Posts Tagged As: Mat Staver

Mat Staver Calls for “Civil Disobedience” Over SCOTUS Marriage Decision

Jim Burroway

August 23rd, 2016

Right Wing Watch caught up with Liberty Counsel’s Mat Staver who was speaking to a Pennsylvania anti-abortion group last April:

We are coming to a place, ladies and gentleman, where we have to make a decision. Where we have to make a decision like Dietrich Bonhoeffer made a decision, like Martin Niemoller made a decision. We are coming to the position where we are in the same place that Dr. Martin Luther King Jr. had to make a decision, where the founders of this country had to make a decision that we will either obey God or we will obey man. And when those two directly, inherently, irrevocably collide with one another. We are in a position like Daniel in the lions’ den, like the three Hebrews that would not bow down, like Esther, who offered her life on the line and engaged in civil resistance against the most powerful king on the planet. We are coming to that moment in time.

When we have five lawyers on the Supreme Court — and I’ve had the opportunity to argue there, I’ve written lots of briefs, I’ve been a dean of a law school, I’ve been a tenured law school professor, I’ve taught constitutional law, I know all of that issue. But when we have five lawyers on the Supreme Court that not only contradict themselves in a two years period because, you know in 2013 they said the states had a right to define marriage, and in June 2015 they said states don’t have the right to define marriage. Frankly, states don’t have the right to define marriage to begin with any more than they have the right to redefine gravity. It is what it is. It’s part of natural creation. But they contradict themselves in a period of two years, and as Chief Justice John Roberts said, the five lawyers — that’s his term, not mine — they impose their will on a legal judgment not based on the Constitution, not based on the Court’s precedent.

That’s a lawless opinion. When are we going to stop playing charades and pretend that whatever those five people say, whoever they might be, whatever they say, no matter how devoid of the Constitution it may be, that it becomes the law of the land? It doesn’t! If that’s your belief system, if you have gotten so brainwashed to think that whatever those five people in Washington, D.C., say, we now have to march to it like toy soldiers because if they say so, irrespective of the fact that they have no authority under the Constitution to do it, then you would support Dred Scott, you would support Buck v. Bell, because those decisions came down from the United States Supreme Court as well.

And those decisions, the Dred Scott by the Supreme Court, they said that Blacks were not entitled to citizenship and therefore you cannot bring your case in court. We had a civil war to overturn that nonsense.

Staver gets his history just about as wrong as he does the law. Whenever anyone disagrees with a Supreme Court decision, they often point to Dred Scott as an example as a truly awful decision. We all know it was morally repugnant and a dark stain on our nation’s history. But that dark stain came about because the Constitution at the time — remember, it counted Black slaves like Dred Scott as only three-fifths of a person — made it pretty clear that he and others in his situation were not full citizens, not according to that pre-Thirteenth Amendment Constitution anyway. Pointing out that awful fact of history and the sorry state of the Constitution that our forefathers had foisted on this country is in now way the same as saying you support Dred Scott. No decent person can support what that decision did to Mr. Scott and million others like him. But since justices can’t declare constitutions unconstitutional, it seems to me that a decision like Dred Scott, as odious as it was, was also inevitable under the version of the Constitution they were stuck with in 1857. And that’s why we had a civil war and two critical constitutional amendments to ensure that black people would be full citizens rather than three-fifths of a person.

Staver’s respect for the law is just about as slippery as his grasp of history. As the law school dean at Liberty University, which he bragged about in this clip, he taught his law students that they should counsel their clients to break the law in favor of “God’s Law” if they perceive a conflict. And according to a RICO lawsuit that is currently pending in court connecting his law school to the Miller-Jenkins kidnapping case, his law school apparently practices what he taught.

Liberty Counsel Declares Victory In Kim Davis Lawsuit

Jim Burroway

August 19th, 2016

Kim DavisYou remember Kim Davis, right? She’s the Kentucky clerk who refused to issue marriage licenses to same-sex couples. After she refused a court order, she was briefly jailed for contempt while her office issued licenses as the judge ordered. Long story short: people are getting married in Morehead, and Kim Davis is no longer trying to interfere. So:

A federal judge on Thursday dismissed three lawsuits pending against Rowan County Clerk Kim Davis over her refusal to issue marriage licenses in 2015, following the legalization of same-sex marriage by the U.S. Supreme Court.

The issue is now settled, U.S. District Judge David Bunning wrote in his order. At Davis’ request, Gov. Matt Bevin and the General Assembly changed state law this year to remove county clerks’ names from marriage licenses. And in Rowan County, one of Davis’ deputy clerks has been issuing licenses to all couples, same-sex and opposite-sex, since Davis was briefly jailed for contempt of court last summer after violating Bunning’s order to resume issuing licenses.

“In light of these proceedings, and in view of the fact that the marriage licenses continue to be issued without incident, there no longer remains a case or controversy before the court,” Bunning wrote.

In typical fashion, Liberty Counsel, which has been defending Davis in court, has declared victory:

“Kim Davis has won! We celebrate this victory for her and for every American,” said Mat Staver, Founder and Chairman of Liberty Counsel. “County clerks are now able to perform their public service without being forced to compromise their religious liberty. The case is now closed and the door has been shut on the ACLU’s attempt to assess damages against Kim Davis. This victory is not just for Kim Davis. It is a victory for everyone who wants to remain true to their deeply-held religious beliefs regarding marriage while faithfully serving the public,” said Staver.

If that’s a victory, then I’ll take more of that, please.

Trump To Join Rubio At Anti-Gay Meeting In Orlando

Jim Burroway

August 10th, 2016

The Christian Broadcasting Network reported that Republican Presidential nominee Donald Trump will appear at the anti-LGBT “Rediscovering God in America” conference in Orlando. The event will be held this week on August 11 and 12, coinciding with the two-month anniversary of the Pulse night club massacre:

Trump will speak to them about his push to repeal the Johnson Amendment. The law, which has been in place for decades, has made it more difficult for pastors to speak out on political issues and candidates from the pulpit. We should also note that former presidential candidate Sen. Marco Rubio will also speak to pastors at the two-day event.

Liberty Counsel Action, the political action arm of the Liberty Counsel, and the Florida Renewal Project, an affiliate of the American Renewal Project, are sponsering the the private event which will be closed to the public and press. About 700 pastors and spouses are expected to attend. David Lane, founder of the American Renewal Project told Bloomberg that Trump’s talking about the Johnson Amendment would be just “a good first step”:

“That’s a good first step,” said David Lane, the American Renewal Project’s founder. “But what about the religious liberty of Christian photographers, Christian bakers, Christian retreat centers, and pastors who believe same-sex intercourse and marriage is sin? These Christians were simply living out their deeply held convictions of their Christian faith when they politely refused to provide services for a same-sex wedding. Doesn’t the First Amendment give us all a right to our beliefs?”

Lane added, “Homosexual totalitarianism is out of the closet, the militants are trying herd Christians there.”

Last month, Sen. Marco Rubio (R-FL) was named the event’s headliner, a move which brought fierce criticism from members of Orlando’s gay community. Rubio tried telling the Tampa Bay Times, presumably with a straight face:

“The event I will be speaking at in Orlando is a gathering of local pastors and faith leaders. Leave it to the media and liberal activists to label a gathering of faith leaders as an anti-LGBT event. It is nothing of the sort. It is a celebration of faith,” he said.

So is it an anti-LGBT event? You tell me. Here’s a rundown on some of the other speakers that Trump and Rubio will be sharing a platform with:

  • Mat Staver: He is head of the Liberty Counsel and Liberty Counsel Action. Liberty Counsel defended Kentucky clerk Kim Davis’s refusal to issue marriage licenses to same-sex couples. When Staver was dean of Liberty University’s law school, he taught his law students that they should counsel their clients to break the law in favor of “God’s Law.” And according to a RICO lawsuit connecting his law school to the Miller-Jenkins kidnapping case, his law school apparently practices what he taught. Last month, he denounced Orlando area churches for participating in “homosexual love feasts” by offering prayer services and open channels of prayer, and dialogue with the grieving community.
  • David Barton: He is a Texas-based fake historian who has said that God was preventing the medical profession from finding a cure for AIDS because it was “the penalty due them.” He has also repeated the false claim that gay people die decades earlier than straight people. In 2011 when Democrats still held the majority in the Senate, Baron claimed that prayers from the Senate side of the U.S. Capital can’t get through to God because “they get delayed twenty-one days because the principalities are up there fighting in the Heavenlies.”
  • David Lane: Right Wing Watch has this rundown, which included his 2013 statement that we would see “car bombs in Los Angeles, Washington D.C. and Des Moines, Iowa,” because of “homosexuals praying at the Inauguration.” In 2015, Lane organized a trip to Israel for sixty Republican Party leaders which was paid for by the American Family Association.

Marco Rubio Announced As Featured Speaker At Anti-Gay Event In Orlando

Jim Burroway

July 27th, 2016

Marco RubioLiberty Counsel Action, the political action arm of the Liberty Counsel, and the Florida Renewal Project, an affiliate of the American Renewal Project, have announced that Sen. Marco Rubio will be speaking at its “Rediscovering God In America Renewal Project“on August 11 and 12 in Orlando. The conference will take place exactly two months after the Pulse gay night club massacre in which 49 people were killed and 53 injured. According to Right Wing Watch, Rubio will be speaking alongside anti-gay extremists like Mat Staver, David Barton, Bill Federer, David Lane, and Maine pastor Ken Graves.

Last week, Rubio was confronted by angry protesters when he made a media appearance just a short walk down the street from the now-shuttered Pulse night club. Protesters were angered by Rubio’s statement in which he said he was “honored to receive John Stemberger’s endorsement.” John Stemberger is Florida’s leading and best-known anti-LGBT activist as head of Florida Family Action. Rubio will now be sharing the platform with some of the country’s more extremist anti-gay activists. Here’s a brief refresher:

  • Mat Staver: He is head of the Liberty Counsel and Liberty Counsel Action. Liberty Counsel defended Kentucky clerk Kim Davis’s refusal to issue marriage licenses to same-sex couples. When Staver was dean of Liberty University’s law school, he taught his law students that they should counsel their clients to break the law in favor of “God’s Law.” And according to a RICO lawsuit connecting his law school to the Miller-Jenkins kidnapping case, his law school apparently practices what he taught. Last month, he denounced Orlando area churches for participating in “homosexual love feasts” by offering prayer services and open channels of prayer, and dialogue with the grieving community.
  • David Barton: He is a Texas-based fake historian who has said that God was preventing the medical profession from finding a cure for AIDS because it was “the penalty due them.” He has also repeated the false claim that gay people die decades earlier than straight people. In 2011 when Democrats still held the majority in the Senate, Baron claimed that prayers from the Senate side of the U.S. Capital can’t get through to God because “they get delayed twenty-one days because the principalities are up there fighting in the Heavenlies.”
  • David Lane: I haven’t been following him, except for this post where he organized a trip to Israel for sixty Republican Party leaders which was paid for by the American Family Association. Right Wing Watch has this rundown, which included his 2013 statement that we would see “car bombs in Los Angeles, Washington D.C. and Des Moines, Iowa,” because of “homosexuals praying at the Inauguration.”

Ex-Gay Activist: Gay Marriage “A Sign Of the Last Days”

Jim Burroway

June 2nd, 2016

Janet Boynes, an ex-gay activist who has long been a favorite among the most extreme anti-gay activists, was been appearing on a radio program this week hosted by Liberty Counsel’s Mat Staver. When Staver was dean of Liberty University’s law school, he taught his law students that they should counsel their clients to break the law in favor of “God’s Law.” And according to a RICO lawsuit connecting his law school to the Miller-Jenkins kidnapping case, his law school practices what he teaches.

So, you know, birds of a feather and all that. On Staver’s radio program, Boynes said parents should absolutely not allow their gay kids to bring their significant others home for Christmas or Thanksgiving:

Janet Boynes“That is not a marriage,” she said, “and so we have to not allow ourself to get so confused and realize that the Bible talks about these things are going to happen in the Last Days. We have to have a better understanding that the Bible talks about in the Last Days, these things are going to happen and trust God that he has an answer for everything in his word.”

…Straight siblings, on the other hand, should be more than welcome to come home as a couple “because they are heterosexual [and] they’re doing things right,” but gay relationships are “unacceptable … in the world of God.”

Appeals court upholds conviction in Miller-Jenkins case

Timothy Kincaid

December 21st, 2015

Kenneth Miller

Isabella Miller-Jenkins is fifteen and she hasn’t seen her mother, Janet Jenkins, in at least five years.

In 2010, Lisa Miller (Isabella’s other mother) took her and fled to Nicaragua so as to avoid compliance with court orders to first allow visitation and – when she defied the court – to turn primary custody over to Janet Jenkins. Miller and Jenkins had been in a civil union when the child was conceived and both had parental rights. When the relationship soured, Miller claimed a conversion to conservative Christianity and used her newfound religious ideologies to gain allies in her custody battle.

The parental kidnapping was planned and assisted by her attorneys, Liberty Counsel’s Mat Staver and Rena Lindevaldsen along with a network of other supporters. Among them was Kenneth Miller (no relation), a Mennonite minister who provided plane tickets and facilitated people to assist Miller in her abduction.

In 2012, Kenneth Miller was found guilty of aiding in the kidnapping and sentenced to 27 months in jail. Rev. Miller appealed the decision arguing that the Virginia courts did not have jurisdiction as his criminal act did not occur in that state (the Virginia courts had jurisdiction over the parental rights, the abduction took place in Tennessee, Kenneth Miller performed his role in Virginia, and Lisa fled with Isabella first to Canada and then to Nicaragua).

Now the appeals court has responded. (Reuters)

On appeal, Miller argued that Vermont, where the custody battle between the women took place, was an improper venue, as he personally was not alleged to have committed any criminal act there.

But U.S. Circuit Judge Susan Carney, writing for a three-judge panel, said it was Lisa Miller’s removal of her child from the United States that allowed that allowed for the jurisdiction.

“It was not, for example, simply violating a state court custody order and crossing a state line: Its international nature endowed it with a different character and consequences,” Carney wrote.

To date, Mat Staver and Rena Lindevaldsen have not been held accountable for their role in the abduction.

Davis’ martyrdom act not selling well

Timothy Kincaid

September 7th, 2015

Kim Davis

Mat Staver and Kim Davis no doubt believe that they have achieved the perfect situation. Kim Davis has been thrown in jail like Paul and Silas for her Christian faith. Homosexuals and liberals are showing themselves to be the tyrants that they are and are engaging in full on war against Christians.

But this narrative isn’t playing as well as they might like.

Anti-gay activists are pointing at certain GOP presidential pretenders as indication of support. And Democratic activists are doing the same to suggest that the Republican Party is comprised entirely of homophobic lunatics. But the reality is something quite else.

Certainly some wild-eyed firebrands like Mike Huckabee have rushed to her defense, planning a rally and fundraising on Davis’ plight. Others such as Cruz, Santorum, and Jindal have also weighed in as being in support of Davis and Rand Paul seems completely confused. But for most, the response is more nuanced.

The GOP candidates have expressed some level of dismay that Davis is in jail along with their general disagreement with the Obergefell ruling. But for many of them, their frustration is in no small part with Davis and her refusal to find a solution.

Jeb Bush

“She is sworn to uphold the law, and it seems to me that there ought to be common ground, there ought to be big enough space for her to act on her conscience and — now that the law is the law of the land — for a gay couple to be married in whatever jurisdiction that is,” Bush told reporters in New Hampshire.

Donald Trump

“You have to go with it. The decision’s been made, and that is the law of the land,” the real estate mogul said Friday on MSNBC’s “Morning Joe.”

“I would say the simple answer is let her clerks do it,” he said. “Now from what I understand she’s not letting the clerks do it either. The other simple answer is rather than going through this — because it’s really a very, very sticky situation and terrible situation — 30 miles away they have other places, they have many other places where you get licensed. And you have them actually quite nearby, that’s another alternative.”

Carly Fiorina

“And, while I disagree with this court’s decision, their actions are clear,” Fiorina said. “And so I think in this particular case, this woman now needs to make a decision of conscience — is she prepared to continue to work for the government, be paid for by the government in which case she needs to execute the government’s will, or does she feel so strongly about this that she wants to sever her employment with the government and go seek employment elsewhere where her religious liberties will be paramount over her duties as a government employee?”

John Kasich

Even though Davis personally opposes same-sex marriage, she’s a government employee, Kasich told ABC’s This Week on Sunday.

“She’s not running a church. I wouldn’t force this on a church, but in terms of her responsibility, I think she has to comply,” said Kasich, Ohio governor and a GOP presidential candidate. He doesn’t think she should sit in jail, he said, but “I think she should follow the law.”

Lindsey Graham

As a public official, comply with the law or resign.

“The rule of law is the rule of law. We are a rule of law nation.

“I appreciate her conviction, I support traditional marriage, but she’s accepted a job in which she has to apply the law to everyone.”

I think that there are several reasons why Davis’ jailing isn’t getting the expected universal condemnation from Republicans and conservatives.

First is Davis herself. Due to her faith, she dresses plainly and avoids makeup. And while on some, that can come across as sweet-faced and innocent, Davis’ simply looks dowdy. Davis also expresses her sense of entitlement and petty authority in her expressions, giving the impression of sourness and anger. She is not nearly so sympathetic a character as we have previously seen in bakers, photographers, and venue suppliers.

Running a close second is her counsel. They are accustomed to making outlandish and absurd statements to those who share their extreme views and who willingly believe their wild assertions. But when that is trotted out in front of the general public, it sounds like the ranting of lunatics. Insisting that the licenses being issued are void and worthless (though Kentucky law allows for deputy clerk authorization) or declaring that the Supreme Court doesn’t have constitutional authority to rule on issues relating to constitutional interpretation makes Mat Staver appear, as a Fox News panel put it, “ridiculously stupid”.

Also contributing to the lack of respect for Davis may be a current dissatisfaction with petty bureaucrats and never ending regulation. Irrespective of whether one thinks that marriage should be equal, this story seems more indicative of governmental meddling than it does of individual victimhood. It’s easy to pity a baker who is being forced by faceless administrators to bake a cake, but Davis is on the other side of that equation, refusing to engage with her customers and with reporters and autocratically forbidding her staff from serving the public.

We should also consider that Americans are tired of the debate. The question of the legality of same-sex marriage had placed strain on families and friendships and even on personal beliefs as ancient moral codes warred with genuine affection for gay people. And when the Supreme Court found for gay marriage, most of those who were not favorable of that decision were, nevertheless, glad that there had finally been a decision and they could move on. By bringing up again what was believed to be finalized, Davis irritated those who were becoming comfortable with the new reality.

Finally, this situation is not one which could not have found a solution. Davis was given the opportunity to find a win-win by allowing her deputies to issue marriage licenses. This would have allowed everyone to feel good about Davis standing for her beliefs but not standing in the way of others. And when she rejected that offer demanding that she be allowed to block marriage licenses in the county for everyone based solely on her personal beliefs, she was the one who seemed unfair and unkind.

Certainly the gadflies and the extremists and the professionally butthurt will beat this horse for long after it has breathed its last whinney. But the public, including much of the right of center, has not rallied around her nor found in Kim Davis a cause.

Kentucky county clerk toys with contempt

Timothy Kincaid

August 27th, 2015

Kim DavisKim Davis should not be forced to give out marriage certificates to same-sex couples. Davis has a right to her beliefs, religious or otherwise, and a constitutionally protected freedom to live by the dictates of her conscience.

However, governmental entities do not have the right to deny marriage licenses to same-sex couples. The Supreme Court of the United States has determined that to do so is a violation of constitutional protections of equality.

And Kim Davis is the County Clerk in Rowan County, Kentucky. Which might seem to set up a conundrum. Davis cannot be forced to violate her conscience, and yet the County cannot deny equality. Quite the paradox.

But not really. Because Kim Davis does not issue marriage licenses; the Rowan County Clerk issues marriage licenses. The marriage certificates bear the Seal of the State of Kentucky, not the Seal of Kim Davis.

Davis merely performs tasks as the physical representative of the county. Her official actions do not originate in Davis’ will nor are they performed for Davis’ benefit. What Davis believes is irrelevant and when she speaks on behalf of the county, “the relevant speaker is the government entity, not the individual”.

So said the Sixth Circuit Court of Appeals yesterday when denying stay to Davis in her legal challenge to her obligation to perform the duties of the county.

Two weeks ago Federal Judge David Bunning ordered Davis, in her official capacity, to issue a marriage licenses, including to same-sex couples. He had stayed his ruling so that Davis could appeal to the Sixth Circuit. But the Court’s response leaves no ambiguity.

In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.

Which means that Davis and other employees of Rowan County cannot thwart the County in performing its duties to its residents. The County Clerk must issue marriage licenses to same-sex couples who request them without discrimination.

Yet the Clerk’s Office continues to refuse to do so. (Kentucky.com)

Rowan County Clerk Kim Davis continued to withhold marriage licenses from local residents Thursday, a day after a federal appeals court upheld an order telling her to end her protest.

James Yates and William Smith Jr. were turned away by a deputy clerk in Davis’ office Thursday morning when they asked for a marriage license. The deputy told the men Davis thinks she can legally withhold marriage licenses until Monday, Aug. 31, under an order issued earlier this month by U.S. District Judge David Bunning.

August 31st is the deadline Judge Bunning gave for Davis to appeal to the Sixth Circuit. Obviously the temporary stay given by Bunning expired upon the Sixth Circuit response and this is all but a game. Kim Davis is opening herself up to charges of contempt (though I doubt that happen).

Nevertheless, in a few days time there may be a showdown. Davis will need to decide whether the County Clerk’s Office will fulfill its duties, whether she will defy the orders of the court, or whether she will resign.

I suspect that Davis will continue to obstruct the operations of the county. Davis and her attorney, Mat Staver of Liberty Counsel, are using this situation as a form of public activism against same-sex marriage. Their desire is twofold: to carve away at the rights of gay citizens and to rally public support for their ‘religious freedom’ political endeavors.

But, as is so often true, Liberty Counsel and other anti-gay activists appear to have selected the wrong case to rally around.

Kim Davis is a particularly unsympathetic “victim”, one with whom it is difficult to empathize. She lacks a groomed appearance and her manner appears abrupt and harsh.

But, more importantly, her cause is not one that appeals to anyone other than those who are fiercely opposed to equality for gay people. The great middle population, that to which a thoughtful appeal for religious liberty could be effective, will likely not find “I want to block the county business because of my personal beliefs” to be compelling.

This just sounds to many people like another self-important bureaucrat seeking to interfere in others’ lives. Most people find dealing with governmental entities to be annoying enough without having to worry whether the person responsible for issuing fishing licenses is a vegan or if the county planner is an old hippy that favors quonset huts or if the person issuing business licenses is a teetotaler. Davis’ religious quest to obstruct marriages because of her religion feels like more of the same sort of nonsense.

Personally (though I know many here disagree) I think that there is a valid argument to be made for the religious liberty of individuals to operate their personal business according the their conscience. And that is an argument that can appeal to a broad spectrum, left or right, gay or straight.

But Staver and crew may turn off the public with their defense of the indefensible that they poison the well for any other more legitimate claims.

UPDATE

Staver says that he is going to appeal to the Supreme Court tomorrow for a stay until the case can reach them. I am not anticipating that said stay will be issued.

Abetting kidnapping isn’t covered by Liberty University’s insurance policy

Timothy Kincaid

July 13th, 2015

Jerry Falwell’s Liberty University added a law department in 2004 under the guidance of Mat Staver.

And it was while Staver was the Dean of the School of Law that he and fellow professor Rena Lindevaldsen orchestrated a plan by which Lisa Miller could kidnap Isabella Miller-Jenkins and flee to Nicaragua so as to thwart the legal rights of Miller’s former partner Janet Jenkins. Portions of the kidnapping was facilitated by a Liberty employee, and documents reveal that other staff members were aware of the plan.

So Janet Jenkins has sued the various schemers under RICO law, including Liberty University.

Liberty thought, oh that’s what insurance is for. But their provider saw things differently and refused to pay for their legal defense. So Liberty sued their insurance provider insisting that they cover the cost of the RICO defense.

A federal court found summary judgement for Liberty, ruling that the insurance must pay for the school’s defense. However, the insurer appealed and a three judge panel of the Fourth Circuit overruled the lower court decision and now Liberty’s defense will be on their own dime.

the Intentional and Criminal Acts Exclusion embraces claims “arising out of any intentional, dishonest, fraudulent, criminal, or malicious act or omission or any willful violation of law by the insured” and “precludes coverage for all insured persons under the policy regardless whether the person seeking coverage participated in any way in the intentional or criminal acts or omissions.” As we have emphasized, the Jenkins Complaint alleges Appellee’s liability for injuries arising from its direct involvement in conspiracies to commit kidnapping and racketeering, which carry criminal penalties. We conclude these claims clearly and unambiguously trigger the Intentional and Criminal Acts Exclusion.

I guess that the Law School didn’t read the fine print before it set about to conduct a kidnapping.

Supreme Court Declines to Review California’s Conversion Therapy Ban

Jim Burroway

June 30th, 2014

In other less-talked about Supreme Court news today, the high court declined to hear an appeal challenging California’s ban on sexual orientation change therapy for minors. This leaves in place a Ninth Circuit Court of Appeals ruling stating that the state of California had a legitimate interest in banning professional treatments that were considered harmful. As is customary, the Supreme Court didn’t give a reason for declining the appeal.

While California’s converstion therapy ban prohibits licensed professionals from providing change orientation therapy to minors, it does not apply to unlicensed religious-based ex-gay ministries, nor does it prohibit licensed professionals from providing sexual orientation change therapy to adults. Nevertheless, it’s likely to have a serious financial effect on licensed providers. In 2012, Joseph Nicolosi, co-founder of the National Association for Research and Therapy of Homosexuality (NARTH) which bills itself as the professional arm of the ex-gay movement, admitted that about half of all NARTH clients are teens. NARTH, which had appealed the case to the Supreme Court with the help of Liberty Counsel, has not yet issued a statement responding to the Supreme Court’s refusal to hear their case. Liberty Counsel’s Mat Staver issued a statement however that is about as nasty as it gets:

I am deeply saddened for the families we represent and for the thousands of children that our professional clients counsel, many of whom developed these unwanted attractions because of abuse of a pedophile. …These children have been victimized twice –  first by the likes of Jerry Sandusky, and second by legislators and judges who have essentially barged into their private therapy rooms and told them that they must pursue their unwanted and dangerous same-sex sexual attractions and behavior.

Liberty Counsel’s Mat Staver: Recognizing People’s Marriages Is Just Like Slavery, Eugenics and the Japanese Internment

Jim Burroway

June 28th, 2013

They’re still chattering. Via Right Wing Watch:

I’m very dissapointed in this decision. I think this decision represents a line that the court has crossed into illegitimacy. We’ve seen this before in its history, where it decided the Dred Scott decision, which was an illigitimate decision; the Korematsu decision which was the Japanese interment decision; the Buck v. Bell decision that says its okay to force people to be sterilized, an illegitimate decision. All of which we say were dark spots in the Court’s history. I think today’s decision falls into that same category. This decision is by five justices that cut the tether between themselves and the Constitution. They are in their own fantasy world that there is somehow an equal protection right to mame-sex marriage.

Speaking of illegitimate: Mat Staver founder of Liberty Counsel. He’s also a vice president at Liberty university and the dean of its law school, which teaches his law students should ignore the law counsel their clients to break the law in favor of “God’s Law.” And according to a RICO lawsuit filed last year connecting his law school to the Miller-Jenkins kidnapping case, his law school practices what he teaches.

Mat Staver Reacts

Jim Burroway

November 8th, 2012

The Deaon of Liberty University Law School says elections don’t matter:

The event we have just witnessed was far more than a general election – it was a referendum on the soul of America. We grieve today like we have lost a friend or a close relative. Millions of Americans looked evil in the eye and adopted it. Some Christian observers called the Democratic Party platform for 2012 a “Romans 1 Platform,” and they were right. Abortion, same-sex marriage, and immorality carried the day.

God is not through with our nation! God calls us to remain faithful, no matter the consequences. We might be a Bonhoeffer in Nazi Germany who never lived to see the fruit of his faithful labor. We might be a Wilberforce in England who saw the fruit of his labor (the abolition of slavery and reformation of morals), but died soon after, never getting the chance to enjoy the results. We might even be a David who stood up against popular opinion and defeated a giant who blasphemed God Almighty.

We have a higher calling than the world. Our calling and our values do not depend on a survey or an election. Whether we are on the verge of revival or are soon to face the death chamber makes no difference in how we respond or how we act. Our obedience is to Christ and to Christ alone!

Not a surprising stand for him to take. His law school teaches his law students to ignore the law — and even counsel clients to break the law — in favor of “God’s Law.” And according to a RICO lawsuit filed in August connecting his law school to the Miller-Jenkins kidnapping case, his law school practices what he preaches.

RICO Suit Filed Against Liberty University and Others Over Isabella Miller-Jenkins Kidnapping

Jim Burroway

August 15th, 2012

Yesterday, Mennonite minister Kenneth Miller was convicted of aiding and abetting the abduction of Isabella Miller-Jenkins by her mother, Lisa Miller, who fled to Nicaragua with Isabella in violation of a court order transferring custody of Isabella to her former partner Janet Jenkins. (Kenneth Miller is reportedly not related to Lisa Miller.) During the trial, jurors heard testimony which revealed a wide-ranging conspiracy to illegally transport Lisa Miller and Isabella to Nicaragua, which has no extradition treaty with the United States. That conspiracy included several people, including those with ties to Jerry Falwell’s Liberty University

While the jury was deliberating, Janet Jenkins filed a lawsuit (PDF: 415KB/17 pages) with the U.S. District Court in Vermont under the Racketeer Influenced and Corrupt Organizations Act (RICO), naming the following as defendants in an alleged international conspiracy to facilitate the kidnapping of Isabella Miller-Jenkins:

  • Kenneth L. Miller (No relation to Lisa Miller)
  • Lisa Ann Miller f/k/a Lisa Miller Jenkins
  • Timothy D. Miller (No relation to Lisa Miller)
  • Andrew Yoder, individually and as an agent for Christian AID Ministries, Inc.
  • Christian AID Ministries Inc.
  • Response Unlimited, Inc.
  • Philip Zodhiates, individually and as an agent for Response Unlimited, Inc.
  • Victoria Hyden f/k/a/ Victoria Zodhiates, individually and as an agent for both Repsonse Unlimited, Inc and Liberty University School of Law and its related ministry, Thomas Road Baptist Church
  • Liberty University School of Law and its related ministry, Thomas Road Baptist Church
  • Linda M Wall, individually and as an agent for Thomas Road Baptist Church.
  • Douglas Wright

The filing ties these names together in a remarkably detailed timeline in its charge against the defendants. Some of the info in this document have been reported before, and some of it appears to have come from the FBI’s original criminal complaint against Timithy Miller. The lawsuit alleges that by late summer of 2009, Lisa Miller, who had moved to Virginia with the assistance of Thomas Road Baptist Church:

35. On September 19, 2009, two days before her departure for Nicaragua, Lisa Miller and Isabella travelled back to Winchester, VA. During this trip, Lisa arranged to meet Defendant Wright in a parking lot so that she and Isabella could say “good-bye” to him. Defendant Wright testified under oath that by good-bye, he understood that Lisa and Isabella were leaving and he would not be seeing them again. At this meeting, Lisa Miller also asked Defendant Wright to help her dispose of some personal items. Pastor Wright understood that Lisa Miller would be taking Isabella away, and he did nothing to notify law enforcement of the situation

36. Unbeknownst to Plaintiff Janet Jenkins, on September 21,2009, Lisa Miller and Isabella were transported, in disguise as Amish-Mennonites, to the Canadian border by Philip Zodhiates and at least one other Response Unlimited, Inc. employee. Lisa Miller and Isabella crossed the border at the Rainbow Bridge in a taxi in the early morning hours of September 22, 2009, just days prior to the contact ordered by the Rutland Family Court in its September 2009 Interim Order.

37. In the days prior to September 22, 2009, Lisa Miller and Philip Zodhiates conspired with Kenneth Miller, a member of the Virginia Beachy Amish-Mennonite Brotherhood with whom both Victoria and Philip Zodhiates were acquainted, to arrange the purchase of plane tickets from Canada to Nicaragua for Lisa Miller and Isabella Miller-Jenkins. Kenneth Miller also arranged for a Canadian member of the Brotherhood to transport Lisa Miller from an Ontario Hotel to the Toronto airport. Lisa Miller and Isabella Miller-Jenkins flew to Mexico, then El Salvador, and then met Timothy Miller in Nicaragua. Timothy Miller was instructed by Kenneth Miller to purchase plane tickets for Lisa Miller and Isabella, and used his mother-in-law’s credit card to do so. Several days later, Kenneth Miller used cash to send a money order to reimburse Timothy Miller’s mother-in-law. This was done anonymously, and in such a way as to avoid detection in a clear effort to avoid the September visit, and the anticipated transfer of custody.

Timothy Miller was arrested in April, 2011 and charged with aiding in the removal of a child from the U.S. and retaining a child with intent to obstruct parental rights. Charges were later dropped in exchange for Timothy Miller’s cooperation, but it was during his arrest that the FBI’s criminal complaint detailed a wider network of conspirators in the kidnapping saga. Some of the information revealed in that criminal complaint makes its appearance in this lawsuit, but with a few additional details tying it all together:

38. Kenneth Miller was a pastor at the Pilgrim Christian Fellowship in Stuart’s Draft, VA and a leader within the Beachy Amish-Mennonite Community. He was also employed at his family’s garden center, Millmont Greenhouses, Inc., in Stuart’s Draft, VA.

39. Starting in September 2009, Lisa Miller and Isabella lived near or among the Beachy Amish-Mennonite Community in Nicaragua, hereinafter the (“Nicaragua Brethren”). This was all done in secret and in such a way as to avoid detection by United States authorities and Janet Jenkins. Lisa Miller would eventually go into “hiding” with Isabella among the Nicaragua Brethren, but would continue to communicate with members of Thomas Road Baptist Church with the assistance of Mr. Zodhiates, Kenneth Miller and members of the Nicaragua Brethren. Lisa Miller went by the name “Sarah” and Isabella was called “Lydia” while in Nicaragua.

41. Unbeknownst to Plaintiff Janet Jenkins, in 2009 Victoria Zodhiates (now Hyden) was an employee of Response Unlimited, Inc., and also a “student worker” at Liberty University School of Law. On information and belief, Victoria Zodhiates sent an email during this time period to her co-workers at the law school requesting donations for supplies to send to Lisa Miller to enable her to remain outside the country. Lisa Miller’s attorney, Matthew Staver was the Dean of the Law School and Ms. Zodhiates’s boss. Matthew Staver and Philip Zodhiates were also personal acquaintances at this time. On September 20, 2009, both Philip Zodhiates and Victoria Hyden called Lisa Miller’s father, Terry Miller in Tennessee to assist in arranging her and Isabella’s transportation from a Walmart parking lot in Lynchburg, Virginia, to Waynesboro, Virginia, from whence they would depart for Canada and Nicaragua the next day.

New to this lawsuit is the allegation which, if proven true, would directly implicate Thomas Road Baptist Church as part of the conspiracy:

42. In early November, 2009, elders of the Thomas Road Baptist Church packed up the personal belongings of Lisa Miller in two bags. These bags were picked up from Lynchburg, Virginia by Philip Zodhiates who arranged to have the bags transported to Nicaragua by sending them with his son’s school teacher who was taking some children on a mission trip to Managua. Philip Zodhiates arranged for the teacher, John Collmus, to deliver the bags at the airport to Timothy Miller. The bags also contained some supplies for Lisa Miller, such as peanut butter.

The lawsuit also includes the incident which we reported in December, 2009, when Deborah Thurman,  the facilitator of an apparently defunct ex-gay ministry in Lynchburg, VA, called The Formers, posted a threat of civil violence on her web site. The complaint also includes the revelation that Lisa Miller’s attorneys, Mat Staver and Rena Lindevaldsen, both professors at Liberty University’s Law School, provided a case history nearly identical to the Miller-Jenkins case and instructed their students that the proper course of action would be to engage in “civil disobedience” and defy the court order.

The problem with conspiracies is that the more people who are involved, the greater the chance is that one of them will have a bit too big of a mouth and draw attention to the operation. In addition to Thurman’s reckless blog post, another member of the conspiracy felt compelled to brag as well. In 2008, Linda Wall and other members of Thomas Road Baptist Church, had formed the Protect Isabella Coalition (PIC), when it became clear to them that Virginia law would not prevent Janet Jenkins from gaining custody of Isabella. PIC allegedly was the nucleus of the movement that morphed into the larger conspiracy. According to the lawsuit, Linda Wall essentially admitted that there was an active kidnapping conspiracy and that she as a part of it.

51. In January 2010, Linda Wall appeared on television with several members of the PIC and TRBC [Thomas Road Baptist Church], including TRBC’s Pastor for Outreach and Assimilation Tipton Killingsworth, to endorse the kidnapping. In discussing her role, Wall compared herself to Harriet Tubman, and suggested she would take similar actions with regard to more children from same-sex families. Pastor Killingsworth also publically supported Lisa Miller’s actions and threatened ongoing kidnapping activity. He wrote in an internet chat on February 22, 2010:

“No one has been “kidnapped. “It may come to that as when the Pharoah tried to do the same thing to the Israelites in Egypt. Just as it was necessary for Moses to be in the basket, that might be necessary for Izzy but time will tell. As you’ve said, Lisa is certainly Izzy’s refuge from the VT law. “

52. Defendant Wall also wrote on Facebook that if anyone knew of Lisa and Isabella’s whereabouts, they should not tell anyone. She also made several phone calls to law enforcement to instruct them that they should not look for Lisa and Isabella.

This just carries us to 2010. There is so much more, including allegations of money laundering, Liberty University Law School employees who were fired, and Law School employees (the same ones perhaps?) who were “too intimidated to come forward to law enforcement for fear of angering Dean Staver and losing their jobs.” If Janet Jenkins’s lawyer has the proof to back up these allegations — and it appears that much of it is already available from various criminal complaints and Kenneth Miller’s trial testimony — then the trial promises to be an exceptionally enlightening affair. I can hardly wait.

The Daily Agenda for Saturday, October 29

Jim Burroway

October 29th, 2011

TODAY’S AGENDA (OURS):
Go-Go Dancer Appreciation Day: West Hollywood. So declareth the WeHo City Council. “From the Whisky to Micky’s, from Voyeur to Club Eleven – Go-Go dancers perform all year long for the delight of both locals and tourists in West Hollywood,” said West Hollywood Mayor John J. Duran. “We have more Go-Go dancers per square mile than any other city in America and it’s time we celebrated their efforts and hard work!” continued Mayor Duran. We usually don’t feature photos of scantily clad men, but we’ll do it today in observance of this auspicious occasion.

The Care of Souls: Sexual Diversity, Celibacy, and Ministry in the Catholic Church: Fairfield, CT. The final event of the four-part series entitled “More Than a Monologue: Sexual Diversity and the Catholic Church” will address the roles and responsibilities of LGBT Catholics in the Church’s ministries. The focus of today’s daylong conference at Fairfield University will be on both lay and ordained Catholics. Speakers include Mark Jordan, Harvard Divinity School and author of The Silence of Sodom: Homosexuality in Modern Catholicism; Sr. Jeannine Gramick, co-founder of New Ways Ministry and author of Building Bridges: Gay and Lesbian Reality and the Catholic Church; and Rev. Donald Cozzens, writer-in-residence at John Carroll University and author of Freeing Celibacy. The conference takes place today at Fairfield University, Dolan School of Business, 1073 North Benson Road, Fairfield, CT, and will be streamed live here.

Silent Vigil for Aeryn Gillern: Vienna, Austria. In 2006, Aeryn was Mr. Gay Austria and 1st  runner up in the International Mr. Gay competition. He was also happily employed by the United Nations Industrial Development Organization (UNIDO). At 6:00 PM, on October 29, 2007, Aeryn signed out at UNIDO and headed to the world-famous, centuries old Kaiserbruendl Sauna. He was never seen again. This evening, his mother will hold her annual silent vigil outside the Franciscan Church across the street from the Kaiserbruendl. It will be the fourth anniversary of Aeryn’s disappearance. Anyone interested in participating is encouraged to meet her by the side doorway of the Franciscan Church on Weihburggasse facing the Kaiserbrubdl from 6:50pm  until 8:20pm.

AIDS Walks This Weekend: Washington, D.C.

Pride Celebrations This Weekend: Shanghai, China.

Also This Weekend: Diversity Weekend, Eureka Springs, AR; Hellfest 2011 Rugby Tournament, Dallas, TX; Out In Africa Film Festival, Cape Town and Johannesburg, South Africa; and Glasgay!, Glasgow, UK.

TODAY’S AGENDA (THEIRS):
Georgia Awake!: Augusta, GA. It’s like Groundhog Day, isn’t it? There was a Georgia Awake conference yesterday outside of Augusta, and today the carnival repeats itself again in Cumming, northeast of Atlanta, where Liberty Counsel is continuing its series of “Awake!” conferences this morning at First redeemer Church. They’re doing this because, in case you missed it, “There’s a war waging:”

Christianity is under attack in our schools, workplaces, and governments. Silence is a decision to stand with the enemy. Inaction is a deathblow to the God-honoring principles our country was created to allow each citizen to enjoy.

Speaking at tonight’s conference will be Liberty Counsel head Mat Staver (who teaches his law students to ignore the law in favor of “God’s Law”), and fake “historian” David Barton. It all begins this evening at 10:00 a.m. and runs until noon.

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

And feel free to consider this your open thread for the day. What’s happening in your world?

The Daily Agenda for Friday, October 28

Jim Burroway

October 28th, 2011

TODAY’S AGENDA (OURS):
Commonwealth Heads of Government Meeting (CHOGM): Perth, Australia. Leaders of the 53 Commonwealth nations will begin their biennial meeting today, as human rights advocates call on Commonwealth members to scrap their colonial-era anti-gay laws. Forty-one Commonwealth nations, including Uganda, Zimbabwe and Ghana, currently have laws which provide criminal penalties for homosexuality. Those laws, advocates warn, hamper AIDS prevention efforts and deprive millions of citizens around the world of economic, political and social equality. Former Botswana President Festus Mogae has joined the call for worldwide decriminalization, and Zimbabwe Prime Minister Morgan Tsvangirai broke with President Robert Mugabe in what the BBC described as a “U-turn” and declared that gay rights, “to me, it’s a human right.” Tzvamgirai has been weathering blistering condemnations from Mugabe’s allies since then. Commonwealth Secretary General Kamalesh Sharma also backs the proposals. Meanwhile, Uganda has begun efforts to revive its proposal to kill gay people.

AIDS Walks This Weekend: Washington, D.C.

Pride Celebrations This Weekend: Shanghai, China.

Also This Weekend: Diversity Weekend, Eureka Springs, AR; Hellfest 2011 Rugby Tournament, Dallas, TX; Out In Africa Film Festival, Cape Town and Johannesburg, South Africa; and Glasgay!, Glasgow, UK.

TODAY’S AGENDA (THEIRS):
Exodus International North Central Regional Conference: Green Lake, WI. Unlike prior conferences, Exodus hasn’t published a list of speakers for this three-day conference that begins today at the Green Lake Conference Center. They do however highlight Christopher Yuan as a guest speaker. Yuan tells the tale of being a gay man with a drug problem who was arrested for possessing”9.1 tons” and served a six year prison. A sad life, but what do any of those destructive decisions have to do with being gay? Well, I’m sure he has an explanation and will tell anyone who forks over from $110 (Saturday only, no meals) to $210 (Standard three-day registration, single adult, including meals and lodging). It begins today at 7:00 p.m. and continues through Sunday morning.

Georgia Awake!: Augusta, GA. The Liberty Counsel is continuing its series of “Awake!” conferences with a meeting this evening at Abilene Baptist Church in Martinez, GA, because, of course, “There’s a war waging:”

Christianity is under attack in our schools, workplaces, and governments. Silence is a decision to stand with the enemy. Inaction is a deathblow to the God-honoring principles our country was created to allow each citizen to enjoy.

Speaking at tonight’s conference will be Liberty Counsel head Mat Staver (who teaches his law students to ignore the law in favor of “God’s Law”), and fake “historian” David Barton. It all begins this evening at 7:00 p.m.

If you know of something that belongs on the agenda, please send it here. Don’t forget to include the basics: who, what, when, where, and URL (if available).

And feel free to consider this your open thread for the day. What’s happening in your world?

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