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In the Supreme Court of British Columbia
BC su Poligamia IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 Date: 20111123 Docket: S097767 Registry: Vancouver In the Matter of: The Constitutional Question Act, R.S.B.C. 1986, c 68 And In the Matter of: The Canadian Charter of Rights and Freedoms And in the Matter of: A Reference by The Lieutenant Governor In Council Set Out in Order In Council No. 533 dated October 22, 2009 concerning the Constitutionality of s. 293 of the Criminal Code of Canada, R.S.C. 1985, c. C-46 Before: The Honourable Chief Justice Bauman Reasons for Judgment Counsel for the Attorney General of British Columbia: Counsel for the Attorney General of Canada: Counsel for the Reference Amicus: Counsel for the Interested Persons: Beyond Borders: Ensuring Global Justice for Children: British Columbia Civil Liberties Association: British Columbia Teachers’ Federation: Canadian Association for Free Expression: Canadian Coalition for the Rights of Children and the David Asper Centre for Constitutional Rights: Canadian Polyamory Advocacy Assoc.: Christian Legal Fellowship: James Marion Oler and the Fundamentalist Church of Jesus Christ of Latter Day Saints: REAL Women of Canada: Stop Polygamy in Canada: West Coast Legal Education and Action Fund: Place and Dates of Trial: Place and Date of Judgment: Table of Contents I. INTRODUCTION II. COURSE OF PROCEEDINGS A. The Reference Questions B. The Participants C. The Evidence D. Webcast of Final Submissions III. EVIDENTIARY ISSUES A. Factors Justifying a Liberal Approach to Admissibility in a Trial Reference 1. The Importance of Evidence in Charter Litigation 2. -
The Mormon Challenge
1 The Mormon Challenge A presentation of the other side of Mormonism using LDS-approved sources 2 Table of Contents Introduction ........................................................................................................................4 Sources ................................................................................................................................4 PART ONE: THE SCRIPTURES ....................................................................................5 The Book of Mormon.........................................................................................................5 Joseph Smith Sr. and the Tree of Life ............................................................................................................. 5 Ancient Evangelists ......................................................................................................................................... 7 Joseph’s Ability ............................................................................................................................................. 10 Possible Flaws Ch. 1 – Conviction and Moroni’s Promise ........................................................................... 11 Ch. 2 – A Precise Text .................................................................................................................................. 19 Ch. 3 – Testing the Book of Mormon with the Bible .................................................................................... 22 Ch. 4 – The Reality of the Law of -
DFPS Eldorado Investigation (December 22, 2008)
Eldorado Investigation A Report from The Texas Department of Family and Protective Services December 22, 2008 1 Table of Contents Executive Summary......................................................................................................................3 The Eldorado Investigation ...........................................................................................................6 Initial Removal...........................................................................................................................6 Court Actions.............................................................................................................................7 A Team Effort............................................................................................................................9 Investigative Activities .............................................................................................................11 Services for Families...............................................................................................................11 Management of the Legal Cases ............................................................................................13 Investigation Results ...............................................................................................................14 Related Events Outside the Scope of the CPS Investigation ..................................................15 Final Summary........................................................................................................................16 -
The FLDS: Fundamentalist Latter Day Saints
The FLDS: Fundamentalist Latter Day Saints This article details a woman’s funeral, Foneta Jessop, and how the community comes together on occasions like this to show the bond that they have together. It is stated that 3 to 4 thousand people come to the 15-20 funerals in the flds church each year. It then touches on a raid that happened in 2008 when a call was made from inside the compound by a 16 year old girl who claimed she was being sexually and physically abused by her middle aged husband. Texas SWAT was sent in on a televised raid that was headlining the news. A Texas appeals court later found that authorities had not met the burden of proof for the removal of the more than 400 children, and most were returned to their families within two months. This brought a close investigation on the group and investigators found 12 church members guilty to charges such as bigamy and sex with a minor. The article states “Members of the faith describe the life that the Jessops and other founding families have built as idyllic, one in which old-fashioned devotion and neighborly cooperation are emphasized and children are raised in a wholesome environment free of television and junk food and social pressures. Critics, on the other hand, see the FLDS as an isolated cult whose members, worn down by rigid social control, display a disturbing fealty to one man, the prophet Warren Jeffs–who has claimed to be God’s mouthpiece on Earth.” Church members have different ideas on many things and their opinions are outlined quite well. -
Representations of Mormonism in American Culture Jeremy R
University of New Mexico UNM Digital Repository American Studies ETDs Electronic Theses and Dissertations 8-19-2011 Imagining the Saints: Representations of Mormonism in American Culture Jeremy R. Ricketts Follow this and additional works at: https://digitalrepository.unm.edu/amst_etds Part of the American Studies Commons Recommended Citation Ricketts, eJ remy R.. "Imagining the Saints: Representations of Mormonism in American Culture." (2011). https://digitalrepository.unm.edu/amst_etds/37 This Dissertation is brought to you for free and open access by the Electronic Theses and Dissertations at UNM Digital Repository. It has been accepted for inclusion in American Studies ETDs by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected]. Jeremy R. Ricketts Candidate American Studies Departmelll This dissertation is approved, and it is acceptable in quality and form for publication: Approved by the Dissertation Commillee: , Chairperson Alex Lubin, PhD &/I ;Se, tJ_ ,1-t C- 02-s,) Lori Beaman, PhD ii IMAGINING THE SAINTS: REPRESENTATIONS OF MORMONISM IN AMERICAN CULTURE BY JEREMY R. RICKETTS B. A., English and History, University of Memphis, 1997 M.A., University of Alabama, 2000 M.Ed., College Student Affairs, 2004 DISSERTATION Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy American Studies The University of New Mexico Albuquerque, New Mexico May 2011 iii ©2011, Jeremy R. Ricketts iv DEDICATION To my family, in the broadest sense of the word v ACKNOWLEDGMENTS This dissertation has been many years in the making, and would not have been possible without the assistance of many people. My dissertation committee has provided invaluable guidance during my time at the University of New Mexico (UNM). -
The Fundamentalist Church of Jesus Christ
Brigham Young University Law School BYU Law Digital Commons Utah Court of Appeals Briefs 2012 The undF amentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne; Bruce R. Wisan; Mark Shurtleff; and Hon. Denise Posse Lindberg; et al. : Brief of Appellant Utah Court of Appeals Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_ca3 Part of the Law Commons Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Rodney R. Parker, Rick Van Wagoner, Frederick Mark Gedicks; Snow, Christensen and Martineau; Attorneys for Appellee. Roger H. Hoole, Gregory N. Hoole; Hoole and King, L.C.; Attorneys for Intervenors. Recommended Citation Legal Brief, The Fundamentalist Church v. Wisan, No. 20120158 (Utah Court of Appeals, 2012). https://digitalcommons.law.byu.edu/byu_ca3/3047 This Legal Brief is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Court of Appeals Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback. IN THE SUPREME COURT FOR THE STATE OF UTAH THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER-DAY INTERVENORS'BRIEF ON SAINTS, an Association of Individuals, CERTIFIED QUESTION FROM THE UNITED STATES Plaintiff/Appellee, COURT OF APPEALS FOR vs. THE TENTH CIRCUIT BRUCE R. -
PRESS RELEASE from the YFZ RANCH December 26, 2008 YFZ Raid Was Never Justified When Texas Law-Enforcement Officials and CPS
www.truthwillprevail.org [email protected] PRESS RELEASE FROM THE YFZ RANCH December 26, 2008 YFZ Raid Was Never Justified When Texas law-enforcement officials and CPS invaded the YFZ Ranch on April 3, 2008, their actions were totally unjustified. They had no credible evidence of abuse, only a hoax telephone call from a woman currently undergoing psychiatric treatment. They never entered the Ranch to find the supposed “victim” but rather to go on a fishing expedition for evidence of abuse, neglect, or supposed criminal activity. For Texas CPS and law-enforcement officials to continue to make disturbing and unfounded allegations of abuse and neglect is nothing more than an attempt to justify their own barbaric actions and to divert attention from the real issues, such as the irreparable damage inflicted on innocent children and the expenditure of millions of taxpayer dollars on this unjustifiable raid. The Eldorado Investigation Report released by CPS on December 22, is as false and fraudulent as the original hoax telephone call that triggered the raid. The Texas Court of Appeals ordered the return of the children, and the Texas Supreme Court sustained this decision by ruling, “On the record before us, removal of the children was not warranted.” Texas CPS has never given reliable information. Shortly after the raid, they leaked news reports of an excessive number of broken bones among YFZ children. This ! ! !"#$!%! !! figure was later shown to be considerably lower than the national average. They classified 26 adult women as underage mothers when their true age was backed up by government-issued ID’s and then kept two of these women in state custody long enough to kidnap their newborn babies. -
Politics of Polygamous People: How a Minority Religion Can Help Us Understand Religion and Politics in America2
Trent A. Engbers1 Прегледни рад University of Southern Indiana UDK 279.16:32(73) USA POLITICS OF POLYGAMOUS PEOPLE: HOW A MINORITY RELIGION CAN HELP US UNDERSTAND RELIGION AND POLITICS IN AMERICA2 Abstract When Texas State Troopers invaded the Yearning for Zion Ranch occupied by polygamist Mormon’s in 2008, it was the third major raid in American history. Yet, fundamentalist Mormons represent a small and little understood element of the American religious landscape. Nonetheless their struggles in America repre- sent the evolving conflicts between politics and private religious life. This study introduces the doctrine of plural marriage as understood by Fundamentalist Mormons and uses it as a case study to consider five aspects of the relationship between religions and politics in America. This includes a discussion of when government chooses to intervene in the practice of religious groups and the re- sponses of those groups to government involvement, the impact of the federal system on religious actors, the dynamic justifications given for involvement and the constant tension between public concerns and private devotion. Keywords: Fundamentalist Mormons, Latter-Day Saints, religion and poli- tics, polygamy, religious policy Introduction State officials, concerned about women and children’s welfare, surround a community of Mormon3 polygamists4 intent on protecting families and the 1 Trent Engbers is an Assistant Professor of Political Science and Public Administration at the University of Southern Indiana in Evansville, IN. His research focuses on public leadership, civic and political participation, religion and politics, Chinese policy and economic development. He has worked in community organizing, leadership development and nonprofit consulting. -
Download United States V. Town of Colorado City, Arizona, Et Al. Brief As Appellee
No. 17-16472 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _________________ UNITED STATES OF AMERICA, Plaintiff-Appellee v. TOWN OF COLORADO CITY, ARIZONA; CITY OF HILDALE, UTAH; AND TWIN CITY WATER AUTHORITY, INC., Defendants-Appellants _________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA _________________ BRIEF FOR THE UNITED STATES AS APPELLEE _________________ JOHN M. GORE Acting Assistant Attorney General THOMAS E. CHANDLER CHRISTINE A. MONTA Attorneys Department of Justice Civil Rights Division Appellate Section - RFK 3716 Ben Franklin Station P.O. Box 14403 Washington, D.C. 20044-4403 (202) 353-9035 TABLE OF CONTENTS PAGE TABLE OF AUTHORITIES ..................................................................................... v STATEMENT OF JURISDICTION.......................................................................... 1 STATEMENT OF THE ISSUES............................................................................... 2 STATEMENT OF THE CASE .................................................................................. 2 1. Background ........................................................................................... 4 a. The Short Creek Community And The Rise Of Warren Jeffs ................................................................................ 4 b. The United Effort Plan Trust ...................................................... 6 2. United States’ Lawsuit .......................................................................... 7 a. -
The Uses and Abuses of Religion in Child Custody Cases: Parents Outside the Wall of Separation
Indiana Law Journal Volume 84 Issue 5 The Supplement Article 3 2009 The Uses and Abuses of Religion in Child Custody Cases: Parents Outside the Wall of Separation Joshua S. Press Wilmer Hale, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Family Law Commons, Juvenile Law Commons, and the Religion Law Commons Recommended Citation Press, Joshua S. (2009) "The Uses and Abuses of Religion in Child Custody Cases: Parents Outside the Wall of Separation," Indiana Law Journal: Vol. 84 : Iss. 5 , Article 3. Available at: https://www.repository.law.indiana.edu/ilj/vol84/iss5/3 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. The Uses and Abuses of Religion in Child Custody Cases: Parents Outside the Wall of Separation * JOSHUA S. PRESS The “establishment of religion” clause of the First Amendment means at least this: Neither a state nor the Federal Government can . [F]orce []or influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance.1 INTRODUCTION On March 29, 2008, a sixteen-year-old girl living at the Yearning for Zion (YFZ) ranch telephoned the Texas Department of Family Protective Services (DFPS) claiming that she had been physically and sexually abused. -
Fundamentalist Polygamy
SUNSTONE REVIEWS sympathy for their peculiar and at times paradoxical lifestyle. Even while arguing from a feminist point of view, Bradley dis- agrees with Governor Pyle's characterization FUNDAMENTALIST POLYGAMY: of the women of Short Creek as "white slaves." Quite to the contrary, Bradley main- tains that fundamentalist women had ful- TOLERATING THE INTOLEMBLE filling relationships with both their religion and their husbands in a patriarchal setting. "Paradoxically," she writes, "it could be main- KIDNAPPED FROM THAT LAND: tained that fundamentahst women tri- THE GOVERNMENT RAIDS ON THE umphed by accepting limitationsn (111). SHORT CREEK POLYGAMISTS Another important point Bradley makes is by Martha Sonntag Bradley that fundamentalism was not-and is not University of Utah Press, 1993 today-about plural marriage alone. In fact, 260 pages, $29.95 she offers a detailed analysis of Short Creek's peculiar economic communal organization, the United Effort Plan, and explains its simi- larities with early Mormonism's social experi- ments. It is also true that fundamentalist groups exist that do not practice plural mar- - riage, such as the Aaronic Order, which has been described in sociological terms by Hans Reviewed by Massirno Introvigne Baer in his important book Recreating Utopia in the ~esert~Like Baer's book, Bradley's analysis confirms that fundamentalism is a HE SHORT CREEK, Arizona, raid of ists in the Salt Lake area, and the raids by larger phenomenon that cannot be stereotyp- 26 July 1953 is the most notorious Arizona and Utah authorities culminating in ically reduced to polygamy Fundamentalists T episode in the story of the post- the 1953 raid. -
Fundamentalist Attitudes Toward the Church: the Sermons of Leroy S- Johnson
Fundamentalist Attitudes toward the Church: The Sermons of Leroy S- Johnson Ken Driggs AT THE AGE OF NINETY-EIGHT, Leroy Sunderland Johnson died in Hildale, Utah, on 25 November 1986. Johnson presided over one of the oldest and largest fundamentalist Mormon groups, organizers of the United Effort Trust in Colorado City, Arizona, formerly known as Short Creek. Accepted as a prophet by his group of fundamentalist Mormons, Johnson's thirty-two years as senior member of the Council of the Priesthood was a time of stability, growth, financial success, and greater public acceptance. An obituary in the January 1987 Sunstone magazine called him "a dominant figure in post-manifesto polygamy for over half a century." A number of fundamentalist groups have broken with the Church of Jesus Christ of Latter-day Saints over plural marriage and related issues. While the various groups most often sympathize with each other, their philosophies and leaders differ distinctly. Johnson's group has never adopted a name, identifying themselves as the fundamentalist arm of the Church. They emphatically reject the violence that has some- times brought other groups into the public eye and shaped impressions KEN DRIGGS has previously published in Dialogue, The Journal of Church and State, The Georgia Historical Quarterly, and Utah Historical Quarterly. He has recently fin' ished a Master of Laws Degree (LLM) at the University of Wisconsin. 40 DIALOGUE: A JOURNAL OF MORMON THOUGHT of Mormon fundamentalism. Like most fundamentalists, Johnson's group tends to be reclusive, adopting styles and customs distinctly out of fashion. They model their religious organization after the nineteenth- century united order.