Patrick Craine

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Court ruling wrests education authority from parents, hands to state: lawyer in case

Patrick Craine

OTTAWA, Ontario, February 17, 2012 (LifeSiteNews.com) - After Friday morning’s unanimous Supreme Court ruling denying a Quebec family’s request to exempt their child from the province’s controversial ethics and religious culture program, the mother says she feels that her parental rights have been thwarted.

“As a parent, I feel like I have a right to a say in the education of my children,” said the mother, who can only be identified as S.L. “I feel it was very serious and it has serious outcomes.”

Lawyers and commentators involved in the case are calling the ruling a devastating blow for parental rights and an unprecedented victory for the state’s authority over the education of children; however, they also emphasize that the court has not declared the ethics and religious culture program to be constitutional, and has left the door open to another court challenge.

Jean-Yves Côté, the family’s lawyer at the trial, said that with today’s ruling “the state is now in a position to impose in the public schools an ideology that doesn’t correspond to the parent’s faith.”

“According to the civil code, the parent delegates his authority to the teacher,” he explained. “Now there is a shift. The authority of the teacher comes not from the parents but from the state.”

The ERC course, which has been mandated for all students from grades 1 to 11 including homeschoolers, was introduced in 2008 with the aim of presenting the spectrum of world religions and lifestyle choices from a “neutral” stance.

The parents, along with moral conservatives and people of faith across the country, charged that it promotes relativism and its mandatory nature violated the parental right to direct the education of their children.

But the Supreme Court’s majority decision, written by Justice Deschamps on behalf of herself and six other justices, argued that the course does not infringe on a particular set of religious beliefs because it remains neutral to religion.

“State neutrality is assured when the state neither favours nor hinders any particular religious belief, that is, when it shows respect for all postures towards religion, including that of having no religious beliefs whatsoever,” wrote Deschamps.

But Patrick Andries of the Coalition pour la Liberté en Éducation, which supported the family throughout the case, says the course is not as neutral as the court supposes.  “It has inherently in it a relativist approach,” he said, adding that the presentation of the different faiths “tends to confuse the children.”

The crux of the court’s argument was that the parents failed to meet the burden of proof necessary to show that their child’s participation in the course would impede their ability to raise him in their Catholic faith.

Côté explained that the court has thus raised the bar for parents who object to school curriculum: while previously it was sufficient to show that a program went against the parents’ sincerely-held faith, now they must provide evidence that it has “interfered with their ability to pass their faith on to their children,” in the court’s words.

With this ruling, he said, “we need an objective criteria, or proof, or evidence that the freedom of religion of the plaintiff is infringed. That is totally new.”

The mother says the heightened criterion is too high a burden. “Who can weigh prejudice toward a child when it comes to faith? How can we provide objective proof and who can dismiss a parent’s voice as an expert?” she asked.

Justice LeBel, in his minority decision, said the court was not able to judge the program itself and how it would be implemented in the classroom because there was insufficient evidence of its content presented at the trial.

Côté noted that the case was difficult because they brought it forward before the course had even been implemented, and the trial judge, Judge Dubois, had only allowed them to present the one book used by the family’s six-year-old, prohibiting them from presenting the rest of the curriculum.

Don Hutchinson, vice president and general legal counsel for the Evangelical Fellowship of Canada, which intervened in the case, emphasized that the court based its decision on a lack of evidence that the child had actually suffered harm from the course – a requirement for the exemption – owing to the fact that they went to court before the child entered the course.

As a result, he called it a “non-decision on parental rights and religious freedom” in which the court “hung their legal hat on a technicality.”

At the same time, he criticized the ruling, saying that parents have always had the right to make decisions about their child’s religious and moral instruction “without government interference.”

Faye Sonier, legal counsel for the EFC, said, “the Court has left the door open to a similar case returning to the court if an objective infringement of rights can be demonstrated, rather than a parental concern about infringement.”

But Andries pointed out that the Quebec law allowing exemptions says they can be used to “prevent” harm, meaning, he says, that one should not “have to go through the problem before asking for exemptions.”

Jean-Morse Chevrier, president of the Catholic Parents Association of Quebec and a director with the Catholic Civil Rights League, said the need to prove harm means that “parents would have to document the situation,” so it would be “extremely difficult.”

“It’s as though you really have to prove it, and it’s not easy to do on the psychological level and the spiritual level, the damage that’s being done,” she said. “And once the damage is done it’s not that easy to undo.”

She said the court has left parents who object to the course with no options because it is being imposed on the private schools and even officially on homeschoolers. “It’s a blow. It becomes a civil rights issue,” she said.



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‘Little miracles’: Mom gives birth to naturally-conceived quintuplets after refusing ‘selective reduction’

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An ultrasound of the five different compartments, each with its own baby, inside Kim's womb.

AUSTRALIA, February 5, 2016 (LifeSiteNews) -- A 26-year-old Australian mom has given birth to five healthy babies, all conceived naturally, after refusing the doctor’s advice that she must abort three of them in order to give the remaining two a better chance at life. 

“After my initial ultrasound I was told I could consider the selection method to give 2 babies the best chance in life,” wrote mom Kim Tucci in a Facebook post last September. 

“I watched a YouTube video on the procedure and I cried. I could never do that! Was I selfish for not giving two the chance of 100% survival? All I knew is that I already love them and that every heart beat I heard I connect with them more. For me life starts when a heart starts beating and all I know for sure is that I will do whatever it takes to bring them into this world healthy,” she wrote. 

Last Thursday Kim and her husband Vaughn welcomed the five new members into their family — one boy and four girls —increasing the number of their children from 3 to 8. The babies were born at 30 weeks, 10 weeks early, due to insufficient space in Kim’s womb. They weighed on average about 2.5 pounds. 

The quintuplets’ story began last March, after Kim and Vaughn had been trying for six months to conceive just one more child for their family. Due to health complications, Kim wondered if she would ever become a mother again. 

After what she thought was an extra long cycle, she decided to take a pregnancy test. 

“I was feeling tired and a little nauseated and thought I would take a pregnancy test just to get the ‘what if’ out of my head. To my shock and utter excitement it was positive,” she wrote on a Facebook post.

The parents got the shock of their lives when doctors confirmed in an ultrasound examination that there was not one baby, but five. 

“After a long wait for the ultrasound we finally went in. The sonographer told me there were multiple gestational sacks, but she could only see a heart beat in two. I was so excited! Twins!”

“I was moved to another machine for a clearer view and had the head doctor come in and double check the findings. She started to count, one, two, three, four, five. Did i hear that correctly? Five? My legs start to shake uncontrollably and all i can do is laugh. The sonographer then told me the term for five is ‘quintuplets,’” Kim wrote.

Even though Kim began to feel stretched to the limit with all those human lives growing inside her, she chose to focus on her babies, and not herself, referring to them as “my five little miracles.” 

“It's getting harder as each day passes to push through the pain, every part of my body aches and sleeping is becoming very painful. No amount of pillows are helping support my back and belly. Sometimes I get so upset that I just want to throw my hands up and give in.”

“Sometimes my pelvis becomes so stiff I can barely walk and my hips feel like they are grinding away constantly. I'm finding it hard to eat as I basically have no room left in my stomach, and the way it is positioned it's pushed all the way back with the babies leaning against it.” 

“My skin on my belly is so stretched its painful and hot to touch. It literally feels like I have hives! No amount of cream helps relieve the discomfort. I have a lot of stretch marks now. Dealing with such a huge change in my body is hard.” 

“Is it all worth it? Yes!!!! I will keep pushing through,” she wrote in one Facebook post days before the babies were born. 

The newborns' names are Keith, Ali, Penelope, Tiffany, and Beatrix. They were born at King Edward Memorial Hospital in Subiaco, Western Australia. Mother and babies are reported to be doing well. 



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UN rights chief tells Catholic countries to legalize abortion over Zika virus: bishops and cardinal react

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GENEVA, February 5, 2016 (LifeSiteNews) -- The United Nations, following the lead of international abortion activists, is now urging Latin American countries hit by the mosquito-borne Zika virus to lift restrictions on abortion for pregnant women who have contacted the virus and whose pre-born children may be at risk for birth defects, including having smaller than normal heads. 

The UN human rights office said today that it is not enough for South American countries to urge women to postpone pregnancy without also offering them abortion as a final solution. 

“How can they ask these women not to become pregnant, but not offer… the possibility to stop their pregnancies?” UN spokeswoman Cecile Pouilly told reporters. 

UN human rights chief Zeid Ra’ad al-Hussein said that governments should make available contraception and abortion services.

“Laws and policies that restrict (women’s) access to these services must be urgently reviewed in line with human rights obligations in order to ensure the right to health for all in practice,” he said.

But Brazil’s bishops strongly asserted yesterday that efforts should be made to eradicate the virus, not the people who may be infected by it. 

The disease is “no justification whatsoever to promote abortion,” they said in a statement, adding that it is not morally acceptable to promote abortion “in the cases of microcephaly, as, unfortunately, some groups are proposing to the Supreme Federal Court, in a total lack of respect for the gift of life.”

Honduras Cardinal Oscar Rodriguez Maradiaga has also come out strongly against the notion of “therapeutic abortions” as a response to the problem. Unlike Brazil where abortion is legal in the case of rape or health of the mother, abortion remains entirely illegal in Honduras.

“We should never talk about ‘therapeutic’ abortion,” the cardinal said in a homily at a February 3 Mass in Suyap. “Therapeutic abortion doesn’t exist. Therapeutic means curing, and abortion cures nothing. It takes innocent lives,” he said. 

While the World Health Organization (WHO) declared an international public health emergency February 1 on account of concerns over the virus, critics have pointed out, however, that not one death as resulted from the virus. Even on WHO’s own website the virus is described in mild terms. 

“It causes mild fever and rash. Other symptoms include muscle pain, joint pain, headache, pain behind the eyes and conjunctivitis. Zika virus disease is usually mild, with symptoms lasting only a few days,” the website states. “To date, there have been no reported deaths associated with Zika virus,” it added. 

Critics suspect that the crisis is being manipulated to advance an anti-human agenda on the pre-born. 

“Is Zika, actually, a hideous virus that threatens to spread uncontrollably across the world creating an army of disabled children with tiny heads and low IQ’s? Or might this be a willful misinterpretation of the scarce data to manipulate public opinion and legislatures?” wrote pro-life critic Mei-Li Garcia earlier this week.

“It becomes very clear that the publicity surrounding this story has a very little to do with medicine and a lot to do with a convenient crisis that is being used by those pushing for the legalization of abortion around the world,” she wrote.



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Hillary’s litmus test for Supreme Court picks: They must ‘preserve Roe v. Wade’

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DERRY, NH, February 5, 2016 (LifeSiteNews) - Hillary Clinton has a litmus test for Supreme Court nominees - several, in fact. At a Democratic event on Wednesday, Clinton unveiled her criteria in selecting a judge for the nation's highest court.

“I do have a litmus test, I have a bunch of litmus tests," she said.

"We’ve got to make sure to preserve Roe v. Wade, not let it be nibbled away or repealed,” she said.

There have been over 58,000,000 abortions since the 1973 court ruling legalizing abortion in all 50 states, according to National Right to Life.

That echoes her recent call to arms speech before Planned Parenthood last month, when she stated that taxpayers must fund abortion-on-demand in order to uphold the "right" of choice.

“We have to preserve marriage equality,” Clinton said, referring to last summer's Obergefell v. Hodges case, a 5-4 ruling that redefined marriage nationwide. “We have to go further to end discrimination against the LGBT community."

Her views differentiate her from the Republican front runners. Ted Cruz has called the court's marriage ruling "fundamentally illegitimate," and Donald Trump told Fox News Sunday this week that he would "be very strong on putting certain judges on the bench that I think maybe could change things." Marco Rubio has said he won't "concede" the issue to the one-vote majority.

All Republican presidential hopefuls say they are pro-life and will defund Planned Parenthood.

Her husband, Bill Clinton, raised the makeup of the Supreme Court early last month in New Hampshire, saying it receives "almost no attention" as a campaign issue.

On Wednesday, Hillary said "the next president could get as many as three appointments. It’s one of the many reasons why we can’t turn the White House over to the Republicans again.”

Clinton said her judicial appointees must also reverse the Citizens United ruling on campaign finance and oppose a recent decision striking down a portion of the 1965 Voting Rights Act. In 2013's Shelby County v. Holder, justices struck down Section 4(b) of the act, which said that certain states and jurisdictions had to obtain permission from the federal government before changing their voting laws.

At one time, most politicians frowned upon any "litmus test" for judicial nominees, emphasizing the independence of the third branch of government. "I don't believe in litmus tests," Jeb Bush told Chuck Todd last November.

But with the rise of an activist judiciary in the middle of the 20th century, constitutionalists have sought to rein in the power of the bench.



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