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On Sunday, September 4, 2016 at 10:30:24 AM UTC-5, gtheist957 wrote: > > Plain ole do you have job ? > > On Sep 4, 2016 10:25 AM, "plainolamerican" <[email protected] > <javascript:>> wrote: > > The civilization jihadists pushed for their own sub-legal system in Texas > --- > Across the United States, religious courts operate on a routine, everyday > basis. The Roman Catholic Church alone has nearly 200 diocesan tribunals > that handle a variety of cases, including an estimated 15,000 to 20,000 > marriage annulments each year.1 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn1> > > In addition, many Orthodox Jews use rabbinical courts to obtain religious > divorces, resolve business conflicts and settle other disputes with fellow > Jews. Similarly, many Muslims appeal to Islamic clerics to resolve marital > disputes and other disagreements with fellow Muslims. > > For the most part, religious courts and tribunals operate without much > public notice or controversy. Occasionally, however, issues involving > religious law or religious courts garner media attention. The handling of > clergy sexual abuse cases under Catholic canon law, for example, has come > under scrutiny.2 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn2> > > Internal church proceedings aimed at disciplining Protestant clergy have > generated news coverage because they have highlighted debates over same-sex > marriage and openly gay ministers.3 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn3> > > There also have been public protests against Orthodox Jewish men who > refused to grant their wives a religious divorce.4 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn4> > > Meanwhile, bills aimed at banning the use of Islamic (sharia) law – or at > restricting the application of religious or foreign law in general – have > been introduced in more than 30 state legislatures. (For more details on > those legislative initiatives, see the map graphic “State Legislation > Restricting Use of Foreign or Religious Law > <http://features.pewforum.org/sharia-law-map/>.”) > > Disputes over the laws of various religious traditions have occasionally > made their way into U.S. civil courts, but the Supreme Court consistently > has ruled that judges and other government officials may not interpret > religious doctrine or rule on theological matters.5 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn5> > > In such cases, civil courts must either defer to the decisions of religious > bodies or adjudicate religious disputes based on neutral principles in > secular law. For example, in recent years the Episcopal Diocese of Virginia > has battled in state court with several congregations over control of > buildings, property and funds after the congregations voted to join more > theologically conservative branches of the worldwide Anglican Communion. So > far, the cases have been decided in favor of the diocese using contract and > real estate law rather than church law.6 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn6> > > *Role of Mediation in Religious Legal Disputes* > > Grievances within a faith tradition often are settled amicably or > adjudicated by the religious community itself without involvement from > religious or secular courts. Indeed, many religious groups encourage > members who are accused of (non-criminal) moral wrongdoing or who are > involved in a financial dispute with another member of the religious group > to engage in mediation in an effort to come to a voluntary agreement. In > many cases, more formal tribunals and the like are employed only after such > efforts at mediation fail. > > For many Christians, mediation is more than just a cost-efficient way to > resolve disputes. Some cite biblical passages, such as St. Paul’s First > Letter to the Corinthians, which urge believers to bring their grievances > to fellow believers rather than to outside authorities. In addition, some > Christians believe that mediation helps to promote reconciliation and > forgiveness for everyone involved. “God has called us to something that’s > more glorifying than proving what’s right or even just,” according to > Annette Friesen, who works as a conciliation and training consultant at > Peacemaker Ministries’ Institute for Christian Conciliation in Billings, > Mont. > > Mediation also has a place in other faith traditions. For instance, a > saying (or hadith) of the Prophet Muhammad speaks of the risks judges take > when they make wrong or unjust decisions.7 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn7> > > As a result, mediation is often viewed as a better course of action than > settling the dispute in court, according to Imam Moujahed Bakhach, who > directs the Mediation Institute of North Texas in Fort Worth.8 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn8> > > “Many Muslims like mediation for resolving problems because it allows them > to work things out without necessarily disclosing private matters in a > public place,” Bakhach says. > > Jews – particularly the Orthodox, who often view Jewish law (halakhah) as > governing nearly every aspect of daily life – also frequently turn to > religious mediators to resolve disputes with fellow Jews. “Mediation is > strongly favored in Jewish law, and rabbinic literature contains high > praise for parties who are able to settle their disputes rather than engage > in litigation,” according to Rabbi Shlomo Weissmann, director of Beth Din > of America, a rabbinical court in New York City. “While there is no > specific process for mediation that all or most rabbis follow, rabbis > encourage settlement and will attempt to mediate disputes whenever that is > possible.” > > When mediation is not possible, either because the parties are unable to > come to a settlement or because the case involves accusations of a > particularly serious nature, churches and other religious groups may turn > to religious courts or tribunals. > > *View a specific religious affiliation:* > African Methodist Episcopal Church > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#african> > Assemblies > of God > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#assemblies> > > Buddhism > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#Buddhism> > Catholic > Church > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#catholic> > > Church of Jesus Christ of Latter-day Saints > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#church> > Episcopal > Church of the United States > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#episcopal> > > Evangelical Lutheran Church in America > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#evangelical> > > Hinduism > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#hinduism> > > Islam > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#islam> > > Judaism > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#judaism> > > Lutheran Church – Missouri Synod > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#lutheran> > Presbyterian > Church, U.S.A. > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#presbyterian> > > Southern Baptist Convention > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#southern> > Unitarian > Universalist Association > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#unitarian> > > United Methodist Church > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#united> > > > *About This Report* > > This report by the Pew Research Center focuses on religious courts and > mediation, examining how some of the country’s major Christian > denominations and other religious groups – 15 groups in total – routinely > decide internal matters and apply their religious laws. > > Some of the legal codes – Islamic sharia and Jewish halakhah, for example > – are quite comprehensive, covering many aspects of individual, family and > community life, from marriage and divorce to death and inheritance. Other > religious legal traditions, including those of many Protestant > denominations, focus largely on internal church governance, including the > expulsion of members and disciplining of wayward clergy. > > Each entry includes links to official documents and other resources to > help readers who want to delve more deeply into a particular religious > group’s laws or judicial system. > ------------------------------ > African Methodist Episcopal Church > > The African Methodist Episcopal Church (AME), one of the nation’s largest > African-American churches, has a hierarchical structure with a number of > layers. Near the bottom of this hierarchy is the Quarterly Conference, a > local administrative body within each AME congregation that meets four > times a year and is made up of local church leaders. Quarterly Conferences, > in turn, are part of larger regional groupings that meet once a year, > called Annual Conferences. Ordained and lay delegates elected by the Annual > Conferences convene every four years in what is called the General > Conference. > > *Disciplining Church Members* > > The church’s ecclesiastical law is outlined in its Book of Discipline. Lay > members may be subject to discipline if they disrupt their congregation or > behave in ways that, in the words of the church’s chief executive and > general superintendent, Bishop Clement Fugh, “exclude them from the grace > and glory” of the church. This can include being rowdy during services, > being drunk in public or refusing to submit to the authority of church > leadership. > > Allegations of such misconduct go to a group of the local congregation’s > leaders – known as the Board of Stewards – which investigates and issues an > opinion on the credibility of the charges, says Fugh. The board then > presents its findings to a committee it has appointed to hear the case. > During the hearing, the accused may speak and call witnesses on his or her > behalf. The committee then votes on whether to affirm the decision of the > Board of Stewards. Possible punishments include suspending membership or > barring the offender from holding leadership positions in the church. > > Those who believe they have been unfairly disciplined may appeal to their > congregation’s Quarterly Conference during its next meeting. The appeal is > heard by the members of the conference – a presiding elder as well as a > group of leaders from the congregation. The conference’s decision is final, > Fugh says. > > *Disciplining Religious Leaders* > > Disciplining clergy is a more complicated process, in part because the AME > Church handles sexual misconduct and other kinds of misconduct differently, > Fugh explains. > > *Sexual Misconduct* > > Any sexual misconduct involving a minor is immediately turned over to > civil authorities for investigation. When charges of other kinds of sexual > impropriety arise – for example, when a minister is alleged to have had an > extramarital affair with an adult congregant – the Board of Stewards of the > minister’s congregation reports the charge to the presiding elder of that > congregation. The presiding elder then refers the allegation to the > Judicial Committee of the Annual Conference to which the church belongs, > which then investigates the matter. > > If the Judiciary Committee finds the charge is credible, it convenes a > Trial Committee –comprised of 12 elders from the Annual Conference – and > holds a formal trial. During the trial, the Judiciary Committee provides > the evidence against the accused and may call witnesses. The accused may be > represented by a secular lawyer, church elder or other counselor and may > also call witnesses. Members of the Trial Committee act as judges and rule > on the charge. A person can challenge the ruling of a Trial Committee by > appealing to the Judicial Council, a body of nine ministers and laypersons > elected by the General Conference as the highest judicial body in the > church. The Judicial Council reviews the trial and issues a ruling, which > is final. > > *Other Misconduct* > > According to Fugh, when an ordained minister is charged with committing a > non-sexual offense, a church panel called the Ministerial Efficiency > Committee handles the complaint. Offenses that might come before this group > include unethical behavior, such as theft, as well as preaching ideas that > are inconsistent with AME doctrine, such as proclaiming that homosexuality > is not a sin. The Ministerial Efficiency Committee hears evidence in the > case and makes a report to the Annual Conference to which the church > belongs. The report includes the committee’s opinion on the guilt or > innocence of the accused and, if appropriate, a recommended punishment, > such as a formal reprimand or suspension. At the Annual Conference’s next > meeting, it reviews the report and votes on the charge. Its decision is > final. > > Fugh notes, however, that the AME Church rarely employs this complex > judicial system. Though there are more than 4,000 AME congregations in the > United States, he says, “very few” cases arise each year against either > laypersons or ministers. > > *For More Information* > > The Doctrines and Discipline of the African Methodist Episcopal Church > <http://docsouth.unc.edu/church/ame/menu.html> > > Governing Structure of the African Methodist Episcopal Church > <http://www.ame-church.com/about-us/structure.php> > ------------------------------ > Assemblies of God > > The Assemblies of God, the largest Pentecostal denomination in the U.S., > according to Pew Research’s 2007 U.S. Religious Landscape Survey, is a > fellowship of churches that gives its roughly 12,500 congregations > substantial autonomy.9 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn9> > > At the same time, it has a two-tiered hierarchy – consisting of 64 regional > District Councils and a national General Council – which exercises limited > authority over congregations and credentials their ministers. Under this > governance structure, local congregations control many areas of church > life, including disciplining lay members for misconduct. But regional and > national church authorities play an important role in settling some > disputes, notably those involving clergy. > > *Disciplining Clergy* > > The church’s bylaws list 14 offenses that can bring about the dismissal of > a minister, including sexual immorality, incompetence, financial > impropriety, and being contentious and uncooperative toward district > leadership. “The ones that get invoked most often involve sexual > misconduct, misusing money and having a contentious spirit,” according to > James Bradford, general secretary of the church. “We usually dismiss fewer > than 125 pastors each year, out of a total of over 35,000 credentialed > ministers,” he adds. > > When an Assemblies of God minister is accused of wrongdoing, the complaint > is taken up by the superintendent of the district where the pastor’s church > is located. If, after an investigation, the superintendent finds the > charges to be credible, he calls the minister before the district’s > governing board. Here, the minister has a formal opportunity to hear the > evidence against him and to respond. If the board determines that the > charges are true, it can either suspend the minister (often with the hope > of rehabilitating him) or dismiss him. The severity of the disciplinary > action usually depends on the offense and the willingness of the minister > to repent. “Our first instinct is always rehabilitation and restoration,” > according to Duane Durst, superintendent for the New York District. > However, Durst says, there are some offenses that lead to automatic > dismissal. “Child abuse and molestation, using child pornography, > homosexual conduct: these are absolute knockouts,” he says. > > If the district board finds the pastor culpable and the pastor continues > to maintain his innocence, he can appeal to the national church’s General > Council and its 20-member Credentials Committee. The committee can either > affirm the district’s decision or, if it determines that the case was not > handled properly, return it to the district for reconsideration. The > committee does not have the authority to overturn the district’s decision, > however. If the district’s decision is affirmed, the accused pastor can > appeal one more time – to the General Presbytery, the national church’s > 300-member policymaking body. However, the General Presbytery will consider > an appeal only if there is new exculpatory evidence. Otherwise, the > decision is affirmed and no further appeals are allowed. > > *Conflicts Between Pastors and Congregations* > > Church officials also play a role in mediating conflicts between pastors > and their congregations. These conflicts are “usually about control – who’s > in charge and how are they in charge,” according to Durst, who has mediated > these types of disputes as a district superintendent. > > If the pastor, the church’s board of elders or 30 percent of the > congregation’s members request it, the district superintendent will > intervene to try to resolve a dispute. Usually, the superintendent appeals > to each side to understand the other. For example, if a congregation brings > a complaint about the way a new pastor is allocating church resources, the > superintendent will attempt to mediate the dispute and find a solution that > both sides can live with. “We remind the congregation that they chose this > pastor and that they need to understand that there are significant > differences between him and his predecessor,” Durst says. “And we tell the > pastor that he needs to earn [the congregation’s] trust before he can make > big changes.” This strategy works “about half the time,” Durst says, > adding, “Often how we handle the problem is much more important than the > problem itself.” > > *For More Information* > > Assemblies of God Constitution and Bylaws > <http://agchurches.org/Sitefiles/Default/RSS/AG.org%20TOP/GCM%2008%202011%20-%20Constitution%20and%20Bylaws%20with%20Minutes%20-%20Index%20-%20For%20Web.pdf> > > (PDF) > > Assemblies of God Statement on Requirements for Ministry > <http://ag.org/top/Beliefs/Position_Papers/pp_downloads/pp_102909_Pentecostal_ministry_and_ordination.pdf> > > (PDF) > > Assemblies of God Views on Discipline and Self-Control > <http://ag.org/top/beliefs/topics/charctr_02_selfcontrol.cfm> > ------------------------------ > Buddhism > > There is no unified Buddhist law or central Buddhist authority in the > United States. While American Buddhists may agree on some core ethical > principles, Buddhist communities in the U.S. are largely autonomous and may > enforce rules differently. This contrasts with Buddhism in Asia, where the > religion’s major sects are organized around monasteries that are deeply > rooted in Buddhist law, according to Charles Prebish, professor emeritus of > religious studies at Penn State University and Utah State University. > “Buddhism, as it [has] moved west, has never been a strongly monastic > tradition,” Prebish says. > > The basic law or code of ethics embraced by all major Buddhist sects is > called the Vinaya. Each sect has its own variant of the Vinaya, usually > consisting of more than 200 rules to which all monks and nuns are expected > to adhere. The four most important rules are maintaining celibacy, not > stealing, not killing and not making false claims to spiritual attainment. > Laypersons are traditionally expected to follow five rules, which prohibit > killing, lying, stealing, taking intoxicants and having illicit sex. > > According to Thanissaro Bhikkhu, abbot of Metta Forest Monastery in > northern San Diego County, Buddhist sects in the United States are not as > hierarchical as those in Asia.10 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn10> > > Instead, he says, Buddhist sects in the U.S. can best be described as > “membership organizations of individual and independent monasteries.” Even > within each sect, he says, there is no authority enforcing a standard > interpretation of the Vinaya. “There is no pope. Each community is its own > authority,” he says. > > The cohesiveness of Buddhist law in America is further diluted by the > diversity within communities, according to Paul Numrich, professor of > religion in the Theological Consortium of Greater Columbus, Ohio. Some > Buddhist communities include monks or nuns from more than one sect – > another practice that differentiates American Buddhists from their Asian > counterparts. Accordingly, Buddhist monks and nuns in American communities > must adjust the Vinaya to smooth out sectarian differences. In addition, > Numrich says, American monasteries tend to bend the rules to accommodate > modern life – for example, by allowing monks to wear shoes or ride in cars, > something generally not done in Asian monasteries. > > Though various American Buddhist communities have their own ethical > standards, monks and nuns – and, to a lesser degree, laypeople – still are > subject to discipline if they break their commitments to the Buddhist way > of life. According to Prebish, when monks violate the Vinaya, or when lay > Buddhists break one of the five central rules, they often receive some form > of punishment. For severe offenses, monastics can be expelled from their > communities and lose their status as monks and nuns. Laypeople also can > have their membership in a religious community revoked. > > *Disciplining Monastics* > > According to Thanissaro Bhikkhu, monks at his monastery are rarely > punished for minor infractions, such as eating at the wrong time of day. > However, when a monk is accused of a more serious offense, such as theft, > sexual immorality or “starting strife about the [monastery’s] rules or > teachings,” an investigation usually follows. Normally a council of about > four abbots from nearby monasteries will meet with the accused and the > accuser (who does not have to be a fellow monastic or even a Buddhist) to > ask questions and determine whether the monk is culpable. If the abbots > believe the charges are credible, they will attempt to obtain a confession. > A speedy confession is important because it can result in leniency. When a > monk will not confess to a violation of the Vinaya, even a minor one, his > whole community can vote on his status as a member of the group. With a > unanimous vote, the community can expel a wayward monk or even defrock him, > making him ineligible to enter another monastery. > > After confessing to a minor offense, a monk might be put on probation. > According to Thanissaro Bhikkhu, the probationary period usually lasts six > days plus the number of days the monk concealed the violation. Probation > normally consists of removing the monk from some of his daily duties, > especially anything involving leadership of novices. > > *Disciplining Lay Buddhists* > > There also is one situation in which lay Buddhists attached to the > monastery might be disciplined, Thanissaro Bhikkhu says. “If the monks are > convinced a particular [layperson] is trying to defame the monks or trying > to harm the monks, they can get together as a community and refuse to > accept alms from that person,” he says. In Buddhism, the giving of alms is > more than an act of charity; it helps lay Buddhists achieve spiritual > enlightenment by lessening their attachment to material things. Therefore, > when monks refuse to accept alms from someone, they make it difficult for > the person to continue to move forward in their practice of the faith. > > According to Thanissaro Bhikkhu, if a lay Buddhist breaks state or federal > law, Buddhist monks would not become involved. “There’s no ecclesiastical > court that deals with that kind of” misconduct, he says. > > *For More Information* > > The Buddhist Monk’s Discipline: Some Points Explained for Laypeople > <http://www.accesstoinsight.org/lib/authors/khantipalo/wheel130.html> > ------------------------------ > Catholic Church > > Based on ancient Roman civil law and developed over many centuries, > Catholic canon law is complex and extensive, affecting the lives of both > ordained and lay Catholics. In the United States, canon law cases are > administered primarily by local tribunals, which largely handle > marriage-related cases in which no one is on trial. Less frequently, > American canon law tribunals will adjudicate disciplinary cases against > clergy. > > *The Canon Law Court System* > > Canon law is administered by a three-tiered hierarchy of courts within the > church, says Michael Ritty, founder of a canon law consultancy in Feura > Bush, N.Y. At the lowest level, each of the church’s 195 dioceses in the > United States has a Court of First Instance, which acts as a trial court. > The size and activities of these courts vary widely, according to Nicole > Delaney, director of the tribunal for the Diocese of Phoenix. Some have > large staffs and handle many cases each month, while others (generally in > smaller dioceses) are small and devoted almost exclusively to granting > marriage annulments. > > In addition, each diocese sends all appeals to an appellate court, known > as a Court of Second Instance, usually administered by the nearest larger > diocese, known as an archdiocese. The final authority on all penal and > non-penal cases is the Holy See, the church’s highest authority headed by > the pope and headquartered at the Vatican in Rome. The Holy See has a > number of final appeals courts. For instance, all marriage appeals are > disposed of by a tribunal called the Roman Rota. Most of the appeals in > penal cases end up at a court called the Apostolic Signatura. However, > appeals in penal cases involving charges of sexual abuse are handled by a > tribunal at the Congregation for the Doctrine of the Faith, which oversees > church doctrine. > > *The Judicial Process* > > At the lowest (diocesan) level, trials are overseen by canon lawyers > acting as judges, who rule after reviewing evidence that has been collected > by the court and presented by counselors, who are known as advocates. While > one judge is adequate for uncontested marital cases, three judges are used > when the trial involves the possibility of excommunication, the dismissal > of a priest, or a marital case where major issues are being contested. > > “This is not an adversarial system like we have in secular courts in the > United States,” Ritty says. “Judges rather than advocates examine > witnesses.” However, Ritty adds, advocates for the parties involved do have > an opportunity to present arguments, with the defense advocate always > speaking last. > > In addition to the judges and the advocates for the parties involved, > there are often court officials who are tasked with representing various > positions. For instance, in marriage annulment cases, where the presumption > of an intact marital bond must be disproved, a person called the Defender > of the Bond argues before the court in favor of preserving the marriage. In > contentious penal cases, such as those involving priestly misconduct, an > official known as the Promoter of Justice is tasked with seeking the > public’s good, somewhat like a prosecutor in secular courts. > > *The Appeals Process* > > According to Delaney, judges’ decisions in marriage and penal cases must > be ratified by the Court of Second Instance. Since the Court of Second > Instance acts as an appeals court, it primarily reviews procedural matters, > ensuring that the trial at the Court of First Instance was conducted > properly. > > If the Courts of First and Second Instance return different rulings in a > marriage case, the Rota in Rome settles the matter. In addition, any party > can appeal directly to Rome, even if there is not a split decision, says > Monsignor Thomas Green, professor of canon law at the Catholic University > of America in Washington, D.C. > > *Types of Cases* > > Green says that “the vast majority” of cases in canon law tribunals are > marital. These include annulments as well as dispensations for Catholics to > marry non-Catholics.11 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn11> > > According to statistics compiled by the Canon Law Society of America, > between 15,000 and 20,000 marriage annulment cases per year have come > before Catholic Courts of First Instance in recent years in the United > States.12 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn12> > > The vast majority of these petitions for annulment ultimately were granted. > > According to Green, most other canon law trials in the U.S. involve penal > cases, which involve serious wrongdoing that often breaks secular criminal > laws. The most serious, including those involving sexual abuse allegations, > bypass the local tribunals and are tried in Rome. In total, Green estimates > that American Catholics are involved in 25,000 to 30,000 non-penal and > penal cases each year. > > In penal cases, the official known as the Promoter of Justice acts not > only as the public prosecutor but also as the chief investigator. Indeed, a > penal trial will not proceed unless the Promoter of Justice informs > officials that there is sufficient evidence to try someone for specific > canon law offenses. > > *For More Information* > > Roman Catholic Code of Canon Law > <http://www.vatican.va/archive/ENG1104/_INDEX.HTM> > > Canon Law Society of America <http://www.clsa.org/> > > CanonLaw.info <http://www.canonlaw.info/index.html> (Website of Canon > Lawyer Edward Peters) > > Catholic News Agency on Marriage and Annulment > <http://www.catholicnewsagency.com/resources/life-and-family/marriage/catholic-marriage-and-annulments/> > ------------------------------ > Church of Jesus Christ of Latter-day Saints > > *Disciplining Church Members and Religious Leaders* > > When a member of the Church of Jesus Christ of Latter-day Saints (Mormons) > seriously violates its teachings or doctrines, local ecclesiastical leaders > first attempt to facilitate repentance and reconciliation. “Our first hope > is always confession and contrition,” says Richard E. Bennett, a professor > of Mormon history and doctrine at Brigham Young University in Provo, Utah. > “We want to give people a chance to repent and change their lives.” In > addition to encouraging repentance, the church’s disciplinary process also > aims to protect the innocent from harm and to safeguard the integrity of > the church, Bennett says. > > There are a host of offenses that constitute misconduct – ranging from > criminal activity to apostasy, which Mormons define as teaching doctrines > or advocating practices in direct opposition to the church. In most cases, > only the most serious offenses lead to formal proceedings. In less serious > cases, the local bishop (the lay leader of a Mormon ward, or congregation) > may impose discipline informally, with an eye toward putting the person > back on the right track. Even serious cases that do not involve members of > the all-male priesthood are usually handled by the bishop or by a > disciplinary council that he convenes. > > The church does not have paid, professional clergy. “In our church, there > is a lay priesthood, and it extends to all worthy male members,” Bennett > says.13 > <http://www.pewforum.org/2013/04/08/applying-gods-law-religious-courts-and-mediation-in-the-us/#_ftn13> > > If a transgression involves a member of the priesthood or serious charges > (such as serial adultery or the commission of criminal felonies) against > anyone in the church, the case may come before a body known as a Stake High > Council. A Mormon stake consists of several wards and is headed by a stake > president, who is also a layman. The Stake High Council is made up of 13 > male members of the church – the stake president and a dozen other local > leaders. > > *Disciplinary Procedures* > > The Stake High Council’s intent is not to punish or rebuke the accused, > says Bruce Hafen, president of the LDS Temple in St. George, Utah. “This is > not punitive. The majority of cases come from those who have confessed > rather than those who have been accused,” he says. Often, a case involves > someone who has confessed but has since repeated their bad behavior. “The > most common offenses are adultery and other sexual offenses,” Hafen says, > adding that a typical Stake High Council hears an average of three or four > cases a month. > > To prevent injustice or misunderstandings, up to six members of the Stake > High Council are prepared to speak on behalf of the alleged transgressor, > while six others defend the best interests of the church and any potential > innocent victims, such as children, who might be involved. After the > proceedings, the stake president determines guilt or innocence as well as > what course of action to take in cases in which the person is found guilty. > > Someone who is found guilty can be put on probation, which involves > stripping the person of certain church privileges (such as the right to > receive sacramental bread and water during services or the right to teach > Sunday school) for a short period of time. Disfellowship, which allows a > Mormon to retain church membership but not hold any offices or participate > in important ceremonies such as baptisms or administration of Communion, is > a more serious punishment. “Probation is often less formal than > disfellowship,” Hafen says, and other congregants often do not know when > someone is on probation. Disfellowship is more severe and more public, > Hafen adds. > > In the most serious cases, a person can be excommunicated, which means a > complete loss of church membership. However, even those who have been > excommunicated for serious offenses can work to be readmitted into the > church or, if they belonged to the lay priesthood, to regain their office. > > Disciplinary decisions at every level may be appealed to the president of > the entire church (who is viewed by Mormons as a prophet and seer) and his > top two counselors. These three function as the First Presidency, the > highest governing body of the church. But, according to Bennett, they > rarely intervene unless there is clear evidence that local authorities > acted inappropriately. The First Presidency “almost always supports what > was done at the local level,” he says. > > *Religious Marriage and Divorce* > > Mormons also have rules governing marriage and divorce. Because they > believe that a marriage “sealed” in a Mormon temple ensures that the > husband and wife will remain together for eternity, divorce is not taken > lightly. Still, if a couple is no longer living together and their efforts > and those of the church to preserve the marriage have failed, they can > petition the First Presidency to grant a cancellation of their sealing, > which is essentially an annulment. These petitions are quite common and the > requests are usually granted. Once the marriage is dissolved, each party is > free to marry another person in the temple. > > *For More Information* > > “Disciplinary Procedures > <http://contentdm.lib.byu.edu/cdm/compoundobject/collection/EoM/id/4391/show/5679>,” > > Encyclopedia of Mormonism > > Official Website of the Church of Jesus Christ of Latter-day Saints > <http://www.lds.org/church/organization?lang=eng> > ------------------------------ > Episcopal Church of the United States > > *Disciplining Clergy* > > The governing structure, rules and procedures of the Episcopal Church are > set out in its Constitution and Canons, which were first ratified by the > church in 1785 and last amended in 2012. One part of the Constitution and > Canons concerns the disciplining of deacons, priests and bishops. Clergy > can face disciplinary action for a variety of offenses. These include > conducting worship services that differ significantly from approved church > liturgy; failing to safeguard church property or money; failing to perform > clerical duties; and misconduct, ranging from committing a crime to having > a sexual relationship with a congregant. > > When accusations are made against a priest or deacon, they are reviewed by > a church official known as an intake officer, usually a high-ranking member > of the clergy who serves the diocese in this position for a set period of > time. If the intake officer believes the accusations fall within the > disciplinary offenses outlined in the Constitution and Canons, the local > bishop will attempt, usually successfully, to settle the issue without > formal proceedings, says Stephen Hutchinson, chancellor of the Episcopal > Diocese of Utah. If, however, negotiations fail, the case is handed to a > disciplinary body known as a Conference Panel, which brings together all > parties – including the bishop, the intake officer and the accused cleric – > in an attempt to resolve the case. “This is not a trial, but a discussion,” > Hutchinson says, adding, “The goal here is to determine the best way > forward.” > > If no agreement or reconciliation is reached, the case against the priest > or deacon moves to a Hearing Panel, where civil lawyers for both sides > present evidence and examine witnesses. Ultimately, a three-judge panel, > made up of clergy and laymen, issues a verdict. If the cleric is found > guilty, he or she can appeal the decision to a diocesan body known as a > Provincial Court of Review. The court of review can overturn the verdict > only if they find procedural flaws in the trial; it does not reconsider the > Hearing Panel’s findings of fact in the case. > > Bishops are treated differently from other members of the clergy. If the > allegations concern deviation from church doctrine, the bishop is tried > before a panel of fellow bishops. If the charges concern other issues, such > as misuse of money or sexual impropriety, the bishop is tried before a > panel of bishops and priests or one consisting of deacons and lay members. > As with the trials of priests and deacons, proceedings against bishops also > involve civil lawyers and the presentation of evidence and witnesses. In > addition, any decision can be appealed to a Court of Review for Bishops, > which consists of nine bishops. Like the Provincial Court of Review, the > Court of Review for Bishops can only overturn a verdict if they discover > procedural flaws in the trial. > > *Disciplining Laypeople* > > Although the Episcopal Church rarely disciplines lay congregants, cases > against laymen occasionally arise. “You can still be excommunicated in the > Episcopal Church by bringing scandal upon the church – by publishing untrue > things about the church or its members or repeatedly disrupting church > services,” Hutchinson says. When a lay Episcopalian is accused of these > kinds of offenses, it is up to his or her priest to determine whether > excommunication is warranted. But excommunications can be appealed to the > local bishop. > > Excommunication is rare – Hutchinson notes, for example, that there has > been only one excommunication in the Utah diocese since he began working > there in 1985 – and it is not necessarily permanent. According to > Hutchinson, sincere repentance can end excommunication. There also are > lighter forms of discipline. For example, a congregant might lose certain > privileges but still retain church membership. “Sometimes people are simply > prevented from coming to the communion rail,” says David Beers chancellor > to the church’s presiding bishop, Katharine Jefferts Schori. > > *For More Information* > > Constitution and Canons of the Episcopal Church > <http://www.episcopalarchives.org/CnC_ToC_2009.html> > > Episcopal Church Discipline: A Guide for the Laity > <http://episcopalchurchdiscipline.org/index.php/en/> > ------------------------------ > Evangelical Lutheran Church in America > > *Disciplining Religious Leaders* > > The governing structure and rules of the Evangelical Lutheran Church in > America (ECLA) are set out in its Constitution, Bylaws and Continuing > Resolutions. These documents lay out disciplinary procedures for cases > involving alleged misconduct by ordained ministers and certified lay > ministers (known as rostered leaders), such as a church’s musical director > or director of religious education. Both ordained ministers and rostered > leaders may be censured, suspended or removed from office for a variety of > offenses, ranging from deviation from church doctrine to adultery or the > commission of a crime. > > In cases where someone makes accusations against a minister or other > church leader, the local bishop investigates the allegations, including > speaking with the accused and his or her accusers. If the minister admits > to serious wrongdoing, such as having a sexual relationship with a > congregant, the bishop typically will ask the minister to resign from the > congregation and perhaps from the official roster of ministers as well. But > if the minister claims to be innocent or refuses to resign from the > ministry, the bishop may bring formal charges or appoint a committee of > clergy and lay representatives from the synod (regional district) to > investigate the allegations further and make a recommendation as to whether > formal disciplinary charges should be brought. > > If formal charges are filed against the minister, the case goes before a > discipline hearing committee made up of 12 clergy and lay members. Half the > members are drawn from the synod in which the charges arose and half come > from other synods of the ELCA. As the formal process unfolds, the accused > remains free to terminate the proceedings by resigning from his or her post. > > Once the disciplinary hearing gets underway, however, the proceedings > follow special rules. The accuser – usually the bishop who brought the > charges – and the accused have the opportunity to present evidence and > confront witnesses. “This has many, though not all, of the same procedures > you’d find in a trial, including limited discovery, right to counsel, right > to cross-examine accusers and right to a record of the proceedings,” says > Robert W. Tuttle, a professor of law at George Washington University and l > > ... -- -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. --- You received this message because you are subscribed to the Google Groups "PoliticalForum" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. 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