3rd Cir ministerial exception case

[Derek Gaubatz]

The 3rd Circuit issued a new decision today in Petruska v. Gannon
University that brings it into line with the rest of the circuits on the
scope of the ministerial exception doctrine.   (A prior decision in the
case was withdrawn after rehearing).  

A link to the decision is here:
http://www.ca3.uscourts.gov/opinarch/051222pa.pdf


Derek L. Gaubatz
Director of Litigation
The Becket Fund for Religious Liberty
1350 Connecticut Avenue, NW, Suite 605
Washington DC 20036
202 349-7208 (phone)
202 955-0090 (fax)
 

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Jlof at aol.com
Sent: Friday, September 01, 2006 1:50 PM
To: Law & Religion issues for Law Academics
Subject: Lofton/God/polygamy

"Bobby" asks some good questions. But before I respond, let me, please,
refresh our memories as to exactly what the context of our discussion
here is. The context here is what Mr. Finkelman said which is: "Biblical
law of course allows polygamy. If it was good enough to the Biblical
patriarch and King Solomon, why isn't good enough for people today?" 
 
COMMENT: I believe Mr. F's obvious assumption that "Biblical law of
course allows" polygamy because people in the Bible did it and that's
good enough for us today is a poor hermeneutic that is very dangerous.
OK, now to what "Bobby" writes, please.

"Bobby": "How much weight does the absence of such a quote have in a
discussion of what God does or does not approve of?"

COMMENT: Didn't say there was no such quote -- though I doubt there is
one showing that God APPROVES polygamy. I merely asked Mr. F for
Scripture to support what he said since he was talking about God's Law.
I would strongly advise that whenever you're talking about what you
think God's Law explicitly or implictly "allows," and by this word
"allow" you're leaving the impression that God APPROVES of that which He
"allows," yes, indeed, I think what you're saying must be on a solid
Scriptural basis. We should not talk loosely about God and what we
believe He says, thinks, approves or "allows." Be very careful here.

"Bobby:" "What counts as God approving of a practice?"

COMMENT: If you say God approves of a practice, I'd say the burden of
proof is on YOU. Tell me what makes you think what you think. Show me
the basis for your thinking in the Bible. 

"Bobby": "Must the Bible explicitly say that God approves of a
particular practice to infer that He approves of it? Must He
specifically state his disapproval?"

COMMENT: No, I'd say certain things can be known by a reasonable
inference from Biblical passages.

"Bobby": "Does God ever reproach Abraham for his marriage practices?
Aren't there many practices described in the Bible of which God
approves--common practices--despite God never explicitly stating is
approval?"

COMMENT: By reasonable inference, as one of my Bible dictionaries says,
Scripture presents monogamy as the divine ideal. The Creator made
marriage as a union between one man and one woman <Gen. 2:18-24; Matt.
19:4-6; 1 Cor. 6:16>. Apparently polygamy, like divorce, was tolerated
because of the hardness of peoples' hearts <Matt. 19:8>. After the time
of Moses, polygamy continued to be practiced, especially by wealthy
individuals, such as Gideon, Elkanah, Saul, and David <1 Sam. 1:2; 2
Sam. 5:13; 1 Kin. 11:3>. But the most famous polygamist in the Bible was
King Solomon: "And he had seven hundred wives, princesses, and three
hundred concubines; and his wives turned away his heart" <1 Kin. 11:3>.
The criticism of polygamy expressed in <Deuteronomy 17:17>, therefore,
is not surprising: the ideal king to whom Israel's obedience can be
rightly given shall not "multiply wives for himself, lest his heart turn
away." John Lofton, Editor, TheAmericanView.com; Recovering
Republican...

P.S. This Saturday (September 2), from 1 p.m. until 4 p.m. (Eastern
Standard Time), our "The American View" radio show will be on "The Faith
& Freedom Network." You can hear our program this coming Saturday by
going to this Network's Web site www.faithandfreedomnetwork.com and
clicking on "Listen Now" at the top of the page. The programs you will
hear this coming Saturday are, in this order: (1) A new program where
Michael Anthony Peroutka (Constitution Party Presidential candidate in
2004)and I introduce ourselves with some biographical information; and
we examine in detail what exactly THE American View was and still is --
a distinct view based on Biblical Christianity; (2) Our interview with
Terri Schiavo's lawyer David Gibbs who has written a new book about her
murder (this is the same Program 73 which is on our Web site); and (3)
An older "TAV" show in which Islam expert Robert Spencer tells the truth
about Islam and we wonder why President Bush has said, repeatedly, that
this faith is a religion of "peace." 



    




-- 
"Accursed is that peace of which revolt from God is the bond, and
blessed are those contentions by which it is necessary to maintain the
kingdom of Christ." -- John Calvin.