Breaking James Talarico's Consent Spell

 

ByJoseph A. Kohm Jr., Sr. Lecturing Fellow, Regent Law

Editor's Note: Reposted from The Center for Christian Thought and Action, Regent University, at https://ccta.regent.edu/breaking-james-talaricos-consent-spell/. 

James Talarico, the Democratic nominee for Senate in Texas, is a seminarian working on his M.Div. at Austin Presbyterian Theological Seminary.  Instead of shying away from issues regarding faith on the campaign trail, he often leads with them, claiming “God is non-binary,” or that he’ll “be giving sermons” on defending abortion care for the Trans community. Another tenet of Talarico’s progressive form of Christianity, one that he repeats frequently, is that Mary, the mother of Jesus, “consented” to her pregnancy. In a November 6, 2022, tweet on X, Talarico wrote, “We only have Jesus because a woman consented to creating him.”

A few weeks ago, while visiting the Uffizi Museum in Florence, Italy, I was in a room dedicated to the paintings of Sandro Botticelli (1455-1510). The room is dominated by two of Botticelli’s most famous works, The Birth of Venus and Primavera, both over 5 feet in height and nine feet in length. Twenty feet away from Venus, set in a corner, is another Botticelli, Madonna of the Magnificat.  The painting is circular, just four feet in diameter, and much less attention-grabbing than the other two, yet my immediate visceral reaction as my eyes met this work was of James Talarico’s take on what he calls, “my favorite story in all of scripture.”

Did Mary consent to her pregnancy, and how does a 15th-century painting help us answer that question? In the second half of Luke 1:38, we read Mary saying to Gabriel, “Let it be done to me according to your word.” Commonly known as “Mary’s fiat,” fiat being the Latin for “let it be,” it is just here where James Talarico invokes the concept of “consent” as an incantation to keep hearers under the false belief that the Christian life is compatible with maintaining autonomy over personal decisions and lifestyle. The contemporary concept of consent serves as the currency which legitimizes almost any form of sex between any number of people. The dangerous and false enchantment of consent is even being employed to eliminate protections provided to children who would obviously be harmed by any form of sexual activity with adults. 

In his sermon, “The Weight of Glory,” C.S. Lewis tells us, “Spells are used for breaking enchantments as well as inducing them.” Encountering Botticelli’s Madonna is to be put under a spell, and his spell breaks the modern-day consent-based enchantment Talarico is trying to weave regarding Mary by revealing two things.

First, Botticelli’s painting reminds us that one of our most important purposes as humans is to reflect God’s glory. Each of us, with our unveiled faces beholding the glory of the Lord, are to be transformed into the same image from one degree of glory to the other. (2 Cor. 3:18) In Botticelli’s Madonna, heaven meets earth as two angels crown Mary under the sun’s radiant glow. Mary is composing the first words of her prayer of praise, the Magnificat, “My soul doth magnify the Lord.” God doesn’t need us to magnify Him, but in doing so, we mirror back to Him the glory which we derive from Him.

Second, Botticelli’s Madonna teaches us that we are only our true selves, living our purpose or telos, if our wills are aligned with God’s. An ingredient James Talarico leaves out of his enchantment is that before Mary tells Gabriel, “Let it be,” she says, “I am the servant of the Lord.” Mary models the biblical discipleship posture of self-surrender and obedience, which subsumes any idea of consent. In Botticelli’s Madonna, the Christ child is seated on Mary’s lap, revealing her telos, lived out through her obedience, as the mother of Jesus.

Spells are invoked to produce a specific result or effect. In J.R.R. Tolkien’s The Lord of the Rings, Gandalf spoke “Mellon,” the Elvish word for “friend,” and the Doors of Durin opened into Moria. The effect of placing oneself under James Talarico’s consent-based spell leads to a diminished view of God’s glory and a failure to follow Mary’s example to magnify Him. Even worse, the illusion provided by the spell of consent provides a soothing excuse for ignoring God’s glorious purpose for our lives.

Happy Father's Day, Dad!

 

Celebrating fatherhood takes on a unique meaning for every single person on Father’s Day weekend. Having, knowing, being loved by a father provides a child with a biological parent who is entrusted with an altruistic investment in his offspring's success unlike any other person on the planet. 

Dads create superior outcomes for their children when raised in married families with their mom. Though renowned economist Dr. Gary Becker views this entrustment from an economic lens (Gary S. Becker, A Treatise on the Family (Harvard U. Press 1993), additional research suggests that being raised by one’s biological parent creates stronger parental investment and more effective parenting behaviors. (See Martin Daly & Margo Wilson, The Truth About Cinderella: A Darwinian View of Parental Love 63-93 (1998). Having that male role model within a committed relationship framework changes everything. From communication patterns, to security, to behavioral modeling that contributes to well-rounded development, there are thousands of definitive studies showing fathers are one of the most significant and important contributors of children’s physical, psychological, emotional and intellectual development. (See Lynne Marie Kohm, Rethinking Mom and Dad, 42 Capital U. L. Rev. 441 (2014).  

Thank you, dad. Happy Father’s Day!

How to Have Difficult Conversations With those you Love

This guest post is courtesy of Moriah Gaskill, Regent Law 3L:

How do you approach challenging conversations? When discussing estate planning, difficult topics appear inevitable. Yet, we often struggle with the thought of our own mortality and the mortality of the one’s closest to us. As a result, these conversations can evoke fear, stress, or a sense of isolation. There is something illusive and frighting about the thought of continuing life without the ones you love the most. But what if we could approach these discussions in a constructive and more comforting way?

In our Wills, Trusts, and Estates class, our professor, Mrs. Kohm, often spoke about the opportunity to leave a legacy by creating an estate plan. Legacies afford us the privilege of impact. As Christians, our lives, money, and time, are not our own, but instead, are instruments used to serve others and fulfill Christ’s purpose for our lives. Therefore, what it we made service and love the focus? We can support our loved ones in their estate planning process by extending patience and by listening to what is most important or concerning to them. Additionally, we can cultivate an environment where he or she feels both emotionally and physically safe to engage in vulnerable conversations. Just as a poet’s message can outlive their life through their work, similarly, a person’s mission can be reflected through charities, organizations, and persons in which or in whom they have invested.

How can you confront disunity or family discord when discussing estate planning? I believe one way we can unpack the dynamics of familial relations, and hopefully encourage more familial harmony, is by intentionally listening to the underlying interests and concerns of a person. What appears on the surface is not always fully reflective of the underlying emotion or motive. Our life experiences, positive or negative, values, past hurts, misunderstandings,

Actions, reactions, and traumas can have a significant impact on our relationships, which can not only affect our lifetime interactions, but also can affect the interactions between the loved ones left behind. Therefore, it is essential to have the right spiritual and mental posture when we engage in conversations that can be emotionally complex. We must seek clarity, encourage the truth to drive the conversation, validate legitimate feelings, and be prepared to propose creative solutions.

What if it is taboo to talk about death or incapacity in my family? Is there a way I can approach sensitive topics? Proverbs 18:21 reminds us that “life and death are in the power of the tongue, and they that love it shall eat the fruit thereof.” Our words have power, and one of the challenges I have found is discussing topics such as incapacity, life sustaining treatments, or funeral arrangements without making these discussions declarations or confessions. To combat this issue, one solution is to use articles such as “the” or “a” as opposed to possessive determiners like “my.” Another solution might be to create hypothetical scenarios before approaching the loved one’s views on the matter. These methods may help create some distance between the person and the topic being considered. Everyone’s estate plan and approach may be just as unique as he or she is, therefore, it is important to keep the person at the heart of the plan.

In conclusion, estate planning requires patience, diligence, vulnerability, perspective, introspection, and love. Although the conversations surrounding estate planning can be challenging, one’s legacy can be impactful. “Let your estate plan be your love letter.”

Estate Planning for your Family in the Era of Online DNA Testing

 

This guest post is courtesy of Amanda Ash, Regent Law 3L:

          “Discovering your family history is a journey, and we’re here to guide you,” boasts DNA testing service Ancestry.com. Throughout history and literature, stories of long-lost heirs have captivated audiences. Today, with the rise of online DNA testing, these plots are increasing playing out in real life. A recent Wall Street Journal article highlighted how newly discovered relatives are disrupting long-settled estate and inheritance plans.   

          If you are handling an estate—or planning one—it’s important to understand how biology interacts with state law. In many jurisdictions, including Virginia, biology alone is rarely enough to substantiate an inheritance claim. Instead, inheritance depends on the law of the state where the decedent lived, the wording of any will, legally recognized relationships in effect at death, and strict timing requirements.

          Under Virginia law, when a decedent leaves a will, it controls the disposition of the estate. Vague terms like “child,” “descendent,” “issue,” and “issue of my body” create ambiguity that may open the door to claim by a relative unknown at the time of drafting. A best practice when drafting a will is to refer to heirs by full legal name and update the will when family circumstances change.

          If there is no will, the laws of intestate succession apply, and courts look to legally established relationships. Virginia law includes procedures for establishing paternity for children born out of marriage, requiring clear and convincing evidence. Such evidence may include the parent’s acknowledgement of the child or expert genetic testing weighed alongside other factors. Virginia also requires that claims of succession be filed within one year of the decedent’s death. In short, a previously unknown relative may be able to establish a claim, but many legal requirements must align for the claim to succeed.

Of special note when considering DNA results:

·        Adopted children have no inheritance rights from a biological parent because adoption severs the legal parent-child relationship (except in stepparent adoptions, where the birth parent remains a legal parent).

·        Children conceived with donated sperm are generally barred by contract from asserting inheritance claims through the donor.

·        Children whose parent’s rights were terminated may still inherit from the parent, but the parent cannot inherit from the child.

 

          In short, the best protection against unwanted surprises to your estate plan: draft a clear, specific will and update it as your circumstances evolve. Doing so ensures that your intentions are honored—even in a world where DNA testing continues to uncover unexpected branches on a family tree.

 

The Change Sparked in California Conservatorship Law by the #FreeBritney Movement

 

This guest post is courtesy of Gretchen Collins, Regent Law 3L, and Fall 2025 Wills, Trusts & Estates student. This post serves as an update to The Conservatorship of Britney Spears (Continues…)Links to an external site. post from 2020:

Since this blog’s 2020 post on Britney Spears’ conservatorship, California has reformed its conservatorship system. The #FreeBritney movement was a public outcry that exposed systemic failures in how courts protect the most vulnerable individuals’ autonomy and dignity.  

A conservatorship is a legal arrangement in which a court appoints a person (conservator) to manage another person's (conservatee) personal care and/or estate, when that person is deemed unable to manage these matters independently.

The Conservatorship Reform ActLinks to an external site., signed into law by Governor Gavin Newsom in September 2021, transformed California conservatorship law in three critical ways. First, conservatees now have the right to hire independent legal counsel to represent their interests rather than relying on court-appointed counsel. Second, it allows interested persons to petition the court and mandates that all prima facie cases of abuse are thoroughly investigated (Cal. Prob. Code § 1851.6)Links to an external site.. Third, conservators found guilty of abuse of a conservatee now face civil penalties, including a fine of up to $10,000 in addition to other remedies (Cal. Prob. Code § 2112)Links to an external site..

Britney Spears’ case sparked these reforms. After petitioning in 2020 to remove her father as conservator, Spears delivered an emotional testimony in June 2021, describing her father’s conservatorship as abusive. That September, exercising rights granted by the Conservatorship Reform Act, she hired her own attorney. In November 2021, after 13 years, Judge Brenda Penny terminated her conservatorship (Britney Spears Conservatorship Explained by a Probate Lawyer, Keystone Law Group, Oct. 2024).Links to an external site. Her case brought conservatorships publicity, fueled a public outcry, and encouraged legislators to take action to prevent situations like hers in the future.

Building on this momentum, California introduced Assembly Bill 1663Links to an external site. in 2022, adding two key protections. Courts are required to use the least restrictive means when determining whether a conservatorship is appropriate.  A court must evaluate the allegations regarding the prospective conservatee’s capacity and any alternatives available to provide the necessary support before restricting an individual’s autonomy. Courts must also tailor conservatorships for persons with developmental disabilities to that individual’s specific needs. This expressly limits the scope of a conservatorship and requires courts to evaluate the unique circumstances surrounding requests.

Despite these changes, significant gaps remain.  Although interested persons may now report abuse, conservatees possess only limited authority to challenge their own conservatorship status. Advocates continue to push for stronger protections, including enhanced oversight, increased funding for investigations, and greater awareness of alternatives. Numerous alternatives exist, including supported decision-making, powers of attorney, and advance directives, all of which provide necessary support without stripping away autonomy. Conservatorships are meant to be a last resort when all other less restrictive means have been examined or exhausted.

The #FreeBritney movement awakened a hunger for justice. The public outcry forced legislators and legal professionals to evaluate their own roles in perpetuating systemic failures. When Spears delivered her emotional testimony, it sparked reform. Media attention brought change to California’s conservatorship law, but its lasting legacy may be in challenging legal professionals to question whether the means accomplish the goal of protecting, rather than controlling, vulnerable individuals.  

Happy Mother's Day Mom!

 

Celebrating motherhood takes on all new meaning for every single person on Mother’s Day weekend. Having, knowing, being loved by a mother provides a child with a biological parent who is entrusted with an altruistic investment in their offspring's success unlike any other person on the planet. 

Though renowned economist Dr. Gary Becker views this entrustment from an economic lens (Gary S. Becker, A Treatise on the Family (Harvard U. Press 1993), additional research suggests that being raised by one’s biological parent creates stronger parental investment and more effective parenting behaviors. (See Martin Daly & Margo Wilson, The Truth About Cinderella: A Darwinian View of Parental Love 63-93 (1998). That biological relationship may be "both necessary and sufficient" to explain the superior outcomes for children raised in married families with their mom.

Having that female role model within a committed relationship framework changes everything. From communication patterns, to security, to behavioral modeling that contributes to well-rounded development, there are thousands of definitive studies showing mothers are one of the most significant and important contributors of children’s physical, psychological, emotional and intellectual development. (See Lynne Marie Kohm, Rethinking Mom and Dad, 42 Capital U. L. Rev. 441 (2014).  

Gratitude to mom today is now understood even by social scientists. Happy Mother's Day mom!

Eugenics Rebranded

This guest post is courtesy of Mary Truitt, Regent Law 2L:

“That which has been is what will be. That which is done is what will be done. And there is nothing new under the sun.” Ecclesiastes 1:9.

In the twenty-first century, we are living through our own version of the industrial revolution, but with rapid technological developments. Among the array of incredible developments has been the ability to create life outside of the womb. This has greatly expanded families, but it has also resulted in millions of lives frozen indefinitely. It has created an ethical dilemma that continues to foster problems.  

Nucleus Embryo recently launched a new technology that allows parents to screen their embryos for the potential for genetic diseases and traits. It’s been marketed under the pretense of “preventative medicine.” The idea is that parents can choose the healthiest embryo to implant. Yet doing so necessarily discards the embryos that have genetic diseases or may be prone to developing a disease or health issue later in life. This process ranks embryos against one another, thereby devaluing embryos not considered perfect. This technology perpetuates the notion that children are a commodity and the weak do not deserve to live.

Our culture often struggles to call out the evil as we see it because it is not identical to historical examples. The fear is that by drawing modern comparisons, we’ll downplay the evil of our past. Yet in so doing, we are failing to understand the depth of evil right in front of us. Nucleus Embryo is eugenics. It allows parents to discard their weaker children by destroying rejected embryos because they have imperfections. It is not the disease that is being prevented from existing, but rather the child from being born.

Let us never forget that “…the devil walks about like a roaring lion, seeking whom he may devour.” Therefore, Scripture calls us to “be sober, be vigilant.”1 Peter 5:8. Satan uses new tactics to employ the same evil. There is nothing new under the sun. Christians should be watchful that we may fulfill the command to “learn to do good; seek justice, rebuke the oppressor; defend the fatherless, plead for the widow.” Isaiah 1:17.

 

Young Adults and Life Insurance

 

Why Young adults should prioritize life insurance and why Term is the better option.

 

This guest post is courtesy of Hannah Holmes, Regent Law 3L:

Many young adults avoid thinking about end-of-life planning because it feels distant or uncomfortable. However, funeral costs average $7,000 to 12,000, and most young adults do not have enough savings to cover those expenses. Life insurance is an easy way to ensure that family members are not left with a financial burden during an already difficult time.

Although life insurance matters at every age, it is especially important for young adults who are still developing financial stability. A policy can cover funeral costs, outstanding bills, or other obligations so that loved ones are protected.

The two most common types of life insurance are term life and whole life, and they differ significantly. Term life insurance provides affordable coverage for a set period, usually 10, 20, or 30 years, and has no cash value. It is designed to cover individuals during the years when financial responsibilities are highest.

Whole life insurance, on the other hand, lasts a lifetime and includes a cash value component. While this feature sounds appealing, it is often misunderstood. While cash value technically grows within a whole life policy, it does so very slowly, sometimes taking more than a decade to break even. Additionally, borrowing against cash value reduces the death benefit unless repaid. A crucial point often overlooked is this: upon the insured’s death, beneficiaries receive only the policy’s death benefit—not the cash value—unless the policy has been specifically structured to include it. This nuance is frequently omitted in sales presentations, leading consumers to believe they are leaving both cash value and a death benefit to their loved ones.

For these reasons, term life insurance is usually the better option for young adults. It offers substantial coverage at a fraction of the cost, and the money saved by choosing term can be invested in retirement accounts or mutual funds—often yielding better long-term growth than the cash value in a whole life policy.

Life insurance is a crucial part of responsible planning, and term life provides young adults with the most practical and cost-effective protection.