Yes that may be the and unless these civil judgements by religious courts are backed up by some sort of legally binding contract recognized by a regular court then the judgements are binding only if recognized by the litigants. Sharia courts are lobbying for legal status for their judgements.
On Sep 4, 2016 1:14 PM, "plainolamerican" <[email protected]> wrote: > To my knowledge the Jewish and Christian so called courts basically > Give counseling. Whereas Sharia courts are lobbying for legal standing. > --- > 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. > > On Sunday, September 4, 2016 at 11:22:19 AM UTC-5, gtheist957 wrote: >> >> To my knowledge the Jewish and Christian so called courts basically >> Give counseling. Whereas Sharia courts are lobbying for legal standing. >> >> On Sep 4, 2016 11:13 AM, "plainolamerican" <[email protected]> wrote: >> >> Just curious as to when you find time to find and read these ponderous >> articles you post here. >> --- >> it only took about 3 minutes to find that info. Using search engines is >> common core knowledge these days. >> >> as you know ... the purpose of presenting that info was to counter >> Travis's islamophobic posted article about sharia law. >> anti-muslim immigration sentiments in America are similar to >> anti-hispanic, jewish, and irish views in US history. >> whether you view it as a national or religious problem, it's going to >> continue for the rest of our lifetimes. >> >> [image: Image result for no jews or dogs] >> [image: Image result for no jews or dogs] >> >> >> On Sunday, September 4, 2016 at 10:54:00 AM UTC-5, gtheist957 wrote: >> >> I own a business. Just curious as to when you find time to find and read >> these ponderous articles you post here. >> >> On Sep 4, 2016 10:49 AM, "plainolamerican" <[email protected]> wrote: >> >> yes ... I work every day. >> I'm an IT and digital content developer, musician and artist. >> Do you have a job? >> >> 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]> 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, su >> >> ... > > -- > -- > 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]. > For more options, visit https://groups.google.com/d/optout. > -- -- Thanks for being part of "PoliticalForum" at Google Groups. 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