Patrick Craine

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

Patrick Craine
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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The first pro-abortion Republican enters the 2016 presidential race

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By Ben Johnson

EXETER, NH, May 28, 2015 (LifeSiteNews.com) – The large and expanding field of would-be Republican presidential candidates grew by one today, as George Pataki became the first GOP presidential hopeful this election season to openly support abortion-on-demand.

The 69-year-old long-shot candidate also has a history of supporting homosexual legislative causes.

In the weeks leading up to his formal announcement, George Pataki took out TV ads asking Republicans to refrain from talking about abortion and gay “marriage,” branding them “distractions.”

“In 12 years [as governor], I don’t think I talked about that issue twice,” he once said of abortion.

On same-sex “marriage,” he says, “I think, leave it to the states. I don’t think it’s a role in Washington.”

However, Pataki has a long history of enacting the homosexual political agenda as governor of New York from 1994-2006. He signed a “hate crimes” law that added the words “gay” and “lesbian” to New York state law for the first time.

He signed the Sexual Orientation Nondiscrimination Act (SONDA), which prohibits business owners from “discriminating” against homosexuals in housing or hiring, with an exemption only for religious institutions.

He also added sexual orientation to state civil rights laws, alongside such immutable characteristics as race and sex, in an apparent quid pro quo for a gay activist group's endorsement in his last run for governor. The New York Times reported that, under pressure from Pataki, then then-Senate Majority Leader “shifted his position on the bill as part of what is tacitly acknowledged, even by Senator [Joseph] Bruno's senior aides, to have been a deal to win an endorsement for Governor Pataki from the state's largest gay rights group, the Empire State Pride Agenda.”

After the LGBT activist group endorsed Pataki in 2002, citing a long list of his service to the homosexual political cause, Pataki personally lobbied senators for the bill's passage, then signed it into law that December.

Coupled with his stance on gun control, environmentalism, and other issues, he stands well to the left of the Republican mainstream.

The three-term governor of New York, who belongs to the Roman Catholic Church, took his own advice by largely avoiding social issues today. The closest he came was his vow, “I'd repeal oppressive laws like ObamaCare and end Common Core.”

He added that he would “fire every current IRS employee abusing government power to discriminate on the basis of politics or religion. That is not America!”

Otherwise, Pataki's announcement speech hewed to stand pat Republican issues like reducing taxes, shrinking the number of federal employees, increasing military spending, and supporting entrepreneurship.

He began by thanking his supporters, in English and Spanish.

Smiling, his head pivoting between twin teleprompters, he said, “Let me tell you some of the things I'd do right away to get oppressive government off the backs of Americans.”

He would institute a lifetime ban on congressmen acting as lobbyists after they leave office. “If you ever served one day in Congress, you will never be a lobbyist,” he said. He favors forcing Congress to live under the laws it passes, so there will be “no special rules for the powerful.”

He cited his history of cutting taxes, reducing welfare rolls, and leaving his state with billions of dollars in surplus. “That's what our policies can do,” he said. “I know we can do the same thing for the United States.”

In recent weeks, he has called for a more interventionist foreign policy in the Middle East. Today, he reminded his audience that he was governor of New York in 9/11. “I will not fear the lesson of September 11,” he said. “To protect us, first we must protect the border,” he said – an unexpected phrase, as Pataki supports amnesty for the at least 11 million illegal immigrants already in the United States.

“We will stand with our ally, Israel, a democracy on the front lines of terror and barbarism,” he said.

Like former Sen. Rick Santorum, who announced he is running for president yesterday, Pataki agreed that “if necessary, American forces will be used to actually defeat and destroy ISIS on the ground – although he promised not to become “the world's policeman.”

Some of his campaign promises drew skepticism, such as seeking to develop self-driving cars and to cure Alzheimer's disease and cancer within the next decade.

The speech's venue was chosen deliberately by Pataki, who considered entering the presidential race in 2000, 2008, and 2012. The town of Exeter, New Hampshire, claims to be the founding place of the Republican Party. (Ripon, Wisconsin, makes a similar claim.)

More importantly, the first-in-the-nation primary skews more libertarian on social issues than evangelical-dominated Iowa and South Carolina, so Pataki has essentially staked his candidacy on doing well in New Hampshire. Fellow pro-abortion Republican Rudy Giuliani made a similar bet in 2008, banking on a good showing among transplanted New Yorkers in the Florida primary. He left the race after finishing a distant third.

Short of a stunning upset in the Granite State, Pataki has little chance of breaking through the pack this year. A Fox News poll ranks him dead last among 16 announced and potential candidates. Holly Bailey of Yahoo! News said, “George Pataki would never say this, but you do have to wonder if he's sort of, maybe, gaming for vice president.”

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Pataki is not the first “pro-choice” Republican to run for president.  Giuliani (who supported partial birth abortion) and Virginia Gov. Jim Gilmore (another potential 2016 candidate, who supports abortion during the first trimester) ran in 2008. Twelve years earlier, both California Gov. Pete Wilson and Pennsylvania Sen. Arlen Specter supported abortion-on-demand. Arlen Specter later left the party and became a Democrat.

In 1988, General Alexander Haig opposed a human life amendment to the U.S. Constitution. So did Texas Gov. John Connally in 1980.

George H.W. Bush supported abortion and voted for Planned Parenthood funding early in his career but changed his position by the time he ran for president the second time, in 1988.

President Gerald Ford was the last Republican nominee to proclaim himself “pro-choice.” 

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Ireland ‘defied God’ by voting for gay ‘marriage’: Cardinal Burke

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By Pete Baklinski

OXFORD, May 28, 2015 (LifeSiteNews.com) -- Cardinal Raymond Burke lamented how formerly Catholic Ireland has gone further than the pagans in the pre-Christian days of old and “defied God” by calling homosexual behavior “marriage” in the referendum last week.

“I mean, this is a defiance of God. It’s just incredible. Pagans may have tolerated homosexual behaviours, they never dared to say this was marriage,” he told the Newman Society, Oxford University’s Catholic organization, in an address Wednesday about the intellectual heritage of Pope Benedict XVI. The Tablet, Britain’s liberal Catholic newspaper, reported his remarks.

On Friday, 1.2 million Irish people voted to amend the country’s constitution to say: “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” A little over 734,000 people voted against the proposal. 

Burke said that he could not understand “any nation redefining marriage.”

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The cardinal also emphasized the important role that parents play in protecting their children in a culture increasingly hostile to God’s laws. “The culture is thoroughly corrupted, if I may say so, and the children are being exposed to this, especially through the internet,” he said. One practical piece of advice that he offered families was to put computers in public areas to prevent children from “imbib[ing] this poison that’s out there.”

During the same Oxford visit, but during a homily at a Mass the day before, Burke called marriage between a man and woman a “fundamental truth” that has been “ignored, defied, and violated.”

Burke warned during the homily of the dangers of “various ideological currents” and of “human deception and trickery which strives to lead us into error.”

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Why young Christians can’t grasp our arguments against gay ‘marriage’

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By John Stonestreet

May 28, 2015 (BreakPoint.org) -- For five years, Dr. Abigail Rine has been teaching a course on gender theory at George Fox University, an evangelical school in the Quaker tradition.

At the beginning of the semester, she tells her students that “they are guaranteed to read something they will find disagreeable, probably even offensive.”

Writing at FirstThings.com recently, she related how five years ago it was easy to find readings that challenged and even offended the evangelical college students “considering the secular bent of contemporary gender studies.”

But today, things are different. “Students now,” she says, “arrive in my class thoroughly versed in the language and categories of identity politics; they are reticent to disagree with anything for fear of seeming intolerant—except, of course, what they perceive to be intolerant.”

And what do they find “intolerant”? Well, in her class, an essay entitled “What is Marriage?” by Sherif Girgis, Robert George, and Ryan Anderson, which was the beginning of the book “What Is Marriage?: Man and Woman: A Defense.”

In their article, Girgis, George, and Anderson defend what they call the conjugal view of marriage. “Marriage,” they write, “is the union of a man and a woman who make a permanent and exclusive commitment to each other … that is naturally fulfilled by bearing and rearing children together.” They defend this view against what they call the “revisionist view” of marriage, which redefines marriage to include, among other things, same-sex couples.

“My students hate it,” Dr. Rine wrote. They “lambast the article.” “They also,” she adds, “seem unable to fully understand the argument.” And again, these are evangelical students at an evangelical school.

The only argument for conjugal marriage they’ve ever encountered has been the wooden proof-texting from the Bible. And besides, wrote Rine, “What the article names as a ‘revisionist’ idea of marriage—marriage as an emotional, romantic, sexual bond between two people—does not seem ‘new’ to my students at all, because this is the view of marriage they were raised with, albeit with a scriptural, heterosexual gloss.”

Click "like" if you want to defend true marriage.

As Rine points out “the redefinition of marriage began decades ago” when “the link between sexuality and procreation was severed in our cultural imagination.”

And if marriage “has only an arbitrary relationship to reproduction,” then it seems mean-spirited to Rine’s students to argue that marriage by its very nature excludes same-sex couples.

And where do students get the idea that marriage “has only an arbitrary relationship to reproduction”? Well, everywhere—television, church, school, their homes, in youth groups.

Rine writes, “As I consider my own upbringing and the various ‘sex talks’ I encountered in evangelical church settings over the past twenty years, I realize that the view of marital sex presented there was primarily revisionist.”

In other words, once you say, “I do,” you get “the gift” of sex which is presented as “a ‘gift’ largely due to its [erotic], unitive properties, rather than its intrinsic capacity to create life.” Even in the Church, children have become an optional add-on to married life rather than its primary purpose.

What can we do to win back our children, our churches, and the culture? In our recent book “Same Sex Marriage,” Sean McDowell and I lay out a game plan. We offer strategies for the short-term and the long-term, with the ultimate goal: re-shaping the cultural imagination towards what God intended marriage to be, starting with the church. Come to BreakPoint.org to pick up your copy.

As Chuck Colson once said in a BreakPoint commentary about marriage, “We Christians are very good at saying ‘No.’ But we’ve got to get better at saying ‘Yes’: showing how God’s plan for humanity is a blessing. That His ways, including faithful, life-giving marriage between one man and one woman, lead to human flourishing physically, emotionally, and spiritually.”

I couldn’t agree more.

Reprinted with permission from Break Point.

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