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Archive for the tag “policy”

Tactical Retreat: Frequent Flyer

My friend and co-worker Brian M. Lambert has founded an online sketch comedy project called Tactical Retreat which you can find here on Facebook and here on Youtube.

As Tactical Retreat releases new videos, I will post them here.  So far, I have found them rather funny and clever and they seem to get better with each release.

Here are the links to Tactical Retreat‘s previously released sketches:

Tactical Retreat‘s latest sketch is entitled “Frequent Flyer” can be viewed below.

Tactical Retreat: Guilty Pleasures

My friend and co-worker Brian M. Lambert has founded an online sketch comedy project called Tactical Retreat which you can find here on Facebook and here on Youtube.

As Tactical Retreat releases new videos, I will post them here.  So far, I have found them rather funny and clever and they seem to get better with each release.

Here are the links to Tactical Retreat‘s previously released sketches:

Tactical Retreat‘s latest sketch is entitled “Guilty Pleasures” can be viewed below.

Court Enjoins Army From Requiring Special Testing of Sikh Officer

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

“In Singh v. Carter, (D DC, March 3, 2016), the D.C. federal district court, invoking RFRA, granted a preliminary injunction protecting religious rights of an Army officer.  The Army had ordered a decorated Sikh Army captain to undergo costly specialized testing with his helmet and protective mask to assure that his religiously required head covering, beard and uncut hair will not interfere with the functions of the helmet and mask. The court said:

At first blush, the challenged order appears to reflect a reasonably thorough and even benevolent decision by the Army to fulfill its duty of protecting the health and safety of this particular Sikh officer.

Yet, that is far from the complete picture. Thousands of other soldiers are permitted to wear long hair and beards for medical or other reasons, without being subjected to such specialized and costly expert testing of their helmets and gas masks. Moreover, other Sikh soldiers have been permitted to maintain their articles of faith without such specialized testing.

See prior related posting.”

You can learn more about this issue here.

Putting nature on the rack

This is from edwardfeser.blogspot.com which you can find here.  This blog is written by Edward Feser who is a Christian philosopher who I have been recently introduced to who I think provides effective clear, sobering, and direct responses to the advance of secular culture.

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What was it that distinguished the modern scientific method inaugurated by Bacon, Galileo, Descartes, and Co. from the science of the medievals?  One common answer is that the moderns required empirical evidence, whereas the medievals contented themselves with appeals to the authority of Aristotle.  The famous story about Galileo’s Scholastic critics’ refusing to look through his telescope is supposed to illustrate this difference in attitudes.

 

The problem with this answer, of course, is that it is false.  For one thing, the telescope story is (like so many other things everyone “knows” about the Scholastics and about the Galileo affair) a legend.  For another, part of the reason Galileo’s position was resisted was precisely because there were a number of respects in which it appeared to conflict with the empirical evidence.  (For example, the Copernican theory predicted that Venus should sometimes appear six times larger than it does at other times, but at first the empirical evidence seemed not to confirm this, until telescopes were developed which could detect the difference; the predicted stellar parallax did not receive empirical confirmation for a long time; and so forth.)

Then there is the fact that the medievals were simply by no means hostile to the idea that empirical evidence is the foundation of knowledge; on the contrary, it was a standard Scholastic slogan that “there is nothing in the intellect that was not first in the senses.”  Indeed, Bacon regarded his Scholastic predecessors as if anything too quick to believe the evidence of the senses.  The first of the “Idols of the Mind” that he famously critiques, namely the “Idols of the Tribe,” included a tendency to take the deliverances of sensory experience for granted.  The senses could, in Bacon’s view, too readily be deceived, and needed to be corrected by carefully controlling the conditions of observation and developing scientific instruments.  And in general, the early moderns regarded much of what the senses tell us about the natural world — such as what they tell us about secondary qualities like color and temperature — to be false.
So, it is simply not the case that the difference between the medievals and the early moderns was that the latter were more inclined to trust empirical evidence.  On the contrary, there is a sense in which that is precisely the reverse of the truth.

 

Where empirical evidence is concerned, the real difference might, to oversimplify, be put as follows.  Both the medievals and the early moderns regarded sensory experience as a crucial witness to the truth about the natural world.  But whereas the medievals regarded it as a more or less friendly witness, the moderns regarded it as a more or less hostile witness.  You can, from both sorts of witness, derive the truth.  But the methods will be different.

 

Hence, a friendly witness can more or less be asked directly for the information you want.  That doesn’t mean he might not sometimes need to be prodded to answer.  Even if he is honest, he might be shy, or reluctant to divulge something embarrassing, or just not very articulate.  It also doesn’t mean that everything he says can be taken at face value.  He may be forgetful, or confused, or just mistaken now and again.  A hostile witness, by contrast, though he has the information you want, cannot with confidence be asked directly.  Even if he is articulate, has a crystal clear memory, etc., he may simply refuse to answer, or may persistently beat around the bush, or may flat-out lie, seriously and repeatedly.  Thus, he may have to be tricked into giving you the information you want, like the Jack Nicholson character in A Few Good Men.  Or you may be tempted to threaten or beat it out of him, like one of the cops in L.A. Confidential would.  So, you might say that whereas the medieval Aristotelian scientist has a conversation with nature, the early modern Baconian scientist waterboards nature.  Hence the notorious Baconian talk about putting nature to the rack, torturing her for her secrets, etc.

 

Of course, this is melodramatic.  And to be fair, Bacon himself seems not to have put things quite the way commonly attributed to him (i.e. the stuff about torture and the rack).  All the same, the medievals and moderns do disagree about the degree to which the world of ordinary experience and the world that science reveals — what Wilfrid Sellars called “the manifest image” and “the scientific image” — correspond.  For the Aristotelian, philosophy and science are largely in harmony with common sense and ordinary experience.  To be sure, they get at much deeper levels of reality, and they correct common sense and ordinary experience around the edges, but they don’t overthrow common sense and ordinary experience wholesale.  For the moderns, by contrast, philosophy and science are likely radically to conflict with common sense and ordinary experience, and may indeed end up overthrowing them wholesale.

 

(This is not a difference concerning whether to accept the results of modern science, by the way.  It is a difference about how to interpret those results.  For example, it is a difference over whether to regard modern science as giving us a correct but merely partial description of nature — a description which needs to be supplemented by and embedded within an Aristotelian metaphysics and philosophy of nature — or whether to regard modern science instead as an exhaustive description of nature, and a complete metaphysics in its own right.)

 

The early moderns’ attitude of treating nature as a hostile witness — of thinking that the truth about nature is largely contrary to what ordinary experience would indicate — is one of the sources of the modern tendency to suppose that “things are never what they seem,” that traditional ideas are typically mere prejudices, that authorities and official stories of every kind need to be “unmasked,” and so forth.  Michael Levin has called this the “skim milk fallacy,” and I’ve often noted some of its social and moral consequences (e.g. here, here and here).  But these are merely byproducts of a much deeper metaphysical and epistemological revolution.

Church Fails In RLUIPA Challenge To Village’s Zoning Ordinance

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

“In Truth Foundation Ministries, NFP v. Village of Romeoville, (ND IL, Feb. 26, 2016), an Illinois federal district court denied a preliminary injunction to a small congregation serving mainly African immigrants that found itself in violation of the village’s zoning code after it had spent over $50,000 expanding a building it was leasing for use as a church.  The court concluded that the church had failed to show a substantial likelihood of success in its claim that the town’s zoning requirements violate RLUIPA’s complete exclusion, unreasonable exclusion and equal terms provisions.”

You can learn more about this issue here.

Title IX Religious Organization Exemption Does Not Bar Retaliation Claim Against Catholic High School

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

“In Goodman v. Archbishop Curley High School, Inc., (D MD, Feb. 26, 2016), a Maryland federal district court refused to dismiss a former high school librarian’s Title IX retaliation claim against the Catholic high school from which she was fired.  Librarian Annette Goodman reported to the school’s administration evidence that another faculty member was having a sexual affair with one of the school’s students. The school fired Goodman claiming that she delayed too long reporting her concerns to the school. Goodman says the firing was an attempt to deflect attention from the school’s indifference to sexual abuse.  The court rejected the school’s claim that Title IX’s religious organizations exemption requires dismissal of Goodman’s lawsuit, saying in part:

The position of the Defendants … is that Title IX’s religious organizations exemption bars any employment discrimination or retaliation claim against them if they define their actions as tenets of their religion. There is a noticeable lack of case authority supporting such a broad application of the religious exemption.

The court also rejected defendants’ claims that their rights under the First Amendment and RFRA would be violated by allowing the suit to move forward. ”

You can learn more about this issue here.

Prayer At School Board Meetings Governed By School Prayer Criteria

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

In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, (CD CA, Feb. 18, 2016), a California federal district court, in a 26-page opinion, held that invocations at school board meetings are governed by case law relating to school prayer, not by the line of cases on legislative prayer. Emphasizing that students regularly attend and make presentations at school board meetings, the court found the invocation policy unconstitutional, saying in part:

Because of the distinct risk of coercing students to participate in, or at least acquiesce to, religious exercises in the public school context, the Court finds the legislative exception does not apply to the policy and practice of prayer in Chino Valley School Board meetings.

The court also invalidated the Board’s practice of praying reading from the Bible and making religious statements at various points in school board meetings. (Court’s order).  FFRF issued a press release announcing the decision.

You can learn more about this issue here.

Former Employee’s Fraud Claim Against Diocese Dismissed

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

In Simon v. Finn, (MO Cir. Ct., Feb. 16, 2016), a Missouri state trial court dismissed a fraud claim against the Catholic Diocese of Kansas City- St. Joseph brought by Colleen Simon, formerly the director for social ministries of a local parish.  Simon was dismissed after a newspaper article disclosed that she was in a same-sex marriage.  While Simon claimed that she was falsely assured by the Diocese that her same-sex marriage would not impact her employment, the court said:

For the Court to inquire into the knowing falsity of the Diocesan agents’ … representations to Plaintiff about her sexual orientation relative to her position in the Diocese would impermissibly entangle the Court in matters and decisions purely canonical, since the Court must necessarily examine the religious views and practices of the Diocese in an attempt to perceive the reasonableness of Plaintiff’s reliance on the Diocese’s representations.

However the court permitted Simon to move ahead with her claim that the Diocese violated Missouri law requiring it to furnish any former employee requesting it a letter describing his or her service. It also permitted Simon to move ahead with her wage and hour claim. ADF issued a press release announcing the court’s decision.

UPDATE: Catholic Culture reported Feb. 23 that the Diocese and Simon have entered an undisclosed settlement of the wage and hour and the severance letter claims.

You can learn more about this issue here.

RFRA Excuses Amish Defendant From Being Photographed During Pre-Release Processing

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

“In United States v. Girod, (ED KY, Dec. 30, 2015), a Kentucky federal magistrate judge, accepting a federal RFRA claim, allowed an Amish criminal defendant to be processed for pre-trial release without his being required to pose for identification photographs by the U.S. Marshals Service.  Samuel Girod, charged with selling misbranded drugs in violation of federal law and with obstruction of justice, objected on religious grounds to knowing participation in photography.  Relying on Supreme Court precedent, the district court said in part:

[RFRA] requires that the Court not evaluate the general legitimacy of a stated governmental interest; rather, the Court must judge whether, as to Samuel Girod, the United States has proven a compelling interest servable only by the manner of USMS photography sought.

The court concluded that neither the interest in identifying a defendant if he were to flee nor the interest in pre-rial supervision were compelling as to this particular defendant because of his history of appearing when summoned and his ties to the community.  It added:

If this case centered on rational basis review, the Court likely would require that Girod submit to the Marshals’ processing like everyone else encountering a neutral, generally applied law or policy. Congress elected to revivify a more searching inquiry when a conflict exists between authentic religious exercise and governmental act. To prevent an exemption, the United States must prove, as to the potentially exempt objector, a compelling interest furtherable only by the offending means. The Government has failed in that burden in this particular case, at this particular stage…”

You can learn more about this issue here.

Zoning For “Houses of Worship” Does Not Include Homeless Services Site

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

“The Albany Times-Union reports that a New York state trial court judge last week overruled the Albany Board of Zoning Appeals decision that would have allowed the non-profit group Family Promise of the Capital Region to use a building in an area zoned to include “houses of worship” to provide services to homeless families.  The site– a parsonage of the Bethany Reformed Church– was used to provide daytime child care, access to computers, career and life counseling and a place to pick up mail and make phone calls.  The Board of Zoning Appeals held that the outreach services were part of Bethany’s religious mission.  However the court disagreed, saying that a “house of worship” is a place set aside for for some form of religious devotion, ritual or service showing reverence. Critics of the court’s decision say the ruling could create problems for all sorts of congregations that make their basements and meeting rooms available for social programs they deem part of their missions.  Family Promise can still apply for a zoning variance to allow it to continue its operations. ”

You can learn more about this issue here.

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