Year: 2013

In case we’re not already sufficiently fed up with the Catholic church today, we learn that

The Catholic Church tried to strike an agreement with New South Wales Police that would have helped shut down investigations into paedophile priests and placed police in breach of the Crimes Act.

Police records, accessed under freedom of information laws by Greens MP David Shoebridge, show two attempts were made to finalise memorandums of understanding (MOUs) between police and the church over how to deal with complaints of sexual and physical abuse by Catholic Church personnel.

 

Disgusting, isn’t it. “Church authorities shall cover up crimes committed by church employees unless prevented by court order.” Because after all it’s just child rape, nothing that matters.

Barrister Geoffrey Watson SC says the agreement would have placed police in breach of the Crimes Act.

“If you become aware of a serious criminal offence, you’ve got to tell the police,” he told the ABC’s Lateline program.

“When I looked at the MOUs they were really in effect trying to get the police to condone the failure to comply with that law, or even perhaps worse, get the police to participate in that.”

Dear police, can we please break the law? Thank you very much, the Catholic church.

In June 2003 Michael McDonald from the Catholic Commission for Employment Relations wrote to the Child Protection Squad: “I, therefore, seek your confirmation that the unsigned memorandum of understanding with the police remains in place.”

The Catholic Church could not tell Lateline why Mr McDonald was writing to the police, but Kim McKay from the Child Protection Squad was unequivocal in her written response to Mr McDonald.

“Please note that his (sic) draft unsigned MOU has not been approved by the NSW Police Service, and the arrangements proposed by the MOU are not currently in place,” she said.

“The arrangements proposed by the draft MOU appear to be in direct conflict with the explicit legislative requirement of section 316 of the Crime Act.”

Before this letter was sent by Superintendent McKay, the church was under the assumption the agreement was in place.

It’s so unfaaaaaaair.

After Superintendent McKay had made it clear in her letter that the unsigned agreement would have breached the Crimes Act, the church and police started negotiations to draft another agreement.

The second draft agreement, dated August 2004, includes a clause that states: “The Catholic Church or (additional party) shall make available the report of an assessment and any other matter relevant to the accused’s account of events only if authorised in writing by the accused or if required to do so by court order.”

Mr Shoebridge says the second draft agreement goes even further than the first one.

“The church wanted to effectively give the accused priest a veto power about whether or not to provide crucial information to the police – utterly extraordinary when you think that that’s less than a decade ago.”

It is, isn’t it. Just jaw-dropping.

H/t Leonie Hilliard.

Pteryxx collected more material on this and it’s damning, so I’m just going to add it all. Commentary Pteryxx’s.

The Nebraska Supreme Court refused to hear the girl’s appeal.  Here’s the decision she was appealing.

After advising the girl that “when you have the abortion, it’s going to kill the child inside you,” lower court judge Peter Bataillon denied her request for a waiver. Bataillon, who according to RH Reality Check, had been an attorney for extremist anti-abortion group Operation Rescue, found that the girl was not mature and informed enough to make the decision to have an abortion. He also found that the girl should have sought consent from her foster parents, even though the girl’s foster parents are not her legal guardian and the state regulations governing the Department of Health and Human Services gives minors in its custody the right to consent to abortion, without seeking permission from the Department.

From Operation Rescue lawyer to judge… seems fair and impartial.

More from RHR, both about the case and about Bataillon.

After holding the minor to the same pleading standards as attorneys, then punishing her for failing to meet them, the justices continued to ignore the law that clearly states minors in state custody have the right to consent to abortion on their own, by stating that because of the 2011 change from parental notification to parental consent those regulations were no longer valid. Since that 2011 change, the department hasn’t issued any new regulations, meaning that the even if those regulations were still valid thanks to this decision they likely aren’t anymore.

With the issue of whether minors in state custody can consent to their own abortions now upended, that leaves the petitioner in this case, and future wards of the state in similar quandaries, with only the possibility of convincing a judge via a judicial bypass proceeding that she’s sufficiently mature enough to make the decision to terminate a pregnancy on her own. And we know how those decisions turn out for the minors involved.

[…]

Not surprisingly, the trial court judge has a history of anti-choice sympathies. In 1990, as a private attorney, Bataillon successfully defended 17 Operation Rescue protesters in Omaha against charges of clinic trespassing, by advancing a “necessity defense” and arguing their trespassing was necessary to prevent the “grave evil” of abortion. Scott Roeder tried unsuccessfully to advance a necessity defense during his trial for the murder of Dr. George Tiller. Three years later, Bataillon represented an anti-abortion activist accused of stalking an abortion provider including approaching him at an Omaha airport and telling him, “You deserve to be blown away.”

Extracts from the court filing and more references to Bataillon’s history here:

The trial court judge, Peter Bataillon, went against her at every turn, deciding that even though her biological parents had relinquished their parental rights, she still required a foster parent’s consent under the law; that the “victim of abuse” exception to the consent requirement only applied to abuse by one’s current parents, and not to the abuse she had suffered from her biological parents; and that she was insufficiently mature to make this decision without their consent.

Today’s 5-2 decision affirmed Judge Bataillon’s decisions on the facts and law, with much deference to his evaluation of this young woman’s maturity:

   In evaluating her maturity, a trial court “‘may draw inferences from the minor’s composure, analytic ability, appearance, thoughtfulness, tone of voice, expressions, and her ability to articulate her reasoning and conclusions.’” The latter items are matters that we cannot discern from the cold record before us and are another reason why we elect to give weight to the fact that the trial judge heard and observed petitioner in finding her not to be mature and well informed.

Below the fold, why Judge Bataillon really can’t be trusted to protect women’s rights to make their own health care decisions. You’ll be appalled.

The girl’s attorney testified to the court that Bataillon should have been recused, but the SC refused to address that point.

Kamila Shamsie talks to Malala for the Guardian.

Learning from her parents is something Malala knows a great deal about. Her mother was never formally educated and an awareness of the constraints this placed on her life have made her a great supporter of Malala and her father in their campaign against the Taliban’s attempts to stop female education. One of the more moving details in I Am Malala, the memoir Malala has written with the journalist Christina Lamb, is that her mother was due to start learning to read and write on the day Malala was shot – 9 October 2012. When I suggest that Malala’s campaign for female education may have played a role in encouraging her mother, she says: “That might be.” But she is much happier giving credit to her mother’s determined character, and the example provided by her father, Ziauddin, who long ago set up a school where girls could study as well as boys, in a part of the world where the gender gap in education is vast.

She misses Swat though. Birmingham is not as beautiful as Swat.

Perhaps meditating on the value of peace and mercy is an entirely sane way of coping with bullets and invective. But, all the same, it must hurt to find yourself reviled – and not only by the Taliban. In her book she writes of how her speech at the UN received plaudits around the world, but in Pakistan people accused her of seeking fame and the luxury of a life abroad. When I ask her about this, it is one of the only times in the conversation that she turns to Urdu to express herself: “Dukh to insaan ko hota hai jab daikhta hai kay uss ka bhai uss kay khilaf hai.” (“Naturally it’s hurtful when you see your brothers turn against you.”) Her voice is pained, but she quickly switches to English and the more philosophical tone emerges again. “Pakistanis can’t trust,” she says. “They’ve seen in history that people, particularly politicians, are corrupt. And they’re misguided by people in the name of Islam. They’re told: ‘Malala is not a Muslim, she’s not in purdah, she’s working for America.’ They say maybe she’s with the CIA or ISI [Pakistan’s intelligence service]. It’s fine; they say it about every politician too, and I want to become a politician.”

I hope she does become a politician, and survives and prospers.

Amanda Marcotte reminds us what popes and bishops really care about.

Remember Pope Francis said some pretty stuff about how Catholic authorities need to be less obsessed with their attempts to control human sexuality and more interested in helping the poor, and how a bunch of liberals who are grading the pope on a massive curve got excited? Remember how meanie atheists said that it doesn’t matter and we can tell you right now that nothing will change?

It turns out we were wrong?

No.

Think Progress reported yesterday that the United Conference of Catholic Bishops sent a letter urging House Republicans to shut down the government rather than let women use their earned insurance benefits to buy contraception without their employers’ permission. So important is it for the Catholic bishops that your employer get veto power over how you spend compensation you paid for with your labor that they are now openly ranking it over….feeding babies.

That’s because keeping women down is the most important thing.

The government shutdown means that WIC is going to run out of money to feed infants. (At first, it was assumed they would only have enough to last a day, but they’re funded through the rest of the month, something the bishops could not have known when they sent the letter.) More than half of babies born in the U.S. get some of their nutrition through WIC.

God will provide. God will feed all those babies, but women getting contraception, that has to be stopped, by bishops.

Nice.

Nick Cohen explains,

Martin Bright and I thought that what with one thing and another we should take some flowers to Ralph Miliband’s grave.

People on Facebook were very curious about the uncanny anachronistic boy in the background.

The Pakistani Taliban hasn’t fallen asleep on the job. It wants everyone to know it still plans to murder Malala Yousafzai.

Islamabad: The Pakistani Taliban on Monday said it would target 16-year-old rights activist Malala Yousafzai again…

Tehrik-e-Taliban Pakistan spokesman Shahidullah Shahid said Malala was targeted because she was used in propaganda against the militants.

There is no “because” for murder.

The Taliban would target her again if given the chance, just as it would target anyone who opposes the group, Shahid told a news channel.

“She accepted that she attacked Islam so we tried to kill her, and if we get another chance we will definitely kill her and that will make us feel proud,” he was quoted as saying by a news channel.

“Islam prohibits killing women…except those that support the infidels in their war against our religion.”

The Nebraska Supreme Court has ruled that a 16-year-old foster child may not have an abortion because she’s not mature enough to decide on her own whether or not to have one.

Well if she’s not mature enough for that how is she mature enough to bear and raise a child? Oh that’s ok, they might say, she’ll just hand her baby over for adoption. How is she mature enough for that? If she’s not mature enough to decide whether or not to have an abortion she’s surely not mature enough to be pregnant at all. Children shouldn’t have babies, even babies they intend to give up for adoption.

The 5-2 decision denied the unnamed child’s request for an abortion, saying the girl had not shown that “she is sufficiently mature and well informed to decide on her own whether to have an abortion,” according to the ruling.

That necessarily means they think she is mature enough to decide to remain pregnant. But being pregnant is a momentous decision; surely it takes at least as much maturity and being well informed as does deciding to stop being pregnant.

The girl is not named in legal records, but is living with foster parents after the state terminated the parental rights of her biological parents after physical abuse and neglect. At the confidential hearing terminating those parental rights, she told the court that she was pregnant, and that she would not be financially capable of supporting a child or being “the right mom that [she] would like to be right now,” according to the court ruling. But she also told the court that she feared losing her placement in foster care if her highly-religious foster parents learned of her pregnancy.

Well the judges don’t care about that, because they’re mature enough not to need stable foster care. Lucky them.

The Omaha World-Herald interviewed her attorney, Catherine Mahern, who said “It is not in my client’s best interests to comment,” while noting that her client could go around the restrictions of Nebraska law by going to another state.

But speaking to the Houston Chronicle, Mahern said the girl didn’t need consent under the regulations of the Nebraska Department of Health and Human Services, which states that “if a ward decides to have an abortion, the consent of the parent(s) or Department is not required.” Notification of the girl’s foster parents might be required, however.

Nebraska changed its abortion laws two years ago from requiring that parents of minors be informed to requiring written and notarized parental consent for an abortion. Exceptions may be made in cases of parental abuse, medical emergencies, or cases in which the minor is “sufficiently mature and well-informed” to decide whether to have an abortion.

The Nebraska Supreme Court ruled that the child did not meet that standard in this case.

Chip chip chip away at abortion rights. Mess up a life here and another life there, to make baby Jesus smile.

Via PZ – Scalia explains heaven and hell and the devil to an incredulous journalist, and then bullies the journalist for being incredulous. Yeah, gee, how dare anyone be surprised that an adult intelligent Supreme Court justice thinks there’s such a thing as The Devil.

Whatever you think of the opinion, Justice ­Kennedy is now the Thurgood Marshall of gay rights.

[Nods.]

I don’t know how, by your lights, that’s going to be regarded in 50 years.

I don’t know either. And, frankly, I don’t care. Maybe the world is spinning toward a wider acceptance of homosexual rights, and here’s Scalia, standing athwart it. At least standing athwart it as a constitutional entitlement. But I have never been custodian of my legacy. When I’m dead and gone, I’ll either be sublimely happy or terribly unhappy.

You believe in heaven and hell?

Oh, of course I do. Don’t you believe in heaven and hell?

No.

Oh, my.

Does that mean I’m not going?

[Laughing.] Unfortunately not!

Wait, to heaven or hell?

It doesn’t mean you’re not going to hell, just because you don’t believe in it. That’s Catholic doctrine! Everyone is going one place or the other.

So it’s Catholic doctrine, so what? You can’t just assume that people believe in everything that’s “doctrine” even if they do belong to the church whose doctrine it is. “Doctrine” isn’t really something that rational adults should subscribe to in that way.

It’s Catholic doctrine, but is it reasonable? It’s Catholic doctrine, but is it likely? It’s Catholic doctrine, but is there evidence that it’s true? It’s Catholic doctrine, but is there any good reason to believe it?

Can we talk about your drafting process—

[Leans in, stage-whispers.] I even believe in the Devil.

You do?

Of course! Yeah, he’s a real person. Hey, c’mon, that’s standard Catholic doctrine! Every Catholic believes that.

Every Catholic believes this? There’s a wide variety of Catholics out there …

If you are faithful to Catholic dogma, that is certainly a large part of it.

But why be faithful to Catholic dogma? Why do that? Why not see dogma for what it is – intellectual coercion, nothing else – and walk away from it?

And why talk as if it’s belief in the dogma that’s reasonable and the journalist’s surprise that’s weird? Why say “Hey, c’mon” as if you were being nothing but reasonable?

So what’s he doing now?

What he’s doing now is getting people not to believe in him or in God. He’s much more successful that way.

That has really painful implications for atheists. Are you sure that’s the ­Devil’s work?

I didn’t say atheists are the Devil’s work.

Well, you’re saying the Devil is ­persuading people to not believe in God. Couldn’t there be other reasons to not believe?

Well, there certainly can be other reasons. But it certainly favors the Devil’s desires. I mean, c’mon, that’s the explanation for why there’s not demonic possession all over the place. That always puzzled me. What happened to the Devil, you know? He used to be all over the place. He used to be all over the New Testament.

Right.

What happened to him?

He just got wilier.

He got wilier.

Isn’t it terribly frightening to believe in the Devil?

You’re looking at me as though I’m weird. My God! Are you so out of touch with most of America, most of which believes in the Devil? I mean, Jesus Christ believed in the Devil! It’s in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the Devil! Most of mankind has believed in the Devil, for all of history. Many more intelligent people than you or me have believed in the Devil.

Ah now that’s the true bully note – how dare you disagree with “most of America,” how dare you think the devil is a ridiculous and cruel old story when most of America doesn’t, you commie weirdo faggot feminazi slut.

Question for the day, from Mike Booth @somegreybloke:

 Would you rather fight a thousand wasp sized mountain lions or one mountain lion sized wasp?

Originally a comment by Eamon Knight on She is too enraptured by the mystery of the divine.

I’ve occasionally found myself caught up (the literal meaning of “enraptured”) in a bit of mathematics or physics, such that I would ponder on it during otherwise mindless moments (like long drives, or when falling asleep at night). And there’s this sense of exploring a mysterious, fascinating territory. Eventually I either figure it out, or write a program to brute-force it, or (these days) consult Google and find that real mathematicians and physicists (ie. people who aren’t me) have already been there and devised tools to describe it. Sometimes I get into a similar mindset when trying to figure out how to do some personal project.

The point is: the exploration is fun, but it leads to an answer — I get an expression, or a number, or the thing gets built, and there’s an esthetic satisfaction to the experience. My “seeking understanding” actually finds something.

Can theology ever say it’s found something out about the Divine? Something that isn’t just a reflection of the theologian’s own mind? Can it ever know that, eg. Paul Tillich was right and Rick Warren is wrong in the way we know that Einstein was right and classical mechanics was wrong, or this bridge design will stay up whereas that one will collapse?

Or do theologians just enjoy being “enraptured” and “seeking understanding” too much to ever spoil it with anything so mundane as, you know, answers?

Amnesty International issued a new report a few days ago, Education under attack in Nigeria.

In the week that saw more than 50 students killed by gunmen in an agricultural college in Yobe State, Amnesty International publishes a new report assessing attacks on schools in northern Nigeria between 2012 and 2013.

“Hundreds have been killed in these horrific attacks. Thousands of children have been forced out of schools across communities in northern Nigeria and many teachers have been forced to flee for their safety,” said Lucy Freeman, Amnesty International’s deputy Africa director.

“Attacks against schoolchildren, teachers and school buildings demonstrate an absolute disregard for the right to life and the right to education.”

According to the report Education under attack in Nigeria, this year alone at least 70 teachers and scores of pupils have been slaughtered and many others wounded. Some 50 schools have been burned or seriously damaged and more than 60 others have been forced to close.

The Islamist group commonly known as Boko Haram has claimed responsibility for many, but not all, of the attacks.

Between 2010 and 2011 attacks were mostly carried out when schools were empty. However since the beginning of 2013 they appear to have become more targeted and brutal. They frequently happen when schools are occupied, and according to reports received by Amnesty International, teachers and pupils are now being directly targeted and killed.

Trying to wipe out education is as fascist as it gets.