FaithWorld

Top French court rejects gay marriage appeal

gay

France’s ban on same-sex marriages was upheld by the country’s constitutional authority on Friday, in a ruling that relieves the government of any obligation to grant gays the wedding rights enjoyed by heterosexuals.

A handful of countries in Europe allow couples of the same sex to wed, and rights campaigners had hoped for a breakthrough in France, where two women living together had demanded the view of the Constitutional Council.

The Council said it found no conflict between the law as it stands and fundamental rights enshrined in the constitution. It ruled that it was up to parliament, rather than the constitutional authorities, to decide whether the law should change.

The two women who appealed to the Council are raising four children together, three of them conceived through artificial insemination. They say they want to marry to be able to officially share parental authority, clarify inheritance rights and guarantee custody rights for all the children if one died.

Henri Guiano, an adviser to President Nicolas Sarkozy, said shortly before the verdict was made public that the matter was one for political leaders and not lawyers, signalling that nothing should change without in-depth political debate. “This is a question of society, of civilisation even,” said Guiano. “This is a matter that could maybe be broached during the presidential election campaign, by parliamentary debate, but not just for the law,” he said.

Bashir plans Islamic law if Sudan splits, defends flogging woman

sudan (Photo: Sudan’s President Omar Hassan al-Bashir addresses a rally in Gedaref, December 19, 2010/stringer)

Sudan will adopt an Islamic constitution if the south splits away in a referendum next month, President Omar Hassan al-Bashir said on Sunday. The vote on independence for south Sudan is scheduled to start in three weeks and was promised in a 2005 peace deal that ended a civil war between the mainly Muslim north and the south, where most follow traditional beliefs and Christianity.

“If south Sudan secedes, we will change the constitution and at that time there will be no time to speak of diversity of culture and ethnicity,” the president told supporters at a rally in the eastern city of Gedaref. “Sharia (Islamic law) and Islam will be the main source for the constitution, Islam the official religion and Arabic the official language,” he said.

An official from south Sudan’s main party criticised Bashir’s stance, saying it would encourage discrimination against minorities in the north and deepen the country’s international isolation.

European human rights court faults Ireland on abortion ban

echr (Photo: European Court of Human Rights in Strasbourg, January 30, 2009/Vincent Kessler)

The European Court of Human Rights ruled against Ireland on Thursday for stopping a Lithuanian cancer sufferer from terminating a pregnancy, in a blow to the predominantly Catholic country and its tough abortion laws. In a final ruling, the rights court found Ireland had not respected the privacy and family rights of the Lithuanian woman, who was living in Ireland and feared a pregnancy could trigger a relapse of her cancer, in remission at the time.

The court, based in the eastern French city of Strasbourg, ordered Ireland to pay 15,000 euros ($19,840) in damages to the woman, who was forced to travel to Britain, where the laws are more liberal, to have an abortion. Terminating a pregnancy has long been a fraught issue in Ireland, where some of the toughest abortion laws in Europe allow terminations only when the mother’s life is in danger.

“The Court concluded that neither the medical consultation nor litigation options, relied on by the Irish government, constituted effective and accessible procedures which allowed (her) to establish her right to a lawful abortion in Ireland,” it said a statement on the ruling. Here is a court press release and the full text of the judgment.

U.S. appeals court hears key California gay marriage case

marriage 1Three federal appellate judges considering whether to allow gay marriage in California hear arguments on Monday in a case many expect to land in the U.S. Supreme Court and set national policy. California voters, with a reputation for social liberalism, shocked the United States in 2008 when they narrowly approved the Proposition 8 ban on gay marriage only months after the top state court opened the door to same-sex weddings. (Photo: Same-sex marriage proponents at City Hall in San Francisco, August 12, 2010/Robert Galbraith)

More than 40 U.S. states have outlawed such unions, but the California challenge could shape the nation if the Supreme Court decides to review the appeals court decision. A lower court struck down the ban earlier this year, ruling that marriage is a fundamental constitutional right and that the defenders of the ban showed no justifiable reason for limiting the institution to opposite-sex couples.

marriage 2The ruling is on hold, though, while under appeal. (Photo: A man opposed to same sex marriage at City Hall in San Francisco, August 12, 2010/Robert Galbraith)

The Prop 8 ban proponents say the lower court ignored common wisdom and history that limits marriage to a man and a woman in order to spur procreation. Gay marriage proponents successfully argued in the lower court that the definition of marriage has changed over time, for instance including polygamy in some societies. Same-sex marriages would not harm the institution, they contended.

Pakistan Pres. Zardari barred from pardoning Christian woman

bibi 1 (Photo: Pprotesters demand the release of Asia Bibi at a Karachi rally, November 25, 2010/Akhtar Soomro)

A Pakistani court has barred President Asif Ali Zardari from pardoning a Christian woman sentenced to death on charges of insulting Islam, in a case that has sparked criticism over the country’s blasphemy law. Asia Bibi, a 45-year-old mother of four, requested a pardon from the president after a lower court sentenced her to death on Nov 8 in a case stemming from a village dispute.

The Lahore High Court barred Zardari on Monday from pardoning Bibi in a petition filed by Shahid Iqbal, a Pakistani citizen. Iqbal’s lawyer Allah Bux Laghari told Reuters a pardon was illegal as the court was already hearing an appeal against her sentence.

“We believe it is the court’s duty to evaluate the evidence against her, not individuals, and if she is found innocent, she should be freed,” he said.

Canada’s anti-polygamy laws go on trial in Vancouver

jeffsA Canadian court opened hearings on Monday into whether anti-polygamy laws violate constitutional protections of religious freedom. The court is wrestling with civil liberties and moral questions surrounding a breakaway sect of the Mormon church that has practiced plural marriages at its compound in rural British Columbia since the late 1940s. (Photo: U.S. polygamist group leader Warren Jeffs escorted into a court hearing, in Las Vegas, Nevada, August 31, 2006/Steve Marcus)

“We are beginning on an historic reference,” Robert Bauman, chief justice of the British Columbia Supreme Court told a packed courtroom in Vancouver.

The provincial government asked the court to probe the law’s constitutionality ahead of a criminal case against leaders of the Fundamentalist Church of Jesus Christ of Latter-Day Saints that is expected to test the issue.

Islamic finance in Gulf needs regulation boost

karachi marketFrom Australia to South Africa, governments are scrambling to change the law to accommodate the $1 trillion Islamic finance industry, whose avoidance of toxic debt has looked increasingly attractive since the global crisis. But in the Gulf Arab region, birthplace of Islam and cradle of Islamic finance, governments have taken a more passive approach, which experts say is slowing the industry’s growth. (Photo: A broker at the Karachi Stock Exchange July 5, 2010/Athar Hussain)

“Aside from Malaysia, Sudan and Iran, no government has really owned the Islamic finance project,” Humayon Dar, chief executive of London-based sharia advisory and structuring firm BMB Islamic, said.

In Malaysia, there is a national sharia council that sets rules for Islamic financial institutions. Rules are standardised under the central bank, which has made an active push towards supporting Islamic finance. In the first three quarters of 2010, the Malaysian government accounted for 62.5 percent of all Islamic bonds, or sukuk, issuances globally, valued at $18.4 billion, according to Thomson Reuters data. By comparison, not one sovereign sukuk came out of the Gulf Arab region during the same period.

Top Belgian Catholic vows silence after uproar

leonardBelgium’s Roman Catholic leader has sworn off public remarks until Christmas after outraging public opinion twice this month with jarring comments about AIDS and a call for mercy for retired paedophile priests.

Brussels Archbishop André-Joseph Léonard, already under fire because of the scandal of sexual abuse of minors by priests, caused a storm two weeks ago when he said in a new book that AIDS was “a sort of inherent justice.” Politicians, abuse victims and some leading lay Catholics rounded on him again this week after he said that prosecuting retired priests for abuse they committed long ago was “a kind of vengeance” that they should be spared. (Photo: Archbishop André-Joseph Léonard, October 15, 2010/Thierry Roge)

“We’re in a very serious crisis and the last thing we need is more commotion,” Leonard’s spokesman, Jürgen Mettepenningen, told Belgium’s VTM television on Thursday evening. “I’ve agreed with Archbishop Léonard that there should now be as much radio silence as possible until Christmas” so that the Church can concentrate on overcoming the crisis and carrying out its main task of preaching the Gospel, he said.

Brazil’s ugly abortion reality lost in election noise

brazil abortionIt was a little-noticed headline amid the daily crime, violence and accidents in Rio de Janeiro’s rough outskirts — Adriana de Souza Queiroz, 26, dead after a clandestine abortion went wrong. Queiroz, who scraped a living handing out pamphlets and was 3 or 4 months pregnant, last month became one of the some 300 Brazilian women who die each year after back street abortions.

The issue of abortion in the world’s most populous Roman Catholic country has been thrust into the spotlight by a presidential election in which front-running candidate Dilma Rousseff has been punished by religious voters for her past support for decriminalizing the procedure. (Photo:  An anti-abortion march in Brasilia September 10, 2008/Jamil Bittar)

Abortion rights groups have long argued the law does little to prevent abortions in Brazil and mostly hurts poor women who can’t afford safer, expensive underground clinics.

Polish bishops call IVF “younger sister of eugenics”

cloneBishops of Poland’s influential Roman Catholic Church have branded in vitro fertilization (IVF) “the younger sister of eugenics” in a letter aimed at swaying lawmakers ahead of a parliamentary debate.

Their intervention, two weeks after the Vatican condemned the awarding of the 2010 Nobel Prize for medicine to IVF pioneer Robert Edwards, triggered an unusually sharp response from lawmakers who say the clergy should not meddle in politics. (Photo: A cloned human embryo, created at the Centre for Life in Newcastle upon Tyne, England, 19 May 2005/handout)

“The in vitro method comes at great human cost. To give birth to one child … many humans suffer death at different stages of the medical process,” said the letter, a copy of which was obtained by Reuters on Tuesday.