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Texas Court: Exorcism protected by law

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  • Texas Court: Exorcism protected by law

    Next up: Kiddie Marriages

    FORT 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.

    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.

    "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.
    Remember guys! Freedom of Religion is sacrosanct!

    Man, it's a good thing I'm not Dictator.
    Today, you are the waves of the Pacific, pushing ever eastward. You are the sequoias rising from the Sierra Nevada, defiant and enduring.

  • #2
    Hello US Supreme Court.
    “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
    - John 13:34-35 (NRSV)

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    • #3
      My religion says I should have a lion walking around with me to attack any and all Christians I find that displease me. It's good to know that in Texas, my religious freedoms supersede public health and safety laws, as well as basic Human decency.
      The cake is NOT a lie. It's so delicious and moist.

      The Weighted Companion Cube is cheating on you, that slut.

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      • #4
        protestants trying to perform exorcisms.
        “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
        "Capitalism ho!"

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        • #5
          An interesting divide in Texas, different top courts for criminal and civil appeals. This was a civil case, tort damage suit. The Court of criminal appeals has repeatedly uphelp criminal charges in harmful exorcisms. So, you can put them in jial or fine them, but you have a hell of time suing for damages. (Of course, only a few decades ago in most the the USA states, charities and churchs had a extensive blanket immunity to tort suits, similar in extent to sovereign immunity.)
          Gaius Mucius Scaevola Sinistra
          Japher: "crap, did I just post in this thread?"
          "Bloody hell, Lefty.....number one in my list of persons I have no intention of annoying, ever." Bugs ****ing Bunny
          From a 6th grader who readily adpated to internet culture: "Pay attention now, because your opinions suck"

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          • #6
            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.
            I'm almost agreeing with the Court.

            Laura was a member of the church and the church was performing a central church function, ridding one of its members of a demon. I'm assuming her missionary dad concurred in the exocism, and I'm guessing the carpet burns and bruises came from her stuggling against the exorcism. The hallucinations, self-mutilations and suicide attempt came from her, and can't be blamed on the church -- it you can't stand the church, get out of the pews. The only thing I'm concerned about is the reference to "cut."

            Purposely causing a physical injury to another cannot be excused under First Amendment protection of beliefs. Elsewise, DRoseDARs would be loosing his lion on people, and we'd go back to the days of human sacrifice.

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            • #7
              Hallucinations? Obviously the exorcism didn't work, Protestants are such amatuers at this sort of thing
              "The DPRK is still in a state of war with the U.S. It's called a black out." - Che explaining why orbital nightime pictures of NK show few lights. Seriously.

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              • #8
                Now I know where to locate my newly founded church, The First Church of the Eternal Marauder. Instead of sitting in a gaudy building for hours on Sunday listening to boring sermons, we get whacked on PCP and go and rape, loot, and pillage the countryside. Texas, here we come!

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                • #9
                  Originally posted by LotC
                  Now I know where to locate my newly founded church, The First Church of the Eternal Marauder. Instead of sitting in a gaudy building for hours on Sunday listening to boring sermons, we get whacked on PCP and go and rape, loot, and pillage the countryside. Texas, here we come!
                  Sounds like LotC needs an exocism.

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                  • #10
                    I don't think he can handle to carpet burns.
                    "The DPRK is still in a state of war with the U.S. It's called a black out." - Che explaining why orbital nightime pictures of NK show few lights. Seriously.

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                    • #11
                      Texas is less concerned about exorcism and more concerned with the "evil" of granting gays and lesbians equal marriage rights??
                      A lot of Republicans are not racist, but a lot of racists are Republican.

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                      • #12
                        Concerned /= against. It seems consistent to me, expelling evil gay demons while at the same time not allowing them to force the possessed into damning heretical marriages
                        "The DPRK is still in a state of war with the U.S. It's called a black out." - Che explaining why orbital nightime pictures of NK show few lights. Seriously.

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                        • #13
                          Originally posted by Patroklos
                          ...evil gay demons ...
                          I wonder if "evil gay demons" are flaming.

                          I did NOT just say that!

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