Freethought & Rationalism Archive

Toto · 06-17-2003, 02:44 PM

The Newswire is back up under new management, and I found a reference to this Iowa Supreme Court case, which will force an Iowa court to decide if Mrs. Kliebenstein does in fact embody the spirit of Satan:

KLIEBENSTEIN vs. IOWA CONFERENCE OF THE UNITED METHODIST CHURCH

Quote:

. . .Defendants contend that in order to determine whether the term "spirit of Satan" is defamatory�or truthful�as applied to Kliebenstein, a factfinder would necessarily be required to study and interpret church theology and beliefs concerning Satan. The contention brings us to the dispositive question on appeal: whether the phrase "spirit of Satan" has a secular meaning that could be applied in a civil suit for defamation without treading on�or wading into�religious doctrine.

Defendants rely heavily on an affidavit prepared by Rev. Dr. Elmer Colyer, professor of historical theology and Wesley studies at the University of Dubuque Theological Seminary. Professor Colyer asserts that terms such as "Satan" and "devil" have their roots in religious doctrine. His affidavit also reveals that these terms have evolved and now imply a variety of meanings between�and even within�religious denominations. Thus, in his words, "to determine within any specific ecclesiastical context whether the use of the term, 'spirit of Satan,' is defamatory . . . it is necessary to determine the meaning of the term for the religious community or body." (Emphasis added.)

. . .

Perusing a standard dictionary convinces us that the term used by church officials to describe Jane Kliebenstein has religious roots but also carries a common and largely unflattering secular meaning. We conclude from these definitions that the phrase 'spirit of Satan' has meaning in a secular as well as sectarian context.

Focus on the Family has discovered the benefits of church-state separation.

Elora · 06-17-2003, 03:56 PM

Ooooookaaaaayyy......man, this stuff just gets more and more confusing, and downright weird. Methinks the Iowa Supreme Court was looking for some entertainment.

faust · 06-17-2003, 07:04 PM

I gotta get in on this! Imagine!
BY LAW, faust possess the SPIRIT OF SATAN!!!

bow to me infidels!

hezekiah jones · 06-17-2003, 09:25 PM

Originally posted by Elora
Methinks the Iowa Supreme Court was looking for some entertainment.

That's not unpossible. The factfinders in question will need to conduct their investigation of Satan in absentia since there is good precedent any subpoena may not be served:

Plaintiff, alleging jurisdiction under 18 U.S.C. � 241, 28 U.S.C. � 1343, and 42 U.S.C. � 1983 prays for leave to file a complaint for violation of his civil rights in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall.

Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.

We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.

If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed. R. of Civ. P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.

We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.

For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.

It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied. U.S. ex rel. Mayo v. Satan and his Staff, 54 F.R.D. 282 (W.D. Pa. 1971).

Elora · 06-18-2003, 09:35 PM

Quote:

That's not unpossible. The factfinders in question will need to conduct their investigation of Satan in absentia since there is good precedent any subpoena may not be served:

Hee hee, this should be fun.

Quote:

If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed. R. of Civ. P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.

We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.

HAHA! Oh, that's great. Can you imagine the lawyers giggling over that? It's one of the longest ways I've seen of saying, "this is completely bogus."

paul30 · 06-19-2003, 06:59 AM

I think they should get Satan to testify.

Call the White House and see if W. is available.

Shake · 06-19-2003, 01:03 PM

Your tax dollars, hard at work on important issues!

06-17-2003, 09:25 PM	#4
hezekiah jones Veteran Member Join Date: Feb 2001 Location: WI Posts: 4,357	Satan has caused plaintiff's downfall. Originally posted by Elora Methinks the Iowa Supreme Court was looking for some entertainment. That's not unpossible. The factfinders in question will need to conduct their investigation of Satan in absentia since there is good precedent any subpoena may not be served: Plaintiff, alleging jurisdiction under 18 U.S.C. � 241, 28 U.S.C. � 1343, and 42 U.S.C. � 1983 prays for leave to file a complaint for violation of his civil rights in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall. Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights. We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time. If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed. R. of Civ. P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class. We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process. For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis. It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied. U.S. ex rel. Mayo v. Satan and his Staff, 54 F.R.D. 282 (W.D. Pa. 1971).

06-19-2003, 01:03 PM	#7
Shake Contributor Join Date: Jan 2001 Location: Folding@Home in upstate NY Posts: 14,394	All of the above Your tax dollars, hard at work on important issues!

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06-17-2003, 03:56 PM	#2
Elora Junior Member Join Date: Feb 2003 Location: San Diego, CA Posts: 58	Ooooookaaaaayyy......man, this stuff just gets more and more confusing, and downright weird. Methinks the Iowa Supreme Court was looking for some entertainment.

06-17-2003, 07:04 PM	#3
faust Senior Member Join Date: Apr 2003 Location: baton rouge, la Posts: 539	I gotta get in on this! Imagine! BY LAW, faust possess the SPIRIT OF SATAN!!! bow to me infidels!

06-19-2003, 06:59 AM	#6
paul30 Senior Member Join Date: Feb 2003 Location: Atlanta, GA USA Posts: 870	I think they should get Satan to testify. Call the White House and see if W. is available.

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