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Court: Exorcism is protected by law

Started by afreethinker30, July 06, 2008, 06:35:02 PM

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afreethinker30

QuoteFORT WORTH, Texas - The Texas Supreme Court on Friday threw out a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of her old church, ruling that the case unconstitutionally entangled the court in religious matters.

In a 6-3 decision, the justices found that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."

Laura Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996, when she was 17. Schubert said she was pinned to the floor for hours and received carpet burns during the exorcism, the Austin American-Statesman reported. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help.

But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she "freaked out" about following her father's life as a missionary and was acting out to gain attention.

Abuse and false imprisonment?
The 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl. The jury awarded her $300,000, though the 2nd Court of Appeals in Fort Worth later reduced the verdict to $188,000.

Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."

But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct.

'Intentional abuse'
"The First Amendment guards religious liberty; it does not sanction intentional abuse in religion's name," Jefferson wrote.

After the 2002 verdict, Pleasant Glade merged with another congregation in Colleyville, a Fort Worth suburb.

A message left for the church's attorney Friday evening was not immediately returned, and calls to two numbers listed in Schubert's name went unanswered.

http://www.msnbc.msn.com/id/25423465/

EvolutionCalling


Evolved

As usual, let's give the religious freaks whatever they want...why not?

Do it at Guantanamo and it's torture; do it at a church and it's an exorcism.
"Gods are fragile things; they may be killed by a whiff of science or a dose of common sense."
Chapman Cohen

Will

It's clearly time for some Flying Spaghetti Monster exorcisms. Those possessed by ravioli are victimized by having their soul covered in a pasta and then boiled, and cannot be left to suffer. With the noodly help of the Flying Spaghetti Monster, we can cast off the very un-noodly constraints of ravioli repression.
I want bad people to look forward to and celebrate the day I die, because if they don't, I'm not living up to my potential.

Moses

Awesome! So if I start a religion that demands that I have forced ritual sex (rape if it was secular) to satisfy my god and allowed me to hit random children when I get moved by the spirit, it would all be constitutionally protected?

Evolved

Quote from: "Willravel"It's clearly time for some Flying Spaghetti Monster exorcisms. Those possessed by ravioli are victimized by having their soul covered in a pasta and then boiled, and cannot be left to suffer. With the noodly help of the Flying Spaghetti Monster, we can cast off the very un-noodly constraints of ravioli repression.

I am usually free from the ravioli oppression within a day or two as long as I eat enough fiber. :D
"Gods are fragile things; they may be killed by a whiff of science or a dose of common sense."
Chapman Cohen

susangail

Exorcisms always sicken me. I don't even want to know how many mentally ill people have been exercised. I know the state that I was in November and again in January would have convinced some that I had demons.

Quote from: "Moses"Awesome! So if I start a religion that demands that I have forced ritual sex (rape if it was secular) to satisfy my god and allowed me to hit random children when I get moved by the spirit, it would all be constitutionally protected?
Oh! Say it's a loving and peaceful religion for brownie points!

Religion gets too much cushion with the law. It makes me want to gag, and then scream.
When life gives you lemons, make orange juice and let the world wonder how you did it.