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Subject: 
Re: Elian Gonzales
Newsgroups: 
lugnet.off-topic.debate
Date: 
Thu, 27 Apr 2000 18:15:24 GMT
Viewed: 
830 times
  
In lugnet.off-topic.debate, Larry Pieniazek writes:
In lugnet.off-topic.debate, Dave Schuler writes:
Okay, okay.  No one here denies that Cuba has a lot to answer for, civil-
rights-wise.  Some people feel that that's the paramount issue here, while
others feel that the question is one of rightful parental custody.

It's not entirely a custody matter. In my view Elian applied for asylum
merely by appearing here.

  Hmm... That's interesting, and I hadn't previously considered it that way.
If he'd fallen out of an overflying plane, would he (assuming his survival)
likewise have applied automatically for asylum?
  If, while I'm vacationing in upstate New York, my six-year-old son wanders
across the border and asks for asylum, do I have to accept it because asylum
trumps custody?  If so, then I think we've reached the crux of our
disagreement.  If not, then it must be admitted that it's not simply an asylum
issue, but an asylum-from-Cuba issue, which seems like a different matter.
  In either case, I recall something about a specific agreement regarding
Cuban refugees, but I don't remember the specifics.  I'll have to look into
that.

**snip of asylum vs. custody concerns, on which my jury is still out**

I number myself the latter, and to my moral code it is clear. It’s the
simple fact that Sr. Gonzales has rightful custody of his son and should be
able to live wherever he pleases, barring direct and demonstrable jeopardy
to Elian.

Quoting again:

       * Requires parents to raise children with "Communist
            personalities." If parents stray from the official ideology,
            they can be charged with the crime of "hindering the normal
            development of the child."

That's direct and demonstrable jeopardy.  Therefore I would deny custody.

  This hinges on the widely interpretable definition of "normal development."
Who is to determine the normal development of a child in another country?  On
what grounds?  And by what standard?  And how are infractions to be corrected?


QED.

  *Ahem*  Until about 10 years ago, when I found out what this meant, I always
wondered why people were bringing up "Quantum Electrodynamics" in the middle
of their arguments.

I'll mail this particular release to you if you like.

  That would be very cool of you.  If you wouldn't mind, I'd honestly like to
read whatever you'd care to write about your uncle's unfortunate case, though
I certainly understand if you'd rather not share it with me, since it's none
of my darned business!

     Dave!



Message has 1 Reply:
  Re: Elian Gonzales
 
(...) Sorry, I was insufficiently precise. Merely by *deliberately* appearing here. If I fall out of a plane flying over Rwanda by accident it probably isn't my intent to apply for asylum there. Now, normally I try to avoid assigning intent but I'd (...) (24 years ago, 27-Apr-00, to lugnet.off-topic.debate)

Message is in Reply To:
  Re: Elian Gonzales
 
(...) It's not entirely a custody matter. In my view Elian applied for asylum merely by appearing here. The niceties of when was the formal petition filed and so forth are just legal machinations being used to deny civil rights. His mother gave her (...) (24 years ago, 27-Apr-00, to lugnet.off-topic.debate)

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