This is a guest post by Michael Davidson, who says he is an active member of what may be the most geographically expansive branch of the Church in North America. He is a father, husband and attorney. He spent yesterday, Saturday, June 21, 2014, driving up the northern peninsula of Newfoundland in search of icebergs and moose. Plenty of both were seen and captured photographically.
When the facts are on your side, hammer the facts. When the law is on your side, hammer the law. When neither is on your side, hammer the table. I have no idea who first said that, but this is advice almost all trial lawyers have heard at one time or another. As an experienced trial advocate, I’ve had plenty of opportunities to do each of these, and each course of action is perfectly acceptable in our system of justice. Courts are great places in which everyone has a shot, even those who have no basis in law or fact to expect success.
This leads me to the increasingly tragic saga of Kate Kelly and her little club. As most readers of this will know, Ms. Kelly’s attendance has been requested at a disciplinary council to be held this evening. She has publicly stated that she has no intention of appearing, though a gaggle of her supporters will be appearing at the Church in Virginia in her stead. Ms. Kelly herself will be attending a demonstration in Salt Lake City instead, to protest the Church for her bishop’s decision to convene the council in the first instance.
Instead of attending, she submitted a personal statement signed by herself, a legal brief drafted by Nadine Hansen and a circular file worth of anonymous statements in her defense. Having reviewed each, or at least as much as has been made available online, I am not terribly moved. She can’t argue the facts, as they are not in dispute. Ms. Kelly concedes in various statements this last week that if they are merely going to ask whether she had done the things she has been accused of, that there is no defense. She can’t argue the law, because the law condemns her. She continued to preach her doctrine of gender equity long after she had been warned to stop by her stake president. The definition of apostasy is clearly met here and there is no defense to it. So, she hammers the table, as does Ms. Hansen.
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