from states outside Kentucky.

"This is a battle," Davis told one reporter by phone, "nationwide, that I think is vital to every person who holds near and dear to their heart the word of God."

Resistance to Obergefell is not limited to one Kentucky county.  All three staffers at the county clerk's office in Decatur County, Tennessee resigned following the decision.  Decatur County commissioner David Boroughs told a local paper that he is "proud of them that their faith is so strong and well-rounded that they feel they can do that."

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Matthew J. Franck

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Obergefell is so awful that it makes Dred Scott look like a piece of lawyerly precision

Matthew J. Franck
By Matthew Franck

July 6, 2015 (ThePublicDiscourse) -- When the blow finally fell, the Supreme Court’s ruling in Obergefell v. Hodges—holding 5-4 that every state in the Union must license same-sex marriages—seemed somehow less crushing in its impact, less hurtful and wounding, than one might have expected from a decision that is so thoroughly a defeat for the truth about marriage and the truth about the Constitution.

Make no mistake, the harms from the Court’s appallingly illegitimate decision are many, and gravely serious. But the good news for a cockeyed optimist like me is that Justice Anthony Kennedy’s opinion is so incompetent, so gossamer-thin as an exercise in legal or constitutional reasoning, so unpersuasive even in political terms, that it renews my zest for carrying on the battle of persuading my fellow citizens and turning the country around on this issue.

I should have known he would do this for us, as well as to us. For Kennedy began to travel this road nearly twenty years ago in Romer v. Evans (1996), in which a 6-3 Court denied to the people of Colorado the authority to amend their state constitution to prevent their elected state and local legislators from adding “sexual orientation” to the list of “identities” on the grounds of which discrimination by public and private actors alike is forbidden.

Is Anyone "Demeaning" Others' "Dignity"?

Yet at least in Romer, the word “dignity” had not yet appeared in Kennedy’s reasoning. In Lawrence v. Texas (2003), which overturned state laws that criminalized homosexual sodomy, Kennedy turned away from the equal protection clause and to the textually and historically ungrounded jurisprudence of “substantive due process.” This meant, in Kennedy’s hands, the judicial protection of a free-ranging, judicially defined notion of “liberty” invoked to overturn any conduct-regulating statute that trenched on the “dignity” of persons whose wishes and desires tugged at the judges’ heartstrings.

In Romer, at least, Justice Kennedy had labored to produce something that resembled a competent account of the equal protection clause—though his attempt failed. But Lawrence was something else. Lawrence was a moment of real self-liberation for Kennedy. That can be seen in his quotation of what were probably his own words from the joint opinion he co-authored with Justices O’Connor and Souter in Planned Parenthood v. Casey: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” This “mystery passage” was already in 2003, and remains, the most widely lampooned bit of pseudo-reasoning of the last half century, but Kennedy sensed the cultural and political power that it represented, and in Lawrence he set it on course to colonize our constitutional law entirely. His opinion was also liberally salted with references to “dignity” (three times, including another line quoted from Casey), and to the idea that laws resting on negative judgments of homosexual conduct “demean” those who engage in it (four times).

United States v. Windsor, the Defense of Marriage Act case from two years ago, gave us more of Kennedy’s free-floating jurisprudence of “dignity” (ten mentions including “indignity”), condemning laws that “demean” (three mentions). Obergefell rests explicitly on this fragile, groundless rationale, with Kennedy mentioning the connection of marriage to “dignity” nine times, while three times saying that it “demeans” same-sex couples when a state limits marriage to one man and one woman, and twice invoking the matter of “identity.”

But there is something else quite new in Obergefell. Kennedy, somewhat defensively, mentions twice that defenders of conjugal marriage might believe redefining the institution to include same-sex couples “demeans” marriage itself. Since no one opposed to same-sex marriage actually speaks this way, this is a curious characterization, but perhaps an important one. In Kennedy’s mind, the Constitution has been converted into a great Dignity Document. The role of the Supreme Court is to adjudicate whose version of Dignity it embodies, which can be decided by pondering who is made to feel worse by having his strongest convictions “demeaned.” Victory will go to the one who can appeal successfully to strong feelings about his “identity.” As Chief Justice Roberts said in dissent, “The majority’s driving themes are that marriage is desirable and petitioners desire it.”

A Constitutional Crisis

Confronted by such a string of sentiments masquerading as constitutional principles, why then should I feel heartened by the new phase of the struggle into which the Obergefell ruling has just pitched us? The reason is that Kennedy is so terribly bad at his chosen profession of judge that he has now unmasked himself, and his four silent colleagues who joined his opinion for the Court, as imperial rulers with no regard for the Constitution, for the forms of reasoning that give the law its real vitality, or for the rightful authority of the people to govern themselves within the bounds of a Constitution they understand and respect.

Moreover, while noting all the manifold ways in which the marriage debate has been played out over the last two decades—just as he was attempting to shut that debate down—Kennedy evinced no understanding of what the arguments about marriage really are, not even grasping the arguments on the side he favored. In so doing, he showed himself to be, if not one of the least intellectually honest persons ever to come to that debate, then one of the least well-informed. His opinion is an act of the most breathtaking argumentative carelessness in the history of the Supreme Court. Roe v. WadeLochner v. New York, and Dred Scott v. Sandford—all rightly invoked by the dissenters in Obergefell as the true models for Kennedy’s reasoning—are closely reasoned works of lawyerly precision by comparison.

As a legal opinion, Obergefell is an utter failure. What the late John Hart Ely, who was politically in favor of abortion, said of Roe v. Wade, we can say of Obergefell: “It is bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.” But Obergefell is also embarrassingly bad as a contribution to the political and social debate on marriage. From this I take heart that the battle can be rejoined, with the making of better arguments—each side offering its best against the other’s best—in a struggle that will continue for years to come.

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But wait. Isn’t the debate over? Isn’t that what a Supreme Court decision on the Constitution means? Well, frankly, no. The movement for rescuing and restoring marriage in our country will not be made to vanish by so transparently political a holding of five justices of the Supreme Court. The movement for defending the sanctity of life in our law, forty-two years after Roe v. Wade, waxes rather than wanes in strength. As the pro-life movement was joined, so the marriage movement will be joined, by defenders of the authentic Constitution so blithely traduced by the Court’s majority. The Roe decision has often made pro-life converts out of people who actually read it—I know, because I was one of them—and the Obergefell ruling, in time, will do similar work in adding strength to the ranks of marriage’s defenders.

A constitutional ruling so shoddily reasoned, so completely and, one may say, easily dismantled by the four justices who dissent from it, must paper over a cause that cannot ultimately win in an open democratic debate, and that therefore seeks the shelter of powerful friends in the judiciary. This is just what many young people will come to see for themselves simply by reading the decision, just as many have done by reading Roe. The twin discoveries, that a great constitutional wrong has been committed to give cover to a great moral wrong, will come together.

We may take heart, then, from Justice Alito’s observation that “even enthusiastic supporters of same-sex marriage should worry about the scope of the power that today’s majority claims.” Indeed they should, for the debate is not over; it has only entered a new phase. That phase will necessarily include some sober deliberations regarding what can be done about a Supreme Court with (at least) five members who believe that they can rewrite the Constitution at will in order to transform fundamental institutions of our society. For Alito’s very next sentence is, “Today’s decision shows that decades of attempts to restrain this Court’s abuse of authority have failed.” Indeed, they have, and so it is back to the drawing board. When even the chief justice complains of “the majority’s extravagant conception of judicial supremacy,” it is time to do some hard thinking about meaningful institutional reform of the federal judiciary.

In the Meantime

While we prepare for hard work on many fronts in the battles for marriage and for the Constitution, we should recognize and immediately try to mitigate the great harm the Court has done. Despite Kennedy’s pat denials, marriage has been grievously wounded as an institution, and we must do what we can to bind up its wounds, in our own families, communities, and churches. After all, every future generation is at stake. We must never tire of saying: every child deserves a mother and a father—preferably his or her own biological parents. That, as the dissenting justices recognized, is what marriage has always been about, in every age and culture, and it is why marriage has always been understood as the union of a man and a woman.

And we must do all that we can to institute safeguards for religious freedom in our country, which will now come under attack as never before. It was strangely gratifying to see Chief Justice Roberts and Justice Thomas, in their dissents, give this matter their lengthy and considered attention. Thomas foresees “potentially ruinous consequences for religious liberty” in this invention of a new “right” of same-sex marriage, and Roberts noted how telling was the way in which Kennedy shrugged off such potentials:

The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage. . . . The First Amendment guarantees, however, the freedom to “exercise” religion. Ominously, that is not a word the majority uses.

The protection of religious freedom may rapidly become our most urgent legislative business, both in Congress and in state legislatures. But win or lose in legislative assemblies, the faithful and their pastoral leaders in the many religious communities devoted to the truth about marriage must prayerfully muster the courage to act, and to live as their faith informs their consciences, as well as to “advocate” and “teach.” As Alito notes, “those who are determined to stamp out every vestige of dissent” on the marriage question will be ready to exploit the Court’s decision. Look at your social media feeds: That is already happening.

In our response to our counterparts in this great constitutional, political, and moral debate that now begins anew, we can start by preaching and practicing a truer, fuller understanding of dignity, in our families and churches, than the one about which Kennedy so vainly prattles. And we can fix our eyes on the prize of restoring, through real democratic debate and persuasion, the great goods of constitutional self-government and justice to individuals and families.

Thank you, Justice Kennedy, for giving us this opportunity. I know you didn’t mean it, but thank you nonetheless.

Reprinted with permission from The Witherspoon Institute

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Lisa Bourne

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US Episcopal Church faces backlash after approving gay ‘marriage’

Lisa Bourne
By Lisa Bourne

July 6, 2015 (LifeSiteNews) -- The bishops of the U.S. Episcopal Church gave the green light last week for clergy to perform same-sex “weddings,” in a heavily-debated fundamental change set to come in the door incrementally.  

As of November 1 of this year homosexual couples will have the right to be “married” in the church, the result of new liturgies for same-sex couples approved Wednesday at the denomination’s General Convention in Salt Lake City.

The bishops also accepted changing the church’s canons (rules) governing marriage, to make them gender neutral, thus replacing the terms “man and woman” with “couple.”

Episcopal clergy however, will be allowed to refuse to perform a homosexual “marriage” with the promise they would not be penalized, and individual bishops were also given the right to refuse to allow same-sex ceremonies to take place in their diocese.

The compromise is angering Episcopalians on both sides of the issue, with liberal factions potentially trying to block the plan and insist on the immediate introduction of same-sex “marriage” with no way for dioceses to opt out, and conservatives likely to reach out to overseas leaders in the wider Anglican Communion for help in getting the church to stop.

The leader of the worldwide Anglican Communion, which includes the Episcopal Church, released a statement expressing his “deep concern” over the U.S. Episcopal Church’s resolution to change the definition of marriage.

“Its decision will cause distress for some and have ramifications for the Anglican Communion as a whole,” Archbishop of Canterbury Justin Welby said, “as well as for its ecumenical and interfaith relationships.”

Blessings for homosexual unions were first approved at the denomination’s 2012 convention, along with acceptance of transgender clergy. The Episcopal Church still maintained at the time that marriage was an exclusive life-long covenant of one man and one woman, as held in the church’s Book of Common Prayer.

While several Episcopal bishops defended the Biblical definition of marriage at this year’s convention, the majority of bishops argued that the provisional and trial rites would expand the traditional teaching about marriage, without changing the church’s underlying text or doctrine of marriage.

Retired Episcopal Bishop Vicky Gene Robinson, the first openly gay bishop in the Episcopal Church, was among those at the convention who said homosexual sexual intimacy was morally acceptable and should be blessed in faithful covenanted relationships, stating, “I think it is time for us to do this.”

Robinson, whose 2003 elevation to bishop was a key factor in the denomination’s later split, said, “Gays and lesbians are living out their lives in holy ways,” and changing the church’s rules on marriage “allows us to recognize this,” to “declare how far we have come.”

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In response to an inquiry for comment on the Episcopal bishops’ resolution accepting homosexual “marriage,” the Anglican Church in North America directed LifeSiteNews to the church’s recent response to the U.S. Supreme Court decision legalizing homosexual “marriage,” which said in part, “The Anglican Church in North America only authorizes and only performs marriages between one man and one woman.” 

Leaders of the Anglican Global South, a grouping of 24 of the 38 provinces of the Anglican Communion, issued a statement criticizing the U.S. Episcopal Church’s resolution as another unilateral decision taken without consideration for the Anglican Communion, ecumenical and interfaith relations and the mission of the church worldwide.

“This Resolution clearly contradicts the Holy Scriptures and God’s plan for creation as He created humankind as man and woman to complement each other physically and emotionally,” the Global South statement said.

“The church is intended by its Lord to be the holy leaven to shape society by its spiritual and moral values in line with God’s design,” it continued. “But sadly, by this action of (The Episcopal Church), the church gives way to the society to alter and shape its values. In other words the church is losing its distinctiveness as salt and light in this world.”

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