From what I could gather, there was nothing in the ruling denouncing the religious program itself, only that Jackson should have been given a similar secular option. (I’m not sure why a taxpayer-funded religious program should be allowed in the first place.) Still, for his sake, this was the right call.Judge Says Prisoner Can’t Represent Fellow Atheist Inmates in Class-Action Lawsuit Over Religious Treatment Programs
Last November, on the advice of his attorney, Jackson resubmitted his case as a class-action lawsuit. Basically, he was saying that the earlier legal victory applied only to him… but it should apply to all atheists in his situation:
The proposed class is “all prisoners under the current or future control of the Missouri Department of Corrections who do not believe in a god.” The proposed subclass is “all prisoners under the current or future control of the Missouri Department of Corrections who do not believe in a god who are eligible for substance abuse treatment programs.”In order to sue on behalf of an entire class, though, there are some legal hurdles you must overcome. For example, you have to prove there really are other people out there just like you.
And that’s where Jackson lost the court.
The same judge who first ruled against Jackson in 2012 has now stopped him from filing a class-action claim. In short, says the judge, there’s just no proof that there are lots of atheists in Missouri prisons who may have to go through religious treatment programs:
[,,,]
Dan Margolies of KCUR points out that there may be a silver lining:
[U.S. District Judge Fernando J. Gaitan Jr.] didn’t slam the door entirely on Jackson, however. He said if Jackson were able to develop evidence supporting numerosity, “the Court may reconsider its position.”So this ruling is actually a double-edged sword. On the one hand, the ruling in Jackson’s favor doesn’t apply to other atheists in his situation. The reason for that, however, is that there may not be other atheists in his situation.
Welcome to H&C,,, where I aggregate news of interest. Primary topics include abuse with "the church", LGBTQI+ issues, cults - including anti-vaxxers, and the Dominionist and Theocratic movements. Also of concern is the anti-science movement with interest in those that promote garbage like homeopathy, chiropractic and the like. I am an atheist and anti-theist who believes religious mythos must be die and a strong supporter of SOCAS.
Showing posts with label Law Stuff. Show all posts
Showing posts with label Law Stuff. Show all posts
Sunday, May 17, 2015
Judge Says Prisoner Can’t Represent Fellow Atheist Inmates in Class-Action Lawsuit Over Religious Treatment Programs
As one comment pointed out, "It shouldn't matter if he was the only atheist in prison. If he were a
Christian and the program was run by a Muslim organization, you can bet
your ass there'd be an uproar and a change of law. But he's an atheist."
Friday, June 21, 2013
Dead Man Walking: Extended Interview with Sister Helen Prejean on Decades of Death Penalty Activism | Democracy Now!
Most excellent, one of my favorite movies and books,,,worth the 41 minutes to listen ",,,we you suffer the ultimate loss, you seek the ultimate punishment,,,"
Dead Man Walking: Extended Interview with Sister Helen Prejean on Decades of Death Penalty Activism | Democracy Now!
Sister Helen Prejean is one of the world’s most well-known anti-death penalty activists. As a Catholic nun, she began her prison ministry more than 30 years ago. She is the author of the best-selling book, Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States. The 20th anniversary edition of the book was just published. The book’s been translated into numerous languages and turned into an opera, a play and an Academy Award-winning film starring Susan Sarandon and Sean Penn. Prejean is also the founder of Survive, a victims’ advocacy group in New Orleans. She continues to counsel not only inmates on death row, but also the families of murder victims.
Dead Man Walking: Extended Interview with Sister Helen Prejean on Decades of Death Penalty Activism | Democracy Now!
Monday, April 22, 2013
Chandra Levy's Parents Have Doubts That Convicted Killer Ingmar Guandique Murdered Their Daughter (VIDEO)
I must be getting old and senile. I remember the case, and vaguely remember them finding her remains. But as for a suspect, trial and conviction, I am totally blank,,,
Chandra Levy's Parents Have Doubts That Convicted Killer Ingmar Guandique Murdered Their Daughter (VIDEO)
In May 2009, an illegal immigrant from El Salvador, Ingmar Guandique, was charged with Chandra's murder and later sentenced to 60 years in prison. In this clip from a new "Oprah: Where Are They Now?", Chandra's parents, Sue and Bob Levy, confess their true feelings about Ingmar's conviction. Sue recalls her experience in the courtroom during his sentencing. "I pointed my finger and asked him if he killed my daughter -- and I asked him to look at me," she recalls. "He says, 'No, I did not.'"
Chandra's mother also says that her own lingering questions about Chandra's murder make her wonder if Ingmar told her the truth that day. "I always think, 'I hope you got the right person,'" Sue says in the clip. "I have many, many… doubts about things because I have... lots of questions that remain unanswered to me."
It seems that the Levys aren't the only ones who might have unanswered questions: Recent developments in the case have sparked a re-examination of Ingmar's trial and conviction. "We can't really go into any detail about it," says Bob. "It's just, they're just checking some things out. Doesn't mean that he's not guilty. Or doesn't mean that there'll be another trial."
Chandra Levy's Parents Have Doubts That Convicted Killer Ingmar Guandique Murdered Their Daughter (VIDEO)
Thursday, August 30, 2012
Beard-Cutting Case Tests Limits of Hate Crime Law : NPR
I am very curious as to how this case will play out,,,is humiliation within the confines of religion a hate crime?? Is this a possible "misuse" of the Shepard-Byrd Hate Crimes Act?? In other words are they overstepping the nature of the law as it was originally laid out??
[,,,]
"Having a beard is a sign of adulthood, it's a sign of maturity and it's a sign of marital status. So it's a sign of a man being a man. So, to cut the beard is a kind of humiliation,"
[,,,]
"This is a disciplinarian that was just trying to impose shame upon the perceived wayward members. You can't do that. You have to have shame come from within," Lange says. "But, that's a cultural mistake. It's not a crime, and least of all, not a hate crime."
Beard-Cutting Case Tests Limits of Hate Crime Law : NPR
[,,,]
"Having a beard is a sign of adulthood, it's a sign of maturity and it's a sign of marital status. So it's a sign of a man being a man. So, to cut the beard is a kind of humiliation,"
[,,,]
"This is a disciplinarian that was just trying to impose shame upon the perceived wayward members. You can't do that. You have to have shame come from within," Lange says. "But, that's a cultural mistake. It's not a crime, and least of all, not a hate crime."
Beard-Cutting Case Tests Limits of Hate Crime Law : NPR
Thursday, May 31, 2012
‘Ten Commandments’ Judge Roy Moore: Secularism leads to Sharia law | The Raw Story
Really having hard time understanding his reasoning on how secularism will lead to Sharia since Sharia is religious law,,,but this coming from a guy who thinks,,,
Under Sharia law, there is no such thing as a separation of church and state,,,religion is the law,,,this idiot believes that lack of religion will lead to sharia law, while him imposing his religious views would prevent it,,,any one else confused??
‘Ten Commandments’ Judge Roy Moore: Secularism leads to Sharia law | The Raw Story
“I never regretted what I did, I did exactly what I knew I was to do and that is to stand firm and not let some federal judge tell me to remove a monument, which he had no right to do anyway.”
Under Sharia law, there is no such thing as a separation of church and state,,,religion is the law,,,this idiot believes that lack of religion will lead to sharia law, while him imposing his religious views would prevent it,,,any one else confused??
‘Ten Commandments’ Judge Roy Moore: Secularism leads to Sharia law | The Raw Story
Tuesday, May 29, 2012
Congress Shall Make No Law Respecting An Establishment Of Religion. What Does That Mean?
Even if the Founding Fathers were all devout Christians (which they
weren’t), the facts alone surrounding the desire not to have another
monarchy or government that relied on divine intervention or rule is
enough to tear apart any argument that
the United States Government is based upon a Christian heritage. It
seems very apparent that the individual beliefs of the founders played
no role in their political philosophy. This is nowhere more apparent
than the First Amendment, that says congress shall make no law
respecting an establishment of religion.
Congress Shall Make No Law Respecting An Establishment Of Religion. What Does That Mean?
Congress Shall Make No Law Respecting An Establishment Of Religion. What Does That Mean?
Sunday, May 27, 2012
Wingnut Loses Weird Religious Freedom Suit | Dispatches from the Culture Wars
Gots to agree,,,,
Here’s the irony for me. The Alliance Defense Fund argues often and loudly that Christian symbols on public property — nativity scenes, Ten Commandments monuments, etc — do not constitute endorsement of the explicitly religious message they convey. But in an image that has only the most distant relationship with any religious belief at all, they suddenly see a required endorsement of a religious message. Funny, that.
Wingnut Loses Weird Religious Freedom Suit | Dispatches from the Culture Wars
Here’s the irony for me. The Alliance Defense Fund argues often and loudly that Christian symbols on public property — nativity scenes, Ten Commandments monuments, etc — do not constitute endorsement of the explicitly religious message they convey. But in an image that has only the most distant relationship with any religious belief at all, they suddenly see a required endorsement of a religious message. Funny, that.
Wingnut Loses Weird Religious Freedom Suit | Dispatches from the Culture Wars
BBC News - New York Amish in court over smoke alarms
Hmmm,,,to borrow from star trek,,,the needs of the many out way the needs of the few, or the one,,,tough call on this one,,,
BBC News - New York Amish in court over smoke alarms
BBC News - New York Amish in court over smoke alarms
Barton: 'I Don't Care What the Supreme Court Says,' Homosexuality Should be Illegal | rightwingwatch.org
Uhm whose version of sound doctrine,,,rcc,,,mcc,,,lutheran,,,pentecostal,,,baptist,,,morman,,,jw,,,oh and what bible version shall we use,,,kjv,,,rsv,,,niv,,,
Barton: 'I Don't Care What the Supreme Court Says,' Homosexuality Should be Illegal | rightwingwatch.org
Barton: 'I Don't Care What the Supreme Court Says,' Homosexuality Should be Illegal | rightwingwatch.org
Once again, Barton falsely claims the Constitution reflects the Bible ‘verbatim’ | Secular News Daily
To think the power he wheels when it comes to school age text books,,,very scarey,,,
This is the second time that Barton has falsely claimed that a specific provision in the Constitution reflects Biblical language verbatim, leading us to suspect that he does not actually know what the word "verbatim" means.
Once again, Barton falsely claims the Constitution reflects the Bible ‘verbatim’ | Secular News Daily
This is the second time that Barton has falsely claimed that a specific provision in the Constitution reflects Biblical language verbatim, leading us to suspect that he does not actually know what the word "verbatim" means.
Once again, Barton falsely claims the Constitution reflects the Bible ‘verbatim’ | Secular News Daily
Sunday, February 20, 2011
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