Guest guest Posted May 8, 2001 Report Share Posted May 8, 2001 Dave, I've thought all along that the federal courts are the proper place to file all of these complaints, and I detailed my reasons a few weeks back when was relaying answers to our questions to Stanton Peele. Anyway, here is the Illinois Bill of Rights and it has a rather lenthy and detailed article for religious liberty. http://www.legis.state.il.us/commission/lrb/con1.htm Also the material you have presented here indicates the state is engaged in a clear violation of the rights of conscience. The North Carolina Constitution specifically addresses the right of conscience, and the U.S. Supreme Court has ruled on the rights of conscience. From your post: " The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. " People have a right to freedom of belief even in matters not related to religion. Hope this will make for some good discussion later on. Tommy > Here's what's happened in Illinois on the state level that I know of. Remember the difference between Federal (7th district) and State. > > In the early 1980s Secretary of State Jim Edgar (later Governor) helped expand DUI punishment including evidence of AA membership. > > About 1992 Rational Recovery was first used successfully by a DUI convict to regain driving privileges. In this period Rational Recovery was accepted as a recovery group alternative to AA. Since then RR has cancelled all recovery group meetings and refuses to be justification for keeping AA mainstream in these hearings or any judicial case for that matter. > > About 1995 a Committtee of the Illinois Supreme Court overseeing state judicial practices sent out a memo (a copy of which they refused to supply to me) to all the circuit courts that essentially stated that judges, probation, and social service departments couldn't require only AA or jail, that they had to offer alternatives. > > In Illinois there's a difference between reigning in the courts and reigning in the Secretary of State's Division of Administrative Hearings. > > In the following Department of Administrative Hearings standard form all petitioners recieve (which I believe is evidence of a bald faced breach of US Constitutional Law) the petitioner is the DUI convict trying to show evidence of not being a danger to the citizens of Illinois if he/she were to regain driving privileges. > > beginning of form > > SECRETARY OF STATE > SPRINGFIELD, ILLINOIS 62758 > > NOTICE - LIST OF REFERENCES > > Petitioners and their legal counsel are hereby notified that the Hearing Officer appointed by the Secretary of State may refer to any of the references listed below in deliberating upon petitions for driving relief, making findings of fact, drawing conclusions of law and making a recommendationa for the disposition of petitions to the Secretaryof State. > > > The AA Experience; Milton A. Maxwell, MacGraw Hill, 1984. > > > Alcoholics Anonymous; Alcoholics Anonymous World Service, Inc., 1939. > > > American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders(FourthEdition); Washington, D.C., A.P.A., 1994. > > > Another Chance (Hope and Health for the Alcoholic Family); Sharon Wegscheider, Science andBehavior Books, Inc., 1981. > > > The Disease Concept of Alcoholism; E.M. Jellinek, Hillhouse Press, 1960. > > > 800-Cocaine; Mark S. Gold M.D., Bantam Book, 1984. > > > Encyclopedic Handbook of Alcoholism; Pattison and Kaufman, eds., 1982. > > > 'll Quit Tomorrow; Vernon E. , Harper and Row, 1980. > > > Loosening the Grip: A Handbook ofAlcohol Information (Third Edition); J. Kinney and G. Leaton,1987. > > > The Natural History of Alcoholism; E. Vaillant, Harvard University. > > > Physician's Desk Reference (49th Edition); Medical Economics, Inc., 1995. > > > Recent Developments in Alcoholism; M. Galanter, ed., 1987. > > > Twelve Steps and Twelve Traditions; Alcoholics Anonymous World Service Iric., 1952. > > > > > DAH H-61.1 > > end of form > > At a quasijudicial hearing the petitioner makes his case, about half the time with a lawyer, and gets his thumbs up or down about two months later. One person using Rational Recovery a number of years ago was turned down for the following reason. This is a quote from the thumbs down reply from the secretary of state > > > (1997) > ORDER > Findings of Fact > Item 10 d. > > quote > The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. The Petitioner is recommended to return to his treatment provider to address the issue of the disease concept of alcoholism. The Petitioner shall not be considered for full reinstatement of driving privileges until the issue is addressed. > endquote > > > The lawyers and hearings officers are professional buddies and often switch jobs from time to time, totally incestuous. Some lawyers will test the system, but only with foresight that they'll get a big cut of whatever moves in to replace AA. RR has been repeatedly misrepresented and maligned by all types of lawyers and human service providers here in Illinois in an attempt to not rock the boat. > > There's also the deep deep Catholic/Judiciary connection here in Chicago. Father Ignatious McDermott (a huge bigwig in Chicago) (runs Haymarket recovery program) was one of those early priests to help AA way back in the 1940's and 50's get a foot in the door of acceptability in human services. He has led the judiciary towards AA punishment for decades through his buddies on the bench. Those early fights in the Catholic Church over whether to accept AA or not are a whole unpublished story yet to be told. > > On the federal level, there is a case here in the seventh district coming down soon against a major employer where the EEOC is taking sides against the employer's EAP/AA program that was mandated on the plaintiff. I am in the middle of it and will let you all be among the first to know what happens. It is a slowwwww process, but Stern is the plaintiff's lawyer, YESSS! > > Dave Trippel Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 8, 2001 Report Share Posted May 8, 2001 Dave, I've thought all along that the federal courts are the proper place to file all of these complaints, and I detailed my reasons a few weeks back when was relaying answers to our questions to Stanton Peele. Anyway, here is the Illinois Bill of Rights and it has a rather lenthy and detailed article for religious liberty. http://www.legis.state.il.us/commission/lrb/con1.htm Also the material you have presented here indicates the state is engaged in a clear violation of the rights of conscience. The North Carolina Constitution specifically addresses the right of conscience, and the U.S. Supreme Court has ruled on the rights of conscience. From your post: " The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. " People have a right to freedom of belief even in matters not related to religion. Hope this will make for some good discussion later on. Tommy > Here's what's happened in Illinois on the state level that I know of. Remember the difference between Federal (7th district) and State. > > In the early 1980s Secretary of State Jim Edgar (later Governor) helped expand DUI punishment including evidence of AA membership. > > About 1992 Rational Recovery was first used successfully by a DUI convict to regain driving privileges. In this period Rational Recovery was accepted as a recovery group alternative to AA. Since then RR has cancelled all recovery group meetings and refuses to be justification for keeping AA mainstream in these hearings or any judicial case for that matter. > > About 1995 a Committtee of the Illinois Supreme Court overseeing state judicial practices sent out a memo (a copy of which they refused to supply to me) to all the circuit courts that essentially stated that judges, probation, and social service departments couldn't require only AA or jail, that they had to offer alternatives. > > In Illinois there's a difference between reigning in the courts and reigning in the Secretary of State's Division of Administrative Hearings. > > In the following Department of Administrative Hearings standard form all petitioners recieve (which I believe is evidence of a bald faced breach of US Constitutional Law) the petitioner is the DUI convict trying to show evidence of not being a danger to the citizens of Illinois if he/she were to regain driving privileges. > > beginning of form > > SECRETARY OF STATE > SPRINGFIELD, ILLINOIS 62758 > > NOTICE - LIST OF REFERENCES > > Petitioners and their legal counsel are hereby notified that the Hearing Officer appointed by the Secretary of State may refer to any of the references listed below in deliberating upon petitions for driving relief, making findings of fact, drawing conclusions of law and making a recommendationa for the disposition of petitions to the Secretaryof State. > > > The AA Experience; Milton A. Maxwell, MacGraw Hill, 1984. > > > Alcoholics Anonymous; Alcoholics Anonymous World Service, Inc., 1939. > > > American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders(FourthEdition); Washington, D.C., A.P.A., 1994. > > > Another Chance (Hope and Health for the Alcoholic Family); Sharon Wegscheider, Science andBehavior Books, Inc., 1981. > > > The Disease Concept of Alcoholism; E.M. Jellinek, Hillhouse Press, 1960. > > > 800-Cocaine; Mark S. Gold M.D., Bantam Book, 1984. > > > Encyclopedic Handbook of Alcoholism; Pattison and Kaufman, eds., 1982. > > > 'll Quit Tomorrow; Vernon E. , Harper and Row, 1980. > > > Loosening the Grip: A Handbook ofAlcohol Information (Third Edition); J. Kinney and G. Leaton,1987. > > > The Natural History of Alcoholism; E. Vaillant, Harvard University. > > > Physician's Desk Reference (49th Edition); Medical Economics, Inc., 1995. > > > Recent Developments in Alcoholism; M. Galanter, ed., 1987. > > > Twelve Steps and Twelve Traditions; Alcoholics Anonymous World Service Iric., 1952. > > > > > DAH H-61.1 > > end of form > > At a quasijudicial hearing the petitioner makes his case, about half the time with a lawyer, and gets his thumbs up or down about two months later. One person using Rational Recovery a number of years ago was turned down for the following reason. This is a quote from the thumbs down reply from the secretary of state > > > (1997) > ORDER > Findings of Fact > Item 10 d. > > quote > The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. The Petitioner is recommended to return to his treatment provider to address the issue of the disease concept of alcoholism. The Petitioner shall not be considered for full reinstatement of driving privileges until the issue is addressed. > endquote > > > The lawyers and hearings officers are professional buddies and often switch jobs from time to time, totally incestuous. Some lawyers will test the system, but only with foresight that they'll get a big cut of whatever moves in to replace AA. RR has been repeatedly misrepresented and maligned by all types of lawyers and human service providers here in Illinois in an attempt to not rock the boat. > > There's also the deep deep Catholic/Judiciary connection here in Chicago. Father Ignatious McDermott (a huge bigwig in Chicago) (runs Haymarket recovery program) was one of those early priests to help AA way back in the 1940's and 50's get a foot in the door of acceptability in human services. He has led the judiciary towards AA punishment for decades through his buddies on the bench. Those early fights in the Catholic Church over whether to accept AA or not are a whole unpublished story yet to be told. > > On the federal level, there is a case here in the seventh district coming down soon against a major employer where the EEOC is taking sides against the employer's EAP/AA program that was mandated on the plaintiff. I am in the middle of it and will let you all be among the first to know what happens. It is a slowwwww process, but Stern is the plaintiff's lawyer, YESSS! > > Dave Trippel Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 8, 2001 Report Share Posted May 8, 2001 Dave, I've thought all along that the federal courts are the proper place to file all of these complaints, and I detailed my reasons a few weeks back when was relaying answers to our questions to Stanton Peele. Anyway, here is the Illinois Bill of Rights and it has a rather lenthy and detailed article for religious liberty. http://www.legis.state.il.us/commission/lrb/con1.htm Also the material you have presented here indicates the state is engaged in a clear violation of the rights of conscience. The North Carolina Constitution specifically addresses the right of conscience, and the U.S. Supreme Court has ruled on the rights of conscience. From your post: " The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. " People have a right to freedom of belief even in matters not related to religion. Hope this will make for some good discussion later on. Tommy > Here's what's happened in Illinois on the state level that I know of. Remember the difference between Federal (7th district) and State. > > In the early 1980s Secretary of State Jim Edgar (later Governor) helped expand DUI punishment including evidence of AA membership. > > About 1992 Rational Recovery was first used successfully by a DUI convict to regain driving privileges. In this period Rational Recovery was accepted as a recovery group alternative to AA. Since then RR has cancelled all recovery group meetings and refuses to be justification for keeping AA mainstream in these hearings or any judicial case for that matter. > > About 1995 a Committtee of the Illinois Supreme Court overseeing state judicial practices sent out a memo (a copy of which they refused to supply to me) to all the circuit courts that essentially stated that judges, probation, and social service departments couldn't require only AA or jail, that they had to offer alternatives. > > In Illinois there's a difference between reigning in the courts and reigning in the Secretary of State's Division of Administrative Hearings. > > In the following Department of Administrative Hearings standard form all petitioners recieve (which I believe is evidence of a bald faced breach of US Constitutional Law) the petitioner is the DUI convict trying to show evidence of not being a danger to the citizens of Illinois if he/she were to regain driving privileges. > > beginning of form > > SECRETARY OF STATE > SPRINGFIELD, ILLINOIS 62758 > > NOTICE - LIST OF REFERENCES > > Petitioners and their legal counsel are hereby notified that the Hearing Officer appointed by the Secretary of State may refer to any of the references listed below in deliberating upon petitions for driving relief, making findings of fact, drawing conclusions of law and making a recommendationa for the disposition of petitions to the Secretaryof State. > > > The AA Experience; Milton A. Maxwell, MacGraw Hill, 1984. > > > Alcoholics Anonymous; Alcoholics Anonymous World Service, Inc., 1939. > > > American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders(FourthEdition); Washington, D.C., A.P.A., 1994. > > > Another Chance (Hope and Health for the Alcoholic Family); Sharon Wegscheider, Science andBehavior Books, Inc., 1981. > > > The Disease Concept of Alcoholism; E.M. Jellinek, Hillhouse Press, 1960. > > > 800-Cocaine; Mark S. Gold M.D., Bantam Book, 1984. > > > Encyclopedic Handbook of Alcoholism; Pattison and Kaufman, eds., 1982. > > > 'll Quit Tomorrow; Vernon E. , Harper and Row, 1980. > > > Loosening the Grip: A Handbook ofAlcohol Information (Third Edition); J. Kinney and G. Leaton,1987. > > > The Natural History of Alcoholism; E. Vaillant, Harvard University. > > > Physician's Desk Reference (49th Edition); Medical Economics, Inc., 1995. > > > Recent Developments in Alcoholism; M. Galanter, ed., 1987. > > > Twelve Steps and Twelve Traditions; Alcoholics Anonymous World Service Iric., 1952. > > > > > DAH H-61.1 > > end of form > > At a quasijudicial hearing the petitioner makes his case, about half the time with a lawyer, and gets his thumbs up or down about two months later. One person using Rational Recovery a number of years ago was turned down for the following reason. This is a quote from the thumbs down reply from the secretary of state > > > (1997) > ORDER > Findings of Fact > Item 10 d. > > quote > The petitioner testified that he believes he is alcohol dependent and cannot drink again. However, he disagrees with the commonly held belief that alcoholism is a disease. The Petitioner also disagrees with the belief that alcoholism is not curable. The Petitioner is recommended to return to his treatment provider to address the issue of the disease concept of alcoholism. The Petitioner shall not be considered for full reinstatement of driving privileges until the issue is addressed. > endquote > > > The lawyers and hearings officers are professional buddies and often switch jobs from time to time, totally incestuous. Some lawyers will test the system, but only with foresight that they'll get a big cut of whatever moves in to replace AA. RR has been repeatedly misrepresented and maligned by all types of lawyers and human service providers here in Illinois in an attempt to not rock the boat. > > There's also the deep deep Catholic/Judiciary connection here in Chicago. Father Ignatious McDermott (a huge bigwig in Chicago) (runs Haymarket recovery program) was one of those early priests to help AA way back in the 1940's and 50's get a foot in the door of acceptability in human services. He has led the judiciary towards AA punishment for decades through his buddies on the bench. Those early fights in the Catholic Church over whether to accept AA or not are a whole unpublished story yet to be told. > > On the federal level, there is a case here in the seventh district coming down soon against a major employer where the EEOC is taking sides against the employer's EAP/AA program that was mandated on the plaintiff. I am in the middle of it and will let you all be among the first to know what happens. It is a slowwwww process, but Stern is the plaintiff's lawyer, YESSS! > > Dave Trippel Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 8, 2001 Report Share Posted May 8, 2001 The NC Constitution has only this for religious liberty. The Illinois section on conscience was more lenthy and also a bit vague I thought: " Sec. 13. Religious liberty. All persons have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences, and no human authority shall, in any case whatever, control or interfere with the rights of conscience. " Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, Thanks for the reference. It could also be pointed out that in the Secretary of State's list of references, not only are there the AA religious cult books, but Jellinek has been shown by Ron Roizen http://www.roizen.com/ron/rr11.htm to have no evidence of the doctorate he passed himself off with. So they are using the writings of a probable fraud. Dave Trippel Re: 12 step coersion in Illinois > From your post:> > "The petitioner testified that he believes he is alcohol dependent > and cannot drink again. However, he disagrees with the commonly held > belief that alcoholism is a disease. The Petitioner also disagrees > with the belief that alcoholism is not curable."> > People have a right to freedom of belief even in matters not related > to religion. Hope this will make for some good discussion later on.> > Tommy> Scroll down to Freedom of Belief:http://caselaw.lp.findlaw.com/data/constitution/amendment01/ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, Thanks for the reference. It could also be pointed out that in the Secretary of State's list of references, not only are there the AA religious cult books, but Jellinek has been shown by Ron Roizen http://www.roizen.com/ron/rr11.htm to have no evidence of the doctorate he passed himself off with. So they are using the writings of a probable fraud. Dave Trippel Re: 12 step coersion in Illinois > From your post:> > "The petitioner testified that he believes he is alcohol dependent > and cannot drink again. However, he disagrees with the commonly held > belief that alcoholism is a disease. The Petitioner also disagrees > with the belief that alcoholism is not curable."> > People have a right to freedom of belief even in matters not related > to religion. Hope this will make for some good discussion later on.> > Tommy> Scroll down to Freedom of Belief:http://caselaw.lp.findlaw.com/data/constitution/amendment01/ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, Thanks for the reference. It could also be pointed out that in the Secretary of State's list of references, not only are there the AA religious cult books, but Jellinek has been shown by Ron Roizen http://www.roizen.com/ron/rr11.htm to have no evidence of the doctorate he passed himself off with. So they are using the writings of a probable fraud. Dave Trippel Re: 12 step coersion in Illinois > From your post:> > "The petitioner testified that he believes he is alcohol dependent > and cannot drink again. However, he disagrees with the commonly held > belief that alcoholism is a disease. The Petitioner also disagrees > with the belief that alcoholism is not curable."> > People have a right to freedom of belief even in matters not related > to religion. Hope this will make for some good discussion later on.> > Tommy> Scroll down to Freedom of Belief:http://caselaw.lp.findlaw.com/data/constitution/amendment01/ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 .. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. Actually, Galileo's difficulty had nothing to do with his affirmation that the earth was a sphere; he repudiated Aristotle's geocentric theory, which had long been embraced by Christendom, and instead produced evidence in support of Copernicus' heliocentric theory of planetary movements. The Vatican ruled that it was heresy to teach -- contrary to scripture -- that the earth was not the center the universe and that the sun and moon revolved around it. Galileo persisted in adducing and publishing evidence that Aristotle was wrong, and that the earth in fact revolved around the sun -- for that heresy the Inquisition sentenced him to life imprisonment, which was commuted to house arrest. --Mona-- --Mona-- Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 .. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. Actually, Galileo's difficulty had nothing to do with his affirmation that the earth was a sphere; he repudiated Aristotle's geocentric theory, which had long been embraced by Christendom, and instead produced evidence in support of Copernicus' heliocentric theory of planetary movements. The Vatican ruled that it was heresy to teach -- contrary to scripture -- that the earth was not the center the universe and that the sun and moon revolved around it. Galileo persisted in adducing and publishing evidence that Aristotle was wrong, and that the earth in fact revolved around the sun -- for that heresy the Inquisition sentenced him to life imprisonment, which was commuted to house arrest. --Mona-- --Mona-- Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 .. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. Actually, Galileo's difficulty had nothing to do with his affirmation that the earth was a sphere; he repudiated Aristotle's geocentric theory, which had long been embraced by Christendom, and instead produced evidence in support of Copernicus' heliocentric theory of planetary movements. The Vatican ruled that it was heresy to teach -- contrary to scripture -- that the earth was not the center the universe and that the sun and moon revolved around it. Galileo persisted in adducing and publishing evidence that Aristotle was wrong, and that the earth in fact revolved around the sun -- for that heresy the Inquisition sentenced him to life imprisonment, which was commuted to house arrest. --Mona-- --Mona-- Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Here is another weapon that could be used in that situation, Dave. I posted a piece here on Dec. 14, 1999 titled " 200 Years Ago Today " and commented on Traynor v. Turnage where the Supreme Court denied two veterans their education benefits because their time limit had expired. They claimed their alcoholism was the reason they did not apply for their benefits on time. Justice White wrote " It is not our role to resolve this medical issue on which the authorities are sharply divided. " in addressing the " is alcoholism a disease " question. So how the hell can someone's liberties be conditional on such a belief? > > > From your post: > > > > " The petitioner testified that he believes he is alcohol dependent > > and cannot drink again. However, he disagrees with the commonly held > > belief that alcoholism is a disease. The Petitioner also disagrees > > with the belief that alcoholism is not curable. " > > > > People have a right to freedom of belief even in matters not related > > to religion. Hope this will make for some good discussion later on. > > > > Tommy > > > > Scroll down to Freedom of Belief: > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Here is another weapon that could be used in that situation, Dave. I posted a piece here on Dec. 14, 1999 titled " 200 Years Ago Today " and commented on Traynor v. Turnage where the Supreme Court denied two veterans their education benefits because their time limit had expired. They claimed their alcoholism was the reason they did not apply for their benefits on time. Justice White wrote " It is not our role to resolve this medical issue on which the authorities are sharply divided. " in addressing the " is alcoholism a disease " question. So how the hell can someone's liberties be conditional on such a belief? > > > From your post: > > > > " The petitioner testified that he believes he is alcohol dependent > > and cannot drink again. However, he disagrees with the commonly held > > belief that alcoholism is a disease. The Petitioner also disagrees > > with the belief that alcoholism is not curable. " > > > > People have a right to freedom of belief even in matters not related > > to religion. Hope this will make for some good discussion later on. > > > > Tommy > > > > Scroll down to Freedom of Belief: > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Here is another weapon that could be used in that situation, Dave. I posted a piece here on Dec. 14, 1999 titled " 200 Years Ago Today " and commented on Traynor v. Turnage where the Supreme Court denied two veterans their education benefits because their time limit had expired. They claimed their alcoholism was the reason they did not apply for their benefits on time. Justice White wrote " It is not our role to resolve this medical issue on which the authorities are sharply divided. " in addressing the " is alcoholism a disease " question. So how the hell can someone's liberties be conditional on such a belief? > > > From your post: > > > > " The petitioner testified that he believes he is alcohol dependent > > and cannot drink again. However, he disagrees with the commonly held > > belief that alcoholism is a disease. The Petitioner also disagrees > > with the belief that alcoholism is not curable. " > > > > People have a right to freedom of belief even in matters not related > > to religion. Hope this will make for some good discussion later on. > > > > Tommy > > > > Scroll down to Freedom of Belief: > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 And two additional footnotes on the issue of belief/conscience: " I have sworn upon the alter of God eternal hostility against every form of tyranny over the mind of man. " Jefferson " Conscience is the most sacred of all property. " Madison Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 And two additional footnotes on the issue of belief/conscience: " I have sworn upon the alter of God eternal hostility against every form of tyranny over the mind of man. " Jefferson " Conscience is the most sacred of all property. " Madison Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 And two additional footnotes on the issue of belief/conscience: " I have sworn upon the alter of God eternal hostility against every form of tyranny over the mind of man. " Jefferson " Conscience is the most sacred of all property. " Madison Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Note, though, that Justice White characterized it as a " medical issue. " > > > > > From your post: > > > > > > " The petitioner testified that he believes he is alcohol > dependent > > > and cannot drink again. However, he disagrees with the commonly > held > > > belief that alcoholism is a disease. The Petitioner also > disagrees > > > with the belief that alcoholism is not curable. " > > > > > > People have a right to freedom of belief even in matters not > related > > > to religion. Hope this will make for some good discussion later > on. > > > > > > Tommy > > > > > > > Scroll down to Freedom of Belief: > > > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Note, though, that Justice White characterized it as a " medical issue. " > > > > > From your post: > > > > > > " The petitioner testified that he believes he is alcohol > dependent > > > and cannot drink again. However, he disagrees with the commonly > held > > > belief that alcoholism is a disease. The Petitioner also > disagrees > > > with the belief that alcoholism is not curable. " > > > > > > People have a right to freedom of belief even in matters not > related > > > to religion. Hope this will make for some good discussion later > on. > > > > > > Tommy > > > > > > > Scroll down to Freedom of Belief: > > > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Note, though, that Justice White characterized it as a " medical issue. " > > > > > From your post: > > > > > > " The petitioner testified that he believes he is alcohol > dependent > > > and cannot drink again. However, he disagrees with the commonly > held > > > belief that alcoholism is a disease. The Petitioner also > disagrees > > > with the belief that alcoholism is not curable. " > > > > > > People have a right to freedom of belief even in matters not > related > > > to religion. Hope this will make for some good discussion later > on. > > > > > > Tommy > > > > > > > Scroll down to Freedom of Belief: > > > > http://caselaw.lp.findlaw.com/data/constitution/amendment01/ > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 > Note, though, that Justice White characterized it as a " medical > issue. " Kayleigh, As we discussed here about a year and a half ago, it was Justice O. who opened the whole nasty can of worms almost forty years ago. And I offered an ironic quote from on the Establishment Clause. And it is interesting that was such an absolutist on the Expression Clauses that when the Court was tasked with determining whether a book or movie was obscene, he refused to read the book or watch the movie. Not that he was a prude, but he believed it was his job to prevent censorship and that all books and movies were legal, no exceptions. I agree with on his censorship stance, but I agree with Jefferson that it is not the job of judges to determined what is and is not scientifically sound or unsound: " Government is just as infallible too when it fixes systems in physics. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. The government in which he lived was wise enough to see that this was no question of civil jurisdiction, or we should all have been involved by authority in vortices. In fact, the vortices have been exploded, and the Newtonian principle of gravitation is now more firmly established, on the basis of reason, than it would be were the government to step in, and to make it an article of necessary faith. Reason and experiment have been indulged, and error has fled before them. It is error alone which needs the support of government. Truth can stand by itself. Subject opinion to coercion: whom will you make your inquisitors? Fallible men; men governed by bad passions, by private as well as public reasons. " Jefferson Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 > Note, though, that Justice White characterized it as a " medical > issue. " Kayleigh, As we discussed here about a year and a half ago, it was Justice O. who opened the whole nasty can of worms almost forty years ago. And I offered an ironic quote from on the Establishment Clause. And it is interesting that was such an absolutist on the Expression Clauses that when the Court was tasked with determining whether a book or movie was obscene, he refused to read the book or watch the movie. Not that he was a prude, but he believed it was his job to prevent censorship and that all books and movies were legal, no exceptions. I agree with on his censorship stance, but I agree with Jefferson that it is not the job of judges to determined what is and is not scientifically sound or unsound: " Government is just as infallible too when it fixes systems in physics. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. The government in which he lived was wise enough to see that this was no question of civil jurisdiction, or we should all have been involved by authority in vortices. In fact, the vortices have been exploded, and the Newtonian principle of gravitation is now more firmly established, on the basis of reason, than it would be were the government to step in, and to make it an article of necessary faith. Reason and experiment have been indulged, and error has fled before them. It is error alone which needs the support of government. Truth can stand by itself. Subject opinion to coercion: whom will you make your inquisitors? Fallible men; men governed by bad passions, by private as well as public reasons. " Jefferson Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 > Note, though, that Justice White characterized it as a " medical > issue. " Kayleigh, As we discussed here about a year and a half ago, it was Justice O. who opened the whole nasty can of worms almost forty years ago. And I offered an ironic quote from on the Establishment Clause. And it is interesting that was such an absolutist on the Expression Clauses that when the Court was tasked with determining whether a book or movie was obscene, he refused to read the book or watch the movie. Not that he was a prude, but he believed it was his job to prevent censorship and that all books and movies were legal, no exceptions. I agree with on his censorship stance, but I agree with Jefferson that it is not the job of judges to determined what is and is not scientifically sound or unsound: " Government is just as infallible too when it fixes systems in physics. Galileo was sent to the inquisition for affirming that the earth was a sphere: the government had declared it to be as flat as a trencher, and Galileo was obliged to abjure his error. This error however at length prevailed, the earth became a globe, and Descartes declared it was whirled round its axis by a vortex. The government in which he lived was wise enough to see that this was no question of civil jurisdiction, or we should all have been involved by authority in vortices. In fact, the vortices have been exploded, and the Newtonian principle of gravitation is now more firmly established, on the basis of reason, than it would be were the government to step in, and to make it an article of necessary faith. Reason and experiment have been indulged, and error has fled before them. It is error alone which needs the support of government. Truth can stand by itself. Subject opinion to coercion: whom will you make your inquisitors? Fallible men; men governed by bad passions, by private as well as public reasons. " Jefferson Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, perhaps I mistook your point. What I meant was, it is ironic for the judge to say that he cannot call it a disease, while yet calling it a medical issue. I have a couple problems with your points. First, if legislatures dictate what science is, i.e., when life begins, whether abstinence is the only cure for alcoholism, etc., then judges will necessarily be called upon to rule on these issues. For while it is true that legislatures legislate and judges judge, who, if anyone, will decide whether or not the legislature has overstepped its bounds? Only the judicial system can do that, and will be called upon to judge scientific issues in doing so. Second, Jefferson seems to accept that truth will somehow light a beacon in the darkness -- that reasonable men will come to accept it because it is, in fact, truth. Yet the only way they can know that, as far as we know in this era, is through scientific experimentation. Is Jefferson saying that somehow the wisest among us will know what the truth is, and that truth will prevail? More likely, I think, he is saying that there will be certain human sacrifices before the truth is accepted as the truth. Galileo was fortunate not to have become one of those sacrifices, and I believe he publicly recanted a number of things he privately believed in order to prevent his sacrifice. This is my take on the quote and your post -- do you see it differently? If the truth were so compelling, then how has the 12 step movement taken such a hold on the public consciousness? In every era there have been people who believe they knew the truth. Jefferson may have been one and Bill was certainly another. Galileo was a third. How do scientists sort this out? How do judges sort this out? Judges were not kind to Galileo because his beliefs were counter to those of the society he lived in, and judges are not kind to critics of Bill for the same reason. As for Jefferson? He was one of the people who formed the society. He was very influential. So in his time, he was unlikely to be contradicted. Yet how many people nowadays really follow his beliefs, and how many of his beliefs are contradicted by the way he lived? > > Note, though, that Justice White characterized it as a " medical > > issue. " > > Kayleigh, > > As we discussed here about a year and a half ago, it was Justice > O. who opened the whole nasty can of worms almost > forty years ago. And I offered an ironic quote from on the > Establishment Clause. And it is interesting that was such an > absolutist on the Expression Clauses that when the Court was tasked > with determining whether a book or movie was obscene, he refused to > read the book or watch the movie. Not that he was a prude, but he > believed it was his job to prevent censorship and that all books and > movies were legal, no exceptions. > > I agree with on his censorship stance, but I agree with > Jefferson that it is not the job of judges to determined what is and > is not scientifically sound or unsound: > > " Government is just as infallible too when it fixes systems in > physics. Galileo was sent to the inquisition for affirming that the > earth was a sphere: the government had declared it to be as flat as a > trencher, and Galileo was obliged to abjure his error. This > error however at length prevailed, the earth became a globe, and > Descartes declared it was whirled round its axis by a vortex. The > government in which he lived was wise enough to see that this was no > question of civil jurisdiction, or we should all have been involved by > authority in vortices. In fact, the vortices have been exploded, and > the Newtonian principle of gravitation is now more firmly established, > on the basis of reason, than it would be were the government to step > in, and to make it an article of necessary faith. Reason and > experiment have been indulged, and error has fled before them. It is > error alone which needs the support of government. Truth can stand by > itself. Subject opinion to coercion: whom will you make your > inquisitors? Fallible men; men governed by bad passions, by private as > well as public reasons. " > > Jefferson > Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, perhaps I mistook your point. What I meant was, it is ironic for the judge to say that he cannot call it a disease, while yet calling it a medical issue. I have a couple problems with your points. First, if legislatures dictate what science is, i.e., when life begins, whether abstinence is the only cure for alcoholism, etc., then judges will necessarily be called upon to rule on these issues. For while it is true that legislatures legislate and judges judge, who, if anyone, will decide whether or not the legislature has overstepped its bounds? Only the judicial system can do that, and will be called upon to judge scientific issues in doing so. Second, Jefferson seems to accept that truth will somehow light a beacon in the darkness -- that reasonable men will come to accept it because it is, in fact, truth. Yet the only way they can know that, as far as we know in this era, is through scientific experimentation. Is Jefferson saying that somehow the wisest among us will know what the truth is, and that truth will prevail? More likely, I think, he is saying that there will be certain human sacrifices before the truth is accepted as the truth. Galileo was fortunate not to have become one of those sacrifices, and I believe he publicly recanted a number of things he privately believed in order to prevent his sacrifice. This is my take on the quote and your post -- do you see it differently? If the truth were so compelling, then how has the 12 step movement taken such a hold on the public consciousness? In every era there have been people who believe they knew the truth. Jefferson may have been one and Bill was certainly another. Galileo was a third. How do scientists sort this out? How do judges sort this out? Judges were not kind to Galileo because his beliefs were counter to those of the society he lived in, and judges are not kind to critics of Bill for the same reason. As for Jefferson? He was one of the people who formed the society. He was very influential. So in his time, he was unlikely to be contradicted. Yet how many people nowadays really follow his beliefs, and how many of his beliefs are contradicted by the way he lived? > > Note, though, that Justice White characterized it as a " medical > > issue. " > > Kayleigh, > > As we discussed here about a year and a half ago, it was Justice > O. who opened the whole nasty can of worms almost > forty years ago. And I offered an ironic quote from on the > Establishment Clause. And it is interesting that was such an > absolutist on the Expression Clauses that when the Court was tasked > with determining whether a book or movie was obscene, he refused to > read the book or watch the movie. Not that he was a prude, but he > believed it was his job to prevent censorship and that all books and > movies were legal, no exceptions. > > I agree with on his censorship stance, but I agree with > Jefferson that it is not the job of judges to determined what is and > is not scientifically sound or unsound: > > " Government is just as infallible too when it fixes systems in > physics. Galileo was sent to the inquisition for affirming that the > earth was a sphere: the government had declared it to be as flat as a > trencher, and Galileo was obliged to abjure his error. This > error however at length prevailed, the earth became a globe, and > Descartes declared it was whirled round its axis by a vortex. The > government in which he lived was wise enough to see that this was no > question of civil jurisdiction, or we should all have been involved by > authority in vortices. In fact, the vortices have been exploded, and > the Newtonian principle of gravitation is now more firmly established, > on the basis of reason, than it would be were the government to step > in, and to make it an article of necessary faith. Reason and > experiment have been indulged, and error has fled before them. It is > error alone which needs the support of government. Truth can stand by > itself. Subject opinion to coercion: whom will you make your > inquisitors? Fallible men; men governed by bad passions, by private as > well as public reasons. " > > Jefferson > Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 10, 2001 Report Share Posted May 10, 2001 Tommy, perhaps I mistook your point. What I meant was, it is ironic for the judge to say that he cannot call it a disease, while yet calling it a medical issue. I have a couple problems with your points. First, if legislatures dictate what science is, i.e., when life begins, whether abstinence is the only cure for alcoholism, etc., then judges will necessarily be called upon to rule on these issues. For while it is true that legislatures legislate and judges judge, who, if anyone, will decide whether or not the legislature has overstepped its bounds? Only the judicial system can do that, and will be called upon to judge scientific issues in doing so. Second, Jefferson seems to accept that truth will somehow light a beacon in the darkness -- that reasonable men will come to accept it because it is, in fact, truth. Yet the only way they can know that, as far as we know in this era, is through scientific experimentation. Is Jefferson saying that somehow the wisest among us will know what the truth is, and that truth will prevail? More likely, I think, he is saying that there will be certain human sacrifices before the truth is accepted as the truth. Galileo was fortunate not to have become one of those sacrifices, and I believe he publicly recanted a number of things he privately believed in order to prevent his sacrifice. This is my take on the quote and your post -- do you see it differently? If the truth were so compelling, then how has the 12 step movement taken such a hold on the public consciousness? In every era there have been people who believe they knew the truth. Jefferson may have been one and Bill was certainly another. Galileo was a third. How do scientists sort this out? How do judges sort this out? Judges were not kind to Galileo because his beliefs were counter to those of the society he lived in, and judges are not kind to critics of Bill for the same reason. As for Jefferson? He was one of the people who formed the society. He was very influential. So in his time, he was unlikely to be contradicted. Yet how many people nowadays really follow his beliefs, and how many of his beliefs are contradicted by the way he lived? > > Note, though, that Justice White characterized it as a " medical > > issue. " > > Kayleigh, > > As we discussed here about a year and a half ago, it was Justice > O. who opened the whole nasty can of worms almost > forty years ago. And I offered an ironic quote from on the > Establishment Clause. And it is interesting that was such an > absolutist on the Expression Clauses that when the Court was tasked > with determining whether a book or movie was obscene, he refused to > read the book or watch the movie. Not that he was a prude, but he > believed it was his job to prevent censorship and that all books and > movies were legal, no exceptions. > > I agree with on his censorship stance, but I agree with > Jefferson that it is not the job of judges to determined what is and > is not scientifically sound or unsound: > > " Government is just as infallible too when it fixes systems in > physics. Galileo was sent to the inquisition for affirming that the > earth was a sphere: the government had declared it to be as flat as a > trencher, and Galileo was obliged to abjure his error. This > error however at length prevailed, the earth became a globe, and > Descartes declared it was whirled round its axis by a vortex. The > government in which he lived was wise enough to see that this was no > question of civil jurisdiction, or we should all have been involved by > authority in vortices. In fact, the vortices have been exploded, and > the Newtonian principle of gravitation is now more firmly established, > on the basis of reason, than it would be were the government to step > in, and to make it an article of necessary faith. Reason and > experiment have been indulged, and error has fled before them. It is > error alone which needs the support of government. Truth can stand by > itself. Subject opinion to coercion: whom will you make your > inquisitors? Fallible men; men governed by bad passions, by private as > well as public reasons. " > > Jefferson > Notes on the State of Virginia Quote Link to comment Share on other sites More sharing options...
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