The Cross Examiner https://www.thecrossexaminer.net/ The internet's courtroom in the case of Rationality v. Religion Wed, 08 May 2024 19:33:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 https://i0.wp.com/www.thecrossexaminer.net/wp-content/uploads/2023/06/miniature-1.png?fit=32%2C32&ssl=1 The Cross Examiner https://www.thecrossexaminer.net/ 32 32 219524805 The Cross Examiner Podcast S02E01 – Common Ground 2 – Homeopath Part 1 https://www.thecrossexaminer.net/2024/05/08/the-cross-examiner-podcast-s02e01-common-ground-2-homeopath-part-1/ https://www.thecrossexaminer.net/2024/05/08/the-cross-examiner-podcast-s02e01-common-ground-2-homeopath-part-1/#respond Wed, 08 May 2024 19:14:38 +0000 https://www.thecrossexaminer.net/?p=2052 For the start of Season 2, I wanted to address homeopathy and, more generally, alternative medicine.  In order to understand how insane it is that these substances are still marketed and purchased in large numbers, I set the stage by telling the story of a person hero of mine: a doctor who saved countless lives...

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For the start of Season 2, I wanted to address homeopathy and, more generally, alternative medicine.  In order to understand how insane it is that these substances are still marketed and purchased in large numbers, I set the stage by telling the story of a person hero of mine: a doctor who saved countless lives and, in the process, paved the way for the modern FDA.

LINKS
The Washington Post reporting of the sulfanilamide disaster:

Automated Transcript

Cross examiner podcast tackles rationality versus religion in the case of Internet courtroom

>> Speaker A: For my second season, I was going to start with a joke about homeopathy, but it just didn’t work.

>> Speaker B: Welcome to the Cross examiner podcast, the Internets courtroom in the case of rationality versus religion. Here, our host, huh? Uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner.


Welcome to the cross examiner podcast. I apologize for the hiatus

>> Speaker A: Welcome, welcome. Welcome to the cross examiner podcast. I am the cross examiner. I am an attorney. I am an atheist, and I am alarmed. I’m most alarmed about the rise of christian nationalism in the United States and around the world, and even more importantly, the mountains of misinformation that are powering that rise. This is the beginning of season two. I’ve taken a hiatus. I’ve got a lot going on in my life. I’ve got a son that’s going into college next year. I’ve got a younger son who’s transitioned into high school as a child on the spectrum. lots of things at work. I still have a full time job. I do this free with no money or financing or anything like that. So, I apologize for the hiatus. I’m eager to get back into things, and today we’re going to be talking about common ground again. My first episode ever, I entitled Common Ground in an attempt to address a subject that I think we can all agree on, regardless of our religious beliefs, our political beliefs, anything like that. And that was the story about the McDonald’s hot coffee case. Well, today I’m going to be covering a subject that’s near and dear to my heart, and that is alternative medicine, specifically homeopathy, but generally alternative medicine. My background in the law is I practiced for many years, FDA regulatory law. It’s kind of dry. It’s administrative law, and it’s all about food safety, drug safety, medical device, cosmetics, all of those sorts of things that FDA regulates, which is much more than most people realize. But in doing so, I learned a lot about alternative medicine and what the practitioners of alternative medicine will do to try to ride the line of the laws to make themselves look as much like legit medicine as possible without crossing a legal line into breaking the law.


Francis Oldham Kelsey helped create FDA regulation of food in 1935

But today, I wanted to start with a story, and I think it’s a story that people will find interesting, and I’ve not heard the story told very often, and the story starts with a mistake. The year was 1935, and a researcher named EMK Geiling was contacted by a young academic. That academic’s name was Francis Oldham, Kelsey. They reached out to Doctor Geiling and presented their credentials and asked if they needed a research assistant. Their credentials of Francis’s credentials were impressive. They graduated from high school at the age of 15. They attended Victoria College, which is now the University of Victoria, and then enrolled in McGill University, where they received both a bachelor’s of science in 1934 and completed their master’s of science in 1935. So by the age of, let’s see, 35. By the age of 20, they had a master’s in pharmacology. So doctor Geiling received Francis’s communication saying, hey, I’ve got all of these credentials. I’d love to come work with you. And here’s where the mistake comes in. Guiling said, yes. Francis shows up. And due to guiling not understanding the difference between Francis, spelled f r a n c e s versus f r a n c I s, he didn’t realize that Francis was a woman. So he hired a woman that he probably would not have hired back then. 19, 35, 20 year old master’s degree holding woman who was the top of every class she was in. But unfazed, he took her on. The story I’d like to tell is really about Frances Oldham Kelsey. She does a couple of things in her career that you may have never heard of that have saved lives, lots of lives, and saved, many, many people from, suffering birth defects. So to understand her impact, we need to go back and talk about what the state was of United States regulation of drugs in the 1930s. And to understand that, we need to jump further back to understand what it was like in 1906. And I’ll tell you why. 1906 is sort of the beginning of the modern regulatory, scheme that the United States has put in place for medicine, for drugs. Before 1906, there was pretty much no regulation. The only regulation, so to speak, would be what’s called tort, where you sue people, right? You sold me this thing and told me that it would cure my lumbago. and it didn’t. So I’m going to sue you for, false advertising or fraud or whatever there was available. But there was no government agency that was regulating the drugs before it got onto the market or even after it got onto the market. The major milestone here has nothing to do actually with drugs. It has to do with food. And that’s the publication of a book called the Jungle by Upton Sinclair, which described the meatpacking industry at the time. If you haven’t read it, I highly recommend you do. It describes disgusting practices that were going on, completely unsanitary, completely fraudulent fillers that weren’t meat flies in the packing area, disease being spread all over the place, and it shocked the country and the world. In one of the first cases of underground guerrilla journalism, Upton Sinclair spent seven weeks working undercover, incognito, so to speak, in meatpacking plants in Chicago stockyards. The book’s focus was actually on working conditions. It depicted poverty, horrible working conditions, horrible living conditions, no social support for people. This was before Social Security and any sort of safety nets. And it contrasted it with, keep in mind, early 19 hundreds, just before the big depression. So you understand what the wealthiest class, the upper class of America, was doing at the time. In fact, Jack London, who reviewed it, called it the Uncle Tom’s cabin of wage slavery. That was the focus when he described the meat industry. It impacted more in my mind, and from what I can tell, it impacted more the public’s perception over the health violations and sanitation violations than it did about, you know, class inequality. And, that led to many reforms, one of which was the meat inspection act. But the big impact was the passage of the 1906 Pure Food and Drugs act. This was the very first time that the United States did anything on a federal level to regulate food and drugs in a serious way. It was a monumental shift in the use of government powers to protect consumers. It created the first version of the FDA. It required that food and drugs bear truthful labeling statements and meet certain standards of purity and strength. Can’t be adulterated, basically, is the modern terms. So that was the cornerstone. That was the cornerstone that created the. The m. Social awareness, the legal structure, the framework, so to speak, and the scientific thrust to focus on food and drugs. From a scientific standpoint, however, it had a tremendous amount of shortcomings. It limited the agency’s ability to protect consumers because it didn’t offer any way to remove inherently dangerous drugs from the market prior to marketing or even after marketing. So they. They couldn’t do anything prior to marketing pretty much at all. And after marketing, their only cause of action, their only way that they could remove something from the market, is for something called misbranding. This is a labeling issue. You called this aspirin. but it’s not really aspirin. It’s something else. It might still do the job, right? It might be like tylenol, if you call it aspirin. It’s not aspirin. It’s mislabeled. We’re going to pull it off the shelves. But if you label it correctly. Hey, this stuff is a, cough syrup, but it contains the following ingredients, which might kill you. And you have the ingredients on your label. It’s, not misbranded so they, people could sell it. And that was a. Seem to be a real problem, but nothing else significant happened for decades. Keep in mind, as I said, this is the great, depression. And then we have FDR’s, new deal. A new deal plays an inherent part in this, and it really should really speak to why there is a significant impact that government can have on people’s lives. Even if you’re not worried about did Trump swim with a porn star or what we’re doing in Ukraine, or all that sort of stuff. So the new Deal was in the early thirties to mid thirties, 33 to 38. And what it was is a package of work projects, financial acts and regulations and creations. Importantly for this story of federal agencies, there was a massive objection to this, mostly by conservatives. The argument went as follows. You’re here creating all of these agencies, the civilian Conservation Corps, the Works Progress Administration, the Civil Works Administration, the Farm Security Administration, the National Industrial Recovery act. The Social Security Administration comes along right here. These are all administrations. And we know today what administrations do. They create regulations, right? Are regulations, laws? Well, they’re rules. They tell you what you can and can’t do, and they say, hey, if you do this, you’re going to be penalized. If you don’t do this, you’re going to be penalized. Those sound a lot like laws. And the argument the conservatives made were constitutional in nature. They say, hey, Congress has delegated their rulemaking authority to the executive branch. Congress is passing these laws to say, hey, go create this Social Security administration. And it’s going to create a bunch of rules about how people are taxed and how these things get distributed and all of that.


The conservatives point out, rulemaking is reserved under the Constitution to Congress

The conservatives point out, rulemaking is reserved under the Constitution to Congress. This is what’s known as the non delegation doctrine. It basically says, you can’t, one branch of the government can’t delegate its rule, its role and responsibility to another branch of the government. It can actually be traced back. This doctrine, this non delegation doctrine, can be traced back to John Locke. He wrote about it in 1690, saying, quote, the legislative cannot transfer the power of making laws to any other hands for it being but a delegated power from the people. They who have it cannot pass it over to others. And this thinking, this philosophy, held sway, around the world. This was not just John Locke writing for the United States back in 1690, right? This was philosophy of democracy, sort of 101. We need to clearly define when we, the people, are going to surrender authority to someone or something like Congress and then have very, very clear rules as to what we all agreed to. And the argument is we all agreed that this group that we get to vote for gets to make the rules, and then we will obey them. And if that group says, well, we won’t make the rules, we’ll let the executive do it. All of a sudden, that’s a betrayal of the deal. That’s a betrayal of the deal. But a few things happened between 1690 and 1935 or so, and they are the following. First, we had two industrial revolutions. We had the first industrial revolution in the mid 1840s ish starts, the industrial revolution where, society starts getting more complicated. Pre industrial revolution life is pretty simple. You were a farmer, you were a merchant or you were a, banker or a lawyer or some sort of professional. There was no factory worker. There were no mass produced products. People didn’t live in giant cities the way we do now. Like we had big cities. London, obviously, is a great example. But there was not this skyscraper effect, and there was not mass communication, per se. And, the industrial revolution started to change that. We got more efficient. We could produce more goods more quickly. And then there was a second, what they call the second industrial revolution, which is at the end of the 18 hundreds. And that’s where we start seeing factories mass production, and we start seeing technology increase. And we start giving workers the keys to devices that could cause a lot of damage. Right before industrial revolution, a worker might accidentally release or stampede a, herd of cows or horses. And that could cause a lot of damage. But after the industrial revolution, a single blue collar train engineer could derail a train and spill chemicals and destroy a, small town that was surrounding a particular train track. It was like nothing we’d seen before. So we have that. We have a change in the way that we need to think of the world and to structure how the rules are made. Because pre one, thousand 935, pre administration era, where we are able to delegate authority to agencies, we don’t have as many rules. Congress can’t sit here and make, rules about sunscreen and about sunflower, seeds and about, the cosmetics on your face to try to protect you. They don’t have enough manpower. They don’t have enough time. But we were getting more products. We were getting more people. The products were being mass consumed and mass produced. And we were building trains. We were building skyscrapers. Now, we were creating the ability to do massive amount of damage. So it became more important that we come up with a way that we can create these rules, these regulations, to react to problems that are encountered for the first time. You know the old saying that regulations are written in blood? Well, that’s what happens. We realize that trains can blow up if you don’t maintain the proper boiler pressure, right? so we need to create regulations saying, hey, every train needs to be inspected to make sure its integrity is okay, that the people are licensed to operate, all these sorts of things that we try to do to save lives. So that’s the first piece of the puzzle as to why there was a shift away from this non delegation doctrine. The other big thing that’s happening is the Great Depression. The landmark moment where the Great Depression begins is the 24 October 1929 known as Black Thursday, where the Wall street stock market crashed and the whole world was plunged into financial chaos. Massive unemployment, massive halt to productivity, and it lasted a decade, at least from 1929 to 1939. So here we are with these two forces. The world’s getting more dangerous from, amount of damage that companies can do by, harming people from accidents and producing harmful products. And we have the Great Depression. A couple of major developments that change the way that people look at people in power, and not people elected officials, but people with money and the ability to produce goods and provide financial services, those sorts of things. And it becomes very apparent that the old way of doing things is not going to work anymore. Congress does not have time or the resources to tax and create a bunch of federal agencies and create laws and vote on the laws. Keep in mind that if Congress were to regulate, if Congress ran the FDA, let’s say, for example, every new drug application would have to be reviewed by a committee of Congress, probably their experts, right? The FDA would just sit under Congress, but then any action they wanted to take would have to be brought to the floor of Congress, passed in the House, passed in the Senate, and signed by the president, all of which are subject to a, massive amount of industry capture. M see, for example, the modern NRA, preventing any significant gun legislation for basically my lifetime, right? They capture politicians and prevent actual effective policies from being introduced because the people voting on it are not the experts. It’s also subject to politics in the sense of the, people voting for the politicians are ignorant in a healthy sense. They aren’t the experts on food safety, they aren’t the experts on cosmetic, adulteration. They’re not the experts on medical devices. But any particular industry could create an advertising campaign criticizing a politician for voting for a regulation by providing misinformation to the public. So there’s a lot of problems that we run into if we try to fix all of these issues that come up. The Great Depression really solidifies that, and the supreme court starts shifting their views. Pre 1935. The non delegation held the day after 1935. During the New Deal period, everybody realizes we are way too vulnerable to giving all of the power to these tycoons, the wealthy, who will do whatever it takes to just make profit with no regulation. And it was at that exact moment in history when Francis Oldham Kelsey, the young pharmacology researcher, makes a major impact that inspires, in part, in a large part, the creation of the modern FDA. To demonstrate how she was involved here, I would like to read a story. This is a newspaper story from my home state, Maryland. The paper that published it is the Washington Post, and this is dated October 23, 1937. I will put copies of this story. you only have images. They don’t have it on their website. You have to go to archives to get it. But I will put copies of the story up at my website@thecrossexaminer.net. If you want to see the full story, I’ll read selective, paragraphs. So here we go.


Death toll from Maryland use of deadly elixir now stands at 29

The title of this story is seizure of deadly elixir saves Marylander as us hastens to check toll already at 29. This is by Gerald G. Gross, GG, in the post. As I said, death in Salisbury, Maryland, from use of the drug elixir of sulfanilamide was narrowly averted yesterday while airplanes and chemists hastily drafted into service failed to save nine lives in other parts of the nation, 29 deaths in the nation were recorded here last night. Although the American Medical association in Chicago reported a total of 30, with seven other mortalities yet to be verified, Doctor Morris Fishbein, editor of the AMA Journal, said there is no known antidote for the poison, and symptomatic treatment is all that can be given. Scores are seriously ill. Seizures of the deadly potion, whose manufacture has been stopped, have been made from San Francisco to New York, from Detroit to San Juan M. After two one pint bottles were confiscated at a Salisbury drug store yesterday, investigators checking prescription lists discovered that a two ounce vial had been sold to a resident there. Rushing to his home, they found it in a medicine cabinet. Fortunately, only half a teaspoon had been consumed. Had the seizure been made a day later, with the patient following the prescribed dosage. In the meantime, another life might have been taken, officials declared. That’s the, first four or five paragraphs. So this is what was called the sulfomilinide disaster. The history here is that sulfamilanide was a drug that was used to treat streptococcal infection, and it had been shown to have dramatic curative effects and had been used safely for quite some time. In 1937, however, a salesman for the Massengill company, this was in Bristol, Tennessee, he came in and reported that there was increased demand in the southern states for the drug to be made available in a liquid form. To date, it had only been used in tablet or powder form. So the company’s chief chemist experimented and found that, sulfanilamide, it’s hard to say, would dissolve in diethylene glycol, a substance that he thought would be great to use, because it dissolved easily and it stayed suspended. Here’s the problem, though. It is the one of the ingredients you may recognize from antifreeze. And if you know anything about antifreeze, it’s a deadly poison. He didn’t know that, though. We didn’t have this testing regime or a knowledge base to understand that this was actually bad for humans. So the company tested it for flavor, appearance, fragrance. All of that was found to be great. They loved it. And this is exactly what the market demanded. So they created immediately. They compounded 633 shipments, worth of this elixir all over the country, and again tested it for everything except toxicity. And at the time, this is, you know, the 1906 Food and Drug act is what’s in effect at the time. Gave nobody any power to require people to test for toxicity. It was bad for business to sell toxic drugs, but it wasn’t illegal, because the non delegation doctrine said you can’t create agencies to make these rules. And Congress doesn’t have rules to make all. It doesn’t have time to make all of these rules about, safety, about every aspect of human life. And so capitalism wins. The market wants something. We’re going to put a product out there and see if people like it. So the AMA, American Medical association, not the FDA at that time. Again, American Medical association, private entity, the Food and Drug Administration existed, but only under the 1906 act and was basically powerless, to do anything. Problem, right? Nothing about marketing, nothing about testing. The AMA received notifications on October 11 of several deaths caused by the medication in Tulsa, Oklahoma. They notified the Food and Drug Administration, who reached out to Massengill and got the composition of the chemical. They got samples and retained the services of a lab run by doctor Geiling to research. What’s going on here? Doctor Geiling asked our hero, Frances, Frances Oldham, to research this, and she very quickly isolated the toxic ingredient and reported this back to Guiling, who reported it to the FDA. As you heard in the newspaper story, people got onto planes and flew across the country with this new information that she had proven that this was a toxic substance in this drug that was being prescribed in good faith by doctors. This chemical compound had been prescribed for a long time. This was just, a new composition of it in this liquid form. They flew everywhere around the country and probably saved hundreds, if not thousands of lives. 107 people did die, at least that we know of, of, this bad composition. But she, Frances Oldham, saved thousands of lives as a lab researcher under Doctor Geiling, who was contracted by the FDA because they didn’t have all their own labs and all of that sort of stuff. So this made headlines everywhere. You saw them in the Washington Post story. This is in 1937. Yes, yes, 1937. By that time, people had already realized, right, that the old act, the 1906 act, was insufficient and that things had to get going. And they’d already come to an agreement of what the structure would be. Because we’re two years post 1935, coming out of the Great Depression, we’re realizing that the non delegation doctrine is not going to work for a modern technological society. And we have, deals in Congress already to create a new FDA. But it’s stalled. Nobody wants to move it forward. A lot of the details have been ironed out. The courts are ready, as I said. Then this happens. Then Francis proves. Francis Oldham proves that there was nothing the FDA could do. This was a. Ah. Labeled correctly, went out, toxic, would kill people. Doctors prescribed it, caused 107 deaths, and there was nothing the FDA could have done at that point to prevent it. The very, very next year, 1938, the new Food and Drug and Cosmetic act is passed. It’s called the Food, Drug and Cosmetic act of 1938, due in large part to Francis Oldham’s work. And that’s where we get the modern FDA with the power to say, you don’t get to market a thing as a drug unless you submit a new drug application. You submit all of this evidence. We do our own testing if necessary. We have scientists review everything to make sure that it is not only safe. That was the big concern, right? We just killed 107 people because some sales guy said, hey, I want to sell it in a liquid form. A company says, sure, mix it in this thing that dissolves it really easily and sell it, and then we kill 107 people. So not only must it be safe, but importantly, it must also be effective. That’s the language in the FDA. See the federal Food, Drug and Cosmetic act of 1938. A drug must be proven to be safe and effective for the claims made on its label before you’re going to be allowed to market it. And it created a whole agency to enforce this, including law enforcement capabilities. There are agents to this day, gun toting police officers that work for the FDA to enforce this stuff, to go find warehouses where people are storing bad things, drugs that are mislabeled, drugs that are toxic. But it was Frances Oldham who did the legwork to prove what was going on here. And she saved lives and basically gave the final push for the modern FDA to take place.


Market pressure forces companies to take huge risks, just like in this case

So I’m looking at the clock. I’m a half an hour through my episode. I haven’t even gotten to homeopathy. But I do want to celebrate Frances Oldham in one other way and tell one other story. And this is probably going to turn into a two parter. I’m guessing the next major thing that she did is a whole other story. I’ll try to make it a lot shorter, but I really want to celebrate her because it demonstrates what the point of this episode is. And that is there is market pressure in a capitalist society, in a democratic society, where the rules are made, a lot of times by popular vote, there is a pressure to take huge risks, just like we saw in this case, right? We took a big risk of mixing this thing in an a substance we weren’t really that familiar with. Its only property we cared about it is that it dissolves this chemical really easily. And then, we killed a bunch of people. That pressure exists throughout history where there is money to be made, where there’s power to be had. There’s a pressure to sweep that risk under the rug, right? There’s this motivation to sweep it under the rug, I should say. And it takes massive oversight to save lives. And one could argue, like the conservatives still do to this day, that, oh, you know, the market will take care of it. That if you become known as a reckless marketer of toxic drugs, you’re going to go out of business and you will be subject to lawsuit. Individual victims can sue you. Hundred and seven people that died, their families could sue the drug manufacturer. But you know what happens, right? The drug manufacturer has been granted this protection by the state called incorporation. That’s their protection. So when I sue them, I sue the company, but I don’t sue the individuals that were doing it because they were working for the company. Now, you can sue the individuals. You could sue that chemist who did the mixture and say you were unreasonably lackadaisical in your testing. You should have tested for toxicity, so you were negligent. You could sue that individual, but most likely the company will have indemnified them, and you’re going to have a lot of defenses to that. And the money? The money is with the company, then the money’s not with the chemist. He’s making good money, I’m sure. But 107 people, states, are not going to be made whole by suing an individual chemist. But when you sue the company, you don’t get to any of the assets of the underlying employees. You just get the assets of the company. And what does a company like that do? They shift their assets around. They may declare bankruptcy. Right? They won’t pay off everybody. And then those people will go off and go work for other companies or start up a new organization somewhere else. They’re never held personally responsible. And we like that as a society to some degree, because it. By giving people protection to say, hey, if you guys mess up while you’re running your company, you’re not going to lose your house, you’re not going to, you know, your kids aren’t going to starve because you can’t be sued personally, we’re just going to sue the company that encourages, innovation, that encourages people to go out and create companies small and big. Like, I have an LLC for this podcast, and if I ever get sued for something on this, the podcast has, a shell around it that I’m hope, hopefully personally, will not get sued. And it encourages that, and we like that. But there’s a dark side to it, which is it also absolves, to some degree, people of the consequences of taking unacceptable risk. So if we can’t get it on the back end, if we can’t control companies behaviors by punishing them on the back end, we as a society have to create regulations up front to try to stem the tide of bad motivations. And that’s the culture coming out of the Great Depression. Again, what was that? A bunch of people in corporations isolating themselves personally from liability and causing a massive amount of loss of income to, the whole country. Right? So we now have said as a society, we are going to put all these rules into place, and we are going to inspect, it’s kind of a trust but verify type of system. We’re not going to inspect every single pill that goes onto the market. You’re going to report to us what you’re doing under some penalties of perjury, under a lot of different things, and then when you mess up, we’re going to get you and we will do random inspections and those sorts of things up front. So that’s all tied up in one big ball. Great Depression, industrial revolution, sulfonilamide, all of it. And that brings about the FDA. But she wasn’t done, as I said. So she went on to get her PhD and then joined University of Chicago faculty. And in 1942, she learned she was looking for a synthetic cure for malaria. Malaria kills. To this day, mosquitoes are the deadliest animals on the planet to humans. They kill more humans by orders of magnitude than any other animal on the planet. And she was looking for a synthetic cure to malaria, like many people were at the time. But as a result of those studies, she learned something. She learned that drugs, some drugs are able to pass through the placental barrier. When a mother’s, pregnant, she’s, got a place placental barrier between her and the baby. She learned that drugs can leak through. She went on to get her md, she got married. She ended up being an, associate editor for the AMA journal for a couple of years. And then in 1960, she was hired by the FDA in Washington, DC. At that time, she was one of only seven full time physicians reviewing drugs for the FDA. This is 1960, right? This is 23 years after the new FDA was created, 22 years after the new FDA is created. And they have only seven full time physicians and a few part time physicians reviewing drugs. One of her first assignments was to review a new drug application. This is under the new FDA regime for a drug called Kevadon. It’s a tranquilizer and painkiller with specific indications to prescribe the drug to pregnant women for morning sickness. Now, Kavadon had already been approved by Canada and more than 20 european and african countries. And so it was viewed as, oh, this thing is just going to sail on through. Let’s, let’s give it to this new doctor that’s reviewing for us. But she withheld approval. She requested further studies. She had read studies, at least one study in the british medical journal that showed possible neurological symptoms associated with the use of Kevadon. She also requested data showing that the drug was not harmful to fetuses because she, she had that past experience. There was tremendous pressure from the drugs manufacturer, with the german company, I believe, to get approval. But she stuck to her guns. This young, relatively young, this young doctor new to her position said, nope, there’s enough evidence here of a problem that I want your data and I want you to fully test this for safety and fetuses. I want you to test this for other issues. Now, you may not know the end result that the drug named Kevadon, was not allowed to be marketed in the United States, but you may recognize it by its more technical name, and that is thalidomide. Thalidomide was shown to cause birth defects in babies. If you took this drug while you were pregnant, and she was vindicated with her skepticism, she was vindicated for her research. She saved countless people from being born with birth defects. Typically, you don’t have any arms. You may just have a hand on your shoulder or a small limb sticking out. Thousands of children were born this way in Europe, and it took a long time for them to figure out what was going on. The headline in the Washington Post when this came out, this was in July 15, of 1962.


Francis Kelsey helped create the modern FDA drug regulatory system

By the time they realized what was going on, two years or more, I mean, two years after they applied, for approval in the United States, long after they had been selling this drug in other parts of the world, the headline in the United States on the front page was, heroin of FDA keeps bad drug off of market. Celebrated. She averted a tragedy. The author said, quote, she prevented the births of hundreds or indeed thousands of armless and legless children. She was very humble. She insisted that her assistants as well as her FDA superiors, who backed her stance, deserved credit as well. And yet again, she caused change because the public had a huge outcry after that story came out. There was something called the Harris Amendment, I think it was called, was passed unanimously by Congress in 1962. As a reaction to her work to strengthen drug regulation, companies were required to demonstrate the efficacy of new drugs, report adverse reactions to the FDA, and request consent from patients participating in clinical trials, none of which were in the original or, the 1938 act. So now companies had to demonstrate efficacy. They didn’t just have to be reviewed for efficacy, they were. The burden was now on the companies to do the tests ahead of time. The adverse reactions segment of that is still a major way that we save lives today, that you can’t sweep adverse reactions under the table. There are people who are identified as people who need to report adverse reactions, doctors and nurses and all of that sort of stuff. But the companies as well, everything has to have a serial number on it so we can trace and say, this person took this drug, this serial number from this batch, and had some sort of adverse reaction. I need to report that to a central database so that if we start to see a pattern, we can start pulling things from the shelves, just like we did back in 1937 with the. The antifreeze. Right? So yet again, here she is, making change for the better in the United States. This one woman sticking to her guns. As a result of her blocking the approval, she was awarded the President’s award for distinguished federal civilian service by John F. Kennedy in August of 1962. She was the second woman ever honored that way. After receiving her award, she continued to work at the FDA. She played a, key role in shaping and enforcing the 1962 amendments that I just talked about. And she became responsible for directing all the surveillance of drug testing at the FDA. And she retired in 2005 at the age of 90 years old, after serving with the FDA for 46 years. In 2010, the FDA named the Kelsey Award. That was her married name, Kelsey Award, for her to be awarded annually to an FDA employee for, quote, excellence and courage in protecting public health. And that is her legacy. Frances Oldham Kelsey, nobody you’ve ever heard about, most likely in your life, basically responsible for the modern FDA drug regulatory scheme. Now, why is this important? Why have I spent 40 minutes or so talking about her? not only is she a personal hero of mine, but this story demonstrates one little piece of the big puzzle that we call the scientific method. One little piece of what we call fact based regulation. Science based regulation. One little piece of the puzzle as to why things like homeopathy and acupuncture and crystals should be criticized, should be attacked, should be viewed with. With skepticism. Because when lives matter, we trust the FDA. We trust experts like Francis Kelsey. We trust these people with our lives because they’ve spent their entire lives researching a, topic, pharmacology, specifically pharmacology, with respect to infants, with respect to safety, things like that. They spend their entire lives doing this. They save lives again and again and again. And in our modern world, with the misinformation that goes around the Internet, they’re attacked. They spend 40 years doing something like this. And if she were around today and posting on the Internet, hey, I did this and that, another thing, she died, by the way, in 2015. She was 101. but if she were around today posting on the Internet, hey, this is how this drug works. Or this is why homeopathy doesn’t work. You’d have, ah, 100 people telling her she’s an idiot that doesn’t know what she’s talking about. That’s where crystals and homeopathy and acupuncture, all of that come from, and if it were just a waste of time, a laugh, that, oh, it’s homeopathy. That’s idiotic. It’s just water. What do we care? I wouldn’t be doing these episodes, right. I wouldn’t be talking about this. But I think we can all agree, and this is where I want to find the common ground here. I think we can all agree that we have demonstrated through her story that when you have unregulated manufacturing practices, when you have unregulated marketing, when you have non experts being responsible for the composition of substances that you are marketing for people to put in their bodies, when you have ignorance on the side of the consumers, and when you have sort of this woo element added into this mix, this faithful, mystical, religious element, as you will see when we talk about, homeopathy and other things, it’s a recipe for disaster. To summarize, the FDA’s mission with respect to drugs, it is to make sure that they are safe and effective. And both of those matter. We’ve talked about stories about safety, right? The sulfonylamide, the thalidomide, those things. That’s. The drug isn’t safe. But what about the other end? Why does FDA say it must be safe and effective? Well, that’s where we, we come into the other areas where we can run into disasters. And I think we can all agree, no matter what, if we’re, if we’re conservative, liberal, male, female, old, young, whatever we may be, that in today’s world, where any fool can put together a website that says that they’re a company that has insurance and looks respectable and has stock photos of doctors in white coats that are just actors on their front page and is selling a product to help cure your foot pain, that they run the risk of killing a lot of people and may never get caught, may never be punished, may never be held liable, may never make the families or estates of those dead people whole, that we want to regulate that behavior in a reasonable way so that the good stuff can get to market, but the bad stuff, as much as possible, is kept off the market. I think we can all agree on that. I think this plus many other stories demonstrates that money corrupts. And when there’s a buck to be made, there will be snake oil salesmen at every corner. So I’m going to end this episode here. We’ll dive in next episode with the actual, you know, background history of homeopathy and what the FDA is doing about it right now. Hint, not very much. but I hope you’ve enjoyed this story. I really enjoyed making it. I went through, as you heard, maybe on my trailers for this season, I’ve recorded an episode of this. I have gotten a new computer, and I was. I somehow corrupted the recording, and I was able to use it. So I decided to come back and I added a little bit. It was originally just about homeopathy, but I decided I really like human stories. I think they tell something. So I did a little more research on Frances Kelsey because I had known generally what she had done. But the more I read about what she had done and what her life was like, the more I realized I need to tell her story as the introduction. So consider this your introduction to why we need drug regulation and food and cosmetics and other things as well, but generally, why regulation is good and can save lives. Because under any other system where we let the market handle it, thousands if not tens of thousands or hundreds of thousands of kids, borns without arms and legs, thousands of people dead every year to contaminated and corrupted products because the market solution is too slow and the people running the companies are too unlikely to be personally punished for any of those problems. So this is a great solution. So, as I said, I had to re record this. I did it without a script, pausing now and then to look up, things I forgot. So I apologize for any sort of stuttering or ums or AHs there, but I really wanted to get back into the saddle. I’m excited for this season.


Next episode will focus on creationism in schools and legal issues

I’m going to be. I’m going to be talking about homeopathy as sort of the common ground episode for the first few episodes, and then I’m going to be moving into, creationism in schools. We’re going to be reviewing the, Dover versus Kitzmiller case in depth to understand the lengths to which evangelical Christians in the United States will lie to not only you, not only to school systems, but try to lie to courts to sneak their religion into schools. So next episode, we’ll follow up on more of the homeopathy, and then after that, we’ll get into more of the legal issues. Oh, and I forgot to mention, in my next episode, please tune in to watch me ingest 480 pain relief pills in one sitting, and we’re going to see what happens. Until then, please stay safe. I look forward to talking to you again.

>> Speaker B: This has been the cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing.

>> Speaker A: See you soon.

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The Cross Examiner Podcast S01E13 – Why We Care (Part 2) https://www.thecrossexaminer.net/2023/07/14/the-cross-examiner-podcast-s01e13-why-we-care-part-2/ https://www.thecrossexaminer.net/2023/07/14/the-cross-examiner-podcast-s01e13-why-we-care-part-2/#respond Fri, 14 Jul 2023 01:11:57 +0000 https://www.thecrossexaminer.net/?p=1990 I have been on vacation for several weeks but I am glad to be back!  The next in my series of episodes devoted to answer religious folks who ask atheists, "If you don't believe in God, why do you care so much?"  I review several current news topics that demonstrate “Why We Care.”Topics in this...

The post The Cross Examiner Podcast S01E13 – Why We Care (Part 2) appeared first on The Cross Examiner.

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I have been on vacation for several weeks but I am glad to be back!  The next in my series of episodes devoted to answer religious folks who ask atheists, “If you don’t believe in God, why do you care so much?”  I review several current news topics that demonstrate “Why We Care.”

Topics in this episode include:

  1. Moms for Liberty (aka “Klanned Karenhood”) quote Hitler  and disrupt moment of silence in memory of Holocaust victims.

  2. Missionary rapes his daughter, but does the story go deeper?

  3. Tommy Tuberville approves of White Nationalists in the military and says they aren’t racist, there just “American.”

  4. Josh Hawley lies about the Christian founding of the U.S., then doubles down on the lie.

  5. Public school to teach bible class?

  6. Trump followers say Trump should take his political opponents to the “train station.” 

  7. Trump says that, if re-elected, he will ban “Christian haters” from entering the U.S.

  8. The Titan sub.

  9. There’s a magical fishing wire around Manhattan that lets Jews ignore scripture.
LINKS
My new friend at the beach:

Moms for Liberty newsletter quotes Hitler and then they disrupt moment of silence in memory of Holocaust victims:

Turns out there’s a whole website dedicated to the Manhattan eruv!

Automated Transcript

Speaker A: I got a letter from my lawyer which said, dear Cross examiner, thought I saw you on the street the other day, crossed over to say hello, but it wasn’t you. So I went back one 10th of an hour. $25.

Speaker B: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner.

Speaker A: Welcome. Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist, I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States. And more importantly, I’m alarmed by the massive amount of misinformation that’s powering that rise. I started this podcast to try to bring my experience as an atheist, as an attorney, to help educate so that you could push back against that misinformation when you encounter it in the world. So this is my first episode back after a long family vacation. Thank you for your patience, but we have two kids of high school age, and we’re running out of time to have family vacations before they disperse around the world. So we took a nice vacation. We went down to Myrtle Beach, South Carolina. I was born and raised in Charleston. My dad was in the Navy, so Navy base there, and then Connecticut and Scotland back to Charleston. We went all over the world, went to Myrtle Beach to see my mother in law. My wife’s family is from West Virginia, and I think there’s a federal law that says if you retire while you’re in West Virginia, you have to move to Myrtle Beach, because that’s everybody there flies the West Virginia flag. Had a lot of fun down there. The state is definitely in the clutches, uh, of Christian nationalism. I tried to experience more of it every time I go down there. I experience a lot. I’ll post a video on my website@thecrossexaminer.net of a guy next to me on the beach that was really in the spirit of things. I suggest you go take a look at that ten second video. Fun. We didn’t, uh, interact with them, let’s put it that way. But I tried to take my family to the Golden Egg in Southern Myrtle Beach near Merles Inlet. Golden Egg, it’s one of these breakfast spots you find in any beach town that will serve you pancakes at any hour of the day. Right? And the Golden Egg, I go there every time we go down because it’s special.

Speaker C: Ah.

Speaker A: As soon as you walk in, plastered on the wall are a bunch of Bible quotes, and then you get your menu, and there’s, uh, like, the first, you know, those big plastic laminated menu, one sheeters you get at IHOP and those sorts of places for your breakfast stuff. The top left corner of the front page of the menu is all about Jesus and coming back and Christian nationalism, how this is a Christian nation, et cetera, et cetera, et cetera. And there’s paraphernalia. You can buy mugs and T shirts that are all about God. So I took my family there, and it was all gone. It was all gone. I miss it. So there was not a sign of it left. So I don’t know if it’s new owners or if somebody has seen the light, so to speak, and realized that either it’s bad for business or it just ain’t true. But either way, that’s my minor news of progress in Myrtle Beach, South Carolina, that the golden egg is no longer Jesus. Uh, breakfast center. So today, to get me back in the saddle for my post summer vacation stint, I thought we would do another episode of Why We Care. So Why We care is my episodes, where I talk about the answer to the question that follows. And the question is, if you’re an atheist and you don’t believe in God, why are you doing this? Why are you so passionate? It seems like you’re all worked up because you really do believe and you’re trying to mentally make a safe space for yourself. So the answer is, if you’re an atheist, why do you care so much that’s these episodes? And my response is, I wouldn’t care, except all of these things happen in our world, and they are acts committed by religious people, people who believe they’re doing something because of God or because of more generically misinformation, uh, pseudoscience, those sorts of things. I care because those people can hurt me. They can hurt my family, my friends, the planet. My best example is we have United States congressman on the Energy Committee, on the floor of Congress saying we don’t even need to research climate science because God promised that he would never flood the Earth again. That’s a congressman saying we should not even research a potential threat to humanity because of my religious beliefs. That’s why we care. So this episode, I just go through my inbox. I’ve got people sending me ideas you can always send me ideas at ideas@thecrossexaminer.net for news stories that happen that are related to this topic somehow. I will say, before we get going, these are unscripted. I just sort of go through my inbox and talk about the news items that are there and stuff that have may have saved that I want to talk about. So I think this is going to be a long episode because a lot of stuff has piled up while I’m gone, but please forgive the unscripted nature. I just wing it. So here we go. First up, we’ve got, uh, a doozy. You may have heard of this group. They are called Moms for Liberty. Or as I heard, somebody on the Internet describe them? Uh, once clanned. Uh, Karenhood, this is a group of busy body moms. Christian. Of course they’re Christian. And they aren’t for liberty. They are for liberty the same way that in the novel 1984, the Ministry of Truth was for truth, and the Ministry for Peace was for peace, right? They weren’t. The Ministry for Peace was the War Department. The Ministry for Truth was the false propaganda department of the government, of the fascist regime. That’s who these people are. They are double speaking, anti liberty Moms for Liberty. So what they do, and you may have heard of this this is a phenomenon that’s been going on for a couple of years now is around the country. They create chapters, and they go to local government. And that’s something that I’ve said a lot on this podcast. Local government’s, where the action at? They go to local government, and they object to school curriculums and book buying and book stocking decisions at school libraries. They love focusing on anything that has to do with LGBT. They love focusing on anything that has to do with race or discrimination. If you want to talk about that in school, in a public school, moms for Liberty is going to come and protest and pick it and do whatever they can to get your school to stop m doing that. It was founded back in 2021, so not that long ago, in a reaction to mask mandates at school. Moms for Liberty, that’s where the name came from. Give us the liberty to infect other kids, right? We don’t want our kids wearing masks, and we’re going to make them pawns in our sort of psychological issue war, where we are sick of putting up with our kids at home, and we want to send them back to school during a pandemic. So don’t make them wear masks and make sure you open the schools. That’s where they came from, was that and naturally, they evolve into what all sort of pseudo religious organizations turn into, which is Thought Police, which is, I want to control everything that’s going on. So that’s who they are. So they were in the news in Indiana. They’ve grown to 285 chapters as of this month. There was a new study this month, 285 chapters across 45 states in two years time, they’ve done this, okay? It’s like a disease. This story that I’m going to talk about is coming out of Indiana. There is a chapter in Indiana that is doing the whole let’s get all of the books taken out of the teen and kids section of our library. They publish newsletters and their newsletter for June. On the left, you see what’s in this chapter. You see how to live as a Biblical citizen, something like that. Biblical citizenship. And the next one was, um what the gays are up to. I forget what the headline was, but that’s basically it. Those are the bullet points in their newsletter. So this is Christian. This is Thought police. This is Christian Nationalism newsletter. And on the right, there was a quote. And the quote said, he alone who owns the youth gains the future. So for, uh, those of us who are students of history, that is a quote from Adolf Hitler in one of his rallies, talking about how we have to form what, the Hitler Youth. Nazis, right. Hitler Youth. And you might think, okay, so some intern found this, or some mom, most likely. They don’t have interns. I’ve got 200 whatever chapters in two years. They’re all running this out of their homes. Somebody found this quote, didn’t know who it was attributed to, and put it on their newsletter. And it’s prominent. Let me make clear. This is a prominent it’s in a big call out bubble, a big blue background, white text call out. That’s the quote. But to dispel any notions that they were confused about who they were praising or who they were quoting, here they put right there, adolf Hitler quote, he who alone who owns the youth gains the future. Close quote. And then in italics, adolf Hitler on the front page of their June newsletter. So they’re saying the quiet part out loud, right? That’s what they’re doing. So that alone is bad enough. I would say it’s got you in journalism for people to go after them if they didn’t cite it as being an Adolf Hitler quote. But they put Adolf Hitler there, so it’s fair game. But the real story is what they’re doing to their library. They have somehow forced the library to do a manual review of all the books in the teen section. That’s going to cost that county $330,000. The press is reporting that most of the books are off of the shelves while this review is taking place. So they’re basically shutting down the library for teen subject matter while people are reviewing books, this book burning N*** type of s*** that they want to do. And again, that would be par for the course of what they’re doing, and we need to push back against that. But that’s, again, not the whole story. The real story is the board of the library has public meetings, much like city council meetings or town council meetings, where the board will hear from members of the public, and you get X number of minutes, two or three minutes to say your piece at the podium and then move on. And a man appeared a few days after this newsletter showed up, a man appeared and spoke out about this issue and told the board, hey, these guys are quoting Adolf Hitler. They’re the ones that you are cowtowing to. And doing this review of the books, I would like to take 30 seconds of my allotted time, whatever his allotted time was two or three minutes, and do a moment of silence in memory of Holocaust survivors and Holocaust victims so that we can really reflect upon this group and what they’re doing to our libraries and what’s behind it. I’d like us to all just take a moment to have a moment of silence for Holocaust victims. Here’s a recording of him, uh, saying that and what happened, and I’m going.

Speaker D: To use the rest of my time for a moment of silence in response to Moms for Liberty, who I think a few of the guys have already left, so it must not be that important to be here. Ah. Who quoted Adolf Hitler yesterday in their newsletter saying that he who controls the youth controls the world. Disgusting moment of silence to think about what that means today.

Speaker A: Hear that coughing going on? That’s Moms for Liberty, of course, disrupting this moment of silence. That’s objecting to what they’re doing, objecting to the fact that they’re quoting Adolf Hitler and remembering, uh, Holocaust victims. Let’s m continue.

Speaker C: Oh, that’s pathetic.

Speaker A: You’re right. Random person in the audience. That is pathetic. So who you guess got thrown out of the meeting? And if I’m asking the question, you know the answer. Of course, it was the speaker who got thrown out of the meeting. So, M, let’s hear how that plays out.

Speaker C: Okay.

Speaker D: No, I’m not my time up.

Speaker C: I can’t be.

Speaker D: I can’t either. I’m speaking. You guys are grabbing, so I might.

Speaker A: Take that time back.

Speaker D: Please don’t address me like you’re asking me not to address you.

Speaker C: Can you please go ahead with your comment and then take your seat?

Speaker D: I’m going to need an extra 30 minutes because I keep being interrupted.

Speaker C: Okay, can you please take your seat? Please take your seat, sir.

Speaker D: I asked for 30 more seconds because I was interrupted rudely by the board. Um, you’re going to escort me out as I’m asking a moment of silence for Holocaust? No, he did not.

Speaker C: Okay. Officer there’s. Officer Cunningham, can you please escape?

Speaker A: And the Moms for Liberty applaud the man being denied the liberty to take advantage of his allotted time to speak about how horrible it is that they are quoting Hitler and trying to ban books. This is the world we live in. This is why we care. This is Christian Nationalism 101. Go in, control the local school boards, control the libraries, shut down education, shut down, uh, any sort of information that disagrees with your point of view. That’s what these people are doing. If this was the 1950s and 60s, these women would be the same ones you see in the footage from school integrations. The white women that were out there screaming bloody murder with a look of murderous intent on their face as young black children were escorted by National Guard troops into schools, forcing integration. That’s who these people are. The modern day version of this. I’m not exaggerating when I think that the Internet guy on reddit who called them Clanned karen Hood is f****** 100% right. This is why we care. People are doing this based on misinformation. They believe that there’s a God. They believe that they know the mind of that God, and they believe that the mind of that God approves of what they’re doing, and it gives them justification to commit atrocities small and big. So as to why we care. This is why we care. This is why I’m donating my time to try to educate people about what’s going on and especially how to fight back against it. Right? Go and elect school board members, library board members who won’t put up with this bullshit. Okay? It sounds like looking at the video and listening to the words, it sounds like the board person, she was in over her head. She sounded like a nice old lady who was very confused. And it’s like, oh, you’re not talking, so let’s just move on type of thing, which is always what gets bureaucrats in trouble with the law. Okay? This is a side note again, stream of consciousness. The thing that gets government in trouble is when government officials in trouble is when they choose the expedient option over the Constitutional option. I’m not saying there’s necessarily Constitutional rights involved here. You could make some arguments that it was a public forum. He was denied his time based on content. Right? That’s a First Amendment violation. You are letting some people speak in the public forum that you sponsored, and you’re allowing their content. You’re not allowing his content. Right. Nothing he was saying was obscene. He was holding a moment of silence, which the courts have said is speech. It’s not like being silent is not speech. When you say, I am going to have a moment of silence for this purpose. So you could make that constitutional argument here. Okay? I’m not talking about that. I’m just talking about generally. If you’re a government official and you have this frustration, there’s somebody here who’s bugging you and you don’t like what they’re doing because they’re making you do things by the book. Don’t try to get around the book. The book’s there for a reason. It’s the officials who take the shortcuts and just say, just shut up and sit down. That’s what gets people into trouble. And that’s what the Mobs for Liberty were applauding. A person not giving this guy his due time. It’s kind of like the Tinker case from the Vietnam War. Famous, uh, first amendment speech. Student is wearing black armband in high school to protest the Vietnam War. Administration officials hate that because they’re war mongering hawks. So they discipline her some way. I believe it was a suspension to kick her out of school. And what did they cite? She was disrupting the school, so we just made her go away. Well, you can argue the facts of whether there was any disruption or not, right? I’m sure there were people on both sides and people p***** off and all that sort of stuff, but they took the quick approach of let’s just ban her because she’s participating in the speech we don’t like, rather than going through any sort of process. And the Supreme Court said, no, students don’t give up their rights at the school door. Students still can speak. The court held that it has to be a substantial disruption in order for a school to be able to do anything about it. And it was a minor disruption. The administration officials were minorly inconvenienced that they got some protests from people about this person wearing the black armband and they brought the hammer down on it. This board member of the library was minorly inconvenienced that this person was asserting their rights. Like, hey, you’re having a public forum. You’re a government entity. I get to speak and, uh, I’m not being allowed to speak. And she kicks them out. Now, to be fair, the cop who has to escort him out, if you take a look at the video, is hanging his head down and shaking it like, oh man, I’m so sorry, dude. And the speaker is like, he’s fine with it, but we have to keep in mind what these people are all about. Okay? So when you recite the facts, it’s crazy. Moms for Liberty, whom the SPLC, the Southern Poverty Law Center, a civil rights organization that keeps track of extremists and terrorist groups. SPLC has classified them as a far right extremist organization. So a far right extremist organization cites Hitler on their newsletter as they are forcing the school, the local, excuse me, library board to pull books from the shelves. All the reporters from the area were saying that the shelves were nearly empty in the teen section of the library and spend over $330,000 manually reviewing those books after citing Hitler and all of that protest a moment of silence for Holocaust victims by disrupting it and then cheer when man, who was conducting Moment of Silence, is kicked out of meeting. Those are the facts of the case. That’s what’s going on in this country. That’s why we care. These religious nut jobs are really seeking to change the very core nature of our country. All right, enough about that. Let’s move on to the next one. What else do I have? Okay, this one is disturbing. So it started out with this story. Former Christian missionary convicted of sexual abuse and incest after victim under the age of twelve contracts. Gonorrhea, that’s where I started with this story. But this rabbit hole goes pretty deep, so strap in. So the man’s name is Jordan D. Andrew Webb from, uh, Fort Dodge, Iowa. And what he was convicted of, So we have all the facts on the table here. He was found guilty by a jury trial of sexual abuse with a person under the age of twelve, child endangerment and incest. So that while they don’t say who the victim was, that all leads me to believe it was his daughter. Incest is somebody that you’re closely related to, right? But child endangerment is somebody that you’re responsible for. So either it’s his daughter or some close relative, depending on the incest laws in Iowa. Some close relative that he was put in charge of. Because you don’t get child endangerment without being responsible for the child, right? So that in and of itself is a horrible story. And we can have conversations let’s touch on that for just a moment. If this was just the story, it would be bad enough. And we can have conversations about what kind of God lets children get raped, right? What kind of God makes that physically possible? Because you get all of these Christians, all of these religious people, god is great, god is all loving, God cares, and all of this. Why does this happen if there is a real powerful, loving God? And, uh, you may remember one of my favorite moments in the history of the show, the Atheist Experience, where Tracy Harris is having a conversation with a caller about this topic, right? And she points out the difference between me and your God is I would make it impossible for anybody to rape a child. It would just be physically impossible. Like, I can’t fly, I can’t read minds, I can’t hurt people with my thoughts even if I want to. None of that is physically possible. We could have designed people in a way that it was physically impossible. Either you never have the urge or physically things don’t happen, so you can’t do it. I, as a god, would make that an effect of life. You can’t rape a child. Your God says, you go ahead and rape that child. I’m going to close the door. You rape that child, do whatever you want, but I’m going to be very cross with you afterwards and you better apologize for it or I’m going to not let you come into heaven. That’s the difference between them and the caller responds by saying, you’re assuming that that girl isn’t a sinner. At which point they hang up on the monster caller. Uh, and that’s a great example. My favorite example in the history of the show, possibly it’s one of their most famous clips.

Speaker C: Um.

Speaker A: The best example of how people who are that caller is probably a good person. They don’t go around raping people. Maybe they do, I don’t know, but they’re probably a good person. But because they’re so invested in their religion, it causes them to twist any sort of reality, to settle any sort of cognitive dissonance they may have. On one hand, I believe my God is loving and cares for people and wouldn’t just let innocent people suffer for no reason. On the other hand, I’ve got a parent raping a child and God is letting that happen. Well, the only way I can resolve that is to assume that the girl has a sinner and deserves what she’s getting. That’s where religion takes people when they really want, uh, to believe the premises, right. They have to twist the conclusion in order to accept the premise. So that’s a conversation we could have if this story was all that there was. The way the guy that got caught is girl gets diagnosed with Gonorrhea, he had Gonorrhea. Now, additionally, the reason it’s relevant to religion is because he is a missionary. He was sent by the Harvest Baptist Bible College and Church to St. Lucia as part of their Christ in the Caribbean project from 2019 through 2022. Now, this year, I’m not sure, actually. Let’s see. He was arrested in April 22. Okay, so when he comes back, let’s put it together. Um, I don’t have to spell it out for you. He goes to the Caribbean as a missionary, has sex with prostitutes or whomever, and contracts gonorrhea, comes home, has sex with his daughter, twelve year old daughter, and only gets caught because the daughter contracts gonorrhea, goes to the doctor, gets diagnosed, and the doctor’s like a twelve year old with Gonorrhea. We know what’s going on here. A search warrant was executed on the church in addition to his residence, I believe. I know it was at the church. I assume they, uh, executed a warrant at his residence. He was arrested and was convicted, and faces up to 32 years in prison. So the second conversation regarding why we care, right? The reason we care for this particular story, for this particular aspect, is in this country especially, people put an unjustified amount of trust into people in religious positions, in religious organizations. Just look at the Catholic Church’s history. Everybody assumes it’s only the Catholic Church that does this. No, it happens everywhere. You get bad people. Bad people will do bad things. Good people will do good things. It takes religion to make a good person do a really evil thing, right? To, uh, commit atrocities. Here we’ve got a bad person doing a bad thing. They were caught and thankfully arrested. And this person, hopefully the child, will get lots of therapy and be able to get over with this, um, this person. I hope they go to prison for a long time. So that would be the end of the story. We could say, look, why does God let bad, horrible things happen to innocent children? And, uh, being religious shouldn’t make you extra trustworthy. People should be very skeptical. Just because you’re a Christian missionary, you work for a church, whatever, doesn’t mean you deserve any extra trust at all. 1 may even argue it means you should get a little less. I’m not going to say that, but I mean, given the stats, maybe that’s what’s going on here. So that’s the first part of this story. I’m going to jump to the second part of the story, and then we’ll make the connection. So another story coming out of the same city, fort Dodge, Iowa, dates back to February 27, 2009. The title of this story is anchor Charter Training Center. A children’s center is unlicensed in Iowa. That’s the the headline of the story. There’s news stories dating to this period about this school. Anchor Charter Training Center at this particular story reports that, um, it’s had 24 runaway juveniles, that it cares for a child endangerment charge that involved a paddling incident and one case of criminal mischief over the years. But the headline at this time, 2009, was, there is a 16 year old sex offender living at this center. And it’s an unlicensed center. It doesn’t have a license. They’ve got 35 kids here, one of which is a sex offender, and they have a history of problems. Okay, that’s the story from 2009. Guess who owns and operates that center? A church. That is correct. But it’s also the same church that employed the missionary that raped his child. Harvest Baptist Church of Fort Dodge. Okay. That’s how I found out about them. Like, I started researching them and, oh, they’ve got a history of criminal sexual conduct going on in their facilities dating back to 2009. But the story doesn’t end there. Back in 2017, the state was trying to tighten up on unlicensed facilities like this. And there is a senator, Senator Tim Crayonbrink, back in 2017 proposed to make the Anchor Charter Training Center, operated by Harvest Baptist Church, exempt from any of these new requirements, school accreditation requirements. They deserve to stay open and serve these children. He said, I will not change my mind on this. What would we do with them if they’re not in this facility? The kids are safe, they are well fed, everything is fine. These are all exact quotes that he’s saying. There’s only one path left, and it’s to make an exemption for the school. So now we’re getting a better picture of what’s going on here. Uh, at least this church, and probably many others like it in Fort Dodge, has a history of flying under the radar, cutting corners, doing things that they’re not licensed to do, employing sexual offenders, hosting sexual offenders. They have entered into settlements with parents who have stayed at this place. And they have politicians trying to create exemptions so that they don’t have to be inspected by the state. This is why we care. We’ve got religious organizations abusing children and politicians trying to help them cover it up. It started with just this one story. One missionary is, uh, convicted of raping his kid. And it leads to a history of holy crap, look at what’s been going on in this one town with this one church. This is why we care. They fly under the radar. You would not know about this. Like, when I read the story about the rapist, I had no idea that any of this history happened for this art, uh, Anchor Charter Training Center, the Harvest Baptist Church. I had to Google it, do research, cross reference stuff. Put two and two together. That’s crappy reporting that should have been front and center. Hey, they just got convicted of this guy doing this to his kid after they sent him out to the Caribbean. By the way, did you know that? Although there’s this whole history of this church doing stuff like this in this community, this is why reporters are important. This is why reporters who live in your community and remember the history know to, oh, yeah, they’ve had a problem that’s ongoing. Let’s talk about that in the story. They don’t talk about it in the story that was sent to me. They just talk about the rapists. So we cannot defer to religious organizations and give them any sort of trust whatsoever. Just because you’re a Christian, just because you’re a church, just because you say you serve children, doesn’t mean that we should defer to you, that we should give you any sort of trust in our society. In fact, it may mean that you deserve a little less. So this is a very, very good example of one little story that can grow to make you realize this stuff is happening everywhere, and it’s exhausting to report on it. Exhausting. All right, next story. You may have heard of the wonderfully alliterative name Tommy Tuberville. Are you familiar with Tommy tuberville? He is the Republican senator from Alabama. So that should set off red flags if you don’t know who he is. He is also an absolute moron. He may be, uh, the dumbest senator in the Senate. He’s out dumbed by, like, Marjorie Taylor Green and Bobert in the House, but in the Senate, he is up there as far as just being a blathering idiot. He was in the news this week. He doubled down on previous comments about white nationalism and how white nationalists are not racists. This is a United States senator saying that, um, that’s just some people’s opinion, was his quote. I think the original quote he, uh, had was he was on an local Alabama radio station. This is always how these people get called out. They get home, they’re in their comfortable racist south, and they go on an Alabama talk show on a radio, and he asks and he was asked whether he believes white nationalists should be allowed in the military and because they’re racists. Right. Should we have white nationalists in the military? And he said, quote, I call those people Americans. It’s a political answer. It’s non responsive. Of course, he didn’t say yes or no. The implication is yes, but that’s not what he said. Chuck Schumer immediately responded because, uh, tuberville has put a hold on military nominations. He’s gumming up the works as far as letting nominees get approved by the Senate for high ranking military positions. So Senate Majority Leader Chuck Schumer said, quote, last night, given another chance to clear the air, he suggested that, no, white nationalists aren’t inherently racist, that, yes, white nationalism is American and that the definition of white nationalism is a matter of opinion. Schumer said, It’s hard to believe that the senator from Alabama has to be corrected. Again, the senator from Alabama is wrong, wrong, wrong. The definition of white nationalism is not a matter of opinion. Now, we could quibble at the edges about that because all definitions are a matter of opinion. But what matters is when we talk about white nationalism and what everybody means by it is racist, N*** type people that want to take over the United States and make it favor whites in its policies and laws. And Tuberville, who recognizes that a vast majority of his voters are white nationalists, is trying to say, well, no, it doesn’t mean you’re racist, right? It just means you want to favor white people. Again, denying reality, trying to trying to gaslight his constituencies or gaslight his listeners into thinking that it’s not so bad. It’s just like Trump saying there’s good people on both sides regarding the Charloteville N*** march and killing. It’s disappointing, but again, falls into this category of why we care. This man is a Christian nationalist. Don’t be mistaken by the discussion about white nationalism. It’s very closely tied. So he is willing to be the face of it and willing to try to justify it, soften it, and lie to people about what it is in order to trick people into being okay with some sort of part of the concept. So, again, another entry in, uh, our Why We Care. I wouldn’t care about religion if these religious zealots weren’t out there trying to turn our country into a racist N*** stronghold. And speaking of Nazis, Josh Holly was in the news on the 4 July when he tweeted the following quote patrick Henry, as in he’s quoting Patrick Henry. It cannot be emphasized too strongly or too often that this great nation was founded not by religionists, but by Christians, not on religions, but on the gospel of Jesus Christ. For this very reason, peoples of other faith have been afforded asylum, prosperity, and freedom of worship here. Close quote. So Holly on the 4 July tweets out a quote from Patrick Henry making it very clear that this great nation was, quote, founded by Christians on the gospel of Jesus Christ. Close quote. So if I’m talking about it, you know that it’s not true, right? Right. It’s not true. Patrick Henry never said that. That’s always bad enough when somebody does this. We just had a story earlier where somebody was quoting Adolf Hitler, but attributed Adolf Hitler and got the quote right. So white nationalists can quote people correctly. Josh Holly can’t, apparently, but it gets worse because the quote actually comes from the Virginian, a white nationalist publication, and the quote was, uh, published in 1956. So, yeah, Josh Holly quoting white nationalist propaganda, that is false. So he published a fake fact. We’re a Christian nation. If you’ve listened to my previous episodes. You know, that’s just demonstrably not true. Which is why they have to come up with all this bullshit, these fake quotes. So a fake fact and a faked quote from a white nationalist rag. That’s what he did. And of course the internet jumped all over him. My favorite response was a tweet that says Patrick Henry quote if you put fake quotes in my mouth after I die, I’m going to come back as a ghost and poltergeist the s*** out of you. At Josh Holly. To top it all off, he’s got a degree in history, so he knows what he’s doing. So I know what you’re thinking. He’s going to just blame it on a staffer and move on. That’s not what he did. He doubled down. He followed up the tweet with a second tweet that said quote, I’m told the libs are major triggered by the connection between the Bible and the American founding. Quote that’s his response. That’s a senator’s response. This is where politics is in the United States. That rather than be like, oh, truth matters, I apologize. I didn’t mean to lie to you on two points. I will fix this. I will delete the tweet. I will post an actual quote by Patrick Henry and I still love America and uh, only in America can we make these mistakes without fearing, uh, uh, retribution from the government, right? All sorts of different great Patriotic 4 July, Maya Culpas you could make no, he goes into the uh, point of the entire GOP organization right now, which is you mad bro. That’s all they care about. I’m told the libs are major triggered by the connection between the Bible and the American founding. This is the man who gave the fist pump salute to the January 6, uh, insurrectionists, the religious rioters, and then ran from them as they were invading his office space, right? This is the man and he’s sitting here saying like major triggered and things like that. Again, what a disconnect and what a liar. I wouldn’t care about religion. Again, speaking with this theme of this episode, why do I care? Because there’s people like Josh Holly who have a huge microphone out there who are lying their constituents. So that when they hear this, they’re like, oh yeah, it is a Christian nation. And then they go and they listen to their preacher and the preacher tells them it’s a Christian nation. You heard my episode if you’ve listened to it, about the preacher, Kenneth Copeland, who did a whole like in two or three minutes of talking he had 28 different errors, who then lies and tells him it’s a Christian nation with a bunch of false facts. And then on Kenneth Copeland’s network, we’ve got a guy who’s saying we’ve always been a Christian nation. And the reason the Islam is so successful and we aren’t right now is because we don’t have people passionate enough to strap bombs to our chest. I hope you see the pattern. All the statements I just said are all true. We’ve got all these Christian nationalists telling the lie that this is a Christian nation that was founded on Christian principles, um, and that the founding fathers all were devout Christians and wanted this to be a Christian nation, when none of that could be further from the truth. And they know what they’re doing. It’s all one big machine. Let’s all sing the same message. Let’s all chant the same mantra. And if we say it loud enough and long enough, if you repeat the lie long enough, people will start to believe you. So this is why we care. We’ve got to push back against stuff like this next story is out of Kansas City, Missouri. The, uh, headline is missouri public schools will be allowed to teach electives on the Bible under New Law. So it was actually a bipartisan bill that got signed into law by their Republican governor, Mike Parson. When was this signed? In the week of the 7th, so fairly recently, about a week ago. It goes into effect this coming year. And the Bible will be taught in school as an elective in a social studies class. The names of the courses that are listed as examples, but not limited, uh, to these is Hebrew scriptures, the Old Testament of the Bible, and quote new Testament of the Bible. So, basically, old Testament. New Testament. We’re going to study the Bible in public schools. I’m actually not against things like comparative religion classes. Like, if you were to have a class in a public school, that was comparative religion, let’s study the Quran, the Old Testament, the New Testament. Throw in some other stuff in there. As far as what major religions the, the district once represented, I think that’s very educational and it opens people’s eyes. The more that you read the bible and other scriptures, the more you realize they’re all the same and that they all can’t prove each other wrong, and none of them are true. The more you study the Bible, if you’re actually studying the Bible, the more you’re convinced it’s not true. The problem comes in is when you limit your courses that you’re offering to one religion. These courses are only about the Christian Bible. They’re not offering a, uh, comparative religion. They’re not saying that they’re going to study it under a particular view, like study it as literature versus study it as historical fact versus study it as religious doctrine. I haven’t seen the guidance. I don’t think there is any guidance. Uh, so this is singling out one religion to be favored over others. They’re going to have arguments about that. They’re going to have arguments about the nature of the curriculum, things like that. It’s definitely concerning. It’s more example of what we are seeing. If the GOP takes over local government around the country and forcing religion back into schools, we should not just offer this now, one could argue, like, hey, all of our students are Christian. And it’s kind of like when you choose which foreign language to offer at your high school. We don’t offer, uh, the traditional Native American languages at our high school because nobody in our community wants to learn how to speak that. They all want to learn how to speak, uh, French and Spanish. So that’s what we offer. My local school district has a lot of Korean students, and they want to study Korean, or they want an easy A, just like I take English for an easy A. So we offer Korean and English in my school district, whatever it may be. And they could make that argument. Right? When it comes to religion, that’s a special decision, right? It’s not just like picking French versus German. It’s picking one religion over another. And when the First Amendment gets involved, we have some establishment clause problems. This current court may not see a problem with this. I haven’t done a lot of research on the history of this. Uh, like, how often has this been tested by federal courts? I’d love to go do that. I just want to bring it up as another example of why we care. For those of you who keep saying, why do you atheists care so much? This because it’s being shoved down people’s throat. And if you’re a student in this school and you elect not to take this class, you are now different. You are now the person who chooses not to do this. If you are a student who does take the class, but you are an atheist and you are seeking to enter into genuine discussion, you may be surprised when the teacher starts preaching this as true, and you are saying, actually, there’s no justification for that, and you start getting a failing grade. If you are taking this as an atheist, and you notice, hey, you are only discussing the good parts. You know, when you go and you take, ah, a Bible study at a church, it’s always funny how they start with the good stuff, the gospel, little baby Jesus being born, little baby Jesus dying for our sins and saving us. Uh, all of that stuff. They don’t ever get into the nasty stuff like, hey, God ordering you to go and kill everybody in that city and take the children and take the infants and bash them upon the rocks, because that’s what m makes God’s happy. The smell of burning flesh in God’s nostrils is what really gets them off. All of that stuff that’s never, strangely enough, never taught. So if you’re an atheist or a secular student or someone who’s Islamic, let’s say, right, you’re a Muslim in this class, and you’re asking these questions about, why aren’t we studying this other stuff? The teacher may be prejudiced against you. It opens up a big can of worms. So it’s best to stay out. If you’re going to do it, do it as a comparative studies, right? Do it as something where you are studying it as literature. Compare the histories, all sorts of stuff you can do. So it’s a tough call for me on this particular issue without doing more research. It definitely raises a ton of concerns, and it is why we care. Next story. This is a video of an interview a reporter did in Pickens, South Carolina. Yet another South Carolina story during a Trump rally. They’re talking to fans of Trump in line at a Trump rally. So listen to this. What should President Trump do on day one when he gets back in?

Speaker C: Lock him up.

Speaker A: Lock him up.

Speaker C: Right?

Speaker A: The deep state. Take it down.

Speaker C: Take them to train station.

Speaker A: Take him to train station. I didn’t say that. Take him to the train station. Trump woman says, what should Trump do on day one? They should take the deep state. They should take the Democrats to the train station. And the reporter, if you could call him that, repeats that so the audience can hear it, and then says, I didn’t say that, with a smile on his face. While everybody around, this woman is smiling. Shoulders are chuckling, jumping up and down as they chuckle. This is a reference to, of course, the Holocaust. Let’s take our political opponents, put them on a train, and take them to gas chambers and kill them all. This is what is going out as news. This is what these people think is a good idea to report to the rest of the country. That’s already in a very tense sort of mental situation. Again, I can’t say for sure that these are all Christian nationalists, but looking at the crowd, they are all white. They’re all in South Carolina. They’re all supporting Trump. They’re wearing the Lions Not Sheep T shirts that you may have seen going around. And they’re telling people that we should take our political point, uh, and put them in the gas chamber. It’s as bad as I’ve ever seen it in the country. These people need to be stopped. This news service, whatever it was, RSBN. I don’t even know that one. It seems like a very OAN type of thing. Should be ashamed of themselves. I know that they aren’t. I know that this is what they know they make money off of, is putting controversial people on camera. But the fact that people feel comfortable saying this makes me very, very aware of my naivete and my innocence back. Pre. Trump. Pre. Obama when I used to have these conversations, late night conversations at school, like, I just don’t understand how the N*** movement took over Germany. I know they were down on their luck and they lost the first war and all that stuff. But how do you jump from that to, like, we should just kill millions of people? And now I get it. I mean, I get it. We are living in that sort of about to have crystal knocked type of moment in our country where the Christian nationalists are using Trump as their leader to help them deny reality and shift blame onto any scapegoat that they can possibly come up with. And right now, it’s atheists, it’s Biden, it’s the deep state, whatever that means. Ignoring the fact that he had four years, uh, Trump had already had four years to do anything, to do absolutely anything to help his voters, and did nothing. The one major piece of legislation that he passed during the two year period where he had the House, the Senate, and the White House for two years, what did he get done? He passed a trillion dollar tax cut for the wealthy. And the people in this line, let me tell you, are not wealthy. These are blue collar workers spending their time, their valuable time off of work, showing up at a Trump rally and telling people that we need to bust their political opponents off to gas chambers. What is wrong with you people? This is insane. This is why we care. These people don’t believe this. If they don’t have pastors telling them that we’re a Christian nation, if we don’t have Trump holding up the Bible upside down and pretending to be one of them, right? They’re excusing the p**** grabber in chief. These are not what I was raised to believe were good, moral people, which is what they think of themselves as. They are potential gang murderers. They are willing participants in a, uh, genocide. If her particular statement, which is chuckled at sheepishly and with a wink today, becomes a slightly more serious proposal tomorrow. Because we realize, of course, that all of our political opponents are pedophiles. And that’s our excuse to, of course, send them to the gas chamber, which, if you’ve been listening to this show, you realize the vast majority, if not all, of the pedophiles we’re catching are all conservatives, they’re church members, they’re Boy Scout leaders. All of those people tend to be the ones that are getting arrested, not the politicians that these people want to point at. So this right here, these people in the street that have been affected by all of these opinions floating around in the ether, affecting their perception of reality, this is why we care. We don’t get people proposing mass execution of political opponents without religion in the mix. We just don’t get it. We do get it today, because that religion is being weaponized against rational thought. Speaking of which, here’s a great example of that.

Speaker E: Today, I’m, um, announcing a new plan to protect the integrity of, uh, our immigration system. Federal law prohibits the entry of communists and totalitarians into the United States. But my question is, what do we do with the ones that are already here, that grew up in? I think we have to pass a new law for them.

Speaker A: So this is Trump, uh, saying that if he’s elected president, he’s going to keep the Communists and, uh, totalitarians out and that we probably need a new law for those people who grew up here and have communist leanings right, and I guess totalitarian leanings that we need a new law to handle them, too. He, uh, goes on with some details.

Speaker E: Using federal law in section 212 F of the Immigration and Nationality Act, I will order my government to deny entry to all Communists and all Marxists.

Speaker A: All right. He’s going to use section 212 F of the Immigration and Nationality Act. The Ina What does that actually say? Let’s read it. This is, uh, section 1182 of title eight of the Federal Code. Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may, by proclamation and for such period as he shall deem necessary suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. So this is broad power that has been delegated from Congress to the executive to say, hey, if you’re finding a particular alien, a particular person who’s not of the United States or a class of aliens, some group that has the same characteristic. Everybody who is carrying a weapon, everybody who is a member of a terrorist group, things like that. If you find that admission into the United States they used to say entry. Now they say admission is the word use. If admission to the United States would be detrimental to the interests of the United States, you can basically forbid them. And this is the section that he tried to rely upon back when he did the Muslim ban, as it was known. He tried to disguise it as well. We’re just banning entry from certain countries, but all of those countries were of, um, Muslim origin. Here he’s being much more explicit. I am going to issue an order that’s saying anybody who’s a Communist can’t come into the country. Obviously, no definitions. He’s not big on any sort of details on anything or actually doing anything, but that’s what he says. He’s going to go further, though, and describe why we don’t want these people in the country. So let’s listen in.

Speaker E: Those who come to and join our country must love our country. We want them to love our country. We don’t want them when they want to destroy our country. Welcome to America. We want to destroy your country. Thank you very much. So we’re going to keep foreign, Christian hating communists, marxists, and socialists out of America. We’re keeping them out of America.

Speaker A: So we’re going to keep foreign, Christian hating communists, marxists, and socialists out of the country. Christian hating. Now we are out in the open, right? This is Christian nationalism. If you’re not Christian, you can’t come to this country. I’m going to couch it as, uh, he noticed how he added socialism. At first, it was totalitarians and Communists, and then it was Communists and Marxists and socialists and Christian hating people that are of that type. So this is the rhetoric that we hear from Christian nationalists that sounds very similar to prewar Europe, right? Let’s keep the Other. As Orson Scott Card described it in Ender’s Game and in the series of Ender’s books the Varelsa, the Other, the Alien. Let’s keep the alien type of person literally and figuratively, away from me. And here it’s focused on religion. Would this pass constitutional muster? Right? Uh, absolutely not. If he came in and said, anybody who’s not Christian that doesn’t like Christianity is a threat, would be detrimental to the interests of the United States of admitting them. That finding could be questioned, and I think the court would jump in and say, no, this is a violation of the First Amendment. Now, one makes all these sorts of arguments as saying, well, they’re not citizens. They have no right to be in here. But you would find test cases where people who have some sort of interest vested in them. As soon as you show up on the shores, the Constitution gives you certain rights. Right. As soon as you are physically here, we would find people who made it to America, and now they’re being denied admission, um, based merely on their religious views. The fact that they have religious views that the President doesn’t like, I can’t imagine the Court would go along with that. Well, actually, I could imagine this Court going along with that, but I don’t think they would. I’d love to love to get a constitutional scholar in here to break that down for me. I did a little bit of research, and the Supreme Court has only addressed this particular section once in its history. And that was back in 90. What, 90 something? Let me see. 92 no, 93. 93. It was sale. Or sale, maybe. Sale v. Haitian Centers Council, Inc. And that was an executive order by Bush SR. Ordering the suspension of admission of any aliens coming to the United States by boat without proper paperwork. That was the class that he was forbidding, and the Court was fine with that. There was a previous, uh, issue under the 11th Circuit in 92 on a Reagan order that was very similar. Boat, uh, traveling immigrants without proper paperwork were banned. And again, they were fine. And there’s a couple of histories dating back to the 1950s, uh, about similar statutes. This is relatively new, this particular section, but there’s nothing in here where the President says, I think that admitting people that don’t like Christians to the country, uh, is detrimental to the interests of the United States under this section. Therefore, I’m forbidding it. That does not seem to hold muster. It’s not an area, immigration area is a little hazy for me, to be honest, because you do have that question mark of which rights apply. I could go and dive in, I’m sure, and maybe we’ll do an episode on that. Better yet, to talk to an expert and find out at what point, like when your foot touches if you step off of a dinghy and your foot touches land. Because this has been a case on immigration coming from Cuba, where people the decision literally has been is part of their body touching dry land. Right. What rights are now attached to you? Because some do. Because the Constitution doesn’t say it only applies to citizens. It applies to anybody who is physically in the United States. Just because you’re not a citizen doesn’t mean I can do whatever I want to you and the Constitution doesn’t apply. But the court has agreed that there’s some things that you some things that you’re allowed to do regarding regulating immigration, even if the person’s here where you don’t have the right, uh, that a citizen would have. I would love to get into a conversation. So if anybody’s interested in coming on and talking about that particular issue, because it is going to be a continuing issue from the GOP for the next two decades, I’m sure, trying to keep non Christians out of the country because this is a Christian nation, please give me a ring. I would love to interview you. I’m looking at you, Ryan Jane, of the Freedom from Religion Foundation. If you’re listening. What is FFRF’s take on a proposed ban on, quote, Christian haters entering the country? Um, I’m pretty sure I know what your position is, but I’d love to chat with you about it. Let me know. Next up, we’ll talk very briefly about the submarine incident you may have heard of. I think the entire world heard about this. The Titan sub that was pulverized, crushed instantly, as it was, um, trying to make it down to the Titanic. I cite this not as a religious issue, but as a repeated mantra on this show of, uh, if you believe things based on insufficient evidence, you can hurt yourself or others. By all accounts, the guy that was running that company was both a sort of scientific engineering guy, but also a maverick. And it sounds like, uh, in reading everything and listening to his interviews, he believed things about his own capability that were not justified based on the evidence. Especially the evidence of other experts coming in and saying, hey, using carbon fiber hole attached to a metal, uh, end caps. That’s a bad design. It’s going to wear out over time. And sure enough, he killed four other people. Thankfully. It sounds like it was instantaneous. Just, you are first. The quote I heard was, you are biology, and one millisecond later, you’re just physics. You’re just particles floating in the water. So, yeah, small and large, you. Shouldn’t go around just believing you’re going to be safe and that everything’s just going to be okay because, hey, it’s you or hey, this guy is a, uh, CEO. He must know something. Get the evidence first. Next we’re going to and finally we’re going to end on a, uh, funny story, somewhat funny story. It’s still a little weird and disturbing, but the headline was as follows. This was an NPR story. A fishing line encircles Manhattan protecting sanctity of Sabbath. What’s that about, you might wonder. Well, it turns out that for observant Jews, I don’t know how orthodox you need to be in order to believe this particular rule. Ah, it’s a mystery to me as to which rules people choose to apply and don’t apply. But, um, there is a rule that says you are not allowed to leave your home carrying anything on the Sabbath, the day of rest. Right. No carrying on the Sabbath. And according to the laws, nothing can be carried from the domestic zone into the public zone on the day of rest. Saturday. That means no carrying house keys, no wallets. If you’ve got a kid, you can’t push a baby stroller. So all of that would not be allowed. You must stay in your home shelter in place on Saturdays, unless you are walking inside of this enclosure, this symbolic enclosure, as far as I can tell, called an aruv, eru v. Aruv. Now I’m relying on this NPR article. It says that the aruv was first established about 2000 years ago to allow Jews to more realistically follow the laws of the Sabbath rest, particularly the one of no carrying. Right. I find that interesting because if it’s almost 2000 years ago, that means it’s long after the Torah was written. So it sounds to me like somebody’s like, you know, we’re getting pretty sophisticated here. Cities are busy. Uh, why don’t we invent an excuse to not have to follow one of the rules, right. So if nothing can be carried unless you’re inside of an aruv and you want to go about Manhattan, guess what? You surround all of Manhattan in an aruv. This symbolically extends the domestic zone into the public zone is what is the theory. So they literally spend hundreds of thousands of dollars stringing a fishing line around most of Manhattan. I’ll put a map up on my site of where it goes, but they have an interactive Google map. I’ll try to find that for you to show you how big it is. But it goes all the way down to Lower Manhattan, the top of Lower Manhattan, all the way up to Harlem. It includes all of Central Park, Washington Square, Midtown most of midtown, except for H***’s Kitchen. I find that interesting. There’s a lot of space, uh, that’s covered by it. So they run a fishing line and every Thursday I think it is, yes. Every Thursday before dawn, a rabbi drives the perimeter, checking to see if wind or fallen branches or anything has broken the line. And there are usually a few breaks. So a construction company is called, and the rabbi gets in a cherry picker with fishing line in hand and repairs the aruv. Okay, that’s $125 to $150,000 a year this community pays to string a piece of fishing wire around Manhattan. I kid you not. So I’m not saying that this is why we care, but if you’re willing to spend $150,000 a year for your magical barrier to get out of following a rule in your book, how important is that book, and how realistic are those rules? I don’t know. You tell me. Am I being, uh, a little too picky on this one? I think it’s a perfect example of how people know deep down inside that most of this stuff is just BS. And when it starts to really interfere with what they want to do because they know it’s the right thing or what they need to do, they find ways to not follow the rules. You see lots of Christians with tattoos. Let’s just put it that way. All right, so I’ve gone on long enough. This is my first episode back. I appreciate your time. Uh, next episode, I’m going to be doing I think I’m going to do a quick take. There was a story that came in about Yuri Geller, uh, this week that I was going to do here, but I know I’m going to talk longer about it than anything else. So I’m gonna probably do a quick take on that. And then we’re gonna get back to my faith healing series. We’re gonna do a deep dive on the history of Christian science in America. So I hope you join me for that. Thank you for listening, and remember to have a fun time all the time. I’ll see you next time.

Speaker B: This has been the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon.

Speaker C: Sauce. M.

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The Cross Examiner Podcast S01E12 – Kenneth Copeland Says George Washington Spoke to Jesus? https://www.thecrossexaminer.net/2023/06/17/the-cross-examiner-podcast-s01e12-kenneth-copeland-says-george-washington-spoke-to-jesus/ https://www.thecrossexaminer.net/2023/06/17/the-cross-examiner-podcast-s01e12-kenneth-copeland-says-george-washington-spoke-to-jesus/#respond Sat, 17 Jun 2023 06:33:58 +0000 https://www.thecrossexaminer.net/?p=1967 In what was GOING to be a Rocket Docket episode but ended up being a full episode, we discuss how Kenneth Copeland is lying to the world about pretty much everything.  In this particular case, he is lying about George Washington and his inauguration!LINKSThe Video I Analyze Of Copeland LyingCongressional Record re: St Paul's ServiceCongressional...

The post The Cross Examiner Podcast S01E12 – Kenneth Copeland Says George Washington Spoke to Jesus? appeared first on The Cross Examiner.

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In what was GOING to be a Rocket Docket episode but ended up being a full episode, we discuss how Kenneth Copeland is lying to the world about pretty much everything.  In this particular case, he is lying about George Washington and his inauguration!

LINKS

The Video I Analyze Of Copeland Lying

Congressional Record re: St Paul’s Service

Congressional Record of First “Action” of Congress

"When Fascism Comes To America, It Will Be Wrapped In The Flag And Carrying A Bible"

Automated Transcript

Speaker A: A genie tells a man he has three wishes. The man immediately asks for a world without lawyers. Done, says the genie. You have no more wishes. The man objects. But you said I had three. The genie smiles and says, so sue me.

Speaker B: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner.

Speaker A: Hi. This is the cross examiner. Before we get going on this episode, I wanted to explain that I started recording this as a rocket docket episode. But as I kept talking and doing research, it basically blossomed into a full episode. And it’s right on point with what I’d like to discuss. So you’re going to hear me talking about it being a rocket docket episode, but it grew and grew and grew, as some things do. And so I present to you a full episode. Thanks for listening and on with the show. Welcome. Welcome to another edition of the Cross Examiner’s rocket docket. This is a segment where we talk about the news of the day, stuff that’s kind of urgent to talk about. As I said before, this is going to be unscripted me talking off the top of my head. So forgive the, UMS, OVs coughs, uh, pausing to look things up and reference things. But these issues come up and I want to get content out there. I want to get some facts out there to try to head off the misinformation that’s going to be flying around the Internet. And today we’re following up to yesterday’s rocket docket. We had a preacher on yesterday that said that, uh, he wanted suicide bombers, christian suicide bombers. And I told you he broadcast his show on Kenneth Copeland’s network. I did some more research and found out today that that network, it’s a program called Flashpoint. Kenneth Copeland made flashpoint in 2020 to support Donald Trump’s reelection. And he uses it to spread lies about the election, disinformation, conspiracy theories, that sort of stuff. Well, Kenneth Copeland is in the news today, and it’s because he is spreading more lies today. I mean, I should, I should be more specific. Today he is spreading lies about the founding of the United States. It’s a common trope that Christian nationalists try to perpetrate to say this is a Christian nation. The concept that the United States was formed as a Christian nation is just on its face, false. And you have to have avoided every single history book in your past to believe it. But you also have to listen to people like Kenneth Copeland. All right, so I’m going to play some of this sermon that has sort of the most outrageous lies. And I’d like you to take a listen here he is talking about Washington’s first inauguration.

Speaker C: Washington invoked his oath and covenant unto the Lord and sealed it with so help me God.

Speaker A: Okay, let’s pause it right there. Let’s see. I’m looking at Audacity. It’s the software I use to record this. And less than 8 seconds is how long that clip is. Less than 8 seconds it took for him to tell his first lie. Washington never said so help me God. In his inauguration speech. He didn’t mention God at all. He didn’t mention Jesus. He made vague allusions deistic, allusions, to quote that almighty being who rules over the universe to the great author. This is the language he used. Very vague, very non Christian. One other time, he addressed him as the parent of the human race. So let’s keep in mind where this is coming from, okay? Both where Washington is coming from and where Copeland is coming from. Washington is coming from the Enlightenment. Enlightenment thinkers like Jefferson and Washington and everybody involved in the founding of the United States rejected, for the most part, the traditional view of Christianity as being absolutely true, literally true. The vast majority of the Founding Fathers were deists. They believed in some Creator, some divine watchmaker, so to speak, that set the ticking of the universe going. But they didn’t believe in a God of the Bible, a Jesus who came down and performed miracles and did all that. Jefferson famously created his own copy of the Bible with everything cut out except of Jesus’s words as good advice. This is how they viewed religion at the time. Now, I’m not 100% sure what Washington’s personal beliefs were, but the language I just read to you certainly reflects, uh, more deistic on the scale of personal God that intervenes every second of the universe to a deism. It certainly reflects one that’s a more impersonal God. So for Copeland to come in and in the first seven point whatever seconds, tell his first lie by saying, Washington said, so help me God, is extremely telling, he has to lie right off the bat. Now, why is that? We’ve talked on this podcast of what I’m concerned about. It’s about Christian nationalism. Christian nationalism is basically identified with you saying, I believe that the United States is a Christian country. You could ask one question of anybody. That question, more than anything else, will identify that they are a Christian nationalist. Coincidentally, studies have been done by, uh, various political science, uh, professors. Let me get a book off my shelf. 1 second. Okay. There are two books that you should read by a political scientist who has explained what’s going on with Christian nationalism and with Trump. His name is Michael Tesler, and he wrote two books that I strongly recommend. You’ve got Obama’s race. And that has a clever double meaning to mean it’s the Race for the Presidency through the eyes of a political science analyst, but also the color of his skin. And then his other book. Post racial or most racial? Those two books have in it solid data, charts, graphs, statistical analysis, everything that you would want to a very high degree of, um, certainty about several issues. I’ve spoken on them in the past, but one of them that relates to this question is the question I just asked you do you believe that the United States is a Christian nation? If you answer yes to that, not only are you very likely to hold Christian nationalist views, uh, beyond that it is a Christian nation, that it should be, that the government should take acts to promote that sort of the fascist Christian nationalism views. It’s very indicative of that. But it is also the single best question you could ask somebody in Trump’s election as to whether or not they voted for Trump. The single biggest indicator, the biggest correlation we could find between one question and whether or not you voted for Trump was that question, do you believe that the United States is a Christian nation? If you said yes to that, it was a better indicator that you voted for Trump than any other single question that includes what is your gender, what is your race, what is your party affiliation? It was a better indicator that you would vote for Trump than whether you were a Republican or Democrat. It was better than your own religious views. Are you Catholic? Are you Protestant? Are you atheist? Are you none? That question is less indicative of whether or not you voted for Trump than if you said yes to I believe that the United States is a Christian nation. Editing examiner here. I wanted to make sure that I was right about this, so I went and looked this up and I am right. Uh, but there is a tie. Uh, Trump. You voted for Trump if you said yes to Christian nationalist questions, but you also voted for Trump if you were Islamophobic. Those are essentially the same rate. So it’s a tie. It is the best question. And the authors of the study say, well, it’s hard to separate Christian nationalism from Islamophobia because they’re so closely tied together. A study, if you want to read up on this, was called Make America Christian Again christian Nationalism and Voting for Donald Trump in the 2016 Presidential Election by Andrew Whitehead et al. In the journal called Sociology of Religion. So back to the show that is Christian nationalism. This is what’s going on. So this is why Copeland is starting off with the lie. He is saying even Washington said, so help me God. He used the word God and he has to work that in there because he’s building a false narrative. What have I said since episode one? I’m concerned about Christian nationalism and more importantly, the mountains of misinformation that support it, that push it forward. And here it is, live, happening today. Copeland in 7.7 seconds is saying a lie, an absolute lie. He doesn’t have to. He can go and look at the speech. There’s all sorts of religious sort of deistic wishywashy sort of stuff that Washington says, and we can talk about why he says that and why he uses the language that he does. I must, in this inaugural speech, in my first official act, give recognition to the Almighty being who rules over the universe and, uh, has helped the United States. And I’m sure that when I do this, I’m not expressing it just for me, but also for you, the listeners, and certainly the people of our nation. Why would somebody speak that way? We can go and read his writings and find out more. But it’s equally possible, and I don’t even know it’s equally possible. It’s possible that he said that because he believes in Christianity, but he didn’t want to mention Jesus because he didn’t want the country to be a Christian nation. It could be that he believes in Jesus, but he just uses the word Almighty Being. Or it could be that he doesn’t really buy into the Jesus thing, and he’s trying to be political, as he was so famously good at doing and bringing a country together where he knew the vast majority of people in the country were Christian. So he’s giving a political tip of the hat to them. That for me, my reading is what’s going on here, right? But it could be any but we certainly don’t have him say, So help me God, we don’t have that. So that’s 8 seconds in. I hope I don’t have to do another four minutes to debunk the next 8 seconds, but let’s let him continue.

Speaker C: He bowed his knee to the ground in reverence and kissed the Bible.

Speaker A: Ladies and gentlemen, we have a new record. 4.2 seconds for the next lie. He bowed his knee to the ground. Not true. No account of the inauguration says that he bowed his knee to the ground. None. Not even the urban legends. There are urban legends that say that he kissed the Bible. They are not in reliable sources. They even have it on Mount Vernon’s website. But they don’t have any sources. They don’t cite anything. They just assert it. So I have reached out to Mount Vernon website. They have a question area where you can submit questions, and I have asked them that question to say, hey, you say that he kissed the Bible. Can you please send me your sources for this? Because I can’t find any sources that cite any contemporary witness that says that this happened. We’ll see what happens. I’ll keep you updated on that one. Certainly they don’t have any sources for so help me God. They don’t say that on the Mountain Verdon website. Okay, so kissing the Bible, maybe we give that to him as, oh, urban legends, been around for a while. Um, even though there are no reliable sources but so help me God. And kneeling and all of that not true. The earliest account that we have of anybody saying that Washington said, so help me God is attributed to Washington Irving, who would have been six at the time of the inauguration. And the earliest he spoke about it or wrote about it was 60 years after the event. It’s not like he came home and told his parents and they wrote it down, or they wrote a letter to a pen pal or an aunt or a grandma and described this at the time. 60 years later, he decides to start saying, washington said, so help me God. Washington was a religious man. And note the records I’ve found say that he wasn’t at the inauguration. It says that he met Washington after the inauguration. His name’s Washington Irving. He was born when New, uh, York learned of the, uh, ceasefire that ended the revolution that ended the Revolutionary War, and he was named after George Washington. Washington Irving. Right. And we was six at the time. He was not at the inauguration. When I say not at he was not up there on the podium. He wasn’t going to see Washington. He met Washington after the inauguration, and he’s the one who’s saying, 60 years on. Oh, yeah, he said, uh, so help me God. I remember that now. Never mentioned it before. What’s more likely? All right, what’s more likely? That he was, uh, proud of his namesake or who he was named after, and he had some sort of religious beliefs and he decided to tell this story? He was a writer, a very famous writer, right. And he decided to weave a story about his recollections of the time and added this detail to either enhance the character or had sort of a vague sense that he wanted Washington to say this or that. He didn’t mention it at all, ever, for his entire life, until 60 years later, when he first started mentoring it, because he just had some sort of accurate insight that nobody else documented at the time. People on the stage, people who wrote all the letters to all their loved ones, recounting everything in details to what happened. Because keep in mind, there’s not much to do back then, right? You can read books, you can read newspapers if you could get them, and you could talk about politics, and politics was pretty heavy. This is, uh, the first in the world president. This is the first in the world. Pure democracy with an elected executive. It’s not like people just said, went to the inauguration today. So, anyway, the weather’s nice. No, this was historic, and everybody wrote it down in detail. And there’s no mention of this. There’s no mention. All we have is one rumor that’s been circulating the Internet for decades that he kissed to the Bible. That’s about it, right? So I’ll let you know what I hear back from Mount Vernon. To their credit, they replied right away it’s an automatic reply. But they say in their automatic reply, some questions may require a bit of research to provide the most accurate information available to us, which may take some time. We appreciate your patience. I do appreciate them. I like that response. So hopefully they will do the research and will be able to cite and prove that, uh, they are justified in saying that he kissed the Bible. So at most we have a rumor that he kissed the Bible. He didn’t kneel and he certainly didn’t say, so help me God. And he didn’t say God and he didn’t say Jesus and he didn’t say Christian nation. He didn’t say any of that. So we are now two lies in what, 12 seconds? Let’s see if we can keep up the pace.

Speaker C: Afterward, Washington called the senators and newly elected officials to join him. And they walked arm in arm down the streets of New York City’s chapel. There they bowed together, prayed and dedicated this land, our beloved America, to God.

Speaker A: So maybe one thing he said was true there, that Washington called the senators, the Congressmen, to join him, but almost assuredly everything else was a half truth or a lie. So what he’s trying to say, what he’s trying to portray, is George Washington with a halo above his head and the ghost of Jesus standing behind him, with Jesus’s hand on Washington’s shoulder, said, come, let us go and dedicate this land to God. We must go to a church and kneel and pray and all of that stuff. That’s not what happened at all. And we know this for sure because we have records. We actually can go and look at these. I will post this on my website@thecrossexaminer.net. But if you go and look at the records of Congress, and we have them from the time for, uh, the period in question, the days before the inauguration, we can see it is not Washington who says, let’s go to this church, although he may have said it technically at the time, like, hey, we’re done with the speech. Let’s go to the service. That is planned. But my point is, Congress planned this. Congress on Monday, April 27, is already in the middle of all these plans of what are we going to do? Oh my gosh, the President is going to come to the first time. Let’s make sure we get this right. And this is for the record, because this is going to matter later when we hear more of Copeland’s lies. This is on page 216 of the first volume of the Annals of Congress. All right? And it is dated April 27, 1789. We see a couple of things happen. One, they decide that in the future. What do they call it? I think they say Friday next, we will proceed by ballot to the appointment of a chaplain to Congress. When I made my appearance on the nonprofits. We talked about this in relationship to the Texas bills, about when has government been allowed by the courts to hire chaplains, and this is one of them, right? That congress hired a chaplain. And that’s an indication that the founders thought that well, that’s not a violation of the first Amendment, that it’s okay for governments to do this, because these people, these congressmen, were traveling days or weeks to get to New. Uh, York City at the time, and they thought it appropriate that they supply chaplain services for people of Congress because they’re uprooted from their town. They don’t have their normal pastor with them, so that’s okay. Same thing for the army, right? Same thing for prisoners, people that aren’t in their normal society and don’t have access to a chaplain services. So that’s what they did there, then. The record indicates that a Mr. Benson. I’m not sure who that is. I’d have to research that. I don’t remember that name off the top of my head. Hi. Editing examiner here. I looked it up. It’s Egbert. Benson. He was quite the, uh, person. He was the first representative from New York to Congress, as I just discussed. He was also the first Attorney General of New York. He was the Chief Justice of the New York Supreme Court, and he was the Chief United States Circuit Judge of the United States Circuit Court for the Second Circuit. So he’s a pretty, uh, important person. Back to the show, he says, Mr. Benson, from the committee of both Houses. So you have a committee that makes up members of the Senate and of the House of Representatives to decide sort of operational, like, how’s the building going to run, type of thing. That’s what that committee does. Reported as followeth literally says that, quote it appears to the committee more eligible that the oath should be administered to the president in the outer gallery adjoining the senate chamber than in the representatives chamber. And therefore I’m going to submit it was what he means to the respective houses, uh, the propriety of authorizing their committees to take order as to the place where the oath shall be administered to the President. The resolutions of Saturday assigning the Representatives Chambers as a place notwithstanding. Like, hey, we got together and talked about it, and I know that last Saturday we said it should be the Representatives Chamber, but we all agree that the Senate Chamber is better. So can we change that? This is what they’re doing, right? They are arranging the seating plan at the wedding. They are fiddling with, uh, the playlist before the guests show up. That’s what’s going on in Congress right now. And then after that, it says in, uh, some more stuff about appointing people to committees and stuff. There’s one section of one sentence that says, quote, an order of the 27th instance. I think they mean, um, proposal ah, number 27 that we’re going to address for the attendance of both houses with the President of the United States after the oath shall be administered to him to hear divine service at St. Paul’s Chapel, which was read and ordered to lie on the table. There’s a lot of lying on the table. Every section says, here’s the proposal. That proposal was read and it was ordered that that proposal lie on the table. They don’t have the Internet back then. They don’t have copy machines. They don’t have mimeographs, if you remember those. So they literally would take the piece of paper and order it to lie on the table so the members of Congress could walk up and read it if they wanted to. That was their World Wide Web, right? That was their Facebook. That was their TikTok. So this is what’s going on at the time. This is three days. This is Monday, 20 April, uh, 27th, three days before the inauguration. They’re like, we’re not sure about the room anymore. And oh, I think afterwards we should have service at St. Paul’s, not any other church. Like they’re picking a church to do the service with. It’s sort of a given that you’re going to have a service. So it’s Congress that says we’re going to do this. They’re the ones who decide we’re going to St. Paul’s. It’s not Washington, after he gives the inauguration that says calls them together and says, let us go unto St. Paul’s and dedicate this nation unto God. Not what happened at all. So I’m going to give him a 70, uh, 5% lie because he’s intentionally changing the story. Or he may be saying something that’s literally true. If in fact, Washington said, all right, we’re done with this talking. Let’s get to walking. If that’s what he was saying, then yes, he did call the people to go. I don’t have any record of that. I haven’t done a lot of research. These Rocket docket episodes are just headline comes on. It’s important to you. It’s important to me. It’s about Christian nationalism or skepticism or misinformation. And I want to get it out there to push back against this information because it might be going around the Internet right now. And boy, is it like Copeland. You got to see the video. I’ll put a link to the video up there. He’s wearing a jacket that is the United States flag. Remember that quote from a few episodes back? I said, when fascism comes to America, it will be draped in the flag and carrying a Bible, right? That’s what this Copeland guy is. That’s what the Christian nationalism wants is they’rewriting history, Allah. Orwell in 1984, they’re rewriting history and telling it to their audience. And their audience is eating it up to say, oh, yeah, this is a Christian nation. Washington knelt on the ground, kissed the Bible, said, so help me God. Then he called people together and marched down the street and chose this church to go in and dedicate the country. This is amazing. This is what we want. And Copeland. Is Deifying george Washington here? Let’s not get it wrong. Let’s listen to more of Copeland talking about what Washington did the day that.

Speaker C: George Washington was inaugurated. This was the day covenant was invoked.

Speaker A: No, it wasn’t.

Speaker C: America belong to God.

Speaker A: All my um, no, um, it didn’t. Now I just want to pause it here again. Uh, besides, you know, pausing it for my snarky remarks to say that’s a long applause. These people are standing on their feet. This is a tent revival. He’s speaking in some sort of outdoor event. He’s doing the old fashioned tent bible thump and preaching. And these people stand up and cheer this. They want to be told that this is a Christian nation. Why? Because they’re Christian. And if they’re told that it’s a Christian nation, it means it’s their nation. And all those people coming that aren’t Christian, they can get out. They can leave. This is my country. That’s how fascism works. There’s two books I would like. You’ve got homework? All right, I’m going to assign you homework over the next couple, uh, of months. There’s two books you need to read. If there’s two books I had in mind for you to read that are the theme of this podcast, the first one is by Andrew Seidel. You may have heard in my interview with Ryan Jane from the Freedom from Religion Foundation that he met Andrew Seidel while he was in law school, while Ryan was in law school. And that’s how he got involved with FFRF. Freedom from Religion Foundation. Well, he’s written books, and this is one of my favorite. Mr. Seidel wrote a book called The Founding Myth why Christian Nationalism Is Unamerican. That book, more than anything else, will help you push back against the rising tide of Christian nationalism. It is a factual account of everything that they get wrong. And unlike most claims and books written by Christian nationalists like Copeland here, it contains voluminous footnotes with citations to sources like lawyers do. So if you read only one book that I recommend, and I’m going to recommend a lot, because there’s a lot of books out there that are really good on this. But the founding myth why Christian Nationalism is Unamerican by Andrew Seidel. It’s got a foreword by, uh, Susan Jacobi and a preface by Dan Barker. Dan Barker is the founder of FFRF. The other book is a supplement, I guess, or a companion to that. It’s not literally one, but it’s called How Fascism Works the Politics of US and Them by Jason Stanley. This is a smaller book. It’s a faster read, but boy, is it powerful. If you read these two books, seidel proving that the United States is not a Christian nation and Christian nationalism is false. The fascist idea of Christian nationalism is false. And then read how fascism works. You’ll see, uh, how we are where we are today. How we push back and fight is really a matter of education. And that’s why the conservatives are going after our schools now, right? They’ve got the courts, they’ve got the Supreme Court now. They’re going after the schools because though they know that’s how you cut people off from reality. They want Mr. Copeland on stage saying this bullshit, and they want a passive zombie audience that will just nod in agreement, stand up in cheer, and not question it one bit, nor have the academic skills to go and look up something and read what actually happened. That’s what they want. That’s their dream. Fascist universe. Let’s continue it’s.

Speaker C: God abram Abraham, Isaac, Jacob became Israel, Jesus and George.

Speaker A: Remember earlier when I said that Copeland is trying to deify Washington? I wasn’t kidding. He just said it. He just did. The lineage of the holy men of the Bible, and at the end, he included Jesus and George. Those are the key figures in his mind. That there is a lineage from the beginning of time, from creation through to George Washington is now a holy man that is a Christian figure. Wow. Not only did he not is that not true? He doesn’t mention God, he doesn’t mention Jesus, he doesn’t mention Christianity in anything that Copeland’s talking about here at all. Uh, it’s just pure pandering, false pandering. And this is all they have. Like, if there were facts, he would be up there waving a piece of paper on the stage. Here it is. Here’s his diary where he talks about, yes, I am glad Jesus spoke to me. We are making a Christian nation. You don’t have any of that. We have a treaty of Tripoli that was ratified unanimously by Congress and signed by Adams, the second president of the United States, that says unanimously by every representative article 11 17 97, treaty of Tripoli. Quote, the government of the United States of America is not in any sense founded on the Christian religion, end quote. Again, unanimous approval of this language by every representative in Congress at the time 1797, signed by the President of the United States, John Adams. That’s what we have in the documentation. That’s why Christian nationalism is wrong. This is the official act that Copeland doesn’t want to talk about, right? This is where they address it and say, if anybody’s confused, let us clear up. That’s why they’re doing this in the treaty. They’re assuring the parties to the treaty to say, don’t worry. The government of the United States, again, quote, is not in any sense founded on the Christian religion, period. Close quote. Let’s listen to Copeland wrap things up after he has lied and then deified Washington.

Speaker C: This nation, particularly to Christian people, should be completely, totally based on what George Washington said to Jesus.

Speaker A: Wait, what? This nation, especially for Christian people, should be based entirely on what Washington said to Jesus. Am I getting that right? I’m all ears. What did Washington say to Jesus? Were they hanging out in the sauna? Was he like, hey, can’t get my horse through this bog on my way to Congress. Uh, could you part the bog a little bit for me there, Jesus? I don’t know, I have no idea what he’s talking about here. What did Washington say to Jesus? Because if anybody is with Copeland right now, first, could you do a safety check? And then second, could you ask him what he meant by this? Does he mean that Washington prayed to God and said something to Jesus? Do we have records of that? Do we have any writings that tell us what Washington said to Jesus? Let’s google it. What did Washington say to Jesus? All right, the first hit is again from Mount Vernon. There’s an article entitled George Washington and Religion. Let’s see what they say. Uh, first sentence. When studying the religious beliefs of George Washington, it is difficult to make absolute concrete conclusions. Depending on the sources examined, washington has been painted in different lights, ranging from deist to a believing Christian. No matter what precise conclusion is obtained, there are common facts surrounding his relationship with religion. Later on, it says, looking at Washington’s theological beliefs, they discuss religious like was he a member of the church and freemason and all that stuff. Looking at Washington’s theological beliefs, it is clear that he believed in a creator God of some manner, and seemingly one who was also active in the universe. This God had three main traits. He was wise, inscrutable, and irresistible. Washington referred to this God by many names, but most often in the name of Providence. So that to me, seems to negate sort of my assertion earlier that he was a pure deist. It sounds like he was maybe a, um, naturalist. A deist is somebody who thinks that God sort of set the clock m spinning, set the top spinning, and then doesn’t interfere God. Here we’re hearing that if it’s a common trait, if the Mount Vernon sites to be trusted, they seem to do their research, although they missed, I think, the one on kissing the Bible. Um, here they’re saying that he does believe that God is active in the universe to some degree, but he refers to it as Providence. And if I recall his writings and his speech, if you haven’t read it, his inauguration speech is really great. Um, not as good as his resignation letter after his second term. That’s like his best writing. But if you read his inauguration speech, he does hint at that sort of manifest destiny type of European domination mentality that, that’s still in, uh, play here. But here’s the thing. Just like right now, I got some new evidence and I’m altering my position a tiny bit, right? That this position is saying, well, he kind of believed that something was active. He called it Providence, didn’t call it Jesus, didn’t call it, god called it these all these different names. I’m, uh, willing to go and do the research, as I hope you are, and educate myself as to what was the reality. Kenneth Copeland is relying on his audience to not question a single goddamn thing he says. And that’s the difference. We need citizens who are skeptical. And let me define skepticism for listeners who think skepticism means not believing anything that couldn’t be further, further from the truth. Skepticism says, I don’t believe something until there’s sufficient evidence. If you believe things without sufficient evidence, you can harm yourself. You can be fooled, uh, or defrauded, and you can hurt other people. Look at my series on faith healing, right? So, uh, being a skeptic is a healthy thing. You apportion your skepticism to the claim, right? If you’re telling me that you just ate a tuna fish sandwich for lunch, I’m not going to think anything of it because I know that tuna exists. I’ve eaten tuna fish sandwiches myself. I know that they’re fairly frequently eaten for lunch. I know there’s a thing called lunch. And I know you I’ve got evidence that all that exists, and it’s not surprising. And it will do me no harm if I accept the fact that you ate a tuna fish sandwich for lunch. But if you tell me that you ate a tuna fish sandwich for lunch while flying on a flying saucer from Mars, now we’re going to have a different question. I’m not going to accept that. So I’m skeptical. I am a skeptic about your claim about eating a tuna fish sandwich, but I accept it. I believe it. I just don’t accept the UFO because I’ve never seen UFOs. And the physics of UFOs seems to indicate we’re not going to have any aliens visiting us ever due to the speed of light and other physics, and certainly not of Mars, which we’ve explored fairly well with our probes that pass by and our landers, and we don’t see any sign of life there. It’s possible that you ate a tuna fish sandwich on a UFO from Mars. It’s possible. I’m not saying you didn’t. I’m just not accepting it the same way. It’s possible that there’s a God and there’s a Jesus, and that Jesus. The claims about Jesus in the Bible were either partly or entirely true. It’s possible. I’m just not accepting that yet. That’s the proper way to go through life so you don’t get duped by people like Copeland. His audience is standing up like slobbering dogs, just lapping this up. I want to be told that I’m special. That’s what Christianity is all about, right? There’s a trillion stars in this galaxy and there’s a trillion galaxies in the visible universe, but you are special. God cares about what you do with your private parts and what you eat. That’s how special you are. You are the center of everything. So the Christian mentality is I am the center of everything and they need to be kept being told that Copeland’s doing just that. You are special. This nation was made for you. Anybody who’s coming in to try to take this away from us is wrong and it will justify things like we heard yesterday from Ken Christmas, who is part of Ken Copeland’s network and broadcasts on the same show, the same network here who said, I need people to lay down their lives. I need people to strap bombs to their chest. That’s the type of Christians I want in my corner. So you can see how one escalates to the other. Copeland’s not saying that, but the guy on his network is. Copeland primes them up and the other guy brings them home to go out and start blowing people up. Don’t think that they’re unrelated. You have to believe this manifest destiny, this Christian nationalism, this lie, in order to become devout enough, deluded enough, irrational enough to think, well, if I do it for God, I’m going to go to heaven. So give me the bomb. Let’s hear what he says next.

Speaker C: The First Act of Congress. Number one. The first act of Congress was to enter covenant with the Almighty God based on the Book of Genesis.

Speaker A: Again, utterly not true. I don’t know what the Book of Genesis has to do with anything, but the first act of Congress is very easy to find. Google the first act of Congress and you will find in the National Archives an image of the very first act of Congress. All right? This was the first bill, I believe, not just the first act to be signed by a president. It was the first bill introduced in the House of Representatives and was the first act signed into law by Washington. And it was an act to regulate the time and manner of administering certain oaths. Of course, that’s the first thing you need to do because why? The Constitution says you have to take an oath of office before you can do anything. So we better have an oath. So you might be sitting here going, oh, wait. Do they say under God in the oath? Does it say, I swear to Jesus this Christian nation I shall protect? Nope. The mandated oath is the following quote I do solemnly swear or affirm, as the case may be, that I will support the Constitution of the United States, period. That’s the first act of Congress. The first act of Congress says this is the oath that you have to take. Does it mention God? Nope. Does it mention Jesus? Nope. Does it say Protect the Christian state? Nope. Does it have anything to do with the Book of Genesis? Nope. So obviously an absolute lie on his part, but maybe he was saying the first thing they did that wasn’t like the first action they took. He didn’t mean what he actually said, which is how they always sort of squirm out of things. They say something that has a very technical, precise meaning, the first act of Congress. And then they squirm out of it. They say, Well, I didn’t mean act, I meant action. The first thing they did well, what was the first thing they did? Was it something to do with the book of Genesis and making a covenant? Let’s read the first page of the congressional report, shall we? I haven’t read it. I’m going to go look it up. I’m willing to bet it has nothing to do with making a covenant with God and uh, the book of Genesis. So let me pause and go look it up. Okay, I’m back, I’ve read it up. Uh, it’s actually kind of funny. Wednesday, March 4, 1789. This is in the same document I was citing earlier. The history of proceedings of the debates, the uh, annals of Congress, et cetera. The COVID page, right? The title page. Wednesday, March 4, 1789. This being the day fixed for the meeting of the new Congress, the following members of the House of Representatives appeared and took their seats from Massachusetts, george Thatcher, Fisher Ames, George Leonard, et cetera. Connecticut, Pennsylvania, Virginia, south Carolina. They list people from that. And then they say, a quorum of the members not being present. The House adjourned until tomorrow at 11:00. I don’t know why I find that so funny. It’s like, all right, brand new country, brand new Congress, brand new thing, important stuff, uh, ready to go. Nobody, uh, shows up. Now of course, this is because travel is uncertain back then. You’re traveling by horseback and carriage and who knows what. I’m not a history expert in that respect, but certainly that was going on. But yeah, that’s the first thing that Congress did. Now again, that’s not a first act, but let’s take a look. Uh, Thursday, several other members attended a, uh, quorum not being present. They adjourned from the day to day until the 14th instant. So they list every day who started showing up. Saturday, Tuesday, Wednesday, Monday. I love this. The following members appeared, to wit blah blah blah blah. No additional member appeared on the 24th. There we go. Wednesday, April 1, two other members appeared, forming a quorum of the whole body. It was on motion, resolved, that this House will proceed to the choice of a speaker by ballot. So, as far as the first action goes, if that’s what Copeland meant, the first action was to, uh, elect a speaker, period. Like, if what he meant was first act, then we know the first act was about an oath. That doesn’t even mention religion at all. If they meant first action, it was, let’s meet and meet and meet and waited for. It was March 4. It wasn’t until April 1 that enough people showed up. And the very first action they took was to vote on a motion to a, uh, choice of a speaker by ballot. That was their first action. So Copeland is lying, coming and going. He’s just wrong. I don’t know what the whole Book of Genesis thing is. I think he’s getting on in the years, but just throwing in Book of Genesis after everything he says to get people to cheer. So I hope you enjoy these. I build this one as a rocket docket and I’m looking at my time. I’ve been talking for like 45 minutes. You guys need to stop me. Uh, you need to do something and stop me from ranting into the void. I’m obviously going to edit this down, but I think it’s important. This is a perfect example of how people in this country will use lies and deceptions and half truths and lies by omission to garner a belief in the public that they are special because of their religion. And, uh that they should elect religious people and promote religious laws to try to shove everybody that’s not like them, that’s not part of their in group aside so they can feel special. A special little child of the universe. And when that happens, bad stuff starts happening. I have no problem with people having their own personal religious beliefs. Have at it, right? The problem I have is when your belief turns to an entity, a thinking agent, right? That you believe that there is an agent out there with a mind and that mind has a desire. The minute that your belief entails something that has a desire that you can’t prove exists, but you believe it’s out there and it wants something, that’s when things get dangerous. Because when you start believing that you have access to a super mind that wants you to do something, all of a sudden you can commit atrocities. Just like in my last episode from yesterday where the preacher was saying we need more Christians that are willing to strap bombs to their chest. Just like the guy we heard from outside the Trump rally that was saying we’re just waiting for a signal and we will make January 6 look like a playground. This is serious stuff. You can write this aside as being crackpots and cranks and Florida man on meth. But when you hear what these people are saying from Copeland who is laying the foundation to the minister that also appears on this network, that’s saying strap this bomb to your chest to prove that you believe in the gospel. We are facing dangerous times. So that’s why I’m going on in detail about this. I hope you enjoyed the conversation. Maybe I won’t bill it as a rocket docket or maybe I will have a good time all the time. I’ll see you next time. Book of Genesis.

Speaker B: This has been the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon.

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TCE Rocket Docket S01E11 – Pastor Wants Christian Suicide Bombers https://www.thecrossexaminer.net/2023/06/15/tce-rocket-docket-s01e11-pastor-wants-christian-suicide-bombers/ https://www.thecrossexaminer.net/2023/06/15/tce-rocket-docket-s01e11-pastor-wants-christian-suicide-bombers/#respond Thu, 15 Jun 2023 16:10:38 +0000 https://www.thecrossexaminer.net/?p=1944 I am starting a new type of segment called “The Rocket Docket.”  These will be shorter episodes discussing news of the day.Today, we listen to far-right Nashville pastor Kent Christmas tell his followers that they should be willing to “die for their beliefs” just like Muslim suicide bombers who “strap bombs to their chests.” I am...

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I am starting a new type of segment called “The Rocket Docket.”  These will be shorter episodes discussing news of the day.

Today, we listen to far-right Nashville pastor Kent Christmas tell his followers that they should be willing to “die for their beliefs” just like Muslim suicide bombers who “strap bombs to their chests.” 

I am not exaggerating.

Automated Transcript

Speaker A: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining taining jury duty you will ever do. And now it’s time for the Cross examiner.

Speaker B: Welcome. Welcome to the Cross examiner podcast. Today I’m starting a new type of episode. It’s a quick take type. I think I’ll call it the rocket docket. If you’re familiar with legal jargon, a court that hears a lot of cases where things happen kind of quickly is called the rocket docket. So maybe it’ll be the Cross examiner rocket docket. So these will be off the cuff, unscripted reaction and analysis of issues in the news that we are interested in religion, government, Christian nationalism, general skepticism, those sorts of things. I previously had an episode that was, uh, called Why We Care. So maybe this is going to be part of that. The Why We Care episodes were an answer to the question that we get all the time in the atheist community, especially for, uh, atheist activists. And the question is as follows hey, if you aren’t convinced that there’s a God, or if you think there is no God, then why are you so active? Why are you so angry? Why are you so vocal about religion? It seems like you really do believe in a God and you’re trying to convince yourself that it’s not true so you can go out and sin or some variation of that. Basically, why do you care? That’s the question we get all the time. And the answer is, we’ve got children dying across this country because of religious based medical neglect. We’ve got people in government trying to force their religion on our children. We’ve got people in Congress saying we don’t have to investigate climate change because God promised he would never flood the earth. I wouldn’t care if it was like stamp collecting, right? If people were just off in their corners collecting stamps on their own and not enforcing their stamped collecting beliefs on the rest of us, I wouldn’t give a shit. I wouldn’t have this podcast. But because people are threatening this planet, threatening my life, threatening the lives of my children, I felt compelled to speak out. We saw the beginnings of this threat, starting with the Obama era and culminating so far in the January 6 religious riot, which is what it was. It was a race riot. It was a religious riot. People who felt put out by the fact that a black man was elected president and all the surveys and studies show that this is what was going on felt like they were being replaced. You had Tucker Carlson on the air talking about the replacement theory, white replacement theory, which is the talking points of the Nazi party. That’s where we are as a country so today I heard something that compelled me to get online and tell you about it because it’s dangerous. What you’re about to hear is dangerous. So let me give you some setup. There is a pastor named Kent Christmas who is part of Regeneration Nashville. That is his, um, ministry. That is his church. I believe they are part of a larger set of ministries called Regeneration Nation. And he is, uh, one of these evangelical preachers who has created a church and got some good photo shoots so that he’s got lots of pictures of himself looking cool and friendly on his website. If you go to Regenerationnasheville.org, you can take a look at this. And of course, in the top menu, there’s multiple ways you can give them money. There’s a give item that we’ve seen on every church we visit. There’s also an online store and, uh, Destination Miracle, uh, uh, link that’ll talk to you about ways you can give them money when you come to donate, uh, for their projects, there’s lots of ways for you to give them money. Let’s put it that way. So this guy is well known for people who watch for right wing terrorists. Basically, this guy is a, uh, conspiracy theorist. He believes that Biden lost by 80 or 90 million votes. I mean, he’s one of these extreme, like, let’s see how far I can take this and have people still give me money. Um, there’s part of me that believes there’s a bunch of right wing influencers that have a secret back room somewhere where they’re like, I bet you can’t say this and walk away from walk away with people supporting you. I bet you can’t say that Biden lost by 80 million and still have supporters. And they go out there and do it, and nobody blinks an eye, right? So that’s this guy. He loves Trump. Of course, he’s a conspiracy theorist. He’s repeatedly declared that God will kill, start killing soon, wicked elected officials. He’s also, again, to the theme of my podcast, spread massive amounts of misinformation other than this election stuff. He has said that it is he’s told his congregants it is legal for up to 21 days after a birth, a full term birth, that you can kill a baby. That is an exact quote from this man. So this is who we’re dealing with. Well, today I saw a video of a sermon he gave two days ago. And I think I’m going to play it for you. I’m going to play the operative part for you. And then I’m going to tell you what he said, because he gets into that, uh, parachion, uh, style where he’s saying, uh, those words, uh, that way that people do when they want to, for some reason, sound passionate. Although I’ve always thought that just sounds a little silly. But I will play the video, and then I will tell you what he said so you can understand it. And I think just hearing this will make you understand how dangerous what he is saying really is. So here he is in his well produced sermon that he broadcasts around the world.

Speaker C: I am at war with evil. Hallelujah. This is one preacher that’s not backing down. I can tell you this. I will give my life for the gospel. You want to know why the Muslim faith has had its advancements? It’s because the Muslims were willing to die, uh, for their belief. They were willing to strap bombs to their chest. They believed in the afterlife. God, give us some men and women, uh, that’ll get a hold of some passion in their spirit that says, I will lay down my life for the Gospel. This same was born in blood.

Speaker B: So let me translate that for you. He said, quote, I am at war with evil. This is one preacher that is not backing down. I can tell you this. I will give my life for the gospel. You want to know why the Muslim faith has had its advancements? It’s because the Muslims were willing to die for their beliefs. They were willing to strap bombs to their chest. They believed in the afterlife. Here’s the most dangerous part. After saying that, he says, God, give us some men and women that will get a hold of some passion in their spirit and say, I will lay down my life for the Gospel. So he talks about Muslims strapping bombs to their chest because they were faithful and they believed in their afterlife. He talks about how he’s willing to die. And then he says, God, give us some men and women that will get a hold of some passion in their spirit and say, I will lay down my life for the gospel. Basically, God, give me some good Christians who will kill themselves, who will blow themselves up in terrorist acts for the Gospel. And then he concludes with, this thing was born in blood. This thing Christianity, this revolution, this rebellion, this insurgency, this terrorist organization, which is how they’re starting to conceive of themselves, perceive themselves as their religion dwindles and their power dwindles. They’re panicking. And it’s this type of stuff that we’ve been waiting for. This is the type of preaching that is so dangerous that we should be keeping an eye on this guy. And we are. The reason I found out about this is there’s an organization called Right Wing Watch. And they call to attention these sorts of speeches because this guy isn’t some country bumpkin with three people in some ramshackle church. This guy has very close ties to the Prophetic movement and the MAGA Christian nationalists. And he appears on programs like Flashpoint, which airs on Kenneth Copeland’s network. This is big time. And here he is saying, the Muslims do it right? They strap bombs to their chest. This is something called stochastic terrorism. That basically means it will induce an individual act that can’t be specifically predicted. This guy is not saying, you bob in the front row. Go make a bomb and go blow up this abortion clinic, or go blow up that library that’s having a drag queen come in and read to the kids. He’s not doing that. But we know that, statistically speaking, that if people keep talking like this, it is a near certainty that someone who’s listening to him will do this. Someone will say, this man is speaking to God. And God is saying he needs warriors. God is saying, I need to strike a blow for Christian faith and for good old family values. I’m going to do exactly what this man is suggesting. I’m going to make a bomb and I’m going to kill people. And in the history of the United States, if we’ve learned anything, is that when we have a domestic terrorist, it isn’t always just one guy killing an abortion doctor or going in and shooting up a synagogue or a temple. It can be much, much worse. Take a look at a man named Timothy McVeigh. If you don’t know who he was, he was the guy who blew up the Alfred P. Murra Federal Building in Oklahoma City in 1995. I believe it was, yes, 95. This guy was a veteran and a conspiracy theorist. And he cited the same passages and the same philosophy that many of these Christian nationalists cite today. To be clear, he was not a Christian nationalist. He was a conspiracy theorist. Uh, at heart, he was somebody who hated the United States government because he had been in war. And he took a particular view on the Waco and Ruby Ridge incidents. And to get an idea of what was in his mind, he was radicalized and disassociated himself from his previous friends. He wrote his friend Steve Hodge a 23 page farewell letter in which he said things like the following I know in my heart that I am right in my struggle, Steve. I have come to peace with myself, my God, and my cause. Blood will flow in the streets, Steve. Good versus evil, free men versus socialist wannabe slaves. Pray it is not your blood, my friend. This is the type of radicalization that happens when you listen to preachers like this guy who are telling people the Muslims are doing it right because they’re strapping bombs to their chest. Well, Timothy McVeigh created a whole truck full of explosives and blew up an entire building. He killed 168 people, which included 19 kids that were in a daycare center on the second floor. 684 other people were injured. And to give you an idea of the people we are dealing with, he was wearing a T shirt when he got arrested. And that T shirt had a picture of Abraham Lincoln on the front with the motto, Six semper tyrannis, which means, Thus always to tyrants. This was the phrase that John Wilkes Booth shouted after he had shot and killed Lincoln, thus always to tyrants. On the back of his t shirt, he had a picture of three blood droplets and the Thomas Jefferson quote. Quote, the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. This is the t shirt that he was wearing when he got arrested and pictures of it were all over the media. This is the fact that has always blown my mind about our country. The day after he was arrested for killing 169 people, including 19 kids, the company that sold that t shirt, sold out of that t shirt. Think about that. This is how long this has been going on. This is obviously that Jefferson quote we still see today at Trump rallies this threat of civil war. That quote I had in my last, uh, episode by Kerry Lake, who said, if you’re going to come after Trump with this indictment, you got to get through me and millions of other Trump supporters, and we are all members of the NRA. This is the language of civil war. This is the language of domestic terrorism, of political violence. So when we have this preacher saying the Muslims strap bombs to themselves, he doesn’t say it, but included in parentheses and go kill people through terrorist attacks. And that’s a good thing. And oh Lord, I wish somebody would send me some good Christians who would have that passion and lay down their lives. We know that over time we are going to get more Timothy McVeigh’s. And it may not just be a bomb, like I said on his chest. It may be a whole truck. It may be another daycare. It may be your children that don’t come home from school one day, because this pastor is out here telling his flock and telling everybody listening online, the Kenneth Copeland Network. It’s a good thing when people die for their religion and take a bunch of, uh, evil, devil worshipping federalists with them. So the question from my perspective, from an attorney perspective, is what can we do about it? This will be protected speech. This speech will be protected by the First Amendment. The government cannot go in and arrest this guy. If we went in and arrested him and said, hey, we are locking you up because you said these things, that is a violation of the First Amendment. There was a case called Brandenburg versus Ohio from 1969. It was a Supreme Court case in which the court held that the government cannot punish inflammatory speech unless that speech is, quote, directed to inciting or producing imminent lawless action. That’s the key phrase and is likely to incite or produce such action. So you need two things. The speech is directed to inciting imminent lawless action. It is somebody saying, hey, put this bomb on you and go over there and blow up that school. Or more realistically, hey, march over to that capitol building and stop this fake election. That’s imminent lawless action. It’s going to happen right now. But you also need something else. It can’t just be directed to doing this. It has to be likely to incite or produce such action. So if I say, hey, uh, accountants of the world, rise up over the lack of staples in our staple gun and go and kill the manufacturers of the staple guns right now, the likelihood that people are going to do that, obviously is subjective. Like, if I’m the leader of the National Association of Accountants, maybe it’s more likely that they’ll follow me. But if I’m just some guy on the Internet, it’s very unlikely. I am still directing you to go and do something, uh, uh, illegal, some imminent lawless action. But the likelihood that it’s going to actually produce such action is so low, I probably would be protected speech. So the question is, is this preacher, is he directing imminent lawless action? No. He’s not saying, you strap on this bomb and go kill somebody. Do we know, statistically speaking, that this sort of speech will eventually produce people who will do these sorts of things? Yes. And that’s where there’s a bit of a disconnect when you’re, uh, an advocate for the First Amendment, there are a lot of lines that you have to draw. There’s a lot of gray area. We do regulate and prohibit a ton of speech in this country. You are not allowed to give medical, uh, advice if you’re not a doctor, right? You’re not allowed to practice medicine. You’re not allowed to lie about your product. You’re not allowed to divulge secrets, Mr. Trump. You are not allowed to lie about somebody else to their detriment. There’s a lot of ways we regulate speech. We like to think, uh, free country, we’ve got absolute free speech. No, we don’t. We really don’t. We have some of the best free speech available on the planet, that’s to be sure. But don’t get fooled by those who say you can’t regulate any speech. I’m not advocating for regulating this guy’s speech, but it’s a useful test case to see where you fall on the spectrum. But this is a tough area, because if we were to arrest this guy and hold that the Constitution allows us to lock this guy up, we might think that in the immediate case that that’s a good thing. But in the long run, that’s a hammer that you give to every one of your opponents. That’s a hammer you give to the Trump administration if he gets elected again. And you can bet they will use it. And anytime you create a rule that is subject to interpretation, sooner or later the interpreter will be somebody that you don’t agree with, and they will bend and even snap any reasonable definitions to come up with a decision where they can use that tool against you and beat you with that hammer. So the court has wisely said, we’re going to draw the line at imminent. It’s got to be imminent lawless action. If it’s not imminent, then the speaker isn’t the problem. The problem, if something happens, is with the listener. That’s the part to remember. That’s sort of what Brandenburg versus Ohio is really about, in my mind, is at what point do we stop blaming the speaker and start blaming the listener? Now, we can still blame the listener. If he said, hey, you put on this bomb and go blow up that building over there right now, yes, if that person did it, they’re a murderer. But we can also punish the speaker because he directed this person to do it. But if he says it would be nice if sometime in the future somebody did this, that’s opinion, right? He’s expressing his opinion, and we expect rational, reasonable people to disagree with that opinion. And that’s why we do podcasts like this, is to call him out as soon as he says this and say, this is wrong. And quite frankly, it’s not Christian. I think all my Christian friends would agree this is not Christian. I would expect within the next several days, every major Christian organization should come out against this guy. This is abhorrent. This is promoting terrorism, domestic terrorism. And let’s be clear about the context here. The FBI, for years, ever since Obama again, January 6, was a race riot and a religion riot. Ever since Obama, we have been aware that Christian nationalism, radicalized Christian nationalism, is the number one domestic threat in this country. There are terrorists trying to figure out how to blow up the next building, how to do the next January 6. Here is a Trump supporter who was interviewed outside of the courthouse when Trump was being indicted this week for 37 counts of federal criminal behavior.

Speaker D: Well, if he gets indoctrinated, january 6 is going to look like a playground. It’s going to look like a playground from the inside voices that I hear from all the militias and everything else. It’s going to be a playground. But if they want to fight, bring it. This country is so left right now, but we got to bring it back to the right. We got to get right on the right path. We got to bring everything back. If we don’t, we’re going to crumble. We’re going to be a third world nation. We have to stand up for that flag. We have to stand up for our beliefs, and we got to put God back in this country. If we forget about Him, he’s going to forget about us. And right now, we’re forgetting Him, and we’re forgetting Israel. We forget both of those. Read your Bible. Read your Bible, because there’s a lot of boys like me that are ready. All we need is an order. We’re ready.

Speaker B: All we need is an order, and we’re ready. This is the powder keg that is the Christian nationalist terrorist movement in United States. Let’s ignore the fact that he said, if Trump gets indoctrinated, then we’re going to rise up. I thought that was ironic to the nth degree on so many levels, but you kind of need somebody that ignorant. And meanwhile, earlier in the interview, he claimed to have been a federal agent for 19 years and that his antifa was spitting on his daughter and all these sort of things like, cool story, bro. Right? And then he says indoctrinated instead of indicted. And he said earlier, uh, after he told the antifa story, he said, we were told we had to refrain ourselves. That’s who we’re dealing with. A man who believes that this country is so far left that it’s going to crumble. These are the people that this preacher is talking to. This man is ready to snap. He believes that his government is gone and that all he’s waiting on is a signal. And we will, quote, make January 6 look like a playground. So what can we do about it? Right? We can’t arrest the preacher because he is not promoting imminent lawless action. We can’t arrest this guy who said, we will do something in the future. Again, he’s talking about the future. He’s not talking about a conspiracy at this point, although he hinted at it. From what I’m hearing on the inside, all these militia people were just waiting for a signal. One could possibly say, if I’m a prosecutor, that’s enough to ask the FBI to start researching this, because depending on the facts, you might already have a conspiracy. So you might have reasonable suspicion to believe that there is ongoing criminal activity. So you could start investigating this guy, but you can’t really investigate even the preacher until he crosses some other sort of line, right? You can’t investigate legal behavior. We don’t want the government going in and saying, all right, I don’t have any reasonable suspicion that any crime has been committed, but I’m going to investigate you to see what I find. That is not allowed, and we don’t want it to be allowed. You don’t want the opposing party to get into power and say, oh, I don’t like what you’re saying on your podcast. I’m going to investigate you. Here’s a search warrant for your house. Let me find what I can dig up. That’s not a country we want to live in. That is a country that the Christian nationalists want to live in. There’s this fantasy that every fascist has that no matter how incompetent they are, like the guy we heard in this video, that they are somehow going to be part of the ruling class when the fascists take over, that they will somehow be the boot owner and not the boot liquor. And history has shown us that they end up suffering just as much. That’s the saddest part about it. Um, probably not the saddest part. The saddest part is that people anywhere would consider this a good way of creating, uh, political change. But a very sad part about it is that these people have not cracked history books. They can’t be self reflective. They can’t analyze and say, wow, I am espousing fascist beliefs here. And history teaches us that when a fascist regime takes over, everybody suffers. Everybody is very nervous. Everybody is now subject to state inspection and loyalty tests. And show me your papers. That’s where this guy’s philosophy would go, and he doesn’t even know it. So I just wanted to bring this particular speech that happened yesterday to your attention, because it is the most dramatic example I found to date of somebody advocating terrorism in the United States while walking a line that stays on the legal side of things. And again, not a country bumpkin, not some fly by night guy in a rundown little building that has a webcam. This is a major production. He appears on the Kenneth Copeland Network, which shows around the world, and he’s saying, we need Christians to strap bombs to their chest and start blowing things up. That’s what we know. He means, we all know that. So be aware. Support right wingwatch.org. Support freedom from religion@ffrf.org, and write to your congressman, call them and say, this is very concerning. This needs to be investigated. We need to consider what we can do on a legislative front, on a policy front, to push back against the domestic terrorists that are inspired by Christian nationalism and all the misinformation that’s running with it. I hope you like this. These are going to be unscripted, off the cuff, quick. I think I am going to call it Rocket Docket, a quick take on something that’s very urgent. So thank you for listening. If you have any feedback or comments or anything that comes up, if you see something that would be good for the Rocket docket, please email me at ideas@thecrossexaminer.net. I’ll see you next time.

Speaker A: This has been the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon.

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The Cross Examiner Podcast S01E10 – Meese Reborn (Or “What’s up with the Trump Indictment?”) https://www.thecrossexaminer.net/2023/06/14/the-cross-examiner-podcast-s01e10-meese-reborn-or-whats-up-with-the-trump-indictment/ https://www.thecrossexaminer.net/2023/06/14/the-cross-examiner-podcast-s01e10-meese-reborn-or-whats-up-with-the-trump-indictment/#respond Wed, 14 Jun 2023 19:19:47 +0000 https://www.thecrossexaminer.net/?p=1882 What do Edwin Meese and the (latest) Trump indictment have in common?  The answer may surprise you!In this episode, I read an unpublished essay of mine from 2020 that has suddenly become relevant again due to Trump's latest indictment.  Fair warning, you will find no ranting about religion in this episode.  Instead I focus on...

The post The Cross Examiner Podcast S01E10 – Meese Reborn (Or “What’s up with the Trump Indictment?”) appeared first on The Cross Examiner.

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What do Edwin Meese and the (latest) Trump indictment have in common?  The answer may surprise you!

In this episode, I read an unpublished essay of mine from 2020 that has suddenly become relevant again due to Trump’s latest indictment.  Fair warning, you will find no ranting about religion in this episode.  Instead I focus on my theme of people in power spreading misinformation about the legal system and government in order to deceive the public.

Link to Hitchens Demolishing Meese: https://www.youtube.com/watch?v=BJFMRYTaJSI

Experts Agree! Meese Is A Pig
Experts Agree! Trump Is A Pig

Automated Transcript

Speaker A: What’s the difference between a good lawyer and a bad lawyer? A bad lawyer makes your case drag on for years. A good lawyer makes it last even longer.

Speaker B: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner.

Speaker A: Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States, as well as the massive amount of misinformation that’s powering that rise. I started this podcast to both entertain and educate and give you the tools to push back against that information. Today, I’m going to be doing something a little different. I’m going to be reading an essay I wrote about three or four years ago that never got published. I think it’s a perfect example of a discussion that we need to have about those in power lying to us in order to get what they want, which is one of the themes of this podcast. Hey there, editing examiner. Here just a quick note to people who are only interested in religious based content. This episode is not for you. This is more about the legal system and the theme that I have in my podcast about people empower misleading people with misinformation. So it’s about skepticism, and it’s about modern political issues as they relate to the law, but it’s not necessarily about religion. So with that said, back to the essay. It also ties to something that happened in the press today. But I’ll talk about that at the end. So you’ll forgive me if you detect sort of a, uh, reading style, but that’s what I’m going to be doing. I’m going to be reading this essay. So I hope you enjoy, and we’ll discuss at the end. Here we go. The essay is entitled Meece Reborn. Never Attempt to Teach a Pig to Sing it wastes your time and annoys the pig. Robert Heinlen. Anyone who lived in the Washington, DC. Area in the late 80s likely remembers a poster that started popping up seemingly everywhere near the end of 1987. Printed in primary colors with mixed fonts and evoking, a Madison Avenue print ad of the pop art poster declared, experts agree Mese is a pig. The big question of the time was not why someone would call Edwin Meese, Attorney General under President Reagan, a pig. That had been well established by the time the posters started appearing. No, the big question was, who did this? This was a time before ubiquitous personal computers, photoshop, and print on demand. Who had designed these posters? Who paid to have them printed? Who secretly hung them all around DC. It was a 1987 version of Banksy. The bluntness of the statement was provocative at the time. The simple pop art elements in the 60s styling were eye catching. It played into the nation’s zeitgeist of the moment. But the fact that it was done anonymously created a mystery that changed it from a one and done local interest news blurb to a recurring story that spawned a fanbase following and caused discussions on Sunday talk shows. News outlets such as The Washington Post and AP ran many pieces related to the posters, reporting on stories such as the Mystery of the Poster’s authorship. T shirts with the slogan printed on it were selling out due to massive demand. How the burgeoning Washington, DC. Hardcore punk rock scene, considered one of the United States earliest and most influential punk scenes, helped spread the posters. The ACLU threatening suit when a bicycle messenger was denied access to Mises Justice Department building because the messenger was wearing such a T shirt, and the police and FBI questioning ticketing and even arresting people in relation to hanging and pasting the posters on public land a footnote here. There’s a great line in the story about the ACLU threatening to sue the Justice Department for kicking out the bike messenger. So he’s wearing the T shirt, right? He’s wearing this T shirt that says Meese is a Pig. And the line from the story says, quote, the experts manning the entrance at Justice Department decidedly did not agree about the allegedly poor sign nature of their boss, attorney General Edwin Meese II. Allegedly poor sign nature. Just had to throw that in there. Okay, back to the essay. Meese is a pig was, in short, a thing. But why? To understand that, we must review a bit of history. By that summer 1987, meese had spent nearly 25 years in public service, dating to 1958. His jobs had ranged from working in California’s District’s Attorney’s office to Chief of Staff for then Governor of California Ronald Reagan to eventually being appointed Attorney General of the United States by President Reagan. In 1985, a, uh, mere two years before the Meese is a pig posters started making their appearances. During this time in public service, meese had created a reputation for himself, much of it quite negative, in fact. For over a year, in the run up to Meese’s approval as attorney general, democrats repeatedly accused Me of unethical conduct. Archibald Cox, who had been a special prosecutor in the Watergate affair, issued a report to the Senate in which he concluded that Mies lacked, quote, ethical sensitivity and was blind, quote, to abuse of position, an opinion that would prove to be all too true. Nevertheless, the Senate approved him by a margin of 63 to 31 at the time. This was the lowest margin of approval of any attorney general since the 1920s. By the time the misesapig posters started to mysteriously appear, the public was learning the details of the Iran contra conspiracy and the related cover up Iran contra had originated seven years earlier, in July of 1981, when a group of senior Reagan administration officials decided to secretly sell weapons to Iran, initially with the intent of trading arms for hostages, and later with the intent of using the resulting money to fund the contras. A loose group of right wing rebel groups that sought to overthrow the Nicaragua government. Understanding Iran Contra is essential to understanding the mis is a pig posters. There were three main problems with what the Reagan officials did. First, it was, and still is illegal for the US. To sell weapons to Iran. In November of 1979, Iranian students invaded the American Embassy in Tehran. They took 52 Americans hostage and published confiscated United States documents by the boxful. This was part of the Iranian Revolution that established the strict theocracy that remains in place to this day. As a result, President Carter imposed an arms embargo on Iran. So that was problem number one. Selling arms to Iran was illegal. The second problem with the plan was that it would have been massively hypocritical and politically embarrassing for the Reagan administration to sell arms to Iran. Ever since the United States enacted the embargo, us. Diplomats and Foreign service personnel had worked behind the scenes to convince other countries to join in. By the spring of 1983, the United States had launched Operation Staunch. Operation Staunch was a global diplomatic effort by the United States to persuade other nations around the globe to never sell weapons to Iran, whom the United States painted as a terrorist state that would use such weapons to destabilize not only the region, but the world. It was a moral imperative, we explained to every other nation, to prevent Iran obtaining advanced weaponry at all costs. Any nation that would not agree to this was morally lacking and would be ostracized by all right thinking countries in the world we lectured. So that was problem number two. If discovered, such arm sales would severely damage the United States ability to influence other countries for generations to come. The third problem with Iran Contra was that it was illegal to fund the Contras. The world had learned that the Contras used terrorist tactics and regularly committed numerous human rights violations in their attempts to overthrow the Nicaraguan government. As a result, Congress had banned all US. Funding of the Contras in a set of amendments called the Boland Amendments. The first Boland Amendment was attached to the Defense Appropriation Act of 1982, which passed unanimously in the House, 411 to zero. Reagan signed the bill into law on December 20, 182. From that point forward, it was illegal for the United States to fund the Contras in support of the overthrow of the Nicaraguan government. So, to sum up, selling arms to Iran was illegal. Selling arms to Iran would massively undermine the trustworthiness of the United States on the world stage, and funding the Contras was illegal. As we all know, senior Reagan administration officials decided to move forward with their conspiracy anyway, knowing full well that they were violating their oaths of office, committing multiple felonies and weakening America’s position in global politics. In the process. In toto the conspiracy resulted in nine different arms transactions that we know of, netting tens of millions of dollars that were funneled to the Contras and the release of several Iranian held hostages. The plan came to an abrupt end on November 3, 1986, when Medi Hashemi, a, uh, senior official in Iran’s Islamic Revolutionary Guard Corps, spilled the beans in an interview with the Lebanese magazine Ash Shira. Some people believe that the original source of the information was a leak orchestrated by Arthur S. Moreau, Jr. Who was assistant to the Chairman of the United States Joint Chiefs of Staff. He was concerned, as the stories go, that the conspiracy had grown too big and was out of control, and he leaked the information to Iran so that it could be exposed by this foreign power. The support for that version of the story is not definitive. Let’s just put it that way. One thing led quickly to another. A presidential commission led by Senator John Tower was formed to investigate the conspiracy. Congress also ran investigations. It was discovered that Colonel Oliver North had shredded massive amounts of documents to cover up the extent of the conspiracy and protect President Reagan. Eventually, President Reagan was forced to admit in a nationally televised speech from the Oval Office that he traded arms to Iran for hostages. This is where we return to the Mies is a, uh, pig posters. Mies was United States Attorney General during the Iran Contra investigations. During those investigations, Mies himself was investigated for his involvement in the COVID up. The issue at hand was that instead of conducting a proper criminal investigation on behalf of the people of the United States, it became evident that Mies had focused on limiting the damage to and the criminal exposure of President Reagan. Mies initiated his own three day sham investigation on November 20, 180. The committees investigating Iran Contra would later criticize meece for, among other things, failing to protect National Security Council documents that were later altered or destroyed by Oliver North, failing to take any notes during his interviews, and for claiming falsely, at the end of his quote, investigation that Reagan did not know about a November 1985 Hawk missile shipment to Iran until February of 1986. This last one, lying to cover up for Reagan, has extra importance. The independent counsel noted that this error was part of a greater pattern of omissions by Mies to protect Reagan. If Reagan knew of any illegal arm shipments and failed to report them to Congress, he could face criminal charges. As a result, when investigating whether Reagan knew about the sale, meese never actually asked Reagan if he knew about the sale. I’m going to break here a minute and emphasize this. I wrote that in italics for the essay. But your investigation was as to whether Reagan knew about the sale, and you never asked him if he knew about the sale? This is investigation 101. Sorry. Getting on with this. Secretary of State George Schultz even told me on November 22 that Reagan had admitted to knowing of that shipment in advance, but Meese ignored him. Finally, on November 24, the third day of Meese’s investigation, he met with several officials, including President Reagan, vice President George Bush, george Bush senior and Secretary of Defense Casper Weinberger. At that meeting, Meese stated that the shipment in question may have violated the law. Quote, but the president did not know. It was shown that Meese, Reagan, Regan, Schultz, Weinberger, Bush, and Poindexter, all high ranking officials all had evidence that this was false at the time that this statement was made in this meeting. Thus, Meese was lying to protect the president. No charges were ever filed against Meese because prosecutors were unaware of M. Meese’s false statements in the November 24 meeting until six years after their investigation had closed. By that time, too many witnesses had followed Reagan’s lead to fail to recall details, and prosecutors were concerned that they would not be able to convict Meece if they went to trial. This is the main context of the Mese Is a Pig posters in 1987, six months after this sham investigation that attempted to hide facts, distort the truth, and subvert justice all in the name of protecting his longtime friend and employer, Ronald Reagan. This is why the T shirts were selling like hotcakes. This is why document couriers were appealing to the ACLU to protect them when they had their First Amendment rights violated simply for wearing the T shirts. This is why young punk rock musicians felt compelled to risk prosecution by covertly hanging the posters. All around DC. People were finding out the extent to which the Attorney general had covered up, lied, and conducted a purposefully incompetent investigation to protect a president who thought he was above the law. People were upset to think that even after all that we had learned from Watergate, the United States had yet another Republican attorney general committing crimes to protect another Republican president from criminal prosecution. Over the subsequent years, 14 people were indicted in relation to the Iran Contra conspiracy, eleven of which were convicted. Some convictions were vacated on appeal due to technical reasons, but six of the highest ranking conspirators never faced justice for their crimes. Instead of facing time for breaking multiple laws, lying to investigators, or destroying evidence to cover up their crimes, they were instead pardoned by President George H. W. Bush on December 20, 492, six years after the Mies Is a Pig posters helped draw national attention to the extent of Mies’s complicity in cover up inside the Reagan administration. The fact that Bush issued the pardons on Christmas Eve was lost on no one. You see, during the Iran Contra investigations. Then Vice President Bush had also been implicated in the conspiracy. Independent counsel Lawrence Walsh, who had led the investigation into Reagan officials criminal conduct in the Iran Contra scandal, noted a pattern of, quote, deception and obstruction by Bush, Secretary of Defense Casper Weinberger and other senior Reagan administration officials in relation to the Iran Contra investigations. But because Weinberger kept winning fights to delay his trial, and because he refused to testify in the trials of others, there was little evidence available to pursue charges against Bush. Thus, on Christmas Eve 1992, upon hearing of Bush’s pardons, which included, of course, a, uh, pardon for Casper Weinberger, independent Counsel Walsh said, quote, The Iran Contra cover up, which has continued for more than six years, has now been completed. Now, while this was the main context of the Mies is a pig posters from 1987 to 88, there was also a deeper context at play. A context in which Mies was not just a liar and a conspirator, but a bully and a thug with blood on his hands. You see, 20 years earlier, in the spring of 1969, students at UCLA Berkeley had converted a derelict plot of land on campus to a public park. People’s park, as it came to be known, was used by students and local residents. Local merchants even expressed their gratitude for the community’s effort to improve the rundown area, while the university expressed a desire to convert some or all of the land into a sports field. Chancellor Roger Haynes promised a three week period of discussions with the students and that no construction would begin without fair warning. All of that was ruined on May 15, when California Governor Ronald Reagan cracked down on what he saw was the student takeover of public property. Describing Berkeley as, quote, a, uh, haven for communist sympathizers, protesters and sex deviants, reagan sent California Highway Patrol and Berkeley police officers into People’s Park at Berkeley to force all students out of the park long before the promised three week negotiation period had ended. This caused a crowd of over 6000 students to gather to protest the harsh police reaction to what had been very peaceful assemblies and negotiations up until that point. At the time, Meese was Governor Reagan’s chief of staff. An army veteran, he had long despised protesters due to their antiviettm war and, quote, hippie sentiments. On the day of the protests, Mies assumed responsibility for the governmental response to the People’s Park protest. Under Mees’s direction, officers in full riot gear obstructed their badges to avoid being identified and attacked the students with nightsticks and eventually shotguns loaded with buckshot the same size as 38 caliber bullets. The police, not satisfied with shooting running protesters in the back with shotguns, decided to shoot at people simply watching from the rooftops. That day, police shot and killed James Rector, a young man who was visiting friends in Berkeley and who was peacefully watching from the roof of Grandma Books bookstore. Carpenter Alan Blanchard was permanently blinded by a load of birdshot fired directly to his face by police. In all, at least 120 Berkeley residents were admitted to local hospitals for various police induced injuries, including head trauma, shotgun wounds, and broken bones. The actual number of seriously wounded was likely much higher because many of the injured did not seek treatment at local hospitals to avoid being arrested. This was a time before the advent of cheap video cameras that everyone could carry in their pockets and use to record police activity. So the police got away with it. That evening, Meese advised Reagan to send 2700 National Guard troops into Berkeley against the wishes of the Berkeley City Council, who voted against such a measure. Eight to one. In a truly nightmarish scenario, and in a foreshadowing of the Meese is a pig posters, berkeley City police officers were discovered to be parking several blocks away from the Annex Park, removing their badges and donning grotesque Halloween type animal masks, including pig masks, to attack citizens they found in the park. Think about that. A, uh, year after the People’s Park incident, governor Reagan defended his decision to put Meese in charge and use the California National Guard to quell Berkeley students attempt to negotiate with the university over the park they had created. Quote, if it takes a bloodbath, let’s get it over with. No more appeasement. Close quote. In short, Meese, the eventual Attorney General of the United States, sent police and military troops in riot gear and some in literal pig masks into a school where unidentified police and soldiers killed, maimed, and injured hundreds of protesters at an event that had been up until the moment the police arrived. Peaceful. Combine this history with his cover up of Iran Contra, and you start to get a better understanding of why the Mies is a Pig posters were so impactful. But no discussion of mis is complete without exposing his totalitarian and hypocritical views by reviewing his objection to the Miranda ruling by the Supreme Court. Yeah, that ruling. Prior to the Supreme Court’s opinion in Miranda versus Arizona, anyone arrested by the police could be questioned without being told that they had a right to remain silent or that they had a right to an attorney, even if they couldn’t afford one. Police regularly used tactics to trick people into false confessions for crimes they did not commit. The Supreme Court opinion requires law enforcement officers to read you your rights before questioning you. In 1985, Meese was asked if people questioned by police should know their rights. Meese replied, and I want you to listen to this quote very carefully. Quote, suspects who are innocent of a crime should but the thing is, you don’t have many suspects who are innocent of a crime. That’s contradictory. If a person is innocent of a crime, then he is not a suspect. Meese said this in 1985 while he was attorney General of the United States of America one short year before he organized his sham investigation to help cover up the Iran Contra conspiracy for President Reagan. Let’s read that again. Suspects who are innocent of a crime should but the thing is, you don’t have many suspects who are innocent of a crime. That’s contradictory. If a person is innocent of a crime, then he is not a suspect. This is again the attorney general totally obliterating the concept of innocent until proven guilty of all these events. His Iran Contra cover up, his role in the deaths and injuries of peaceful student protesters, his views that innocent people are never suspects played into why Mies is a pig had become such a big deal in the summer of 1987. Mies had a history of abusing power in an authoritarian manner to further his view that those who are in charge must be obeyed and are themselves above the law. But Mies is a Pig was also bigger than just Mies. It reminded people that there are, in every generation, people who will betray the trust we place in them in the worst way possible by using the power we grant them to facilitate and cover up crimes perpetrated by other powerful people and to violently suppress the free expression of ideas that they do not agree with. Mises a pig was a warning that we must remain vigilant and prevent such people from gaining enough power to hurt us in any significant manner. Mies was a pig, yes, but so were many other people in the Reagan administration, and we need to always be on the lookout for them in the future. This was the message of Mies Is a Pig to those of us who grew up in the DC. Area at the time. Now, fast forward to last month editorial note. I wrote this several years ago during the investigation into Trump’s ties with Russia. Fast forward to last month when the New York Times reported that Trump’s former Attorney General, William Barr, pressured special Counsel John Durham, possibly even conspired with him, to mislead the public about the Justice Department inquiry into Trump’s ties with Russia. Instead of following the evidence where it led them, they and their teams sought to find flaws in the Russia theories in order to protect Trump. In other words, Barr was more concerned with covering up the potential crimes and misdeeds of President Trump instead of doing his duty to investigate criminal activity. We have previously heard Attorney General Barr spin the motivations of a president who issued pardons to cover up his own crimes and to reward his conspirators. We have witnessed Attorney General Barr duck and dodge when questions about his use of violent secret police none wearing pig masks this time against peaceful protesters he disagrees with, while ignoring the gun carrying violent protesters he does agree with. Seeing all of this, we should all be reminded of the Mise is a pig directive to always be on the lookout for the next meece. Were that the end of the story, it would surely be enough. But surprisingly, there is an even closer tie between the Mies Is a Pig poster and former Attorney General William Barr. In this case, the tie lies in the area of presidential pardons. Normally, presidents don’t pardon people on a whim. Normally, there’s a process that takes place that involves deliberation and discussion with senior administration officials. That discussion almost always involves advice from the Attorney General of the United States. The discussion that George H. W. Bush had surrounding his pardon of Casper Weinberger to protect himself from any dirt Weinberger might have on him also involved the attorney general at the time. And wouldn’t you know it, the attorney general who advised Bush to pardon a potential co conspirator was none other than William Barr. That’s right. The same attorney general who recommended Bush pardon Iran Contra conspirators as a Christmas Eve gift in order to protect himself this week has been yet again exposed as continuing to secretly and sometimes outrageously, obviously attempt to cover up President Trump’s misdeeds and crimes and justify the brutal meselike tactics barr himself employed in ordering federal troops to attack peaceful protesters in DC. Oregon, and elsewhere. This is the William Barr who caused 1900 former Justice Department employees to repeatedly call for his resignation because he moved to drop the case against a close Trump ally, Michael Flyn. This is the William Barr who, while recommending Trump not pardon, admitted Trump conspirator Roger Stone did not oppose the commutation of Stone’s sentence. From political cover ups to pardons and abandoned cases for conspirators to the use of violent secret police against peaceful American protesters. Barr’s actions echo that of mises to such a degree one might think he is mis reborn. Mises a pig should be echoing in all of our minds every time we see Barr covering up the crimes and misdeeds of President Trump. Mises a pig should be a chant we say to ourselves when the next bar sends secret police to violently punish those that the people in power disagree with. Mises a pig should be a constant refrain as we continue the fight for the soul of our country. Hopefully, those of us who don’t want our elected officials to break the laws that they are hired to enforce will learn from the Trump era and be more prepared to spot the next meece when he or she rears their authoritarian head. And maybe, just maybe, next time, we will keep that pig locked in its pen. Maybe. Postscript there is hope. This poster was spotted in DC. In 2016, and I include a picture of a sign that says, Experts Agree Trump is a pig. So that was the essay that I wrote years ago to rail against what I was seeing as repetition of history. Barr really is mise reborn. Mies was a pig. For those of you who were not alive and don’t remember him. It is astounding when you go back and look at all the things that he did in his role as Attorney General of the United States and Attorney General of California, the people he killed, the lives he endangered, the laws that he broke, and the crimes that he covered up. Here’s a clip of Barr testifying before Congress under oath as the Attorney General, and they are questioning him about the Russia scandal for Trump. If you recall correctly, there was a ton of evidence that Russia was assisting Trump in getting elected by many different means. We had cyber warfare basically going on where there was an army of operatives in Russia that were using fake identities on Facebook to create support groups for Trump. They were so good at sewing distrust and resentment in America, they would have different support groups on different sides of the aisle in their pockets, either because they were the leaders or because they were influencing the leaders. There was even cases where they would have the two different sides show up at an event on the same day for the express purpose of causing them to start fighting and get on the news. This is how deep it ran. We had Russian operatives exposed as illegal lobbyists, distributing money and trying to influence politicians to help Trump get elected. All of this is going on, and Barr is testifying before Congress to try to explain what the law is. So in this clip, representative Cecilini David Cecilini from M, Rhode Island, is asking Barr about the state of the law regarding foreign entities aiding people in getting elected in the United States. Listen to what Barr says.

Speaker C: Is it ever appropriate, sir, for the President to solicit or accept foreign assistance in an election? It depends what kind of assistance? Is it ever appropriate for the president or presidential candidate to accept or solicit foreign assistance of any kind in his or her election? No, it’s not appropriate. Okay. Sorry you had to struggle with that one, Mr. Attorney General.

Speaker A: Um, that’s a nice little burn there at the end. But the audio, to me, was extremely striking. This was not a man who was seeking to thoughtfully and honestly answer Congress’s questions. He’s the Attorney General. He’s there testifying about the state of the law. And his first instinct was to protect Trump. His first instinct was to try to find some wiggle room and say, well, it depends. Now, granted, as lawyers, as lawyers, anybody who’s been to law school knows that the only proper answer to a law question is, it depends. But that’s not what’s going on here. What’s going on here is there is a rule says it’s not appropriate for any outside country to come in and affect our elections to assist one person over the other. That’s just not allowed. And here’s barr. Freewheewheeling it. Here’s Barr instinctually trying to cover up for Trump out in the open. That’s what. I meant in my essay when I said, sometimes it’s not so hidden. What they do things like this, right? So I hear you asking, this is all very interesting, but why are you doing this today? What does this retired Attorney General have to do with anything? Well, as you may have heard, a certain ex President Trump has been indicted on federal charges, and the charges are very serious. The indictment runs into close to 100 items. There’s 36 counts that he’s going to be charged with. Most of them run up to 20 years in prison each. It’s big boy time. It’s serious business. The right wing media and the right wing supporters of DeSantis and Trump and all of these people are going absolutely apeshit over this indictment. Here is Carrie Lake addressing this indictment to her followers.

Speaker D: I have a message tonight from Merrick Garland and Jack Smith and Joe Biden and the guys back there in the fake news media. You should listen up as well. This one’s for you. If you want to get to President Trump, you’re going to have to go through me, and you’re going to have to go through 75 million Americans just like me. And I’m going to tell you, yes, most of us are card carrying members of the NRA.

Speaker A: Most of us are card carrying members of the NRA. You’re going to have to get through us if you want to arrest or indict Trump. This is Kerry Lake basically threatening political violence, either civil war or assassinations, or the killing of federal officers. I don’t know why these people were cheering. These people are supposedly, right, the Law and Order Party, but we know that that’s a lie. It’s law and order when it’s cops sitting and kneeling on the necks of black men. But it’s conspiracy theory time when they’re coming after one of your heroes, one of your political champions, who gives voice to your racism, right? Or your conspiracy theory. And side note, I am editing this right now. This was recorded days ago. I am editing this at a time when Trump, ah, has in fact, been arrested. And I didn’t see Carrie Lake there at all. So great speech, Carrie, but we know it’s just hot air. As I said, these people are going nuts over this indictment. They’re calling it communism. They’re saying that the Despotic president that’s currently occupying the White House, Biden, the supposed president, is trying to assassinate his political opponent. And I’m not exaggerating about this. Millions of people in this country think that this is a sham. They obviously haven’t read the indictment. They haven’t said, well, if these things are true, wow, let me look up the law. And, yeah, he violated the law in a major way. There’s this false equivalency between what Pence did and what Biden did as far as having some secure documents in their possession. I don’t think I have to explain it, but I probably should for anybody listening in the future or people who might be a little confused. Accidents do happen. Pence didn’t intend to mislead investigators. He didn’t intend to steal anything. Neither did Biden. Most people that end up in this situation, especially if they’re high ranking, don’t intend to. They’re very busy people, and they can take papers home to work on it, and they might have some top secret stuff in there. The key to analyzing how these cases were treated is the following. In all three cases, the government went to these officials and said, we believe you have some documents. They are top secret, or some otherwise classified documents. Would you please return them to us? Two of the people said, oh, wow, my bad. Sure, here you go. And that was the end of the matter. One person said, no, I don’t have any documents. And if I did have any documents, I don’t want you looking at them. And what’s that over there? And then turns around and hides the documents and then has an attorney file a report to the government saying, I did return all the documents I had in my possession, knowing that that report was false. The attorney didn’t know it. Trump knew it. Then, when the government was planning on raiding their property to actually get these documents back, one person had their valet hide these documents, load them onto a truck or a plane. I forget how they got there to take them out of the state. One person had boxes and boxes and boxes of documents in bathrooms and on stages spilling out onto the floor where people could access them anywhere, all the while lying, lying, lying to the government and trying to keep them. And the most bizarre part about it, the strangest part, even after all this time of being exposed to the toxic simplicity that is the pure ego that is Trump, I am still surprised when I see his obvious signs of his motivation, where he is caught on tape talking to journalists, saying, oh, hey, take a look at this document I got here. It’s top secret, I can’t show you. Or, hey, look at this map, you big Pac supporter, don’t get too close. It’s top secret. But here, look at it. That’s what’s going on with Trump. So every single person who believes that these three cases are the same is utterly wrong. And anybody who is spreading that misinformation is either utterly incompetent or utterly diabolical. They are willing, as I have said time and time again, to feed people misinformation, to lie to them, to get what they want, which is they want to be supported. And quite frankly, I don’t know why the GOP hasn’t thrown him under the bus. If you are DeSantis, if you are anybody who’s planning on running in the primary, you are cheering for this guy to get arrested and convicted, and that’s going to happen soon. He is going to be arrested and arraigned. It’s going to be the first time an ex president has been arrested by the Feds. He already set a record by getting arrested by New York, but he’s going for the double. So it’s in this context that I’ve read this essay, and we know who William Barr is. He is one of these people who was willing to advise a president to pardon people to cover up for Iran Contra. He is a person who was willing to get before Congress and testify with his very first answer that it might be that there are some times that foreign entities can interfere in US. Elections. Until he was really pushed and he realized, oh, wait, I need to wake up. I’m on camera. I’m testifying before Congress. I better stop protecting Trump. And then corrected himself. It is this toady that is William Barr who spoke today about this Trump indictment. And I want you to listen to what he said.

Speaker C: If even half of it is true, then he’s toast. It’s a very detailed indictment. Uh, and it’s very, very damning. And this idea of presenting Trump as a victim here, a victim of a witch hunt, uh, is ridiculous.

Speaker A: Barr said that on Fox News today. Wow. Right? So write down the time and date. I am actually going to agree with Bill Barr right now for this one point. It is damning. The indictment is damning. He, uh, is absolutely right. What I find ironic is that Bill Barr was essential in Trump’s effort to weaponize the Justice Department and go after people the same way that Meese did. He was essential at weaponizing this. And now here he is saying this indictment’s rock solid. He’s just taking it as rote that the Justice Department is doing their job. So if a person like Bill Barr, a person like Edwin Meese, reborn in Bill Barr, is coming out and telling everybody this is really bad news for Trump, you can believe it. So the lesson I’d like to convey from this particular essay is the same as has been a theme of my podcast. People in power will lie to you. They will cheat you. They will use their power to cover up their crimes and get what they want. It doesn’t matter whether they’re in your political party or your opponent’s political party. You need to be skeptical of their claims. We need more government happening out in daylight, because only when we have evidence that they are on the up and up should we believe that they’re on the up and up. I’m going to put a lot of reference links in the details for this particular episode. I’ll put a picture of the original mises a pig poster up there. I will put an interview for those of you who are interested in, uh, the atheist angle here. Christopher Hitchens debated Edwin Meese on live TV after Iran Contra. There’s a term called Hitch slapped in the community about when Christopher hitchens tears, uh, into somebody they got Hitch slapped. This is one of the biggest Hitch slaps you will ever see. So I’m going to link a video there. Edwin Meese cannot believe that this young upstart is questioning his authority, his word, and Hitchens calls him a liar to his face, uh, on Pat Buchanan’s program, live on TV. And Edwin meese loses it. He has no way to come back other than to just start pounding the table and getting furious that this young man would dare question that he was an honorable man when the evidence by that point was overwhelming. And, uh, I encourage you to go watch it. The video quality is not the best because it was taken back in the it’s worth a watch. It’s kind of short, and it’s like a love letter from beyond the grave from Christopher Hitchens. When I saw this. And I’ll remind you, whenever you see shady politicians nominating their friends to positions of power, just keep repeating to yourself, mises a pig. I’ll see you next time.

Speaker B: This has been the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon, you SA.

The post The Cross Examiner Podcast S01E10 – Meese Reborn (Or “What’s up with the Trump Indictment?”) appeared first on The Cross Examiner.

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The Cross Examiner Podcast S01E09 – Interview w/ Ryan Jayne of The Freedom From Religion Foundation (Pt 2) https://www.thecrossexaminer.net/2023/06/13/the-cross-examiner-podcast-s01e09-interview-w-ryan-jayne-of-the-freedom-from-religion-foundation-pt-2/ https://www.thecrossexaminer.net/2023/06/13/the-cross-examiner-podcast-s01e09-interview-w-ryan-jayne-of-the-freedom-from-religion-foundation-pt-2/#respond Tue, 13 Jun 2023 03:33:08 +0000 https://www.thecrossexaminer.net/?p=1804 I am super excited to be able to bring you this interview with Ryan Jayne of the Freedom From Religion Foundation!  (https://ffrf.org/)  Thank you to Ryan for giving me so much of his time to help educate both my listeners as well as me on the great work that FFRF does in the fight against...

The post The Cross Examiner Podcast S01E09 – Interview w/ Ryan Jayne of The Freedom From Religion Foundation (Pt 2) appeared first on The Cross Examiner.

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I am super excited to be able to bring you this interview with Ryan Jayne of the Freedom From Religion Foundation!  (https://ffrf.org/)  Thank you to Ryan for giving me so much of his time to help educate both my listeners as well as me on the great work that FFRF does in the fight against religious intrusion into our secular government.  Please support them any way that you can!

In this part of the interview, we focus on faith healing in the United States and how it is killing children.

RYAN’S BIO:

Ryan is Senior Policy Counsel for FFRF’s Strategic Response team. He received a B.A. in philosophy from the University of Wisconsin-Milwaukee Honors College in 2007. After graduating, Ryan taught piano and chess lessons while working as a financial advisor until 2012, when he began law school at Lewis & Clark in Portland, Oregon. In law school he focused on intellectual property and animal law, serving as an associate editor for the Animal Law Review at Lewis & Clark and co-founding the Pacific Northwest’s first Secular Legal Society. Ryan graduated cum laude in 2015, began working with FFRF in January of 2015, and became a Diane Uhl Legal Fellow in September, 2015, specializing in faith-based government funding. Ryan became an FFRF staff attorney in September, 2017.

Automated Transcript

Speaker A: Sally and Tommy were in the playground when Sally asked, what does your daddy do? Looking a bit sheepish, Tommy replied, he’s a lawyer.

Honest? Asked Sally, to which Tommy replied, no, just the regular kind.

Speaker B: Welcome to the Cross examiner podcast, the in net’s courtroom in the case of Rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the Cross examiner.

Speaker B: Welcome.

Speaker A: Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States, and I’m even more alarmed by the massive amount of misinformation powering that rise. I started this podcast to try to help entertain and educate so that you could be armed with the facts and push back against that misinformation, especially where it involves church and state issues. Today I am continuing my interview with Ryan Jane of the, uh, freedom from religion foundation.

Speaker B: This is part two.

Speaker A: If you have not heard part one, I strongly recommend you go back and listen. And again, I would like to thank both Ryan Jane and the Freedom from Religion Foundation. Ryan was extremely generous with his time in this part. We are going to be focusing on the issue that I have been discussing for several episodes, which is faith healing and how it hurts children in America. I hope you enjoy this, the second part of the interview.

Speaker B: All right, well, welcome back. We’re here with Ryan Jane of the freedom from religion foundation. And we’ve been talking about the fascinating work that they do protecting everybody. And that’s something that these Christians don’t realize when they are attacking you. You’re protecting everybody from government intrusion based on religion. Do you ever see the light bulb go off when you’re debating somebody or exchanging with somebody? That like, hey, what I said earlier, when is the next, uh, public satan school going to be open? Do they ever recognize that that’s a threat, or do they say, intellectually? I understand that, but we’re a Christian nation, so that will never happen here.

Speaker D: Yeah, I think if the light bulb goes off, they keep it in their subconscious. It bubbles its way up later on. They don’t want me to know.

Speaker B: It’s a very mild light bulb. It’s an Easy Bake oven light bulb. Okay, that makes sense. So, shifting here back to your studies, I believe in school we mentioned this earlier you focused at some point on religiously motivated medical neglect. Is that correct?

Speaker D: I did, yeah. So I was taking a class on children in the law. I wasn’t sure what I wanted to do. Uh, at the time, I hadn’t found FFRF yet, and so I was contemplating doing family law. I was learning about, um, how you can help to protect kids in the law. And this topic came up that a lot of states have faith healing. Exemptions to child medical neglect laws differs from state to state. But in some of them, it’s really horrific, where they have exemptions to things like manslaughter, uh, or even capital murder, where you would otherwise be potentially convicted. But if the reason that you withheld medical treatment was because you believed in faith healing, then you were off the hook. You were just completely exempt from the law. And this pissed me off so much, and I needed something to write my kind of big capstone paper on to the, uh, big project at the end of your law school career that, uh, I decided I wanted to do it on that. So I took a deep dive and wrote on it. And, um, my ambitious attempt at the time was to try to find a way to solve this in all states at the same time. So a federal solution to this problem, which is still a pipe dream of mine. Uh, but, yeah, mostly it became an area of interest. And now I’m happy that I’m in an area of the law that I actually get to keep working on that. Although mostly it’s on a state by state basis.

Speaker B: Yeah, that’s an interesting part. I hadn’t thought about the all in one swoop approach versus having to play whack a mole with each and every state to try to handle this situation. So what is the current state of the law? I should say let’s talk about legal cases. When I think of these faith healing cases, which I’ve been talking about on, um, previous episodes, where states this is not a loophole. First of all, I’m sorry for going back, but this is not a loophole. This is not some sort of like, oh, I found a way to get away with this. This is not some tricky lawyer saying, my clients are not guilty of child abuse or murder or manslaughter because of this religious loophole. This is explicitly in these codes. Correct. That says it’s an affirmative defense, that if you abuse your kid, but that abuse takes the form of faith healing, that you cannot be prosecuted for a crime. Am I understanding that correctly?

Speaker D: That’s exactly right. And the kind of disgusting thing about it is that the reason that so many states have these in the first place is that the federal government in the 70s actually strong armed the states and more or less forced them to do this. So in the same way that, uh, a lot of people know that the federal government forced states to raise the, uh, drinking age to 21 by conditioning highway funds on it. Right. They said, if you want these highway funds, you have to raise your drinking age to 21. So all the states did it, and they did a similar thing where they said, we have this funding that we’ll give to each state, but we’re only going to give it to you if you include a faith healing exemption to your medical neglect statutes. So all the states did it, of course, and then later in the federal government actually got rid of that. So then some states got rid of their faith healing exemptions, but others didn’t. So the ones that we still see on the books are just kind of leftover ones that are hanging on. But it’s a tremendous uphill battle to try to convince lawmakers in those states to get rid of them because it’s seen as being antireligious, which is just a political non starter.

Speaker B: Absolutely. And it’s another great example of inertia, at least the federal level. And most states are built around gridlock that once something’s there, once you just get that moment where you can put something in, it’s going to be there a long time because it takes so much effort to do away with this. As you said, this was back in the this started bit of trivia for my listeners. I’ve alluded to this on previous episodes, but the documentation I’ve read says that the way this came about was that Mondale passed his Child Abuse Prevention and Treatment Acts CaPTA back in 74. And a side note, this is one of my favorite quotes. Nixon’s president and he signs the law, and Mondale says, what do you know? Even Nixon is against child abuse. That’s a great quote. So the nation comes together to do this, and then Nixon has halderman and forget who the other person was. But two Christian Scientists are in in his administration. And what I found in various books were claims that because of the language that’s in the regulations that were promulgated under this act, they echo Christian Scientist language. So the theory is that these Christian Scientists, which there were many in the Nixon administration, used this opportunity. They knew they were going down because of Watergate, but they used this opportunity to insert that requirement. Without it, they knew they were starting to get prosecuted around the country, so they inserted this protection. Now, what I’ve done is I’ve tried to track down actual documentation that proves this. I first read about this. Dr. Paul offit wrote a book called Bad Faith. It’s all about child abuse, faith healing. It’s a really great book. And he makes this claim, but I couldn’t find any newspaper reports. So I actually wrote him and said, hey, I’m trying to find any sort of memos or emails or evidence or newspaper reports. And he directed me to the famous book that I love. It’s called God versus the Gavel by, uh, Marcy Hamilton. It’s the book that sort of got me into this space of church and religion. And she goes into great lengths writing about faith healing as one of the aspects that is affected. So I’ve written her. I haven’t heard back from her yet, but so far I can’t find evidence of it. But when you do read Christian Science, uh, language, they talk about practitioners and treatments in Christian Science, and that’s the language that you see here. So that’s a long winded way for me to lead up to a question that I don’t know if you’ve had any experience, but have you seen any evidence that that story I don’t know if it’s urban legend or apocryphal or if it’s actually true, it seems to make sense. Have you done any research on that? Do you know if that’s where this came from?

Speaker D: I unfortunately have not. I don’t know for sure. I’m very interested in it. Would love to look into it. And Marcy Hamilton is a superstar, by the way. So you mentioned Kab versus the gavel. It is a great book, and, uh, she’s the right person to ask. Um, but maybe we can get an intern digging into question.

Speaker B: If true, it’s further evidence that your elected officials will do what they can to further their agenda when they have power. Even if it’s waning away, they’re going to try to get it in there. So we are left because of that, with the situation you described, where 30 plus states have these exemptions that they’ve not quite gotten rid of because of something that happened back in the Nixon administration.

Speaker D: That’s right. And some of them, I know, do specifically mention Christian Science practitioners by name. So it seems very plausible, uh, the situation you described, and certainly in practice, um, that’s who is kind of relying on these exemptions oftentimes.

Speaker B: So the form of these is an exemption. The form is, hey, you’re going to be guilty of this crime if you do these acts, but if you do them with this mental state, you’re not guilty of the crime. So it’s an exemption because of your religion. Does your foundation have any sort of position on religiously motivated exemptions? Because this is not the only space where you see that that you’re exempted from an otherwise enforceable law because of your religious beliefs. Do you have a position on that specifically?

Speaker D: We, uh, do. So generally, we support the Supreme Court’s free exercise rule in employment Division versus Smith, uh, which is actually an Antonin Scalia, uh, opinion, if you can believe it. But, um, the idea some good ones sometimes, right? Yes. And, ah, he’s a good writer, just usually got things wrong. Um, the idea is that so long as a rule is neutral and generally applicable, no one should be entitled to a religious exemption. Um, there are limited circumstances where religious, uh, accommodations could be acceptable, so long as they don’t hurt anyone and they don’t frustrate the purpose of the law. But in that case, the accommodation should be made available equally to everyone. You shouldn’t have situations, uh, like this where you’re favoring, uh, one particular denomination, like Christian Science. But besides that, of course, this is not a religious accommodation. Um, this is not I mean, it’s putting it very mildly to say this is causing harm to people. This is literally killing children.

Speaker B: Right? Yeah. It’s definitely in that same space of, uh, strict scrutiny that if you’re going to be reviewed under strict scrutiny, you have to do the minimally invasive thing to achieve your legitimate goal. And so what you’re saying here is, in those sorts of cases where there are these exemptions, you have to provide the least the accommodation to everybody. If you can accommodate the behavior, regardless of what religion you believe, then just accommodate the behavior. Don’t make it based on religion only. Am I understanding that correctly?

Speaker D: Yes, that’s right. And uh, if there’s a rule that has no need for a religious exception, there shouldn’t be an ability to come in and say, hey, my religion says this, so I don’t want this law to apply to me. If the speed limit says 45 and someone comes in and says, well, my branch of Christianity says I have to drive 70, they should not get in the door of the courthouse. Right. That should not be argument. You should even remotely consider, now that.

Speaker B: You mentioned it, this was another thing that sort of got me passionate back when I was sort of finding my atheism with this particular issue. I remember generally growing up thinking, why are there laws that people can be exempted from? Like, if the law needs to be a law, it should apply to everybody. If some people don’t have to follow it, then nobody should have to follow it. Shouldn’t the principle of liberty say that we don’t have to follow these? So, um, I’m with you on that one. I’m glad that freedom, uh, from Religion Foundation is active in that space. I guess, to sort of protect us from I guess you could have exemptions that turn into the rule, so to speak. Right. That exemptions could be abused if politicians, especially at the state or local level or flying under the radar, start creating exemptions that give you some extra power. Because I’m sure they could phrase it that way. I’m sure you guys would be all over that.

Speaker D: Absolutely. And we’ve seen this with the pushback to the Employment Division v Smith case was the Religious Freedom Restoration Act. Mhm this tried to go back by force to the old way of doing things, which is this approach where courts say if you are burdening someone’s religious beliefs, you have to make it over the strict scrutiny hump to show that the law why you haven’t given them an accommodation. So it’s flipping it on its head, it’s doing it the exact opposite way. And uh, FFRF, to their credit, long before I was here, opposed RIfra from the get go, whereas, uh, it had bipartisan broad support initially. But what we’ve seen it grow into now is what you were just describing, where people are abusing it and using RIfra, both the federal RIfra and also various state Rifras, to justify things like discrimination, where they’re saying, well, this civil rights law, this antidiscrimination law violates my sincerely held religious beliefs and therefore you have to give me an exemption. I have to be allowed to discriminate. And, um, that’s just not the way that our laws should work. Because, as you said, if it’s not a big deal to carve out this exemption from a law, then why do you have this law in the first place? If it’s an important law, and if the underlying purpose is sufficiently important to put it into place, then it should apply to everybody. There’s no need to carve out this religious exemption.

Speaker B: Right. It’s neither important nor essential by definition, if you’re letting people not, uh, follow it. Because if everybody claims that exemption, then nobody has to follow it.

Speaker D: Exactly.

Speaker B: Yeah. All right, well, uh, getting back to your work on faith healing, what are the issues that typically come up? I’ve identified three. Uh, maybe you’ve seen more. I see First Amendment, obviously. I see parental rights versus children’s rights, and I see equal protection. Are those generally the areas where this battle is fought?

Speaker D: Yeah, I think that’s right. I mean, unfortunately, the practical reality of these laws is that these are a matter of policy that so long as these statutes are on the books, you’re going to have prosecutors who are never going to bring these cases. So we often don’t even know that this happens. There’s a case in Idaho where someone basically stumbled upon this graveyard that just had dozens upon dozens of kids under two who had died in this one religious sect, and come to find out that it’s because none of them were taking their kids to the doctor. And, uh, prosecutors couldn’t do anything about it. They looked at the case and said, well, there’s this exemption that they clearly qualify for, so our hands are tied, so no cases are brought. There’s no legal challenge. There’s nothing you can do about it other than trying to get the laws off the books. So that’s really the only practical way forward.

Speaker B: It’s funny you mentioned that. I just, for researching this, watched a documentary, I believe it’s called no Greater Law. And it’s about that exact issue, the issue you just talked about. It’s a great documentary. I recommend people follow it. It follows the followers of Christ church members in Idaho during a time where the Idaho legislative body was considering a bill to get rid of this protection. And the cameras get unbelievable access to these folks who are practicing this, and you see them as real humans, and you get to hear their justification for why they’re not giving their kids antibiotics and letting them drown on their own fluids when they get pneumonia. And it’s bizarre to watch. But you also follow the sheriff that is, of this county. It’s canyon county in Idaho, as the sheriff is just obviously frustrated. And there is a scene that just does exactly what you did. It was probably staged for the documentary, but the sheriff goes to the attorney, uh, General or the DA, or whoever it was, and the DA pulls out the law book and reads it right on camera. This law says, you should not even be bringing these cases to me to consider. There’s nothing we can do. And the rest of the documentary is all about the debate in the, uh, legislative body to say, should we get rid of this? And overwhelming it was something like 27 to eleven. Some two thirds said, no, we keep it. And everybody was citing these arguments, these First Amendment. They were talking speeches about religious, uh, freedom, parental rights, and all of those sorts of things. So I was wondering if we could go for our audience, if you have a little bit more time, if we could go into each of those arguments. The First Amendment parental rights versus children rights and equal protection and sort of educate our audience a little bit about it and see why it shouldn’t apply to these cases, why these politicians who wave the flag and talk about these issues all the time when supporting these laws are just wrong. Do you have that time?

Speaker D: Absolutely. I’d love to.

Speaker B: Great. I’m going to save the First Amendment one for the end, because I think that’s going to springboard us into a sort of closing segment where we can talk about the future that FFRF is anticipating under this new court. So let’s jump to parental rights versus children’s rights. You mentioned earlier, Scalia scalia made a very interesting dissent in a case called Troxel versus Granville, where he said, there’s no right of bringing up a child in the Constitution. There is a right to raise your to create a family and raise a child in the Declaration of Independence, but it’s not in the Constitution. So I’m not going to support any law that says the state can’t pass laws telling parents how they need to treat their kids humanely. And again, me being not the best fan of Scalia, I found myself begrudgingly agreeing with him. It’s a very scalia thing to do, to say, the words aren’t in there, so I’m not going to do it, no matter whether I might think it’s a good thing or a bad thing. So what is the state is he right? What is the state of law regarding parental rights as measured against laws that try to force parents to do certain things for their kids, be it religious or otherwise? Do you guys have a sort of, uh, a survey of that?

Speaker D: Yeah. So he’s definitely right that parental rights is not an enumerated right in the Constitution, but to take a little jaunt into legal dorkery, uh, my initial response to Scalia is something that legal scholars like to talk about, and most others don’t know that it exists, which is the 9th Amendment. And so it seems to largely refute Scalia’s argument here about unenumerated rights. Um, the 9th Amendment in the Bill of Rights says that fundamental rights are not excluded from constitutional protection just because they’re not explicitly mentioned in the Constitution.

Speaker B: M, it’s funny how Scalia and crew tend to forget about that one a lot.

Speaker D: Yes, absolutely, it’s inconvenient. And you can be a little bit sympathetic to say, well, if all the unenumerated rights are protected, how are we ever going to keep track of them? But, um, this was actually a concern of Alexander Hamilton and some other founders pointed out, and they were arguing against the Bill of Rights on exactly these grounds, which, uh, is where the 9th Amendment came from. So he said, if we start listing out rights that are protected, that actually puts limits on citizens, on we the people, because anything we don’t list is going to be lost. And the Constitution is supposed to limit the government, it’s not supposed to limit people. So this is a real danger. So what they did is they threw in the 9th Amendment to the Bill of Rights to answer that concern. And so it’s kind of tragic that it’s been lost to history this way, that it hasn’t been utilized by the Supreme Court to this day, really. Um, but we have, of course, seen other instances of unenumerated rights that do get upheld. So for instance, the word privacy is not in the Constitution, but, uh, even though that’s being eroded right now, um, that’s an unenumerated right. The right to marriage is something that relatively recently, uh, Kennedy was in support of and said this is a fundamental right that you have to marry. And so there’s certainly at least an argument that there is some level of parental rights. And there’s been certainly a string of cases you can point to where courts have recognized some degree of parental rights that have come up, but it’s fairly rare and it’s not described in such explicit terms. So it is this kind of ethereal thing, which, for purposes of the faith healing exemptions, is maybe a good thing. Uh, and the other thing to keep in mind, of course, is that just in the last couple of years, parental rights has taken on kind of a new cultural concern, because this is the language that’s being used to push everything from book bans to the don’t say Gay bill in Florida. Uh, a lot of this stuff is being billed as parental rights. So, uh, it’s something that you can support parental rights in theory, but you need to be careful about what you mean by that, because the current trend is to say that just really expansively. And so I think the faith healing exemptions are just another example of that, where they’re literally saying parental rights extends to the point where you’re literally letting your children die.

Speaker B: Yeah, absolutely. And I found myself thinking that while I was reading this scalia dissent, and to be clear, in Troxel, he was in the minority. They did find parental rights, as they have in a couple of other cases. The cases I found center on there was a case from 1923 where there was a law that you couldn’t teach your kid German, probably because of World War I, I’m guessing. And the courts that was the first one I found that said, you do have the right to teach your kid what you want to teach. That’s followed up later with some cases that have to do with sort of the industrial Revolution, where, uh, do parents have the right to pull their kids out of school early? 14 1516 the Amish do that? Traditionally, yes. The courts held after a certain age, you don’t have to send your kids to school if you’re putting them to work or for whatever reasons. And then Troxel was about a mother whose I believe the husband had passed on, and the parents of the husband wanted to visit the children, and the mother didn’t think it was a good idea. And the court said, yeah, you have the right to not have the state come in, a judge come in and order that you let your kids visit with your dead husband’s grandparents. I think I’m getting the facts right there. And that’s where the court said, yeah, you can’t let a judge do that. There is a right to control the, uh, associations with your children. So that, I think, is pretty much the extent of direct parental control. I’ve never found a case that has addressed faith healing or religious training specifically. Are you aware of any parental rights cases that have gotten anywhere, uh, on those grounds?

Speaker D: Not in those areas, no. The other area that you think of is, like, medical decisions where, uh, I don’t know that the case is off the top of my head, but it makes sense that states would want to protect the rights of parents. If you have another adult, if you have an aunt or an uncle who’s like, hey, I think this kid needs this procedure, and they pull them in, and the parent says no, it’s like, no, the parent gets to decide this. Right. And I think that it’s so non controversial with those sorts of cases that in most circumstances, you’re not going to see a court case because it’s not going to get that far.

Speaker B: Yeah, I haven’t seen any rise up to sort of the appellate level. There was a case I found, again, an Amish family. The daughter was diagnosed with cancer, and I think because they had quality of life issues, I’m not sure it was a religious thing, but they said they started chemo with her. They started following the recommended treatment of the doctors, and then they took her off saying, quality of life issues? We don’t want to do it. And the hospital, uh, filed a suit basically in place of the child asserting that, hey, this is going to kill the kid. You need to appoint us as guardians for this one question. And the court granted that. And the parents took the kid and fled the country to avoid the enforcement of that. The rumor has it they went to Mexico. The hospital staffer, I think she was the attorney for the hospital, said, well, we’re giving up. They’ve fled the company. It’s nothing we can do. And they eventually came back and even the sheriff of the town said, I’m not going to help you find these people. That sort of level of keeping people out of these sorts of decisions. So again, I’m not sure it was religious. It was more of a quality of life, but it was another sort of small case in that area.

Speaker D: Yeah. And I think that’s the if you’re trying to make the strongest possible argument in favor of these faith human exemptions, it would be some version of that where how tragic is it to be in that circumstance, to have to make that decision in the first place as a parent? And do we really, as a society want to say, oh, you chose to value your child quality of life instead of trying to prolong their life and now that you’ve made that decision, once the child has died, we’re going to consider charging you with negligent homicide. I mean, that sounds monstrous, right? So I think most people are on that side of it because the parents are doing what they legitimately think is in their kids best interest. And so there’s general support for that. So I think the question is, why is it different when that sincere belief is, well, we really think that God’s going to fix our kids. And that, I guess, where my mind goes next is to this elephant in the room that is so politically, um, unapproachable, which is just the fact that faith healing doesn’t work. This is not a real thing. And so there’s no rational justification for allowing it. If I’m a policymaker, I’m a lawmaker. I don’t care if parents sincerely believe this because we know that we can save this kid and what they’re doing will not work. It’s more akin to my mind of a parent who’s like, I believe if I let my kid on fire, it will magically cure them. It’s like, no, that doesn’t mean you get to do that because we know that actually causes harm. It does not fix them. So we are going to intervene and stop you from that. I don’t care whether you actually sincerely believe it or not.

Speaker B: I’m, ah, 100% with you on that analogy. The setting on fire. Uh, I need to, for the purposes of our audience, to clarify the types of cases we’re talking about here. We’re not talking about child has been diagnosed with. Cancer. And you have a very hard decision of a very low chance of survival if she goes through chemo versus better quality of life if she stays off. We’re talking about simple things. We’re talking about children who get diagnosed with pneumonia, and the parents refuse to give a simple course of antibiotics that is virtually risk free, that is guaranteed to save their lives. And instead, the child ends up spending weeks drowning on their own fluids until they die. We’re talking about cases there’s one case in Idaho that, uh, followers of Christ faction occult, I will call them, uh, believes in faith healing. They had a girl whose family had food poisoning, and the rest of the family recovered. She did not. And she was coughing and vomiting for three days straight, and they were doing nothing until her esophagus ruptured and she drowned to death on her own blood. And just case after case, obstructed bowels, ear infections, little things. This is not life changing medicine. These are 100%. We are going to fix this problem. If you see a doctor, these believers, and I do believe they are firm believers, are letting their kids die rather than give them basic medical treatment. And I’m with you on the just head shaking, jaw dropping. What could motivate a parent to do this?

Speaker D: Yes, they have to be true believers. I totally agree. And the other thing that we know is because I’ve heard the kind of rejoinder of people saying, well, if they really believe this, if you make it illegal, they’re just going to let their kid die anyway, and then you’re throwing them in jail. And, um, haven’t they suffered enough that their kid died? It’s not like they wanted their kid to die. But we know from when these laws are changed that generally, parents do follow the law. Parents say, will begrudgingly say, well, if this is the law, I’m going to have to do this, even though I wish I didn’t have to. And, uh, I’ll complain about it, but I’ll bring them in, and then you get to save the child. So it’s an obvious choice to me.

Speaker B: Dr. Offit writes about this in Bad Faith. He talks about the fact that when you act these laws enact these laws, especially in the Christian Science community, a lot of parents are relieved because now they have an excuse to save their kids. And so I don’t put much weight on that argument of, well, now you’ll just be throwing two people will be better off both because it’s not true and it smells of it’s not the hostage taker’s fault that they had to shoot the hostage, right. That saying we should forgive this person because they killed their kid, and we don’t want them to have two family members suffering just seems very wrong thinking to me. So let me ask you this. There’s no case out there where the Supreme Court says you have a right to kill your kid, right? Uh, I have not found any.

Speaker D: Yeah, that’s certainly right. I don’t think the court is ever going to sanction the I brought you into this world, I can bring you out of it.

Speaker B: Yeah, that’s the theory. Right?

Speaker D: Right. Exactly. And if you think that of, like, an Isaac and Abraham type of situation right. A story that many American Christians hold up as this great example of following God’s will no matter what. If a parent charged with murdering their child made the defense that they sincerely believed that God told them to do it, there’s just no way that even like a Clarence Thomas or a Sam Alito would ever seriously consider entertaining such an argument. But the question is, why should we treat reckless homicide by medical neglect any differently? Idaho lawmakers, for example, are quite literally letting parents kill their children with no legal consequences. So it’s absolutely maddening, and I think that we should be standing up and just saying that this really is the same circumstance and which should not be allowed.

Speaker B: Absolutely. It’s funny you mentioned that story of Abraham, because that’s where I keep going to in my head, because one of the things I’m researching is doing an episode on the history of children’s rights. Like, why are there no children’s rights discussed when these politicians discuss it? Mostly because the people discussing it are conservative Christians and they know that’s a losing issue. But when you read that story, Abraham’s not surprised. This was the standard of care back then. When you go and you look at the history and I don’t want to spoil my next episode, but it’s horrific. Let’s just give one example. There was a practice back then that has run for centuries called foundation sacrifices. These are babies and children up to the age of five in certain countries. This is back at the time of Jesus that would be born, placed into jars, and buried alive under the foundation of buildings to give these buildings good luck, basically to guarantee that these things would be blessed by God. Again, this sort of sacrifice concept that Abraham is not surprised by, oh, I’m supposed to kill my firstborn. Sure, no problem. And the archaeologists who unearthed this at first were like, what is going on here? Until people started putting things together and documents and figuring out what’s going on here. So for a long time, we’ve had this culture of kids being sacrificed to religion. And I think that pervades even to today’s modern culture, because that story of Abraham, you’re absolutely right. It’s held up as this great moral story when most people I talk to is like, that’s the most horrific thing. This guy was willing to do it.

Speaker D: Yeah, absolutely. It’s a fantastic point to make. And it also reminds me of just this kind of humorous point in a way that whenever I refer to Christianity as a religion based on human sacrifice, a lot of people are taken aback, like, what are you talking about? Did you forget the central story of Christianity literally about sacrifice?

Speaker B: What’s the name of the religion? Christian. Okay, got it. It is stunning that that thought still pervades to this day, but it seems to guide the philosophical standing that United States has had regarding children’s rights for a long time. We are still a very puritan country in that sense of, you’re my property. Up until the Constitution, you were legally a child was the property of their father in the colonies. Uh, it stems from the poor laws in England. There’s a whole history there, and it takes a long time till we have any discussion of children’s rights. In the mid to late 18 hundreds, it’s the first cases we start seeing where courts step in and kind of manufacture some laws using basically their common law power to say, hey, there’s this tort called false imprisonment. We’re going to use that, but we’re going to use it for child abuse, or, hey, there’s this writ of raplevin where you’re trying to get your property back. We’re going to use that theory, but the person whose property it is is the state. So we’re going to try to get the child as property back, and they’re just free willing it here to try to do good. And over time, we see gradually states start enacting laws to prevent this sort of behavior.

Speaker D: You don’t have to look back very far to see that that’s also the stance the law took with wives and with slaves.

Speaker B: Right.

Speaker D: This whole idea of white men owning other humans as property one way or the other is not this new idea. And I think it makes sense that it’s a harder kind of nut to crack when it comes to children’s rights, in a way, because after all, kids are kind of dumb, right? I have a toddler, and I don’t want a court saying that they have a right to make their own bedtime, let alone to make their own medical decisions. So I understand why it’s kind of a begrudging, difficult motion to make, but yeah, obviously long overdue in a lot of ways.

Speaker B: It’s funny you point that out, because I had that same thought. I’m a father of two as well, and, uh, they’re both teenagers now, so they get dumber. I hate to tell you, but they get dumber as they get older, so watch out. One other point about this child’s rights before we move on to other sort of issues surrounding faith healing, killing kids, one hypocritical maybe stance that I’ve noticed is in the abortion debate, the right frames the issue as one of personhood. Oftentimes that’s not their only argument, but oftentimes they’re talking about this is murder, that the fetus is a person and that person has rights. And you can’t take away the pregnancy, because keep in mind, if we terminate a pregnancy and the child doesn’t die, we call that a birth or a delivery. If they do die, we’re calling that an abortion, but they frame it as personhood. Yet when you debate them on faith healing, they don’t want to talk about children’s rights. It seems very hypocritical that they are pro child’s rights up until the moment of birth, and then all of a sudden, those rights go away.

Speaker D: Yeah, it’s absolutely right. And, uh, it’s nothing new, though. We’ve known that pro lifers were hypocrites for a long time. The religious obsession with abortion has these politicians kind of bend over backwards to save every last fetus. But as you said, m from the moment of post birth, when, uh, you have a breathing actual infant, then they’re on their own at that moment. Any government action to protect the child becomes an assault on parental rights.

Speaker B: Yeah, and under faith healing, if that child is born and having breathing difficulties, you could literally say, no, doctor, don’t do anything. Let me pray. Let me anoint them with oil and pray like I’m instructed to in the Bible. And that child suffocates to death in Idaho and a couple of other states. No prosecution. Uh, you cannot prosecute those parents for killing their child 3 seconds after they’re born.

Speaker D: Yeah. And the only concern seems to be when you try to fix that, they’re saying, well, we can’t be encroaching on the religious rights of the parents. That’s unthinkable.

Speaker B: Right. It’s jaw dropping. So does the Freedom from Religion Foundation have any positions on children’s rights? Are there any cases you do or any causes you support regarding children’s rights?

Speaker D: I don’t think that FFF has a position on child rights in a broad sense, but we certainly advocate for children having the right to be free from abuse at a minimum, including religiously motivated medical neglect. Uh, the idea of exempting anyone from abusing or neglecting a child is absurd, no matter the reason.

Speaker B: Absolutely. And it’s understandable that the whole issue of child’s rights, as we’ve just demonstrated with this conversation, is, uh, sticky. There’s a lot of gray areas, like morality. Unlike Christians, we are willing to recognize that morality is not black and white. It is gray. And it’s trying to figure it out as our species evolves and learns more about how to prevent harm and promote happiness. It’s a very sticky issue, and I recognize that. But these laws seem to be clearly on one side. So thank you for summarizing that for us and sort of guiding us through that. I had a hypothetical to run by you to illustrate my next question. So the first issue we talked about was child rights versus parents rights. Another issue that’s somewhat tangentially related. I don’t hear as much, but I did want to bring it up. And that’s a 14th amendment equal protection issue. So here’s my hypothetical. A child in Idaho has pneumonia, and doctors say the child has an extremely high chance of survival if given an antibiotic this is what I talked about earlier, and will have extremely high chance of dying if they don’t. Both parents refuse treatment. The child lives in agony for seven weeks, several weeks excuse me, drowns in their own fluid. The mother and father are both charged. The mother says, I didn’t treat the child. I didn’t let the doctor treat the child because I was worried about their quality of life, and I was worried about a possible unproven allergic reaction or something like that, while the father says, I didn’t do it because of a, uh, religious belief. In that case in Idaho, I believe the father cannot be prosecuted and the mother can. The same parents, same act of preventing treatment, one parent’s going to jail, one parent’s not. And it’s based solely on their religious belief. Is that the state of the law in Idaho?

Speaker D: That’s how I read it, yeah. It’s a special exemption that only applies if you are specifically relying on a religious justification.

Speaker B: So what does that mean under the 14th amendment? Can we make an argument there?

Speaker D: You could try. I think the way that it would play out is you would have to say that, first of all, on what grounds are you being treated differently? And the way that it would be here is you would say, well, they have this religious belief, and I have this just non religious kind of pseudoscience, let’s call it, belief. So you are favoring the religious belief over my non religious, medical related belief. And I think the problem is the way that the 14th amendment, uh, equal protection clause has been applied is the real game, and a lot of listeners will be familiar with this. The real game that happens when you’re fighting about this is what standard of review applies. So if you can get strict scrutiny, that usually means that as the person challenging, you’re going to win, the government’s going to lose almost all the time. Whereas if you get rational basis review, that’s code for the government almost always wins.

Speaker B: You can imagine a way where this might be allowed. You win, government win.

Speaker D: Exactly. And so I think that in this case, the way that courts probably would look at this is they would say, your belief in this pseudoscience version of medicine is not religion. That’s the whole problem here is that this is not a religious belief. So this is not discrimination based on a protected class, and therefore rational basis applies. And the rational basis for the medical exemption? Well, actually, probably they would say, what’s the rational basis for the prohibition against you withholding medical treatment? So that one’s even easier. But even if they flipped it the other way and said, what’s the rational basis for having a religious, uh, exemption? Still, I think that’s going to survive rational basis, as almost everything does, because they would just say, yeah, the rational basis is protecting religious liberty, and parental rights, government wins. Have fun in jail. So I think that unfortunately, that’s the way that it would come out. So you can make the argument, but it’s an uphill battle for sure.

Speaker B: And that’s so frustrating. That’s a common situation to fall in. As somebody who is secular, agnostic, atheist, whatever you may call yourself, that doesn’t have a belief in a god, that the jurisprudence treats that as a non religious position. I tend to think of it as, from a legal perspective, a religious, religious, uh, position. The famous saying is atheism is a religion. Like bald is a hair color or not collecting stamps is a hobby. But in the law sometimes you get those weird double negatives or reversals. And it seems to me that this concept that judges like to use to support staying out of things that, well, not belief in god is not a religious position, therefore the first amendment doesn’t apply, seems to be faulty somewhere. I haven’t thought a lot about it. Is that an issue that you run into?

Speaker D: It is, and we’ve thought about this, so there have been some statements in support of the idea that you’re saying where the idea is that things like the free exercise clause ought to protect non religious people just as much as it protects religious people’s belief. Because if it doesn’t, that’s a form of religious discrimination in itself and it’s a lack of equal protection. I think that is a good argument, but you have to flesh it out, and it hasn’t really been done yet. And one of the objections that you would at least have to overcome is the idea that we were talking earlier about religious exemptions. And if you’re going to say that any religious exemption that you as a non religious person don’t qualify for is an equal protection violation, you’re kind of arguing against all religious accommodations. And so it’s kind of a slippery slope argument, and maybe there’s a way to get around that. But I think that would be the initial hurdle you’d have to overcome of things. Like if someone says you’re supposed to take a driver’s license photo without a hat on. And then someone says, well, I need to wear a religious headwear. And they say, that’s fine, as long as we can see your face. And then you come in and you say, well, I want to wear a baseball cap. It’s not for religious reasons, I just want to wear it. And the DM MV says, no, take off your hat. You can try to challenge that and say, hey, if they get a religious exemption, I want an exemption because I like baseball. But I don’t think that that has had success. Maybe it hasn’t been tried enough. But usually I think the intuition of judges is to say that religious accommodations are a legitimate thing that we are going to allow if that’s what lawmakers want to do, and if it’s not hurting anybody. We’re going to allow it.

Speaker B: Yeah. Uh, that was tested a little bit. In the case of the flying spaghetti monster, pastafarian adherent who wore the, uh, colander to their driver’s license picture and was told they had to take it off. Famous case that we’re all familiar with. And I believe they won. I believe they won, if I recall correctly. So that’s what you end up with is the perfect trial situation is one where the perfect test case, I should say, is the hypothetical, I have two parents, same child. One lets them die, the other one lets them die. One asserts this defense of, I have a religious belief, and the other one stays silent. The other one doesn’t say anything, or the other one says, I actually follow a religion, which says, uh, I’m supposed to kill kids. How would that play out? So you’re never going to get that as a real test case. Parents don’t tend to marry each other where they differ that much on this treatment of kids. But maybe we’ll find it in other places where we can start pushing back against this atheism or secularism is somehow not deserving of protection.

Speaker D: Yes, and hopefully, without such horrific underlying facts, we can get the circumstances where you have two defendants with one religious, one non religious circumstance, and they are being treated differently under the law. It’s the best shot you’re going to get at, ah, equal protection claim.

Speaker B: Yeah. You got to wait for that perfect case to show up. We’re running out of time. Do you have a few more minutes to dive into the First Amendment area with respect to, uh, faith healing in children?

Speaker D: Absolutely, I’d love to.

Speaker B: Okay, so I’ll just start. Can you explain the free exercise clause to our audience?

Speaker D: Yeah, that’s a quick, easy question.

Speaker B: That’s just a three minute discussion. Right.

Speaker D: So the basic idea of the free exercise laws first of all, I guess you have to kind of dispel this idea that the, uh, framers all had a unified vision of what really anything in the Constitution meant. We all date that as if there’s, like, one line that you can unearth, and it’s like, oh, this is what they actually meant. Of course, they debated things back then, just like they do now. So it’s complicated. But the basic, uh, idea of the free exercise clause is that it’s the flip side of the establishment clause that can be the package can be summed up as state church separation, where the government is both supposed to remain secular. But the government is also supposed to stay out of the business of religion and stop people and not stop people from practicing their religion. But of course, there are limits to that. We’ve talked about a number of those where if someone’s religious exercise is harming others, when you’re talking about that sort of religious conduct, of course the government can come in and say, you have to follow neutral laws. So that goes back to this case of Employment Division versus Smith. The Scalia case I mentioned earlier, which is the current state of the Free Exercise Clause, is that if you have a neutral, generally applicable law, the Free Exercise Clause does not give you an exception to it. But the cases following that have clarified that where you do get free exercise clause protections are if you can show a court that your religious exercise is being targeted by the law. If what the government is really doing is trying to stop you from practicing your religion, then the free exercise clause comes to the rescue and will stop it. So if you’re a government and you’re saying we are prohibiting people from eating wafers on Sunday morning, a Catholic church is going to come in and say, hey, this is clearly targeted us. And especially if there’s some legislative history that says, let’s get these Catholic masses out of here, that’s going to get struck down under the free exercise clause.

Speaker B: Right. Unless we have facts that say there is a plague upon us and the wafers eating wafers turns you into a zombie and you’re going to get somebody. But maybe, uh, our recent experience with COVID says that maybe people won’t do anything about that, but you need a non religious, legitimate purpose, and even then, you still might end up in strict scrutiny. Land right. Forbidding wafers. There may be a less intrusive way to solve the zombie problem than forbidding the consumption of wafers.

Speaker D: So if RIfra applies, then yes, but otherwise, strict scrutiny would only apply if they can meet that initial burden from a case called Lukumius saying what’s actually going on here is targeting religion. So in that case, and this is a real case that was about the Santoria religion, they were sacrificing animals. People were outraged at this, and they said, we’ve got to put a stop to this. So there’s all this legislative history about saying, how do we stop the Santoria from sacrificing animals? We hate this religious practice. I know we’ll pass a law against killing animals, and then they exempted veterinarians and they exempted farm animals. And so the court looked at that and said, no, what you’re doing is stopping a religious practice. So that’s what kicks in strict scrutiny. But that’s the level that you are supposed to have to meet in order to hit strict scrutiny. Otherwise it should be rational basis. Review the wafer.

Speaker B: Ban the zombie wafers.

Speaker D: Yeah, if you got a zombie problem that, uh, comes from wafers, the Catholics coming in and saying, hey, this happens to interfere with Mass, that shouldn’t matter.

Speaker B: Right. And that actually supports my reading of Jefferson and Madison. So going way back preconstitution we had an issue where Virginia proposed and this goes back to cases we were talking about earlier the state of Virginia legislature at the time was a colony proposed a law that was the hiring of Christian teachers, public school teachers that would teach Christianity. And people like Jefferson and Madison, founders and vocal advocates of the First Amendment, later rose up against this. Madison wrote a big document that was circulated and signed by everybody, and Jefferson reintroduced this bill he had written years ago called the religious liberty act. I think it was something along those lines for Virginia. And in their writing about this, they talk about the difference between a state regulating an act versus a state regulating your belief or your ability to profess your belief. And they come down heavily on the side in my reading that. Yeah, the state’s well within its rights to ban the consumption of wafers if they’ve got a legit reason. The cases that have come out about this are things like the jehovah’s witnesses. They had a case where they were having their kids distribute literature I think it was Connecticut or somewhere in new England where they passed a law about child labor that said, we don’t want kids doing certain things at certain times a day or for certain durations. And the jehovah’s witnesses objected, saying, hey, it’s part of my religious belief to do this. And the court said, no, get out of here. We can regulate child behavior. I’m sorry that your practice makes you believe that you have to do this. You can still believe that you should do this, and you could still say that you should be allowed to do this, and you can still hold elections and sponsor politicians who will try to repeal this law. That’s where the state can interfere. But, yes, we can say that kids can’t be working 14 hours a day.

Speaker D: That’s right.

Speaker B: Is that your reading of the founders, at least for Jefferson and Madison?

Speaker D: Definitely, yeah. There’s no question with Jefferson and Madison, who are of course madison was the primary author of the first amendment, and Jefferson tremendously influential in it. And he also coined the term separation of church and state in explaining the first amendment so tremendously influential, and without a doubt, those two that is where they were on it. The usual counterargument is people will say if you’re being a textualist. It doesn’t say prohibiting the free belief of religion. It says the free exercise of religion. So that supposed to be about conduct, not about belief, but it’s about conduct that is practicing just your religion. If that’s all that the government is prohibiting, then you get into a problem. But, yeah, it obviously must be the case that the government can regulate conduct for a good reason, even if it incidentally burdens religious conduct. And, um, this goes all the way back to the case in the 1870s. I believe Reynolds is the first time m the Supreme Court really kind of fleshed this out. And this is the first time they used the phrase separation of church and state as well, where it was a polygamist from Utah. And the background was Utah wanted to become a state. But this is a sticking point as they wanted to allow polygamy. And so he was trying to make the defendant there was trying to make the argument that I should have a free exercise right to practice polygamy, because, okay, you have this ban on the practice, but I want to do it for religious purposes. So doesn’t the first amendment let me do it? And the supreme court even back then, said, no, that can’t possibly be right, because then everybody gets to be a law unto themselves. So it comes back to, I have a religion that says I don’t have to pay taxes and I don’t have to follow speeding laws, and I don’t have to do anything else I don’t want to do, and that’s just not workable. So of course it has to be right that the government can regulate conduct. So that’s where the line should be. If you can show that the government is actually targeting a religious practice and has no good reason for doing it, then that’s different. That’s where you’re going to get strict scrutiny and the government’s going to lose. But barring that, the government can regulate conduct. That has to be the right interpretation.

Speaker B: Absolutely. In fact, that Reynolds case is where I first learned about the history. I just sort of dictated about Jefferson and Madison, about the hiring of Christian teachers. The court in Reynolds goes to great length to narrate that history, to say, listen, this is what people were thinking even before the constitution came around, that of course you can regulate actions. The line is that beliefs and professions. So maybe the counter, counterargument for the free exercise argument is, yes, it says exercise, not belief. But at the time, the founders were thinking that exercise meant speaking and believing, not giving medicine to your kids or forcing them to work handing out literature or marrying a bunch of people at the same time.

Speaker D: Absolutely. And I used to speak regularly to high school students, kind of do know your rights and introduction to the bill of rights type thing. And one thing I would always tell them is that the only protection in the first amendment that is absolute is freedom of thought. So you have a right to freedom of speech. There are certain limitations. You have a right to freely exercise your religion. There’s certain limitations. All the other rights, they do. The only thing you have, though, is freedom of thought. There’s not going to be a spot where the first amendment is going to allow the government to come in and say, if you believe ABC, you have violated the law. Which is a good thing, of course, because that’s not so abstract. Things like heresy blasphemy, these are basically thought crimes that are still prevalent around the world and, um, still exist in some state constitutions and state laws as well. They’re just not enforceable, thanks to. The First Amendment.

Speaker B: Yeah. People may not know this, our listeners may be unfamiliar with this, but regularly people are executed around the world for blasphemy laws. We have people who have appeared on atheist call in shows as hosts, who have to use anonymous names, uh, because they come from the Middle East. And if they were found out, they might be arrested, imprisoned, or even, uh, killed. It happens in Southeast Asia quite frequently. And, uh, we just had Salman Rushdie, who was attacked to this day for doing something that was blasphemous against his religion back in the 80s. He wrote a book called The Satanic Verses side Story. That’s right. After I graduated high school, I was working at a little thing called a bookstore. We don’t have them anymore, but Walden Books in the mall, and we got training at that time. Hey, there’s this book here’s. How to Handle Terrorist Threats. This is back in 1989. Two somewhere in that range when I was working in the bookstore, and it was my first exposure to, wow, people really like you said, people really believe this stuff. And so for that’s, 40 years later, he gets attacked when giving a speech in New York and is blind in one eye now and wounded, all because people find the idea the idea that they might be wrong to be blasphemous and should be punished. And that’s where Madison and Jefferson and everybody were. The government should not be in that business. You can’t control your thoughts. You should be able to profess ideas. You should be able to, uh, believe what you want and say what you want.

Speaker D: Absolutely. And we should all be coming together and protecting each other’s. Freedom of speech and freedom of belief, even if you no matter how much you disagree with that, if someone wants to come on and defend faith healing, it’s one of these things where I will vehemently disagree with them, and I will also vehemently fight for the right to make that argument.

Speaker B: Often it is the case that it’s the atheists that are protecting everybody else because they’re the neutral party in the fight. They can protect everybody. One last question about First Amendment. We had the Bremerton case, the coach praying last year that did away with something called the Lemon test. Everybody in constitutional law is holding their breath at this point to see what does this mean? Because case after case after case that are First Amendment cases have been decided under the Lemon test. So is it true, as Sotomayor says in her dissent, that Lemon is no longer good law? And what do you think is the trajectory now? What’s going to happen in this court? What test are they going to use? What methods are they going to use under those tests, and what cases might fall because of this?

Speaker D: Yeah, I think there is no doubt that you’re not going to see the Supreme Court applying Lemon ever again, I think that that particular test is gone. The good news is they didn’t overturn the case of Lemon, right? They didn’t actually say, Lemon v. Kurtzman is overturned, not that it’s bad law. And also lemon. It’s important to understand that case didn’t just invent a test out of whole cloth. What they did is they were looking at all of the cases leading up to Lemon in 71, and they said, let’s try to boil this down into a few general principles. So what we still have are these pre Lemon cases that led to the Lemon test. And we can still point to those and say that that is still good law. But what’s concerning is all the cases since 1971 that have applied the Lemon test are now a jump ball. So this is why we see things like in Texas with the Ten Commandments bill, this was settled in Stone v. Graham in 1980, and they’re saying, hey, we got another bite at this apple. Lemon doesn’t apply. So Stone v. Graham is not at least it’s at least not the right analysis anymore. So we have to relitigate all of these old cases, especially involving public schools, um, but also involving funding of religion and various other issues. The test that the court has said they’re going to apply in cases like Bremerton is a history and tradition test, right?

Speaker B: Yeah. Please do talk about this, because this is a favorite of mine.

Speaker D: Yeah. So as someone in the field, I have no idea what the hell that means. Um, it is a huge mystery. We had a case also in Texas about courtroom prayer where the court wanted to know the history, um, of the practice. And this makes sense even before Bremerton, because with legislative prayer, this is where they first started using this idea, where, like, well, there’s a long history of legislative prayer, so we’re going to allow the practice even though it blatantly violates the Lemon test in that case. And so here we’re talking about a judge in Texas who opened his sessions with prayer. And so what we had to do was to look up the history of courtroom prayer. So it seems like that’s one possible way is maybe you have to bring in expert witnesses and establish, as a matter of fact, uh, for the factual record, what is the history of this particular practice. But there’s several major problems with that in practice. And one is that history is a messy thing, and it’s very easy to interpret it the way that you want to. So I think that this test is going to open the door for the Supreme Court to rule any way they want to, because they’re going to have lawyers on both sides who are cherry picking history and saying, here’s why the history and tradition clearly favors this result. The other says the exact opposite. And the court just goes with the side they want to win. So this is not, uh, workable. And for lower courts, it gives them virtually no guidance. They’re not historians. They have to just dive into these historical practices. And it has this huge, hairy question of what scope do you use when you’re talking about the history and tradition of things like prayer practices in public schools? Well, there weren’t any public schools when the Establishment Clause was enacted, so what are you supposed to look at? And so you have to try to analogize to things. It’s just a giant mess. So until we get some more cases, we’re not really going to know what there is to go off of. So all we have for now is we have these preleming cases, we have principles since then. And then when it comes down to it, we’re going to have to just point to things like Jefferson and Madison, make the argument and hope that we get reasonable judges who understand the basic principles of the importance of a secular government. But, uh, it’s a scary time to be litigating state church cases because we don’t know what’s going on.

Speaker B: I just made a facial expression when you said scary because my very next question was, how scared should we be? Pretty scared for the layman who is listening to this, maybe, and has stuck with us. Thank you. How bad could it get? The reason it’s so popular with me, uh, that I like this historical test that they’re talking about is because it’s this big cloud of nothingness. It’s this big cloud of Rorschark test of religious jurisprudence. And it seems to indicate if we’ve always done it, we’ll just keep doing it. That seems to be one take of what’s going on there. But like you said, it could be anything with this court and possible future courts, depending on what happens in the next 20 years. Are the doors wide open? Let’s put it this way. Are you still going to take the elements of the Lemon test when you file briefs and sort of think of it in those structures, like, is there a secular purpose? How entangled are you going to be? Or is the court not even going to care about those factors? They’re just going to say, well, there’s always been a cross on this public school for 50 years, so why take it down now?

Speaker D: I think that any reference to the Lemon test or those three factors, the three, um, prongs of the Lemon test, is going to be toxic. You’re just going to be running into a brick wall of them saying, lemon is no longer good law, whatever. I think as litigators, you have to avoid that. So you instead analogize to specific cases and make the broader points. You don’t talk about secular purpose. You talk about whether the government is promoting religion. Right. So you just do your language carefully to talk about it, um, in broader terms. But, uh, the practical reality of it, and I hate to be kind of I feel like this is a cynical take, but if you look at the center of the Supreme Court right now, um, people like Kavanaugh and Roberts, where do they want the law to be? And they are, of course, just to clarify, they are not centrists by any stretch. Sadly, they’re the closest, uh, thing we have to swing votes right now. I think there’s a pretty strong indication that they would like the Establishment Clause to be limited to actual coercion. And so that is a level that if they can get it there, I wouldn’t be shocked if they would take it that far, where they would say, if you have a state or a school that’s actually requiring kids to pray, we will draw the line there. That’s going to be the discussion that they want to have is what qualifies as coercion? What’s the definition of that? Um, but if all it is is something like a cross on the outside of public property, they’re going to say, not only is this not an Establishment Clause violation, but also we’re probably not even going to let you have standing because they’ve taken issue with what they like to call offended observer standing, right? Things like public displays of religious iconography. They’re going to say, nobody has the right to challenge this in court. You don’t even get in the courtroom door. We don’t want to hear it. That’s the first way out. And then if you do get there, then they’re going to dive into the tradition and find some sort of justification to keep it up. So I think that religious display cases are headed in a really bad direction. And then the cases of public funding and prayer in public schools, they’re going to get worse before they get better. And I am afraid that that’s the worst case scenario where I could see them drawing the line is actual coercion.

Speaker B: So for older cases, Christian prayer over the loudspeaker during class, Ten Commandments on the wall, teachers giving lessons about the Bible and how it is the only true religion that you are allowed to opt out of, all of these are on the table, it sounds like.

Speaker D: I think, sadly, that’s the case. I mean, we will be fighting it every inch of the way and there’s at least hope, right? So what I was just describing, that’s kind of the apocalyptic worst case, right? I think that there is a chance because the people on the Supreme Court, as much as we disagree with them, they’re not idiots. And so they do understand things. Like when you’re in the minority and you’re a child, uh, in a public school and you have a prayer over the loudspeaker, of course that’s coercive, right? That’s massively coercive. So even if they’re viewing it from that perspective, I think there’s a good chance that we would be able to win over five votes on a lot of those cases. Uh, but it’s going to be a battle. And there are definitely a couple of elements on the supreme Court that are worse than that. So they’re just a cause. So I don’t think we’re going to see unanimous decisions in favor of state church separation anytime soon.

Speaker B: Wow. The fact that you have to scramble for five in that sort of case instead of, uh, a unanimous court like we had in Brown versus board of education is sad. It’s a sad state of affairs for people who are interested in keeping government out of religion. It really is. But on a bright note, something just came across the wire today. Roberts and Gorsuch, I believe, sided with the liberal side of the court and held that, uh, is it Georgia or Alabama? I think it’s Alabama. Alabama needs to redraw their districting lines because they were discriminating. They had a discriminative effect against black people in the state. Uh, I don’t know if you’ve seen this or not.

Speaker D: I did. I mean, I just saw the kind of headline I haven’t read the case, but I know that this was kind of shocking because of everything I was just saying that people that make up of this court and they say, oh, man, we’re completely screwed. But then occasionally reason prevails.

Speaker B: Right? Yeah, I saw I had the same effect. I did read the syllabus real quickly just to get through it, and I didn’t process it very much. It’s not my forte. But there are people who can have the skills to convince the supreme Court to move to the left when needed. And, uh, you guys, freedom from Religion Foundation have those skills. You certainly have those skills. I’m really, really thankful we were able to engage in this discussion. I really appreciate your time. We are over time. So I wanted to wrap it up, but first I wanted to ask you two more questions. Do you have any other last thoughts you want to get out, uh, about the state of these issues? And then how can people support the Freedom from Religion foundation?

Speaker D: So the way you can support the Freedom from Religion foundation? There’s a couple of ways. You can go to our website, which is ffrf.org. Follow us on social media. If you have the means to support us, you can become a member, which that’s as inexpensive as $40 a year to become a basic member. And you get a bunch of stuff you’d be, uh, signing up for if you want it. And then also, we have a new C, uh, four we’re excited about called the Fffrfaction fund. So you can go to fffaction.org. So this is a new lobbying arm that we have created. So I’m very active in that we’re excited about that opens some new avenues for us. So something else you can check out. And again, follow us on social media.

Speaker B: Excellent.

Speaker D: Don’t really have anything else to add to the substance of it. I think we’ve covered the ground.

Speaker B: We really have. Ryan, I cannot thank you enough. It has been the thrill of my life to talk to somebody like you who is whispering in the ear of the Supreme Court, and I hope that my listeners have gotten as much enjoyment and education as I have. I really do. Thank you for your time.

Speaker D: Well, I thank you. Your podcast is new, but it is fantastic, and you have won me over as an, uh, immediate diehard listener. So keep up the great work, and thank you so much for having me.

Speaker B: Thank you so much. And there you have it.

Speaker A: That’s my interview with Ryan Jane of the Freedom from Religion Foundation. Again, I cannot thank everybody enough for participating. Ryan was extremely generous with his time. Please go and donate@ffrf.org and help keep religion out of our government. And keep government out of our religion. Thanks for listening. I’ll see you again soon.

Speaker C: This has been the Cross examiner podcast, the Internet’s courtroom in the case of Rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon.

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The Cross Examiner Podcast S01E08 – Interview w/ Ryan Jayne of The Freedom From Religion Foundation (Pt 1) https://www.thecrossexaminer.net/2023/06/11/the-cross-examiner-podcast-s01e08-interview-w-ryan-jayne-of-the-freedom-from-religion-foundation-pt-1/ https://www.thecrossexaminer.net/2023/06/11/the-cross-examiner-podcast-s01e08-interview-w-ryan-jayne-of-the-freedom-from-religion-foundation-pt-1/#respond Sun, 11 Jun 2023 22:56:08 +0000 https://www.thecrossexaminer.net/?p=1777 I am super excited to be able to bring you this interview with Ryan Jayne of the Freedom From Religion Foundation!  (https://ffrf.org/)  Thank you to Ryan for giving me so much of his time to help educate both my listeners as well as me on the great work that FFRF does in the fight against...

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I am super excited to be able to bring you this interview with Ryan Jayne of the Freedom From Religion Foundation!  (https://ffrf.org/)  Thank you to Ryan for giving me so much of his time to help educate both my listeners as well as me on the great work that FFRF does in the fight against religious intrusion into our secular government.  Please support them any way that you can!

RYAN’S BIO:

Ryan is Senior Policy Counsel for FFRF’s Strategic Response team. He received a B.A. in philosophy from the University of Wisconsin-Milwaukee Honors College in 2007. After graduating, Ryan taught piano and chess lessons while working as a financial advisor until 2012, when he began law school at Lewis & Clark in Portland, Oregon. In law school he focused on intellectual property and animal law, serving as an associate editor for the Animal Law Review at Lewis & Clark and co-founding the Pacific Northwest’s first Secular Legal Society. Ryan graduated cum laude in 2015, began working with FFRF in January of 2015, and became a Diane Uhl Legal Fellow in September, 2015, specializing in faith-based government funding. Ryan became an FFRF staff attorney in September, 2017.

Automated Transcript

Speaker A: This just in.  Terrorists have attacked a lawyer convention. They’ve taken everyone hostage, and they are threatening that if their demands are not met, then every hour on the hour, they will release one lawyer.

Speaker B: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rash nationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner.

Speaker A: Welcome. Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in this country and more importantly, the massive amount of misinformation that is powering that rise. I seek to bring my experience as an attorney and as an atheist to help educate and entertain. My goal is to arm you, to give you the facts about the legal system, about what the law says, what the Constitution says, so that when you’re confronted with this misinformation in your life, you can push back in an informed way. And today, I think I’m going to be able to do that better than ever, because today I am interviewing a very, very important guest. His name is Ryan Jane. He works for the Freedom from Religion Foundation. FFRF if you are unfamiliar with the foundation’s work, I encourage you to listen to this episode.

Speaker A: Thank you.

Speaker B: You already are. But I also encourage you to check out their website@ffrf.org. There you can contribute to their efforts to help protect us all from the intrusion of religion into government. And you can get more informed, and you can also ask for help. And we’ll get into that with our interview. One note before we get started. This was a remote interview that we did over Zoom, and we use Zoom to record it. I think it sounds pretty darn good for a remote solution.

Speaker A: But we are not in a studio.

Speaker B: I’m not normally in a studio. I do this in my basement. I do this as a public service. It’s volunteerism on my part. I’m just noting the method, because if there are any sound issues, and I don’t think there are, they’re my fault, not Ryan’s.

Speaker A: So moving on, I don’t want to.

Speaker B: Waste any more time. I want to get straight to this interview. I have to say that Ryan was so generous with his time that we are going to be doing multiple interviews. This is part one of my interview with Ryan Jane of the FFRF.

Speaker A: Let’s go to the interview. So welcome to Ryan Jane of the Freedom from Religion Foundation. Thank you for joining me. Absolutely.

Speaker D: Thank you for having me.

Speaker A: I’m so excited to have you here. Uh, as I said on a previous episode that I have recorded, I haven’t published yet. I hope I don’t fanboy too much about your presence here because you have the perfect lawyer job. So I’m going to embarrass you a little bit as I read off your credentials, if that’s all right.

Speaker D: Sounds good.

Speaker A: Okay. So you got a BA. In philosophy from University of Wisconsin, Milwaukee. Correct me if any of this is wrong. You graduated law school from Lewis and Clark in Portland, Oregon, where you focused on intellectual property and animal law. You were there. The associate editor of the Animal Law Review, which is a pretty big deal. Being an editor on any law review in law school is kind of a big deal, isn’t it?

Speaker D: Yeah. Uh, I thought so at the time, at least. Yeah, it’s a lot of work, though, I would say.

Speaker A: Absolutely. And your notes say that you co founded the Pacific Northwest’s first secular legal society.

Speaker D: That’s right, yeah. A friend of mine and I in law school were both atheists and interstate church separation. Noticed that there wasn’t a student group dedicated to that anywhere in the, uh, region, and so we decided to form one. And that was actually what first got me connected to FFRF. We had, uh, Andrew Seidel, who at the time was, uh, an attorney with the foundation, as a guest speaker. And I met him there and turned it into an internship. And the rest is history.

Speaker A: That’s amazing. It’s funny how these little connections can really change your life. It sounds like. It really. Did you then graduated cum laude from the school, so big props there. And did you begin immediately working for the foundation right away?

Speaker D: I did my last semester of law school. I externed, uh, back in Madison, Wisconsin, which is where FFRF is based. And I just threw everything into it because I knew that if I could land a job in state church separation, that is my absolute dream job. Uh, plus, I happen to be from Wisconsin, so it wasn’t too bad living in what to a lot of people, would be the middle of nowhere. Madison, Wisconsin, was fine with me. So I threw absolutely everything into it, trying to sell myself. And, um, they haven’t gotten rid of me yet, so I guess I did an okay job.

Speaker A: You’re doing something right. Yeah. Or they haven’t noticed you. So my notes indicate that you started as a Fellow, and then you became a staff attorney pretty soon after that, like, a year or two later. Is that about right? Yeah.

Speaker D: Our fellowship program is for young attorneys, and it’s a two year program. So you’re a fellow for two years. And the main idea is to educate young lawyers, teach them about state church separation, and then kind of send them off into the world. Um, but of course, I didn’t want to leave the nest, so I convinced them to make me, uh, a full time staff attorney after that.

Speaker A: Nice. Excellent. So where are you now? I think the title I saw was strategic Response senior, uh, Policy Council. Is that the right title for you?

Speaker D: Yeah. So our Strategic Response team handles our policy matters, uh, legislative tracking and also rapid response issues. And, uh, so my title is Senior Policy Counsel. So most of what I do now is handle policy at the state level. I track legislation across all 50 states, uh, write policy statements for us, and I still do some litigation and work with the legal team on other matters. But mostly I do policy and education stuff, which I really enjoy.

Speaker A: That’s amazing. Uh, it must be hard to keep track of everything, especially now with the rise of this sort of Christian nationalist push to move religion back into government. It must be hard to keep track of everything that’s going on in every.

Speaker D: State is incredibly hard. We are part of, uh, a coalition of other secular organizations. Uh, and then also, I have a sort of partner in crime here at Fffrf who is also named Ryan. Ryan Dudley is our, uh, state policy manager. So between the two of us and then all of our coalition partners, uh, that’s a big part of our job, is just trying to keep track of everything because it’s just like this endless flood of, um, mostly bad bills, but also some good stuff we can support, too. So, yeah, it’s juggling a million things at the same time. Um, but it’s interesting, and it’s something different every day.

Speaker A: Please tell me you’re collectively known as the Ryans.

Speaker D: I’m afraid so.

Speaker A: Okay. I figured, I think legal precedent dictates you must be known as the Ryans.

Speaker D: Yeah, that’s exactly right. You have to refer to it that way.

Speaker A: Absolutely. So what did attract you to church state separation issues?

Speaker D: Well, I’ve been an atheist my entire life. My parents were kind of raised moderately religious, but decided when they had kids to just not discuss religion with us. So, naturally, uh, that led me to being an atheist because I wasn’t indoctrinated as a kid. And I became fascinated with religious belief because when I was a kid, I thought that surely, uh, this was something that grown ups knew was not true. I learned about Santa Claus, and that wasn’t true. And when I learned about God, I assumed it was the same thing, that this is just everyone knows this is just something you tell kids, and then at some point, everyone learns it’s not true. And it wasn’t until really I was in middle school, I think, that I realized that, oh, my God, grown ups actually believe this stuff. So I became really fascinated. And that’s why I studied, uh, philosophy. Largely, I focused on philosophy of religion because I wanted to learn more about why do people believe this? And, um, of course I want to know. Am I missing something? If I’m wrong about this?

Speaker A: No.

Speaker D: So I did a really deep dive into apologetics, uh, and counterapologetics and got really into that realm of things. And then what I learned was that religious belief impacts our society in so many ways. And, um, most of them I felt and still feel were very negative. And it’s like, if we could remove the religious, uh, component of people trying to impact our policy, things would get better just across the board in so many different ways. And so I’ve never had a problem with people being religious, but people getting involved with public policy and inserting their personal religious beliefs on other people has always really bothered me. So then, of course, when I found out about state church separation, my eyes just let eyes are like, this is exactly what I care about. So, um, I never dreamed that I could actually get a job in state church separation until I was in law school and formed a student group related to it and then just kind of fell into it. So that was just sheer luck. Um, but, yeah, I’ve been passionate about it for decades now.

Speaker A: Well, we’re extremely lucky that there are organizations like FFRF that will hire people and give them jobs for this particular purpose. I will echo everything you said. We are brothers from another mother. As far as our experience, uh, the one difference is, I was naive enough when I was younger going through that thing I just said, well, there must be support for these beliefs because everybody believes it. And then when I went into my research phase and my apologetics phase and found out there’s no support not that there’s kind of weak support. There’s, like, no support for these core beliefs, that’s when I entered sort of my angry atheist phase of, like, uh, how can people be not talking about this? And so at that point, the same thing. I went through the same experience, but you ended up with this position. Do you realize that you have a dream job for many attorneys who went to law school, incurred seven years worth of graduate debt right. And then found that they couldn’t go to FFRF or similar organizations and had to go work for big corporations?

Speaker D: Yeah, I believe it. My little brother is a, uh, lawyer, too, and he works at a law firm, and he likes his job. And I have other lawyer friends who are in kind of the corporate world, and some of them like it more than others. But, uh, yeah, without a doubt, um, i, uh, know how lucky I am that I was able to get a position doing something that I love.

Speaker A: I think one of the things, uh, that I’d love to do an episode on later is what we can do as a society to encourage or incentivize attorneys to do more of your type of work. What can we do from a policy perspective? So thank you. Thank you. Thank you for doing what you do for FFRF. And that leads to my next question is what is the FFRF for listeners who are not familiar? What is their mission and what do you do with them on sort of a day to day basis?

Speaker D: Sure. So, the Freedom From Religion Foundation, uh, has been around since the 1970s, and we have two mission statements. So one is to fight for the constitutional separation between religion and government, and, uh, the other is to educate the public about non theism. And FFRF has been active in both litigation and education since the 1970s, uh, but it really picked up steam in the late 1990s, early two thousand s. And then since then, it’s been just growing and growing. So we have about 40,000 members now, and those are actual dues paying members. We have many more followers than that on Facebook. We’ve, uh, been to the Supreme Court one time and have gotten most of our kind of fame and notoriety from, uh, uh, law cases. But, uh, we also are, I think, pretty well known for just getting involved and solving people’s state church problems outside of court. So we’ll often get complaints about someone who says, my kid is in elementary school and they have a teacher, uh, who’s pushing religion on them. What can I do? And so what we do is we’ll write a letter to the school district and say, we got this complaint. We keep our complaints anonymous, but we say, here’s the problem. This is the teacher who we heard this about. And a lot of the time, the school district or other government entity will look into it and say, yeah, you’re right, we’re going to put a stop to this. And, uh, so that’s a big part of what we do. And sometimes that gets media attention. So we get to do fun things like go on local news programs and talk about it, and incur the wrath of local zealots who happy about us sticking around their community. So, uh, yeah, that’s pretty much what we do. And for me, on a day to day basis, um, when I was first here, I wrote a ton of letters like that. So I would come in and I kind of look at what complaints had come in, what I could take action on. And that’s what I did. I drafted letters, I gave media interviews. Uh, and then I got involved with our lawsuits, too. And then a few years ago, I transitioned into doing what I do now, which is more policy work. So I focus on tracking legislation, trying to help influence, uh, what state legislatures are doing. So to stop bad bills, promote good bills, uh, we weigh in on some administrative rules, things like that, and trying to generally educate and influence public policy. So it’s a different sort of work. But, um, especially with the way that courts have been going, which, if any of your listeners are not aware, is not great, the direction that courts have been going, uh, regarding the establishment clause is problematic. So the focus on state policy, I think, uh, uh, is more important than ever. So I’m happy that that’s the area I’m able to focus on now.

Speaker B: Me too.

Speaker A: Uh, I was describing FFRF to somebody the other day, and I said, if you are familiar with Jefferson’s wall of separation between church and state, FFRF are the soldiers standing on top of that wall look out all the time to prevent the invasion of these unconstitutional methods, uh, from creeping into our country. So thank you so much for doing what you do. It sounds, uh, fascinating. I know you handle FFRF and you specifically handle big issues and small issues, uh, writing letters for that one student who’s experiencing this problem versus threatening a lawsuit against a state. And I have two examples to go over of recent things where FFRF has gotten involved. So, on the big end, I did a show about all these bills in Texas where they’re trying to push religion into public school. And we’ve got a, uh, bill that’s trying to mandate the Ten Commandments to be posted in every classroom that has since, um, failed to get to the floor for a vote on a technical reason. We have the hiring of religious chaplains to be staff in school and proselytize and preach and teach. And we have the mandate is that boards will be able to mandate that a period of prayer be made available to students. Biblical reading, prayer, other religious texts. You can opt into it. It’s not an opt out. You have to get a permission slip. So those three bills are blatantly unconstitutional. And, uh, if I recall correctly, you responded directly and quickly to the Ten Commandments one.

Speaker D: We did. So it’s a rare thing that, uh, in our position, we’re able to just flat out say, we are going to file a lawsuit if this bill passes. And we were able to do that here. Uh, when the Ten Commandments bill was moving through the Texas legislature, we knew without any doubt that if this thing becomes a law, it’s going to get challenged and we’re going to be the ones who are leading the vanguard on it. So the nice thing about being the organization that says that is that you get kind of the media interviews. So I was on Texas Public Radio. They had me and someone from the ACLU on, uh, talking about it. So, yeah, it’s, uh, fun, and it’s very impactful to do big kind of national impact litigation type work like that. But it’s also, of course, it’s terrifying that Texas is doing things like that and doing what we can to stop it. But the idea that what if you lose? What if you challenge a, uh, law like that and the court upholds it? I mean, that would just be tragic. So, yeah, luckily, Texas, for the time being, has been spared of that one particular bill.

Speaker A: Your comment just there struck me with something I hadn’t thought of before as the soldier on the wall of separation. You see things coming that most people don’t. You see it earlier and you understand its seriousness. Do you ever get that feeling that you’re the Paul Revere doing a ride around the country to try to alert people and you’re worried people aren’t going to listen?

Speaker D: Yes, absolutely. Uh, it’s part of our educational outreach. We try to get out to as many people as we can as early as we can, when we see what’s kind of coming down the pike. And of course, you don’t know for sure what’s going to actually pass, what’s going to be as harmful as you think it is going to be. But we absolutely feel that way. Like, we’ll see something and say, hey, no one is talking about this and this could be really bad. So we try to get the word out.

Speaker A: Got you. You also work on small issues as well. And one example I found when I was researching your work is you wrote a letter to my home state of Maryland very recently. A couple of months ago, uh, Maryland was contemplating removing old unconstitutional requirements from our laws where tests of faith, religious tests in order to hold office, things like that. Can you tell me a little bit about that and why you took the time to do it? Yeah, absolutely.

Speaker D: So this is a bill that would have removed, as you said, outdated religious language, uh, from the Maryland Constitution in articles 36, 37 and 39. So I submitted testimony to a legislative committee that was considering this bill. And, uh, what this language says is it says that no religious test ought ever to be required as a qualification for any state office, which is similar to the no religious test clause that we have in article six of the US. Constitution. But then the Maryland Constitution goes on to say, quote, other than a declaration of belief in the existence of God. So it specifically says that discriminating against atheists is okay. And, uh, the kind of amazing thing about this specific Maryland provision is that it was the subject of a US. Supreme Court case in 1961, which is called Torcasso v. Watkins. And, uh, for one thing, there’s an Fffrf connection because Ray, uh, Torcasso, uh, was a friend of Fffrfs, was an honorary board member. And so we have interest in it. But also, it’s just that is language that, uh, it’s discriminatory and it ought to go. So we thought this was a great bill. So I wanted to write in support of the bill to get rid of this old language. So that’s what I did. I just wrote testimony encouraging the committee to pass the bill. And unfortunately, they didn’t. They just let it sit there, which is common. Most bills die in committee and that’s what happened.

Speaker A: Got you for our listeners. Maybe you can explain. If it was found constitutional, why wasn’t it automatically removed to begin with? Why did it take a bill to remove the language?

Speaker D: Yeah, it is kind of a weird legal fantasy that we have that even when the US. Supreme Court says that a particular law or state constitutional language cannot be enforced, uh, that doesn’t automatically remove the language from the books. So the state legislature has to go in and say, we want to take action to update our laws to remove this language. And, um, I could see people asking, why bother removing language if it’s inoperative? Are there more important things that we could do? Um, and my response to that is, first of all, if I were in Maryland, I would want to be proud of my state constitution, and I don’t want discriminatory language in there. But also, maybe more to the point is we’ve learned, if nothing else, from the Dobbs decision last year, that old unconstitutional laws don’t always stay inoperative. Like in my home state of Wisconsin, a Civil War era abortion ban sprang into effect the moment Roe v. Wade was overturned. And in the past, we had attempts to remove that law, and they were met with the same question, why bother? It’s not enforceable anyway. And now it’s suddenly, uh, a live law. And so we’re kind of scrambling to get rid of it and we can’t right now. So that’s the other thing is, I think when you have this old unconstitutional language, it is absolutely worth the effort to get in there and get rid of it.

Speaker A: Absolutely. Those are both excellent points, and you face an extra barrier, uh, in addition to those arguments, at least in my experience, politicians are, ah, nothing if they’re not good game theorists. And they say, well, the game theory on this is lose lose. If I support a bill that is removing the requirement that you believe in God to hold office in Maryland from the Constitution, if I support it, my opponent is going to say, see, my opponent wants to remove God from the country. This is why we have a problem, even though it’s already been removed by the courts and it’s inoperative and it’s unconstitutional. All of those things. We live in sort of a Trumpian post fact world where that doesn’t matter. If I support it, I’m going to give ammunition to my opponent and nobody’s talking about it, so why risk it, right. Why stand on principle? Do you run into that when you make these arguments?

Speaker D: Yeah, absolutely. I think that is just a political reality. I mean, it depends entirely on your constituency. Um, being called an enemy of religion might be a big political problem in some places, but many voters would be in favor of this change. But the trick is, if you’re a, uh, sponsor of a bill like this, can you get enough co sponsors who not only like the bill, but are willing to put their name on it and willing to vote for it and kind of incur that blowback. And I think, without a doubt, that happens where you have a bill that a majority of lawmakers would like to pass if they could do it with kind of political cover, but they don’t see it as being worth it.

Speaker A: Yeah. We’re talking about different types of cases. What are your favorite types of arguments or cases to work on for FFRF?

Speaker D: Overall, I’ve always cared most about issues that have a, um, meaningful impact on someone. So that includes, uh, all the public school complaints that I’ve worked on, pretty much where we have, in particular, teachers or coaches imposing religion onto young kids, uh, and then also funding issues. I’ve been able to play a part on stopping several programs that gave taxpayer dollars to churches in New Jersey. Specifically, it amounted to millions of dollars over several years in a case in front of the New Jersey Supreme Court. Uh, so those are the most important cases to me. Uh, but really, I get pretty fired up about anything that’s state church related, which is why I work here.

Speaker A: Right. Excellent. As we all do. As we all do. You just have an effective outlet. The rest of us just sort of rant into the void.

Speaker D: That’s what you do in your free time, right?

Speaker A: Exactly. In fact, uh, you just provided me with a perfect segue to something I wanted to bring up. In the last 48 hours, I’ve seen two issues that made me think of FFRF. Like, just right off the top of my head, a big one is today, or I think yesterday, oklahoma approved the nation’s first religious charter school. I assume you’ve heard about that. What are you guys reaction ah, to that?

Speaker D: Yeah. So that one it’s actually an example, in a way, of what you were talking about earlier, about kind of being Paul Revere and calling something ahead of time. I had a school complaint a number of years ago in Chicago, uh, where I was complaining about a charter school that was secular, but they were renting space at a religious school, and there was this giant cross outside of this public charter school. And so I wrote to them saying, hey, you got to cover up the cross or something. You can’t have school kids being forced to go into this school that has religious iconography all over the place. And I was kind of amazed that the response from Chicago Public Schools was, they said, we’re not sure that the establishment clause applies to public charter schools.

Speaker A: And I, wow.

Speaker D: Holy cow. Like, this is a really scary line of reasoning, and if Chicago Public Schools is willing to make it, we’re going to see this elsewhere. So, um, I have been kind of reminding other lawyers in the field of, like, this is going to be an issue. I know, they’re public schools, but, um, there are going to be religious charter schools at some point. And so, um, here we are now, specifically in Oklahoma. This has been a proposal for a while now, for several months. So we knew that this was possible. And there’s some drama with the Attorney General’s office where an old opinion supported it, and then a new attorney general came in and said that it’s unconstitutional. So it’s kind of a mess. And there is definitely infighting going on in the state, uh, house of Oklahoma over this. So we are hoping that that sort of resolves itself. The Attorney General of Oklahoma, who’s a very conservative guy, is going after this because he correctly sees this is totally unconstitutional. So he wants to put a stop to it. So we’re hoping that he is going to be successful. Um, but we, along with a lot of other secular organizations, are absolutely ready to get in there and fight that out in court as needed. Because if this is allowed to, uh, exist, a Catholic public school, you will absolutely see them start springing up all over the country.

Speaker A: Absolutely. It’s good that you brought up the Attorney General. I had a quote put aside of something that he said that sort of spoke to me. He said, quote, it’s extremely disappointing that board members violated their oath in order to fund religious schools with our tax dollars. And that’s something that not a lot of people bring up. I don’t know about you, but as an attorney, I took an oath when I was admitted to the bar to support and defend the Constitution. People of the military take that oath. People who are politicians and go get elected and serve take that oath. Judges take that oath. Everybody involved in this takes an oath to support and defend the Constitution. And yet we see these religious organizations and religious operatives who have taken that oath time and time again violate the most important law of our country. Do you understand why? Uh, how are they rationalizing that?

Speaker D: I guess, yeah, I mean, it’s absolutely right. I’ve invoked that a few times in my letters of complaint to people saying, hey, you swore an oath to uphold the First Amendment, and here you are violating it. Willfully. Um, and probably we should invoke it more than we do. But I think that to play devil’s advocate, uh, it’s a squishy business when you’re trying to say, well, what does the First Amendment mean? And there’s always arguments on the other side. So that I think if they had to justify it, that’s where they’d have to go, is to say, well, I’m upholding my interpretation of the Constitution.

Speaker A: Right. Yeah. In many cases, that’s a reasonable discussion. Honest people can differ on the meaning of the Establishment Clause and free Exercise Clause, and they have in history. So it’s an honest one. But it starts straining credulity when you start seeing. Things like, hey, I want to put the Ten Commandments up on the wall of school, but I think the constitutional allows that.

Speaker D: Absolutely right. And when you have people who just deny that state church separation exists at all, you’re at this point just denying clear history.

Speaker A: Now, one other thing on the Oklahoma one, uh, there was a recent Supreme Court case where the court ruled that states cannot discriminate against religiously affiliated schools in its school voucher program. Do you think that is going to be applicable here? Is the argument going to be, well, that’s taxpayer money going to a religious school, what’s the difference?

Speaker D: I do think that’s the argument they’re going to make. And yeah, that case is espinoza. So the way I think that you should be thinking about these cases is, in the past, states tried to walk a line where they said, okay, we’re going to fund private schools, but only if there’s teaching secular education. And Espinoza has come in and told the Supreme Court is telling states, you can’t do that if you’re going to fund private schools, you have to fund religious education. And I think that’s absolutely wrong. That should be a violation of the establishment clause, because you’re forcing taxpayers to pay for religious education. One of the core motivations behind the establishment clause was stopping exactly that. So I think it’s outrageous, but that’s currently the law of the land. Now, the question here is going one step further, where the state is saying we’re going to fund public education, but administered by a private entity. And the question now would be, can they then exclude religious education on the grounds that it’s a public school? And it’s almost unthinkable that the Supreme Court would allow that. Just the entire history of public schools has always been that there’s no one really doubting that public schools cannot include actual religious education. That’s been pretty well agreed upon, even from very conservative religious litigators. So it’s hard to imagine them going that way. But if they do, the next step that states would have to decide if you don’t want to force this on taxpayers, is to say, well, the Supreme Court has forced us into the position where public funds only go toward actual public schools. We would love to have charter schools and give people school choice. But the Supreme Court has foreclosed that because they’ve said if you do that, you have to fund religious indoctrination.

Speaker A: And that’s a common situation that’s used on both sides. There was a case, I don’t remember it, small case. I think it was texas. It’s usually Texas, but the local board decided to allow religious advertising on buses. And as soon as that happened, the American, um, Atheist Association or somebody started putting up all of these you don’t need God, god is not real, these sorts of things on buses. And everybody got freaked out. And it was the same logic, well, if you’re going to let somebody play in the playground. You got to let everybody play in the playground. And then what did they do? They said, oh, well, we didn’t intend this. And then they revoked that policy. And now they took it away because they would rather have no discussion of religion than have a, uh, fair discussion of religion. So from what I’m hearing from you here is the court has, in my opinion, I think your opinion, erroneously framed this as if you are going to fund private schools through a voucher program, then you must fund all schools. You must let everybody play in the pay ground. And so that we’ll be back at the bus situation, we have to decide, okay, no religious discussion on the buses or everybody gets to discuss.

Speaker D: Yeah, that’s right. I mean, the only difference, because you see this a lot with holiday displays, too, where you get if you have a government that wants to put up a Christian nativity and it’s government sponsored, um, that’s unconstitutional if it’s a standalone display. The Supreme Court has been pretty consistent on that. But the one loophole they could do is they could say, well, we’re going to bring in private entities and let them put up their private displays. It’s not government speech anymore. And they do that, but then they have to open it up to everybody. And that’s when the Satanists show up.

Speaker A: Right.

Speaker D: Everything’s, uh, that is a similar situation. But the difference here, of course, is that you’re paying for this with taxpayer dollars. So different than just opening a forum where you’re letting people come in and speak.

Speaker A: That’s a great point.

Speaker D: This is actually forcing taxpayers to support it.

Speaker A: Yeah. My wife, when she heard about this case, uh, her first response was, how long until we have the first Church of Satan school, public school in the country, if this Oklahoma thing stands, so watch out. Um, so the other issue that I ran into within the last 48 hours that made me think of your foundation was a Reddit instance, by the way. Uh, I, like many people, will explore the atheist forums on Reddit. And I saw a story of somebody saying, hey, my daughter just came back from a city sponsored camp. Summer camp has started, and she’s nine years old. And unbeknownst to us parents, the camp, which is city run again, brought in somebody, a member of the Good News Club. And that person started preaching about Jesus and telling the kids they needed to pray or they would go to hell. And this nine year old girl told her mother. I felt so embarrassed that I felt like I had to pray. So I pretended to pray, and I didn’t know what to do. And this person posted this story on R atheism. And pleasantly, the very top massively upvoted response was, somebody said, you need to contact the Freedom From Religion Foundation today. So that’s that sort of small case. Uh, I actually reached out to that person, telling them, hey, I’m going to be talking to somebody from them. Can you give me more details? And they did. And I actually made a few phone calls to the Parks and Rec Department around the city and nobody was answering their phone. I don’t know if it’s made the news yet, but have you experienced this good, uh, News Club, uh, trying to sneak in and tell nine year old children that they’re going to go to hell?

Speaker D: Absolutely. We have. And to echo all the people on that reddit forum, uh, anyone who’s in a situation like that absolutely should reach out to us. We have a forum on our website and this is our bread and butter is trying to resolve situations like that. And these are the sort of circumstances that frankly just really pissed me off. And no matter how tired I haven’t had my coffee yet, I will drum up the energy to write an angry letter to try to fix that because it is so outrageous. And so for people who don’t know, the Good News Club had a case before the US. Supreme Court. And what they do is they have these religious clubs that take place typically just after the school day in a public school. And so they’re trying to blur the line between the normal actual school day and the religious club. But legally, what they’re doing is they’re renting space at the school, so it’s not the government putting it on, so therefore they’re allowed to be there. Just like churches sometimes rent schools for their Sunday worship program, which is legal. But we often see the Good News Club and similar organizations trying to step over that line if they can get away with it. And this is a perfect example of that, where having someone come in and advertise for that religious program during a city, uh, sponsored summer camp, that’s outrageous and that’s not acceptable. So, uh, hopefully that’s the sort of situation that we can talk to an attorney for the city who will sort of see reason once we lay out the law for them and, uh, we’ll do the right thing, make sure that doesn’t happen again. But yeah, that’s the kind of thing that we see every day.

Speaker A: How often do you find and you may not get to this level, how often do you find that this sort of organization and to be clear, just to give our audience a little more background on Good News Club, the organization that runs it is called the Child Evangelism Fellowship. So there is no confusion about what’s going on here. Their mission statement is to evangelize and to indoctrinate five to twelve year olds. That’s their target audience. Much like your project that we’ll get into later in law school, your capstone project was on faith healing. There were religious based neglect of children. Mine was on the master settlement agreement. Uh, between the tobacco companies and all of the state’s attorneys general, this feels very much like this. The tobacco companies knew a big part of that was you can’t m market to children. You can’t produce candy, cigarettes anymore. You can’t put your stuff in Teen Vogue. They got to get them while they’re young or they won’t get them. Have you run into that level of insidiousness? I guess my question is, how much do you find that the teachers know what’s going on and they buy into this? And they do say use terms like, hey, let’s go see your teacher in the other room. How much do they try to make? It like school versus the teachers are blissfully ignorant, and this is just sort of the club alone that’s doing this.

Speaker D: You see both sometimes, but sadly, it’s not uncommon, I think, for teachers to step over that line because they think they’re saving their kids souls. Right. So it’s understandable. They think what they’re doing is good. And as you said, they know that you have to get them young, because if you wait once they become teenagers, it’s usually too late. You see this, too, with the Gideons that are famous for putting Bibles in hotel rooms, but they also love to camp outside of elementary schools. And it’s typically fifth grade is their magic spot, where they say, fifth graders are old enough to read what we hand them, but they’re young enough that they might actually believe it still.

Speaker A: Wow, I did not know they did that.

Speaker D: Yeah. So they will sometimes partner with fifth grade teachers if they can find one. And they have specific guidelines that we’ve found to, uh, try to seek entrance at the lowest level of authority. So they are instructed not to go to principals or superintendents or school attorneys, because if you do, they’re going to tell you you can go stand on the public sidewalk where you’re allowed to be. But if they can talk to a fifth grade teacher or a teacher’s, uh, aide, sometimes they are not as familiar with the law. And they’ll say, oh, well, let’s just set up a table in my classroom, or set up a table in the lunchroom, and you can put your Bibles and pamphlets there, and we’ll just have all the kids come and grab them inside the school. So we get complaints like that all the time, too. And, um, yeah, that’s exactly what’s going on, is they know this is the time that they can kind of get in and convert kids. So that’s what they’re doing.

Speaker A: Wow. The age makes it even more insidious, in my mind. The fact that they’re playing this flood the zone game of, uh, we know this is illegal, but we’re going to keep doing it, and we’re going to force you to constantly play zone defense is bad enough, but the fact that they’re going after kids like that, like, explicitly strategizing how to reach them is very disturbing.

Speaker D: It is. The other organization that I’m sure a lot of people are familiar with that has similar tactics is the, uh, Fellowship of Christian Athletes. And, um, m maybe there are kind of chapters of them that are really committed to staying within the bounds of the law, but I’ve seen them all over the country, just every they’re just pushing everywhere they can to get around it and to try to reach more kids, and it’s very frustrating.

Speaker A: We haven’t talked about this yet, but now that you mentioned that, do you think the Bremerton case from last year in which the high school coach who was kneeling supposedly. Depending on which Supreme Court justice you listen to. Supposedly just peacefully, quietly kneeling on the field for a moment after a football game in prayer was disciplined for doing so. And the, uh, Supreme Court said, you have to allow that. Do you think Bremerton is going to help this Christian athlete organization?

Speaker D: Absolutely. So that’s the case, for one thing, that specifically made it so that the Lemon test is no longer going to apply to public school Establishment clause cases. So in terms of, uh, litigation, work in the field is a huge difference, and that is well known to lawmakers and also to people who are plugged into the law, who are, um, coaches and teachers and are trying to find ways around it. Absolutely. They see this as a green light. Even to a lot of their minds, it goes beyond the bounds of that opinion, where they are misinterpreting it, or they’re seeing it as just a total green light to say, as long as I’m not forcing kids to pray with me, I can do whatever I want. I can pray right in front of them and subtly encourage them. And I think the Supreme Court has my back. So we’ve definitely seen an uptick in this sort of behavior since then, and I expect that to continue, for sure.

Speaker A: Are you hiring? Yes, we are. It sounds like you and grand needs help over the next, uh, 20 to 40 years.

Speaker D: Yes, we absolutely do. Yeah. If you know any lawyers who want to work in the state church field, we are, absolutely.

Speaker A: We’ll plug your site at the end, and I’ll put a link to the Freedom from Religion Foundation at my website for people who are interested in either joining, supporting you, or possibly working for you. So more to come on that. So you mentioned the fact that you get into these discussions and fights frequently. One concern that I’ve had in starting this podcast, a mild concern, is how much pushback personally, am I going to get as an individual for this podcast or your work there. I found a paper you wrote, uh, an op ed, I guess you would say, entitled Newspaper Prints Death Threat Against Me, in which you describe a newspaper receiving a letter to the editor. Correct. Me if I’m wrong on this, in which the letter says, hey, this Ryan Jane guy is coming into my town trying to do away with religion. He needs to remember that the wages of sin are death. And they printed that letter. Could you tell me a little bit about that and how much that affects, uh, you?

Speaker D: Yeah, absolutely. Well, first of all, it won’t surprise anyone to learn that at FFRF, we get a lot of hate mail, and, uh, we put out a newspaper almost every month, and an entire section of the newspaper is dedicated to the crank mail that we get. So this is both us mail a lot of email, of course, just things that we get from people who are not too happy with the work that we’re doing. And usually we just laugh at it. But the reality is there’s some of it that we get that is more serious or just more disturbing or scary that we don’t put those ones in the paper. So you don’t see those ones. I haven’t had too many that are personally directed at me. But of course, that’s when it gets more, um, legitimately scary. We were in one lawsuit where the cocounsel and I got, uh, a death threat, which was directed specifically at my coworker. And so, uh, it’s one of these where you know that this is almost certainly just a person blowing off steam and it’s nothing to worry about, but it’s credible enough that when that happens, we go to the police and say, hey, there’s a non zero chance that this person is actually going to try to carry this out. So we just need you to be aware. So it’s on our radar all the time. And, yeah, I was amazed. Um, it was a small town in Illinois called Effingham that had, um, a handful of complaints all within one year. So it was just like problem after problem that we were trying to get resolved. So I was writing letters to the school district there, and to their credit, the school district was trying to fix things. So it’s one of these situations where there’s just this pervasive culture in the school of certain teachers and coaches trying to push religion on kids. And once we alerted the administration to it, they actually tried to fix it. But when people in the community found out about this, the way they interpreted it was, oh, uh, this outside organization is sticking their nose in our business, and this is a Christian community. They got to get out of here. And so I’m used to seeing that, and I can understand this person writing to their newspaper and writing this, where they cited Romans 623, as you said, the wages of sin is death. And they specifically said they called me by name. They said, Mr. Jane, you are God’s adversary. The wages of sin is death. And it’s amazing to me that the newspaper didn’t see this as a problem. And I actually, when I put that article out, I got a call from the editor who was kind of upset. He’s like, hey, you said that I printed a death threat. I never would have printed a death threat. This is just this person venting steam. They don’t mean it, basically. And I thought, like, hey, that’s not a call for you to make. This is potentially very scary. So, yeah, every once in a while that does happen, but it is part of the risk that you take, uh, when you decide to work in the state church realm or the atheism realm. It’s just there’s going to be a lot of vitriol coming your way, and occasionally some of it will be scary.

Speaker A: Right. And I can’t think of another topic, and I haven’t thought too deeply on this, but I can’t think of another topic that would inspire as much emotion as religion does. And that surely is the core cause here. What does it say about your critics opponents, about these, quote, people following the Good book, the moral high ground? People supposedly, that you take it as given that you’re going to be getting death threats for just trying to make government entities follow the law?

Speaker D: Yeah. I mean, so many of them are just transparent hypocrites. All you can do is laugh at it. I mean, I will say to not paint with too broad of a brush. There are always people who are normally our opponents in various arenas who will stand up for this for us when this kind of thing happens. They’ll say, hey, this is absolutely non Christian behavior. So, I mean, they’re not all hypocrites, but, um, there’s a reliable contingent of hypocrites that are, uh, that are the ones who are pushing for, you know, putting God back in public schools. There’s no doubt about that.

Speaker A: Right? Absolutely. It reminds me of the length that people will go. The Jessica Alquist case. This was a young lady that was in high school, and if I remember the details correctly, that school had had a Christian prayer hanging on the walls of maybe the gym for a long time. Her father in her place, sued, went to the Supreme Court. The prayer had to come down. And a senator or a congressman said, described her as an evil little thing. This high school girl, this is, uh, a good Christian senator or congressman is saying, well, she’s an evil little thing. And that made the press. And she owned it. To her credit. She owned it and started selling merch and became a very good public speaker. And her tagline is evil little thing. Now, but doing that to a child just because they’re trying to say you must enforce the law has just got to get your blood boiling.

Speaker D: It absolutely does. And it just goes to show the way that religious thinking can warp our normal sense of decency in our approach to the world. Just it makes special rules apply that if you’re defending your religion, everything else is off the table.

Speaker A: Absolutely. That’s a good segue into my next segment. It’s going to be we’re going to spend the rest of the time talking about your studies and research into faith healing and its effects on children in the country. We’ll be back with the second half of the interview in a few minutes. Hi.

Speaker B: Editing cross. Examiner I’m going to end it there. Ryan was so generous with his time that I have a whole nother episode to do of just the conversation about the issues surrounding religious based medical neglect of children. Thank you very much for listening to this episode.

Speaker A: I’m going to try to get the.

Speaker B: Second half edited and posted very quickly. And of course, thank you very much to Ryan and FFRF for allowing him to be here. There will be links to their website online. You can go to www.ffrf.org to visit their site. You can also visit my site at www. Dot thecrossexaminer net. I’m excited about getting the second half of this out ASAP and I’m going to go edit it right now. See you soon.

Speaker C: This has been the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon.

The post The Cross Examiner Podcast S01E08 – Interview w/ Ryan Jayne of The Freedom From Religion Foundation (Pt 1) appeared first on The Cross Examiner.

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https://www.thecrossexaminer.net/2023/06/11/the-cross-examiner-podcast-s01e08-interview-w-ryan-jayne-of-the-freedom-from-religion-foundation-pt-1/feed/ 0 1777
The Cross Examiner Podcast S01E07 – Faith Healing (Part 3) History Of Child Abuse And Rights https://www.thecrossexaminer.net/2023/06/09/the-cross-examiner-podcast-s01e07-faith-healing-part-3-history-of-child-abuse-and-rights/ https://www.thecrossexaminer.net/2023/06/09/the-cross-examiner-podcast-s01e07-faith-healing-part-3-history-of-child-abuse-and-rights/#respond Fri, 09 Jun 2023 18:09:32 +0000 https://www.thecrossexaminer.net/?p=1736 I review the history of child abuse, both religious-based abuse as well as secular abuse.  Starting with the disturbing global practice of “foundation sacrifices” and running through modern times, I describe how the rights of children have not improved that much since before the United States was formed with respect to being protected from their...

The post The Cross Examiner Podcast S01E07 – Faith Healing (Part 3) History Of Child Abuse And Rights appeared first on The Cross Examiner.

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I review the history of child abuse, both religious-based abuse as well as secular abuse.  Starting with the disturbing global practice of “foundation sacrifices” and running through modern times, I describe how the rights of children have not improved that much since before the United States was formed with respect to being protected from their parents’ abusive religious practices.  I discuss why politicians refused to help these children and urge attorneys to seek out cases where we can rescue these children and start to fix the damage done by notorious Christian Scientists in the Nixon administration.

Automated Transcript

Speaker A: Uh, a tourist in a small town is charged with a traffic offense. She asks her tour guide, is there a criminal attorney in town? The guide replies, yeah, but we can’t prove it yet.

Speaker B: Two.

Speaker A: Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner. Welcome to the Cross examiner podcast. I am, um, your host, the cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States, and I am more alarmed by the massive amount of misinformation that’s fueling that rise. I started this podcast to bring my expertise as an attorney and my life experience as an atheist to help entertain and educate you, to give you the ammunition to push back against that misinformation and to fight Christian nationalism wherever possible. I am going to be continuing my series today on faith healing in America. It’s the single best example I can give of this show’s motto of when you believe things based on insufficient evidence, you can hurt people. Right? And that’s where we’re going to go today. But first, I have two special announcements. First is I am going to be appearing on Truth Wanted. This is a show that’s put on every week. It’s a live call in show produced by the atheist community of Austin, ACA. If you are unfamiliar with the ACA, you should get to know them. They are a nonprofit, a 501 nonprofit out of Austin, Texas that is dedicated to the promotion of positive atheism and the separation of church and government. Well, those two things are kind of my jam here, so it’s kind of a perfect meetup to work with them. I have appeared on one of their shows previously, episode of The Nonprofits. There’s a link to that episode, and I’ll post this episode on my website at, uh, thecrossexaminer net. But please do check out ACA. They do a tremendous amount of work. I will be on Truth Wanted this week, which is, uh, June 9, starting at 08:00 P.m. Eastern. It is a call in show that talks about skepticism generally, not religion specifically, but there is a lot of discussion about religion, the basic premise of the show. It’s a call in show, and callers will call in and say, this is what I believe, and more importantly, why. That’s the conversation we want to have. Why do people believe the things they do? And we’ll talk about that. So please listen in. Call in if you want to say hi. I’ll be there again, 08:00 Eastern. Friday, June 9. On to my second big announcement. I will be interviewing on my next episode an attorney named Ryan Jane. You may not be familiar with his name, but you’re familiar with his work. He works for the freedom from religion foundation. FFRF. This is another organization that you should be donating to and familiar with. FFRF are the soldiers who man the wall of separation between church and state. You may remember Jefferson wrote about the wall of separation. Well, these would be the soldiers standing on top of it day and night, waiting to defend the country from invasion by those who would turn this into a religious theocracy. FFRF does many, many things, and we’ll be talking to Ryan Jane about his job there and the FFRF’s role in society as a whole on my next episode. So I’m extremely excited. I hope I don’t fanboy too much during the interview, because these, uh, guys are amazing. And Ryan has an amazing history. And most importantly, his capstone project during law school was about the medical neglect of children by parents for religious reasons. I e killing kids with faith healing. So we’re going to have a lot to talk about. I hope you tune in. But today we’re going to continue our discussion of faith healing in America, and we’re going to be focusing on a very specific aspect of faith healing, and that is an argument that is often overlooked most of the time when there are discussions. If you can convince a politician to even talk about this, which is hard, they will cite the first amendment, the free exercise clause of the first amendment. They’ll cite parental rights. They’ll say parents have the right to exercise their own religion, and they have the right and obligation to bring up their children in society and dictate or teach their religious beliefs, I would argue impose their religious beliefs on their children. So that’s how they frame the argument. Parents have the right and the duty to exercise their religion, and that includes praying for kids instead of giving them antibiotics. The issue that is overlooked that we’re going to be talking about today is what about the children’s rights? What about their rights to not die? So we’re going to talk about this. We have to talk about this before we can review the current state of the law. In fact, I’m sure we’ll review the current state of the law when we talk with Ryan Jane on my next episode. But we have to review the history of children’s rights to understand not only how bad it used to be, but how bad it still is to some degree. And I think you’ll agree by the end of this episode that more work needs to be done in this area, that children’s rights are still a young area of the law and needs to be fleshed out even more. So I’m going to start with something a little out of the ordinary. Well, not too out of the ordinary for me. As you may know, I’m a fan of musicals, and comedy, especially comedy musicals. So as I was researching this particular issue, I had a lot of flashbacks to a lot of musicals and movies that depicted child abuse in a fairy tale sort of way. You may be familiar with some of those depictions, and I’m going to play them now to remind us that we still have this lingering sense, this grims fairy tale sense of telling children stories about child abuse in a, I don’t know, a folk story sort of way. The Hansel and Gretel stories where the story itself is about abandoning children’s in the woods to die. And we tell these tales to kids. It’s been softened and whatnot. But I thought this would be a good way to sort of frame the discussion. So I’ll play a couple of clips, and this will be a quiz. You have to identify which movie or musical each of these clips is from, and I’ll introduce each one. So let’s start with the first one. Where is this from?

Speaker B: It’s a hard knock life for us. It’s the hard knock life for us.

Speaker A: That is from the musical Annie. And specifically bonus points if you identified it was from the 1982 version where Carol Burnett plays the evil drunk Miss Hannigan in charge of the orphanage. This is a trope we’ve seen in movies a lot, the orphanage where the person running the orphanage is a nasty, mean, cruel person. And that’s not too far off the mark, as I think you’ll see when we review the history of the United States, it’s still a real problem in America. All right, moving on to the next one. Where is this from?

Speaker B: Lisa I want some more. What? Lisa I want some more.

Speaker A: Any guesses that is from Oliver? The 1960, I think 460 ish somewhere in the 60s movie based on Oliver Twist. And that was Oliver saying, please, sir, I’d like some more. They’re given just a few spoonfuls of Gruel to feed them and the person in charge, sergeant in charge of the orphanage is outraged, uh, that he would dare even ask for a few spoonfuls more of Gruel. It’s a famous line. Please, sir, I’d like some more. Next we’re going to have a work that demonstrates two masters of this area. One is the actor who is a master at being a mean, vicious person. And the other is the author of the work who is a master at writing about mean, vicious treatment of children.

Speaker B: Listen, you little wiseacre, I’m smart, you’re dumb, I’m big, you’re little, I’m right, you’re wrong, and there’s nothing you can do about it.

Speaker A: There’s nothing you can do about it. That sums up the line that little phrase is from, by the way, the 90s adaptation of the book Matilda, written by Roll Dahl, the master of writing children stuck in horrible situations stories. And that, Mr. Wormwood, is the character depicted by Danny DeVito. Of course, you probably recognize the voice as matilda’s father, Mr. Wormwood, the idiot, lying, deceptive man who is telling his daughter, deal with it. There’s nothing you can do about it. I’m bigger, stronger, smarter than you. You have to do what I say. That’s the history of child’s rights in America summed up in one line. So next, we’ve got a bonus. This is a tough one. You might know it if you’re of a slightly older generation like me when I was growing up. This depiction on screen was one of the most terrifying, nightmare inducing images and characters for children of all time. Let me know if you know who this is.

Speaker B: There are children here somewhere. I can smell them like cockroaches. They get under the floors, in the cracks, in the walls, in the woodwork.

Speaker A: Any guesses? Anyone know? That was the child catcher from the movie Chitty Chitty Bang Bang? Still gives me a little twinge in the back of my neck of fear when I see his visage. He’s got dressed in all black. He’s got this long, pointy upturned nose that’s just unnatural. And in the movie, he is the law enforcement for the kingdom that has outlawed children. Being a child is illegal in this kingdom, right? And the childcatcher tempts children with treats and candies and goes hunting for them in toy shops. The kingdom has a toy shop, of course, because it’s a kids movie, but it’s illegal to be a child. The toy maker is played by Benny Hill of UK comedy fame, and he actually does a great job, even though he’s a goof most of the time on his show. So bonus points if you got that one. Returning back to Matilda now, but a different version of Matilda. Tim Minchin, big fan of his, wrote a musical based on Matilda called Matilda the Musical. It was a huge success on the West End, huge success in Broadway, and Netflix last year turned it into a film. I highly recommend it. It’s wonderful. I recommend the stage play even more. I think it’s better than the film, but they’re both really, really, really good. This is a quote from a character in that film that quarter sort of sums up the popular depiction of British schools, especially during the see if you recognize this character.

Speaker B: What is the school motto, Miss Honey? Bambin est mcgetam. Bambonatum est mcgeetum m. Children are ah. Maggots. Thank you for bringing this one to my attention. I shall destroy it in due course. Good day.

Speaker A: Bambinotum est mageetum. Children are maggots. That is our school motto. That, of course, is the evil Miss Trenchbowl. Again, uh, written by Roll Dahl in Matilda, the book is just filled with horrible parents and horrible officials doing horrible things to children. And Emma Thompson’s portrayal of Miss Trenchbowl is pitch perfect. But I think I’ve saved the best for last. I’m not even going to quiz you on this one because this is brand new, and I honestly think that this is the single best on screen representation in a humorous way of where we have come from in the area of children’s rights in the United States. This is a scene from a new comedy musical series on Apple TV called Schmigadoon. You may be familiar with it. If you love comedy, if you love musicals, if you love musical comedies, you need to watch this show. If you have not done so already, it is hilarious. The first season there’s two seasons. The first season is all about the old Roger Stain Hammerstein era. The Sound of Music, king and I carousel those sorts of Oklahoma, right. Those sorts of musicals. The good old fashioned, good family values musicals. Period of musical history. Season two is called schmicago. And now we’re dealing with musicals from the where things have gotten dark and you start to get things like A Pippin and Chicago and a lot of Sondheim stuff like Sweeney Todd about a, um, barber who’s baking people into pies, right? He’s killing people and baking them into pies. Well, in Chicago, the parody, we have a similar situation. This is obviously an ode to that, and it’s sung and written in the style of Sondheim. But I need to set up the premise for you to really enjoy this. We have Christian Chenoweth playing an orphan headmistress along the lines of Ms. Hannigan in Annie. Christian Chenoweth, I’m sure you know her, even if you don’t know her. She originated Galinda in Wicked on Broadway. She’s, uh, been on a million Broadway shows. She was a big character on the show Glee. She’s a powerhouse singer, uh, and actress. She plays this headmistress, uh, opposite Alan Cumming, who plays a butcher. And the butcher can’t get any good meat. He’s a horrible butcher and there’s no good supply. This is a scene where the two start to compare their two problems, come up with a solution, and then sing a wonderfully, catchy, funny, horrible song about the solution. So I’m just going to play it, comment on it a little bit, and I think if you watch it, you’ll agree. This is the new standard. This is the standard for how we portray the horribleness of how children have been treated in this country. Because all of these shows that we’ve been listening to are funny because they have an element of truth. So here we go. Christian Chenoweth alan Cumming in Schmichago.

Speaker B: Horrible creatures, a lot of them. And they never fight. Me neither. That’s a shame. They’ve taken to these awful pranks. Switch my chin to water. They throw weaponly shoes. They’re dying of pneumonia. Piss baron. I’d get rid of a lot of them if I could. Disgusting. Get out. Get out.

Speaker A: You’ve got too many orphans.

Speaker B: I’ve got too little meat.

Speaker A: Do you see where this is going? Let’s continue.

Speaker B: What if, let’s say I could get rid of some of the orphans and you could get some mate at the same time? What exactly are you suggesting? Mr Blight? Mr Blight, you are in for such a treat. I have got some little dolls. Dolly France here, I bounce that I love for you to meet I’ve got.

Speaker A: Some kids I’d love for you to meet to turn into meet oh, such a great song. I’m going to play a little bit more because it gets even better.

Speaker B: Step right up so I welcome the light but to shop, what can we get for you today? Have you any ham? How about veal? Yes, thank you. Kidney, kidney, belly, calais. Lamb? That’s pam with some jam all in.

Speaker A: Chile as m she’s saying each name that rhymes with each meat she’s parading kids in front of him so he can evaluate them.

Speaker B: I’d love some ground beef weapon till you’re in luck. Which do you prefer? We go? Have you any mutton that will be starting? Perhaps some foie gras?

Speaker A: Baloney?

Speaker B: Tony. Salami, tommy and we’ve also got Ruben, if you like pastrami. But do you have minced meat? Well, since meat is fine, he’s not minced meat instead. Well, please, there are children present. Not for long, because we’re going to kill them and sell them as meat. Ain’t got no dad, ain’t got no mom but are they sad? Are they glor? Now they confront the world that’s fallen with the sweetest love you’ve ever made.

Speaker A: In case you didn’t catch that they say ain’t got no dad, ain’t got no mum but are they sad or are they glum? No, they confront a world that’s vile and mean with the sweetest smiles you’ve ever seen oh, they’re good enough to eat this whole scene if the song goes on, the kids are dancing happily as they’re singing about killing these kids and selling them for me and it works at so many levels. On one level, it’s just funny that the kids would be going along with this. Two, they’re so blatant about it when he says, oh, please don’t don’t say rude words. There are children present. And she says, not for long. That would be where the joke would normally end. And then he goes, no, because we’re going to kill them and sell them for meat. Literally saying exactly what they’re going to do to the audience and to her, just for some reason, just drives even further home. And the next level it works on is that last line I just quoted. They confront a world that’s vile and mean with the sweetest smiles you’ve ever seen they’re good enough to eat these tropes everything I’ve just played to you rests on that presumption, this depiction of the plucky little orphan that is taking this horrible situation and smiling and living through it. And this musical is saying, that’s bullshit, right? These kids would not be behaving this way. They’re sitting here doing like the kids end up doing a tap dance routine and everything. That’s not what’s actually happened and that’s not what is happening. So it’s hilarious on so many different levels. So I thought this would be a good way to remind ourselves that there are still these remnants in our culture of stories and this concept of, yeah, kids can be treated poorly. And Hollywood and our stories tend to tend to say that, uh, they’ll just power through it because they’re kids. I think as we review the history of child abuse and child rights across the world and through the United States, you’ll find that, no, they don’t. They can’t, they can’t fight about they’re powerless and they need we, the people, to protect them from evil parents. So that’s what we’re going to dive into. The rest of this episode is going to have an NC 17 rating because we’re going to have to talk about some pretty nasty stuff. So if you don’t like hearing stories about the facts of our world and what is going on and has been done to kids, you should stop listening now. All right, let’s go into the history. I’ll try to keep this at a high level and, um, we’re going to go far back and bring it all the way up to present. So we’re going to start with a passage that I found in the Bible when doing some research on this topic. This is an obscure passage. You may not be familiar with this because I don’t think very many Bible study groups are going to study this one. So I’m going to read first Kings 1634. It reads, in ahab’s time, heel of Bethel rebuilt Jericho. He laid its foundations at the cost of his first born son, Abraham. And he set up its gates at the cost of his youngest son, Segab, in accordance with the word of the Lord, spoken by Joshua, son of Nun. I’m not sure I got all those names pronounced correctly, but what’s going on here? What are we talking about? He laid its foundation at the cost of his first born son, Abraham, and he set up its gates at the cost of his youngest son, Segup. What this is a reference to is something called a foundation sacrifice. And those are sacrifices of people frequently in the Bible, children, when you are building a building or a fortress. And what people would do varies around the world. But we have found foundational sacrifices all around the world. They would take here my first born son and bury them alive in the foundation of a building or a wall. That was deemed to be important frequently to dispel a previous bad event or curse, as is the case here the reference at the end where they say, in accordance with the word of the Lord, spoken by Joshua, son of Noon. The story previously is from the book of Joshua, specifically Joshua 513 to about 627. The story is, you may be familiar with it. It’s one of many in which God instructs some of his followers to utterly destroy a city. In this case, we’re talking about Jericho. The story goes that, quote, both man and woman, young and old, and oxen, sheep and ass were slain. Everybody was killed except for Rahab, who had betrayed the city into the hands of their enemies so that it could be destroyed. And Joshua, upon destroying the city, declares, quote, cursed be the man before the Lord that riseth up and buildeth this city Jericho. He shall lay the foundation thereof in his firstborn, and in his youngest son shall he set up the gates of it. So that was the setup. And then later on, we have the story of Ahab, who rebuilds it. And what does he do? He buries his firstborn in the foundation, and he buries his youngest son in the foundation to get rid of this curse. So this foundational sacrifice practice has been around prior to these writings and has continued past the Bible. I found an interesting article that led me on a bit of a goose chase. This piece was dated from 19 nine, I believe. Yes, 19 nine. The entitle is foundations laid in human sacrifice parentheses illustrated and it was published in a publication that was called The Open Court. And I had to do some research on that. Turns out The Open Court is a, uh, publication that was published between 1887 and 1936. And it was, quote, devoted to the science of religion. The religion of science and the extension of the religious parliament idea. That’s a noble goal. The the religious parliament idea is this idea that the world’s religions should coexist. If you’ve seen the bumper sticker Coexist, they should meet. There should be dialogues between all the faiths. We should have this noble world where they use science to try to come to a common understanding, a, ah, grand unified theory of faith, so to speak. But this paper delved into subjects such as philosophy, history, the history of philosophy, Asian religions, culture, education, contemporary ideas of religion and philosophy. It also published reviews of contemporary works of theology, philosophy, science, and math. And that’s where I found this piece published in 1909, foundations Laid in Human Sacrifice. And it was not accredited to an author. It’s just listed as being published by the editor. But a citation I found later goes to Paul Keris, is listed as the author. And this details the excavation of the city of Gezzer. And the city of Gezzer. These archaeologists found these jars with infants in these foundations. And this is back in the 19 nine. The time of your Indiana Jones movies running through World War I and up into World War II is when Indiana Jones takes place, when archaeology was the new hotness. This is when people were going around and digging up Egypt, finding dinosaurs, all sorts of exciting things. And they found these jars in Gezzer, and they had infants in them and young children. And they contained, like many other sacrifices in history, food. So the idea is that these people were buried alive. And it might have been an honor back then when you read the paper. They’re sitting here pondering back in 1909, what was the mechanical method of doing this? Did you just kidnap people and do this, or was it seen as a place of honor? Their theory back then and given this is 1909, so we’ve got the whole imperialist west talking about the savages type of mentality, but credit to this publication trying to be more scientific. Their theory back then is that the further you go back in time, the more superstitious societies were, the more that they would view this as an honor, even the victims. The idea being that there was more certainty, that death was less important, that you would certainly be reborn into a spiritual body or some afterlife or something. But evidence is found as you move forward in time that there was resistance and fighting and that they had to tie people up to do this. These things are found around the world very frequently. Children are the ones that are buried, as you saw in the Bible. So in Jesus’s time, the story of the Bible, or this is Old Testament, so before Jesus, they’re talking about foundation sacrifices. There’s a reason you haven’t heard about that very much in your Bible study class. Isn’t that curious, right, that they’ll talk about cities of Jericho and the walls of Jericho fell down, but they don’t talk about this. They don’t talk about and Joshua said, if you’re going to rebuild this, you have to sacrifice your children and bury them alive under the foundations. But that’s what the Bible says. So that’s our starting point. Uh, our starting point is kids are objects that are used to ward off spirits or to bless buildings by burying them alive. So let’s jump forward to the time of Jesus when we’ve got the Roman Empire, and let’s examine what a child’s life might have been like at that time. And I’m going to crib from a book entitled Bad Faith. I may have mentioned it before. It’s written by Dr. Paul Offit. I’m using this book as my springboard. That’s what led me to this paper. When I started reading about foundational sacrifices, because he talks about it for a paragraph or two. I thought, this has got to be is he cherry picking history here? This is crazy. And I start doing all this research, and sure enough, there’s article after article after article. All during the early 19, hundreds of these archaeologists finding these child sacrifices in foundations of buildings and scratching their heads, going, wow, this is so much more prevalent than we had previously thought. So at the time of Jesus Roman Empire, infanticide was legal. Children were considered property of the father, no different than slaves. And for entertainment or as a pastime, children were stoned, beaten, flung into dung heaps, starved to death, traded for beds, sexually abused, sold into slavery, and, quote, exposed on every hill and roadside as prey for birds and food for wild beasts. Some boys were killed so that their livers or brains or testicles and bone marrow could be used as love potions when they had nightmares. When kids had nightmares, they would be beaten to get the devils out of them for entertainment. Girls were regularly raped and children were suspended on poles so that hyenas could tear them apart. When Emperor Diocletian fell ill in approximately 303 Ad. Anyone who didn’t sacrifice a child was immediately executed. That’s the state of children. Back then, infanticide was an everyday occurrence. One historian said it was, quote, the most widely used method of population control during much of human history, and it wasn’t unique to Rome. In the Arab world, parents regularly buried their infant daughters alive. This is a common practice around the world. We know that daughters were much less valuable than sons during the agrarian periods because they wanted people who were more likely to be able to help out on the farm or around the factory or workplace. So there was a pagan Arab ritual where when they would have a daughter, they would bury them in a pit to the point that mothers would give birth in a pit. And if it were, uh, to be a son, they would take care of them, take them out of the pit. But if they were a daughter, they’d just fill in the pit. That’s how common that was. Again, I strongly recommend reading Bad Faith by Paul Offt. He describes all of this in great detail. It’s quite shocking. But here is where we have to give credit where credit is due. If you look at the Bible, Jesus in his teachings, tells people to be kind to children. I found a few passages that hint at that attitude. For example, he said, suffer little children and forbid them not to come unto me, for such is the kingdom of heaven. That’s Matthew 1914 suffer little children. That’s the best we can come up with, right? Suffer, put up with. But it is improvement, right? Put up with kids, don’t torture them, don’t feed them to animals. So credit where credit to do on that one. Also we have whoever welcomes one of these little children in my name, welcomes me. Mark 937. And in the story where parents were bringing children to Jesus, mark 1016 says he took the children in his arms, placed his hands on them, and blessed them. So this is some evidence that the early Bible is focused on treating children not as objects, but as at least something worthy to be loved and protected to some degree. And we see this in the early days of the church. And when I say early days, I’m talking of like 300 BC. You remember Constantine? He was the first Christian emperor. And on May 12 of 315, basically state responsibility. For health and welfare of children was born, writes Dr. Offit, a direct consequence of the ministry of Christianity to Constantine. Constantine proclaimed, quote, let a law be at once promulgated in all the towns of Italy to turn parents from using a patricidal hand on their newborn children and to dispose their hearts to the best sentiments. Basically, infanticide was now a crime. And this was because of in some part. I have not done a ton of research here, but I want to give credit where credit is due because of the teachings of the church at the time. This is 300 years after the time of Jesus, right? And later on in 321, Constantine went further. He said, quote, we have learned that the inhabitants of provinces suffering from scarcity of food sell and put in pledge their children. We command that those found in this situation be suckered by our treasury before they fall under the blows of poverty. So, in other words, welfare. The earliest church effect on government is care for children, children’s rights, starting the very beginning of children’s rights and a welfare system. How different is this from the Christians we see in the United States today? It’s hard to overstate. When you read the Bible, there are hundreds and hundreds of passages praising physicians. Jesus was in favor of medicine, Jesus himself. Um, if you read the Bible, if Jesus is one thing, the character of Jesus, he is a physician, he is a healer. He is called that a lot. In fact, a, ah, historian, uh, Gregory Henry Payne wrote, amid all the differences of opinion and doctrine that we find among the early founders of Christianity, there was one thing on which they were unanimous, and that was the attitude towards children was a ceaseless war they waged on behalf of children. Those early and oftentimes eloquent founders from Barnabas, contemporary of the apostles, to Ambrosius and Augustine, they did not cease to denounce those who, no matter what the reasons, exposed or killed infants. So this is the beginning. Credit where credit is due. We have a, uh, history before this emperor of children being treated as objects. We have this moment in time, 300 Ad. Where a Christian emperor says, you know what? Maybe we shouldn’t kill kids. That’s the groundbreaking shape. This is just twelve years after the previous emperor grew ill and an order was initiated to say, everybody has to sacrifice a child or you die. That’s where we’re coming from. Now, I do have to back up and say, what is the causal direction here? We’ve got a chicken or the egg situation. Did the founders of the church fight for being kind to children because the Bible said so? Or do the writings of the Bible reflect this attitude? Because civilization had come further in time, further in development, and we started to get a better sense of morality. It’s entirely possible that the writers of the Gospels wrote these stories because they had this innate sense through being raised in their culture, that this is wrong. Treating children this poorly is wrong. So they add these lines about Jesus being the lamb of God, giving comfort to children, right? It’s also possible that they wrote that, because that’s the stories they heard given through oral tradition about what Jesus said, but we don’t know. And the reason we don’t know is we have no originals. We don’t know who wrote the gospels. Everybody says Matthew, Mark, Luke and John wrote the gospels. That’s not true. Open up any bible that’s got citations, it will tell you right there, we don’t know. It’s just attributed to those people because of church tradition. We don’t have originals. The gospels were written at least a generation past the time that Jesus existed. So that’s one sort of fact, arguing that these are folktales, right? These are fanfiction. Maybe there was a person named Jesus. Maybe it’s a sort of amalgamation figure. Who knows? But fan fiction comes along later, and the authors insert these attributes because as their culture progressed, as they learned more about morality, they’re living more together in cities instead of roaming nomadic tribes. They figure out, maybe we shouldn’t be burying our kids in pits if they’re girls. I tend to lead towards the people who were writing these documents at the time started to realize that this was a bad situation. And so they inserted these lines to show that their character was kind even to children and that that should be done, because we see that everywhere. We see the world sort of progressing. So how much change by the time the United States comes along, right? There’s a whole history here of children being objects for many years. By the time the settlers come, the puritans come to America, not much has changed. Legally, children were still the property of their father. It’s not until much, much later, after the founding of the country, that we start to see in the law a recognition that children actually have rights. So I’m going to go through that history here. For the remainder of the episode, we’re going to say, okay, where were we at the beginning of the country, and where did we end up? So the United States constitution was ratified in 1788. It was operative by 1789. So 1789, the country exists by that time. By 1800, is is the earliest records. I I found there were a total of eight institutions in the country for abused or neglected kids. Only eight. And in 1800, we had 16 states. So half of the states, and that’s presuming that there was one in every state. Half of the states had no organizations for abused kids. There was no government interest, no private interest, nothing for abused kids. If we jump forward three decades, three and a half decades to 1836, we see the first child labor law. This is Massachusetts, who creates a law where children under 15 who are working in factories have to attend school for at least three months a year. This is progress, right? That if you’re 14 or younger and you’re working in a factory, you have to go to school for three months, uh, nine months out of the year. You can work however many hours, 18 hours a day in a factory. And if you’re 15, you don’t have to go to school. But this is progress. 1836. Massachusetts, again six years later, is the first state to limit working hours for children, and they limit the hours to 10 hours per day. So this is 1842. Massachusetts breaks new ground by saying children can’t work more than 10 hours a day. So that’s 60 hours a week if you take Sunday off, 70 a week if you don’t. So jumping forward again, by 1850, there are now about 90 institutions for abused and neglected kids in the US. That’s a huge leap. In 50 years, we went from eight to 90 an order of magnitude more. And by that point on our history, we had 31 states. California joined in 1850 to make the, uh, 31st state. So 90 institutions across 30, 31 states. So about three per state. Massachusetts leads the way again. In 1851, they create the first modern adoption law. It passed in Massachusetts. It was the 1851 Adoption of Children Act, and it recognized adoption as a social and legal operation based on child welfare rather than adult interests, which is pretty unique. And it directed judges to ensure that adoption decrees were, quote, fit and proper, that people were not just giving their kids out or selling their children to the butcher so they can, OOH, they’re good enough to eat. That’s not going on. That the judges have the power to say, no, you can’t do that. This is not fit and proper. You’re not going to be good parents, basically. And then in 1853, we have something that’s both good and humorous. A person named Charles Loring Brace founds the Children’s Aid Society. It takes kids off of the streets in New York. It’s a homeless kids society to rescue them. But the reason it’s kind of humorous is the very next year, that man creates something called the Orphan Train. It’s exactly what it sounds like a train full of orphans. And this train would travel around the western states of the United States, offering orphans up for adoption. Orphan Train. Uh, orphan train. Their first album was pretty good, but you should hear their second album. Orphan Train is my favorite band by far. Orphan Train. It’s just such a weird phrase, but, yeah, it was the orphan mobile. They would drive children around who were homeless. So don’t get me wrong. They were trying to do good here, but who knows what rules were in effect or how discerning they were about who they were giving these kids out to? And surely the kids would end up going to work, right? I need some kids because I want to be a good parent, but I also need, ah, a couple of hands on the farm. And that leads us to perhaps the very earliest case I could find of a court deciding that they know better than parents who were abusing children. And this happens in 1869. It’s the case of Samuel Fletcher, Jr. So strap in for this one. Remember I said that there’s an NC 17 warning? This is a horrific case. So this is a case from the Illinois Supreme Court in 1869. The official name of the citation of the case is Fletcher v. People. The opinion was authored by Justice Lawrence of the Court. And I’m going to read it because you can hear this judge’s horror, uh, in his writing. So I’m going to start with a description of the facts of the case as it came to the court. Quote, it shows a wanton imprisonment without a pretense of reasonable cause of a blind and helpless boy in a cold and damp cellar without fire. During several days of midwinter, the boy finally escaped and seems to have been taken in charge by the town authorities. The only excuse given by the father to one of the witnesses who remonstrated with him was that the boy was covered with vermin. And for this, the father anointed his body with kerosene. If the boy was in this wretched state, it must have been because he had received no care from those who should have given it. In view of his blind and helpless condition, the case altogether is one of shocking inhumanity. The parents, Samuel and Ladisha Fletcher, were found guilty of false imprisonment. Now, false imprisonment, the way I learned false imprisonment in school, is that’s a tort. It comes from our common law. It’s the civil version, basically, of kidnapping. False imprisonment is you’re somewhere and you want to go away from that place, and I am preventing you, and I have no right to prevent you. I can sue you if you do that, right? If I’m in a store and the store locks the doors and say, we suspect somebody in here of shoplifting, so we’re locking the doors and we’re not letting anybody out until we find, until we search every bag, that’s false imprisonment here. It’s a criminal offense. So in Illinois at the time, there was some ability of the court to find, uh, uh, people guilty of a charge of false imprisonment. So we would call it kidnapping. This is not child abuse. They didn’t have that law on the books. So this is an example of the court stretching for different crimes to apply to a case of child abuse. So they found the couple guilty of false imprisonment for locking their blind son in a cellar for days on end in a dark heatless cellar in the middle of winter while his body was, quote, covered in vermin. Who knows? Lice bedbugs, something covered. And keep in mind, when they did that, they doused the boy in Kerosene to kill the bugs. So you’ve got a blind son that you throw in the cellar, doused in Kerosene, shivering in the cold, covered with bugs, and he has to escape to find help. Of course, this is abhorrent, but the judges don’t have a child abuse law. They can only say, well, you shouldn’t have locked them up that way. That’s false imprisonment. So that’s what they find they’re found guilty of. And they pay a fine of $300 each. $300 is a lot of money in today’s dollars. I, uh, looked that up on a calculator. That’s about ten grand. Ten grand each. So the family lost 20 grand for the crime of falsely imprisoning the kid. I don’t have any information as to what happened to the child. There’s not a story that follows this case. This case does cite an older case. They cite a case called Johnson v. The State, and the citation is two Humphrey 283. So when you hear legal citations, you’ll hear a number, a word, and then a number. The first number is the volume. The word is the name of the case reporter. So case reporters are books where we accumulate all the decisions of judges. So two Humphrey 283 would be volume two of the Humphrey case reporter page 283. I couldn’t find any reference to a Humphrey reporter. In fact, I reached out to the Case Law access project run by Harvard Law School and asked them, hey, I’m reading this case. I can’t find this citation anywhere. I’ve done my research. I’ve looked for English case reporters that are called Humphrey. I found one. But it’s all about property law. It doesn’t seem appropriate. I don’t see anything else in, uh, us case reporters. Do you guys know what the citation is? And they very quickly, to their credit, wrote back and said, no, uh, we actually are unfamiliar with this. The opinions from back here are often computer scanned in, so maybe there’s some sort of typo or misunderstanding or mistranslation. So I cannot find Johnson v. The State. This court cites it. It says, if the parent commits wanton and needless cruelty upon his child, either by imprisonment of this character or by inhuman beating, the law will punish him. Thus, in Johnson v. The State, the court held the parents subject to indictment because in chastising their child, they had exceeded the bounds of reason and inflicted a barbarous punishment. So there is an earlier case than Fletcher v. People, which is the Kerosene child, the blind, Kerosene soaked child in the basement. And that’s Johnson V. Sate. But I cannot find the life of me find the details. So in this time, we are seeing the very first instances of courts saying, you can’t do that. We don’t have a specific statue about beatings for children that it makes that as especially horrendous crime. So we’re going to use the regular crimes of false imprisonment, assault and battery, things like that. And then we get in five years later. So that was 1860, 918, 74. We have another case. And this is the famous case. Samuel Fletcher, the blind Kerosene boy, was the earliest I could find. But the famous case, the one that actually started affecting change, is the case of Mary Ellen Wilson. And I’m going to give you a lot of details here because it’s a fascinating story. The story of Mary Ellen starts with a dying woman. This woman lay dying of tuberculosis in New York City, and a Methodist missionary found her and asked if she could help. And the quote from this woman, as told by the missionary, is, my time is short, but I cannot die in peace while the miserable little girl, whom they call Mary Ellen, is being beaten day and night by her stepmother next door. The dying words of a woman who’s dying of tuberculosis to a missionary basically saying, you can’t help me, but please, for the love of God, help this girl. Mary Ellen living next door. And this missionary. Her name was Edda Angel Wheeler. She went to investigate. And the house, the apartment that, uh, was indicated by the dying woman belonged to Francis and Mary Connolly. And she made an excuse to go in and talk to these people. And she observed Mary Ellen, their daughter. And Wheeler said, quote, she was a tiny mite the size of five years. Though she was nine, she struggled to wash a frying pan about as heavy as herself. Across the table lay a brutal whip of twisted leather strands, and the child’s meager arms and legs bore many marks of its use. I went away determined, with the help of kind providence, to rescue her from her miserable life. She went to the police. That’s what she did. She made an excuse, went in, observed this, and were like, okay, we need to get this kid out of this situation. But the police couldn’t help her. The police told her, quote, unless you can prove that an offense has been committed, we cannot intervene. And all you know is hearsay, is what she said. So all you have is the testimony of the woman next door and you saw a whip on a table and a girl that looks malnourished. We’re not going to investigate no child protection services. The state is not interested in getting involved. If you’ve got evidence of a crime, we’ll do that. But as long as parents back then would keep their crimes behind closed doors, all’s fair, right? You can beat your kid as much as you want. So frustrated, Wheeler went to a variety of these societies that had been set up, that were benevolent societies. And they all turned her down, saying, well, we can’t go in. There’s no way for us to go in and take a child. In fact, uh, what she said is they said, quote, if the child is legally brought to us and is a proper subject, we will take it. Otherwise, we cannot act in this matter again. There’s no law to help this child. There’s no society that can leverage any sort of statute or regulation to even start investigating everybody’s hands off. So in desperation, she turns to a man named Henry Berg. Henry Berg, back in 1866, founded a society you may be familiar with the Society for the Prevention of Cruelty to Animals now called the ASPCA, the American Society. But the SPCA is what he founded. This is eight years before the Mary Ellen case. Eight years prior to that, we have a society for the Prevention of Cruelty to animals. He listened to this story and he said, well, if there’s no justice for her and this is a quote if there is no justice for her as a human being, she shall at least have the rights of the stray cur on the street. Think about that for a second. This guy’s saying there are no rights for children, but there are some rights for stray animals. So stray animals have more rights in his eyes at this point than children in America. So he takes his attorney, who works for the SPCA, and they pursue this to their utmost. And sure enough, they collect evidence and get the police to arrest the parents. And the trial was a media sensation. Among the first people to testify was Mary Ellen. And she testified the following court I have no recollection of ever having been kissed by anyone. I have never been kissed by my mama. I have never been taken on my mama’s lap and caressed or petted. I have never dared to speak to anybody because if I did, I would get whipped. This is her testimony, right, that she’s nine years old and she’s never even been kissed by her parents. All she’s had is whippings. There’s a man named Jacob Reese. He was a reporter, a police reporter, a police beat reporter describing the scene. And he wrote, quote, I was in a courtroom full of men with pale, stern looks. I saw a child brought in carried in a horse blanket at the sight of which men wept aloud. I saw it laid at the feet of the judge who turned his face away. And in the stillness of that courtroom, I heard a voice raised claiming for Mary Ellen the protection men had denied her. The story of little Mary Ellen stirred the soul of the city and roused the conscious of the world that had forgotten. And as I looked, I knew I was where the first chapter of Children’s Rights was written. This story dominated New York City newspapers for months. When it was over, Mary Connolly was sentenced to a year in prison. And EDTA Wheeler, the missionary, took custody of Mary Ellen and Harry Berg, who had founded the SPCA and used his money and influence and his, uh, attorneys working for him to save Mary Ellen, he founded the society for Prevention of Cruelty to Children, the first organization of its kind. And its mission statement was clear, quote, to convince those who cruelly, ill treat and shamefully neglect little children that the time has passed when this can be done with impunity. If that isn’t a line from a Hollywood movie of we’re coming for you, so you better run and hide, you child abusers, I don’t know what is. For the next 20 years, the society investigated more than 100,000 cases of suspected child abuse. The stories were shocking. Charles Flato, uh, the Saturday Evening Post, wrote a story, quote, children have been whipped, beaten, starved, drowned, smashed against walls and floors, held in ice water baths, exposed to extremes of outdoor temperatures, and buried with hot irons and steam pipes. Children have been tied and kept in upright positions for long periods. They have been systematically exposed to electric shock, forced to swallow pepper, soil, feces, urine, vinegar, alcohol and other odious materials buried alive, had scalding water poured over their genitals, had their limbs held in open fire, placed in roadways. Where automobiles would run over them, placed on roofs and fire escapes in a manner as to fall off bitten, knifed and shot, even had their eyes gouged out. The reports of injuries read like a casebook of the concentration camp doctor. This is the state of affairs when you have a country that does not have laws that protect children. This is what goes on in humanity, at least back then, and some would say in some part of humanity ongoing if there weren’t people trying to chase these people down and lock them up. So for the next, what was it, ten years, 20 years, they’re finding these cases. So all the way up till the turn of the century, till 1900. But we’re going to jump forward to 1930, because that’s the next major step in children’s rights, and it’s actually in the form of technology. So this is your question. I want you to think about this question. What invention came along in 1930 that helped people create more evidence that a parent had abused a child? 1930s. The answer the x ray machine let that sink in. I think you know where this is going. In the 1930s, we invented the x ray machine, and radiologists started noticing certain patterns on bones. Early on, they noticed these stripes or discolorations, and they even published about it. In 1945, John Caffeine, a radiologist at the College of Physicians and Surgeons at Columbia University, published a paper, the American Journal of Rotogenology. That’s what they called x rays back then, the science of x ray. And he described four children with, quote, thickenings in several bones. All four were less than three months old. And he wrote, quote, these patients suffered from none of the recognized conditions in which thickenings have been found previously. Such as, scurvy, rickets, syphilis, bacterial osteitis, which is bone infection, neoplastic disease, which is cancer back then, or traumatic injury. So we have three months old kids with these thickening of the bones that don’t have any of these diseases. The thickenings were a mystery, basically. And after a prolonged investigation of four patients, wrote KFI, the cause remained undetermined. Traumatic injury was not observed in a single case at home or in the hospital. So this is the earliest that we see of it’s been 15 years since the invention of the X ray machine. And now we’re seeing papers of doctors going, we’re seeing this phenomenon, these bone thickenings, and we don’t know what to make of it. Kaffy publishes more papers. The next year, he publishes, um, in the same journal, another report finding six more children with bone thickening in that paper. He believed them to be fractures, the result of fractures. They were accompanied by subdermal hematomas, which is the collection of blood between the skull and the brain. And he wrote, quote, some of the fractures in the long bones were caused by the same traumatic forces which were presumably responsible for the subdermal hematomas. Again, the parents appeared to be baffled, and Kathy noted that the children were frequently bruised, they were pale, they were malnourished, and they always got better in the hospital, and they got worse when they left. One child, in his report, returned after, uh, only a few days absence with five new fractures around the knee. Isn’t it perversely quaint in some way that these doctors are baffled by what they’re seeing? We take this now in our cynical society that has drawn back the covers from child abuse. We take this now as just given that, oh, this is child abuse. You need to investigate, and we need to take this kid away from their parent, right? Back then, he’s like, uh, this is a head scratcher. But when he sees this kid who leaves and comes back a few days later with five new fractures, he is suspicious. He writes, in one of these cases, the infant was clearly unwanted by both parents, and this raised the question of intentional ill treatment. However, he concluded, quote, the evidence was inadequate to prove or disprove this point. It wasn’t until ten years later, 1956 so my parents are alive, right? This is in my generation’s, collective cultural memory. 1956, a man named Fred Silverman published a paper entitled the X ray Manifestations of Unrecognized Skeletal Trauma. That’s the title of the paper. Now, unlike Caffeine, Silverman was pointing a finger. He said, quote, it is not often appreciated that many individuals responsible for the care of infants and children may permit trauma and be unaware of it, may recognize trauma, but forget or be reluctant to admit it, or may deliberately injured the child and deny it. Six years after that paper, a person named Henry Kemp published a paper entitled The Battered Child Syndrome. This is 1962. It’s taken us till 1962, nearly 100 years after the Mary Ellen case, for the scientific community to come up with a syndrome called the Battered Child Syndrome. This time, this paper was not published in some obscure radiology periodical. This was published in JAMA, the Journal of American Medical Association. It’s the most widely read medical journal in the world. And Kemp wrote, the battered Child Syndrome is a frequent cause of permanent injury or death. The syndrome should be considered in any child exhibiting evidence of fracture in any bone, subdermal hematoma, failure to thrive, soft tissue swellings, or skin bruising in any child who dies suddenly or where. The degree and type of injury is at variance with the history given regarding the occurrence of the trauma. What does that mean? The degree and type of injury is at variance with the history given regarding the occurrence of the trauma. The degree and type of injury is how severe it is. And being at variance means doesn’t line up with is different from the history given the story that the parents told. That’s a very medical term, that the injury, the degree of the injury is at variance with the history. So your medical history is when you go in to see a doctor, they’re saying, what can I help you with today? And you say, Well, I was walking down the street and I fell down and my eye hit the tree, and I have got a black eye. What he’s saying here is, when you see all of these conditions, or any of these conditions, you should, as a doctor, start considering Battered Child Syndrome. Kemp reported 750 children with X ray evidence of past abuse. 78 of those had died. 114 had suffered permanent brain damage. He did something that the other physicians did not do when he published this. It was accompanied with a press release. And within a few weeks, Time, Newsweek, Life, Saturday Evening Post, every major paper was talking about child abuse. One. One article was entitled Parents Who Beat Children. A, uh, tragic increase in cases of child abuse is prompting a hunt for ways to select sick adults who commit such crimes. And during the next 20 years, medical journals published more than 1700 articles about child abuse. So that by the mid 1970s, child abuse had its own medical journal. And guess who the editor was? Henry Kemp. The man who came up with the Battered Child syndrome. The man who decided to issue a press release and get in front of the cameras and start talking about this, its own medical journal. And he’s the editor. That’s a success story of a man who really helped millions, if not billions, of children. And Battered Child Syndrome is still working today, still used by doctors today as a diagnostic tool. So we’re at a point now where we can’t deny what’s going on as a country. X rays no longer allowed parents to deny what they’d. Been doing, and Congress started to take notice. And you may have heard of Senator Walter Mondale. Walter Mondale was a presidential candidate in my lifetime. He took notice, and he created the Subcommittee on Children and Youth. And he used that organization, that subcommittee, to try to mobilize Congress to protect children. And in 72, the subcommittee published a book entitled Rights of Children. And this sets the stage for what Mondale really wanted to accomplish, which was federal child protection laws, an act that it was entitled the Child Abuse Protection and Treatment Act. CaPTA cap. And in hearing testimony about CaPTA, the, uh, proposed legislation, he heard from many people. One person in particular was the founder of an organization, a new organization called Parents Anonymous. And it was for parents who would beat their children and needed to stop, just like Alcoholics Anonymous and all of those. And I, uh, won’t go into that detail. We’ve done enough of the horrific stuff. That person really swayed people over when they talked about their experiences. So CaPTA passes. So Nixon, who’s a mortal enemy of Mondale politically, signs the bill. And that leads to one of my favorite political quotes of all time. Mondale said, quote, not even Richard Nixon is in favor of child abuse. So, yes, thank you, Nixon, for signing it, but I’m still going to just burn you on the way out. So the bill allocated $86 million for a center within the Department of Health, Education and Welfare, what we now call Department of Health and Human Services. And it would compile a list of accident. Their mission was to compile a list of accidents involving children, publishing training materials for case workers and doctors, and creating a national commission to study the effectiveness of state surveillance of this issue. And by the mid 1970s, all 50 states had a mandatory child abuse reporting law. So this is 200 years approximately after the founding of our country, and we have the first federal law about investigating reporting child abuse. And unfortunately, we have to take a divergence here. This is going to be the last point into the area of politics and, uh, yet another example of how Christopher Hitchens was right when he wrote his book God Is Not Great how Religion Poisons Everything. And it’s because of the Nixon administration and what they did to this regulation. So you may be familiar with two people in the Nixon administration, halderman and Ehrlichman. They were senior advisors, and they were all wrapped up in the Watergate scandal. They were basically traitors to the Constitution. They were not only did they know about the burglary, they tried to cover it up, and Nixon was going down, and they knew it. They also happened to have two things in common. Actually, they had many things in common. Paul Offit, in his book Bad Faith, writes about their commonalities. Both were german by dissent. They were dubbed the Berlin Wall for their cover up. Their protection of Nixon. Both were heavily involved in the COVID up. Both were indicted, both were convicted, both went to prison for their crimes. And relevant to this story, both were Christian Scientists. The Nixon administration had an abnormally high number of Christian Scientists. We’re going to do a whole episode on Christian Scientists. But suffice to say, they practice faith healing. Devastating stories that come out of Christian Science about parents denying medical care for their children and those children dying. So Captain comes along and Halderman and Ehrlichman see the writing on the wall. They see that these provisions will be the death knell for Christian Science. So they spring into action. And in the regulations that are promulgated by Health and Human Services. They add the following language quote no parent or guardian who in good faith is providing a child treatment solely by spiritual means, such as prayer. According to the tenets and practices of a recognized church through a duly accredited practitioner shall, for that reason alone be considered to have neglected the child. Looks like they’re saying, if you’re praying for the kid and something bad happens, we’re not going to call that child abuse. They’re, uh, trying to make it sound like religious freedom. They’re making this exemption. Here’s the problem, though. As Dr. Offit writes in his book, they tipped their hand. Only Christian Scientists would refer to their prayers as quote treatments and to faith healers or pastors or prayer, uh, givers as quote practitioners. And only the Christian Science Church, quote, accredits, uh, its healers. So let’s read that language again. No parent or guardian who in good faith is providing a child treatment solely by spiritual means, such as prayer treatment, according to the tenets and practices of a recognized church through a duly accredited practitioner. Again, only Christian Science uses these terms shall, for that reason alone, be considered to have neglected the child treatments, practitioners, uh, accreditation. This is Christian Science language. So Halderman and Ehrlichman insert this mandate into this regulation. Now, this regulation is technically optional, if you understand our federal system. The federal government can put out a bunch of laws for federal jurisdiction, but they can’t dictate what, uh, a state’s laws are. The state is responsible for taking care of child welfare. The state is responsible for the speed limit. The state is responsible for hiring and police and what they can do. So if you’re familiar with how the feds coerce the states on one view, or convince the states in a different view, they will condition the grant of federal funds on the states accepting certain regulations and enforcing them in their own states. So, for example, when the federal government wanted to raise the drinking age to 21, they said, okay, you don’t get any highway funds unless you raise the drinking age. And all the states raised their drinking age because they want that sweet, sweet highway fund money. Same thing here. You don’t get any of this money for your programs related to child abuse, related to Health and Human Services programs. The whole bill that came out of here unless you include this exemption in your state laws. So every single state except for one, included this Christian Science exemption from child abuse law in their state laws. And that one state was Nebraska. So props to them. So what happened is, about ten years after that, this is 84, department of Health and Human Services realized the absurdity of this mandate. They removed it, but it was too late. As Paul Offit says, the damage had been done. And this is a very important lesson. This is a very important lesson that these two people had a moment, they had the ability to force their religion into our laws. They had a very small moment and they took it. And we have a society, we have a legal system that is built for stasis. It’s built for log jams. We need a tremendous amount of consensus at the federal level, at the state level to change major laws. So they took their shot and it struck a bullseye. Every state but one now protected the medical neglect of children for religious reasons. All because two Christian Scientist nut job felons had no problem manipulating the system, motivated by their religious desire to sneak in protections for their entire religious organizations so they could keep on killing kids. There is no dispute about this. I’m not twisting the facts. Read this anywhere. This is why this is important. You elect people for the normal stuff. What is our economy going to do up and down? What is jobs looking like? What’s our national security? But the power you give these people is so immense that this is a problem they generated back in the 70s when we were trying to fix the problem, CaPTA was a solution to parents abusing their kids. And these religious nut jobs said, uhuh uh uh uh. We want to keep doing it. So we’re going to sneak this little requirement into the funding part of the regulation so we can keep killing our kids. This is why voters need to be educated. This is why we do this podcast. You need to know the facts. And to this day, even though Health and Human Services removed it, by 84, to this day, only about 19 states have removed it from their laws. 30 still have it in some form or another. In some form or another 30 states in this country, you cannot prosecute parents for child abuse if their children are suffering because the parents are doing faith healing. In at least three of these states, idaho being the leading one, it’s a, uh, pure defense to abuse, to manslaughter, and even capital murder. This is what religion does. This is what I mean by christopher Hitchens was right. You should read his book god is not great. How religion poisons everything. Because even if you are a good person, and you happen to be religious. Religion can make people do horrible things, and it made these people kill their children. It made these people, it made Ehrlichman and Halderman take their shot and subject children across the country to the risk, the very real risk, that they can be killed by their parents, for their parents crazy religious beliefs. And to this day, we have thousands of children who have died because of what they did. So these people, if you didn’t think that these people were scum for what they did to the country under watergate, hope for now you realize that these are the worst of the worst type of people. They take these opportunities and they insert these laws and they change something in our national structure, and then it’s hard to take back. It’s so hard to take back. Go back to my very first episode where I talk about the McDonald’s hot coffee case and how the rich and powerful corporations, tobacco companies, tried to use that and successfully did to pass what they called tort reform and trick everybody into thinking that that was a good idea. We still have that idea present in our laws. There are still so many states that have caps on damages, unreasonable caps on damages, where, let’s say a child who needs millions of dollars of care for the rest of their lives because their OBGYN was negligent, and the most they can get is a couple of hundred grand, and it puts the kid right back on welfare or out in the street. That’s what these people will do. They take their moment, they change the law, and then it takes generations to change it back, which is why the current court is such a terrifying prospect. The current court is changing First Amendment law, and they are enabling the intermingling of religion and government to a level we’ve never seen before. And we know that this brief moment that Mitch McConnell has worked for for decades is not going to last for long. But it’ll last long enough to change things until I’m long dead and gone, and possibly till my children are dead and gone, until we can fix what’s going on right now. So forgive me for going on a bit of a rant. This is the lesson of the podcast, right? That if you aren’t keeping an eye on this stuff, if you let people, if you trust people, if you take their evidence without skeptically reviewing it, they are going to steal you blind, both from a financial perspective and from a legal perspective, from your rights. So where does that leave us? Why do we still have these laws on the books? This history is ancient times. Children were property before our country was founded, but in the colonies, children were property. 1874 is when we very first start seeing that, hey, parents are abusing kids, then that’s not right. We should start fixing that. And 200 years later, after the founding of our country, we have this act, Captain, this amazing act, and it is sabotaged by these religious zealots. And the states now have these laws on the books that say you can kill your kids. That’s okay as long as you do it because you’re religious. So what do the defenders of this say, right? What do people say when they are asked, why do you support this as a politician? Right? In Idaho, they had a big movement to try to get rid of this multiple times, and it gets voted down with numbers like two thirds of the politicians saying, no, we should keep these exemptions. And they always couch this as a parental rights issue, right? They say this is the parents rights for religious freedom. This is a free exercise case. This is a First Amendment case of them exercising their religions. There’s never a discussion by the majority, by the conservative Christians about the children’s rights. So we are still in a world today where these religious zealots will deny the rights to any children to be free of this, to even enter the discussion about children’s rights. It’s all about we need to give cover to our Christian brethren. None of the people in the Idaho legislature who voted to keep this active time and time again, this exemption active, none of them are out there killing their kids. None of them are faith healers, but they’re Christian. And because they’re Christian, when a law comes along or a bill comes along that will negatively affect a fellow Christian, they feel compelled to give them cover. And this is one of the reasons that atheists will point to frequently that religion is bad. Even if you are a mild Christian, even if you’re a good person, right? The vast majority of people who are Christians are very good people, wonderful people. Many, many of my friends are good Christian people. But there is this fellowship, there is this brotherhood, and we see it in the Idaho legislature when they are given the opportunity to save the lives of children. Because the evidence suggests that when you pass laws saying, nope, you can’t do this anymore, it’s not like the parents are going to keep doing it and go to jail. Some might, but the vast majority stop their behavior. In fact, there’s many stories out of the Christian Science religion that if the law is in fact repealed, that the parents will find that as a relief. Now I have an excuse to do this. So this cover is definitely killing kids that would not otherwise be dead. Idaho’s refuse to do that because their politicians are Christian and they feel like, HM, maybe I think it’s a good thing, but if I do this, my opponent’s going to say, look, you’re attacking Christians and the voters are not going to stand for it. They’re all good Christian people. None of them are faith healers, but they don’t want these crazy Christian faith healers who are killing their kids to be negatively impacted by the government because they have this giant chip on their shoulder. This giant persecution complex that we’ve seen time and time again. Feeling like any reasonable steps to give children rights not to be killed by their parents is an intrusion by the government on their fellow Christian brothers. That is why being Christian in and of itself can be dangerous, because you find yourself in bed with these nut jobs and your politicians go along and support them. That is the state of children’s rights right now. There have been lots of cases in front of the Supreme Court about parental rights. And when I say lots for the Supreme Court, there’s multiple, at least four or five multiple others. There’s no right of a parent to kill a child. There’s no right of a parent to hurt a child. There’s none of those cases. There’s no cases about children trying to emancipate themselves because of faith healing. None of that has made it. The cases that we find in the Supreme Court are the first one I found for parental rights was post World War I. There was a law in a state that said you can’t teach German to your child right. That was found unconstitutional parental rights. I get to raise my kids the way I want. There’s a couple of other cases that have to do with education. I want to pull my kid out of school at an early age. I’m agrarian. I’m an Amish farmer. I want to pull my kid out of the age out of school at the age of 15. I have the right to do that. The Supreme Court agrees. There’s another case that says the state said I have to go to public school. I want to send my kid to a private school. Supreme Court agrees with that. The final case was in 2000. I think Troxler, I believe, is the name of the case where a mother whose husband had passed away didn’t want the husband’s parents to have contact with the kids. And there was a law in the books that said a judge may order visitation. They had the power that’s the law. And Supreme Court said, no, the parent gets to raise the kid. Interestingly, in Troxler, Scalia writes in his dissent, and he has spoken publicly about this, he points out there is a no enumerated right in the Constitution for parents. The Declaration of Independence talks about your right to marry and raise your kids and be a parent, but they didn’t include it in the Constitution. And based on that, he would hold that the state does have the right to come in and say, yeah, it’s in the best interest of the kid to visit his dead father’s parents, their grandparents. But the majority said no. There’s a lot of reasons Scalia, uh, is wrong, but it’s an interesting observation, especially if you’re looking for the support to say the state has a right to come in and say, no, you can’t practice faith healing on your children. So these are the laws that are out there. We don’t see the same level of cases reaching the Supreme Court about children fighting back against this sort of stuff, children having a voice. And don’t get me wrong, I am a parent. I don’t want my kids making life and death decisions all the time. But we should look as lawyers, we should look for these cases. We should be reaching out as community activists to children of faith healing parents and trying to see if there’s family members around who can bring these cases and say there’s an unacceptable attack on these children’s rights by these laws. I talk about this more with my interview with Ryan from Freedom from Religion Foundation. That’s going to be my next episode. In fact, next several episodes. I encourage you to tune into that one. I will leave you with this thought. Thank you for sticking with me. This is probably the longest episode yet. This is the episode I’m most passionate about. This is the example when I say, if you believe things based on insufficient evidence, you can hurt yourself or others, this is it. These people believe that they need to pray to heal their kids. We know that prayer doesn’t work. The politicians know that it doesn’t work. But the politicians let it keep happening because they believe that there’s some sort of Christian thing they have to follow. The parents keep killing their kids because they believe it’s a test or whatever to get them into heaven. And what it is in reality is it’s a modern day foundational sacrifice, just like those kids we talked about at the very beginning, dating back thousands of years. The superstition that I have to kill my child to make this building safe or blessed. These people believe they have to kill their child to prove that they are worthy of getting into heaven. This is no different than foundational sacrifices of children, and that’s how it should be framed. This is the same superstitious activity, just under a different light and with the blessing of these Christian politicians who are too timid to stand up to fellow Christians who are burying their children in the foundation of their faith. That’s what’s going on in America, and we need to put a stop to it. I’m going to end on a fight anthem. I am going to end I’m going to bring this together with a song from Matilda the musical, the movie version. There is a song in there called Revolting Children, and it’s a play on words. The children are revolting is in their disgusting, as we’ve seen in all those clips I played back at the beginning, right? Children are revolting. The orphan headmistress can’t stand them. The childcatcher needs to lock them up. The father of Matilda finds her disgusting and strangely smart, which is just a bad thing for a child. Miss Hannigan wants nothing to do with them. They’re disgusting little children. They’re like rats. The children are revolting. But in this song, it also means the children are rising up. The children are fighting back against that arc of our history, that long, long path of child abuse, child neglect, child sales, and child death. So this is the fight song that ends the show, where the children have overthrown Mist Trenchable and they are taking back their schools and demand that they get an education and they be made safe from abuse. I can’t think of a better anthem for this movement. I hope it gains traction. I think this is how this song should be used. Here it is. We’re going to take a listen to it at the end of the show. Thank you for listening.

Speaker B: Children living in revolting revolting children as we’ll have to start school vaulting we revolting we are revolting children living in revolting right. We’ll be revolting children till our revolting song as we’ll have to jumping we revolting become a screaming pause. Take out your pocket and use it as M A floor. Uh. Never again will we be ignored. We’ll find out where the door keeps your root pictures on the bar. If you’re doing something weird about it, we can actually out how we like if enough of us are wrong. Wrong. It’s like everyone S-O-R-T-Y. Rich, naughty, inside the line. If we disobey at this game, there is nothing that a judge will can’t do. Anything. You finally baby. I love me. I did you have it for you. We are evolving we are revolting children they are all things for you again.

Speaker A: M. Thank you for listening. I’ll see you next time on the Cross examiner podcast. This has been The Cross Examiner Podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon,

Speaker B: Sam.

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The Cross Examiner Podcast S01E06 – Texas Attacks The Constitution https://www.thecrossexaminer.net/2023/05/29/the-cross-examiner-podcast-s01e06-texas-attacks-the-constitution/ Mon, 29 May 2023 06:19:35 +0000 https://www.thecrossexaminer.net/?p=1384 Texas is attacking the United States Constitution!  In this episode, I follow-up on my appearance this week on The Non-Prophets  Episode 22.21 (May 28, 2023)  presented by The Atheist Community of Austin (ACA).  In that episode, I discuss multiple news items with my fellow hosts, Cynthia, Jimmy Jr. and Helen Greene.  Here, I dive deep into the discussion surrounding...

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Texas is attacking the United States Constitution!  In this episode, I follow-up on my appearance this week on The Non-Prophets  Episode 22.21 (May 28, 2023)  presented by The Atheist Community of Austin (ACA).  In that episode, I discuss multiple news items with my fellow hosts, Cynthia, Jimmy Jr. and Helen Greene.  

Here, I dive deep into the discussion surrounding three Texas bills:

  1. Hiring chaplains to work in public schools;
  2. Mandating period of prayer and Bible reading in public schools; and
  3. Mandating the posting of the Ten Commandments.

Automated Transcript

Speaker A

A man in an interrogation room says, I’m not saying a word without my lawyer present. You are the lawyer, says the policeman. Exactly, replies the lawyer. So where’s my presentation? •

Speaker B

Welcome to the Cross examiner podcast. The Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And now it’s time for the cross examiner. • • • • • • •

Speaker A

Welcome. Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States and more importantly, the mountains of misinformation that’s powering that rise. I started this podcast to, uh, bring my expertise as an attorney and an atheist to help push back on that misinformation. But I also hope to entertain and educate as well. In this episode, we’re going to be focusing on Texas. Texas has introduced a bunch of bills that are going to try to restrict people’s freedom from religion, and we’re going to be talking about that. I have to note first, though, that one of the reasons I’ve been delayed in putting out episodes is I’ve been preparing for an appearance on The Nonprofits. It’s a show you may be familiar with. It is produced by the atheist community of Austin, the ACA. I’ve been a fan of the ACA for at least a dozen years, if not longer, and we recorded an episode together last night. I had a blast. I really appreciate the opportunity to volunteer there and help out. You can find out more about the ACA and all of their shows@atheistcommunity.org. Last night, we talked about some of these Texas bills, but, uh, if you’re familiar with The Nonprofits, you know, it’s a conversational, high level discussion. I like to do deep dives. I like to • • dig into the details so that when you get into those conversations with Aunt Bertha at the Thanksgiving table and she’s spouting off about religious freedom in Texas, you can actually have the history in your back. Pocket and you can pull out the facts and you can pull out the arguments to demonstrate why everything that Texas is trying to do is unconstitutional. So that’s what we’re going to talk about today. We’re going to talk about these three bills. What are they? All right. The first one is a bill that mandates that schools be able to hire chaplains to provide chaplain services. These are public schools hiring chaplains, not mental health workers, as they’re going to try to tell you they are. But chaplains people with a religious affiliation. And we know which religion it’s going to be. Right? They don’t specify in the bill, but we know it’s going to be Christian pastors, christian chaplains present in every school. The bill does provide that they can also accept volunteers. If there’s chaplains that want to go and try to indoctrinate kids for free, they can let those chaplains in. So that’s the first one. Hiring chaplains in every public school. Two mandating a quote, period of prayer and reading of the Bible or other religious text in public schools. This bill mandates that there must be a period provided where students who opt in and staff who opt in may gather and read from the Bible, pray together, and read, quote other religious texts. I’m not sure how often that’s going to happen, as I guess you are probably skeptical of that as well. This period, the bill states, may not replace instructional time. So I guess it’s just going to be it can be before school, during recess, during lunch. Maybe it’s going to replace some sort of time. Massively unconstitutional. Right? Well, we will see. And then the third bill is a bill that requires every single school to post a conspicuous copy of the Ten Commandments in every single classroom. Conspicuous has to be a certain size. It has to be of a font that, • • by the wording of the bill, person with average eyesight sitting anywhere in the classroom may see it. And just to confirm, this is happening in the United States of America, hiring pastoral staff to indoctrinate kids. Mandating, that a period of prayer be made available and mandating, that Scripture, the Ten Commandments be posted in every classroom where everybody can’t avoid seeing it. Those are the bills happening in Texas. Hi. This is editing. Cross examiner here. I have a clarification to make. So after I recorded this, but before I published it, I heard that the Ten Commandments bill actually did not make it through the Senate. What happened was it didn’t fail to pass. It wasn’t voted down. The legislature apparently let that bill, along with dozens of others, expire because of a technicality. They didn’t get to vote on them before midnight of a certain day. So what that means is they’ll introduce it again later. So you may see headlines that this bill is dead or it failed or didn’t pass. That’s not what happened. What happened was a technical deadline passed, and because no action was taken on it, it doesn’t get to move forward now, but later on, someone is sure to introduce this bill again. So the analysis here stands. Thanks for listening to my clarification. • • Why right, why now? Why, after 200 years, are we doing things we’ve never done in this country before? Well, the GOP will tell you in Texas that it’s to put God back in schools. We took God out of schools. We took prayer out of schools. Right? That’s the traditional line that we need to put prayer back in schools so that everything can be made right again. This old, what I like to call the good old days fallacy, everybody always hearkens back to the good old days, back when things were right. And then you try to pin down and ask them when exactly were the good old days? And usually, • • • • • • • uh, eight out of ten, nine out of ten times, they point to a time where they were children. • • You listen to Sean Hannity or Bill O’Reilly or those sorts of folks, and they’re going to hearken back to the when they were growing up. But if you look around and see what was happening during the was anything but the good old times. In fact, the are when we supposedly took prayer out of schools. But what we did is we stopped the religious nut jobs in the country from inserting prayer into schools. So what happened was, back in the 1950s, we were going through something you may have heard of called the Red Scare. People like Joe McCarthy and a whole bunch of conservatives have got the country all worked up that post World War II. This new superpower is coming about the Soviet Union, and they’re all about communism. And if we know one thing about conservatives is they hate Communism, right? They hate anything that has to do with them possibly not making an outrageous amount of money. So they rallied the country and they lied to the country about what was going on. And, uh, as you’ve seen, that’s sort of one of the themes of this podcast. Start back with episode one where I talk about the McDonald’s hot coffee case. People in power and people with money will lie to you. They will mislead you, and they will create a situation where the entire country will do things to harm themselves if it means they get more power or they get more money. And that’s what happened during the Red Scare. They convinced the country to do things like insert under God into the Pledge of Allegiance. That phrase was never in the Pledge of Allegiance until the 1950s. People don’t know this. They think, oh, that’s the way the country always was. No, never in there. They put one nation under God on the money. They did a bunch of things. Joe McCarthy would stand in Congress and say, I have a list here hold up a piece of paper. I have a list here of 53 known communists that are in Congress and in Hollywood. And people would say, can we see the list? Nope. Sound familiar? • • This is something we’ve the pattern we’re starting to see. Joseph Smith uh, these gold plates. Can we see the gold plates? Nope. Hey, we grew back these toes of this woman who had amputated toes. Can we see the toes? Nope. I have a list of communist sympathizers. Can we see the list? Nope. And it’s happening today. The same damn thing is happening today. The GOP will argue and argue and argue till their face is blue, that you got to put prayer back in schools to make everything better. And then when you ask them for any evidence that that has ever been the case. They go, uh, no comment. You need to look no further for proof of my theory than what Lieutenant Governor Dan Patrick said in Texas when talking about these bills. And he said, and I quote, I believe that you cannot change the culture of the country until you change the culture of mankind. Bringing the Ten Commandments and prayer back into our public schools will enable our students to become better Texans in order to become a better person. You have to pray to God, to the Christian God, and you have to read the Ten Commandments. And apparently, you have to have chaplains wandering the school to keep an eye on things, right? Like Professor Umbrage in Harry Potter, which is where Texas is going. If you want the perfect fascist analogy, that’s what’s going on here. So, to be clear, back in the they tried inserting prayer into schools. They started mandating that prayer be read in schools, that we have prayer periods, that we have prayer over the PA system. And people started suing and went to court, and the Supreme Court said, yeah, you can’t do that. That violates the First Amendment. And immediately the conservative right said, you’re taking prayer out of schools. You’re taking God out of schools. No, we aren’t. No, we didn’t. You can still pray to this day. There’s nothing illegal about praying in school, reading a Bible in school, talking to your friends and other students or teachers about prayer and God. The teachers might have to decline to make it an official class subject, but you can do anything you want as a student on your own. The only thing that the Supreme Court has said is you can’t spend money to promote a religion, and you can’t force people to participate in prayer. That’s it. And apparently that’s taking prayer out of school, because what people have their panties in a twist about isn’t the prayer. It’s being told, you can’t do what you want. That’s what really gets them all pissed off right now. Not every Christian in Texas is for these bills. In opposition to the bill, we had John Litzler, the general counsel and director of public policy at Texas Baptist Christian Life Commission. He and their organization are opposing these bills. They said at a committee hearing that they have concerns about taxpayer money being used to buy religious texts and pay for these chaplains, and that parents, not schools, should be having conversations about religion with their children. What a reasonable take. What a constitutional take. In fact, to quote him, he said, I should have the right to introduce my daughter to the concepts of adultery and coveting one’s spouse. It shouldn’t be one of the first things she learns to read in her kindergarten classroom, which raises a great point. • • • • Let’s ignore the fact that it’s a religious doctrine. These people want to put posters on the wall that discuss adultery and coveting women or spouses in kindergarten classrooms, which is what’s going to happen if this bill passes. So why are they doing this now? It’s pretty simple. There’s two reasons. One, the rise of Christian nationalism, and there’s a whole series of episodes we can do on the causes of that. But the main cause that sort of unleashed this wave really stems from the election of Obama. M, and we’ll get into that, but it’s a racist Christian reaction to the realization • • that they are losing power, that the country is slipping away from them, so they’re fighting to take it back. So that’s one. And the second reason is what I call the McConnell Court. McConnell for the last 20 years, has been playing the long game and playing it well. He used dirty politics and dirty tricks to stack the Supreme Court. He denied Obama the chance to have his nominees for the Court heard and came up with all sorts of excuses like, oh well, it’s too close to a reelection. It’s not fair to the American people. With a year to go to hear Obama’s nominee, we’re just not going to listen, and we’ll wait until the next president comes along and then we’ll let them nominate. And sure enough, it was Trump. And now we got a whole bunch of conservative justice. And that has resulted in what studies have shown to be the most conservative court in 90 years. This was a study done by Professor Epstein from Washington, uh, • • • University in St. Louis and Kevin Quinn, professor Quinn at • • • University of Michigan. 62% of the decisions during the period during the last, uh, term, conservatives prevailed, and more importantly, they often prevailed in dramatic ways. And the reason that is, there’s no center to this court. We have three liberal judges and six conservative judges and no centrist judge left. There’s no center anymore. So now we have a six judge majority on the conservative side with the liberals off in the corner playing the part of the opposition. • • Uh, they’re just going to write their dissents and tell everybody why they’re wrong. And hopefully those dissents will carry weight a few generations from now when we try to undo this damage. So Texas is trying to take advantage of this rise in racist, fascist Christian nationalism and the most conservative court in 90 years. They’ve already gotten rid of abortion protection and they’re going to get rid of religious protection next. That’s what they’re trying to do. Previously, I would have said all three of these bills will easily be found unconstitutional. Now you can’t be sure we don’t know what these judges are going to do. So let’s talk about historically how these cases would be analyzed and then talk about what has changed historically, the Court since 1971. So, for the last 50 years, the Court has used a three pronged test when examining religious cases. It’s called the lemon test. It came from a case called Lemon versus Kurtzman in 1971. And the court in that case came up with these tests, these sniff tests, to tell whether or not any proposed government action would be unconstitutional due to violating the establishment or the Free Exercise Clause of the First Amendment. The first prong, the first test is the statute must have a secular legislative purpose. That is, it has to have a purpose, something the state can enunciate that is secular. So if I’m going to talk about, uh, let’s say the Ten Commandments poster, the argument that has been presented before is this is not about the religious document, the religious aspects of document. This is a history lesson. The Ten Commandments were very important to Western law. So we’re just putting these in the classroom so people understand they’re important. We’ll get to whether or not that’s true later. But that would be a secular purpose. Just like if I bought Bibles for the school because I was teaching a comparative religion class. I want you to read Bibles, I want you to read the Quran, I want you to read text from any other religion, and I buy them all, and I let you read them, and we talk about the differences and we talk about the historical context. But I am not actually preaching that’s a secular purpose. So that’s the first test. The statute must have a secular legislative purpose that’s fairly easy to pass that test. That prong of the test. You can usually come up with a reason that is okay, pastors are going to help people feel better. That one might be a little problem if you’re hiring chaplains instead of healthcare workers or counselors that are secular, one must ask, why, what do they bring to the game that trained mental health professionals don’t? So you might have a problem with that one. Now, what about the prayer period? Not really a secular purpose there. When you say it’s going to be for prayer and reading of the Bible and other religious texts, not really a secular purpose there. So it’s probably going to fail under Lemon on that. Then step two of the Lemon test, or prong two is the principal or primary effect of the statute must neither advance nor inhibit religion. It can’t advance, uh, religion because it would violate the Establishment Clause, and it can’t inhibit religion because it might violate the Free Exercise Clause. And finally, the third test, the statute must not result in a, quote, excessive government entanglement with religion. Well, what does that mean, excessive government entanglement? They included factors to look at. Three of them. Specifically. One, the character and purpose of the institution benefited. So if I’m donating money to a church, that’s pretty big entanglement. If I’m donating money to a soup kitchen, that’s an independent entity that’s run by the church. That’s less • • entanglement. The second factor to look at is the nature of the aid the state provides. There’s money, there’s tax breaks, there’s providing staff there’s, giving them supplies, things like that, and finally, the resulting relationship between government and religious authority. These are all very fuzzy, intentionally so. A lot of times when you read Supreme Court tests that they come up with to detect where the line is, they are fuzzy. In fact, later cases modified the Lemon test to add a final reasonable person test, which is a common legal fiction that people use. What would a reasonable person perceive? The purpose of this law would be was something along the lines of those tests. And it basically is an excuse to, once you get to the fuzzy part, to let judges sort of make their argument and call the game, so to speak. The first three prongs are a little more descriptive, a little more rigorous, but not tremendously. So it’s hard to argue • • • • • that under the purpose prong, that creating a period of prayer in schools serves any other purpose other than a religious one, right? The purpose prong is a pretty good one. So all three of these laws would have failed easily under Lemon. Unfortunately, over the last 50 years, since it came out, conservatives have been attacking the Lemon test. They criticize it, and they say it’s aptly named, it’s a real Lemon, and it’s come under fire under judicial decisions and dissents. And oftentimes, the Court would veer away from Lemon more and more recently. They would not use Lemon due to some exigent circumstances or some special circumstance. But the death knell really came last year. It was in a case called Kennedy versus Bremerton School District. This was in 2022. You m may remember this. This is the case where a public school, uh, coach would conduct prayer on the field after games. And then the Court found that to be AOK. And Gorsuch, who wrote the majority opinion, did not use the Lemon test, but he didn’t say that Lemon was bad law. A lot of times, there’s this concept of lawyers will say that that is now, quote, unquote, bad law, it’s been overturned, or the Court, uh, disagrees with it, even if they haven’t officially overturned it. He didn’t officially say any of that. But Sotomayor, in her dissent, says and tells us all, listen, Lemon is dead. We’re not using this. The court has abandoned it. So we can all safely assume we won’t ever hear Lemon from the Supreme Court again. So that leaves us with a question. What’s going to happen with these Texas statutes? Supreme Court scholars are standing by • • insert Michael Jackson eating popcorn jiff right now. • • • That’s • • what we would be doing if we were Supreme Court scholars just waiting eagerly to see how this fight is going to play out. I’m going to go through each of the statutes and analyze the history and make my argument as to why they are still unconstitutional, even outside the Lemon test. We’re going to start with the chaplains. All right, so, looking through history, there are three cases in which the Supreme Court or, uh, subordinate courts have said that the government employing chaplains is okay. Three very specific cases. First, there are army chaplain. These are chaplains, usually soldiers. They’ve been trained in basic training, and they serve their fellow soldiers wherever they are deployed. The second are prison chaplains, which is exactly what it sounds like. Chaplains hired and employed by the prisons to minister to or serve the prison population. And third are legislative chaplains. So these are legislative bodies. Employ chaplains to open each session with a prayer and possibly counsel the legislators. Those are the three cases where the courts have said this is okay, and they said so for very specific reasons. And in each case, they declined to use lemon. And they argued that there’s very special circumstances with these three cases, which means lemon doesn’t really apply. So here’s how they analyze them. With soldiers and prisoners, the court noted, these are people who have been uprooted from their community, who are now not living in a situation where they can just walk down the street and go to their local church and get ministerial services. You can’t go and talk to your pastor when you’re serving on the front line or when you’re locked up in jail. So the government recognizes, hey, religion is important to a lot of people, and we want to provide them with a pastor, with, uh, chaplain, somebody they can talk to. People need this, uh, type of service. So the courts recognize this sort of unique situation in those two cases, army chaplains and prison chaplains, people who would have no access to religious services without government action, basically. Also with soldiers and legislative chaplains, the courts have noted, we the people have been paying for that since the dawn of our country, the birth of our country, or before. This has been going on the entire time. And if it was such a big deal, it was such a bad thing, then surely the founding Fathers, who objected to a lot of interference, uh, a lot of instances of interference between the government and religion, they would have objected, but they themselves practiced this, so it must be okay. I have never really liked the we’ve always done it argument. You know, we’ve always had slaves, so it must be okay. It’s not a great argument, but this is a slightly different right. This is, hey, the Founding Fathers did this, so it’s okay. It’s not the same as, hey, Texas had this Christian cross on public land, and it’s been there for 70 years, and nobody’s complained, which is sometimes an argument the courts will make. Nobody complained, so it must be okay. That’s different. That’s a BS argument that people use just as an excuse to let religion linger. This is recognizably different. The Founding Fathers were paying for chaplains for the army. They were paying for a chaplain for Congress. So that’s why the courts have said lemon doesn’t really apply here. These are very unique. But no other cases where government has hired pastors, hired chaplains have passed constitutional muster that I’m aware of. I’m open to being corrected. I did a bunch of research for the, uh, show, and I haven’t found any. But we can differentiate these three cases from the Texas bill, right? The Texas bill that wants to hire chaplains for schools. I think you could probably easily differentiate these. And that’s your job as an attorney is you anticipate the cases or the arguments that your opposing counsel is going to bring up. The case law, the decisions, the precedents. And then if you want to say those precedents don’t apply to you, you need to be able to differentiate your set of facts from the sets of facts in the case law opposing counsel is going to cite. If you want to say, here is case law that supports my argument, you need to show how you are the same, how you are analogous, how you are identical. Uh, • • • • but here we can easily differentiate the Texas bill from army chaplains, prison chaplains, and legislative chaplain. And it goes as follows. One, students are not soldiers, prisoners, or legislators. They have not been uprooted from their communities without any religious services available to them. They’ve got tons of religious opportunity uh, • • excuse me. They’ve got tons of opportunity to get chaplain services outside of school. As I said on the nonprofits last night, I don’t need to tell you that you can’t swing a dead cat in Texas without hitting a church. It’s like the United States capital for church per mile. I’m pretty sure that’s actually true. So Texas students are not wanting for church services. There are people there who will preach to them at the drop of a hat. So that argument of these people have been uprooted and without government action, they wouldn’t have access to these services. That doesn’t apply to students at all. And second, children are more impressionable than adults. They are less likely to object to inappropriate instruction than adults. And due to the laws that mandate school attendance, they would be interacting with chaplains. And all of this religious activity without consent, they can’t get out of it. Because let’s be clear, even though you need a permission form to participate in the prayer sessions, and you probably don’t have to meet with a chaplain, maybe the bill doesn’t say, but maybe they’re not going to make you meet with a chaplain without a permission form. That’s not in the bill, by the way. You definitely are going to be walking around school seeing other kids attend prayer session and seeing chaplains walking around, maybe with their pastor collars on, or a Christian cross or a Bible. And you know who the chaplains are. You’re definitely going to be seeing the Ten Commandment posters. So they can’t escape. They’re more impressionable. They’re less likely to object. They’re very different from soldiers prisoners and legislatures. So it’s easy to differentiate this case and say that doesn’t apply. Finally, we have one other major piece of evidence on our side, and that is, historically, before the Constitution even came, uh, about, the Founding Fathers were faced with a almost exact same set of facts, and they objected vociferously. The history is that, uh, in this case, by the way, what I’m about to tell you, this story about this bill, this 1784 bill in Virginia, has been recounted many times by the Supreme Court. I found it the earliest I found it being discussed was in a case called Reynolds v. United States from 1879. So back in 1879, the Supreme Court is going to tell you the story I’m about to tell you as a reason that you can’t hire religious staff in public schools. All right? So here are the facts of the story. In 1784, the Virginia House proposes a bill. A bill is entitled a bill establishing provisions for teachers of the Christian religion. And the bill would have paid for pastors, chaplains, teachers, those sorts of people to teach Christianity in public schools. And the Supreme Court, when they’re telling the story, notes that I love • • this sentence, quote, this brought out a determined opposition. I love the understatement James Madison prepared his famous document you may have heard of it the Memorial and Remonstrance Against Religious Assessments. In other words, my protest, my objection to taxing people for religious purposes. That document was widely circulated because the House, in their wisdom, said, we’re going to propose this bill, but we’re going to wait a year, and we want everybody to comment on it. It took a while back then, right? You didn’t have Internets and online polls. You had, uh, horses and rudimentary newspapers. James Madison prepares this famous document. Thousands of people sign it, and the Supreme Court, when they’re telling the story, says that it clearly demonstrates this document of Madison’s, his Memorial and Remonstrance demonstrates that. Quote, religion or the duty we owe the Creator is not within the cognizance of civil government. It’s not within the cognizance of it. The Civil government shouldn’t even think about doing anything like that. This is the Supreme Court all the way back in 1879. What many people would say would be an even more religious time that we live in now, saying, yeah, you can’t hire religious instructors for schools, and that that is 1879, when they’re telling the story, the Founding Fathers, james Madison is saying that in 1784, before the Constitution even exists. So this is evidence that the Founding Fathers would directly oppose what Texas is trying to do right now. But that’s not all for this story, because a little known author you may have heard of, mr. T. Jefferson, I think his first name was Thomas, he wrote a counter bill. In fact, he wrote it before the Christian religion teacher bill came out, seven years before, he had created a. Bill entitled a bill establishing religious freedom and introduced that in Virginia. And it sat around. They didn’t take any action on it. You know what happened after Jefferson and Madison and other founding fathers were objecting to Virginia’s idea of hiring religious teachers? They passed Jefferson’s bill that had been sitting around for a few years. But it contained a very, very interesting statement. And I think this statement is going to stick with us as we analyze in this episode and future episodes. Where is the line between government establishment of religion and governments impeding upon the free exercise of religion? And here is what Thomas Jefferson’s bill said. It’s in the preamble of his act. First he defines religious freedom, and then he says, quote, to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on the supposition of their ill tendency is a dangerous fallacy which at once destroys all religious liberty. Okay, so what does that mean? • • To suffer the civil magistrate to intrude his powers on the field of opinion, to allow the government to use its powers to start • • interacting with people based on their opinion, their thoughts, to let the government do that, and to restrain the profession or propagation of principles. In other words, to not allow people • to talk about their beliefs. To restrain the profession or propagation of principles, the profession to profess your principles or to propagate your principles, to spread them around. So to restrain that, to disallow people from doing that on the supposition of their ill tendency. So even though you think that these ideas that they’re going to propagate will have an ill tendency, that they will do bad things when the Nazis march in Florida against the drag, uh, • queens, we think that’s a bad idea. And we have this instinct that we don’t want to allow it. But here is Jefferson saying to restrain the profession or propagation of those ideas. What does he say at the end? To do so is a dangerous fallacy which at once destroys all religious liberty. So they were very afraid back then that they would end up in the same boat that people were in years before when they fled England. Back then, they were kind of weird. Like, uh, everybody thinks of them as just, oh, we just want religious freedom, and we want everybody • • to worship like they want. That’s not always true. If you look at what the pilgrims were doing, they wanted the freedom to do what they wanted. So they wanted to get away from England. But then when they came here and made colonies, what did they do? And they talk about this, the court that’s telling this story, the Reynolds court from 1879. Who’s telling the story I’m telling now? They even talk about that. Back then, the colonies were taxing people for religious purposes. They were giving money directly to churches that some of their citizens disagreed with. Perhaps the best example of this is my home state of Maryland. Maryland back 120 years or so, 125 years before Jefferson is writing his bill. In 1649, they passed an act called the Maryland toleration act. In case you didn’t know, Maryland is named after Mary. It is a Catholic colony at this time. And they passed this act because they came to North America to escape the Anglican Church. They were being persecuted. So they turn around and decide, well, we need to be an example of religious liberty. So this is the first act, the first law in North America that we’re aware of that guarantees religious freedom, but it comes with a gigantic asterisk. It allows religious freedom for who? All Trinitarian Christians. So you have to be a trinitarian Christian, not just a Christian. You have to believe in the Trinity. And it also has a little provision that sort of defeats the purpose, which is anybody who denied the divinity of Jesus would be sentenced to death. This is the perfect example of what the court’s talking about that pre Jefferson. We have the colonies pulling shit like this. They are not only taxing and spending and promoting, they are going to execute people who don’t agree with them. Sound familiar? Is this where Texas is going? There are certainly people in the United States today in Texas who advocate for that position. So jumping back to the court’s discussion, here we have a court telling a story about what Jefferson’s saying, and the court ends by quoting Jefferson’s conclusion. Jefferson says, in the preamble to this act, it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order. And the court in Reynolds says, quote, in these two sentences is found the true distinction between what properly belongs to the church and what to the state. So let’s review which two sentences are he talking about? That first one where we’re talking about suffering the civil magistrate to intrude his powers into the field of opinion. Here he’s saying, the civil magistrate, the government cannot intrude on the propagation of opinions. They can’t stop you from professing your beliefs and preaching to people. Right? And then in the second sentence, he says, it’s time enough for the rightful purpose of civil government for its officers to interfere when principles break out into overt acts. So the second sentence is saying it’s okay for the government to regulate actions. Basically, they can’t regulate speech and thought. They can regulate any actions. And that’s what the court held in the Reynolds case in 1879. They referenced this Jefferson bill. They referenced Madison’s objections. They referenced the idea that a, uh, state would even pay to have Christian teachers in public schools. They referenced all of that as a response to the claims by the defendant in Reynolds, who was a polygamist, and said, hey, I want to marry a bunch of women, I’m getting prosecuted. He was, of course, a Mormon. I assume you could guess that I’m getting prosecuted under criminal law that violates the First Amendment because I want to freely exercise my religion. And the Court in Reynolds in 1879 said, you can freely exercise your religion. You know what that means? You can express your opinion and you can preach to people. But as Jefferson said 100 years ago, it’s totally okay for the government to regulate acts. As soon as you do an act, we can regulate that. And I’m sorry if that act is something that you find holy, the state has every right to regulate. This idea has been around since before 1879, since 1784 or earlier. 1784 was when was when the bill came out, and Jefferson wrote his act years before it. Seven years before. So 1770, 717, 76, 77, around the time of the Declaration. So we have to keep that in mind, because this concept where the Reynolds Court says, this is the Supreme Court of the United States says these two sentences are the true distinction between what properly belongs to the Church and what to the state. What properly belongs to the church is free speech and free preaching. And what properly belongs to the state is regulating actions even if they are religious. This story • • about the act ah, the establishing provisions for teachers of the Christian religion in Virginia in 1784 has been cited multiple times by the Supreme Court. It was cited in 1879 in the Polygamy case. It was cited again in Valley Forge v. Americans United in 1982, not very long ago. 40 years ago. Oh, my God, I’m 40 years ago. And they’ve never abandoned them in Valley Forge. In 1982, Rehnquist was on the court. And you know what he said? Rehnquist one of the most conservative, if not well, no, he’s second most. Thomas is probably the most conservative justice of my lifetime, but Rehnquist is a good second. Rehnquist quotes Jefferson the same act I was just reading you, the same act that the Supreme Court has cited again and again. He quotes Jefferson saying the following to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical. So let’s stop there. There’s more, but let’s stop there. Reviewing to compel a man to force a guy to furnish contributions of money, to tax the person for the propagation of opinions which he disbelieves. So to teach or preach things that some taxpayer may not believe is sinful and tyrannical obviously shouldn’t do it. This is Jefferson. This is rehnquist quoting Jefferson, right? So taxing people to preach religion is sinful and tyrannical. And then he goes on quoting Jefferson that even the forcing him to support this or that teacher of his own religious persuasion is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals, he would make his pattern. So what does that mean? He’s saying, hey, even if you agree with the religion the state is trying to teach, right? Even if you agree that Christianity is the way to go, if you’re going to tax me or you to support that religion, it’s still wrong because it deprives me or you of the ability to say, you know what? I don’t particularly like this particular pastor’s interpretation. I like that particular pastor’s interpretation. We can have a whole series as to why the Word of God needs interpretation and why, if there’s, like, 9000 individual sects of Christianity, haven’t they all gotten together to agree on anything? We can talk about that. But Jefferson is right here, right? Even if I’m a Christian, even if I’m a Catholic, even if I’m a specific type of Catholic, I don’t want the government taxing me to give money to a Christian pastor because I might not agree with them. So this, again, is Rehnquist, one of the most conservative judges of my lifetime, quoting Thomas Jefferson, a hero of conservative movement who is saying, you should never have the government teach or preach religion. And Texas right now is suggesting doing exactly that. They’re going against Jefferson. They’re going against Madison, they’re going against Rehnquist, they’re going against history, • • uh, in the name of this new fascist Christian nationalism. That’s what’s going on. So history shows us the Founding Fathers, show us the jurisprudence of the court, show us that this should be a no brainer. Don’t do it. So what argument is Texas going to make? They’re going to make a couple of arguments. First, they’re going to probably say, hey, this is, uh, nondenominational. We didn’t say it was Christian pastors. It could be Islamic pastors or Buddhist pastors or whatever. Well, that doesn’t fly, uh, for multiple reasons. One, those are still religious pastors. The reason you’re using a chaplain. Chaplain means religious. It doesn’t mean healthcare professional. It doesn’t mean advisor. It means religious. And by the way, in the bill, it specifies that the chaplains do not need any sort of teaching certification that all the other teachers in the school would normally need. It exempts them from any teaching experience whatsoever. If that isn’t damning, I don’t know what is. We want pastors chaplains coming into the school with no teaching training. Where have I heard that before? Didn’t we just have a report out of Illinois within the last 48 hours of me recording this that reported on thousands upon thousands of children in Illinois having been abused, sexually raped by the church? And now we’re saying in Texas, let’s get people with no teaching training who have questionable qualifications. What do you need to be a chaplain? You probably need to register with the Natural Chaplain Institute and pay a fee. I’ll look into it, but they don’t have a teaching certificate. And we want to let them in school with our kids where they might be able to get a kid alone. When we talk about Conservatives worried about people grooming, grooming isn’t happening at drag shows. Grooming is happening in churches, evangelical churches, Catholic churches that’s every, every damn week we see another story of a pastor or a priest raping children. And the Conservatives want you to worry about public drag shows. So they’re going to try to say, oh, it’s nondenominational BS. If, uh, you want any further evidence of this, look at Australia. Australia created a National Chaplain program back in 2011, and everything I’m going to tell you that is going to happen in Texas already happened in Australia. Let’s talk about nondenominational or the bill doesn’t specify a particular religion. 64% of Australia identifies as Christian. What percent of chaplains in the National Chaplain program in all the schools of Australia are Christian? Do you suspect it’s higher than that? Go higher. Yeah, higher. It’s 97%. 97% of the chaplains in Australian schools are Christian, while 60 something percent 64%, I think were the numbers I saw of the students of the population are Christian. That’s what’s going to happen. I mean, 97% is kind of low, I think, for Texas. They can do better than that, I think, and get up to 99. If they get up to 99.5, they’ll surely round that off to a hunt. So Australia. That’s what happened. What else happened in Australia? There were many complaints of chaplains handing out literature that included statements that homosexuality was wrong, that condoms were ineffective at controlling pregnancy, at, ah, preventing pregnancy and preventing STDs. There were many complaints of chaplains proselytizing to the kids and trying to recruit them for religious services. There were many complaints about chaplains being utterly untrained. The American, uh, • • the Australian Psychiatric Institute put out a report showing how utterly incompetent these pastors were at handling mental health issues of the children of Australia. They did damage in those schools. In fact, one professor related a story she heard from a student who came to her after leaving school. She said, I don’t know if it was her or a friend, but she told the story of a girl who had an eating disorder and she went to a chaplain and the chaplain told the student, you’re just hungry for the Lord. So if there’s any doubt about the bullshit that the Texas Lieutenant Governor, the Texas legislature, the Texas churches are saying, just look at Australia to see exactly where this is going. It is state sponsored religious indoctrination of children. It is unconstitutional, and this court should, in a unanimous opinion, get rid of it. I don’t know what they’re going to do. I’m pretty sure Thomas will let it go. I’m not sure about the rest. So I don’t know where to go from here. I’m already all riled up, as you can tell. But take the money you would use to pay chaplains and hire mental health professionals. One of the arguments I saw floating around by a Texas legislator was saying, well, with all these shootings, they’re happening because we don’t have prayer in school, and getting these chaplains in the school will help it’ll eliminate school shootings. Obviously, he didn’t present any evidence. Obviously, it’s just bullshit. And obviously, a chaplain that has no training as opposed to a mental health professional is a bad choice. So take this money and hire mental health professionals. Moving on. Let’s move to the next bill. Hopefully, that one will be an easy one. The court, if they’re deceptive enough, they will give lip service to all the lies that we heard the legislators spinning. But the history speaks against this time and time again. So if this comes up, remember, the Supreme Court for hundreds of years has recalled the story of Jefferson and Madison railing against a bill where Virginia, • • uh, before the Constitution, was thinking about hiring religious teachers for their schools. And it resulted in massive rebellion by the Founding Fathers and a new act guaranteeing religious liberty that the Supreme Court has pointed to multiple times as the way to analyze First Amendment cases. Moving on. The next bill is the period of prayer bill. I’m going to read this so we know exactly what we’re talking about. The text says, a school may, by record vote, which means you have to record the vote. You have to write down the results and who voted for what. I find that a little suspicious. My conspiracy theorist lawyer side says they want to put board members on the record as to who’s voting against prayer. They don’t just say, you must do this. They’re giving permission to, uh, a school to do this. You may, if you choose to do this, but you have to do it by a vote that’s recorded. Not a voice vote, a recorded vote. So by record vote, they may adopt a policy requiring every campus of the district or school to provide students and employees with an opportunity to participate in a period of prayer and reading of the Bible or other religious text on each school day. In accordance with this section, it says, this may be done, quote, only in classrooms or other areas in which a consent form has been submitted for every employee and student. So the school may require that every single day there be a period in which students who have opted in and staff who have opted in may participate in a prayer, in prayer and reading of the Bible, and quote, unquote, um, • • other religious texts. Obviously, the Bible comes first. • • You never see this as, um you may read religious texts such as the Quran and other religious texts. It’s always the Bible. We know what the purpose is here. So this has been tried before. Again, we have a case called McCullum v. Board of Education. From 1948, Supreme Court struck down a public school program releasing students from classes once a week for religious instruction. It was conducted in the regular classrooms with the students being able to opt out. It required those students, the opt out students, to move to a different classroom to have other studies. The court in the McCullum case dismissed the case on the ground that, uh, public schools maintained with tax dollars were being used by religious groups to spread their faith, right? We’re going to have christian teachers who opt in, read the bible to students. Texas doesn’t get away by saying, oh, you have to opt into this. The McCullum case, you could opt out. • • You still had choice, right? So the court said, given all that, and given the school has a compulsory attendance policy, it violates the first amendment because they’re paying money to spread religion. So that alone should be enough to dispose of the Texas period of prayer bill. But I have another theory that I would like to examine that I think is a theory that needs more attention by supreme court attorneys. And it’s this. And let’s clarify. McCullum, the 48 case was disposed of just as a first amendment that you are establishing a religion by paying money to do this. I’m going to argue that it is also a 14th amendment problem. The 14th amendment, the operative part for this particular instance, is the equal protection clause. So before the civil war, the bill of rights, the ones you’re all familiar with, only applied to the federal government. It only applies to national laws. A state could come in and establish a religion if they wanted to. The first amendment didn’t apply. That led to a big disagreement you may have heard of, which is the civil war. And it was fought over the fact that, hey, you guys are enslaving an entire group of people, and we think they should have equal protection just like everybody else. But you guys have chosen not to give them equal protection in your local state laws. So we want the national government to come in and protect these people. And the, uh, states said, no, we really, really like slaves. We make so much goddamn money, we get filthy rich off of slaves, so fuck you. We’re going to keep enslaving humans and treating them like dirt, and we fight the civil war on it, and we win. And a bunch of traitors who fly the confederate flag and are utterly racist lose. And we create and pass the civil war amendments. There’s three of them, and the 14th one says, nobody in any state can be denied equal protection. The civil war amendments make sure that most of the bill of rights apply to the states. Now, so the 14th amendment, equal protection is an argument that needs to be made and could have been made under McCullum. But definitely I would make it under this Texas bill. I would first cite McCullum and say, this has been done before. It violates the establishment clause of the first amendment. But it also violates equal protection. I would use the phrase this is separate but equal 2.0. Separate but equal was the Plessy versus Ferguson. You may remember one of the worst cases decided in Supreme Court history that said that separate but equal, dividing black children and white children up in school and acting like they have equal resources. Plessy versus Ferguson said, yeah, that’s totally fine. And it took a long time until we got to Brown versus Board of Education where the court said, yeah, no, that’s not fine. Separate but equal 2.0 is what we are seeing in Texas, not just with the period of prayer bill. But I would argue you make this argument with every single religious case that comes to the court 14th Amendment, equal protection. And the best way that I can demonstrate that is to read something that I read last night on the nonprofits. I had this idea of how to demonstrate this, and all I’m going to do is I’m going to read the operative paragraph from Brown versus Board of Education. If you have not read this, and I’ve said this in previous episodes, you really should read the whole opinion. Brown is special. Brown is a wonderful case. It’s one of those few cases that you can point to and say, • • • this is perfect. This is a group of people unanimously agreeing to do the right thing and doing it in such an efficient way. So what I thought was, is I would just take the operative paragraph of Brown v. Board and substitute the words that have to do with race and switch them out with words that have to do with religion to demonstrate the same reasoning applies. So what I’m about to read is Brown v. Board, but I’m going to substitute concepts of religion for race. So where they said black children, I would say atheist children, and where they would say race, I might say religious beliefs. Okay, got it. Let’s see if this logic still applies. As I said last night, pay attention, Texas courts. I’m about to do your job for you and write this opinion. This is all you need to get rid of all of these cases, especially • • • • • the period of prayer. So here we go. To separate children from others of similar age and qualifications solely because of their religious beliefs generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effects of this separation on their educational opportunities was well stated by a finding in the Kansas case. Segregation of religious and atheist children in public schools has a detrimental effect upon the atheist children. The impact is greater when it has the sanction of the law. For the policy of separating the religious from the Irreligious is usually interpreted as denoting the inferiority of the Irreligious group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore has a tendency to retard the educational and mental development of irreligious children and to deprive them of some of the benefits that they would receive in a secular school system. See how that works? Go read it. Go read the opinion. Brown V board. It’s a unanimous decision. It’s like two pages long. And the point they’re making here is, it’s not whether or not there is equality on either side of the line. Even children know there’s a reason the line exists. We’re not going to pretend like it’s just equal. The reason the line exists is one is inferior to the other, and that violates the equal protection clause of the 14th amendment. And this equal protection argument may very well be the only path left to us after this McConnell court has done their damage because lemon test is gone. So first amendment cases are going to be squishier now, right? They’re going to be more permissible as far as government inserting itself into religion, and religion inserting itself into government. Lawyers have not used this 14th amendment as much as they should. In fact, there’s a paper called thou shalt use the 14th amendment done by a law professor. And she argues what I’m saying here, this is where I got some of these ideas is this is a valid argument. This equal protection clause may be even more powerful than just a straight first amendment clause argument. All right, finally, we’re going to wrap up with analyzing the ten commandments bill that was introduced in Texas. And I’m going to read you this bill because it’s got a lot of funny points in it. So the title is an act relating to the display of the ten commandments in public schools. And it says section 141. • • • That’s a product of editing. • • • You start subdividing sections when you insert stuff. So let’s call it section one. Display of the ten commandments. A. A public elementary or secondary school shall display in a conspicuous place in each classroom of the school a durable poster or framed copy of the ten commandments that meets the requirements of subsection b. Subsection b. A poster or framed copy of the ten commandments described by subsection a must one include the text of the ten commandments as provided by subsection c in a size and typeface that is legible to a person with average vision from anywhere in the classroom in which the poster or framed copy is displayed? And two, be at least 16 inches wide and 20 inches tall? C. The text of the poster or framed copy of the ten commandments described by subsection a must read as follows quote the ten commandments on line one. Line two. I am the lord thy god with am with I and am and lord in all caps. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images. Thou shalt not take the name of the Lord thy God in vain. Remember the Sabbath day to keep it holy. Honor thy father and thy mother, that thy days may be long unto the land which the Lord thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not cover thy neighbor’s house. Thou shalt not cover thy covet thy neighbor’s wife, nor his man servant, nor his maid servant, nor his cattle, nor anything that is thy neighbor’s. That’s the end of that. Section d a public elementary or secondary school in which each classroom does not include a poster or framed copy of the Ten Commandments as required by subsection. A must one accept any offer of a privately donated poster or framed copy of the Ten Commandments, provided that the poster or copy, blah, blah, blah, blah, meets all of the requirements previously stated, et cetera, et cetera. So what do we have here? We have a requirement. This is not, uh, a may, this is a shall. And it must it says, a public elementary or secondary school shall display, and the poster must meet these requirements. What I find kind of funny about this, there’s a couple of things. One, the fact that they had to specify which Ten Commandments, and they also went out of the way to say, I am the Lord thy God with Lord in all caps. Am. In all caps. If you go out and Google the Ten Commandments, right? Many, many church websites ignore that sentence, because it’s not really part of it. The second one, the one that says, thou shalt have no other gods before me, that’s usually what people say is the commandment, • • • • • I am the Lord thy God. That’s not a commandment, that’s a declaration. But of course, in Texas, they’re going to include that, because they want the word Lord to be in all caps. So people really understand from the get go what this poster is about. So it’s pretty funny. But it also raised another question. There are multiple copies, multiple versions, I should say, of the Ten Commandments in the Bible. One of the versions has some sort of rule about not boiling • • a kid goat in the milk of its mother. That’s not a very popular version, but the reason that they had to specify in this bill • • • • • • what the text of the Ten Commandments were is because not everybody agrees. This reminds me of back in I forget the year, but Louisiana, a legislative session, uh, • • in Louisiana, they tried to make the Holy Bible the official state book of Louisiana. You’ve heard of this sort of BS thing that legislative bodies waste their time on, which is creating an official this or an official that, • • the official bird of the state, and the official sport of the state, and the official beer, or, uh, whatever it is, right? And it’s just a way to make people. Feel cozy and to waste time. Well, Louisiana tried to make the Bible the official Book of Louisiana. Guess what happened? Predictably, they couldn’t agree on which Bible, right? The Catholics wanted the Catholic version. The Protestants wanted one of many versions. Was it the King James? Was it the NIV? They tried to make it nondenominational and not even say which version. They just tried to make it the Bible. But eventually they just gave up because immediately the infighting started it. Uh, kind of reminds me here of why they’re putting these words in here, because people are going to disagree about this. So that’s funny. The other part is that they have to get down to • • it’s going to be this wide, this tall. It’s got to be legible to person with average eyesight from anywhere in the classroom. And I’m getting down to the enforcement side of this, right? When I imagine the enforcement side of who’s going to complain about this, I’m imagining doing eye tests to find out who has average eyesight and then having to trust them to sit in every inch of the room and see if they can read the Ten Commandments from where they are. That’s how you’d have to enforce this, right? • • • You’d have to do something ridiculous. So while the bill itself, of course, is very funny, the fact that Texas is declining to obey the Constitution while forcing this down people’s throats is anything but funny. So has the Court addressed this before? Of course they have. Just like the other cases, right? We’ve got Stone V Graham, 1980. The Court held that a Kentucky statute that required the Ten Commandments to be posted in school classrooms did what violated the First Amendment. However, they used the Lemon test. And as I said at the intro to the show, this Court has done away with that test. So what’s going to happen? So the biggest argument that I’ve heard is that this is not a religious document, that this is a historical document. The Court concluded in the Graham case, Stone v. Graham, that requiring, quote, the requiring of posting the Ten Commandments in public schoolrooms has no secular legislative purpose. And that’s the first prong. Remember the first prong of the Lemon test? There’s no way this isn’t religious. But while Rehnquist, who was on that court, agreed with the framework, he said, I think it passes the first prong of the Lemon test because he says that the commandments, quote, have a significant impact on the development of secular legal codes in the Western world. That’s the argument I think you’re going to hear from Texas. This is not a religious document. This is historical document. And that’s why we’re showing it to Kindergartners. We want Kindergartners to come in. And one of the first things they learn to read on the wall is about coveting your neighbor’s wife. That’s what we think is a good idea. So • • is it really a legal document? Was rehnquist right that it had a significant impact on the development of secular legal codes in the Western world? I don’t think so. There’s been a lot written about this. The biggest, best document I could find on this was a 200 over 200, 204 page law review article by Professor Robin Bradley Carr, who is a professor of law and philosophy at University of Illinois College of Law. And their paper was entitled Western Legal Prehistory reconstructing the Hidden Origins of Western Law and Civilization. They spend 204 pages going through the artifacts that we have that talk about where did our legal center come from? And it vastly predates the Ten Commandments well well • • • beyond the time that they were written. We don’t even know when the Ten Commandments were written, let’s put it that way. That’s how loosey goosey that is. But certainly it was around, let’s say, about 600 or 700 BCE. And some of the stuff that we find, uh, • at least what Professor Carr is talking about, is • 4000, 5000 BC. The earliest written law that we have is, uh, approximately 2000 BC. And I’d like to compare it with the Ten Commandments to see how it stacks up. Let’s take a look. So this is the code of Ernamu. I’m not sure if I’m pronouncing that correctly. It’s from Mesopotamia. It’s the oldest human written law on record. It was written on tablets in the Sumerian language about 2100 to 2050 BCE. Approximately 500 to 800 years prior to the earliest estimates of the origin of the Ten Commandments. So five to 800 years before the Ten Commandments, and it includes a lot of laws. Here’s a sampling. One if a man commits murder, that man must be killed. Um, two, if a man commits robbery, he will be killed. Three, if a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver. Four, if a man deflowers the virgin wife of a young man, they shall kill that male. Five, if a man appears as a witness and was shown to be a, uh, perjurer, he must pay 15 shekels of silver. Do those sound familiar? Thou shalt not kill. Right. If a man commits a murder, that man m must be killed. Thou shalt not kill. If a man commits a robbery, he will be killed. Thou shalt not steal. If a man commits a kidnapping, he’s be imprisoned. Well, we don’t really get that one in the Bible, do we? We do get some don’t kidnap stuff, but we also get it’s okay to. So not only is it okay to go kidnap slaves from the nations around you, you can keep them as your property for life, and you can beat them as long as you don’t kill them immediately. If you beat them and they die after two or three days, it’s okay. You can pass them on to your children, and you can use them as sex slaves. That’s what the Bible says, but here, five to 800 years before the Ten Commandments, they’re just saying don’t kidnap. Now, in other places in their law, this ancient law, it does talk about slavery. So no different than the Bible. It’s exactly the same. Four, if a man deflowers the virgin wife of a young man, they shall kill that male. Did the Ten Commandments say? Don’t rape. They say don’t covet, but they don’t say don’t rape. Five, if a man appears as a witness and was shown to be a perjurer, he must pay 15 shekels. Do not bear fault witness. Most of the Ten Commandments preexist in this document five to 800 years before the earliest estimates of the Ten Commandments. So rehnquist is full of shit. All right, • • everybody that makes that argument that the Ten Commandments are essential and the core and the source of all that we know is good in our society, in our legal systems, they are full of crap. They’re using that argument, as I have said, in every single podcast, as a way to trick and fool people into going along with what they want. There’s a great story called about the Holy Bible. It was written in 1894 by Robert Ingersol, and he puts this very well. This is what he says about this claim. This claim’s been around forever, so here we go. Some Christian lawyers, some eminent and stupid judges, have said and still say that the Ten Commandments are the foundation of all law. Nothing could be more absurd. Long before these commandments were given, there were codes of laws in India and Egypt, laws against murder, perjury, larceny, adultery, and fraud. Such laws are as old as human society. All of the Ten Commandments that are good were old. All that were new are foolish. If Jehovah had been civilized, he would have left out the commandment about keeping the Sabbath, and in its place would have said, thou shalt not enslave thy fellow men. He would have left out the one about graven images, and in its stead would have said, thou shalt not wage wars of extermination, and thou shalt not unsheath the sword except in self defense. If Jehovah had been civilized, how much grander the Ten Commandments would have been. All that man has accomplished for the benefit of man since the close of the Dark Ages has been done in spite of the Old Testament. I couldn’t put it any better. So let’s remember, when Texas inevitably makes this argument, it’s, uh, a load of hooey. And if the court goes along with it, they’re shortchanging the American people in the name of them forcing their own religion on the country. So here’s my predictions. Let’s take a look at the bills. I think hiring chaplains in every school actually has a chance of passing. I think that they’re going to buy in at least some of the justices are going to buy into the claims that this is going to be nondenominational optional counseling rather than religious based indoctrination and instruction. I hope that I’m wrong on that one, but I think that one actually has the greatest chance of passing judicial inspection. The second one, the period of prayer, is also a pretty close call since they have the opt out. But we have direct case law on that one, so hopefully they’ll let precedent stand. And mandating the posting of the Ten Commandments is just right out. If that stands, uh, the other two will pass. It will be game over. As far as us pretending that the court is anything but a position of power where you get to do whatever you want, so keep an eye on these cases, keep talking to your legislators, keep educating your friends, and don’t let them use these bullshit arguments. What’s happening in Texas is state sponsored religious indoctrination of children, and it needs to stop. I’ll see you next time on the cross. Examiner. • • • • • • •

Speaker B

This has been the Cross Examiner Podcast, the Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon. 

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The Cross Examiner Podcast S01E05 – Faith Healing (Part 2) Does Prayer Work? https://www.thecrossexaminer.net/2023/05/29/the-cross-examiner-podcast-s01e05-faith-healing-part-2-does-prayer-work/ https://www.thecrossexaminer.net/2023/05/29/the-cross-examiner-podcast-s01e05-faith-healing-part-2-does-prayer-work/#respond Mon, 29 May 2023 05:44:20 +0000 https://www.thecrossexaminer.net/?p=1382 Next in our series on faith healing, we examine the efficacy of prayer.   Does it work?  If not, then why does the Bible say it does? If all the science shows that it does not work, then why do people believe that it does? The "Tank" Men's Conference at James River Church   Automated Transcript...

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Next in our series on faith healing, we examine the efficacy of prayer.   Does it work?  If not, then why does the Bible say it does? If all the science shows that it does not work, then why do people believe that it does?

The “Tank” Men’s Conference at James River Church

 

Automated Transcript

Two lawyers are in a store when two armed robbers burst in and yell, Stick em up. As the robbers move from customer to customer, stealing their money and jewelry, the first lawyer shoves something into the other lawyer’s hand. What’s this? The second lawyer asks. The first lawyer replies, it’s the hundred bucks I owe you. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 

Welcome to the Cross examiner podcast, the Internet’s courtroom in the case of rationality versus religion. Here, our host uses his experience as both an attorney and an atheist to put religion on trial. We solemnly swear that it is the most informative, educational, and entertaining jury duty you will ever do. And, uh, now it’s time for the cross examiner. • • • • • • • • • • • • • Welcome to the Cross examiner podcast. I am your host, the Cross examiner. I am an atheist. I am an attorney, and I am alarmed. I’m alarmed by the rise of Christian nationalism in the United States. And more importantly, I’m alarmed by the massive amount of misinformation that is powering that rise. So last episode, we had a fun episode where we talked about the Show Me the Toes incident at the James River Church that started me down a path of research that has taken me quite a while. We had some family vacation and all of that stuff. But it’s been a while since I’ve been able to publish an episode, because faith healing, it turns out, is a massively, deep issue. There’s so many aspects to it. To understand • • • why in today’s society, in arguably the most powerful nation in the world, the most scientifically advanced nation in the world, we have states that let parents kill their kids because they opt to use prayer instead of actual medicine. And so I thought this episode would just be about that. But in order to discuss that, in order to completely understand • • how we got here, we have to go through many, many different steps. And, um, I’m still a novice podcaster. I’m still sort of learning how to do things. So you’ll forgive me as I have to chop things up and take some time as I do my research. I’ve read a couple of books. I’ve read a whole bunch of scientific papers in order to prepare myself for the next several episodes. So I hope to drop the next several in a row very quickly, uh, now that I sort of have an understanding. So let’s go back to that James River church. The pastor who said that they prayed and regrew amputated toes, outrageous claim, we all laughed at it. And • • by the way, after that, somebody reached out to me and pointed this out. I did not realize this. That’s the same church where last year in 2022, Josh Holly, the Missouri congressman he was the one who gave the fist bump in the air show of support to the January 6 traitors, the insurrectionists. As he was walking into Congress, and then was later seen fleeing like a coward from that very crowd as they rampaged through the Capitol looking for people to tie up, kidnap, and possibly kill that guy. Spoke at this church last year, and, • • • uh, he was at a men’s conference. And I watched a video of that event just to sort of get a feel for this. And again, this is a megachurch. Thousands of people. And this conference was held in either, uh, it looked like some sort of arena, sort of an NBA basketball size or hockey size arena, maybe a little bit bigger. And there was a giant stage with a, um, hair metal band playing and electronic signs everywhere with waving red, white and blue flags. There was a dirt area in the middle, like like I said, like an arena area with four cars parked in a two by two grid and out from under the stage at some point during this hair metal song, again, this is a Christian church men’s conference. Out from under the stage comes a giant tank with a man coming out of the hatch on top with two what looked like automatic machine guns, like Uzies or something like that. Small but automatic, with long clips, shooting them into the air • • as the tank with a flag on it, of course, rolls forward and crushes the four cars, right? Wasting four good cars. Crowd goes wild. This is, of course, all tax exempt. Tax exempt event. Um, tax exempt church • • • • with American flags, tank, machine guns, hair metal. Obviously, this is what Jesus envisioned, right? • • This is what we want to encourage our youth to look up to. So I will put a link to that video. You have to see it to believe it. But Josh Holly spoke at that event for this church, who now, a year later, is saying, uh, we regrew toes. And when people said, Show us the toes, can you show us any evidence? They immediately took all the media down off their website and said, oh no, we’re protecting this person’s anonymity and privacy. Even though they had splashed her name all over their social media feeds and made videos or produced videos with her in it. Testifying about how she could now tiptoe in her sneakers as proof that she had regrown her toes. So, I’ll post a video of the tank, • • the Jesus Tank, I guess, is what we’ll call it. The Jesus tank. Crushing cars with a hair metal band and American flags and machine guns on my website@thecrossexaminer.net for this episode. But it did remind me of a quote. Uh, and it goes like this when fascism comes to America, it will be wrapped in the flag and carrying across • • • that’s what we’re seeing white, uh, Christian nationalism is fascism. And I say white Christian nationalism. Christian nationalism is fascism. But on a whole, when you look at the demographics, the vast majority of people that hold fascist, nationalistic, Christian ideals are white evangelicals. They’re the people that carried Trump to power. That quote sometimes is improperly attributed, uh, • • to Sinclair Lewis when I did my research, I couldn’t figure out who actually originated it’s. One of those that just sort of evolves over time and has been attributed to a lot of people. But think about that. When fascism comes to America, it will be wrapped in the flag and carrying across. That’s what we’re seeing everywhere. Not just in the Jesus tank, but in Texas and in Florida, in every little school district that the GOP is trying to take over and insert religion into the schools. That’s what they’re doing. So that was fun. And we can say, okay, so what? So what? People are doing faith healing in churches and praying and who cares? Prayer is everywhere, right? Prayer is part of society. In fact, I went out to sort of immerse myself in instances of prayer. I’m going to do a little montage of media references to prayer that I think you’ll find entertaining. First, let’s take a look at some music you may recognize. This is a song about prayer or that references prayer that contains possibly the most famous rock and roll key change • • modulation, I guess I should say the sound intellectual key change in music history. Which one is it? Uh, think about that for a second before I play it. • • •

Speaker B

We got a • • • • • • ready all night you live on the fight when I fall as you got • • • • • • • • • waving. • • • • • • • • • • • • • • • • • • • • •

Speaker A

That, of course, was Bon Jovi. Living on a prayer. You’ve got to love it no matter what. Here’s, uh, • another one that you may recognize. • •

Speaker B

Jesus take the wheel • • • • take it from my head • • • because I can’t do this all night • • • • • • • • I let it go • • • • give me one more chance • • • • • save me from this road I know • • • • • • • • • • • • • • • • • jesus take the wheel um. • • • • • • • • • • • • • • • •

Speaker A

Jesus take the wheel carrie Underwood I got a real problem with that one. Uh, that one is all about, • • uh, I can’t do this on my own. You know, the story that the, you know, the country formula where you do at least one verse of just a normal thing and then you repeat it, but it’s at a sort of a metaphorical level. So you sort of catch on that it has two meanings right here. Uh, first, this woman’s driving down the road and her car is sliding on ice and she takes her hands off the wheel as Jesus takes the wheel, • • • • throwing herself up to prayer to God, and say, please help me, I can’t get out of this. And the lyrics, as you may have heard, say, I can’t do this on my own. Well, for those of us who actually see no evidence that prayer works, whether or not there’s a deity or a God, • • • • we, uh, • say, you have done it on your own. Right. • • I have a real problem with the twelve step programs that say you have to turn yourself over to higher power to recover from addiction. • • • Uh, that’s not true. Everybody that’s gone through that has done it on their own. • • • People who give credit to a higher power, just getting them out of trouble are selling themselves short. So I’m always very frustrated when I hear that it’s also very dangerous. Don’t take your hands off the wheel, right? Just don’t do it. Uh, here’s another one you may recognize. This is one of my favorite sort of prayer songs. I loved this song when it first came out. Sometimes, um, i, um, thank God. • • • • • • • •

Speaker B

For unanswered prayers. • • • •

Speaker A

Remember when you’re talking • • • to the man.

Speaker B

Upstairs that just because he doesn’t answer • • • doesn’t mean he don’t care? • • • • • • • • • •

Speaker A

Some of God’s greatest gifts • • • • • • are, uh, unanswered prayers. • • • • • • Garth Brooks unanswered Prayers • • • • • used to pray to God for this girl. I wish he would marry me. And then my actual wife and I meet her years later, and I realized, whoa, that would have been a big mistake. So sometimes God answers your prayers by saying, no, I’ve got other plans for you. We’ll get into that later. But I always enjoyed that song. • But what about movies? Prayers all through movies. Here’s some of my favorites from the movies. Obviously, we have to start with the single best prayer ever • • done on film.

Speaker C

Dear Lord baby Jesus, or as our brothers to the south call you, Jesus, • • we thank you so much for this baniful harvest of domino’s, KFC, and the always delicious Taco Bell. • I just want to take time to say thank you for my family. My two beautiful, beautiful, handsome, striking sons, walker and Texas Ranger, • • or Tr, as we call. And of course, my red hot smoking wife, Carly, who is a stone cold fox, who, if you were to rate her ass on 100, it would easily be a 94. Also want to thank you for my best friend and teammate, cal Naughton Jr. Who’s got my back no matter what. • • • • •

Speaker A

Shaken bait.

Speaker C

Dear Lord baby Jesus, we also thank you for my wife’s father, Chip. We hope that you can use your baby Jesus powers to heal him and his horrible leg. And it smells terrible, and the dogs are always bothering with it. Dear tiny infant jesus.

Speaker B

Hey, uh, you know, sweetie, • • • Jesus did grow up. You don’t always have to call him baby. It’s a bit odd and off putting to pray to a baby.

Speaker C

Look, I like the Christmas Jesus best, and I’m m saying grace. When you say grace, you can say it to grown up Jesus or teenage Jesus or bearded Jesus or whoever you want.

Speaker B

You know what I want? I want you to do this grace good. So that God will let us win tomorrow.

Speaker A

That is, of course, only part I can’t play the whole thing and take forever. But that is, uh, Ricky Bobby will Ferrell playing Ricky Bobby, uh, praying to tiny baby infant Jesus. Love that scene. That is so good. But there’s actually a moving prayer that is actually, I guess, my my most favorite prayer. And you may recognize this scene. This is Jimmy Stewart and It’s A Wonderful Life having an utter breakdown. • •

Speaker B

Dear Father in heaven, • • • • • • • • • • • • • • I’m not a.

Speaker A

Praying man, but • • • if you’re up there.

Speaker B

And you can hear me, • • • • • • • • show me the way. • • • I’m at the end of my rope. • • • • • • • • • • Show me the way. • • • • • • • • • • • • •

Speaker A

And no review of prayer and film would be complete without • • Monty Python. The meaning of life. The prayer at the Church of England Run School for Children.

Speaker B

Oh, Lord. • • • • • • • • • • • • • Oh, you are so big. • • • • • • • • • • • • So absolutely • • huge. • • • • • • • • • • • • • • • • • Gosh we’re all really impressed down here, I can tell you.

Speaker A

I love it. • • Cracks me up • • every time. • • • • And one last clip, as you know about me, if you know me, I love musicals, stage and screen. This is from Les miserab. This is Jean Valjean praying to God to save the life of Marius, who’s been wounded. He’s trying to get him back home • • because he knows that his daughter is in love with Marius and he wants them to be together forever. This is Jean Valjean pleading with God in the song bring him home. • • •

Speaker B

Gord. • Don’t know • • • • • • • • • • • • • • • • • • • • my breath • • • • • • • • • • • • • • • • • in my knee • • • • • • • • • • • • • • • • • • have always been there • • • • • • • • • • jesus, you • • • • • • • • • • • • • • • • • • • • pray, • • • • • • • • • • • • • • • let him rest • • • • • • • • • • • • heaven bless • • • • • • • • • • • bring him • • • • • • • • • • • • • • • • and love • • • • • • • • • • • • • • • bring • • you. • • • • • • • • •

Speaker A

Absolutely stunning. I love that performance. I love that song. I love that musical. Wonderful. So, obviously, prayer and on a broader scale, religion, are infused in our culture. It’s part of a large swath of society, and one can enjoy it. These events, these musicals, these songs, these movies, without being religious. I love all of this stuff. It’s great. It describes the human condition, this longing to appeal to a parental figure to help you out of a problem. But the question at hand is, despite the fact that it’s infused in our society, is it true? That’s the important question. We can appeal to this in an artistic sense, and some people will appeal to it in a sort of academic sense, but is it actually true? With a capital T, so to speak, right? Does it comport with reality if Jean Valjean prays to God to intercede and cure or heal or prevent from dying Marius, will Marius in fact, be healed by God? That’s the question for this series. The answer is slightly complicated because prayer does have some beneficial effects. Based on the research I’ve done, is going out and reading papers on PubMed and all the literature, but the overall answer is no. And I want to go through that because that’s very important. Because to move on from this and talk about faith healing in America, we have to set the foundation that prayer doesn’t work. It does not work. So let’s go through the regime, shall we? I’m going to start from my background. My background in the law was in FDA regulatory law. I represented clients who were interacting with the FDA. It’s what we would call administrative law. It’s probably and here’s a law nerd for you the most important body of law for any lawyer to actually learn, uh, the rules and procedures surrounding administrative law, because that more than everything else • • • in the body of law in the United States. That is what affects most people’s day to day living. It’s not criminal law. It’s just, • uh, agencies carrying out congress’s directives, right? So we say as a lawmaking body, make sure the food is safe, make sure drugs are safe, actually, not just safe, safe and effective. And that’s important. And then in order to do that, they say, okay, create this agency and you go make it safe. And we don’t have the time, expertise, or manpower to do that, because it’s a huge undertaking. So we’re going to delegate our rulemaking authority to you, the FDA. There was a whole history as to whether or not delegating that rulemaking authority was constitutional. Back in the industrial revolution, things changed, and we had to change our viewpoint on that and say, yeah, the modern world is too complicated. We can’t have congress making rules about every single little food or drug or medical device that comes out. Uh, cosmetics that comes on the market. Congress would be ginormous and would never get anything done. So that view, the view that delegating this rulemaking authority is now under attack again with the new conservative court. There’s a case pending that might overturn something called chevron deference. That’s sort of my expertise. We’ll talk about that in another episode. But. Let’s get into FDA. Why am I talking about FDA? Well, as I mentioned, their mandate is to make sure that drugs are safe and effective. What does that mean, safe and effective? • • Safe is sort of a weighing of risk. No drug is risk free or side effect free, aspirin is pretty close to being side effect free, but no drug is side effect or risk free. So FDA weighs the benefits from the risks. • • Given the fact that they can label a drug properly, they can put in the appropriate information. • • So, for example, I am a cancer survivor. I had stage four cancer early in my life, and I went through chemo and radiation and more chemo, and surgery and more chemo. And that chemo came with a risk. It’s called neuropathy. It’s a poison. It kills your nerves. So now I have really • • tingly feet a lot of the time. It’s really irritating. But that cost was known, and it far outweighed the risk of death. So it is deemed to be safe for its intended use. It’s safe with respect to trying to cure cancer. It would not be safe if its purpose was to relieve you of a headache. So safety goes to the intended use. Curing cancer benefits outweigh the risk. Curing a headache, • • • • • • • it won’t cure your headache, and it will give you neuropathy at least. And you may have allergic reactions and all other things. So safety goes to the intended use. So that’s safety uh, a funny side note. FDA, back in 2017, said, no, you cannot import certain drugs into the United states that you want to. And these drugs were death penalty drugs. I believe the history was us manufacturer, like the last manufacturer of death penalty drugs, stopped manufacturing it. And there were several states that desperately wanted to kill people, and they couldn’t. So they started importing these drugs. And when you import into the United States, • • you have to go through a port and have to have your goods inspected, have a bill of lading and all of that stuff, so that people can say, HM, I think I want to take a look at this. And when FDA, which has a presence as our ports, when FDA saw you’re importing these drugs, well, those drugs, they’re not safe. Even for their intended use. There is no upside to killing a person. So they actually said, no, you can’t import that drug. • • And the states freaked out, and the US. Justice department got involved. And to mollify, the states, uh, said, oh, okay, well, we’ll issue a memo that says these drugs are not and I think this is actually the correct ruling. It’s just kind of odd that they went through this fight. Justice department came in and said, okay, we, the lawyers for the executive branch, basically say it’s our opinion that these drugs are not covered by the food and drug and cosmetic act that enabled the FDA, because that was intended for medicine, for things that were trying to treat a condition. These drugs, by definition, are not trying to treat anything. They’re trying to kill somebody. So FDA, you have no authority to regulate these drugs. • • And so that led the states, who wanted to, to start gleefully killing people again, uh, with drugs. But FDA said at the beginning, hey, drug not safe, not letting it in. It’s very effective, but it’s not safe. It has to be both safe and effective. So what about effective? How do we measure that effectiveness? • • It’s easier. You basically say, all right, as a drug manufacturer, I’m making this claim. This thing has 87% chance to decrease the size of this type of cancer tumor by this percent over this period of time. Right. You’re making this claim, and then you have to do millions and millions of dollars worth of studies to prove that, and you have to do that before it even gets on the table. At FDA, you file what’s called an NDA, a new drug application. And to do that, you have to have all these clinical studies. So we invest millions of dollars to make sure that each drug is safe. Look for an alternative example of why we want safe drugs. You need to look no further than alternative medicine, quote, unquote, right? What they call complementary alternative medicine cam. They try to say complementary because they know that you better go get • • real medical treatment, and this will complement it, there’s always somebody willing to sell you something in addition to • • what is good for you to say, well, this will make it work even better. And that’s what alternative medicine really is. Before we get going, alternative medicine, let’s just remember the great quote from Tim mentioned, one of my favorites, who said, quote, alternative medicine, by definition, has either not been proved to work or been proven not to work. Do you know what they call alternative medicine that has been proven to work? • • Medicine. • Always remember that when you hear alternative medicine, by definition, if you’re an alternative medicine, that means you haven’t been proved to work. You haven’t gone through the effort to actually prove, using your clinical trials, that what you’re proposing actually works. And usually that’s a good reason you haven’t done that or you have done it and he’s been proven not to work. Otherwise we would just call you medicine. And the example he uses during that, uh, that’s called his Nine Minute Beat poem. It’s called storm. I highly recommend it. It’s a great poem about sort of, hey, science is important, and it doesn’t have to be like, dry and you don’t have to invent all of these magics and mythical creatures to make the universe interesting. The universe is in and of itself interesting. • • What he goes on to say is, • • we do take alternative medicine and make it medicine. Aspirin is a perfect example. I used it earlier. Aspirin is derived from the bark of the willow tree, and it used to be alternative medicine. And then we did a bunch of studies and we went, yep, yep. The old wives tales, or whatever you want to call them, proved to be true. This is both safe, one of the safest drugs out there, and effective for a bunch of uses. It cures headaches, it can lower blood pressure. There’s a bunch of things you can do with aspirin. So, yes, that used to be what we would call an alternative medicine. And then we actually • • did science. We messed around with it and wrote down the results and remembered what those results were. That’s science, right? Messing around plus writing it down is science. So other alternative medicines give us a good example of what isn’t safe. There was a study called Fatalities, uh, • • • • after complementary alternative medicine that over reporting period, studied acupuncture, chiropracty, and something called EDTA. • • • In acupuncture, they found 86 instances of people dying from acupuncture. The causes include, like, puncturing organs, but most commons were bacterial infections. So, • • uh, not only did they not find effectiveness, they found lack of safety, mostly in how it was administered. Right. If you’re puncturing a heart or a liver or a central nervous system, like going into the spine of somebody, or not cleaning your tools, that’s what you get right under chiropracty. They found 26 published cases where people died. • • • Usually fatalities were not published in the medical literature • • • • • • • • • because • • • chiropractic doctors are not doctors, they’re not MDS, let’s be clear about that. They are quacks. And the pathology they usually found about this was a vascular accident involving the dissection of a vertebral artery. After upper spinal manipulation, • • • these quacks start twisting and shaking you and doing all sorts of horrible things, and rip an artery and kill you. Because they’re not trained doctors, they’re just quacks. And finally, there’s EDTA. It’s an amino acid ethylene, uh, diamine tetra acidic acid. • • It’s a synthetic amino acid that’s delivered intravenously. There was a study with over 1700 participants who were 50 years or older who had a heart attack. This is m, designed to sort of treat that, and they found out that it was indistinguishable from placebo and had a similar adverse event rate as placebo. That study took $31 million and ten years to conduct. $31 million and ten years studying EDTA to prove • that it was utterly ineffective and just as dangerous as doing nothing. So we want drugs to be safe, otherwise you can kill people. • • But what about effectiveness? Why is that important? Well, there’s two reasons. One, there’s just plain old fraud. See, for example, most of alternative medicine, they’re trying as hard as possible to give you the impression that they are going to help your problem, but they always caveat it with very • • • wishy washy words, • • trust me. I’m an attorney for people who were trying to import goods from china into the United states, and you saw all sorts of claims on their labeling. I saw a head massager, uh, um, a, like, helmet that you put on your head that just sits there with a motor and massages your head. And the claims on the labeling and packaging were, it’s going to cure your cornea, it’s going to lower your blood pressure. It’s all these things. And I had to tell my client, you can’t make those claims in the United states. You will get in trouble, you won’t be able to import it. And if you get caught trying to import it, they’re going to put you on what’s called the red list, which means you, as a company, can’t import anything to the United States anymore without • • paying for a full inspection and full test to prove that you’ve fixed these problems. It’s very expensive. Red list is usually death, so don’t do it. And that was a good part of my job. I get to help companies realize • • • • you need to moderate your message. You cannot say that you cure, ah, corneas or glaucoma, I should say, if you don’t have the scientific evidence to do so, that’s sort of the FDA in action. And let me be clear, I am totally on board with the FDA’s mission. Oftentimes I was in an adversarial relationship, and they’re all humans. They do mess up, right? • • • Ah, • • one of my favorite cases was, • • um, a port person, uh, • • a, uh, port officer for FDA • • • denied entry to the United States of Children’s mucinex, which was manufactured over in England. And • • • they did so based on an improper reading of some obscure laws about does your manufacturing facility have to be registered with the FDA under these conditions? And the answer was no. I only have to register my main one, and if I have satellite ones, I don’t have to. But the officer didn’t read that right and banned children’s mucinex from the United States. So, yes, sometimes you have to step in for your client and say, hey, you’re, uh, not reading the rules right here’s the rules. Here’s what’s been decided in the past, please unban children’s mucinex. But a lot of times, you’re also helping the FDA, right? You’re telling your clients ahead of time. You can’t say that. And every single person I ran into that worked for the FDA shared the same mission. And that was we are helping keep food, drugs, cosmetics, all of the medical devices safe and effective. Well, not effective in some of those cases. You don’t have to be effective, uh, for cosmetics, but you do have to be safe for not only the United States, but for the world, because they recognize that many countries don’t have the resources to put into a full regulatory scheme. And so they piggyback off of FDA. If FDA does something, they adopt that rule in their country, too. If FDA inspects a tuna factory in Vietnam, and by inspecting it, makes it safer because that tuna factory wants to sell their tuna in the United States, well, that tuna factory is now safe, even if it sells stuff to Vietnam as well. So they keep humans around the world safe from quacks and mistakes. All right, so we do want to prevent fraud. That’s one reason we want to be effective, and one reason that we have the FDA, but the other is opportunity cost. When we say we want a drug to be effective, it’s because if you take something that’s not effective, you may be foregoing the chance to take something that is effective. That’s what I mean by opportunity cost. You have lost the opportunity • • to do the effective thing. The perfect example of this is Steve jobs. Steve jobs, if you don’t know who he was, he was the guy who created apple. Billionaire, smart business savvy, an engineer, intelligent guy. He got pancreatic cancer. At the time he was diagnosed, he had an 87% chance of living for five or more years. Survival rate of 87%. But he was a buddhist, and he distrusted medicine. And so he declined the surgery. He declined the treatment, and instead took up what, alternative medicine? He ate fruits and veggies and consulted psychics and had something called hydrotherapy, which is exactly what it sounds like. Water therapy. What do we use when we want to do a placebo that does nothing during an experiment? We use water. Right. Water therapy. And, uh, he did nothing to help himself, and he made a. Bunch of quacks kind of rich while he was dying of cancer. Nine months later, after everything showed that not only had the tumor not shrunk, it had grown massively, he decided to then, in a panic, revert to actual effective treatment. By then, it was too late, and he died. One of the richest people on the planet, a very smart person, fell prey • • to the lack of effectiveness of alternative medicine based on the unsubstantiated belief that it would work, right? There is insufficient evidence to say that alternative medicine works. What did we say at the beginning? What did Tim mentioned say? By definition, alternative medicine has not been proved to work or been proved not to work. If it had been proved to work, we would call it medicine. So if Steve Jobs can fall prey to this, anybody can fall prey to this. I guess the reason I’m going through this, if, uh, I’m not clear, is this is how the adults in the room handle claims of drugs, medicinal claims, drugs, medical devices, things like that. This is how the grownups figure out what we should let people • • market and what we should not let people market. • • • • Show me the evidence. Show me the studies. Prove to me that it’s effective. And then on an ongoing basis, we will continue to review that. Right? Because if you put out something that’s not safe, it’s going to hurt people. If you put something out that’s not effective, you’re going to steal from people or you’re going to hurt people. See, for example, Steve Jobs. So what does prayer do? That’s why I’m doing this. If this is the absolute best method we have come up with to determine what is safe and effective for treating injuries and other things, what does prayer do? What do we know about prayer? So this is what the rest of the episode will be about. I’m going to go into the science about what prayer does, and I think at the end, you will agree it does nothing. We know that as a species. And then we will ponder the question of, if it does nothing, why do so many people believe that it does? I have many more episodes in the faith healing series to get through. I have to set this foundation, as I said earlier, because we need to know this for sure. We need to review the study so we can then go on and review what’s actually being done with prayer and then ask the question, okay, if we know it doesn’t work, • • • why are we, as a society, still doing this in our laws? So I’ll start off, uh, when we analyze the scientific literature on prayer. And as I’ve said, I’ve read several books. I’ve read lots of studies on this. Most of them can be found on PubMed. We do have to recognize that there are some positive effects to prayer. The problem is, those positive effects are usually no different from non prayer activity that is similar to prayer. So, for example, there are some placebo effects for people who are praying for themselves. • • • Studies show that people who pray can have some physiological outcomes that are beneficial. • • An example of that is a study on meditative prayer that was done by uh, dr. Bernardi is the author in the British Medical Journal in 2001. And it reported that by doing sort of mantra like prayers, so praying on the rosary or reciting yoga mantras ones where you’re sort of basically meditating to yourself, you could improve your barrow reflex sensitivity, basically improve your blood pressure. So, uh, common sense being self reflective, meditating, saying mantras, calming down can help with your blood pressure. There was another study, uh, that was interesting, that was done in 2008 on Irish students in Catholic and Protestant schools that were self reported high levels of prayer. And they had conflicting outcomes on one scale. This was using something called the I thinks, dimensional model of personality based on neuroticism and psychoticism, neuroses and psychoses. And higher levels of prayer were associated with better scores, I should say lower scores of psychoticism. However, higher levels of prayer were also associated with higher levels of neuroticism. So I found that one interesting sort of a wash there. And there was a study that was done by Central State Healthcare System that showed, again, this was a mantra type of thing, that the psychological benefits of prayer, quote, may help reduce stress and anxiety. So not only lower blood pressure, maybe that lowered by the lowered stress and anxiety, but promote a uh, more positive outlook and strengthen the will to live. They studied, uh, yoga, Tai chi, meditation, all of that stuff, plus prayer. All of it had the same effect. So there seems to be nothing special in these studies about praying to Jesus, right? That’s the claim that we hear by Christian nationalists that’s praying to Jesus is the one that matters. But all these studies say any sort of prayer seems to have some sort of calming effect. But what about intercessory prayer? These were all first person studies. These were all me praying inside of myself, for myself, or just having a conversation with God in my head. But what about me praying for somebody else, right? What about Jean Valjean who is praying to God to bring Marius home? Does that work? No, it doesn’t. We know this for sure based on the science. The best study we have. There are many, but the best is the Great Prayer Study as it has become known. This was in 1998. A Dr. Benson was funded by the Templeton Foundation. I mentioned this last uh, episode. They are a Christian organization, but they don’t do science the wrong way like many Christian organizations will. Many organizations like Answers in Genesis and things like that, that are online hacks, hire people that are devoutly Christian and have some sort of degree. It may or may not be related. Like, a lot of times they’ll have engineers make claims about evolution just because they’ve got a PhD in engineering. And they will start with the assumption that, hey, God and the Bible are true. Let’s go out and make arguments and pretend to do studies to prove that Templeton actually does science. They say, hey, does prayer work? Is intercessory prayer effective? Can we show that there is a correlation between being prayed for in the name of Jesus and having better medical outcomes? And they did this study. They paid Dr. Benson. They stayed out of it. And they do these studies to look for the handprints of God on creation, but they don’t come from a conclusion. They do it the right way. • • So this was funded by Templeton. Let’s be clear about this. And this was called the Study of Therapeutic Effects of Intercessory Prayer or Step for short. Or the Great Prayer Experiment. And it’s described as, quote, the most intense investigation ever undertaken as to whether prayer can help to heal illness. And this was a trial on people who had suffered cardiac issues and had surgery and were recovering. And the trial created three groups of patients people who were uncertain of whether they were being prayed for and were actually being prayed for. • • Group two was people who were uncertain of whether they were being prayed for, who were not being prayed for. And third, a, uh, group that was certain they were being prayed for and were actually being prayed for. Okay, so you’re a patient in this study. You’re told you may or may not be in a group that’s being prayed for. Right? And then you split up into three groups. One group is being prayed for, but they’re not told. Another group is not being prayed for, but they’re not told. And the third group is being prayed for. And they’re told you’re in the group that’s being prayed were okay. The conclusion and this was in 2006, so this took eight years intercessory prayer has absolutely no beneficial effect on those patients at all. In fact, • • • the third group, the group that was certain that they were being prayed for, had a much higher incidence of complications of bad outcomes as opposed to the other two groups. • • So certainty that you’re being prayed for was correlated with, uh, higher incidence of complications. Does that mean anything? I’m not sure, but it certainly runs counter to the claims that when you pray to heal somebody, god will grant your wishes. And these people, again, founded by the Templeton Foundation, christians who found devout people to do the praying. This was not just find a bunch of atheists to recite something off of an index card. This was Christians who were praying for people. No effect. You couldn’t determine between the first two, right? But the two groups who was prayed for and who wasn’t. If you took the patients and controlled for age and weight and preexisting conditions and all that stuff and mixed them up in a pile. You could not even come close to sorting out which ones were in the normal group and which ones were in the praying group. I should say the control group and the ones who are being prayed for. That’s pretty conclusive, at least to the effect of recovering from heart surgery. Right. But there’s more. Of course there’s more studies. A 2003 • • review of the literature. • • • • An easy way to get published is to do a review of the literature to say, I’m not actually going to do a study. I’m going to go out and review all the existing studies and look for patterns and draw some conclusions. So this is 2003 studied. The hypothesis, quote, being prayed for improves physical recovery from acute illness. That was the hypothesis. And it concluded that though there’s been a number of studies along these lines, only three studies had significant rigor for review • • • in this person’s article. So they went out and looked at the studies and said, most of the studies are so poorly run we can’t even trust them. This was back in 2003. So they found three. And in all three, they found the strongest findings were refer. The variables that were, quote, evaluated most subjectively. So you know what a subjective evaluation is like. How do you feel? How do you look on a scale of one to ten? Those sorts of things. Not is your CEA level in your blood at, ah, above or below ten? Right. We have very objective measurements we can do, but some are subjective. How do you feel? How does it appear you’re walking? How do you look? • • Those were where we found the strongest correlation, which, as the author points out, raises concerns about the possible inadvertent, unmasking of the outcomes assessors. Right? • • Basically a corruption of the assessors being influenced. If the study was not double blind, then you might be influenced by knowing these people were prayed for and these weren’t. So other meta studies of the literature also sort of came to the same. There’s no good evidence conclusion. There was a 2006 meta analysis on 14 studies that found no discernible effect was, uh, their conclusion. So the closer we look at it, the more we realize there’s no evidence. And it’s not limited to scientific literature either. There was a paper that was published in a religious journal by Patricia Faucerelli. She’s an MD and a D. Min, a doctor of ministry. So she’s got a degree, she went to medical school, but she’s also • • a, uh, divinity minister. Right? Uh, • she’s gotten a degree in religion as well, for one. And her study was called Outcomes of Intercessory Prayer for Those Who are Ill. And her conclusion was, quote, overall, studies have yielded mixed results and have been criticized on a scientific basis as having methodological flaws such as small sample size, varied endpoints, varied definitions of prayer and varied expertise of the intercessors, the people praying. Such studies • • • have also been critiqued on metaphysical and religious grounds, namely that God’s actions cannot and should not be subject to scientific scrutiny. And, uh, I wanted to end on that study to say, even the studies in the religious papers are saying, yeah, there’s no effect. But this study sort of slips in that little religious escape clause of, well, maybe we shouldn’t study God’s actions. Maybe we shouldn’t. If prayer doesn’t work, we’ve got study after study after study. We’ve spent millions of dollars • to try to do what the FDA does every day with every single drug we put on the market. We know we don’t want unsafe, ineffective drugs on the market. Do we want unsafe or ineffective prayers on the market? By the way, no study except the Great Prayer Study indicated that prayer would be unsafe. • • • • • The big one, the really well done by the templeton one that said, if you are being prayed for and you know you’re being prayed for and you’re recovering from heart surgery, you actually have a higher chance of a negative outcome • that indicates some unsafeness. But I’m not going to say that prayer is not safe. Let’s just say prayer is safe, okay? It’s as safe as drinking water, right? When you take homeopathy for your cold or whatever, it’s safe. It’s just water. There’s nothing in it. But it’s not effective. So we don’t let you say that it’s a drug. We make sure that you label it as a supplement or its effectiveness in a homeopathic paradigm or whatever wording you want to use, but you can’t say that it’s a drug. So if prayer doesn’t meet those standards, if prayer is no more effective than homeopathy or water, then why do people still believe in it? If we all agree that we want safe and effective drugs, shouldn’t we want safe and effective prayers? Because if we don’t ban them and I’m not suggesting we ban prayer if we don’t ban them like we would ban drugs that are not effective, then we risk everybody pulling a Steve Jobs. Everybody decides, I’m going to pray instead of getting medicine, and then they die. And that’s what’s going on. We have children in this country every year dying because their parents elect to pray instead of going to get medicine. And we know it’s going on. And we know that prayer doesn’t work, yet our state legislatures are allowing it to happen. So what reasons do people give for still believing in prayer • if we have all of this evidence that it doesn’t work? • • And to be clear, I’m talking about intercessory prayer. We know that self reflective prayer lowers the blood pressure and chills you out, just like any other meditation. There’s nothing special about praying to Jesus. It’s meditation. So meditation works. But we’re talking about people who believe that if you ask God to do something for you or someone else, that thing will happen if you’re a true believer. We saw thousands and thousands of people listen to this huckster of a preacher say that his prayer or his prayer team’s prayer, caused a woman’s toes to grow back, and they went out of their mind cheering for it. They absolutely bought into it. They believe that this stuff happens on a daily basis. That’s the type of prayer I’m talking about here. I’m going to run through some of the reasons just to discuss them. • • • • There’s some important points to be made here because • • • it will inform our discussion about faith healing of children. So one, the one that, uh, Dr. Fossarelli mentioned is the number one reason that people give, which is God can’t be tested. In fact, there was, • • um, one of these mantra studies came out and an English bishop replied and said, quote, prayer is not a penny in the slot machine. You can’t just put in a coin and get out a chocolate bar. Similarly, in an article in the New York Times, there was this was October 10, 2004, reverend Raymond J. Lawrence, Jr. Of the New York Presbyterian Hospital, a hospital employee, said, quote, there’s no way to put God to the test. And that’s exactly what you’re doing when you design a study to see if God answers your prayers. This whole exercise cheapens religion and promotes, end quote, infantile theology, that God is out there ready to miraculously defy the laws of nature in answer to prayer. So here you have a pastor, a reverend working for a hospital, saying it is an infantile theology to believe that God is out there ready to miraculously defy the laws of nature in answer to prayer. First guy says you can’t just put in a coin to get out a chocolate bar. You do just pray to get what you want, or what both of these people are saying, with the second one doing what something that’s very common saying to believe so is to use an infantile theology. • • I the academic think of religion as something bigger and deeper and more mysterious, and we’ll all sit around and ponder it, but we won’t take the stories literally. There maybe it wasn’t even, uh, a Jesus, but religion is important. This sort of approach, this condescending, paternalistic approach of, oh, anybody who takes any of this that we have proven to be false seriously and literally is obviously infantile. • Remember that, okay? Remember • • that attitude. Because that points to a great disconnect between what is practiced in the streets and what is researched in the halls of academia. In fact, it constitutes a get out of jail free card for Christian scholars. Christian scholars will tout their Christianity. They will sell books about Christianity. And then when people believe the stories of the Bible, where they are told literally this happened or literally that happened, and they believe it, and then they do awful things based on those stories, ranging from mild racism to trying to take over the halls of government, trying to ignore science all the way up to killing their kids before they get old enough to sin so the kids will go to heaven. When any of that happens, they wash their hands of it and describe it as an infantile theology. Meanwhile, raking in the bucks dabbling in that theology. • • It’s very hypocritical. It is very, uh, • • disconnected from the man in the street. I agree with them. Don’t get me wrong, I’ve read the Bible, I’ve read criticisms of the Bible. I agree with them that you can’t take this stuff literally, but it doesn’t absolve them of guilt because they’re playing the same game that, uh, Sean Hannity and Rush Limbaugh used to play. I’m going to get people all riled up. I’m going to talk about something needs to be done. And then when • somebody actually acts on that and goes out and kills a politician, they say, oh well, that’s not what I meant. That’s called stochastic terrorism, publicly demonizing another group. So that statistically it’s almost certain that something bad’s going to happen. Somebody’s going to take a gun and go kill somebody. But the details can never be predicted and you can never blame the speaker. Right? That’s not what I meant. See, for example, January 6, by the possibly now most famous stochastic terrorist, Donald Trump. • • • Although strike that, he probably would say that he wanted that result. That’s his intended result if asked in an honest environment, right? So I’m not sure if that counts as stochastic terrorism and not just incitement to overthrow the government, but I digress. I’m not saying that the Pope and the bishops and the theologians, all the academics are responsible for killing people. What I am saying is they’re in the same ballpark. They are profiting off of a theology that depends upon the people in the pews believing what they say. They are getting up on Easter Sunday and saying jesus rose from the dead, the Bible is true. This is how you go to heaven, give me your money. But when something bad happens as a result of their religion, they pull a notes True Scotsman and wash their hands of it. Well, that’s not what I meant or that’s not a true Christian, right? That’s a fallacy they make. Or as in here, when they’re questioned about the fact that the literal beliefs of people are proven to be not true, they clutch their pearls and say, I can’t believe you’d ask me such an immature theological question. Of course that’s not the case. They are profiting off of a theology that depends upon the people in the pews believing what they say. They are getting up on Easter Sunday and saying jesus rose from the dead, the Bible is true. This is how you go to heaven. Give me your money. But when something bad happens as a result of their religion, they pull a notes True Scotsman and wash their hands of it. Well, that’s not what I meant, or that’s not a true Christian right. That’s a fallacy they make it’s sad to see, but it’s not unexpected. So is there any support for this claim, at least in the Christian theology, that God shouldn’t be tested? People always point to Deuteronomy 616 quote, you shall not put the Lord your God to the test. • • • Dot, dot, dot. Why do I say dot, dot, dot? Because oftentimes, • • • and Christians love to shout context. When you quote something of the Bible that they don’t like, oftentimes they will leave out important context as well. Well, the dot, dot, dot here the Ellipses, is • • • the full reading is, you shall not put the Lord your God to the test as you tested him at Masa. • • Well, what’s? At Masa? Okay, masa was the story from the Old Testament, from, uh, Exodus, where Moses had been wandering in the desert. Also, by the way, we have no archaeological evidence or historical records that there were any massive amounts of Jewish slaves in, • • uh, Egypt, uh, nor that they traveled around the desert, nor any of that. So we’re pretty certain • • • • as a human species that that didn’t happen. But in the Bible, there’s a story, moses is wandering in the desert and they can’t find water, and God says, okay, people are sort of starting to doubt whether I exist or not. Bring three elders with you, Moses, and come and meet me at this place. And he says, okay, see that rock? Crack it open, boom. Cracks it open, water flows from it, and they can drink. And then God says, or then the Bible says the passage says and he called the name of the place Masa and Mariba because the chiding of the children of Israel and because they tempted the Lord, saying, is the Lord among us or not? So here’s a case where people were doubting God, and God, in the presence of Moses, says, bring witnesses. Come over here. Boom. Water from Iraq. What do you think about me now, huh? • • So even the passage that Christians point to, to say, you cannot test God has this context of God can be tested and has been tested. And there’s other examples of Him testing. Uh, • • for example, uh, let’s just run through them. Malachi 310, bring the full tithe into the storehouse that there may be food in my house and thereby put me to the test, says the Lord of hosts, if I will not open the windows of heaven for you, blah, blah, blah, blah, blah, put me to the test. One. John four. One. Beloved, do not believe every spirit, but test the spirits to see whether or not they’re from God. Romans twelve two do not be conformed of this world, but be transformed by the renewal of your mind, that by testing you may discern what is the will of God. You have to figure out what the will of god is you have to test first. Theologians 521 but test everything. Hold fast. What is good. Test everything. • • So maybe it’s a little bit ambiguous us, right? Maybe • • we are supposed to test. Maybe we should look and remember whether or not we get what we pray for. Because keep in mind what those reverends were that protested to these prayers, uh, that are read above that called it an infantile theology. To think you can just put a coin in the vending machine to get a candy bar. What they’re saying is to believe that you pray. That, um, a true believer can pray sincerely and get what they want is infantile, right? And these things that we just read basically have to do with testing. So what they’re saying is you should just pray but not test. Well, what is testing? What did I say earlier? What is the scientific method? Is it fucking around with stuff? Kind of. It’s fucking around with stuff and writing down your results. That’s science. Mess around and write it down, that’s science. So what they’re saying, what they’re proposing here is that you should pray, but don’t try to remember the results. Don’t try to discern whether or not the prayer actually works. Don’t write anything down. That’s literally what they’re telling you. That’s an infantile thing to do. I tend to disagree, but what does the Bible say about whether or not it’s an infantile theology? • Matthew seven seven, starting there, it’s it’s long. Jesus says, quote, • • ask and it will be given to you. Seek and you will find. Knock and it will be open to you. For everyone who asks receives, and he who seeks finds, and to him who knocks, it will be opened. Right. So some people might say, well, that’s just a metaphor, right? Well, let’s see, what does it say? • • • How do we tell what is a metaphor versus what is literal? Well, there’s frequently times in the Bible where Jesus says truly, truly. Before what he says doesn’t say it there, but he does say elsewhere. Matthew 1720 jesus says, quote, truly, I say to you, if you have faith as the grain of a mustard seed, very little mustard seeds, uh, are very small, very little faith, you will say to this mountain, move from here to there and it will move and nothing will be impossible to you. Truly, I say to you right, truly. This is literally what I mean. Matthew 21 21 jesus says, I tell you the truth, truly, if you have faith and do not doubt, not only can you do what was done to the fig tree, I don’t remember. Like, I think God hates fig, so I think he god smote the fig tree and then it regrew or something. Not only can you do what is done to the fig tree, but also you can say this to the mountain, go throw yourself into the sea and it will be done. If you believe you will receive whatever you ask for in prayer. Mark 1124 therefore I tell you whatever you ask it for in prayer, believe that you have received it, and it will be yours. • • • John 1412 jesus tells all of us just how easy prayer can be. Quote truly truly I say to you, he who believes in me will also do the works that I do, and greater works than these will he do. Because I go to the father. • Whatever you ask in my name, I will do it, that the Father may be glorified in the Son. If you ask anything in my name, I will do it. Close quote. Truly truly. Matthew 1819 jesus says it again. Again I say to you, if two of you agree on earth about anything they ask, it will be done for them by my Father in heaven. For where two or three are gathered in my name, there am I in the midst of them are these metaphors he is saying truly, truly, over and over again, whatever you ask for in prayer, I will give you. Is this the infantile theology these priests were saying or is shouting about it being an infantile perception only what they start saying once the science started proving them wrong? Which is more likely? Was anybody in the past before the Enlightenment, before we really discovered the scientific method? Was anybody back there saying it would be an infantile theology • • • to believe that whatever you pray for you will get? • • We take other very important claims that are just as sort of outrageous as the literal truth from the Bible, possibly the most famous one. John 316 you’ve all seen the signs at football games. Quote for God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life. People take that at face value, that you will live forever. That is the most unlikely claim compared to I will give you what you want if you pray infinite life, right? They take that as literal truth. He doesn’t even say truly before it. He doesn’t say truly truly. He just says God so loved it that he’s going to let you live forever if you believe in him. If you believe in Jesus, you will have eternal life. So when Jesus says, believe that you have received it, it will be yours. We don’t take that at its face value. Isn’t that the same category of claim? Why can’t we take john 316 • • literal and • • • • • • • all the other gospels about prayer as literal as true, right? And I think you know the reason, because we have yet to be able to investigate whether there is an eternity, whether or not you can live forever. So therefore they can make the claim that that’s true. But as soon as we started proving • • that prayer doesn’t work, all of a sudden it became an infantile theology. To think that it. Would, even though they are the exact same scriptural structures, right? I am telling you this. It is true, and you better believe it. One we believe, one we say is metaphor. All right? So that’s the first one. Uh, that’s the most important one. God shouldn’t be tested. Not only has God been tested, and not only does God tell us to test Him, but God says, I’m going to grant your prayers. So if we write it down and try to remember how many times he granted prayers, all of a sudden it just won’t work because it’s an infantile way of doing things. I hope you see how ridiculous that is. Number two, the reason God’s cures thousands of cancers, infections, et cetera, each day, but never intervenes with amputees is because it’s not God’s will to do that. It’s not part of his plan. Right? And that’s important. It’s sort of the amputee one. Right. That’s the point we made last time, which is anything that is mysterious can’t be seen with the human eye. We can still claim that God’s doing it. It’s the God of the gaps, right? • • If you are not familiar with God of the gaps, the God of the gaps is God. Once in our minds as a race, as a human species, was in control of everything. • • God made lightning, god did this, God did that. God created life. God created the variety of animals that we see on the planet today. All of these things. And then the enlightenment comes. We start doing science, and we start discovering things. Well, you know, God didn’t create this light. There’s a sun out there. Oh, okay. Well, God created the sun. That’s how he made the light. We didn’t mean there was literally light first and then the sun, but he created the sun. You know, uh, this evolution thing has more evidence than, uh, scientific evidence, experimental evidence, and investigatory evidence than, uh, any other theory we have, including the theory of gravity. So it’s pretty much, uh, our best model. Well, God didn’t actually create the variety of animals. He created the starting point, knowing that they would evolve. Religion keeps backing God into a corner. Every time we make an invention, they say, well, God didn’t do that. God doesn’t do the lightning. God created the storms that create the lightning. And they back and they back and they back up into a corner until God just exists in the gaps of our knowledge. And that’s what we’re seeing here. No, you cannot put a coin in a vending machine to get what you want, even though that’s exactly what the Bible says and what we’ve believed for millennia. Now that the science is showing that doesn’t work. Well, that’s not how God works. I’m going to back up into this gap. • Same thing. God cures cancer, God cures infections. All of these things that can be cured naturally, they can go into remission. Your immunity system fights them off. In fact, most of our cancer research now is focusing on how to boost our immunity system and train it to fight at cancer. All of these things that can go away naturally or can’t be seen with the human eye, those we attribute to prayer every day, but amputees we don’t. And that’s why the Show Me the Toes Church event was such a big deal. That’s why international media picked up on it and said, oh, really? Show us proof. And they decided, no, we can’t do that, right? So saying that it’s not part of God’s plan, right, we’re going to cure all this other stuff, but we won’t do it with, um, amputees because it’s not God’s will to do that or not God’s plan. That’s a cop out, and I hope that’s obvious, but let’s discuss it because it actually goes to the core of the issue. Many people in their theology have sort of these conflicting ideas. They have this conflicting idea that God is omniscient or knows as much as possible, and God is super powerful, if not omnipowerful. Um, • • • omnipotent that God created the universe and had a choice, right? When he created the universe, he knew the future and he had all these choices to what to make, and he decided to create a universe where I would become an atheist and have this podcast. He knew this would happen and theoretically under that it means I would go to hell. And God just chose to do that. He decided to create a universe where humans would go to hell. I don’t think that’s a good choice, but that’s it. So now you’re coming along and saying, dear God, cure my cancer. Either God planned on you praying and planned to already cure your cancer, or God didn’t plan on curing cancer and you’re asking him to change his mind. So for people who say God’s will, it’s part of God’s plan. They shouldn’t believe in prayer. They should be like the Calvinists I believe it is, who are basically, well, God already knows what’s going to happen. You are already either in the select or you are not in the select of people who are going to heaven. So you might as well try to live a good life to see if • • you’re one of those, because only good people are going to go and God knows who’s going to be good, so you better be good. But praying is kind of pointless because he’s already made up his mind. So don’t say that some prayer works and some prayer doesn’t work because it’s part of God’s plan. Either prayer should work or it isn’t. Either God will change his mind, hasn’t made up his mind, or won’t change his mind. Number three god always answer prayers, but sometimes the answer is a no. Remember that Garth Brooks song I played? I thank God for unanswered prayers. • Just because God doesn’t answer doesn’t mean you don’t care. I loved that song when it came out. It sort of gives you goosebumps when you think about it. It’s like, oh, it’s a song about, oh, I was lucky I escaped, that sort of relationship thing. But when you think about the religious aspects of it, it’s a bunch of hooey. The common trope in churches, you’ll say, is God always answers prayers. Sometimes he says yes, sometimes he says no, and sometimes he says Wait. Well, you know what we call that? We call that indistinguishable from random chance. I cannot tell the difference between a universe where God is doing that and a parallel universe where God doesn’t exist. Because I could pray, as they say on the, uh there’s a website called Why Won’t God Heal Amputees.com? I’m cribbing some of these, uh, excuses from them. • • They are the site, probably that, more than anything, got me thinking about religion and realizing, yeah, I always had this sort of general sense that I was a Christian growing up, because that’s how I was raised. But when you actually think about it, there’s not much there. So they have the analogy of, okay, I’ve got a universe where I pray to this milk jug. Sometimes the milk jug says yes, sometimes the milk jug says no, and sometimes the milk jug says wait. You can’t distinguish that universe from the universe where you’re praying to a God. You cannot tell it’s a nothing answer. It’s a deepity. Ah, it seems profound, but to the extent it’s profound, it’s false. And to the extent that it’s true, it’s trivial. That’s what a deepity means. Number four god needs to remain hidden. Restoring an amputated limb would be too obvious. • • What is this game of universal hide and seek that people think that he needs to play? It’s another excuse for the God of the gaps. Usually this comes along with an argument that God doesn’t want, uh, automatons. He wants people to exercise their free will and worship him. Let’s not even ask why a supposedly perfect being would want anything. Like the fact that you would want somebody to worship you. Kind of means you’re not perfect. But the argument goes that if you don’t have free will, like if God revealed himself to you, they will say, if God came down and revealed himself to you, you would have no choice but to just drop down on your knees and worship him and do whatever he says. And that’s not what he wants. That’s what they mean by he can’t be too obvious because he wants you to exercise your free will. That’s a load of hooey. For multiple reasons, in their very own stories, there are multiple characters who are in the presence of God and exercise their free will and don’t follow him. The number one being Satan. Satan, if I recall correctly, was an angel in heaven in the presence of God for a long time and decided, you know what? Me and all these other people who were in the your presence are leaving because we don’t want to follow you. Free will doesn’t seem to be an issue there. Right. So that’s, again, another sort of crazy excuse that is • • really in its cover. It’s god of the gaps. Right. From a non scriptural standpoint, number five, everyone’s life serves God in different ways. Perhaps God uses amputees to teach us something. Well, that’s horrible. Can’t you just teach it to us? Can’t you just write it onto our hearts from the minute we’re born? The way that ducks know how to swim and dolphins who are born underwater automatically know how to breathe? Like, can’t it just be part of the rules of nature? Why do you have to use, uh, a being, a thinking agent, a moral being, torture them? Not just with amputations. I mean, I’m not saying that’s torture for everybody, but there are people who are born, live in pain for a matter of hours or weeks or years, and then die because of horrible birth defects. Their parents are praying for a cure, and you don’t grant them. Are you using their pain to teach us something? That’s disgusting. What about number, uh, • • six? God does help amputees. He inspires scientists and engineers to create artificial limbs for them. That’s avoiding the question. Right. The question was, I prayed to have my limb grown back and it didn’t happen. This is a form of, well, God answered your prayer, just not in the way you want. Right. There is a great scene in that movie. I think it’s called Evan Almighty, um, maybe M, • where Morgan Friedman plays God and he has a conversation with a woman and he says, when you pray for courage, do you think God just makes you courageous, or does he put you in an opportunity where you can be courageous? And he has several of those. • • • • When you pray for a closer family, does he make your family closer, zap you with good form and fuzzy feelings? Or does he give you the opportunities to become close? That’s the same sort of answer. It feels good. It feels inspirational. And it’s this moment in the movie where it’s a great revelation, but in the end, what it is, it’s escaping and ignoring the question. • • • • It’s a form of sometimes he says no. Sometimes he says wait. Sort of thing like, no, you don’t literally get what you want. Right. It’s really what they’re saying. Well, no, you don’t get what you want. You get something else. And we’re going to, after the fact, paint it as, oh, that was the success. It’s not what I asked for, but it’s what I needed, is the common quote. That’s one big cop out. Jesus is number seven. Jesus never says when he will answer your prayers. Maybe your prayer will be answered in the afterlife. Well, again, no different from the milk jug. Nine, you’re taking the Bible literally. Well, that’s an interesting one. So how are we to take it? Right? And that goes back to the other question of which parts are literal and which parts are metaphor. When Jesus says truly truly before telling you something, I’m going to take that literal. Unless he says, this is the story or the parable of the man who prayed, right. When it’s repeated across all the Gospels and elsewhere, where the Bible says, repeatedly test me so I can show that I’m God. All of this points to people in the desert who wrote this imagined a being who would do what they wanted, right? That’s what you get. So I don’t want to be like the pastors, right? The infantile theology. This is their answer. You’re taking the Bible too literally. People do take it literally. That’s the point. On one hand, they’re going to say, don’t take it literally. You don’t get what you want when you pray. No, you can’t literally pray to move a mountain and have the mountain move, even though Jesus says multiple times in the Bible, truly, truly. If you pray to move the mountain and you believe, then you will. Right? Sort of the Luke Skywalker moment. You got to believe you can get the X Wing out of the swamps of Dagoba. Uh, and it’s only because you don’t believe that you fail. • • • So people on one hand will say, no, that’s not literal. But then in our previous episode, we had Congressmen on the floor of Congress saying, we don’t have to invest any money to even investigate climate change because the God gave us rainbows so we would remember that he would never flood the Earth again. We’re going to take that literally. • • We’re going to say we need prayer in schools to save us. We’re going to take that literally. But we won’t actually say that you can literally get what you want when you pray. It’s one big, massive cognitive dissonance, right? They want it both ways and they get neither. And then they start whining when they can’t get what they want. And there’s a couple of others. I won’t go into it. The final one, of course, is always, well, God works in mysterious ways. There is no way to understand the mysteries of our Lord. People have believed in Jesus for 2000 years, and there must be a good reason for it. That’s a logical fallacy, right? The argument for popularity, uh, argumentum add popularum, right? That because an idea is popular. It must be. Right? Or as Tim Minchin puts it again, I go to Tim mentioned, he’s so brilliant. I don’t believe that just because an idea is tenacious that it means that it’s worthy. Right? Just because something’s been around for a long time doesn’t mean that it’s true. The Earth was flat for tens of thousands of years until we discovered it wasn’t. So many people believe that God answers millions of prayers every day. • • He uses his love and his power to bless people all over the globe. They express their beliefs in all the things we heard right in when I played the Montage. We’re living on a prayer. God, bring him home. Jesus, take the wheel. Jimmy Stewart praying to God and It’s a Wonderful Life. All of these moments are what we do as a species. But they also believe that God ignores the hundreds of thousands of prayers of amputees and other people who, if they got their prayer granted, would obviously be something that we’d never seen before in history, right? Growing limbs back, that’s what we’re dealing with. So in one universe, we’ve got a uh, God that answers millions of prayers to find car keys and cure my son’s fever, but doesn’t grow limbs back or raise people from the dead. In another universe, we have one where God doesn’t exist. He’s imaginary and doesn’t answer prayers. And the finding of the keys and the curing of the fever happen because they can happen naturally. Sometimes • • one of those two universes makes sense. I hope you can see that it’s the latter one, because if it were the former one and we could prove it, as I said in the last episode, we would have Nobel Prizes, we would have colleges of religious medicine in every university. We would be a very different society. If even for one type of illness, we could prove that prayer was an effective treatment. It is neither safe nor is it effective. We’ll get into it later as to why it’s not safe. So this has been a long episode. I appreciate you sticking with me. Next, we have to ask, how does this apply to faith healing today? If we are so sure by this evidence that we can show that prayer does not help people get healthier or have better medical outcomes, why do parents let their kids die? Because they use prayer. And to understand that issue, we have to understand politics and religion, because that’s why it’s happening. And to understand the politics and religion, we have to go into things like the history of Christian science, the history of medical science as it relates to kids. We have to go into things called children’s rights under the law. We have to examine conspiracy theories. We have to do a history of the Nixon administration. And we even have to take a look at the Affordable, uh, Care Act, aka Obamacare. All of this, believe it or not, combines into what we have today, which is a huge mess that lets not let, but actively encourages • • • by uh, giving parents permission, actively encourages parents to kill their children in the name of their religion in the United States and those parents get away with it. So next, next episode, we’ll go into the history of Christian science, and medical science and children’s rights to find out how did we get here. So thank you for your time. I really appreciate it. I’m going to end on this observation. We noted earlier that the FDA regime is that a drug must be safe and effective to be marketed in the United States or to even be imported. • • Prayer, we know, is making drug claims, medical claims. If you do this, • • give me money, attend my church, and, uh, when we pray for you, you will have your toes grown back. We will cure your cancer. We will help you. Steve Jobs we know that that’s not effective, but it’s being marketed, making medical claims. And I talked about last episode like, you could actually arrest these people on fraud in some cases and possibly practicing medicine without a license. But even if we reduce it to say, hey, here’s a vial of holy water, drink this or sprinkle it on the affected area, and we will cure your eczema or your cancer or your Droopy. Eye, if you did any of that, • • • • you would be in trouble with the FDA. And if you didn’t do what they said over long enough periods, like, they would fine you, they would order you not to market it. They could literally end up putting you in jail. That’s how serious we take this. If you said, here’s some holy water, sprinkle it on, and it will cure your cancer, you could end up in jail for that eventually, if you did the same exact thing, just took away the vial of holy water and just said, just think about being cured in the name of Jesus, and you will be. FDA can’t do a thing to you. • • • I think we need to start recognizing that. That’s a ridiculous state of affairs to take into account when we’re making public policy. If you want in your own private life to pray and feel good about yourself, that’s great. Just don’t treat it as medicine. Go to the doctor. Don’t kill your kids. • • • • Next episode coming up. I really appreciate your time. This has been the Cross examiner • • • • • • • • • • this has been the cross examiner podcast. The Internet’s courtroom in the case of rationality versus religion. If you enjoyed this podcast, please consider subscribing. See you soon. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

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