Thoughts on a California Strategy

As you've surely heard by now, Judge Vaughn Walker issued a ruling last week striking down California's Proposition 8 on equal-protection grounds. You might also have heard that Argentina has legalized same-sex marriage and that a Mexican court upheld a marriage-equality law in Mexico City, rejecting a challenge by the conservative Calderon government.

Of course, all three of these victories are cause for jubilation. The wins in Mexico and Argentina are particularly welcome, insofar as they show that marriage equality isn't just a cause of the wealthiest nations but is taking root throughout the developing world. They also show the weakening power and fading influence of Christianity in general and the Catholic church in particular - which, to no one's surprise, continues its resolute march in the wrong direction by tenaciously opposing these decisions. Meanwhile, in California, conservatives who scream and gnash their teeth over "judicial activism", by which they mean any court ruling they disagree with, now have a new villain: the notorious hippie liberal who first nominated Judge Walker, Ronald Reagan.

There's little question that the relatively liberal Ninth Circuit will uphold Judge Walker's decision, but the real question is how this ruling will fare at the Supreme Court. It's safe to assume that there are four votes in favor of overturning the ruling no matter what happens - the anti-marriage-equality side could come into the court dressed in clown costumes, conduct their cross-examinations in mime, and deliver a closing argument consisting solely of honking a bicycle horn, and Scalia, Roberts, Thomas and Alito would vote in their favor.

But Justice Kennedy, the swing vote, is almost impossible to predict. Although he's a conservative Catholic and refused to enforce the separation of church and state in some truly horrendous decisions, he also joined the majority in Lawrence v. Texas, the decision striking down sodomy laws as an infringement of the right to privacy. It's just barely conceivable that he might actually rule the right way on this.

However, it's hardly desirable to stake the fundamental freedoms of millions of Americans on the whim of a single justice; we might as well trust a coin flip to deliver equality. I think there's a better way of defending this decision.

Whatever happens at each stage, it will take years for this case to work its way up to the Supreme Court. If Judge Walker refuses to stay his ruling, and if the Ninth Circuit upholds that, there could be tens of thousands of same-sex marriages in the meantime throughout the Ninth Circuit's jurisdiction. By the time the case reached the Supreme Court, it would be a fait accompli. It would be so firmly established that I can picture even a conservative Supreme Court being loath to overturn it. In that case, I could imagine the court simply refusing to hear the issue, letting Judge Walker's decision stand but not applying it to the rest of the nation.

The other possibility is that we could fight for a new ballot initiative. After all, Prop 8 passed by only a small margin, and the percentage of the electorate supporting same-sex marriage is growing every year. If California passes a new constitutional amendment repealing Prop 8 and affirming Judge Walker's ruling, the issue would be moot. Again, this would most likely result in a split where same-sex marriage was legal in California but not elsewhere. This isn't ideal, obviously, but it might be important strategically. Every victory we win, every legal beachhead we establish, builds momentum for the cause of equality and proves to wider society that the doomsday shrieking of the religious right is a heap of contemptible lies.

And the same holds true in Mexico City and Argentina: the more places that same-sex marriage moves into the mainstream, the more it will become familiar and accepted. More and more, people are getting the chance to see for themselves that gay and lesbian couples are normal human beings, deserving of the same rights as everyone else, and religious prejudice is weakening. Every fight we win sets the stage for further victories, and brings us ever closer to the time when true equality is the rule everywhere, not the exception.

August 11, 2010, 5:52 am • Posted in: The RotundaPermalink26 comments Bookmark/Share This
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Weekly Link Roundup

• Despite the good sense shown by the British Medical Association in lambasting homeopathy at their annual conference last month, the UK National Health Service has announced that it will still pay for water and sugar pills passed off as medicine.

• A court in Utah has thrown out the rape conviction of Mormon cult leader Warren Jeffs, due to a legal technicality, and ordered that the case be retried. Texas is still seeking to have him extradited to face similar charges, so it seems likely that he'll ultimately face justice.

• I was shocked to read of some ultra-Orthodox Israeli communities that are so extreme, they demand that their women wear burqas so as not to arouse the passions of men.

A Liberty University graduate defends the separation of church and state.

• In more welcome news, the U.K. education secretary has said he's interested in proposals for atheist schools, after Richard Dawkins made such a proposal in response to a law allowing faith-based and community groups to open their own publicly funded schools. And why not? If every church in England has its own schools - the article mentions Anglican, Catholic, Jewish, Muslim, Sikh and Hindu - why shouldn't there be atheist schools that teach students rationality and critical thinking?

July 31, 2010, 5:13 pm • Posted in: The FoyerPermalink15 comments Bookmark/Share This
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Weekly Link Roundup: Net Drama Edition

The intertubes are exploding with drama this week! I'm still catching up on a backlog of reading material myself, but I thought I'd post about the more notable news items.

• First off, I just have to mention this because it's such delicious schadenfreude: Chris Mooney, atheist-basher extraordinaire, had a commenter earlier this year named Tom Johnson who claimed to be a scientist and wrote about how rudely and viciously he'd seen atheist professors treat their Christian colleagues. Mooney was much taken with these claims and devoted at least one entire post to promoting them. One little problem: Turns out "Tom Johnson" was an impostor who made this story up.

Mooney, allegedly a journalist, accepted this story uncritically because it fit his prejudices. And lest you accuse me of Monday-morning quarterbacking, quite a few of his commenters pointed out that "Tom Johnson"'s story seemed implausible when it was first posted. But Mooney waved those concerns aside, claiming he had personally verified the author's identity. Clearly, either this was a lie or his fact-checking was other than rigorous.

This episode is emblematic of what drives the accommodationists in general: sloppy handling of the facts, a lack of interest in understanding people's real motivations, and a refusal to engage with valid criticism. Note that, so far, Mooney has not apologized for slandering the reputation of the New Atheists based on lies.

• On a more depressing note: ScienceBlogs, a site that aggregates some of my favorite science bloggers, has blatantly violated one of the most basic rules of journalism: keep a strict separation between editorial content and advertising. The breach comes in the form of their appalling decision to publish a blog on food nutrition... by PepsiCo. Judging by its initial post, this blog will be straight-up corporate propaganda from Pepsi's PR department:

As part of this partnership, we'll hear from a wide range of experts on how the company is developing products rooted in rigorous, science-based nutrition standards to offer consumers more wholesome and enjoyable foods and beverages. The focus will be on innovations in science, nutrition and health policy. In addition to learning more about the transformation of PepsiCo's product portfolio, we'll be seeing some of the innovative ways it is planning to reduce its use of energy, water and packaging.

I'm guessing what we won't be seeing is any reason why artificially colored and flavored corn-syrup water needs to be part of anyone's diet.

By selling this space to corporate flacks, ScienceBlogs' management has sullied the reputation of all the legitimate, non-bought-and-paid-for science bloggers whom they recruited to write for them. I have no idea what they were thinking. Actually, scratch that, I do know what they were thinking - they were thinking of the money Pepsi was offering them to do this. What I don't understand is why they let ethical considerations take a back seat. Shame on you, ScienceBlogs.

• On a similar note, although the Huffington Post has always been a haven for pseudoscience and quackery (especially the loathsome anti-vaccine campaigners), they've really outdone themselves now: they've given column space to David Klinghoffer, a creationist affiliated with the Discovery Institute, to publish a screed about how evolution was responsible for Nazism. Worse, they're censoring criticism of this decision from their own writers.

What's to be done with the Huffington Post? Is their credibility and scientific integrity so utterly ruined, at this point, that rational, progressive readers ought to boycott them? Or is it still worth our time to write articles for them promoting science and reason, on the theory that the best use of light is to bring it into dark places? What do you think?

• And lastly, on the topic of cranks - we all know of the crackpots and pseudoscientists who try to silence skeptics by filing nuisance lawsuits, sending frivolous legal threat letters, or otherwise using the legal system for harassment. Now another such outfit has sued Dr. Stephen Barrett, proprietor of the excellent Quackwatch site. Since truth is a defense, I expect this lawsuit to be dismissed in short order. But in the meantime, Dr. Barrett could use some help with his legal bills. The reality-based community ought to defend its own, and if you're as outraged by this news as I am, I hope you'll consider sending a few dollars his way.

July 8, 2010, 12:17 pm • Posted in: The FoyerPermalink13 comments Bookmark/Share This
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Christianist Professor Calls for Religious McCarthyism

Although I've learned not to expect much from the right-leaning Supreme Court, I've been pleasantly surprised by some of their recent decisions. First was Holy See v. John Doe, in which the court upheld a ruling that the Vatican isn't immune from lawsuits over its protection of pedophiles. The second was Christian Legal Society v. Martinez, in which a Christian student group sued a California law school to demand - what else? - the legal right to discriminate against gays.

The law school has a policy that all official student groups must accept all comers and may not turn anyone away on grounds of race, gender, or sexual orientation. The Christian group claimed that they should be able to exclude gays and still receive all the benefits granted to officially recognized student groups: university funding, the use of university facilities for meetings, and the right to use the university's newsletter for their communications. Fortunately, the Supreme Court disagreed:

The court held that the all-comers condition on access to a limited public forum was both reasonable and viewpoint neutral, and therefore did not violate CLS's right to free speech. Nor, in the court's view, did Hastings impermissibly impair CLS's right to expressive association: Hastings did not order CLS to admit any student, nor did the school proscribe any speech; Hastings merely placed conditions on the use of school facilities and funds.

This decision was both simple and reasonable, and is the obvious consequence of state and federal laws forbidding the government to cooperate in discrimination. Since the activity fee that funds student groups is mandatory, Hastings' policy ensures that no student is "forced to fund a group that would reject her as a member". As the court points out, other groups such as fraternities and sororities don't have official school recognition, yet they continue to thrive, and CLS is also still in existence and still holding its own events.

Departing Justice John Paul Stevens summed up the issue at hand in his concurrence, in a praiseworthy reminder that religiously inspired bigotry is no different than any other kind of bigotry:

Other groups may exclude or mistreat Jews, blacks, and women — or those who do not share their contempt for Jews, blacks, and women. A free society must tolerate such groups. It need not subsidize them, give them its official imprimatur, or grant them equal access to law school facilities.

All well and good, and I look forward to this decision being applied across the country. (Yes, I'm perfectly happy to see it apply to atheist groups as well.) But then I got a news alert directing me to this column, by Mike Adams on the ultra-right-wing site Townhall. As you'd expect, he's furious that the government won't cooperate in spreading his prejudice, and he's threatening to do something about it:

...when I get back to the secular university in August, I plan to round up the students I know who are most hostile to atheism. Then I'm going to get them to help me find atheist-haters willing to join atheist student groups across the South. I plan to use my young fundamentalist Christian warriors to undermine the mission of every group that disagrees with me on the existence of God.

That means an invading group can turn a smaller, weaker group into second class citizens on campus. That's what I intend to do to those groups who do not believe in God.

I do not seek robust debate. I seek power over the godless heathen dissident.

Now obviously, this is just a petulant tantrum. I don't expect Adams to actually attempt this idiotic plan, but even if he tried, it would be easy to thwart him. The court's decision pointed out that student groups could still, for example, expel members who didn't pay dues, or restrict officer positions to those who had been members for a year or more. If his "young Christian warriors" wanted to disrupt an atheist club, they'd have to sit and wait for a year, paying to promote atheism the whole time, before they'd get their chance. I doubt many Christians would be willing to do that. Or an atheist law students' club could just forgo official recognition, exactly as the court emphasized that they could, and restrict their membership to professing nonbelievers.

What concerns me more is that Mike Adams isn't just some random wingnut. According to his biography, he's a criminology professor at UNC-Wilmington.

It's one thing for professors to express political opinions. Liberal or conservative, they have the same free-speech rights as anyone else. It's something else altogether for Adams, a college professor, to proclaim that he seeks "power" over students on his own campus who disagree with him, that he "can't stand" them, that he wants to "undermine" and "destroy" their associations, and that his goal is to reduce them to "second-class citizens". It's chilling and inappropriate in the extreme for any person to make such statements about people over whom he has legitimate authority. If I were an atheist student, after reading this, I wouldn't be confident of fair treatment in Adams' class. (Just imagine the response from the right wing if an atheist professor wrote a column saying that he can't stand Christian students, wants to treat them as second-class citizens, and plans to disrupt and destroy their church meetings.)

I plan to write to UNC-Wilmington to bring this column to their attention and to ask if they sanction these kinds of statements from their professors about their own students. Here's contact info for the dean of Adams' school. Anyone else want to join me in writing a polite letter?

July 8, 2010, 5:51 am • Posted in: The RotundaPermalink46 comments Bookmark/Share This
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Breaking News: Catholic Church Not Above the Law

In the past two months, the Catholic pedophilia scandal has largely dropped out of the headlines. But it was still simmering, and it looks poised to erupt into public consciousness again after this raid by police in Belgium:

The declaration to the police set off four raids in which the authorities seized hundreds of case files from the commission's current leader, detained a group of bishops for more than nine hours and disturbed the tomb of a cardinal where construction work had recently been done.

Well, how about that! I'm surprised - but very pleasantly surprised - that, for once, the police are treating the Catholic church as they'd treat any other organization under the same accusations. Let's not forget that Roger Vangheluwe, a Belgian bishop, resigned after confessing that he had molested a boy. And unless Belgium follows a completely different pattern than every other country where news like that has surfaced, where there's one abuser and one victim, there are certain to be more of both. (See this article, also, for an excellent and detailed account of the raid and its repercussions.)

The Catholic church has consistently acted as if the law is only a technicality and these crimes are minor matters of no public concern - that if they recite some rosaries and say they're sorry, then they've done enough. I'm very glad to see that there's at least one country where law-enforcement officials don't share that view. These aren't minor embarrassments that the church should be allowed to handle internally. They're crimes, despicable violations of innocent children, aided and abetted by a conspiracy of silence among higher-ups. And the people guilty of these crimes should be treated the same way as we'd treat any other gang of criminals, not given a free pass because they claim to talk to God in their spare time. This quote, from the New York Times article, is especially welcome:

Prosecutors are considering whether to expand beyond gathering evidence against abusers to encompass those who knew children were in peril but failed to protect them. "You have a part of a case that could be against the ones who committed the crimes and you also could have another part of the case against those who didn't help someone who was in danger," Mr. Meilleur said.

Naturally, the gilded hypocrites in Rome were furious that they're being treated as if they were subject to the law like the rest of us mortals. According to reports, the Pope summoned the Belgian ambassador to the Vatican to denounce the raids. Even more shocking, the church also announced that it's disbanding its own internal panel investigating sex abuse in Belgium, in a clear act of retribution for the raid. (Not that that's a great loss - according to that article, "The Catholic panel had been in existence for over a decade, but for most of that time it dealt with only 30 complaints [out of hundreds] and took no discernible action on them.")

Meanwhile, in America, there's even more surprising and welcome news. As reported by AU, the Supreme Court has declined to intervene in the case of Holy See v. John Doe, an Oregon man who sued the Vatican after alleging that he was molested by a priest in the 1960s. The church, with the backing of the Obama administration, argued that as a sovereign nation, it was immune from the lawsuit. But a federal appeals court rejected that argument, allowing the case to proceed; and the Supreme Court's refusal to grant certiorari means that that decision will stand.

I'm especially surprised by this because it only takes four justices to concur for the court to review a case, and six current justices are Catholic, including all the conservatives. Could it be that they recognized the conflict of interest and were anxious not to give the impression that they planned to do the Pope's bidding from their seats on the Court? Or is it possible that even the conservative Catholic justices are as outraged by Rome's arrogance and stonewalling as the rest of us?

June 30, 2010, 5:45 am • Posted in: The RotundaPermalink24 comments Bookmark/Share This
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Simo Says

By Sarah Braasch

In loving memory of my baby brother, Jacob Michael Braasch (01/28/86 – 02/02/10)

The other night I fled for my life. I fled a brawl in Paris. No, I didn't get entangled in a drunken bar fight. Again. Actually, I was in an elementary school.

Ni Putes Ni Soumises (NPNS – Neither Whores Nor Submissives), the women's rights organization in Paris where I have been working as a human rights fellow, organized a public debate on the issue of the anticipated public burqa ban in France. The French Parliament is in the process of enacting a public ban on identity obscuring face coverings in France, which would include both the burqa (the all encompassing body covering) and the niqab (the face covering that leaves a slit for the eyes). The debate over the ban has embroiled all of France, and all of Europe, for that matter, in a battle over the role of religion in both government and public life in a democratic republic that espouses a strict secularism as the only foundation for equality amongst its citizens, including gender equality.

We chose a location, Montreuil, which is an inner ring suburb of Paris with a diverse population. We showered the local community with flyers and volunteers, engaging the inhabitants and inviting them to participate in the debate, both those in favor and those opposed to the ban. The goal was to have a real and meaningful exchange of ideas and opinions. Local community leaders and politicians were on the docket, as well as women's rights activists, such as Lubna Al Hussein, the Sudanese journalist who faced 40 lashings of the whip for wearing pants in Khartoum, and Sihem Habchi, the current President of Ni Putes Ni Soumises. Ni Putes Ni Soumises has, since its inception, made a point of holding open, public debates and panel discussions in the heart of the cités and quartiers of France (the ghettoized suburban housing projects surrounding France's major cities, which are primarily composed of marginalized Muslim immigrant communities).

I was absolutely heartbroken by the way in which the evening unfolded. It confirmed many of my worst fears about the fate of humanity and the utter incompatibility of religion and the survival of our species.

One of the women's rights activists would get up to speak. He or she would speak about secularism and gender equality and gender desegregation as the foundational pillars of a safe and egalitarian public space in which all citizens enjoy equal rights and equal protection under the law in a democratic republic.

Then, one of the Islamists would respond by telling us what Mohammed said or did as was recorded in the Quran or the Hadith and how wonderful Islam is for women, because it gives them rights according to their differentness. And, sum up with a lovely comment about how Jews are pigs or something or other and the speaker is an anti-immigrant racist who hates Muslims and is in league with the Zionists.

Then, a veiled woman would tell us that she is afraid of being attacked by Christian and Atheist Frenchmen, and that she thinks French society is disgusting because women wear thongs and Christie's auctioned off a portrait of Carla Bruni.

Then one of the secularists would state that any discussion of Islam is completely irrelevant and that anti-Semitic slurs will not be tolerated.

And, then someone would lunge at someone else.

One of the elected officials would get up to speak. He or she would speak about secularism and gender equality and gender desegregation as the foundational pillars of a safe and egalitarian public space in which all citizens enjoy equal rights and equal protection under the law in a democratic republic.

Then, one of the Islamists would respond by telling us what Mohammed said or did as was recorded in the Quran or the Hadith and how wonderful Islam is for women, because it gives them rights according to their differentness. And, sum up with a lovely comment about how Jews are pigs or something or other and the speaker is an anti-immigrant racist who hates Muslims and is in league with the Zionists.

Then, a veiled woman would tell us that she really likes being the property of her husband, because that's what Allah commands, and no one can tell her that she shouldn't be a slave.

Then one of the secularists would state that any discussion of Islam is completely irrelevant and that anti-Semitic slurs will not be tolerated.

And, then someone would lunge at someone else.

And, so on and so forth.

Eventually the situation became scary enough that the police were called and the debate halted. At one point, my mammalian survival instinct usurped control of my bodily functions, and without a second thought, I fled the premises. I made a beeline for the nearest exit, and I wasn't the only one. Once outside, I turned back to peer in through a window to see what was transpiring. I was standing alongside a woman in hijab, and we both turned to look at each other. Without speaking a word, our faces communicated what we both were thinking, "These mofos are crazy."

It was truly an exasperating, disheartening experience. I literally walked out of that truncated debate thinking, "We're doomed. It's all over. Don't bother. Instead of just metaphorically drinking the Koolaid, we should all just go ahead and literally drink the Koolaid."

Did the Islamists really expect the secularists to acquiesce after a little Quranic exegesis? Oh, ok, well if Mohammed said it or did it, I guess that settles that.

Refusal to consider the religious viewpoint in the context of secular, democratic governance is not bigotry; it is not racism; it is not intolerance. It is common sense. This is why freedom from religion IS freedom of religion. How would you even begin to prioritize the litany of religious opinions on even a single subject? The only results would be either tyranny or anarchy. Do you think the participants in that room would tolerate being lectured on the tenets of Judaism? Of Christianity? Do you think they would say, "Oh, ok, well if Moses or Jesus said it or did it, then I guess that's the way it has to be"?

Islamists are called Islamists for a reason. They really do want to impose Sharia upon the societies in which they reside, and not only upon the Muslim populations within those societies. For them, there is no compromise. There is no other viewpoint worth considering, other than the Islamic viewpoint.

This is the result of brainwashing and indoctrinating and inculcating in religious cults. These people were incapable, quite literally incapable of allowing for a society structured on any other principles than those enumerated in the Quran and the Hadith. It was simply inconceivable to them that someone would not accept and conform to the example of the Prophet. Their brains were hardwired for Islam. All neural networks were devoted to Islam. All synapses were firing for Islam. The notion of the irrelevancy of Islam to the conversation about good democratic governance left them without an argument. They didn't know how to respond. In their desperation to respond to such a blasphemous suggestion, they short-circuited and the unspent energy exerted itself in eruptions of violence. It was scary. Quite simply – it was one of the most terrifying experiences of my life. Not because of the violence, but, because of the futility of the exercise. For that debate to have actually taken place, in any sort of realistic, credible, viable manner, years of religious deprogramming of all participants would have had to occur first.

I know some, even many, will say that religion is not the problem; fundamentalism is the problem, or fanaticism is the problem. I think this argument is asinine.

Imagine a society in which we brainwash all children to believe that they can fly. From the moment they are born, all children are taught that, if they jump off any sufficiently high precipice, and they are worthy and morally sound, they will be able to flap their arms and take flight, saving themselves from a deathly plunge. With the modernization of society, many parents have ceased to inculcate their children in this belief, having realized its fallacy. And, of those who persist in perpetuating the custom, most reveal the hoax to their children before they are old enough to test its claims. Others have reformed the tradition, advising their children that they best not attempt to test the belief, given that few are so worthy. But, regardless of the claims of modernity, the custom persists, and, as young adults, a certain percentage of our youth attempt just such an act, resulting in many needless deaths.

Now, imagine that the purveyors of this custom defend the practice by claiming that the problem is not that they brainwash their children into believing that they can fly; the problem is that a certain percentage of these children believe it. The problem is that a certain percentage of these children grow into adults who persist on believing it. The problem is the fundamentalists and the fanatics who refuse to reveal the hoax or admonish their children against attempting flight. The belief simply needs to undergo a reformation, an enlightenment, if you will. A moderate version of the belief is acceptable in a modern society, and even compatible with science.

I acknowledge that I work with many wonderful Muslim women who claim their religion and the right to interpret their religion for themselves, who strive on behalf of secularism and gender equality and gender desegregation. We are able to work together in harmony, regardless of our disparate views on religion, because we are both striving for the same goals: secularism, gender equality and gender desegregation.

Obviously, I think it is a waste of time to try to reform Islam into a gender-friendly, or, even, a gender-neutral doctrine. I think women would be better off rejecting religion all together. Trying to find a place for gender equality in the context of religion is like trying to find a place for racial equality in the context of Nazism. But, despite my abhorrence for religion, in a legal context, this is not my fight.

In a legal context, my fight is secularism. My fight is women's rights. The fight for secularism is NOT an act of aggression against religion. The fight for women's rights is NOT an act of aggression against religion. It might appear this way to religionists, because religion is the institutionalization of misogyny. But, the way in which secular, democratic governance appears to religionists could not be more beside the point. I hate religion. I fight against religion, but NOT in a legal context. But, in the open, public marketplace of ideas, as it should be. I would never support the criminalization of religion. Never. I just wish religionists would extend me the same favor.

After the debate, I found myself standing on the street guarding Lubna Al Hussein's luggage and the amp and chatting with Sihem Habchi. Someone who was obviously having trouble cooling off took a last lunge at Sihem. I was impressed by how quickly the police and security guards acted. They swooped in, scooping up Sihem and whisking her away behind a line of stern-faced police officers. Then I realized that no one had swooped in and scooped me up and whisked me away behind a line of stern-faced police officers. And, I was on the wrong side of that line of stern-faced police officers. I was on the side with all of the bearded and veiled Islamists who were having trouble cooling off. "What should I do?" I wondered. I tried to get rid of my scared face and affect an angry face instead.

It was an impossible situation, and a perfect metaphor – law and order standing between the secularists and the violent Islamists.

And, while I hate to be fatalistic, more and more I fear that, eventually, reason will lose out to faith to the downfall of humanity.

But, I'm not going down without a fight.

June 18, 2010, 5:47 am • Posted in: The RotundaPermalink28 comments Bookmark/Share This
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Why Atheists Should Do Jury Duty

I've never served on a jury, although I've had at least two jury duty notices sent to former addresses after I no longer lived in the area. But I'm certain the courts will catch up with me sooner or later, and truth be told, I'm actually looking forward to it. I know that being on a jury is likely to be exceedingly boring, and most of the cases that go to trial probably aren't all that consequential or all that difficult to decide. Still, I think it would be worthwhile to serve, both to play my role as a citizen and maybe also to bring some rationality to a courtroom where lawyers for both sides try to get away with fallacious arguments.

Precisely because we're so familiar with the many kinds of logical fallacies and less likely to be swayed by appeals to emotion, I think atheists would make excellent jurors. In this area, as in others, we embody many of the traits that society needs more of. Having more atheists serve on juries would be a much-needed corrective in light of the many criminal suspects who conveniently find Jesus at the courthouse doors, or horrifying practices like jurors who consult the Bible to determine their verdict.

I've been thinking about all this because of a link I was sent to a site called The Jury Expert, discussing the pros and cons, from a lawyer's viewpoint, of having an atheist as your client or going to trial when atheists are on the jury. The article reiterates some stats we're familiar with, showing how a majority of Americans are still prejudiced against atheists. It also has some remarks about the New Atheist movement that show, at one stroke, how the authors understand far better than all the accommodationist journalists and theologians what motivates criticism of us:

A new group of writers/spokespersons for atheists has emerged who are described as "angry, abrasive and critical of believers"; arrogant; and "fundamentalists" who are as "wrong-headed and dangerous as the bible thumping Christians" (a conclusion consistent with the negative impressions that Americans had of atheists all along).

There's also this interesting passage:

Atheists are not 'joiners' and many of them do not publicly identify themselves due to stigma. Most jury questionnaires only ask about religious affiliation, and since atheism is not a religion, per se, offering atheism as a response to a religion query is gratuitous. You can fairly assume that anyone who publicly identifies him- or herself as atheist is unusually opinionated and might be too unpredictable to have on your jury.

I would assume the point here is that lawyers don't want jurors who come to a case with strong convictions about the subject being debated; they want jurors whose minds aren't made up and who will be easy to influence. And I agree that anyone bold enough to self-identify as an atheist without being prompted probably doesn't fit that mold. Thus, if you want to serve on a jury, I imagine "none" would be the better response to a question about religious affiliation. Of course, if you don't want to serve, this also works as a way out - that is, unless the lawyer wants someone with strong opinions:

We have seen occasions where juries--and even focus groups--have begun their deliberations with a group prayer. Many atheists (and others) would be very uncomfortable about this, of course, and resistance might have a strong impact on the deliberative process. Of course, if you want a contentious deliberation or a hung jury you may choose to inject a militant atheist...

Naturally, I'm not too pleased by the idea of atheists being thought of as curmudgeons or radicals who'd be brought in deliberately in order to to disrupt the proceedings. (If there is such an effect, it would probably be more likely to occur because of militant religious people on the jury who couldn't stomach the idea of having a good-faith discussion with an atheist.) And I'm perfectly aware that atheists can be just as irrational and fallible as theists. Nevertheless, the kinds of jury manipulation lawyers are most likely to use are less likely to work on us. For that reason alone, atheists are an asset to the court system, and we should gladly play our part in the machinery of justice.

June 1, 2010, 5:39 am • Posted in: The RotundaPermalink32 comments Bookmark/Share This
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Yes, That's Me in the Burqa

By Sarah Braasch

In loving memory of my baby brother, Jacob Michael Braasch (01/28/86 – 02/02/10)

I am an incipient First Amendment lawyer and a staunch church-state separatist. I surpass even my most progressive friends and colleagues in my unflinching and unwavering support of the freedom of speech and expression, including religious expression. I am pretty much the only person I know who hates hate crime legislation as little more than bald-faced thought crime legislation. I am not infrequently verbally vilified for asserting the claim that morality has no place in the law.

And, I support the anticipated public burqa ban in France. And, I would support a public burqa ban in the United States. In fact, I would support a global public burqa ban.



(I will pause briefly for what I am sure are the many gasps of incredulity.)

I am working in Paris, France for a year as an international human rights fellow at Ni Putes Ni Soumises (NPNS). Ni Putes Ni Soumises (Neither Whores Nor Submissives) is a well-known international human rights organization, which advocates unequivocally for women's rights as universal human rights without compromise. They condemn both cultural relativism and obscurantism. They wholeheartedly support the anticipated public burqa ban in France. One of the reasons why I wished to work there is because I wanted to support this effort.

We have been marching and rallying and demonstrating and speaking and speechifying and writing and posting and blogging and publishing up a storm. We marched in front of the National Assembly (their lower house of Parliament) in burqas. We marched in front of the Socialist Party headquarters in burqas. We marched in front of the UMP Party headquarters in burqas. Lubna Al Hussein, the Sudanese journalist who was threatened with 40 lashes of the whip for wearing pants in Khartoum, has embraced the effort while she is visiting France as the guest of NPNS. I have been doing my utmost to spread the word throughout the English-speaking world and especially within the US. Unfortunately, the greater part of the US, including Obama, is woefully misguided on this issue. The US should pay greater attention to the European debate on this subject, instead of dismissing it offhand.



The US needs to hear the message of Ni Putes Ni Soumises. NPNS rose up out of a ferocious grassroots response to the unfathomable violence being perpetrated against the women and girls of the quartiers and cités in the banlieues (the ghettoized suburban housing projects surrounding France's major cities, which are comprised predominantly of marginalized Muslim immigrant communities). Ni Putes Ni Soumises continues to be led by the women of the quartiers from sub-Saharan and North African Muslim immigrant backgrounds. They are not anti-Islam. They claim their religion, and they claim the right to interpret their religion for themselves. They wholly reject the burqa as a barbaric patriarchal cultural tradition that has absolutely nothing whatsoever to do with Islam.

To me, the issue of whether or not the burqa/niqab is mandated by Islam is irrelevant. In fact, in this instance, as far as I am concerned, Islam is irrelevant. We don't make laws based upon whether or not they coincide with Islamic doctrine or scripture or apocrypha or tradition or custom or what have you. We make laws based upon secular principles and concerns and objectives. Likewise, Ni Putes Ni Soumises fights on behalf of secularism, gender equality and gender desegregation as the foundational elements of a truly egalitarian public space, in which all citizens may participate as equals.

The burqa ban should be a non-issue. To me, it's such a simple issue that it's stupid simple. It's ridiculously simple. Of course there should be a ban on identity obscuring face coverings in public. Of course. I don't even think of it as a ban. It's a requirement to reveal one's identity in the public space.

But, before I get ahead of myself, I'm setting some ground rules. I am speaking of the burqa/niqab ban. I am not addressing the hijab or the chador (which do not hide the face). I am not addressing issues of national identity or immigration. I have entirely different takes on those very important issues, but I am not addressing those issues here. I am addressing simply a proposed ban on identity obscuring face coverings in public. I am addressing a proposed ban on public self-effacement, a requirement to reveal one's identity in the public space.

The argument against the burqa ban always takes a very decided path, which I will follow quite plainly here, addressing each concern as I go.

1. A lot of people will be exempt from the ban, so why not Muslim women?

The argument that the person drilling into the sidewalk is wearing a mask, and has been exempted from the ban on face coverings, so everyone else should also be able to walk around in public with identity obscuring face coverings is asinine.

The person in a bright orange vest surrounded by orange traffic cones and yellow caution tape standing next to a dump truck emblazoned with the local municipality's name and operating heavy machinery in the midst of his or her similarly attired co-workers, one of whom is the foreperson who is ready to present his or her official documents of authority for engaging in such activity – an activity that had been publicized in advance in the local press, no doubt, is NOT obscuring his or her identity.

Can we move beyond this point already?

A doctor wearing a mask while performing surgery (or a masked EMT/paramedic or some other similarly masked medical professional) is NOT obscuring his or her identity.



Are you with me yet?

A skier fully decked out in skiing regalia and flying past you on the slopes at a ski resort while wearing a face mask as protection against the biting wind is NOT obscuring his or her identity.

Is this clear already? And, by the way, I grew up in Minnesota, so I understand this point well. The cold winters. Not the skiing.

What's next? Oh, yeah.

2. You just have a problem with banning things.

I'm not sure which nation you happen to reside in or which planet you happen to reside on, but if this is a serious issue for you – "the banning of things" – then you have bigger fish to fry than the burqa. Additionally, I see the burqa ban not so much as a ban, but as a requirement to reveal one's identity in the public space.

3. You see the burqa ban as a limitation on the free exercise of religious faith.

A legitimate government CAN and MAY and MUST be able to tell its citizens what is and is not permissible behavior in public, EVEN IF these laws incidentally encroach upon expressions of religious faith.

The freedom of religious expression is not unlimited. This would result in anarchy. Each and every single law in existence encroaches upon someone's ability to express his or her religious faith. Snake handling? Girl child marriages? Hunting bald eagles? Female genital mutilation? Smoking peyote? Polygamy? Public nudity? Compulsory childhood education? Military draft? Vaccinations? Photo ID's? Taxes? I could go on ad nauseum.

Nowadays, religion is just as likely as not to be defined as an all-encompassing tautology of spiritual mysticism. Whatever that means. It's hard for legislators to come up with laws that don't violate someone's expression of their all-encompassing tautology of spiritual mysticism.

If a law is being enacted for a wholly secular purpose, and it happens to impinge upon someone's religious expression – too bad, so sad. We don't live in a theocracy. We don't make laws, which pay any heed whatsoever to religious doctrine. Thank gods.

The burqa ban is analogous to drivers' licenses and childhood vaccinations. If you don't want to follow the rules, fine, but then you don't get to play. No one is forcing you to play. But, if you want to play the game (i.e. participate in society), you have to follow the rules.

A ban on identity obscuring face coverings in public is not a violation of the Free Exercise Clause. The government turning a knowing blind eye away from egregious human and civil rights violations being perpetrated under cover of religious liberty is a violation of the Establishment Clause.

Batter up.

4. You don't see the issue of the rapidly increasing use of identity obscuring face

coverings in the public space as an issue of public welfare or safety or security or protecting our democracy.

First of all, you're wrong. If I had to write down a recipe for lawlessness, I think I would start by having everyone walk around with black tarps over their heads. There's a reason why burglars and bank robbers and suicide bombers wear masks. If you still fail to grasp this point, I suggest you try an experiment. Try walking into any federal building with a sheet over your head and let me know how that works out for you.

I have a right to know with whom I am interacting in the public space. The public space does not only belong to those citizens who wish to wear the burqa or niqab. The public space belongs to all citizens. It belongs to all persons. Revelation of one's identity is pretty much the most rudimentary step towards participation in society.

A high level of trust is one of the defining attributes of a highly functioning, socially cohesive society. How much trust do you think is engendered by the citizenry walking around with black tarps over their heads?

If you remain unconvinced on the point about security, how about as an issue of protecting our democracy?

It is beyond ludicrous to think that any society can maintain a liberal constitutional democracy with its electorate walking around in public with their identities wholly obscured. You first have to claim your humanity before you can claim your human rights. You first have to claim your citizenship before you can claim your civil rights. This is not possible without claiming one's identity. Identity is power. Why do you think misogynists impose the burqa upon women? To render them powerless.

5. But, it's just a handful of women, you say.

So, doesn't that seem like a good time to nip the problem in the bud? Before it becomes an even more serious issue? And, when has it ever been ok to violate the human rights of just a few persons?

6. But, these women will be sequestered in their homes, because their

husbands and families will not allow them to venture outside without burqas, thereby rendering these women prisoners without contact with the wider society, nor access to public services.

I find this particular argument to be something of a thinly veiled threat. It reeks of the same sort of fear mongering and paternalism that takes place every time women's rights take a step forward. Men will force women to take the pill. Men will treat women like dirty whores, if they can't get them pregnant. Men will force women to have abortions. And, now, when I speak of our need in the US for over the counter abortifacients, I hear the same horror stories: men will force women to take them. Truth be told, in France, when the law against ostentatious religious symbols in public schools was enacted, the same horror stories were recited: the families that demand that their daughters wear hijab will simply pull them out of school. By and large – never happened. But, the French legislators are proposing a burqa ban, which meets the needs of the fear mongering paternalists: the second portion of the French bill includes a severe penalty for forcing a woman to wear a burqa or any garment whatsoever by reason of her gender.

7. But, you're still just incensed, absolutely incensed, about the ostensibly (to you)

unnecessary limitations on the freedom of expression and religion of Muslim women.

Where were you when the massive waves of protests were overwhelming our major cities to protect the right of Native Americans to hunt bald eagles? Where were you when the write in campaigns were flooding the offices of our legislators in Congress to protect the right of Native Americans to smoke peyote?

Oh, that's right. You weren't there. Because that never happened. Because no one cared.

Oh, and as a side note, it seems pretty obvious to me that a handful of Native Americans smoking peyote or handling (not hunting) bald eagle feathers is far less of a public safety issue than identity obscuring face coverings.

But, for some reason, you've decided that you need to take up the cause of the Muslim women who wear the burqa or niqab in Western nations. You are tremendously invested in their ability to express their religious faith, even though you understand that, for the vast majority of Muslim women, the "choice" to don the burqa or no is anything but free.

I would strongly encourage you to search deep within your freedom loving soul to examine the true nature of this stance.

I just find it interesting that no one has any issue with the whole litany of laws, be they federal, state or local, that encroach upon religious expression, but everyone has an ardent opinion on a simple public ban of identity obscuring face coverings, a ban which should be a non-issue.

Why is that?

Could it be because it violates our deeply rooted notions of women as the sexual and reproductive chattel of their families and communities?

I'm just asking.

Or, maybe you're afraid of Muslims.

That's Islamophobia -- treating Muslims as if their hypersensitive feelings have to be endlessly coddled lest they blow something up.

Why don't we treat the Muslim community like intelligent, sophisticated adults who can appreciate the merits of living in a liberal constitutional democracy?

And, just for the record, I'm tired of the suggestions that I'm being played for a fool by the fascist, anti-immigrant Religious Right, as if their tantrums were a good reason to abandon women to misogyny and sex slavery.

Since I'm encouraging soul searching, I want to assure you, dear reader, that I, too, have engaged in some soul searching of my own. I have scoured and examined my motives. I have interrogated my super-ego, my id and my inner child.

I'll admit it: I hate the burqa and the niqab. I hate everything it represents. The oppression of women. The demonization of female sexuality.

But, this, in and of itself, would not be reason enough to restrict a woman's choice to wear it as an expression of her religious faith. And, I do understand that issues of coercion and consent are muddy waters indeed. (I'll save my argument that the liberation of women is a compelling government interest in and of itself for another day.)

But, having turned my (nonexistent) soul inside out, looking for ulterior motives, I am comfortable with my stance on the burqa/niqab ban. The burqa ban is a straightforward issue of public safety and security coupled with democratic representation. The fact that this seemingly benign issue gets so much media and political play is a direct result of our continued and ugly perception of women's bodies as communal property.

And, I mean, think about it for more than one second. Move past the knee jerk reaction.

All of the same arguments could be made both for and against regulations requiring parents to vaccinate their children before enrolling them in public schools. If it is against your religious beliefs to vaccinate your children, fine. Don't vaccinate your kids. No one is forcing you to vaccinate your children. But, then, congratulations! You just won the grand prize of being able to home school your kids, because you don't get to send your unvaccinated kids to public schools. If you don't want to follow the rules, no problem, no one is forcing you to play. Someone could argue that this is an undue burden upon the parents that will disproportionately fall upon the mothers, confining the women to roles as housewives. Someone could argue that this is an unfair constraint upon the children, punishing the kids for their parents' ignorance, further isolating them from the wider society. It is unfortunate, that is true, but these women and these kids are not the only parts of the equation. The other kids, the vaccinated kids, or kids who simply cannot be vaccinated (for health reasons, etc.), should not have to suffer for the sake of someone else's religious beliefs. The argument that some kids cannot be vaccinated for health reasons, so those whose parents harbor religious concerns about vaccination should be exempted as well, is plainly stupid. The goal is to minimize the number of unvaccinated children in the community, so as to increase the potency of the community's herd immunity.

Same scenario removed from the context of women's bodies and female sexuality. Are you shocked by how differently you feel about the subject? You should be.

I support the anticipated public burqa ban in France.

I am reclaiming this discourse, which has been hijacked by the cultural relativists and the obscurantists. I will not be booed out of the theater. I will be heard. Let the name-calling commence.

I am not afraid of you.

May 12, 2010, 11:48 am • Posted in: The RotundaPermalink154 comments Bookmark/Share This
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The Catholic Church Embraces Reform?

Since I've written a fair amount lately about the child-rape scandal engulfing the Catholic church, it would be unfair of me to overlook any steps they've taken toward reform. Well, you all know I'm nothing if not fair, so I have to report on this tiny, hesitant step:

Last week, the Vatican for the first time issued guidelines telling bishops they should report cases of abusive priests to police where civil laws require it.

Marvelous! At long last, the Vatican has bravely decided that its employees should report criminals to the police to prevent them from committing more crimes. How stirring! How inspiring! Give them a medal for heroism!

Seriously, while it's good that they've done this, it's not an accomplishment worth praising them for; it's literally the bare minimum. Let's be very clear that a step as astoundingly obvious as this - as announcing that Roman Catholic bishops will henceforth actually obey the law, rather than aiding and abetting child molesters - wasn't official church policy until April 2010. Yes, yes, the Vatican has insisted that this was its unwritten policy all along. That perfunctory assertion is hard to believe in view of the fact that there was apparently unanimous agreement among the bishops to keep these cases covered up. I'm not aware of a single case from the last five or six decades where a bishop who was informed of a predator priest went to the police. Instead, for the most part, they dealt with it by shuffling problem priests around so that they could abuse more children in new parishes.

And that's the real reason I'm not satisfied here. Yes, fine, the church has generously agreed to start turning in child molesters (as if they could have said anything else). What they notably haven't done is institute any kind of accountability or punishment for the bishops and cardinals who protected, aided and abetted those child molesters. That's no surprise, really, since the current pope is one of them.

But that's the real scandal here - not the relatively small percentage of predator priests, but the huge percentage of bishops who helped cover up their crimes and enabled them to continue abusing children. And it's clear that the church authorities haven't come to terms with their own culpability in this. One Irish bishop has resigned after being cited in an Irish government report on abuse in Catholic schools, and a Belgian bishop resigned after admitting that he himself abused a child (!), but nothing has been done about the many others, like the despicable Cardinal Bernard Law, who haven't stepped down voluntarily.

And if you want more evidence that the church has learned nothing, take this case in New Jersey. The church higher-ups are still fighting tooth and nail against statute-of-limitations reform and other legal measures that would let the victims have their day in court. (Read the link, it's quite astonishing - the church filed an amicus brief in a case it wasn't even directly involved in, arguing that non-profit organizations should be immune from liability even if their employees acted criminally to protect child molesters.)

Efforts like this show that the church's reforms are, at best, cosmetic. When faced with a tidal wave of bad publicity for actions no sane person would defend, they'll condescend to apologize - but only on their own way and in their own terms, and with the proviso that there be no punishment for anyone who did anything. Just as in the earlier child-abuse cases, they're more concerned with protecting their own assets and reputation than making any meaningful effort to repair the damage they've caused. And why should they do otherwise? Whatever hits their reputation has suffered, the scandal hasn't hurt their finances, according to this article:

After hundreds of incidents of priests sexually abusing their parishioners were disclosed in 2002 in the U.S., fundraising by bishops and parishes went up, said Harris, the author of "The Cost of Catholic Parishes and Schools," published in 1996 by Sheed & Ward.

..."Parish giving wasn't affected by the earlier scandal and I expect the same pattern to hold here," said Charles Zech, director of the Center for the Study of Church Management at Villanova University in Pennsylvania.

The biggest obstacle standing in the way of real reform is that there are still millions of Catholic loyalists who support the church financially, regardless of what crimes it commits. They may even give slightly more in times of crisis, due to a circle-the-wagons mentality. As long as the church is being sustained by this steady stream of cash, it has no incentive to change its ways, and probably won't.

However, I'm not as pessimistic as that article would imply. As is usually true with religion, I think change comes about generationally. Younger people who aren't as set in their ways are seeing the crimes of the church and are turning away from it. This may not have a large immediate impact, but the biggest effect of this scandal isn't going to be in the present; it's going to be some years down the line, as elderly Catholic faithful die off and aren't replaced. We already know the church is fading, and this crisis can only accelerate its decline.

May 3, 2010, 5:54 am • Posted in: The RotundaPermalink18 comments Bookmark/Share This
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Beware of Pastors Bearing Gifts

Late last year, an evangelical Christian pastor in Brooklyn announced that he had secured a major grant totaling millions of dollars from the massive evangelical charity World Vision. The pastor, Isidro Bolaños, promised to use this money to hire people from the community to do faith-based social work:

Mr. Bolaños, pastor of the Christian Church of El Dios Vivo, has reassured employees that the enterprise, called Community Project, Brooklyn Pilot Program, is ready to send them into neighborhoods to provide services to families, young people, addicts and the elderly from offices at the Brooklyn Army Terminal.

As you might have expected in these troubled economic times, hundreds of people flocked to job interviews and informational sessions. Most of these took place as part of religious services held at Pentecostal churches run by Bolaños and his associates. As is usual at a church service, the collection plate was passed among these eager hopefuls; some were even asked to bring food for everyone. But the attendees, many of whom were told they were hired on the spot, were in high spirits. Bolaños collected their personal information, such as Social Security numbers and copies of driver's licenses, and told them that his mission would officially open soon in a renovated space in the Brooklyn Army Terminal.

But several promised deadlines for the project kickoff - January 1, then March 1, then March 31 - came and went with no word. When a reporter went to check, he found that the city agency that owns and rents the terminal had never heard of Bolaños and his project, and World Vision denied having awarded any such grant. When Bolaños was reached by phone and asked to explain these facts, he hung up on the interviewer.

Despite these disclosures, Bolaños continued to insist that the project launch was imminent. At his sermons, which now allowed only pre-screened applicants, he blamed the delays on Satan trying to stall the project. He urged his hires not to lose faith, even encouraging them to borrow money if they had to in order to hang on in the New York area while waiting for their first paycheck. He denied ever mentioning World Vision and said that the project's backer was the "American Holding Charities Group", whose existence no outside observer has been able to confirm. He promised that April 5 would be the new start date, which passed with no word. And finally, last week, Bolaños disappeared altogether. An associate said that he had left for Nicaragua on a "missionary trip" and would return in a few weeks.

At this point, I'll be surprised if Bolaños ever returns. This story has all the hallmarks of the advance-fee fraud used so successfully by Nigerian con artists, and he probably realized that the law was starting to take an interest. The only question I still have is what he hoped to gain from this scheme. Did he make that much just from passing the collection plate among his flock? More likely, he had something else in mind. After all, if there was never any grant or any jobs program, what was he collecting people's personal information for? It seems likely that this information will end up in the hands of identity thieves, who'd probably be all too happy to pay for it.

But what's perfectly clear is that Bolaños was able to pull off this scam by exploiting the unquestioning trust that believers have in religious leaders, as well as the Christian teaching that miracles will be granted to those who persevere in faith. Both of these teachings make it much easier for con artists and hucksters to evade scrutiny:

"We never doubted, because since he was a minister, we never thought he would lie to another minister," said that member, the Rev. Gonzalo Rodriguez, who has served as secretary to an executive council of pastors Mr. Bolaños assembled.

Rev. Dale T. Irvin, president of New York Theological Seminary, said those incidents point to a vulnerability that has long endangered these small, independent churches.
"What makes the people vulnerable are their hopes for a miracle," he said. "They are hoping a pastor will come and rescue them."

Stories like these are exactly why the New Atheists call on society to tear down the abnormally thick wall of respect afforded to religion. Of course there are secular versions of this scam, but religion is unique in having built-in mechanisms to discourage doubt and questioning, which con artists can all too easily use to their advantage as long as they know the right code words. If more people were willing to apply skepticism and critical thinking to religious claims, scams such as this would be much harder to get away with. And conversely, whatever measures local ministers take to help those who've been taken in by Bolaños, their efforts will be for naught as long as they keep teaching their congregations that they must have faith in the unseen - because that core religious teaching is what enables these scams to flourish in the first place.

April 26, 2010, 1:34 pm • Posted in: The RotundaPermalink17 comments Bookmark/Share This
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