Apparently the family intends to appeal to the US Supreme Court.
Look, I’m all for the First Amendment. But the First Amendment ends at my skin and my sanity. The use of mescaline has been outlawed as a religious ritual, a decision with which I disagree (so long as it’s by consensual adults). But pummelling (which apparently she has claimed) and carpet burning a minor by a church are OK? Uh, that’s grounds for assault charges, not just civil, as far as I’m concerned. The jury agreed with me, but apparently the good ol’ boys who make up the Texas Extreme Court do not. What is up with these people?
You are aware that the Texas Supreme Court only handles civil matters? From a brief scan, the only question here appears to be whether the lady is entitled to sue the church–something that doesn’t seem as obviously cut and dried as you make it out to be.
The plaintiff’s case is moot, all relevant legal issues were thoroughly and definitively laid to rest in Coyote vs Acme, as referenced in Pazuzu vs Merrin, et. al. A previously possessed person cannot sue for damages to said shared domicile without the written consent of the previous co-inhabitant.
I was just venting about criminal charges, although I didn’t know the Texas Supremes only reviewed civil matters. (Thanks - Ignorance Fought). It seems pretty clear-cut to me. The Texas Supreme Court is saying that physical and mental abuse of a non-consenting minor is not sufficient to give even the slightest hint of an appearance of just maybe restricting a little ‘religious freedom’ when it comes to Christian Evangelicals. One does have to wonder how their ruling would have turned out if the defendents in question had been Muslim or Buddhist.
Look, as an atheist, I am as strong on the question of religious freedom as anyone you can imagine. I am also, as I’m sure you can imagine, very firm on separation of Church and State. But as I said in my OP, your right to freedom of religion ends at my skin, and my sanity. If an adult chooses to join in a group orgy of having Satan screamed and slapped and pinched out of them, while they writhe and scream and froth at the mouth, I have no problem with that except to roll my eyes. But this was a 17 year old kid whose parents clearly didn’t consent, since they are the ones now bringing the suit on her behalf.
On preview, luci, could you rephrase that in English?
In Texas, all criminal appeals are heard by the Texas Court of Criminal Appeals, except juvenile cases which are considered civil cases under Texas law.
So in this case it had to be heard by the civil TSC, rather than the criminal TCoCA.
Let me retract that part. The girl was not on trial, so the juvenile case restriction doesn’t apply. That leads me to wonder why the family is pursuing civil rather than criminal judgement. ???
And I’m relieved you’ve stopped getting drunk at a Packers game, then going home and beating your wife 'cause she’s a communist. If you’ve never been guilty of this behavior, well, nice to know that not all Wisconsonites are cheese-headed, beer guzzling McCarthyites.
Possibly because if they win, they get money? I don’t mean to attribute this to greed – if she needs treatment she needs money to pay for it. A criminal case won’t provide that.
OK, won’t somebody think of the children? er, child?
I mean, can we get back on track about the merits of the case, rather than what the Texas Supreme Court does and does not have jurisdiction over, so that I can enjoy my RO properly? I don’t indulge in it that often, so I’d appreciate some support here!
IMHO, if you take your child to a church full of people who practice exorcism, you kind of have to take your lumps when your kid turns out to be the one doing the Devil’s work or whatever.
It’s like suing Pantera because you jumped into a mosh pit and picked up some bruises.
It wasn’t clear to me from the original story whether or not her family brought her. I had gotten the impression from the TV story I saw initially that it was her friends, but I have to admit I haven’t got a clue.
ETA: yes, her parents did take her to that church. I’m just not clear if they took her to that particular exorcism.