Occasional thoughts of an Anglican Episcopal priest

Category: Law (Page 8 of 13)

Following Our Own Devices Doesn’t Work – From the Daily Office – July 12, 2014

From the Letter to the Romans:

Of Israel he says, “All day long I have held out my hands to a disobedient and contrary people.”

(From the Daily Office Lectionary – Romans 10:21 (NRSV) – July 12, 2014)

Israeli Security Barricade in BethlehemPaul quotes Isaiah here. His translation was obviously rather different from the rendering in the New Revised Standard Version, but the meaning is the same: “I held out my hands all day long to a rebellious people, who walk in a way that is not good, following their own devices.” (Isa 65:2)

The point cannot be made strongly enough nor forcefully enough nor clearly enough that the modern nation-state of Israel is not the biblical people of Israel, and yet these words of condemnation can be fully understood to apply to the modern country.

Having spent two weeks in the Holy Land, I’ve seen what the nation of Israel is doing to the Palestinian people, and I can fully understand (if not entirely sympathize with) the anger and frustration that have overflowed into violence. I understand the intifadas.

I have walked beside the tall, concrete, barbed-wire-topped, machine-gun-equipped, guard-tower-punctuated, grafitti-defaced wall that Israel has built through the Palestinian homeland. Israel calls it a “security barricade,” and its defenders like to point out that many stretches of it are “simply a fence” (a barbed-wire and chain-link fence, one notes). Whatever one calls it, it has ghettoized Palestinians (both Muslims and Christians), created what are essentially “reservations” of Arabs (not unlike the reservations the United States created for Native Americans), and separated people from their loved ones and their livelihoods (many farmers, herd and flock owners, and orchard owners have been cut off from and denied access to their fields, their pastures, and their orchards). Those who build such things “walk in a way that is not good” and “follow their own devices.”

The barricade is just one part of a much larger social program of oppression being practiced by the Israelis against the original inhabitants of the land they moved onto in 1948 and the lands they have occupied since 1967: poor schools, inadequate social services, intermittent (or non-existent) provision of utilities, segregation, creation of high quality roads on which it is illegal for Palestinians to travel through their own country, denial of import and export rights to Palestinian business, and the list could go on.

Why? As I listened to Israeli Jews defend this state of affairs, the bottom-line justification always seems to come back to the Holocaust. “Never again,” they say. And what they seem to mean is, “Never again to us . . . so we do it to someone else.” That’s what it is, a paying forward of bad stuff, really truly awful stuff!, done to them. When it was done to them, it was the paying forward of bad stuff done to Germany in the aftermath of the First World War. When it was done to Germany, it was a paying forward of bad stuff done to other Europeans. And one could probably trace it all back and back and back to first bad stuff done by someone to someone.

Will it stop here? If (as an Israeli commander is recently quoted as saying) the Israelis “wipe out” people seen as “enemies of God” (they aren’t, by the way) will it end? No, obviously not. Genocide has been tried before and it doesn’t work. No people can “wipe out” another, and in the current context that is painfully obvious. The Palestinian diaspora will still be there and eventually they would pay it back to Israel or pay it forward to someone else.

It will only stop, it will only end if all the people of God, all the children of Abraham — Jewish, Muslim, and Christian — can come together as equals and agree to stop it. So long as we rely on our own devices, so long as we are contrary and disobedient the conflict and the killing will go on. Only by relying on the faithfulness of God can this horror be brought to an end. As the last of today’s evening Psalms says:

Praise the Lord, all you nations;
laud him, all you peoples.
For his loving-kindness toward us is great,
and the faithfulness of the Lord endures for ever.
Hallelujah!
(Ps 117, BCP Version)

Following our own devices doesn’t and won’t work. Only relying on God’s faithfulness can and will.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Sometimes I Don’t Understand Paul – From the Daily Office – June 25, 2014

From the Letter to the Romans:

For the promise that he would inherit the world did not come to Abraham or to his descendants through the law but through the righteousness of faith. If it is the adherents of the law who are to be the heirs, faith is null and the promise is void. For the law brings wrath; but where there is no law, neither is there violation.

(From the Daily Office Lectionary – Romans 4:13-15 (NRSV) – June 25, 2014)

Law of Gravity Strictly EnforcedSometimes I just don’t understand Paul.

I have read this Letter to the Romans on many occasions and when I get to this part of Paul’s theological argument, I get lost. I don’t know what he means by “where there is no law.” He seems to be suggesting that, because the Law of Moses had not yet been given when Abraham responded faithfully to God, Abraham’s righteousness is somehow superior to that of someone who is bound by the Law. But I don’t buy the premise that there is a time when there is “no law.”

I’m a lawyer and I believe in the “natural law” concept of law. I believe that there is a pre-existing law knowable to human beings exercising natural reason. It pre-exists human conventions and divine-human covenants, and is not dependent on them for its authority. It depends instead on the logical relationship in which it stands to an objective morality, and provides natural, objective standards of behavior. So, as far as I can tell, there is no time or place “where there is no law.”

St. Thomas Aquinas distinguished four kinds of law: (a) eternal law; (b) natural law; (c) human law; and (d) divine law. He called eternal law those things necessary for the natural order of the universe; what today we might call “the laws of nature,” the laws of physics, chemistry, etc. Natural laws, which can be thought of as the moral subset of the eternal laws, are objective laws discernible by human reason. Human laws are subjective, dependent upon social convention. Divine laws are those revealed by God and which human beings cannot discover on their own. Is following and living in accord with this pre-existent natural law (type “b”), which human beings have a natural faculty to discern, what Paul is calling “the righteousness of faith”?

If, as Aquinas argued, the natural laws are those moral “rules” of the eternal law governing the behavior of beings possessing reason and free will, then Abraham’s “righteousness of faith” must be living in accord with them, which means that “righteousness” is an active principal of human existence. So Abraham was righteous in that he discerned and followed the natural laws discernible by human reason. He was not righteous, as Paul suggests, separate and apart from any law. In fact, such righteousness would be impossible; to speak of righteousness in the absence of law is oxymoronic. So I don’t know what Paul means by “where there is no law.”

One could also argue that Abraham was also righteous in that he obeyed God’s instruction to depart his homeland and set out for the Promised Land . . . and I wonder how this (obeying God’s directions) is not “following the law.” How is a direct command from the Almighty not equivalent to the Law given at Sinai? So, again, I don’t know what Paul means by “where there is no law.”

Sometimes I just don’t understand Paul. Today is one of them.

[Today I am traveling — headed for Israel and Palestine on pilgrimage. This blog will become travel commentary for the next several days. Hopefully, I’ll have necessary connections and time to post photographs and remarks.]

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Handwriting – From the Daily Office – June 14, 2014

From the Letter to the Galatians:

See what large letters I make when I am writing in my own hand!

(From the Daily Office Lectionary – Galatians 6:11 (NRSV) – June 14, 2014)

Writing HandI sort of remember something from New Testament class at seminary that Paul would compose his letters by dictation to a secretary and then add greetings in his own handwriting. What I can’t remember is whether this verse (which seems such a strange intrusion into the text of the letter to the Galatians) in which he comments on the quality of his penmanship is taken by scholars to be proof of genuine Pauline authorship or as evidence that the letter wasn’t truly written by him. I know it’s one or the other. Whatever . . . it’s in the accepted canon of the New Testament.

When I was a kid I remember that one of the attractions at county fairs in the Kansas town where my grandparents lived was a handwriting analysis booth. You would write out in cursive something like “The quick brown fox jumped over the lazy white dog” or “She sells sea shells by the sea shore” and then sign your name. The graphologist (as the analyst was called) would then tell you about your character traits and sometimes predict your future.

I always wanted to have my handwriting analyzed but my grandfather, who was a Palmer method penmanship instructor, would never allow it. He did, however, insist that his grandchildren learn proper cursive penmanship so in addition to going to the fair each summer we also had to practice writing things out and making evenly sized, evenly spaced letters and loops. His handwriting was beautiful, rather more Spencerian than Palmer; mine, while passable, never achieved the fluid beauty of his.

As an adult just finished with college and then a 12-week summer course in paralegal studies, I went to work for a law firm in Las Vegas, Nevada. The firm was then providing office space and occasionally support personnel for the attorneys trying to prove the validity of the so-called “Mormon will,” the alleged handwritten testament of Howard Hughes. From time to time I would be called on to deliver documents to their off-site location elsewhere in Las Vegas and, each time I was there, the lead attorney would delight in showing me the latest in their analysts’ charts and comparisons of the will to other exemplars of Hughes’s handwriting.

All of those things come to mind whenever I read Paul’s comments about this handwriting. (Although he doesn’t comment on the quality of his penmanship, he also makes note of a greeting being “in my own hand” in the first letter to Corinth. 1 Cor 16:21)

Handwriting is a lost art. Some schools have even discontinued instruction in cursive penmanship. I think there’s something sad about that. While what is written is clearly of more import than how it is written — the same thoughts will be conveyed whether written out, lettered, typewritten, or recorded by some electronic method — there is (as the county fair graphologists insisted) a personality to cursive penmanship. There is an investment of one’s self in the handwritten text. Time must be taken and care invested in what is written.

When I finally entered into law practice as an attorney several years after those days of running errands for the Mormon will lawyers, I got into the habit of handwriting the initial drafts of my court briefs and legal arguments. I found I could work with blocks of text, with aggregations of ideas, with turns of phrase and different phrasing more effectively by doing so. Today, when I make my feeble attempts to write poetry, I work initially with pen and paper. I find the act of writing my thoughts and images out makes them somehow more malleable than when they are simply input to the computer screen (as I am now “writing”).

Handwriting and hand-lettering were the means of transmission of information — of data, of lore, of stories, of sacred language, of everything — for millennia until the late 19th Century and the invention of the typewriter. Today, inspired by Paul’s commentary on his penmanship, I give thanks for the untold number of scribes who wrote down their own words or those of others, for Paul with his large letters and for Tertius who took his dictation (Rom 16:22), for monks and other calligraphers who copied holy texts, for poets and story tellers who played with words with pen and ink, and for my grandfather who taught me to value the English word written with the human hand.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Let the Psalms Do It – From the Daily Office – May 28, 2014

From the Book of Psalms:

Go away from me, you evildoers,
that I may keep the commandments of my God.
— Psalm 119:115 (NRSV)

O that my people would listen to me,
that Israel would walk in my ways!
— Psalm 81:13 (NRSV)

Give justice to the weak and the orphan;
maintain the right of the lowly and the destitute.
Rescue the weak and the needy;
deliver them from the hand of the wicked.
— Psalm 82:3-4 (NRSV)

(From the Daily Office Lectionary – Morning & Evening Psalms – May 28, 2014)

Empty Arched SpaceTwo years ago I wrote a meditation on First Timothy on this blog about our need to pray for our political leadership, especially those with whom we disagree; yesterday, I repeated that same reflection. Really, our need is to pray for everyone, including those we really don’t want to pray for: “Love your enemies and pray for those who persecute you.” (Mt 5:44) I believe that, I really do.

Since the first publication of that reflection in May, 2012, there have been nine mass shootings in this country, including the Sandy Hook tragedy in Newtown, Connecticut, and this week’s killings near UC Santa Barbara in Isla Vista, California:

“Seven people are dead, including a suspect, and seven people are wounded following a series of shootings in Isla Vista. The identities of those who were killed are not being released until next of kin notifications are made. Of the seven people in the hospital, all are being treated for gunshot wounds or traumatic injuries and at least one of the victims has undergone surgery.” — Santa Barbara, California, Sheriff’s Office press release, May 24, 2014

After the UCSB deaths, this father spoke out:

“Why did Chris die? Chris died because of craven, irresponsible politicians and the N.R.A. They talk about gun rights. What about Chris’s right to live? When will this insanity stop? When will enough people say, ‘Stop this madness; we don’t have to live like this?’ Too many have died. We should say to ourselves: not one more.” — Richard Martinez, father of Christopher Martinez, one of the Isla Vista decedents

And these gun-rights advocates responded:

“No idea how my son will die, but I know it won’t be cowering like a bitch at UC Santa Barbara. Any son of mine would have been shooting back.” — Todd Kincannon, North Carolina Tea Party activist, known for thoughtless tweets like this one

“[Y]our dead kids don’t trump my Constitutional rights.” — Samuel Wurzelbacher a/k/a “Joe the Plumber,” brought to national attention during the 2012 presidential campaign

And I wrote this on Facebook (after reading Wurzelbacher’s open letter):

“Between this (and that Kincannon person characterizing the Isla Vista victims as ‘cowering bitches’) we see the moral depravity, the ethical bankruptcy, and the just-plain vileness of those who have elevated the misconstrual of the Second Amendment’s provision of a right to bear arms above all other rights and laws.”

And The Onion published this biting satire:

“ISLA VISTA, CA—In the days following a violent rampage in southern California in which a lone attacker killed seven individuals, including himself, and seriously injured over a dozen others, citizens living in the only country where this kind of mass killing routinely occurs reportedly concluded Tuesday that there was no way to prevent the massacre from taking place. ‘This was a terrible tragedy, but sometimes these things just happen and there’s nothing anyone can do to stop them,’ said North Carolina resident Samuel Wipper, echoing sentiments expressed by tens of millions of individuals who reside in a nation where over half of the world’s deadliest mass shootings have occurred in the past 50 years and whose citizens are 20 times more likely to die of gun violence than those of other developed nations. ‘It’s a shame, but what can we do? There really wasn’t anything that was going to keep this guy from snapping and killing a lot of people if that’s what he really wanted.’ At press time, residents of the only economically advanced nation in the world where roughly two mass shootings have occurred every month for the past five years were referring to themselves and their situation as ‘helpless.’”

I really, really believe in the power of prayer. I really, really believe that we are to pray for those who do wrong. I really, really believe we should pray for those we don’t want to pray for. I really, really believe that we are to pray for our leaders, even when we disagree with them and even when they are failing to lead, failing to protect the people, failing to take action that is needed.

But today I’m finding really, really hard to do that. So I’ll let today’s psalms do it for me.

Let the psalms do it.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

The Monday of a Three-Day Weekend – From the Daily Office – May 30, 2014

From the Book of Leviticus:

They shall compute with the purchaser the total from the year when they sold themselves to the alien until the jubilee year; the price of the sale shall be applied to the number of years: the time they were with the owner shall be rated as the time of a hired laborer.

(From the Daily Office Lectionary – Leviticus 25:50 (NRSV) – May 26, 2014)

German war cemetery, Neuville-St-Vaast, Pas-de-Calais Copyright David CrosslandToday is Memorial Day according to the calendar: in my mind, it’s really not, it’s just the Monday “holiday” that replaced Memorial Day which ought to be on Friday of this week. Yes, in that regard, I’m a traditionalist; I don’t hold with the change made by Federal law back when I was in college, a change that moved Memorial Day and a couple of other significant civil holidays (Washington’s birthday, for example) from their real dates to a variable Monday, creating “three-day weekends”.

As a student, of course, I thought that creating three-day weekends was a great idea, but as I’ve grown older I think back to fond memories of May 30th Memorial Days with my mother tending my father’s grave, days that were a disruption in the normal flow of everyday life, days that jarred us into awareness, days that forced us to recollect his military service and the sacrifices he and his comrades had made. The Monday of a three-day weekend doesn’t do that.

We have lost something, and what I think it is is the dissonance of that interruption and awareness that it brings. When Memorial Day fell whenever it would, forcing us in the middle of the week to take time from work and school or on a Saturday disrupting our weekend gardening or sporting events, we took notice. The Monday of a three-day weekend doesn’t do that.

The Episcopal Church doesn’t have special lessons for the commemoration of Memorial Day; this is a secular holiday, not a religious one. So when we sit down to offer our prayers in formal worship on this day this year we have three choices: the Daily Office lessons for Monday in the sixth week of Easter; the daily Eucharistic lectionary; or the lessons for the commemoration of St. Augustine of Canterbury. (In another year on another date, these options would change.) None of these offer anything one could count as particularly appropriate to the day, but I am struck by how grossly inappropriate the Levitical discussion of slavery and the redemption of slaves is . . . grossly inappropriate and yet very instructive.

One cannot deny that the Bible approves of slavery, however that evil may be embodied in a culture. Although slavery as practiced by the Hebrews was different from that of the Roman Empire and both were very different from that practiced in the American South before the Civil War, Holy Scripture was easily used to justify an inhumane practice. What was ignored in American slavery was the Bible’s insistence that slaves be treated fairly, that they or their kin be able to redeem them, and that the price of redemption be just. That’s what today’s Old Testament reading is all about, setting a redemption price that would be just and equitable.

I suppose, if I were more of a historian, my meditations on the relationship between this text and Memorial Day might have focused on the fact that the holiday’s historical origins are found in the aftermath of the American Civil War and the abolition of slavery in this country. There might be some appropriate and instructive linkage between this discussion of a reasonable price to free a slave and the horribly unreasonable cost of thousands of soldiers’ lives to free the American slaves. But I’m not that much of a historian and my initial thoughts on reading the text were more personal: I remembered those Memorial Days with Mom at my father’s grave, those special disruptions in our day-to-day lives and I wondered about the cost of moving the holiday from a set date to a variable Monday.

It seems to me that, in one sense, the alteration in the holiday has exacted too high a price and in another has cheapened the remembrance. The high price paid is in our forgetfulness and its consequences. That the day has become just another Monday of a three-day weekend, a day for gardening and sporting events and picnics, helps us to forget — or more accurately, encourages us to not remember — the horrors of war and the sacrifices of those who fight, are wounded, and die. Forgetting — or not remembering — the unjust and inequitable price of past wars, we are more willing to send our young men and women into another one.

The change also cheapens our loved ones’ loss. My father was badly wounded in France in World War II: shrapnel nearly destroyed his right leg. Surgeons were able to save it and, after more than a year of rehabilitation and therapy, he was able to walk, but I never knew him not to walk without a painful and pronounced limp. I suspect that that pain was one reason he drank to excess, self-medicating himself into numbness, oblivion, and eventually an early death; another was probably what he witnessed around him on the battlefield. A day of remembrance barging into and making a mess of our daily lives is not a high price to pay to remember the sacrifice he made and the larger sacrifices made by those who died in battle. The Monday of a three-day weekend doesn’t do that. It’s too easy; it’s cheap. And to me, the son of veteran who paid much too high a price, it’s offensive.

The Law of Moses may have approved of slavery, but it didn’t cheapen human lives. It insisted that the price of a human being be justly and equitably determined. The Monday of a three-day weekend doesn’t do that.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Memorial Day at Church – Sermon for the Sixth Sunday of Easter (May 26, 2014)

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On the Sixth Sunday of Easter, May 25, 2014, this sermon was offered to the people of St. Paul’s Episcopal Church, Medina, Ohio, where Fr. Funston is rector.

(The lessons for the day were: Acts 17:22-31; Psalm 66:7-18; 1 Peter 3:13-22; and John 14:15-21. These lessons can be read at The Lectionary Page.)

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Memorial Day Cemetery FlagsI’m going to do something I have never done before! I’m going to read someone else’s sermon. While I was pondering these lessons, doing the usual research, and thinking about what to say, I came upon a superb sermon preached on Memorial Day weekend three years ago when, as today, the lesson from Acts was the story of St. Paul preaching at the Areopagus. The preacher was the Rev. Kurt Wiesner who is the rector of All Saints Episcopal Church in Littleton, New Hampshire, and whom many of us remember from his tenure as curate at our own Trinity Cathedral. This is what Kurt had to say and I earnestly commend his thoughts to you:

[The sermon as originally posted on the internet can be found on Fr. Wiesner’s blog One Step Closer: Religion & Popular Culture.]

Memorial Day in Church — (A sermon preached Sunday of Memorial Day Weekend, 5/29/2011)

Contrary to the assumptions of many, Memorial Day is not officially a celebration of the church. Unlike Independence Day and Thanksgiving Day (both which I have talked about in the past), it is not on our church calendar, and there is no prayer in our Prayerbook to mark this day. It did not come from the church, nor was it formally adopted by it.

Robert Bellah writes that sociologists have suggested that America has a secular “civil religion” –- one with no association with any religious denomination or viewpoint –- that has incorporated Memorial Day as a sacred event. Our American tradition includes an obligation to honor the sacrifices made by our nation to earn our freedom. With the Civil War, a new theme of death, sacrifice and rebirth enters the civil religion. Memorial Day gave ritual expression to these themes, integrating the local community into a sense of nationalism. The American civil religion in contrast to that of France was never anticlerical or militantly secular; in contrast to Britain it was not tied to a specific denomination like the Church of England. Instead, Americans borrowed selectively from different religious traditions in such a way that the average American saw no conflict between the two, thus mobilizing deep levels of personal motivation for the attainment of national goals. (Civil Religion in America, by Robert Bellah, 1967. Used by Wikipedia)

This cannot completely explain why the church has not officially adopted Memorial Day: after all, the church has taken and adapted plenty of public events and celebrations in the past. Perhaps it’s only a matter of time. Then again, one could argue that every day is a Memorial Day in the church.
Regardless, this morning I want to share with you some Memorial Day history, which comes mostly from the Wikipedia Memorial Day entry:

Our tradition of Memorial Day comes from the time after the Civil War, honoring the soldiers who had died by decorating their graves with flags or flowers. By 1865 the practice of decorating soldiers’ graves had become widespread in the North. The first known observance was in Boalsburg, Pennsylvania, on October, 1864, and each year thereafter. Similar events followed around the northern states on various scales.

In Charleston, South Carolina, in 1865, freed enslaved Africans celebrated at the Washington Race Course, today the location of Hampton Park. The site had been used as a temporary Confederate prison camp for captured Union soldiers in 1865, as well as a mass grave for Union soldiers who died there. Immediately after the cessation of hostilities, freedmen exhumed the bodies from the mass grave and reinterred them in individual graves. They built a fence around the graveyard with an entry arch and declared it a Union graveyard. On May 1, 1865, a crowd of up to ten thousand, mainly black residents, including 2800 children, proceeded to the location for events that included sermons, singing, and a picnic on the ground.

Beginning in 1866 the southern states had their own Memorial Days. The earliest Confederate Memorial Day celebrations were simple, somber occasions for veterans and their families to honor the day and attend to local cemeteries.

General John A. Logan may be most responsible for growth of a particular holiday. On May 5, 1868, in his capacity as commander-in-chief of the Grand Army of the Republic -– the organization for Northern Civil War veterans -– Logan issued a proclamation that “Decoration Day” should be observed nationwide. It was observed for the first time on May 30 of the same year; the date was chosen because it was not the anniversary of a battle.

There were events in 183 cemeteries in 27 states in 1868, and 336 in 1869. The northern states quickly adopted the holiday; Michigan made “Decoration Day” an official state holiday in 1871 and by 1890 every northern state followed suit. The ceremonies were sponsored by the Women’s Relief Corps, which had 100,000 members.

The Decoration Day speech became an occasion for veterans, politicians and ministers to commemorate the war -– and at first to recall the atrocities of the enemy. They mixed religion and celebratory nationalism and provided a means for the people to make sense of their history in terms of sacrifice for a better nation, one closer to their God. People of all religious beliefs joined together, and the point was often made that the German and Irish soldiers had become true Americans in the “baptism of blood” on the battlefield.

By the end of the 1870s the rancor was gone and the speeches praised the soldiers of both the Union and Confederacy. In 1882, the name of Decoration Day was formally changed to Memorial Day in “memory” and ‘honor” of those who gave their lives fighting for a common cause, America.

This name, however, did not become more common until after World War II and was not declared the official name by Federal law until 1967.

Many Americans observe Memorial Day by visiting cemeteries and memorials. A national moment of remembrance takes place at 3 p.m. local time. Another tradition is to fly the flag of the United States at half-staff from dawn until noon local time. The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all. The National Memorial Day Concert takes place on the west lawn of the United States Capitol the Sunday before Memorial Day. The concert is broadcast on PBS and NPR. Music is performed, and respect is paid to the men and women who died in war.

There have, however, been a number of the historical problems concerning Memorial Day. Many of the celebrations have included a demonization of whatever is the perceived other side: not just concerning the Civil War, but the world conflicts that have followed. Certain ideologies have upended Memorial Day at different times. Continuing from Wikipedia:

In many southern locations in the 1890s from the consolatory emphasis of honoring soldiers to public commemoration of the Confederate “Lost Cause”. Changes in the ceremony’s hymns and speeches reflect an evolution of the ritual into a symbol of cultural renewal and conservatism in the South.
By the 1950s, the theme of Memorial Day had become more geared towards American exceptionalism and understood duty to uphold freedom in the world.

There have also been challenges beyond nationalism. The tradition has become permanently linked to sporting events. One of the longest-standing traditions is the running of the Indianapolis 500, the auto race has been held in conjunction with Memorial Day since 1911, run on the Sunday preceding the Memorial Day holiday. The Coca-Cola 600 stock car race has been held later the same day since 1961. The Memorial Tournament golf event has been held on or close to the Memorial Day weekend since 1976.

On June 28, 1968, the Congress passed the Uniform Holidays Bill which moved three holidays from their traditional dates to a specified Monday in order to create a convenient three-day weekend. The holidays included Washington’s Birthday, Veterans Day, and Memorial Day. The change moved Memorial Day from its traditional May 30 date to the last Monday in May. The law took effect at the federal level in 1971. This change is still controversial. The VFW stated in a 2002 Memorial Day Address:

Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed a lot to the general public’s nonchalant observance of Memorial Day. (David Mechant, April 28, 2007, “Memorial Day History”, in the Wikipedia entry)

While the actual significance of the original date is debatable, it is pretty clear that Memorial Day Weekend’s role as the unofficial start of summer has come to dominate the observance. And I don’t think it’s a stretch to say that, in the vocabulary of many, the phrase “Memorial Day” include the word “sale.”

As I said at the beginning, Memorial Day is not officially a day marked by the Episcopal Church. Certainly remembering those who have given their lives in service is appropriate for church communities to do, and explains why plenty of individual churches celebrate the day.

Perhaps some of what the church has to offer Memorial Day can be found in Paul’s insightful preaching in the Book of Acts this morning (Acts 17:22-31). Paul observes the many religious practices of the Athenians. He does not spend it time condemning what is wrong with their practice. Instead, he lifts up the Athenians pursuit of religious understanding, and building on their creativity and passion, preaches about God “…in whom we live and move and have our being”. (Acts 17:28)

Perhaps it is the role of the church to not only help remember what is good in Memorial Day … honoring those who died in service to their country … but to also lift up the day as something more: articulating a vision of a world that so values peoples’ lives as dwelling in God, that violence towards others becomes unacceptable.

Perhaps this is why I find the [hymn from the United Methodist Hymnal], A Song of Peace, so appropriate:

This is my song, O God of all the nations,
A song of peace for lands afar and mine;
This is my home, the country where my heart is;
Here are my hopes, my dreams, my holy shrine:
But other hearts in other lands are beating
With hopes and dreams as true and high as mine.

My country’s skies are bluer than the ocean,
And sunlight beams on clover leaf and pine;
But other lands have sunlight too, and clover,
And skies are everywhere as blue as mine;
O, hear my song, Thou God of all the nations,
A song of peace for their land and for mine.

This is my song, O God of all the nations,
A song of peace for (people) in every place;
And yet I pray for my beloved country
The reassurance of continued grace:
Lord, help us find our oneness in the Savior,
In spite of differences of age and race.
[From the United Methodist Hymnal (Stanzas 1 & 2 by Lloyd Stone, Stanza 3 by Georgia Harkness)]

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That is Kurt’s sermon…. to which I want to add just a brief postscript, beginning with a personal story:

From 1972 to 1974, I was the youth minister at St. Peter’s Episcopal Church in Del Mar, California, where Fr. Tally Jarrett, a former military chaplain who had served in Germany, was the rector. Fr. Tally had absolutely no musical talent or skill, and seldom used hymns in his sermons, so (unlike me) he did not select the hymns for worship; he left that up to the Choir Director. (I select the hymns, but I leave the selection of preludes, postludes, voluntaries, and anthems up to Bertie.)

One Sunday we had a guest preacher, the local Reformed Jewish rabbi, and I was on the schedule as the chalice bearer for the service. As we lined up in the back of the church for the procession, the organist struck the opening notes of the first hymn, Glorious Things of Thee Are Spoken. The words were written by John Newman, the same man who wrote Amazing Grace, but the hymn is set to the tune Austria by Franz Joseph Haydn. That tune is also the music for Das Lied der Deutschen, the German national anthem. Fr. Tally heard that tune start up, looked at the rabbi, and turned beet red with embarrassment; the rabbi just laughed and said, “Don’t worry about it! It’s a lovely tune.”

Thursday evening I was here in the church and heard the choir practicing their anthem . . . which turns out to be a choral arrangement of that hymn. I chuckled remembering that Sunday morning back in Del Mar and it occurred to me how similar to that event the singing of that tune, the melody of the national anthem of our sworn World War II enemy, on Memorial Day is. Some of us who fought against Germany in WW2 ourselves or whose fathers fought in that theatre, as did mine, might find it odd to do so. I find it particularly appropriate; a reminder that we have gotten past that conflict and that our former enemy is now our ally.

I would ask you to pay particular attention to the final verse that the choir will sing:

Savior, since of Zion’s city
I through grace a member am,
Let the world deride or pity,
I will glory in your name.
Fading are the worldlings’ pleasures
All their boasted pomp and show;
Solid joys and lasting treasures
None but Zion’s children know.

This, as Fr. Wiesner suggested, is what the church can lift up and articulate on Memorial Day, a “vision of a world that so values peoples’ lives as dwelling in God, that violence towards others becomes unacceptable,” a vision of a world in which all can enjoy the “solid joys and lasting treasures” of peace and good will.

Let us pray:

O Judge of the nations, we remember before you with grateful hearts the men and women of our country who in the day of decision ventured much for the liberties we now enjoy. Grant that we may not rest until all the people of this and every land share the benefits of true freedom and gladly accept its disciplines. This we ask in the Name of Jesus Christ our Lord. Amen.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

So Many Martyrs – Sermon for the Fifth Sunday of Easter, RCL Year A – May 18, 2014

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This sermon was preached on the Fifth Sunday of Easter, May 18, 2014, at St. Paul’s Episcopal Church, Medina, Ohio, where Fr. Funston is rector.

(The lessons for the day were: Acts 7:55-60; Psalm 31:1-5,15-16; 1 Peter 2:2-10; and John 14:1-14 . These lessons can be read at The Lectionary Page.)

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Lynching of Jesse WashingtonDoes the name “Jesse Washington” mean anything to you? It’s unlikely that it does. If I tell you that Jesse Washington died in 1916 in Waco, Texas, would that spark any memory? Have you ever been taught about the incident in which Washington was killed? Have you ever heard of what came to be called “The Waco Horror?”

Probably not. It’s not one of the incidents of American history that gets regularly taught in our schools. If I hadn’t taken a course in African American history when I was a college sophomore in 1970, I wouldn’t know anything about the death of Jesse Washington on May 15, 1916. It’s not the sort of story that makes a white person comfortable. But I do know about it, and the fact that its anniversary falls during the week when I was preparing a sermon on, among other passages from Scripture, Luke’s description of the martyrdom of Stephen in the Book of Acts struck me as significant. Both Stephen and Jesse Washington were murdered by mobs because they were different.

Jesse Washington was a 17-year-old African American farmhand. On May 8, 1916, he was accused of raping and murdering Lucy Fryer, the wife of his white employer in Robinson, Texas, not far from Waco. Jesse and his entire family (his parents and a brother) were questioned; the others were released, but Jesse was not. He was taken to Dallas, where he eventually signed a confession which some legal historians believed was coerced. There was little, if any, evidence that he was actually guilty.

Washington was tried for murder in Waco, in a courtroom filled with locals who had been provoked by local newspaper reports which included lurid, and demonstrably false, details about the crime. His defense counsel entered a guilty plea and Washington was quickly sentenced to death, but he had no opportunity to appeal.

After his sentence was pronounced, the teenager was dragged out of the courtroom and lynched in front of city hall. Over 10,000 spectators, including city officials and police, gathered to watch. Members of the mob castrated the boy, cut off his fingers, and hung him (still alive) over a bonfire. He was repeatedly lowered into the fire and raised again to prolong his agony and death. After he finally succumbed, the fire was extinguished and Jesse Washington’s charred torso was dragged through the town; parts of his body were actually sold as souvenirs. A professional photographer took pictures as the lynching progressed; these were printed and sold as postcards in Waco.

As a Christian society, we remember Stephen as the first Christian martyr and as a hero of our faith; his is a unique story told in the Book of Acts. As a Christian society, we don’t remember Jesse Washington, at all; he’s just one of thousands who were lynched. Historical reports indicate that between 1882 and 1968 there were over 4,700 lynchings in the United States. One history text estimates that between 1882 and 1930 in America at least one black person was lynched every week. (Tolnay, S., & E.M. Beck, A Festival of Violence, University of Illinois Press, 1992, p. ix) We know the numbers, but we don’t know their names.

We Americans, however, aren’t even in the minor leagues when it comes to martyring people for being different. Writing about Stephen’s death, Professor Daniel Clendenin reminds us that there have been so many more martyrs, that martyrdom is not ancient history. It is a very contemporary and present reality:

Millions more have been martyred for reasons other than religion — for their ethnicity (Jews, Armenians, Tutsis), for economic ideology (farmers, land holders), social prejudice (intellectuals, artists), race (American blacks), and gender (women around the world like the inspirational Malala Yousafzai of Pakistan).

Christians are just one group among many that honors their martyrs. Very few times, places or peoples have been spared mass murder.
If you can bear to read it, I recommend the book by Daniel Jonah Goldhagen, Worse Than War; Genocide, Eliminationism, and the Ongoing Assault on Humanity (2009). Goldhagen estimates that between 127–175 million people were “eliminated” in the last century.

These people came from all regions of the world, and from all social, economic and political groups. The vast majority of these victims were killed in their own countries, by their fellow citizens, by willing and non-coerced murderers, and almost never with any substantial dissent. Eliminationism is thus “worse than war.”

The numbers are mind-numbing, and therein lies our challenge. They bring to mind the infamous remark by [Joseph] Stalin in 1947 about the famine in Ukraine that was killing millions: “If only one man dies of hunger, that is a tragedy. If millions die, that’s only statistics.” (The Stoning of Stephen)

Clendenin concludes, “The martyrdom of Stephen disabuses us of a sentimental gospel. It roots us in the real world of industrial scale slaughter. The one man Stephen helps us to remember the individual humanity of the millions of people we might otherwise forget.”

Now I want to draw our attention away from mass murder and martyrdom, and focus instead, for a moment, on one another. I’d like you for just a few seconds to look around the room, and just take note of who and what you see here. (A short, silent pause)

What did you see? A bunch of living stones? The members of a holy priesthood? A chosen race? A royal priesthood? A people chosen and named by God? This is what Peter says we should see, the building material for a spiritual house, eternal in the heavens, not made with hands, that mansion in which there are many rooms where Jesus assures his disciples there is a place for all of us. But is that how we see one another?

Philip asked Jesus to show them the Father and Jesus replied, “Have I been with you all this time, Philip, and you still do not know me? Whoever has seen me has seen the Father. How can you say, ‘Show us the Father’?” I sometimes wonder if Jesus’ answer would perhaps have been different if Philip had asked, “Show us God.”

In the creation story in the first chapter of Genesis we are told, “God created humankind in his image, in the image of God he created them; male and female he created them.” (Gen 1:27) If Philip had asked Jesus, “Show us God,” might Jesus not have said, “Look around you, Philip.” Archbishop Desmond Tutu is fond of reminding people of those words from Genesis and suggesting that we should genuflect to one another! In a paper entitled Religious Human Rights and the Bible, he wrote:

The life of every human person is inviolable as a gift from God. And since this person is created in the image of God and is a God carrier a second consequence would be that we should not just respect such a person but that we should have a deep reverence for that person. The New Testament claims that the Christian person becomes a sanctuary, a temple of the Holy Spirit, someone who is indwelt by the most holy and blessed Trinity. We would want to assert this of all human beings. We should not just greet one another. We should strictly genuflect before such an august and precious creature. The Buddhist is correct in bowing profoundly before another human as the God in me acknowledges and greets the God in you. This preciousness, this infinite worth is intrinsic to who we all are and is inalienable as a gift from God to be acknowledged as an inalienable right of all human persons. (Emory International Law Review, Vol. 10 (1996): 63-68)

Which brings me back to Stephen and Jesse Washington, and to a strange little short story by the author Shirley Hardie Jackson entitled The Lottery that was first published in The New Yorker in June, 1948.

Set in a small, contemporary American town, a small village of about 300 residents, the story concerns an annual ritual known as “the lottery” which is practiced to ensure a good harvest; one character quotes an old proverb, “Lottery in June, corn be heavy soon.” As the story opens, the locals are excited but a bit anxious on the eve of the lottery. Children are gathering stones as Mr. Summers and Mr. Graves make the paper slips for the drawing and draw up a list of all the families in town.

When they finish the slips and the list, the men put them into a black box, which is locked up in the safe at a local coal company. The next morning the townspeople gather at 10 a.m. in order to have everything done in time for lunch. First, the eldest male of each family in town draws a slip; there’s one for every household. Bill Hutchinson gets the one slip with a black spot, meaning that his family has been chosen. In the next round, each member of the Hutchinson family draws a slip, and Bill’s wife Tessie gets the black spot. Each villager then picks up a stone and they surround Tessie, and the story ends as Mrs. Hutchinson is stoned to death while the paper slips are allowed to fly off in the wind.

Shortly after it was published, Ms. Jackson said of her story that she had hoped that by setting the particularly brutal ancient rite of stoning (the same thing that was done to Stephen) in the present she would shock her readers with “a graphic dramatization of the pointless violence and general inhumanity in [our] own lives.” (San Francisco Chronicle, July 22, 1948.) Her story suggests that we human beings are more capable of honoring our rituals and our preconceptions than we are of honoring one another.

I think the true stories of Stephen of Jerusalem, of Jesse Washington of Waco, Texas, and of those millions of martyrs who have been “eliminated” amply demonstrate that she was right. Not only are we more capable of honoring our rituals and prejudices that we of honoring one another, we are demonstrably willing to murder one another to protect them.

We are because when we look around at our fellow human beings we do not see one another as divine; we do not see living stones; we do not see members of a royal priesthood. Blinded, or perhaps just numbed, by familiar ritual, by preconception, by the simple human need to conform, we do not appreciate one another as fellow citizens of a holy nation, “chosen and precious in God’s sight,” as bearing the image of God.

“Have I been with you all this time, Philip, and you still do not know me?” Jesus asked. I’m not the least bit surprised in Philip, however; we human beings, made in the image of God, have been with each other for a long, long time, and we still do not know each other. Dr. Clendenin suggested that the martyrdom of Stephen helps us to remember the individual humanity of the millions of unnamed martyrs we might otherwise forget; may it also help us to remember the divinity of each of them and of each other.

Let us pray:

O God, you made us in your own image and redeemed us through Jesus your Son: Look with compassion on the whole human family; take away the arrogance and hatred which infect our hearts; break down the walls that separate us; unite us in bonds of love; and work through our struggle and confusion to accomplish your purposes on earth; that, in your good time, all nations and races may serve you in harmony around your heavenly throne; through Jesus Christ our Lord. Amen. (For the Human Family, Book of Common Prayer, Episcopal Church, 1979, page 815)

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Psalms Are Not Science – From the Daily Office – May 17, 2014

From Book of Psalms:

For it was you who formed my inward parts;
you knit me together in my mother’s womb.
I praise you, for I am fearfully and wonderfully made.
Wonderful are your works; that I know very well.
My frame was not hidden from you,
when I was being made in secret,
intricately woven in the depths of the earth.
Your eyes beheld my unformed substance.
In your book were written
all the days that were formed for me,
when none of them as yet existed.

(From the Daily Office Lectionary – Psalm 139:13-16 (NRSV) – May 17, 2014)

Human FetusLet me make one thing clear: I do not want to get into the abortion debate! I never want to get into the abortion debate!

Whether and when to end a pregnancy is a personal and painful decision, one which I believe is ultimately to be made by one person, the pregnant one. Others may offer her advice and counsel, but when it comes right down to it no one other than her has any business making the decision. Abortion should not be a debate; it should be a private, medical decision by one person.

But I find myself rather frequently pummeled by those who do want to get into the abortion debate, beaten over the head by one side or the other with their particular arguments — most often, I must admit, by the so-called “Pro-Life” side. As a Christian pastor, I get mail, emails, and phone calls from (mostly) the anti-abortionists encouraging me to support their current efforts to restrict access to medically supervised termination of pregnancy.

And nearly every piece of literature they provide includes somewhere the assertion that “human life begins at conception.” And very often that statement is coupled with a citation to this part of Psalm 138.

So let’s make another thing clear: the psalms are not science. The Psalter is poetry and metaphor; the purpose of the psalms is primarily to praise God and secondarily to teach God’s people that the Almighty is to be praised because of the intimacy with which God loves us. These verses simply do not mean that God creates the inmost parts or the unformed substance of every fetus in every womb; nor do they address the issue of when human life begins! Even taken literally, all that this psalm is saying is that God made plans for David; it has nothing to do with when David’s, or any, life began or begins.

That is, basically, what the entire abortion controversy boils down to: when does human life begin? When does a fertilized ovum become a human person? That is a question with so many dimensions — theological, legal, moral, scientific, medical, spiritual, and more — that I’m not sure I can count them!

What I notice about these verses today is that all they name are the physical parts of the body: inmost parts, frame, substance. The spiritual aspect of human life is not mentioned; there is no thought given here to the soul, the spirit, the breath.

In Jewish and Christian theology a human person is only a human person when there is unity of the physical body with the spirit. In the Old Testament, the Hebrew noun nephesh is often translated as “soul,” but it is most often found in combination with adjective hayyah, meaning “living” or “alive.” In combination, the two are rendered “living being” or “soul alive,” but perhaps the best translation is “person.” There is human personhood only when there is both physical body and living spirit.

So when do they come together? The technical theological term is ensoulment. To ask “When does human life begin?” is to ask when ensoulment occurs.

In Jewish tradition, a baby is not considered to be a human person until its head emerges from the birth canal. According to the Talmud, “the fetus is the thigh of its mother,” which means that it is not considered an independent person until after birth. Indeed, some medieval Jewish sages held a child was not a bar kayyama or “lasting being,” i.e., a viable human being, until a month after being born. Obviously, traditional Jewish law and medieval Jewish wisdom did not give Psalm 138 the meaning our contemporary “Pro-Lifers” give it.

Christian tradition has been all over the board on the question.

Some sects (Mormons, for example — and another debate I don’t want to get into is whether members of the Latter-Day Saints are Christians) believe that the soul pre-exists the body, that God has parented or created numerous “spirit children” who await physical bodies in this world.

Some of the earliest theologians, e.g., Clement of Alexandria, Tertullian, and Gregory of Nyssa, taught that the egg and the sperm each carried a soul derived from the souls of the mother and the father, and that at conception these two proto-souls merged to form a new and distinct soul. This theory, called traducianism, is a direct and necessary development of the doctrine of Original Sin, which teaches that our sinful nature is passed from parent to child via concupiscence (sexual desire) and its (sinful?) satisfaction.

Interestingly, Augustine, who was responsible for much of the formulation of Original Sin, rejected traducianism; he favored what came to be known as Creationism, which is not the creationism which today does battle with evolutionary science.

Traducianism was rejected by the theologians of the Middle Ages — Thomas Aquinas, especially — and in favor of creationism. This view, based in part on Genesis 2:7 (“The Lord God formed man from the dust of the ground, and breathed into his nostrils the breath of life; and the man became a living being”) and Hebrews 12:9 (which distinguishes between our “human parents” and God who is the “Father of spirits”), holds that while the body is formed gradually the soul is directly created by God and enters the body when it is ready to receive it (a determination made by God).

Creationism was the accepted teaching of the church from the Fifth Century on . . . until recent times. In fact, from the late Middle Ages until the end of the 19th Century, the official teaching of the Roman Catholic Church (and the generally accepted position of most of Christianity) was that the soul enters the body of the fetus at the time of “quickening,” when the mother first feels movement.

So when does the soul enter the physical body? When does a fertilized ovum become a human person?

I don’t know.

Years ago I sat on a panel discussing abortion law and religion with an older colleague from the Eastern Orthodox tradition. He made this statement which I will never forget: “I would rather counsel a woman about legal abortion than bury a woman who’s resorted to an illegal one. And I’ve done both.” I have had to do the former, both before and after the procedure; that’s why I know so much (and so little) about this theology. Fortunately, unlike my colleague, I’ve not had to do the latter and I hope I never will.

I don’t know when “human life” begins, but I do know this: I do not want to get into the abortion debate, ever, even though I am often forced to. And I know this: abortion is a private, personal, and painful decision which is ultimately to be made by only one person, the pregnant one. And I know this: the psalms are not science.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Ancestor Abraham – From the Daily Office – May 6, 2014

From the Gospel according to Matthew:

Do not presume to say to yourselves, “We have Abraham as our ancestor”; for I tell you, God is able from these stones to raise up children to Abraham.

(From the Daily Office Lectionary – Matthew 3:9 (NRSV) – May 6, 2014.)

StonesJohn the Baptizer is speaking to the Pharisees and the Sadducees, warning them against the very common human practice of relying upon the piety of our forebears instead of practicing our own faith. Relying on the religion of our ancestors is weakens and attenuates our own spirituality. One might as well be rocks lying by the roadside.

A few days ago, in what I consider a badly reasoned decision, Town of Greece v. Galloway, the U.S. Supreme Court upheld the practice of beginning secular legislative body meetings (in the particular case, a city council) with sectarian prayer. Justice Anthony M. Kennedy, writing for the majority, reasoned: “Legislative prayer has become part of our heritage and tradition, part of our expressive idiom, similar to the Pledge of Allegiance, inaugural prayer, or the recitation of ‘God save the United States and this honorable Court’ at the opening of this Court’s sessions.” He might as well have said, “We have Abraham as our ancestor.”

I’ve no problem with public prayer. I lead it on a pretty regular basis. I have a problem with prayer offered in a secular legislative body in a nation that is supposed to have a separation of church and state. The First Amendment to our Constitution includes two clauses which work that separation. One is known as “the establishment clause” and provides that government “shall make no law respecting an establishment of religion.” The other is called the “free exercise clause” and provides that government shall do nothing “prohibiting the free exercise” of religion.

A legislative body’s rule of procedure requiring prayer at the opening of its sessions violates at least the first of these clauses; it is a law establishing a religious practice. Arguably, it also violates the second clause although (as Kennedy and others have noted) no one is forced to participate in the prayer and, one supposes, could absent oneself from the session until the prayer was concluded.

My concern, in light of today’s reading from Matthew, is not with the Constitutional issue of public governmentally-sponsored prayer. Rather, it is with the notion that somehow the religiosity of our nation is dependent upon practices of government and the (mistaken) notion that our Founders (our equivalent of Abraham) intended this to be a “Christian nation.” This is the argument often made and now being repeated in innumerable online discussions of this ruling.

I can find no difference between “The Founders intended this to be a Christian nation” and “We have Abraham as our ancestor.” Both rely upon the supposed faith of long-dead forebears rather than the lively faith of living people. Any number of prayers may be recited at city council meetings or in state or national legislative chambers; unless and until the people of the nation begin actually living and practicing whatever religion they claim to hold — actually participating in religious events and, more importantly for Christians, feeding the hungry, clothing the naked, and housing the homeless — those prayers are no better than the protest of the Pharisees and Sadducees, “We have Abraham as our ancestor.”

This is especially true when Christian prayer opens a legislative session in which the legislators proceed to enact legislation which flies in the face of Jesus’ commands — when funds are stripped from feeding programs, when homelessness is made a crime, when public assets are diverted to the benefit of the rich at the expense of the poor. The prayer and the faith which it represents are rendered meaningless, with as little life as a pile of rocks.

There is a place for prayer, but it is not in the halls of government and it is not in the historic and attenuated traditions of long-dead forebears. It is in the hearts and lives of living persons acting out their faith. Relying on government-sponsored prayer is nothing more than claiming Abraham as our ancestor, nothing more than being dead stones.

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A request to my readers: I’m trying to build the readership of this blog and I’d very much appreciate your help in doing so. If you find something here that is of value, please share it with others. If you are on Facebook, “like” the posts on your page so others can see them. If you are following me on Twitter, please “retweet” the notices of these meditations. If you have a blog of your own, please include mine in your links (a favor I will gladly reciprocate). Many thanks!

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

Life Isn’t a Game – From the Daily Office – March 19, 2014

From the First Letter to the Church in Corinth:

In fact, to have lawsuits at all with one another is already a defeat for you.

(From the Daily Office Lectionary – I Corinthians 6:7a (NRSV) – March 19, 2014.)

Judge with GavelThis may be the simplest, truest, most profound thing Paul ever wrote. No flowery language, no showing of his erudition and knowledge of the Hebrew Scriptures or of Greek philosophy, no convoluted logic, no run-on sentences. Just a simple declaration: if you are in litigation, you’ve already lost.

For nearly 20 years I was involved in a litigation law practice. First as a paralegal, then as a law office administrator, then (after going to law school myself) as an associate and later partner of one of the largest personal injury and malpractice defense firms in the state of Nevada. Somewhere along the line I learned a statistic that 95% of all such claims are settled before any complaint or petition is filed in a court of law, and of those cases were litigation is instituted only about 3% ever end up actually going through a trial, and of trials that begin at least 50% are settled before being submitted to the judge or jury for a decision. (Those statistics are at least 20 years old and, of course, 47% of all statistics are simply made up, so don’t quote me on this.)

Only a tiny fraction of personal injury or malpractice claims are litigated. I don’t know of the statistics regarding civil suits for breach of contract or other transactional litigation, but I suspect that it is the same. Nearly all disputes are settled in some faction before a lawsuit is initiated. If a complaint, information, or petition is filed, it means that other, less disruptive means of resolution have failed; it means that the relationship between the parties is almost irretrievably broken; it means that both have lost something precious.

This (I believe) is Paul’s point: litigation demonstrates the defeat of relationship. Modern psychologists have discovered that the end of a relationship, especially a romantic linkage or deep friendship, affects the human psyche in much the same way as a death. Years ago, Elizabeth Kübler-Ross identified the five stages of grieving a death: denial, anger, bargaining, depression, and acceptance. Movement through these stages is not neat and clean – different stages may take longer than others, some may be repeated, they may be experienced in a somewhat different order – but this progression is predictable. The same process occurs when a relationship ends. Litigation, which signals the irrefutable breakage of a relationship, is like death: to have lawsuits at all with one another is a defeat.

What relationship is deeper or more important than one’s brotherhood or sisterhood with another member of the church, someone to whom one is related as the parts of the body are related? To have lawsuits between church members is like the cutting off of body parts! (Jesus’ hyperbolic parable of cutting off body parts which cause one to sin has no application here.)

We live in a litigious society; lawyer advertising encourages lawsuits. Every perceived wrong, however slight, is portrayed as reason to seek redress in the courts. Where I live, I see at least five personal injury lawyers’ advertisements on television every evening, including one whose annoying slogan is “I’ll make them pay.” I suspect that a larger percentage of disagreements and grievances are litigated now than when I was in practice. I am convinced that our politics have become more fractious and hostile and that our social fabric is fraying, and that this is symptomatic of the same ill that increased litigation points to. Our society is losing, has already lost, a cohesion it cannot afford to lose.

It is one of the callings of the church to demonstrate the needlessness of this, to be a sign that reconciliation is not only possible but desirable, to witness to Paul’s simple profound truth that ” to have lawsuits at all with one another is already a defeat.” The Catechism of the Episcopal Church says as much:

Q. What is the mission of the Church?
A. The mission of the Church is to restore all people to unity with God and each other in Christ.
(BCP 1979, page 855)

I loved courtroom work! To be in a trial was great fun; it was a game and I was very good at it. Life, however, isn’t a game, and to the extent it may seem like one, to be in a trial is conclusive evidence that we have already lost it.

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Father Funston is the rector of St. Paul’s Episcopal Church, Medina, Ohio.

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