Daily Archives: September 30, 2009

LifeSiteNews: “Attorneys with the Alliance Defense Fund (ADF) called on Arizona state and federal officials on Monday to stop enforcing a requirement prohibiting the state’s schoolchildren from expressing religious viewpoints through Christmas themes while decorating ornaments for the 2009 Capitol Christmas Tree . . . ‘Banning Christmas from the Capitol Christmas tree is just absurd. Christian students shouldn’t be discriminated against for expressing their religious beliefs,’ said ADF Litigation Staff Counsel Jonathan Scruggs.”

Liberty Counsel: “Today the Christian Action Network (CAN) filed a federal lawsuit against the state of Maine for censoring a fundraising letter state officials claimed contained ‘an inflammatory anti-Muslim message.’ Maine officials fined and banned CAN from mailing any future letters under the threat of criminal prosecution. Liberty Counsel represents CAN . . . ”

“Salazar vs. Buono . . . Erwin Chemerinsky and Joseph Infranco debate the case and its possible implications, including whether any religious symbol should be permitted on government land and who should have the standing to sue over such displays.”

Federal court denies Tucson Women’s Center attempt to stop act protecting women, state court allows Planned Parenthood assault on new state law that fully informs women.

Catholic News Agency: “A law professor [Chai Feldblum] nominated by President Obama to become a commissioner for the Equal Employment Opportunity Commission was a signatory to a radical 2006 manifesto which endorsed polygamous households and argued traditional marriage should not be privileged ‘above all others.’”

Judie Brown, president and co-founder of American Life League, responds to Clarke Forsythe, senior legal counsel at Americans United for Life, on personhood amendments and the correct interpretation of Roe v. Wade.

On October 7th, the U.S. Supreme Court will hear arguments in Salazar v. Buono, No. 08-472.

“China appears to be at the edge of an historic demographic transition, setting the country on a path to grow old before it becomes prosperous.”

“Based on this research, it is not time for the administration to reexamine the issue; rather, it is time for the administration to examine how to implement the repeal of the ban.”

The paper, The Liberty, had its distribution bins–containing copies of the latest issue of the paper– thrown next to a dumpster by university officials . . . the other student newspaper was left untouched.

Republican Rep. Dan Itse . . . said Wednesday he will sponsor two constitutional amendments when the Legislature reconvenes in January.

LifeSiteNews: “The attorney representing the pro-lifers arrested while protesting Obama at Notre Dame today repeated his request that the judge in the case, who is married to a pro-abortion Notre Dame professor, be removed from the case.”

Tim Samuels writes in The Guardian: “One of the unforeseen consequences of globalisation is the shocking effect that western porn is having in parts of the developing world.”

LifeNews: “On a 13-10 vote, the Senate Finance Committee rejected amendments from Sen. Orrin Hatch that would have the bill conform to current federal law prohibiting direct abortion funding.”

LifeNews: “A bipartisan group of 183 members of Congress sent House Speaker Nancy Pelosi a letter on Monday urging her to allow a vote on an amendment to cut the massive abortion funding and subsidies from the main health care ‘reform’ bill in the chamber.”

David Kopel writes at the Volokh Conspiracy: “An opinion released today by the Arkansas Attorney General says ‘no.’ Like most states, Arkansas allows adults to obtain a permit to carry a concealed handgun for lawful purposes, after passing a background check and safety class. Like a few states, Arkansas prohibits licensed carry in ‘Any church or other place of worship.’”

NBC New York: “More than 75 percent of New York voters mistakenly think sex ed is a part of the required school curriculum, while 85 percent want comprehensive sex education to be taught in school, according to a new study from Planned Parenthood of New York.”

Media Newswire: “The University of Scranton’s Schemel Forum will host a special session of its course on the separation of church and state. U.S. District Court Judges Thomas Vanaskie and John E. Jones III will join Morey M. Myers, Esq., for a class on Sept. 30 at 6 p.m. in the Pearn Auditorium on the 2nd floor of Brennan Hall at The University of Scranton.”

Gallup: “Americans now show a clear preference for the government’s promoting of ‘traditional values,’ a change from recent years, when the public’s views were more divided, but a return to the prevailing view from 1993 through 2004.”

“A state judge on Tuesday blocked implementation of several key parts of a new Arizona law restricting abortions, while allowing a few provisions to take effect.”

David Kopel reports at The Volokh Conspiracy: “The website for all the Chicago case filings is here. For 19th century history, Stephen Halbrook is by far the most important scholar. His articles include . . . ”

McDonald v. City of Chicago

Religion Clause Blog: “Trustees of Gallilee Pentecostal Church, Inc. v. Williams, (NY App. Div., Sept. 22, 2009), is a case in which plaintiffs sought a declaration as to who are the legal trustees and members of the Gallilee Pentecostal Church in Poughkeepsie, New York . . . ”

Religioun Clause Blog: “In the first ruling of its kind in Germany, the Berlin administrative court has ruled that Diesterweg High School in Berlin-Wedding must allow a Muslim student known in the litigation as Yunus M. to pray 10 minutes each day in a separate classroom. Deutsche Welle reported yesterday . . . ”

Religion Clause Blog: “Two cases before the U.S. Supreme Court this term, Graham v. Florida and Sulivan v. Florida, appear to have become vehicles for those filing amicus briefs to duel over the U.N.’s Convention on the Rights of the Child which conservative Christian groups fear the U.S. Senate may ratify. They claim the Convention would infringe parental rights.”

LA Church & State Examiner:”The Sacramento Bee is reporting that Hansen said, ‘I’m leaning toward having an opportunity for any individual to offer a prayer prior to the council meeting, and the prayer would be uncensored.’ Hansen said also he is leaning toward following a policy suggested by the Alliance Defense Fund (ADF), which would specify that the prayer is not part of the council agenda.”

One News Now: “A California woman has settled a lawsuit against her former doctors who denied her artificial insemination based on her sexual orientation, attorneys for both sides said Tuesday.”

Sacramento Bee: “The question is: Should the City Council allow invocations that call on Jesus at its public meetings? . . . ‘[The Freedom From Religion Foundation] is on a search-and-destroy mission for all things religious,’ Johnson said. ‘They don’t hide that fact. For whatever reason, they have targeted one of our oldest and most cherished traditions, the opening of public proceedings with prayer, which dates to the Continental Congress.’”

East Valley Tribune: “Sen. Linda Gray, R-Glendale, a supporter of the law, said part of the reason for Planned Parenthood’s victory was the refusal of Daughton to let two anti-abortion groups and their allies to actively participate in the case and defend the laws. The judge rejected arguments by attorneys for the Center for Arizona Policy and the Alliance Defense Fund that the interests of those who support the restrictions would not be adequately represented by the state Attorney General’s Office.”

Associated Press: “A state judge has blocked implementation of key parts of a new Arizona law restricting abortion . . . There is no word if the state will appeal the decision, but the reason they don’t agree with it is ‘it’s a battle against bad medical practice,’ according to Steven Aden, Alliance Defense Fund.”

CitizenLink: “On Sunday, more than 80 pastors across the nation openly defied a 1954 amendment by then-Senator Lyndon Johnson, that restricts political speech from the pulpit. The Pulpit Initiative is sponsored by the Alliance Defense Fund (ADF).”

SC Magazine: “According to a report on BBC News, members of ICANN, which oversees the net’s naming system, will vote on a plan to relax the strict rules on so-called top-level domain names. If approved, it is likely to mean that X-rated adult sites could soon start to use the name .xxx alongside .com for the first time.”

The Hill: “House liberals, challenged by House Speaker Nancy Pelosi to prove they can pass their preferred public option, are surveying the rest of the Democratic caucus Wednesday.”

The Hill: “Senate Majority Leader Harry Reid (D-Nev.) has cancelled the Senate’s Columbus Day recess so that lawmakers can focus on passing healthcare reform legislation during the week of Oct. 12.”

SCOTUS Blog links to the court order and highlights the cases granted review.

Click here to view the Community Defense Counsel abstract for 729, Inc., et. al. v. Kenton County Fiscal Court, No. 04-212-DOB (E.D. Ky., Sept. 24, 2009)

SCOTUS Blog: “Taking on a major new constitutional dispute over gun rights, the Supreme Court agreed on Wednesday to decide whether to apply the Second Amendment to state, county and city government laws.”

McDonald v. Chicago (08-1521)

Chattanooga Times Free Press: “Community members are rallying around Lakeview-Fort Oglethorpe High School cheerleaders after they were banned from displaying signs with Bible verses urging fans and players to ‘commit to the Lord’ and ‘take courage and do it.’”

Nicolette M. Priaulx, Testing the Margin of Appreciation: Therapeutic Abortion, Reproductive Rights and the Intriguing Case of Tysiąc v. Poland (September 7, 2009). Available at SSRN: http://ssrn.com/abstract=1469456

“In Tysiac v. Poland (2007) the Strasbourg Court ruled in favour of the applicant (who had been denied access to a lawful therapeutic abortion), finding that Poland had failed to comply with its positive obligations to safeguard the applicant’s right to effective respect for her private life under Article 8. Exploring this controversial judgment, the author assesses the claim that Tysiac marks a ‘radical shift’ on the part of the Court in creating a ‘right to abortion’. The author argues that while Tysiac makes an important addition to abortion jurisprudence, the notion it founds such a ‘right’ greatly overstates the legal significance of this case.”