Imagine that your car has been stolen, and you find out who took it--let's say it's someone named X. Then picture the following scenario: You go to the police and make a complaint. The police investigate, and determine that the facts are as you have reported them: your car is no longer at your house, but is at X's house. But, the police say, they cannot charge X with theft. They explain that the title to the car shows that the car belongs to you. Since the title clearly shows that the car is yours, X cannot possibly possess your car. Therefore they cannot charge X with stealing it, since it is not possible for X to acquire possession of something that X cannot possess.
At this point you would certainly think that the police were in collusion with X, or that you had somehow stumbled, like Alice, into Wonderland.
A similar thing has just happened in the PC(USA). The Rev. Janet Edwards, who officiated in 2005 at a marriage ceremony between two women, has been acquitted in ecclesiastical court of performing a marriage between two women. She has been acquitted by the Pittsburgh Permanent Judicial Commission because the Presbyterian constitution defines marriage as a relationship between a man and a woman. Therefore, says the PJC, since the constitution says a marriage is only between a man and a woman, Edwards could not possibly have performed a marriage ceremony between two women, and so she cannot be charged with it.
This is the same so-called reasoning that was used earlier this year by the GA PJC to acquit the Rev. Janie Spahr of performing a same-sex marriage ceremony.
Just as in my hypothetical example above, either the PJCs are grasping at any way they can find to get an acquittal, because that's the side they're on, or the PC(USA) has stumbled into some sort of Wonderland.
Justice is no longer obtainable in the PC(USA), it seems.
We must all hope that this sort of reasoning does not spread to the criminal courts, or no law will be enforceable.
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Since first writing this post, another analogy has occurred to me. Human trafficking is a problem today, and unfortunately sometimes instances of it are discovered in the United States. The U.S. Constitution prohibits slavery. Suppose it were discovered that some people had been enslaved somewhere in the U.S. When those people were rescued and freed, we would expect that the people who had enslaved them would be charged with a crime. But according to the reasoning used by the PJCs described above, it could be possible for the authorities to say that since slavery is prohibited by our constitution, it is impossible for anyone in the U.S. to enslave anyone else. Therefore no one can be charged with enslaving anyone, because slavery in the U.S. is impossible.
Such an analogy shows how ridiculous and unfair these PJC rulings are.
Friday, October 3, 2008
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