Westboro Supreme Court mis-rule

SUMMARY: This isn’t Free Speech, it’s freedom of politico-(pseudo-)religious gang-persecution organized on a national basis against random mourners (as such) uninvolved in the grievances supposedly being protested by Funeral Invasion.

Mob pseudo-religious persecution of mourners’ Free Exercise of Religion — the Baptists’ “speech” is usually not on-point, but irrelevant to the life and death circumstances of the decedent at funerals they INVADE — is just like the mob persecution of Christians in Turkey, long winked at by a supposedly-secularist State.  It violates the civil rights of decedents and their grieving survivors.  Only an unholy alliance between the Court’s fellow-fundamentalists and its (this time) misguided “liberals” would rule that the civil rights of off-topic, political, media-hog, worship-invaders trump Freedom of Religion.

Yes, all defenses of Westboro defend their protests as political, though they are veiled in religion.  If (Westboro) politics now trumps (everybody else’s) religion, maybe the rest of the Religious Right IS right, that religious freedom is being flushed down the toilet with the politicization of everything — IRONICALLY, BY THEM!

Another way of approaching it is that the Religious Right, a vast well-organized group, may now abuse its “rights” to violate the rights of usually-tiny groups of mourners anywhere in the country — not unlike the invasive, disgusting, terroristic tactics of Operation “Rescue” abortion-clinic protesters and their incited gunmen / bombers / racketeers / conspirators.  If the Bill of Rights is about anything, it’s about protecting the rights of the oppressed — not only those oppressed by governments or officials, but by their fellow human beings in this country generally, especially by groups bigger than them.  Look for other hate groups to go back to the Courts now for vindication against explicit civil rights legislation — the Ku Klux Klan, “sovereign citizens,” (neo?)Nazis, self-appointed “militias” and border guards, “Dot Busters,” ‘crosshairs’ assassins, the whole sorry, scary lot of them.  What will the lawless Scalia/Roberts Court say then?  Cross-burnings and lynchings are OK again?  Literacy tests and poll taxes for voting?  Forced segregation of public schools?  ‘The disabled or mentally ill, gay or “different,” should be neither seen nor heard’?  Torching Catholic churches?  Slavery?  Human females as their males’ property?  State-Established religions again?  Swastikas scrawled on synagogues’ outside walls are OK because they don’t violate the “privacy” of the interior of the building??!!  It seems the Court liberals, including two Jewish women and a “wise Latina,” have been tricked into signing on to the rollback of the whole 20th century, if not worse.  (And Clarence Thomas? Nevermind!!!)

Ironically, this unholy alliance represents the difference between Classical Liberalism, in all its forms, and Classical Conservatism, ie, progressive conservatism … the former represented by the whole near-unanimous Court Westboro majority, the latter represented by most Americans’ gut-reaction to Westboro’s atrocities, and this ruling, more bad law, ie, incorrect law, from the Republican Courts and Party.

Learn about the ascendant hate groups and domestic terrorists from the  Southern Poverty Law Center, and support the SPLC.

And how did this case become merely about “privacy and emotional distress“?  The mourners’ lawyers should be disbarred for incompetence!  Were they law students?!  Was this one of those volunteer, workshop, law school projects they do???

Furthermore, does the ruling consider that funeral “privacy” only applies inside a building-of-worship, funeral parlor, chapel, mausoleum, etc.?  What about processions outdoors, burials, cemeteries, motorcades, even the going TO the funeral by the mourners — Some Protestant services even sacralize this with a “Gathering for Worship” recitation or song.  What about Neopagans, adherents of Indigenous religions, or other “outdoorsy” faiths, which might not often even USE a building with a real “indoors” component?  Obviously outdoor portions of a funeral share the vicinity with the neighbors, if any, of the funeral sites, so that’s presumed within Free Exercise.  I’m not sure being attacked, verbally assaulted, or finding yourselves involuntarily amid a political demonstration, controversy, or riot, especially one featuring offensive language, IS presumed within Free Exercise, except during times of Persecution of your freely-chosen (or -retained) religion … something the Court seems to endorse today, even its Fundies!  (Appropriate, I suppose, since their fellow Repugs drove the President out of the church of his choice, then complained he wasn’t Christian enough!  “I played you a tune but you did not dance, I sang you a dirge but you did not wail….”)

I’m willing to consider that baptisms/circumcisions, funerals, and weddings aren’t the same as routine religious services which might be invaded by hecklers urging you to change your religion.  I’m not sure though!  When I was a Quaker in the 1990s I admired George Fox and his Friends’ doing so in 17th-century Anglican and other Protestants’ “meetinghouses.”  Maybe they would’ve really converted  England if they’d just waited till after services, and stumped outside the buildings as the faithful were leaving!  But IIUC these Baptists aren’t recruiting, merely advocating for their ethical or political positions.  And often their protests seem aimed not at anyone present, except the newsmedia.  That’s just rude … Supremely rude.

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Real Healthcare Reform: A Medical Mission to *America*

I’ve previously advocated for a religious order of lawyers and inspiring Orthodox Christians to similar kinds of social service/philanthropia(Of course, a religion doesn’t have to be Catholic or Orthodox to do these kinds of things. Do they?)

Well, as I’ve pointed out, one of Catholicism’s great works in its Third World missions and service commitments has been medical.  Yes, the Medical Mission Sisters sang (and apparently still do!), but they and/or their coworkers also did/do alot of stuff we in this country ourselves now go poor paying others to do.  I won’t call most U.S. medical professionals “mercenary” … but among the most-loved Orthodox Saints are the Holy UNmercenary Physicians and Healersanargyroi in Greek, “without silver/money” literally.  Well, not literally, because somebody had to help them pay the farmer, the baker, and the candlestick maker; but it often wasn’t their impoverished, sick patients.  And the Catholics just declared the sainthood of the famous and much-loved Fr. Damien de Veuster of Molokai, who (apparently coincidentally) bore the name of one of the greatest Orthodox Unmercenaries, and went there from his native Belgium to serve the leper colony even without a medical qualification, only to die of the disease himself there years later.  More pointedly, perhaps the other best-known Unmercenary (besides Cosmas and Damian), Panteleimon, was martyred for undercutting his fellow physicians, pagans, on account of his Christianity!  (Talk about a patron saint of Healthcare Reform!)

There are still Catholic Sisters and Brothers doing medical service here, but I’d guess far fewer than in former generations, amid the plummeting numbers of Catholic Religious and priestly vocations in general, and the aging of those who remain.  Today they may have secular lay (in the religious sense) coworkers and collaborators, and lay boards of trustees running Catholic hospitals and such, but as I’ve said previously, you can’t beat Poverty, Chastity, and Obedience, for “cost-cutting” measures, and in any case Catholic medical institutions without a doubt, just like Catholic schools, are part of the skyrocketing cost of healthcare (or education, respectively) in this country.  We’re not exactly Third World (mostly, though visit Southern Appalachia, the Deep South, and some key Indian Reservations), but as has been said, we’re not getting our money’s worth either, especially compared to the rest of the so-called Developed World, and even some countries not first thought of under that label.

Obviously the Latin Church’s traditional 3 “Evangelical Counsels,” the vows most members of religious orders take, are of less appeal today than in former times, especially to American Protestants and non-Christians.  But  if Third World service doesn’t appeal to some, maybe service closer to home will.  And as I suggested in both previous articles, even halfway measures approaching “the vows” — for a few years if not for life, maybe married or marrying, in (prudent) shared housing or at home, more-organized and “religified” associates and collaborators, even fundraising to support those who serve — would help economically.

Maybe even spiritually!

([BLEEP!]  We Orthodox better do it before the Latins think of it and stage a comeback!!! 😉 )

But think of it: 1/3 of a billion people, fully 5 percent of humanity, being bled dry by the structural evils* of their healthcare system … the world’s leading economy, whose ups and downs influence the economic downs of the rest of humanity as we see today….  What good, what caritas, what philanthropia could be done for the world even here….

(*–Scroll down to the mention of the Brian Wren lyric … including the warning about how to observe the unquoted rest of that hymn.)

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Was England’s claim to N. America pre-empted by Norway?

At its recent Church convention, the Episcopal Church of the United States, traditionally America’s branch of the Anglican Communion, denounced the late-medieval “Discovery Doctrine” which encouraged / justified (Western) Christian nations’ annexation and exploitation of newly-discovered non-Christian lands, nations, peoples, and persons.  This appears to be at this time an unofficial or ‘semifinal’ version of the adopted resolution, minus the strikeouts.  They also call on the Successor of one royal perpetrator of this legal doctrine, in her capacity as “Supreme Governor” of their Sister Church, the Church of England, Queen Elizabeth II, to also repudiate it … for their government lobbyists to press overturning this legal basis for a kind of suzerainty over Native American Tribes with the U.S. Government … and for their member dioceses and adherents to support Tribes’ struggles for their God-given rights as Indigenous Nations.

As Wikipedia relates, this “doctrine” backed-up Western European overlordship of Indigenous Peoples not previously Christianized.  Commonly it was considered for the “heathens’ ” own good, as well as providing cover for all the depredations Indigenous have suffered at their hands and those of their “legal successors,” including the United States, down to the present.  More to the point, also for the seizure of their lands and resources, especially all the gold that was rumored to be here.  I don’t know enough about the claimed legalities beyond this, for Spanish- and Portuguese-claimed territories … but for English, “the rule of law,” i.e., the English Common Law, eventually developed at least a legal fiction of respect for existing inhabitants of lands they were interested in acquiring, as having actual legal rights to or in those lands, as long as they lived in them — rights to which ambitious English rulers and explorers needed to at least pay lip-service.  (Remember, this is the system wherein the lawyer asks his client, “What do you WANT the law to say?”!)  This was an evolving thing, as I’ve said previously here.

American relevance was nailed down (supposedly) by Chief Justice John Marshall in an 1823 case.  He stated that on the plot of land at issue, in Illinois, England/Great Britain had “discovered” and taken precedence over the Natives, whether directly or by treaty(!) from France, and the United States succeeded to British “rights” therein.  Therefore, Native Nations had limited rights to their own lands and resources, Britain/America having ultimate determining legal authority, at least vis a vis other European powers.  The idea included reducing the Europeans’ habit of going to war with each other; Indigenous didn’t matter!  (Though England came preferring to acquire their rights by “treating with them,” i.e., treaties — even if these, too, often became “legal fictions”!)

Here’s Marshall’s language I want to focus on (emphasis added by me):

The states of Holland also made acquisitions in America and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith in his History of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 43d degree of north latitude, and this country they claimed under the title acquired by this voyage.

Their first object was commercial, as appears by a grant made to a company of merchants in 1614, but in 1621 the States General made, as we are told by Mr. Smith, a grant of the country to the West India Company by the name of New Netherlands.

The claim of the Dutch was always contested by the English — not because they questioned the title given by discovery, but because they insisted on being themselves the rightful claimants under that title. Their pretensions were finally decided by the sword.

No one of the powers of Europe gave its full assent to this principle more unequivocally than England. The documents upon this subject are ample and complete. So early as the year 1496, her monarch granted a commission to the Cabots to discover countries then unknown to Christian people and to take possession of them in the name of the King of England. Two years afterwards, Cabot proceeded on this voyage and discovered the continent of North America, along which he sailed as far south as Virginia. To this discovery the English trace their title.

In this first effort made by the English government to acquire territory on this continent we perceive a complete recognition of the principle which has been mentioned. The right of discovery given by this commission is confined to countries “then unknown to all Christian people,” and of these countries Cabot was empowered to take possession in the name of the King of England. Thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathens, and at the same time admitting the prior title of any Christian people who may have made a previous discovery.

Here’s the problem: Since around the Millennium, North America* had been “known to the Christian people” of Norway, as mentioned here.  The Norse main settlements were in Greenland.  But knowledge of the lands to Greenland’s west is undeniable from approximately then, which was about the same time those colonists became Christians.  Even if you give no credence whatsoever to my foster-kinsman St. Brendan, Carthaginian Early Christian monks in Connecticut, the alleged succession of Catholic Titular (absentee) Bishops of the village of Gardar, Greenland and Vinland, and as-yet-undiscovered Icelandic Sagas, etc etc etc, living knowledge came down to the first Lutheran bishop of Greenland before he attained to that title by venturing there in 1721 in hopes of rescuing the many-centuries-old and long-isolated colony from Catholicism(!–or Orthodoxy!!) or apostasy … not finding them (as far as he knew!) … and setting out to evangelize the Native Inuit (Eskimos) instead(!).

But Britain did not treat with Norway or Norway’s sometime sovereign Denmark for any of its North American rights (under European law), nor did it acquire them “by the sword.”  Now, it is not currently known that any Norse (or their Mixed-Blood descendants) survived here until 1492 or ’96.  However, the Cabots’ charter did not say, as later English ones, “not actually possessed by any Christian prince,” merely “unknown to all Christian people.”  Christian Norway’s “knowledge” of this northern landmass may have been obscure at that time, but it was knowledge:  Norway “discovered” North America before England did!

So what?  As one commentator to the story at the website of the newspaper Indian Country Today reminds us all,

Just better be careful that you don’t also overturn our sovereignty while overturning Johnson v. M’Intosh. Too many times, an unideal but working scenario gets scrapped when ‘reformers’ come in and start changing things. I present as evidence term limits, ‘independent’ legislative redistricting and other such ‘reform’ scenarios that have contributed mightily to the current state of ideological gridlock that grips both federal and state governing bodies.

I know enough about law and history, and more about courts, judges, lawyers, and politicians, to take this counsel seriously!  Also, although today Norway is a rather politically correct place, who knows about the future?  Is it a case of The Devil You Know over The Devil You Don’t Know?!  Though it might be interesting to see Washington and Ottawa have to re-negotiate their independence with PC Oslo!

One might say that Norway has never pressed its claim, challenging Britain, France, Sweden, the Netherlands, or anybody else.  But with the discovery of the Sagas and their settlement at L’Anse aux Meadows, Newfoundland, in a possibly-improving climate of International Law and politics, especially Norway being a NATO ally of both the U.S. and Canada (and let’s remember the last bits of New France), Norway itself may have a “Native Claim” needing respect and recompense!  Even the US Supreme Court awarded huge money to the Lakota for the Black Hills!

No one ever said the ‘Piskies don’t know how to make life interesting sometimes!!!  😉

(*–Presuming Marshall is associating Spanish and Portuguese “discoveries” with OFF North America.)

Tsars, Serfs, and the West

One of the worst charges laid at the feet of the Tsars (Emperors) of Russia by Western and Western-influenced critics is considered to be possibly the largest, harshest, and latest-ending system of serfdom the world has ever seen.  What these Westerners don’t tell us is that making Ukraine and vicinity “the breadbasket of Europe” came at a price to most of the Russian people.  As this Wikipedia article points out, Eastern Europe was Western Europe’s first source of cash crops, a practice which of course the West later exported over much of the Earth because it worked so well … for the West!

Serfdom declined in Western Europe because of peasant rebellions, the Plague, Enclosure of the Commons (a great Crime Against Humanity), industrialization, the growth of wage labor even in agriculture (you win some, you lose some!), urbanization, etc.  So they effectively transferred it to Eastern Europe!  They off-shored it!  Eastern landowners, nobles, and monarchs shamefully turned to the profits available in exporting cash crops to the West, and so had to hold on to their own peasantry, in some cases well into the 19th century.

The Banana Republic Phenomenon gives us an idea what they would’ve faced if they’d balked at such abjection.  So do, more recently, it is alleged by many, the current Oil Wars in Afghanistan and Iraq.  But the West blames the Tsars, Orthodoxy, Eastern “backwardness,” “need / desire for strong leaders,” and all that other claptrap, when it needs to paint the system from which it benefited so much – which probably saved its life, since without food you die – as bad.  This is not different from the Western Powers blaming “Balkanization” on the Balkans, after the West has spent over 200 years trying to dissolve that region into smaller and smaller statelets.  (The newest, Kosovo, is “slightly larger than Delaware,” for crying out loud!)  Or blaming Indian Tribes for behavior akin to Banana Republics after setting them up on the worst land on the continent, eviscerating their cultures, imposing non-traditional (small-R) republican governments on them, then reinvading them for mineral resources when these are discovered, just like the Third World!!!!!

What’s the definition of a legal mind?: the ability to think about something intimately related to something else, without thinking about the thing to which it’s related!  IOW, Compartmental Thinking, that great gift of Western Christianity to the world, which has allowed the West to basically rape the planet and commit the worst crimes, absolve itself of blame, and in fact turn the blame onto its victims!!!!!