As if we didn’t have enough to report on today with the evidentiary hearing in the Scientology leak at the Danny Masterson case in Los Angeles, we also have another judicial ruling on the other end of the country. This afternoon, Judge Thomas Barber granted Valeska Paris and Gawain and Laura Baxter the right to appeal his March 31 ruling forcing their trafficking lawsuit into Scientology’s “religious arbitration.”
The question concerning what Judge Barber identifies as the “right to leave the religion” is an interesting legal one and could provide grounds to give the appeals court room allow the suit to continue. If I recall correctly, the Garcias were still members of the church when they sued. That is a very different position from that of the plaintiffs in this case.
Well, the marathon is back on track. The duress of the situation and the 'right to leave' are things that the court should have originally looked at. Throw in the recent laws about human trafficking and I hope that Valeska and the other planintiffs get sent right to trial on the merits of the case. And boy do they have a lot of 'merits'.
It just seems so obviously a violation of someone’s constitutional rights to compel them to arbitration by any group, regardless of whether it is a religion or not, that they have left because of their abuse and mistreatment by that group.
As much as I love the opportunity for the Eleventh to set some very specific precedent regarding forcing an abusive agreement agreed to under duress to be honored in a way that perpetuates the abuse, and is in violation of a person's fundamental right to not participate in a religious ritual they don't want to participate in, I can't help but feel a little pessimistic. Maybe I just need some more light.
The question concerning what Judge Barber identifies as the “right to leave the religion” is an interesting legal one and could provide grounds to give the appeals court room allow the suit to continue. If I recall correctly, the Garcias were still members of the church when they sued. That is a very different position from that of the plaintiffs in this case.
oooh, that's a really good detail I wasn't aware of. Cross fingers 11th Circuit allows this trafficking suit to proceed
Crossed fingers is right. Hopefully they will recognize the fundamental distinction (but no guarantees).
Hmmm another leak in the dike, run Sea Org members, there aren’t enough if you to plug the holes.
That’s a good result, congrats to the plaintiffs and their lawyers!
Open another case of The Macallen . . .
Slap another slave, hire thugs to stalk and kill pets, pay more slimey lawyers, and gargle with
Macallan...All in a day's work for Big Bean #1...
TRULY EXCELLENT DECISION!
Well, the marathon is back on track. The duress of the situation and the 'right to leave' are things that the court should have originally looked at. Throw in the recent laws about human trafficking and I hope that Valeska and the other planintiffs get sent right to trial on the merits of the case. And boy do they have a lot of 'merits'.
It just seems so obviously a violation of someone’s constitutional rights to compel them to arbitration by any group, regardless of whether it is a religion or not, that they have left because of their abuse and mistreatment by that group.
As much as I love the opportunity for the Eleventh to set some very specific precedent regarding forcing an abusive agreement agreed to under duress to be honored in a way that perpetuates the abuse, and is in violation of a person's fundamental right to not participate in a religious ritual they don't want to participate in, I can't help but feel a little pessimistic. Maybe I just need some more light.
Well, at least we now have so light over the issues!