Court ruling wrests education authority from parents, hands to state: lawyer in case
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.
Donald Trump says he will promote LGBT ‘equality’ as president
CONCORD, New Hampshire, February 8, 2016 (LifeSiteNews) – Does Donald Trump support the gay agenda or oppose it? On the eve of the New Hampshire primary, observers are still scratching their heads about where the GOP frontrunner actually stands.
Trump has repeatedly and consistently said he supports the natural definition of marriage, but can a President Trump be relied on to promote it resolutely and cogently? It is this question that has many marriage activists expressing concern about his increasingly likely hold on the GOP nomination.
In fact, the National Organization for Marriage has gone so far as to say that Trump has “abandoned” the pro-marriage cause.
Trump himself underscored the problem on the weekend when he told a New Hampshire television station that from the White House he would push “equality” for homosexuals even further forward.
A cable news reporter self-identifying as a lesbian asked him last Thursday after a rally in Exeter, "When President Trump is in office, can we look for more forward motion on equality for gays and lesbians?"
“Well, you can and look - again, we're going to bring people together. That's your thing, and other people have their thing,” Trump told Sue O’Connell of New England Cable News. “We have to bring all people together. And if we don't, we're not gonna have a country anymore. It's gonna be a total mess.”
Following the comments, Trump appeared Sunday on ABC’s This Week program with George Stephanopoulos and would not commit to appointing Supreme Court justices who’d overturn Obergefell, though that would be his “preference.”
“We’re going to look at judges. They’ve got to be great judges. They’ve got to be conservative judges. We’re going to see how they stand depending on what their views are. But that would be my preference,” he told Stephanopoulos. “I would prefer that they stand against, but we’ll see what happens. It depends on the judge.”
Trump’s comments follow his statements during a Fox News Sunday interview last week, when he said, “If I'm elected, I would be very strong on putting certain judges on the bench that I think maybe could change things, but they've got a long way to go.”
“[Marriage] should be a states rights issue,” Trump continued. “I can see changes coming down the line, frankly.”
When asked by Fox if he “might try to appoint justices to overrule the decision on same-sex marriage,” Trump replied, “I would strongly consider that, yes.”
The real estate mogul criticized the Supreme Court for the Obergefell decision imposing homosexual “marriage” on all 50 states last June, but then later in August, Trump voiced support to NBC News for banning companies from firing employees on the basis of sexual orientation. “I don't think it should be a reason” to fire workers, he said at the time on Meet the Press.
The National Organization for Marriage (NOM) and a number influential evangelicals have endorsed Senator Ted Cruz in the race for president. The Texas senator has not only committed to appointing pro-marriage justices, but says the president and the states can rightly defy the “fundamentally illegitimate” ruling just as President Lincoln defied the Dred Scott decision.
NOM has also been highly critical of Trump, saying he has “abandoned” their cause. The organization said in its January 27 blog post just prior to the Iowa Caucus that “Donald Trump does not support a constitutional amendment to restore marriage to our laws. Worse, he has publicly abandoned the fight for marriage. When the US Supreme Court issued their illegitimate ruling redefining marriage, Trump promptly threw in the towel with these comments on MSNBC: ‘You have to go with it. The decision's been made, and that is the law of the land.’”
NOM had said the week before that Trump “has made no commitments to fight for marriage, or the rights of supporters of marriage to not be discriminated against and punished for refusing to go along with the lie that is same-sex 'marriage.'”
New Hampshire voters have been tracked as showing support for homosexual “marriage,” as a poll last February showed 52 percent of Republican NH primary voters saying opposing gay “marriage” is unacceptable.
The latest CNN/WMUR tracking poll shows that overall 33 percent of likely Republican primary voters support Trump, giving him a growing 17-point lead over the nearest GOP contender. RealClearPolitics polling average in the state puts him at 31.0 percent support, with Marco Rubio second at 14.7, John Kasich third at 13.2, and Ted Cruz fourth at 12.7.
The unravelling of Chris Christie
February 8, 2016 (LifeSiteNews) -- I'm a member of the clergy and for the past eight years have lobbied the powerful in Trenton, covering the administrations of both Governors Jon Corzine and Chris Christie. I did much of my work on behalf of the New Jersey Family Policy Council, associated with Tony Perkins' Family Research Council. I am currently the President of the Center for Garden State Families.
Those of us who are engaged in the fight to secure the right to believe, speak, and practice the Christian faith in America were all heartened by the election of a Pro-Life Governor in 2009. Not only did Chris Christie run as an open Pro-Lifer, but he adopted a position in support of natural marriage in the course of the campaign. And when legislative Democrats attempted to pass same-sex marriage in the lame duck session, so they could have outgoing Governor Corzine sign it into law, Chris Christie rallied opposition and stopped it. Those were the early, hopeful days; but as Governor, Chris Christie has presented himself in an inconsistent, even scatterbrained way, often making decisions that go against earlier stated beliefs.
One of his first decisions was to make a liberal Democrat the state's Attorney General. Once approved by the Senate, and she was, the Attorney General could not be fired by the Governor, as was the case with other cabinet officers. This gave a liberal Democrat enormous power and she used it to join up with liberal Massachusetts Attorney General Martha Coakley in filing a brief against Christians in a case called Christian Legal Society v. Martinez. Just one day after being sworn in, the newly appointed state Attorney General took the most aggressive legal posture available to defend former Governor Corzine’s one-gun-a-month handgun rationing law, moving to dismiss an NRA lawsuit to overturn the law, and later vigorously opposing the NRA’s motion for a preliminary injunction in the case. Because of this appointment, New Jersey did not join in the lawsuits to overturn ObamaCare.
Governor Christie appointed a radical "sexologist" to run the NJ Department of Children & Families. This appointee would later resign when it emerged that she had held the top job in an organization that had supported a study advocating the normalization of some forms of adult-child sex.
His judicial appointments were also confusing. While claiming to oppose same-sex marriage, Governor Christie nominated an openly gay Republican to the state Supreme Court who supported it. Even Democrats wouldn't support this plainly unqualified appointment, and he never served. The Governor supported the advancement of a liberal Democrat to the job of Chief Justice, while refusing to support the re-appointment of a Republican and the Court's most conservative member. He also appointed a controversial defense attorney who had defended a number of Islamic extremists who had violated immigration law.
In 2013, many of those in the Christian community opposed legislation that banned young people from receiving counseling and therapy to lead them away from homosexuality. As an ex-gay myself, I could have personally attested to the benefits of such counseling, much of which is no different than what is found in contemporary twelve-step programs. However, the Christian community opposing the ban was not afforded the opportunity to meet with the Governor. Only the homosexual community with its pro-ban agenda was given that benefit.
Click "like" if you want to defend true marriage.
I don't blame the Governor for this, but I do blame his staff. As President Ronald Reagan said, "personnel is policy," and Governor Christie's choices in personnel have not advanced the policies he campaigned on, and often it was the direct opposite.
New Jersey ended up being just the second state in the country that only allows young people to receive counseling that advocates homosexuality, but bans by law counseling that advocates heterosexuality. When he signed it into law, Governor Christie embraced the made-up "science" of the propagandists, when he cited un-specified "research" that "sexual orientation is determined at birth." This is the so-called "gay-gene" trope that has baffled those engaged in the Science of Genetics because it has never been discovered.
As a candidate for Governor, Chris Christie talked the talk and raised the expectations of Christians in New Jersey. As Governor, and especially in his appointments, Christie undermined our confidence in his leadership. Christians should ask tough questions before extending our faith in him again.
Pro-life investigator hits back with new footage after judge blocks release of abortion sting videos
SAN FRANCISCO, February 8, 2016 (LifeSiteNews) -- A new video from the Center for Medical Progress (CMP) shows two National Abortion Federation (NAF) employees saying that abortion clinics would be interested in kickbacks from profits on fetal tissue and body part sales.
The video comes three days after a San Francisco imposed an injunction sought by NAF against CMP videos that one of the abortion group's attorneys said meant that "NAF's members can sleep a little easier tonight."
CMP accused the pro-abortion organization of hiding behind the court.
According to U.S. District Court Judge William H. Orrick, however, NAF "made...a showing" that release of CMP videos would harm rights to privacy, freedom of association, and liberty of NAF members.
"Critical to my decision are that the defendants agreed to injunctive relief if they breached the agreements and that, after the release of defendants’ first set of Human Capital Project videos and related information in July 2015, there has been a documented, dramatic increase in the volume and extent of threats to and harassment of NAF and its members," wrote Orrick.
Additionally, the judge found that CMP's videos “thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions," and that nobody from the abortion industry “admitted to engaging in, agreed to engage in, or expressed interest in engaging in potentially illegal sale of fetal tissue for profit" in the CMP videos.
However, in a new video released today that is unrelated to the injunction, a NAF employee told undercover journalists that kickbacks "definitely [sound] like something some [of] our members would be really interested in," with another chiming in that money from private purchasers to abortion clinics were "a win-win" for clinics.
The undercover investigators, who had purported to be part of a biotechnology company with an interest in fetal parts, were offered the chance to be at a NAF conference. “We have an exhibit hall and then we also have the general conference. But I mean, this is a very great way to talk to our members. We have a group purchasing program through our membership,” the journalists were told. “So it seems like this would be a really great option to be able to offer our members, as well.”
This is the second ruling against CMP in recent weeks, and the second by Orrick since July. The San Francisco judge issued a restraining order against CMP related to NAF's 2014 and 2015 meetings in San Francisco and Baltimore that Friday's ruling extended.
The other recent ruling came in the form of an indictment of CMP's David Daleiden and Sandra Merritt. Merritt and Daleiden turned themselves into Houston authorities for booking and processing last week. After being released on bail, Daleiden spoke at a LifeSiteNews/Christian Defense Coalition press conference after which more than 100,000 petition signatures backing Daleiden were dropped off to the Harris County, Texas District Attorney's office.
According to Orrick, who says he reviewed the more than 500 hours of recordings from CMP, "It should be said that the majority of the recordings lack much public interest, and despite the misleading contentions of defendants, there is little that is new in the remainder of the recordings. Weighed against that public interest are NAF’s and its members’ legitimate interests in their rights to privacy, security, and association by maintaining the confidentiality of their presentations and conversations at NAF Annual Meetings. The balance is strongly in NAF’s favor.”
NAF did not respond to a request for comment about the allegations by Orrick and a NAF spokesperson that CMP's videos have caused threats and other security concerns against NAF members.