Daily Archives: August 19, 2009

Reuters: “Switzerland has agreed to reveal the names of about 4,450 wealthy American clients of UBS AG to U.S. authorities in a tax dispute settlement that pierces Swiss banking secrecy and now threatens to spill over to other banks.”

Hartford Courant: “An overflow crowd packed Tuesday’s Planning and Zoning Commission meeting to voice displeasure over an adult-oriented store receiving a zoning permit to open at the old Ethan Allen furniture store, according to published reports.”

SFAppeal.com: “You remember Heaven, the North Beach strip club City Attorney Dennis Herrera’s been hot to shutter since July, when he said it was ‘a public nuisance, having allegedly violated city codes and having been cited for prostitution.’
Today Superior Court Judge Charlotte Walter Woolard granted his motion to shut it down, effective immediately.”

Leonard Link: “[Ted Olson and David Boies] They argued that their lawsuit was different from all of those cases, because this was about the passage of a state constitutional amendment to take away a fundamental right that had previously been recognized under the state constitution by the California Supreme Court in its May 2008 Marriage Cases ruling. Thus, the issue in this case is not, in so many words, whether same-sex couples have a federal constitutional right to marry, but rather, whether it violates the federal constitution for California voters in the context of Proposition 8 to quash a fundamental right for an identified segment of the population through a referendum. ”

David French, Director of the ADF Center for Academic Freedom, has taken up the issue of Yale University refusing to publish content on grounds that it could trigger Islamic violence. David writes at the National Review Phi Beta Cons Blog: “The very idea that there are certain citizens whose beliefs are beyond reproach or even mockery is offensive to the idea of democratic society. There is no subset of citizens who are entitled to be treated with kid gloves, and it is imperative that they learn this lesson sooner, rather than later. Moreover, the fears in this case should be reversed. It is those who seek to threaten, injure, or kill cartoonists and writers who should live in fear — the fear of lawful authority. Yet all too often we give the worst sort of person veto authority over our speech and in so doing encourage the very violence we seek to avoid.”

Related:

Yale University Press Buys Into the Bla
me-the-Speaker Approach

Dennis Prager: Now Yale Embarrasses the Idea of the Western University

Compounding Cowardice at Yale

Yale Press bans images of Muhammad in new book including depictions based on Dante

Americans United for Separation of Church and State: “Americans United for Separation of Church and State today challenged Illinois state government’s plan to distribute millions of dollars in state funds to religious organizations.”

This is the sixth lawsuit against the University of Wisconsin system in which ADF has been involved.

A lawsuit filed today in the United States District Court for the District of Columbia seeks to enjoin and overturn the controversial guidelines for public funding of embryonic stem cell research that the National Institutes of Health issued on July 7, 2009.

Christian Newswires carries this release by the American Life League: “Students at Catholic universities across the nation are banding together with students at Belmont Abbey College in a stand for religious liberty and conscience rights.”

Christian Newswire: “Survivors of the Abortion Holocaust announced they will be organizing with pro-lifers throughout California to campaign against tax-funded abortion in Obama’s Healthcare Reform bill.”

AP: “A judge has set a Jan. 11 trial date for a federal lawsuit challenging California’s gay marriage ban.”

AP: “The federal government must have probable cause to seize an organization’s assets even when it involves national security, a federal judge ruled in a case involving an Ohio-based charity accused of having ties to the militant Islamic group Hamas.”

ACLU: Court Rules Government’s Freeze Of Charity’s Assets Unconstitutional

Order: KindHearts for Charitable Humanitarian Development, Inc. v. Geithner et al.

ACLU: “Today Judge Vaughn R. Walker of the U.S. District Court in San Francisco denied the request of Our Family Coalition; Lavender Seniors of the East Bay; and Parents, Families, and Friends of Lesbians and Gays (PFLAG) to join Perry v. Schwarzenegger, a federal lawsuit challenging California’s Proposition 8.”

LifeSiteNews: “A study led by Susan Cochran and her team of researchers from the University of California, Los Angeles, published in the open access journal BMC Psychiatry, reports that homosexuals seek treatment for mental health issues or substance abuse at a rate over two times higher than heterosexuals.”

LifeSiteNews: “Newsweek’s Sarah Kliff added her voice to the media campaign softening the image of late-term abortionist LeRoy Carhart on Saturday with her report ‘The Abortion Evangelist’, but says she did not anticipate and has difficulty explaining her emotional reaction to witnessing Carhart actually take the life of an unborn child.”

Alliance Defense Fund attorneys submitted a brief in federal court Monday in response to the claim of New York’s Mount Sinai Hospital that a pro-life nurse who sued the hospital has no right to defend herself in court. A

Nathan Cherry writes at The Engage Family Blog of the Family Policy Council of West Virginia: “The West Virginia Ministries of the Church of God passed a resolution Friday affirming marriage as the union between one man and one woman. The resolution also committed the denomination’s supportfor efforts to legally protect marriage in the West Virginia Constitution.”

WFTV.com: “More than 300 Brevard County residents packed the Senior Resource Center in Viera. A resounding majority of them told the AARP they did not want the so-called ‘public option,’ where the federal government provides an insurance plan to compete with the private sector.”

CNSNews: “The health care reform bill approved by the Senate Health, Education, Labor and Pensions Committee (HELP) would provide federal grants to state and local governments and a ‘national network of community-based organizations’ to ‘promote healthy living and reduce disparities’ and to monitor people’s weight, eating, exercise habits and other individual behaviors that affect health at the community level . . . the Kennedy health care bill does not say which ‘national network of community-based organizations’ is eligible to participate. Sen. Chris Dodd (D-Conn.) said that it is possible that the controversial group ACORN could qualify for the available grants.”

The Zimdiaspora: “HIV and gay activists in Swaziland are calling for the legalisation of prostitution and gay marriages to bring the spread of the HIV epidemic under control. Speaking at the country’s National Smart Partnership Dialogue in Manzini on Wednesday, Swaziland Aids Support Organisation (SASO) spokesperson, Vusi Matsebula, said it was necessary to conduct a study to look at the role prostitutes play in the spread of the disease.”

Evangelical Examiner: “The city of New Haven has agreed to a court order issued Monday that will allow a man to resume expressing his Christian faith on public sidewalks . . . The consent order was issued by the U.S. District Court for the District of Connecticut in Morrell v. City of New Haven. Alliance Defense Fund served as Mr. Morrell’s legal counsel.”

Evangelical Examiner: “‘Churches shouldn’t be discriminated against for their beliefs,’ said ADF Litigation Counsel Daniel Blomberg. ‘We are pleased that Broome Community College now recognizes the constitutional right of churches and other religious groups to meet in public meeting facilities on the same terms as other groups.’”

LifeSiteNews: “Under heavy pressure from EU leadership, the Irish government agreed to hold a second referendum on the Lisbon Treaty on October 2nd this year. Pro-life and pro-democracy campaigners have warned that acceptance of Lisbon will strip EU member states of the right to retain or pass laws on abortion and a host of other widely disparate issues.”

LifeSiteNews: “A young Massachusetts man is in custody after allegedly stabbing his ex-girlfriend, reportedly in anger that she would not abort their unborn child, according to police.”

LifeSiteNews: “The two women, who have undergone mastectomies and testosterone treatment, believe that even though they still have female reproductive systems, their outward demeanor and hormone regimens make them men.”

LifeNews: “The pro-life movement has been working overtime to educate Americans about the fact that the health care bills in Congress would result in massive abortion funding. Despite a slew of mainstream media stories to the contrary, the public appears to have received the message.”

Keith Pavlischek writes at First Things “First Thoughts” blog: “[A]nyone who has been paying attention knows full well that Obama and his crew are not interested in reducing the number of abortions. How do we know this? We know it because Obama and crew keep telling us that they are not interested in reducing the number of abortions. Sooner or later you would think these moderate and progressive Evangelicals would get the message.”

“Oklahoma County District Judge Vicki Robertson said the law violated constitutional requirements that legislative measures deal only with one subject.”

Pacific Justice Institute: “‘The San Francisco region is without a doubt one of the most hostile places in the country toward religious liberties and values,’ noted Brad Dacus, president of the Pacific Justice Institute. ‘But with growing challenges come greater opportunities. We are thrilled to have a new way to serve the courageous faith community in the Bay Area, and also to provide resources for our many affiliate attorneys in San Francisco, Oakland, San Jose, and nearby cities.’”

Jim Daly, president and CEO of Focus on the Family, writes at the U.S. News & World Report “God & Country” blog: “So, what should President Obama do? At a minimum, he should promote policies ensuring a woman’s informed consent before she receives an abortion, including the opportunity to view an ultrasound image of her child. Our research indicates that of those women still at risk for abortion after counseling, 65 percent expressed their intent to carry their baby to term after viewing the ultrasound image.”

Star News Online: “While Mr. Olson came to the case by a serendipitous route that began late last year with Rob Reiner, a Hollywood director widely known for his Democratic activism, he said his support of same-sex marriage stemmed from longstanding personal and legal conviction. He sees nothing inconsistent with that stance and his devotion to conservative legal causes: The same antipathy toward government discrimination, he said, inspired him to take up another cause that many on the right applauded — a lengthy campaign to dismantle affirmative action programs.”

Bruce Ledwitz writes at The Huffington Post: “I am proposing instead that the principle of government neutrality toward religion be retained but that certain religious symbols under certain circumstances be regarded as encompassing both religious and nonreligious messages. As long as government plausibly justifies religious imagery in nonreligious terms, its use would be constitutional. For example, the phrase in ‘God We Trust’ means the biblical creator to many religious believers. But it can also mean that we acknowledge that there are binding standards of right and wrong, such as the anti-torture principle, to which America is subject.”

Reason Magazine:”Two years ago, the Senate rejected an attempt to regulate ‘astroturf,’ professional political agitation aimed at stimulating (or simulating) grassroots activity. Recently that measure’s supporters have been saying ‘I told you so,’ citing the debate over who is behind boisterous criticism of President Obama’s health care agenda at congressional town hall meetings.”

Nat Hentoff writing in the Jewish World Review: “No matter what Congress does when it returns from its recess, rationing is a basic part of Obama’s eventual master health care plan . . . This end-of-life consultation has been stripped from the Senate Finance Committee bill because of democracy-in-action town-hall outcries but remains in three House bills. A specific end-of-life proposal is in draft Section 1233 of H.R. 3200, a House Democratic health care bill that is echoed in two others that also call for versions of ‘advance care planning consultation’ every five years — or sooner if the patient is diagnosed with a progressive or terminal illness.”

LifeSiteNews: “A young Massachusetts man is in custody after allegedly stabbing his ex-girlfriend, reportedly in anger that she would not abort their unborn child, according to police.”

CNN: “The Obama administration is looking hard at pushing through a health care reform bill without Republican backing, top Democrats close to the White House told CNN . . . Democratic success could depend on an obscure tactic called reconciliation, a type of budget maneuver that requires only a simple majority — 51 votes — to pass.”

LifeNews: “The president of Belmont Abbey College, a Catholic school, says he will close the college before it gives in to an Obama administration ruling forcing it to provide contraception coverage in its insurance plans for employees. The EEOC ruled the school must provide the coverage, even though it violates Catholic teachings.”

New Zealand Herald: “The acting head judge of the Family Court has called for gay and lesbian couples to be given rights to adopt children, just as a private member’s bill on the issue goes into the ballot for Parliament’s order paper today.”

NYCLU: “The New York Civil Liberties Union has filed a federal lawsuit against the Mohawk Central School District in Herkimer County for failing to protect a gay student who does not conform to masculine stereotypes from vicious and relentless harassment, physical abuse and threats of violence.”

Billings Gazette: “With less than a week before classes are set to start at Cody High School, board members of Park County School District 6 made clear Tuesday that they will not soon reconsider decisions made over the past several months about the school’s health and sex education curriculum. Following a report by an 18-member advisory group, the board voted in June to bar community groups, including Northwest Family Planning, from teaching or serving as guest speakers at health classes dealing with contraception.”

News 24: “Foreign pornography producers are suing South Korean Internet users for breach of copyright by uploading their content onto local websites, police said on Thursday. In an unusual case, a local law firm representing 50 US and Japanese porn producers has filed suit against about 10 000 heavy uploaders.”

Des Moines Register: “The state’s top civil rights advocates will vote Thursday on whether to formally support the state Supreme Court’s decision allowing gay marriage and to oppose a constitutional amendment to overturn the decision.”

2theadvocate.com: “The Tangipahoa Parish School Board unanimously approved Tuesday night a change in its policy on prayer and invocations at the opening of its meetings, a policy that is the subject of an upcoming trial in U.S. District Court at New Orleans . . . the School Board’s attorney in this matter — Mike Johnson of the Christian legal fund, The Alliance Defense Fund — advised the board to make the change to clear up a ‘gray area’ by including the traditions of parish residents who attend services outside of the parish.”

One News Now: “The founder of the Home School Legal Defense Association says home schooling in Sweden will soon be banned altogether, with a few minor exceptions.”

WorldNetDaily: “A public college that banned a church from meeting on its property has scrapped its policy of discrimination and is now allowing equal access to campus facilities . . . ADF Litigation Counsel Daniel Blomberg said in a statement: ‘Churches shouldn’t be discriminated against for their beliefs. We are pleased that Broome Community College now recognizes the constitutional right of churches and other religious groups to meet in public meeting facilities on the same terms as other groups.’”

Boise Secular Humanist Examiner: “The seemingly never-ending saga of controversy and debates on the use of the Bible by the Nampa Classical Academy seems to have come to a rest for the time being . . . The controversy peaked when on Aug 14, 2009 when a religious advocacy group, the Alliance Defense Fund from Arizona, presented a 15-page document to the Idaho Public Charter School Commission, stating that Nampa Classical Academy’s use of the Bible was consistent with Idaho’s Constitution.”

National Center for the Study of Privatization in Education: “As school choice and privatization schemes increase in popularity, the effects of different forms of school sponsorship on student performance are increasingly a subject of debate among policymakers and scholars. One view is that the necessity of making a profit may motivate for-profit firms to make efficient decisions that will translate into better managed schools and ultimately into higher student achievement. Another perspective is that non-profits are socially mission-driven and may provide a greater focus on serving disadvantaged families with the greater costs of educational investments needed by these children. Using Chile as a case study, Gregory Elacqua weighs the evidence supporting these theories.”

ThePeterBoroughExaminer.com: “Jayson McConnell admitted that he plunged a knife into two men’s abdomens and one man’s chest during a fight in a parking lot near Lansdowne St. E. and Ashburnham Dr. The fight moved to the parking lot from Thursdays after bouncers kicked McConnell and his friend, Jeffrey Nielsen, out of the strip club.”

A federal judge held that “a South Carolina law limiting the placement of billboards advertising adult businesses is unconstitutional.” The Sign Statute at issue, S.C. Code Ann. § 57-25-145 (enacted in 2006), “prohibits most businesses which offer sexually-oriented materials or entertainment from using any ‘offpremises, outdoor advertising . . . located within one mile of a public highway.’” Grandfathered signs, such as those at issue in this case, were given until February 2009 to come into compliance with the law. Carolina Pride sued and was granted a preliminary injunction–and the government appealed.

Andy Kessler writes at the Wall Street Journal: “Some might say it is time to rethink our national communications policy. But even that’s obsolete. I’d start with a simple idea. There is no such thing as voice or text or music or TV shows or video. They are all just data. We need a national data policy, and here are four suggestions . . . ”

EdNews.org: “In a lawsuit filed this month, the organizers contend that Evers and Marquette University violated the due process clause of the U.S. Constitution’s 14th Amendment by turning over the legislative authority to approve voucher schools to a private party, the Institute for the Transformation of Learning at Marquette.”

“Once again public officials are mistakenly equating the liberty of conscience with individual autonomy, failing to see the importance of institutional venues for living out shared moral convictions.”

Martha Albertson Fineman, Religious Resistance to Family Law Reform in the US (June 24, 2009). Emory Law Public Law Journal, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1424965

“This article traces the religious roots of American family law and the way that those roots still impact possibilities for and reaction to reform of law and the ways in which they shape contemporary politics in the United States.”

Hillel Y. Levin, Resolving Interstate Conflicts Over Marriage, Marriage-Like, and Marriage-Lite Relationships (August 18, 2009). UGA Legal Studies Research Paper No. 09-013. Available at SSRN: http://ssrn.com/abstract=1457082

“What happens when a same-sex couple married in a Marriage state moves to a Marriage-Like state; or from a Marriage-Like to a Marriage-Lite state; or from a Marriage-Lite to a Marriage state – and so on? Do they keep their rights and responsibilities; do they lose them as they cross the border; does it depend, and if so, on what?”

Abortion Rights for ICE Detainees: Evaluating Constitutional Challenges to Restrictions on the Right to Abortion for Women in ICE Detention
Alexandria Walden, 43 U.S.F. L. Rev. 979 (2009)

“No administrative agency has considered whether a woman in ICE detention has a constitutional right to access abortion services. However, courts have addressed the broader issue of access to healthcare for ICE detainees, as well as for prisoners generally. This Comment argues that women in ICE detention have three cognizable constitutional claims when their right to choose to terminate a pregnancy is restricted or denied by detention policies and/or officials.”

Blessed Be the Name of the Code: How to Protect Churches From Tithe Avoidance Under the Bankruptcy Code’s Fraudulent Transfer Law
Judd M. Treeman, 25 Emory Bankr. Dev. J. 599 (2009)
“The Bankruptcy Code treats debtors’ tithes as constructively fraudulent transfers per se and disgorges them from unsuspecting churches drawn into debtors’ bankruptcies. Unlike most creditors, churches rely on tithes for their financial wellbeing and thus have unique and important interests at stake when a tithing debtor files bankruptcy. Courts and Congress have tried to prevent the Code’s fraudulent transfer law from disgorging tithes, but they have failed to protect the unique church interests most sharply affected in such cases. Their approaches leave church interests dependent upon debtors’ conduct and subordinate to creditors’ interests. This Comment explains how courts and claimants should use existing federal religious liberty law as a simpler and more direct approach to protecting churches’ interests in tithe avoidance cases.”

The Uniting American Families Act: A Critical Analysis of Legislation Affecting Bi-National Same-Sex Couples
Rebecca Walters, 17 Am. U. J. Gender Soc. Pol’y & L. 521 (2009)
“This Comment analyzes the Uniting American Families Act (UAFA or the Act) through a variety of different lenses in order to evaluate the Act’s potential to achieve immigration equality for bi-national same-sex couples.”

Empty Promises? How State Procedural Rules Block LGBT Minors from Vindicating Their Substantive Rights
Sara Jeruss, 43 U.S.F. L. Rev. 853 (2009)
“Part I discusses the unique situations LGBT adolescents face and how a right of access to courts would help these minors. Part II discusses United States Supreme Court jurisprudence regarding parents’ rights and minors’ rights, and how to resolve conflicts between the two. Part II concludes that the Supreme Court has consistently privileged the best interests of the minor and recognized the importance of assisting minors in making informed decisions and developing into mature adults.”