Who Gets To Decide Where You Go In The End?
port1080.
Posted to Religion on Tue Oct 23, 2007 at 07:16:57 AM EST (promoted by 1fastdog). RSS.
On Saturday, October 13th, Jeanea Irvin was shot to death on the streets of Chester, PA. Although the violent murder was (sadly) in itself not all that exceptional, what came after has developed into a religious controversy. Irvin's husband, Timothy A. Boyer, is Muslim, and wished to bury his wife in an Islamic ceremony. Irvin's parents, who are Christian, wished for a Christian service.
Normally this would be an open and shut case - spouses are typically allowed to arrange for whatever funeral services they desire. This case, however, was complicated by the fact that while Irvin and Boyer had taken vows in a Muslim religious ceremony, they had not yet filed the legal paperwork to get an official marriage license from the state. Due to this lack of legal standing on the part of Boyer, Irvin's parents decided to go ahead with their plans for a Christian burial service and have their daughter interred according to their wishes. This action was immediately challenged in court.
Boyer filed for an emergency stay of the funeral proceedings, but was denied because of his lack of legal standing. According to Chancery Court Vice Chancellor John W. Noble:
As such, he does not have the right to dictate or determine the proper process for the funeral, and that then passes to the surviving parents to decide how to arrange for things, which, as I understand it, there is no disagreement with that
Noble generally stayed away from the religious aspect of the controversy, simply focusing on a narrow legal interpretation of the law. This did not sit well with Ismaa'eel Hackett, director and religious adviser of the North American Islamic Federation. Hackett filed the petition for Boyer (as Boyer is currently in prison awaiting trial on drug charges). In the petition he argued that religious marriages should receive the same respect as government sanctioned ones. According to Hackett:
This is a sad day for every citizen of the United States...The court had a responsibility to hold up the Constitution of the United States, which protects all human and civil rights...When you take that away, that becomes a sad, sad day for the people
With the legal arguments settled, Ivin was laid to rest in a Christian service at the Bethel AME Church in Wilmington, DE, just before noon on Friday.
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