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Strategies & Market Trends : Banned.......Replies to the A@P thread.

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To: Bill Ulrich who wrote (3775)5/3/2005 6:08:24 PM
From: ravenseye  Read Replies (1) of 5425
 
Would you think differently if sexual abuse of your first born was committed by a member of the clergy?

Why the Massachusetts Supreme Judicial Court Was Right to Reject A First Amendment Defense To a Subpoena in a Clergy Abuse Case
By MARCI HAMILTON
Thursday, May. 20, 2004

On May 13, the Massachusetts Supreme Judicial Court (SJC) issued an important ruling in a clergy abuse case. It held that the First Amendment did not permit the Society of Jesus of New England ("the Society") to quash -- that is, resist the enforcement of -- a subpoena duces tecum. (A subpoena "duces tecum" directs the witness to appear and to bring documents along.)

Surprisingly, the Court split 4-3. The majority read the law correctly. In contrast, the dissents were perversely intent on protecting the Society for a kind of "religious liberty" neither the federal nor state constitution ever contemplated.

The framing generation believed in the liberty of conscience, and the right to worship -- they sought, that is, to protect known religious worship practices from an overbearing government. But there is precious little evidence they believed in protecting religious conduct of any kind. And they certainly did not intend to protect clergy members in criminal activity. Yet criminal activity is exactly what is alleged in cases like the one the SJC heard...

writ.news.findlaw.com
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