Regina v. The Mormons

The institutional might of the Church of Jesus Christ of Latter-day Saints is about to come face-to-face with the impartial hand of British Justice. No, scratch that.

The worldwide leader of the Mormon church has been ordered to answer allegations of fraud at Westminster Magistrates’ Court, on pain of arrest if he fails to comply. No, still not quite there.

A malleable judge has been persuaded to use a rarely-used legal procedure in an attempt by a dissatisfied former member to hold a religious organisation to the same standard of proof that one might expect a car manufacturer to be able to guarantee the reliability of its product, in an ego-stroking show trial guaranteed to waste the time and money of everyone involved. There, that’s closer to the mark.

Salt Lake Mormon Temple vs Westminster Magistrates' Court
Salt Lake Mormon Temple vs Westminster Magistrates’ Court

The Telegraph reports on the details of this case, which seems to hinge on the idea that because the Mormon church asks members to tithe a proportion of their income to the church, and because the Mormons cannot offer the same definitive proof of their teachings as I can prove the existence of a physical object such as the computer on which I am typing (Semi-Partisan Sam is not written on golden plates, sadly), their representations amount to a fraud:

A British magistrate has issued an extraordinary summons to the worldwide leader of the Mormon church alleging that its teachings about mankind amount to fraud.

Thomas S. Monson, President of the Church of Jesus Christ of Latter-day Saints has been ordered to appear at Westminster Magistrates’ Court in London next month to defend the church’s doctrines including beliefs about Adam and Eve and Native Americans.

A formal summons signed by District Judge Elizabeth Roscoe warns Mr Monson, who is recognised by Mormons as God’s prophet on Earth, that a warrant for his arrest could be issued if he fails to make the journey from Salt Lake City, Utah, for a hearing on March 14.

In one of the most unusual documents ever issued by a British court, it lists seven teachings of the church, including that Native Americans are descended from a family of ancient Israelites as possible evidence of fraud.

Where to begin?

Firstly, perhaps, with the observation that perhaps the time has come to discontinue this little-used legal procedure that apparently enables anyone nursing a strong grudge or resentment to haul his or her enemy in front of a magistrate for the purposes of making a public statement of disapproval. The British justice system should not be a plaything for individuals to use to settle personal scores – evidence of criminal behaviour, which is what fraud ultimately is, should be reported to the police and go through the proper channels. The Crown Prosecution Service often manages to make a hash of even those cases that have gone through the first round of scrutiny by law enforcement agencies; what chance do they then have of successfully prosecuting a person or organisation whose guilt is not even taken seriously by the police?

Secondly, the exercise amounts to a waste of public funds. Thomas Monson, President of the church, has already dismissed outright the notion of turning up at Westminster Magistrates’ Court to answer the charges. It just ain’t going to happen. The court to could attempt to satisfy itself by trying Mr. Monson in absentia, perhaps with a laminated mugshot propped in his empty seat, but that will be all the satisfaction that they are likely to receive.

Thirdly, can we really abide a justice system that could potentially make the leader of a fairly significant, relatively harmless (if somewhat quirky) religious faith persona non grata in our country, on pain of arrest by the police, if they fail to drop everything that they are doing and hasten to London to take part in a fatuous show trial?

Finally, and most importantly of all, think on the precedent that this case would set if it were to proceed any further (which it almost certainly will not). Yes, the Mormons believe some quirky things – the translation of the Book of Mormon from gold plates by Joseph Smith, an eyebrow-raising explanation of the origins of the Native American people, and the assertion that the Garden of Eden was located in what is now Jackson County, Missouri, to give away just some of the spoilers. But really, all that separates the claims of the Mormon church from those of other major religions such as mainstream Christianity is the factor of time – the Mormons most recent revelations occurred in the nineteenth century as opposed to the first.

If the Mormon church is to be found guilty of fraud for every instance in which it has received a donation or tithe payment on the basis of their religious teachings, then the Catholic Church and the Church of England should start liquidating assets in preparation for one hell of a large class action lawsuit from their followers. The idea is risible.

And imagine the policework, the investigation that would be required to argue the case in court. The fees racked up on both sides to procure the services of archaeologists, historians, theologians and intellectuals to support their respective arguments would be astronomical. Richard Dawkins would become one of the richest men in Britain.

In seriousness, though, perhaps there are shades of grey in terms of the general principle at stake – the question of whether cults should be in any way criminally liable for duping and conning money out of naive followers. I don’t propose to set that line here, nor do I claim any qualification to do so. But I can comfortably say that the Mormon church is not on the wrong side of that line.

Ultimately, it comes down to this: I don’t want District Judge Elizabeth Roscoe going through my Bible line-by-line and telling me whether or not I have a claim against the Catholic Church. I am a person of faith, but I am uncomfortable enough that religion is so intertwined with the legislature and executive of this country, without also having to fend off probing attacks from the judiciary.

If you were raised a Mormon, or if you were persuaded to convert by one of their charming missionaries, then you almost certainly entered into the religion with a sound mind and a free will. If you later come to stop believing in the mysteries of that faith and decide to leave, that is also your choice. But there’s a clear No Refunds policy at the cash register, and you should not be bothering the courts arguing that you are entitled to one.

So let’s have no more talk of fraud.

 

On Paternalism and Porn Filters

Liberal Democrat president Tim Farron has not been my favourite person since the Conservative/Liberal Democrat coalition government was formed in 2010. The grumpy noises emanating from the Liberal Democrat party hierarchy have all too often been agitations for more specifically left-wing policies rather than the promotion of liberal ones, and I have no truck with that. But yesterday, Mr. Farron won my agreement and earned my support.

The Daily Mail reports:

Liberal Democrats have triggered fury by vowing to overturn David Cameron’s plans for internet porn filters.

Child safety experts and MPs called the move ‘irresponsible’ and warned it would undermine attempts to protect children from hardcore pornography.

Lib Dem party president Tim Farron said the Government should enshrine the ‘digital rights of the citizen’ and halt requirement for ‘filters, lists or controls on legal material’.

Tim Farron correctly labels the government policy as “misconceived, ineffective and illiberal”. It is certainly misconceived – a majority Conservative government with a mandate to roll back the onerous size of the state has no place enacting laws that further chip away at the notion of personal responsibility. It has also been proved to be ineffective – a simple browser extension has already been released which simply bypasses the filter. And the illiberality of the policy speaks for itself.

Insidious yet inept.
Insidious yet inept.

The Independent quotes Farron in further detail, perfectly summing up the argument for the correct way to protect children from adult material in a liberal country:

“If the Prime Minister really wanted to protect children from inappropriate material, he’d ensure they had access to good sexual health and relationship education and give parents the help and support they need to talk to their children about this issue,” he said.

Absolutely. But the daddy-knows-best wing of the Tory party sadly sees things somewhat differently:

Party sources described the new Lib Dem approach as “disappointing”.

“Tim Farron clearly does not want to prioritise the safety of our children online or support our efforts to prevent anyone accidentally accessing illegal material,” they said.

Anyone could have seen this weak, manipulative counter-punch coming from a mile away. Anyone who believes in personal responsibility and empowering and trusting parents to act in the best interests of their children must, according to this worldview, be maniacally obsessed with pornography whilst simultaneously holding the safety of children in complete and utter contempt.

What complete and utter nonsense.

Quite.
Quite.

I invested my precious time and effort pounding the streets of my hometown campaigning for the Conservative Party in the last general election campaign in 2010, but it is policies such as this which make me roll my eyes and question whether it is worth my time and effort to do so again in 2015. The MP I campaigned with, Robert Halfon, has proven himself to be an excellent constituency MP for Harlow since that time, but the coalition government in which his party is the senior member has delivered letdown after letdown on issues of civil liberties and returning responsibility to the individual.

After thirteen years of Labour government I was desperately looking forward to a rollback of the paternalistic, controlling, pseudo-benevolent state that had grown inexorably during that time. Of course I anticipated some inevitable compromises resulting from the fact that the Conservatives had to take on the Liberal Democrats as junior partners in coalition, but I never expected to find myself cheerleading the Liberal Democrat stance over the Tory one on fundamental issues of privacy and civil liberties. And yet that is exactly where I find myself.

Of course children should be protected from harmful content on the television, the internet and other media. But that responsibility rightly rests with the parents, not the broadcasters, ISPs or the state. Every time the government steps in to protect us from any potential harms out there in the world, we are simply stifled by yet another layer of cotton wool, and given the implicit message that it’s okay to glide through life with no regard for the potential consequences of our actions. Many of us may do this at times anyway, and I certainly include myself in that criticism – but my point is that government should not be actively making the shirking of personal responsibility easier by taking on duties of care that used to sit with educated, compassionate and autonomous private citizens.

I would suggest that parents should not be leaving their children unattended to be raised by television and the internet. If parents choose to ignore all common sense and do so, and their child stumbles upon any inappropriate or distressing material as a result, rather than bleating in outrage to the government a personal reexamination of parenting abilities is required.

David Cameron might think that his government’s time is best spent peeping over our shoulders and tutting at the things we choose to watch online under the justification of “keeping our children safe”, but I can assure him that nearly four years of mystifying underperformance in No. 10 Downing Street quite clearly say otherwise.

In Praise of Ruth Bader Ginsburg

 

NBC news reports that US Supreme Court Justice Ruth Bader Ginsburg has become the first sitting Supreme Court justice to officiate at a same-sex wedding ceremony:

Saturday marked the first time that a Supreme Court member conducted a same-sex marriage ceremony. Justice Ruth Bader Ginsburg officiated at the marriage of a longtime friend, John F. Kennedy Center for the Performing Arts President Michael M. Kaiser, to economist John Roberts in the atrium of the center in Washington.

[..] Ginsburg, who turned 80 this year, was among the majority in a Supreme Court decision earlier this summer declaring that people in same-sex marriages are entitled to the hundreds of federal benefits that couples in opposite-sex marriages have.

Well, three cheers for that! Ginsburg has long been one of my favourite justices on the Supreme Court, both for her compelling life story and her written opinions and dissents – which, while I do not always agree with them, are always sharply and persuasively written. I think that it is very fitting that she was the first justice to help usher in this new era of tolerance and equal rights for gay and lesbian Americans.

I have yet to find any footage of the ceremony taking place at the Kennedy Centre, so for any legal geeks reading, in honour of this occasion I am linking to video footage of a recent lecture/conversation she gave at Colorado Law School.

 

The topic is judging and the current state of the judiciary, and the full video is well worth watching.