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Archive for the month “February, 2022”

9th Circuit: Qualified Immunity Requires Dismissal Of Inmate’s Religious Meal Complaint

This is from religionclause.blogspot.com which you can find here:

In Miller v. Acosta, (9th Cir., Feb. 25, 2022), a suit by an inmate, the U.S. 9th Circuit Court of Appeals held:

The district court properly determined that defendant Acosta was entitled to qualified immunity on Miller’s free exercise claim because Acosta’s conduct in refusing to provide Miller with his RMA [Religious Meat Alternative] meals when Miller did not show him a Religious Diet Card did not violate clearly established law.

You can learn more about this issue here.

Templeton Project: Symbolism and Orthodoxy

Back in October 2015 I wrote about the inauguration of the Abington Templeton Foundation (see here).  The project is now underway (see here) and I will be posting our writing here.

Check out the latest piece entitled “Symbolism and Orthodoxy.”

See also:

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Years ago, I happened to be in a Quaker meetinghouse.  I was astounded at what should not have surprised me.  The building contained no Christian symbols, pictorial or otherwise.  Banners were hung in the fellowship area, but not one of them included a Christian symbol.  This experience reminded me that The Society of Friends gave up the Christian faith a long time ago.  They do not use creeds, nor, I believe, do they insist that their members believe the articles of the Christian faith as expressed in the Holy Scriptures and summarized in the creeds.

I wonder now if there is a relationship between symbolic poverty in a religious body and heresy.  The  poverty of symbols could be an effect rather than a cause of heterodoxy (false belief).  But, we can assert with some confidence that lack of symbols accompanies heterodoxy as in Islam which Saint John of Damascus describes as a Christian heresy.  Islam allows non-pictorial symbols; but, overall suffers from a destitution in worship and practice.

In the eighth and ninth centuries, the iconoclastic (An iconoclast is one who breaks images and is opposed to the use of images in worship and devotion) controversy raged in church and state in the Eastern Roman Empire centered in Constantinople (modern Istanbul).  Saint John of Damascus earlier defended the use of images against the teachings of Islam.  The iconoclasts in the Eastern Orthodox Church in the end lost the battle, undone by the Seventh Ecumenical Council.

Luther had to contend with Andreas Carlstadt in Wittenberg who encouraged the breaking of images.  Luther took a moderate position that defended the proper use of images.  In Lutheran churches in Germany today, images in the churches are common.

While some would say that images are prohibited by the Ten Commandments, defenders of their use like Saint John would point out that the Son of God came to us as a man. He is thus portrayable without idolatry, defined as the worship of images, though God in Himself can not be portrayed.

A symbolically rich tradition provides in its art a continual reminder of the essentials of the faith.  Images are not to be worshipped but should be provided for teaching and worship.

In your witness you may find images, pictures, icons, etc. as helpful in explaining to people the essentials of the Christian faith.  One time in Kensington, as I was working among  the street people, a young man approached me with copies of some of Rembrandt’s paintings of Christ that were published in a magazine.  He asked me, “Who is this?”  I explained.

Images can be used for worship and teaching without becoming the things worshipped.  They serve as reminders of our faith. In the Eastern Orthodox tradition they are windows into heaven, but definitely are not worshipped but point to that which is to be worshipped–the true God.  They help us keep on the path of truth without steering us into false teaching.  In short, from an evangelical Lutheran point of view, they are permitted.

Michael G. Tavella

January 4, 2022

YesSource: Yes Albums – Relayer

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

YesSource: A Collection of Various Yes Festivals

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Why does wokeness drive me crazy?

The answer isn’t obvious

Nothing irritates me like wokeness.

But why? What is it about a transgender activist on National Public Radio lecturing me about the awfulness of Dave Chappelle’s latest Netflix stand-up comedy special that provokes me to shut off the radio? Why am I driven to apoplexy by the story of geophysicist Dorian Abbot getting disinvited from delivering a scientific lecture at the Massachusetts Institute of Technology because he also opposes some aspects of affirmative action? How come I feel like screaming when I hear that another climate scientist, David Romps, has resigned as director of the Berkeley Atmospheric Sciences Center after he tried to invite Abbot to speak there and was rebuffed by colleagues?  

The answer isn’t obvious.

I know that objecting on principle to “cancel culture” is nonsensical. All cultures rule some moral views out of bounds. I wouldn’t have any objection to a company firing an employee for advocating Nazism or defending child molestation. Once that has been conceded, the question becomes not “should cancelation be allowed?” but “should this specific example of cancelation be defended?” And it’s not obvious why the specific examples of Chappelle and Abbot should matter to me. I don’t know them personally. Chappelle is probably too big to cancel, and I’m not a huge admirer of his comedy. And Abbot’s political writing doesn’t especially impress me.

I also recognize that plenty of people who get canceled/fired/pushed out of positions for their political views (I’m thinking of David Shor, Bari Weiss, and Andrew Sullivan, among others) end up bounding back to greater success and notoriety than they ever enjoyed before the cancelation.

Then there’s the fact that the political reaction to wokeness is often more pernicious than the offense itself, as when Republicans attempt to use state power to police speech and thought in schools and the workplace.

Then why does wokeness nonetheless drive me crazy?

The beginning of an answer can be found in the fact that wokeness makes me feel like I’m attending Sunday school in a denomination and parish I never chose to join. I just turn on the radio or open the paper or scroll through Twitter — and the next thing I know, a finger-wagging do-gooder with institutional power behind him is delivering a sermon, showing me The Way, calling on me to repent, encouraging me to be born again in the moral light.  

Why is this antagonizing? Two main reasons.

First, there’s the speed of ostensible moral change. In a recent New York Times piece, we learn that Broadway shows are taking advantage of the pandemic pause in performances to make changes to scripts and staging in order to eliminate scenes or gestures that now supposedly offend moral sensibilities. As James Monroe Inglehart, who plays Thomas Jefferson in Hamilton, puts it, “We used to say a show was frozen, but the show is never frozen now…. The shows are evolving, and they will evolve as the world evolves.”

But this isn’t quite true. As the article also notes, it’s standard for adjustments to be made to shows from decades in the past when they are brought back as revivals. What’s unique about what’s happening now is that “an assortment of hit shows [are] reconsidering their content midrun” — adding disdain toward Jefferson to Sally Hemings’ movements in Hamilton, clarifying that one of the characters in Jagged Little Pill is nonbinary, giving more agency to the Ugandan villagers in The Book of Mormon.

This represents an incredible acceleration of change, with a rate of moral development that used to take decades now supposedly taking place in just a handful of years. That’s incredibly destabilizing, like trying to remain standing on a cultural tilt-a-whirl without so much as a stable handrail to grab onto. And it’s combined with a total lack of reflection on precisely how or why this change is taking place. How can it be that things considered perfectly fine in 2019 have become “problematic” just a year or two later? What is the process involved? How can we know that the new standards currently being imposed and enforced won’t be superseded by, say, mid-2023?

That’s where the second source of antagonism comes in. As the article about changes on Broadway also notes, those choosing to make alterations to shows “are responding to pressure from artists emboldened by last year’s protests, as well as a heated social media culture in which any form of criticism can easily be amplified.” So … activists insist on the change, backed up by likeminded social media mobs. That’s it? That’s the authoritative, trustworthy process by which our common moral world purportedly “evolves” over time?

I’d say that’s a pretty inadequate account of morality and social change — though it’s one with a long history on the antiliberal left. The theory has two aspects: first, the conviction that whatever is most recent is morally superior, because history inexorably unfolds in the direction of moral progress, with even apparent setbacks serving as a dialectical advance toward an ever-better future; and second, the view that progress is led or directed by a moral vanguard. Vladimir Lenin thought this vanguard would take the form of a revolutionary political party. But there’s no reason why it couldn’t take a different form, contributing to moral progress by working through those “emboldened” artists and Twitter mobs mentioned by the Times.

Either way, this is a vision of moral change or evolution in which a self-appointed class of moral reformers pronounce judgment on the prevailing views of their time and insist that they change. Some, hoping to end up on the right side of history, will defer to this moral vanguard, acting as the amplifiers and enforcers of its will. Others, morally retrograde members of society, will resist and face denunciation for their recalcitrance. And then the process will continue. What is held out as the cutting edge of moral truth today will inevitably be surpassed and replaced by an even more perfect moral truth tomorrow, or maybe even later this afternoon, with left-wing activists directing the ever-accelerating process every step of the way, ever onward, ever higher.

It should be obvious that this isn’t an especially small-d democratic process. It’s one in which a single political faction uses a form of moral blackmail to seize control of the cultural reins and then deploys that (often sub-political) power to bring about a certain kind of social change. Its members set themselves up as our moral betters, dictating what’s right and wrong, redefining what’s socially acceptable and what isn’t, determining what’s in and what’s out of bounds. Never mind that the members of this faction do not command majority support in public opinion, they were never elected to representative office of any kind, and they lack broad-based authority and legitimacy.

Despite that, these moral busybodies profess to exercise a form of sociocultural rule, telling the rest of us how and when we need to change our views of people and groups, our taste in the arts and entertainment (including comedy), and our judgment of scholars and journalists.

No wonder I find it more than a little irritating.

By Damon Linker and originally published in The Week on October 26, 2021 and can be found here.

AN EMPLOYMENT DOCUMENT PRIMER I

Unfortunately, one of the byproducts of the last recession from which this country is slowly recovering, is that employers, more so than in the past, are treating employees as expendable and replaceable commodities. Although minimum wage employees in service industries have generally lacked job security, judging from potential client inquiries, as well as clients whose matters I am handling, or have handled in the past, even highly educated, highly skilled and highly paid employees, who have always done a good job, are being terminated suddenly, for no apparent reason other than the whim of their corporate employers. 

The result of this corporate activity is that employee loyalty has all but disappeared, job security is non-existent, employee morale has taken a nosedive, and employee anxiety and depression have increased. After all, if an employee is doing the best job they can, is meeting the goals assigned to them, and is still in constant fear of losing their job, these things impact on their quality of life.

                This blog, which is the first part of a three part series, will serve as a primer on how to best protect oneself as an employee. If the reader has not undertaken one of the following suggestions or actions to date, there is still time to do so, so don’t despair. Future blogs will discuss what documents to keep during one’s employment and what documents to keep or request at the conclusion of one’s employment.

During the hiring process an employee should make certain that they request and receive a copy of every document they are asked to sign. This may appear to be a common sense suggestion, but it is rare that employees receive copies of all the documents they have signed, and it is even rarer that they retain copies of all of the documents they have signed.  Employees are generally so happy to be hired for a job that they do not consider it important to get and keep copies of these documents.  Employees also rarely question, or even read, all of the documents they are asked to sign at hiring, not realizing that some of these documents may limit their future job prospects once their employment ends in some form. Some of the documents they are asked to sign are required signing, but an employee should at least read them. Other documents may have terms which are flexible, such as non-compete agreements, and an employee may suggest changes.

Below are the types of documents that an employee should retain:

  1. Employment agreements or contracts, preferably signed by all parties whose signatures are noted, and any attachments to these agreements.
  2. Non-compete agreements.
  3. Confidentiality agreements.
  4. Licensing, trademark, property propriety and development, and invention development documents.
  5. A list of equipment provided to the employee and the policy for returning this equipment.
  6. A list of the types of insurance an employee is to receive, usually coverage for one or more of these types: health, dental, life, short and long term disability, plus documentation that can assist an employee in knowing about the terms and condition of the insurance plans.  
  7. Company policies on accumulating and using sick, vacation and personal days.
  8. Stock options- when they vest, and if terminated before they vest, the company’s policy on buying out the options.
  9. Company handbooks or policies. Of particular importance are progressive discipline policies and termination policies and benefits. If these policies are on an intranet system, if possible get hard copies of the documents.
  10. 401 k matching information and if employment ends prior to company matching in a given year, what happens to potential employer contributions?
  11. Any collective bargaining agreements in effect at the beginning of one’s employment if one is either a member of a union, or is governed by union agreements or policies.

_________________

Faye Riva Cohen, Esquire is the founder and managing attorney of the Law office of Faye Riva Cohen, P.C. in Philadelphia, PA. She writes a blog called “Tough Lawyer Lady.” She represents clients in labor, discrimination, family law, real estate, and estate litigation issues. Her office is located at 2047 Locust St. in an historic brownstone. She can be reached at 215-563-7776 or at frc@fayerivacohen.com

Templeton Project:An Overall Idea

Back in October 2015 I wrote about the inauguration of the Abington Templeton Foundation (see here).  The project is now underway (see here) and I will be posting our writing here.

Check out the latest piece entitled “An Overall Idea.”

See also:

_____________________________

Americans do not live in a culture with an overall idea.   One might object by saying that we have freedom and the Constitution as causes worthy of our united respect.  But, neither is any longer compelling in our society. The organs of government must make great efforts to keep the rickety system working.  Among the elites a disenchantment with the American experiment has set in.  Socialism and critical race theory have carried the day, indicating a powerful repudiation of fundamental American ideas and institutions. Religion is unfavored among the ‘intelligent and cultured.’  Powerful segments of our society, Hollywood, professional sports, and the universities among the most outstanding, have aligned with the deconstructive forces at work in America.  We have become a society that fails at synthesis, that is, at an overall idea that makes sense of our national life and our existence on this planet.  We live with a highly diminished meaning structure.  The powerful symbols of yore have greatly declined in significance for large numbers of people.

We have not learned that we can be critical of our weaknesses while upholding America’s strengths.  Today it is mostly either/or, an unreflective belief in waning symbols or a contempt for them.  We must restore a love of country without unthinking allegiance or approval of those beliefs and actions that are unworthy of our respect.

The question for us is, how do Christians respond to these circumstances?  While we should respect the diversity that exists in our nation, we should also proclaim the overall idea that truly would unite the country at a deep level.  It would be the profound (profundus–deep) idea that only God can explain our existence and make sense of it.  Not God in general, but God revealed in Jesus Christ is the compelling idea that unites people into a community that seeks the welfare of all people, even those who differ from us in belief.

We could be more closely united to non-Christians by a mutual respect for our national institutions and for the good our nation has done along with a rejection of all that does harm to our people.  We must praise and criticize America at the same time.  There is no room for hatred.  We are in the American project together and should work for what is best for all.  The elites must understand that they should work not only for their own welfare but also for everybody’s.

One might say that we can not have diversity and this sort of unity at the same time.  Moreover, the Church in its history has shown plenty of division and disunity.  All of this is true, yet she is the only hope for a truly cohesive society that also maintains diversity among its people.  The Church is compelled again and again to return to the Shepherd who unites the sheep with His compassion.

We are people from many nations.  This diversity is true to the American idea.  Many conflicts have occurred in our history, the most prominent being the Civil War.  But, we have also had success in our diversity with working together.

We must remember also that the Church has united people of many nations throughout its history.  The church is catholic (universal) in part because of its inclusion of anyone who believes in Christ as Lord. The people confess a common faith either in creed or, especially in the free church tradition, in prayer and preaching of those fundamental creedal elements.

No other institution in society is more capable of bringing people together with one overall idea, in this case, a most profound idea, the faith of the Christian Church.  When we evangelize, we are promoting such unity without squelching a diversity of customs, political opinions, and so on. We should leave bigotry where it belongs–autocratic societies as expressed in ideologies such as Communism.  The Twentieth Century is a testimony to its intolerance and bloodletting.

When we witness to the message of the Gospel, we speak not on behalf of ourselves but on behalf of Christ and His Church.  We speak a message that counters all toxic ideas that would enslave people in a false unity.  We call for a unity based on compassion and love for the neighbor, even for the enemy, as Christ so clearly taught.

Michael G. Tavella

Holy Innocents, December 28, 2021

Joe Arcieri Songs:Ascension

Joe Arcieri is a friend of mine who I worked with for many years during my ten years working for Acme Markets.  Joe, when not stocking milk or saving lives as a nurse, is an excellent guitar player.  I have had the privilege, from time to time, of (badly) plunking my bass guitar with Joe as he melts a face or two with a great solo.

As great musicians do, Joe has written some of his own songs and keeps a soundcloud site to post them.  When I have opportunity, I will post his music here as well.

Here is his composition called “Ascension” which you can find here.

Here are the links to the previously posted songs by Joe:

Yes Albums: Tales from Topographic Oceans

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

YesSource: goofs, false starts, an flubs

Here are my latest uploads to YesSource, my Yes rarities youtube page (about which you can read here).  This post is another addition to my series of Yes music posts and a collection of all my Yes-related posts is here.  Yes, of course, is a, if not the, premier progressive rock band, and I am an enormous fan of it.

You can see all of my Yessource uploads here.

My latest YesSource uploads can be found here:

Also, be sure to check out these links as well: Steve Howe in a bad mood collection

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