Judicial Abuse Through Lack of Logic

I came across an article talking about a Federal judge striking down abortion restrictions. The article points out that the judge claims abortion restrictions violate the 14th Amendment of the Constitution, saying it "impermissibly infringes a woman's Fourteenth Amendment right to elect to terminate a pregnancy before viability".

Now the relevant part of the Constitution is section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, abortion is defined as a right protected under the Constitution while using a judicial ruling to define abortion as a right (continuing the begging the question fallacy used since Roe v. Wade).

Yet, when it comes to an actual right defined in the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The right of a business owner to practice his freedom of religion in not participating in the HHS Contraception Mandate or in not recognizing or participating in so-called "gay marriage" is very much in question.

Thus, we have an inconsistency:

■ The Constitutional Right to abortion is presumed to exist when it in fact needs to be proven.
■ The Constitutional Right to Freedom of Religion is presumed to need to be proven when it actually exists.

What our courts are doing in America is to give certain popular views the illusion of being Constitutional while ignoring certain unpopular views even though they have been recognized in the Constitution.

Such behavior is properly called arbitrary:

arbitrary
■ adjective
1based on random choice or personal whim.
2(of power or a ruling body) autocratic.

Christians can justifiably object to both the enshrining of abortion as a "Constitutional Right" when it is merely a judicial ipse dixit claiming it is, and object to the denial of religious freedom.  

However, the judicial activists can't. If they insist on protecting the fictional right to abortion, they are certainly bound to protect the actual right to religious freedom.

The implications are staggering:
■ Judges declare what they favor are "rights."
■ Judges refuse to protect rights they dislike.

There can be no justice when the judges behave in this manner.

Judicial Abuse Through Lack of Logic

I came across an article talking about a Federal judge striking down abortion restrictions. The article points out that the judge claims abortion restrictions violate the 14th Amendment of the Constitution, saying it "impermissibly infringes a woman's Fourteenth Amendment right to elect to terminate a pregnancy before viability".

Now the relevant part of the Constitution is section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So, abortion is defined as a right protected under the Constitution while using a judicial ruling to define abortion as a right (continuing the begging the question fallacy used since Roe v. Wade).

Yet, when it comes to an actual right defined in the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The right of a business owner to practice his freedom of religion in not participating in the HHS Contraception Mandate or in not recognizing or participating in so-called "gay marriage" is very much in question.

Thus, we have an inconsistency:

■ The Constitutional Right to abortion is presumed to exist when it in fact needs to be proven.
■ The Constitutional Right to Freedom of Religion is presumed to need to be proven when it actually exists.

What our courts are doing in America is to give certain popular views the illusion of being Constitutional while ignoring certain unpopular views even though they have been recognized in the Constitution.

Such behavior is properly called arbitrary:

arbitrary
■ adjective
1based on random choice or personal whim.
2(of power or a ruling body) autocratic.

Christians can justifiably object to both the enshrining of abortion as a "Constitutional Right" when it is merely a judicial ipse dixit claiming it is, and object to the denial of religious freedom.  

However, the judicial activists can't. If they insist on protecting the fictional right to abortion, they are certainly bound to protect the actual right to religious freedom.

The implications are staggering:
■ Judges declare what they favor are "rights."
■ Judges refuse to protect rights they dislike.

There can be no justice when the judges behave in this manner.

Stop Panicking And Just Pray.

In certain blogs and articles, I see a lot of fear being expressed over the synod on the family changing Church teaching concerning divorce and remarriage when the previous marriage is still valid. Especially when Cardinal emeritus Kasper makes statements that seem rather... bizarre (to put it charitably).

Me? I have faith that the Holy Spirit is still on the job when it comes to protecting the Church from teaching error on matters essential for salvation. Since the Holy Spirit protects the Pope, it is reasonable to expect that, regardless of what may be said at the synod, the Pope won't be changing Church teaching from truth to error.

No doubt the media and dissenters will continue to misrepresent and raise false hopes (it happened before the release of Humamae Vitae where people wrongly expected the Church to change her teaching on contraception). But the Holy Spirit was active then, and is active now.

The Pope has asked us to pray for the synod. We should. Not in the sense of "Oh God, please don't let them teach heresy!" Rather we should be praying:

"Lord, please send your Holy Spirit over this synod  so that Your Church may be brought to a deeper understanding of what Your Son has taught about marriage."

Stop Panicking And Just Pray.

In certain blogs and articles, I see a lot of fear being expressed over the synod on the family changing Church teaching concerning divorce and remarriage when the previous marriage is still valid. Especially when Cardinal emeritus Kasper makes statements that seem rather... bizarre (to put it charitably).

Me? I have faith that the Holy Spirit is still on the job when it comes to protecting the Church from teaching error on matters essential for salvation. Since the Holy Spirit protects the Pope, it is reasonable to expect that, regardless of what may be said at the synod, the Pope won't be changing Church teaching from truth to error.

No doubt the media and dissenters will continue to misrepresent and raise false hopes (it happened before the release of Humamae Vitae where people wrongly expected the Church to change her teaching on contraception). But the Holy Spirit was active then, and is active now.

The Pope has asked us to pray for the synod. We should. Not in the sense of "Oh God, please don't let them teach heresy!" Rather we should be praying:

"Lord, please send your Holy Spirit over this synod  so that Your Church may be brought to a deeper understanding of what Your Son has taught about marriage."

Just a Pinch of Incense...

In ancient Rome, there was an obligation to burn a pinch of incense before the statue of the emperor. Doing so was essentially an act of worship of the emperor as a god. The monotheistic Christians could not do this without denying their beliefs in one true God... or give scandal by appearing to do so. But if they refused, they would suffer consequences for standing up for what they believed.

To the morally lax pagans, the Christians doubtlessly were viewed as intolerant. However, by insisting that the Christians burn this incense and do what they believed was morally wrong, the pagans were the intolerant ones. They thought the Christian beliefs were either a threat or something so insignificant that the Christians shouldn't make a fuss about it.

Fast forward some 1700 years to the present. The Christians who, because of their belief in one God, find themselves in a dilemma. Either let your business acknowledge the so-called "gay marriage" (or cause the scandal of appearing to do so), or suffer the consequences.

Again, to a good many people, the Christians are viewed as either intolerant or fussing over something "not important."  Laws seeking to protect Christians have been proposed, but they have been portrayed as discriminatory laws.

What makes it so sickening now is the First Amendment was intended to prevent the state from coercing someone into doing what they believed was morally forbidden. But now, it is the defense of these religious rights that is considered unconstitutional.

Once again, Lincoln's words have shown themselves prophetic:

"As a nation, we began by declaring that "all men are created equal." We now practically read it, "All men are created equal, except Negroes." When the Know-Nothings get control, it will read, "All men are created equal except Negroes, and foreigners, and Catholics." When it comes to this I should prefer emigrating to some other country where they make no pretense of loving liberty - to Russia, for instance, where despotism can be taken pure, without the base alloy of hypocrisy."

I first posted these words in 2007. Each year, they seem more amd more reflecting our government.

Just a Pinch of Incense...

In ancient Rome, there was an obligation to burn a pinch of incense before the statue of the emperor. Doing so was essentially an act of worship of the emperor as a god. The monotheistic Christians could not do this without denying their beliefs in one true God... or give scandal by appearing to do so. But if they refused, they would suffer consequences for standing up for what they believed.

To the morally lax pagans, the Christians doubtlessly were viewed as intolerant. However, by insisting that the Christians burn this incense and do what they believed was morally wrong, the pagans were the intolerant ones. They thought the Christian beliefs were either a threat or something so insignificant that the Christians shouldn't make a fuss about it.

Fast forward some 1700 years to the present. The Christians who, because of their belief in one God, find themselves in a dilemma. Either let your business acknowledge the so-called "gay marriage" (or cause the scandal of appearing to do so), or suffer the consequences.

Again, to a good many people, the Christians are viewed as either intolerant or fussing over something "not important."  Laws seeking to protect Christians have been proposed, but they have been portrayed as discriminatory laws.

What makes it so sickening now is the First Amendment was intended to prevent the state from coercing someone into doing what they believed was morally forbidden. But now, it is the defense of these religious rights that is considered unconstitutional.

Once again, Lincoln's words have shown themselves prophetic:

"As a nation, we began by declaring that "all men are created equal." We now practically read it, "All men are created equal, except Negroes." When the Know-Nothings get control, it will read, "All men are created equal except Negroes, and foreigners, and Catholics." When it comes to this I should prefer emigrating to some other country where they make no pretense of loving liberty - to Russia, for instance, where despotism can be taken pure, without the base alloy of hypocrisy."

I first posted these words in 2007. Each year, they seem more amd more reflecting our government.

Poisoning the Well: "Religious Discrimination" Laws

The American media is portraying the recent bills in Arizona and Indiana concerning the freedom of religion as "religious discrimination" laws.  Thus, before anyone begins to research what the law is trying to achieve, they are given a negative image of what the law does.

In logic, we call this "Poisoning the Well."  Basically this involves:

1) Negative claim made about Subject X
2) Therefore any defense made by or concerning X is rooted in this negative claim.

In America today we are seeing anyone who remains faithful to the Christian belief that marriage is intended to be between one man and one woman is labeled homophobic or intolerant, and any attempt to legally defend this is presumed to be rooted in homophobia or intolerance.

It's dishonest behavior used to propagandize. What's alarming is currently we have the government and the mainstream media using this tactic to prevent the freedom of religion in areas they disapprove of.

Now of course any proposed law should be carefully drafted to avoid abuses. However, the basic premise of such laws is that no person should be forced to act in such a way that obligates them to do what they believe is evil. That's also the basic premise behind the Freedom of Religion in the First Amendment.

For the media and government to call these principles "religious discrimination" does not bode well for the Freedom of Religion in America.