Daily Archives: October 2, 2009

CitizenLink: “In an about-face, the U.S. Forest Service has decided it will not prohibit Christian messages on ornaments for the Capitol Christmas Tree, following a letter from the Alliance Defense Fund (ADF).”

O’Reilly Factor on Fox News (links to video): “In the ‘Culture Warriors’ segment tonight: Did you know some colleges have to tell their students they can’t have sex in front of their roommates? Did you know that? It’s happening. But first, another controversial California lesson plan in public schools. Some middle and high school students apparently being shown films produced by a gay media group in San Francisco, including this one about cross-dressing.”

Sioux City Journal (AP): “Two South Dakota pregnancy counseling centers have joined the state in appealing a ruling that struck down two provisions of a 2005 law requiring informed consent to abortion . . . Harold Cassidy, an attorney for the groups intervening, said they also appealed to the full court because it has already heard the case and ruled on parts of it, and the issue is significant.”

AZ Daily Star: “A Pima County jury has again convicted a Tucson man of first-degree murder in a September 2006 slaying outside a local strip club. Vladimir Garcia Soza is again facing a life sentence . . . ”

European Voice: “The senators want the court to examine whether the Lisbon treaty and other EU treaties infringe Czech sovereignty and create a European federal super-state. They also want the court to rule if the Irish guarantees on the implications for tax, neutrality and ethical issues in the Lisbon treaty constitute a new international treaty and need to be ratified by the Czech parliament.”

AFP: “A Russian court on Friday dismissed a long-shot libel suit filed by gay activists against Moscow’s veteran mayor in a ruling that they described as a blow to human dignity in Russia.”

Maumelle Monitor: “A sexually oriented business has shut down after being told it was in violation of zoning laws in Pulaski County.”

Christianity Today: “One of the first cases for the reconvened Supreme Court will address a cross displayed in the Mojave Desert in California . . . High school cheerleaders in Georgia are no longer allowed to carry a banner with Bible verses at their home games. ‘In God We Trust’ will be engraved on the Capitol Visitor Center. New Hampshire will not ban the phrase ‘under God’ from its schools. And the Alliance Defense Fund opposes a policy prohibiting religious themes on the Capitol Christmas Tree.”

The Center for Arizona Policy has published this FAQ discussing the Arizona Abortion litigation. ADF is mentioned.

The October 2009 issue of the Riverside Lawyer, a publication of the Riverside County Bar Association, has a spotlight piece on ADF allied attorney Richard D. Ackerman.

The Impact of Religion on the Law is the topic for discussion in the October 2009 issue of the Riverside Lawyer (Vol. 58, No. 9). It includes these articles:

• Hearing the Call Defend Something Greater Than Yourself by Richard D. Ackerman
• Separation of Religious Faith and Government Power by Joseph Peter Myers
• Religion and Law by Richard Brent Reed

“The Texas Attorney General will appeal the ruling and Alliance Defense Fund attorneys are planning to file a friend-of-the-court brief opposing the Texas court’s ruling . . . ”

In Klein v. San Clemente, No. 08-55015 (9th Cir., Oct. 2, 2009) the U.S. Supreme Court for the 9th Circuit reversed a district court (C.D. Cal.) decision denying leaflet distributor Steve Klein a preliminary injunction against a San Clemente anti-litter ordinance that prohibits “deposit[ing] any commercial or noncommercial advertisement in or upon any vehicle.”

Compass Direct News: “Islamic militants in Somalia this week killed a woman who led an underground Christian movement in the war-torn country . . . Hussein’s death comes a few weeks after the rebel militants killed another one of the leaders of Somalia’s Christian movement for distributing Bibles.”

The Guardian: “Opponents of the EU Lisbon treaty have gained ground over the last 48 hours by linking the vote to the unpopularity of the ruling coalition, an Irish government adviser told the Guardian today. The adviser warned the outcome would be ‘tight’ because of the No camp’s strategy to target Brian Cowen, the Irish taoiseach.”

Wesley Smith writes at CNSNews: “Increasing supply is a worthy goal only so long as the organs are obtained ethically. But there is a growing chorus among the Medical and Bioethical Intelligentsia to obtain more organs by harvesting living patients. Yes, some of our most influential voices now seek a license to kill for organs.”

ADF attorney Erik Stanley appeared on the Reality Check with Mike and Clairie Monokian to discuss the Pulpit Initiative.

The MP3 runs just under 9 minutes.

ADF Pulpit Initiative

ADF Media: Pastors ready for second annual Pulpit Freedom Sunday on Sept. 27

NY Times Blog: ‘The Battle of DADT is over, and the mopping-up operations are ready to begin.’ That’s Mark Kleiman’s assessment of the effort to end Don’t Ask, Don’t Tell, the Clinton-era law that ‘requires homosexuals in the services to keep their sexual orientation secret.’ What prompted Kleiman’s assertion is a new essay — ‘The Efficacy of Don’t Ask, Don’t Tell’ — in a military journal.”

“Senate Majority Leader Harry Reid wants to hear from the Obama administration on how to overturn the ‘don’t ask, don’t tell’ ban on gays serving openly in the military.”

NTDaily.com: “For now, UNT’s Homecoming Court will retain its traditional heterosexual structure as a result of last night’s Student Senate meeting.”

William E. May writes at the Culture of Life Foundation: “This first part of a two-part essay addresses the matters identified in the title above. Part II will examine the thought of leading proponents of the ‘new biology’s’ eugenic program . . . The first major thesis underlying this eugenic program is the claim that ‘membership in the human species is not of itself of moral significance and that those who think that it is are guilty of ‘specieisism,’ which is like racism or sexism.’ . . . The second major thesis of the ‘new biology’s eugenic program’ is rooted in the distinction between genital sex that is ‘baby-making’ and genital sex that is ‘love-making.’ This distinction was made possible by contraception, in particular the pill, and was expanded enormously by the development of the ‘new reproductive technologies’ noted already.”

LifeSiteNews: “183 Congressional representatives have signed a letter to House Speaker Nancy Pelosi demanding that Congress be allowed a free vote on bipartisan pro-life measures that would truly prohibit government funding of abortion in health care.”

LifeNews: “The Parliamentary Assembly of the Council of Europe (PACE) will not vote on a pro-abortion resolution as it was scheduled to do today. It’s sponsor, MP Christine McCafferty, pulled the measure over the lack of vote after pro-life groups raised a strong opposition to it.”

LifeNews: “Bart Stupak, the Michigan Democratic congressman who is leading the fight to stop abortion funding in health care, isn’t confident about his prospects for success of getting an amendment to do that. So he is challenging President Barack Obama to make good on his promise of no abortion funding.”

Religion Clause Blog: “In Mahoney v.District of Columbia, (D DC, Sept. 30, 2009), the D.C. federal district court rejected claims by several Christian anti-abortion protesters that their rights were infringed when they were denied permission to use chalk art as part of an anti-Roe v. Wade demonstration on the pedestrian plaza in front of the White House.”

“We are now fast approaching a point where young Westerners, indoctrinated with anti-Western hatred, not only do not receive a correction from their parents, but in many cases not even from their grandparents.”

Religion Clause Blog: “The New York Times this morning editorializes on a decision handed down three weeks ago by the Alabama Supreme Court, 1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009). In a 7-2 decision, the court upheld against constitutional attack Alabama’s ban on the commercial distribution of sex toys . . . The court concluded that ‘public morality’ can serve as a legitimate rational basis for regulating non-private commercial activity . . . ”

Eugene Volokh: “That’s what it looks like, with this Joint U.S./Egypt draft U.N. Human Rights Council resolution (dated Sept. 2005) . . . I’m worried that it might be a step backward for our own constitutional rights, because of what seems to be the U.S. endorsement of the suppression of ‘any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’ and possibly of ‘negative stereotyping of religions and racial groups.’”

Guardian: “After complaints about American dominance of the internet and growing disquiet in some parts of the world, Washington has said it will relinquish some control over the way the network is run and allow foreign governments more of a say in the future of the system.”

Google News (AP): “Washington, D.C., councilman says he’ll introduce a bill next week to allow same-sex couples to wed. D.C. Councilman David Catania says he plans to introduce the bill Tuesday.”

The draft bill is called the “Religious Freedom and Civil Marriage Equality Amendment Act of 2009.”

One News Now: “However, in the Senate Finance Committee Wednesday — by near party-line votes — Democrats rejected separate amendments that would have prohibited federal funding of abortion and required people to prove their identity with photo identification when signing up for health insurance or tax credits under healthcare reform.”

CNSNews: “The protest in tiny Gate City, Va., comes in response to an earlier letter that ACLU of Virginia Executive Director Kent Willis sent on Sept. 15 to Gate City High School expressing his concern that a student, who had prayed over the public address system before a recent football game, ended his prayer with, ‘in Jesus’ name.’””

National Catholic Reporter: “Miguel Diaz presented his credentials to Pope Benedict XVI this morning as President Barack Obama’s ambassador to the Holy See, and the new envoy drew a pledge of cooperation on international issues from the pope, as well as clear insistence upon ‘the inalienable right to life from the moment of conception to natural death,’ as well as ‘the right to conscientious object on the part of health care workers, and indeed all citizens.’”

Law.com (Texas Lawyer): “He said, ‘I have no idea what they are doing,’ about his fellow justices who speak more often in oral arguments and speculated that other justices may be seeking ‘to get a chuckle out of the audience.’”

Celebrity Cafe: The judge’s ruling said anti-gay marriage groups must provide records associated with last fall’s campaign to ban gay marriage in California to the State . . . ProtectMarriage.com is the sponsor of Prop 8, the voter-approved referendum that ended gay marriage in California, and is represented by the Christian conservative group the Alliance Defense Fund.

On Top Magazine: “A federal judge ruled Thursday that an anti-gay marriage group must provide records associated with last fall’s campaign to ban gay marriage in California, The Associated Press reported . . . ProtectMarriage.com, represented by the Christian conservative group the Alliance Defense Fund, argued that making Proposition 8 discussions between top campaign officials public would violate the group’s free speech rights and subject supporters to harassment.”

Sacramento Bee: “The Lodi City Council on Wednesday night, before more than 700 onlookers, decided to support a more inclusive policy that opens the invocations to nonbelievers and a wide range of believers . . . The Turlock City Council on Sept. 8 adopted an invocation policy suggested by the Alliance Defense Fund, a group that has sought to counter the foundation’s warnings.”

The Register-Guard: “Oregon State University students who publish a journal of ‘conservative, libertarian and independent thought’ have filed a federal lawsuit in Eugene, alleging disparate treatment by university officials who have limited its on-campus distribution to two sites . . . Student publishers of The Liberty are being represented in their lawsuit by attorneys from the Alliance Defense Fund, a California-based Christian advocacy organization.”

ABC 15: “Five thousand Arizona children have been working for weeks to create symbols of Arizona, to hang on an 85-foot blue spruce which will be harvested near Springerville . . . But the project has not been without controversy. Earlier this year, the Obama administration banned any decorations with a religious or political theme. The Alliance Defense Fund, a legal group representing religious groups, has written a letter protesting the decision, and is threatening to file a lawsuit by October 4 if it isn’t overturned.”

crosswalk.com: “Religion News Service reports that Arizona schoolchildren are busy making 5,000 ornaments to decorate the 2009 Capitol Christmas Tree, but have been told by federal officials that the ornaments ‘may not reflect religious or political themes’ . . . ‘Banning Christmas from the Capitol Christmas tree is just absurd,’ said Jonathan Scruggs, litigation staff counsel for the Alliance Defense Fund (ADF).

” . . . Today, Eva Malecki of the office of the Architect of the Capitol told WND the ban on ‘religious speech’ on the ornaments was an old rule that had been discontinued some years ago.” (WorldNetDaily)

New York Times: “[T]he Lodi City Council decided Wednesday night that it was appropriate to pray before meetings as long as the prayers took place before the opening gavel, and did not promote a specific religion or try to convert anyone. Atheists are also invited to speak . . . J. Michael Johnson, a senior legal counsel for the fund, accused the Freedom From Religion Foundation of trying to ‘pick on these small-town governments and trying to bully them into submission’ adding that many legislative bodies pray before taking up the agenda.”

The Oregonian: “A conservative student group has accused leaders of Oregon State University in federal court of violating students’ right to free speech by restricting distribution of a student-run newspaper on campus . . . ‘In this case, it seems like these students have viewpoints that aren’t favored by the university, and they are being treated differently because of that,’ said Heather Gebelin Hacker, an attorney representing the student group for the Alliance Defense Fund.”

CitizenLink: “Arizona students were asked to create thousands of ornaments for this year’s national Christmas tree — but officials specifically directed them not to include religious references. Jonathan Scruggs, staff counsel for the Alliance Defense Fund (ADF), called that instruction ironic. ‘The whole origin of Christmas is religion,’ he said.”

AP: “A Pittsburgh-area community college caught up in a free-speech dispute says it will no longer require students to get approval to pass out leaflets.”

“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 . . . Today’s topic: Who should have standing to sue over displaying religious icons on public land?”

LifeNews: “More and more teenagers and college students are preparing for the next Pro-Life Day of Silent Solidarity, where the ubiquitous red tape will be present again . . . Over the past few years many schools have tried to stop students from participating and quash their First Amendment rights. Every year, attorneys from the Alliance Defense Fund defend these students and file lawsuits to protect their rights.”

Gary Palmer writes at the Alabama Policy Institute: “In addition to trying to convince the American public that our health care system is bad, Democrats have also promoted the false argument that our choices for reform are limited to keeping the system the way it is now or dumping the system we have entirely and adopting a government-run health care system. Yes, I am aware that the liberal media and some of the Democrats are saying that the public option is not a government takeover of the health care system. But the truth is they all know the government plan will eventually put insurance companies out of business and everyone will eventually be in the government-run system. These are not our only options for reform.”

AP: “The future of the European Union hung in the balance Friday as Ireland’s voters decided once again whether to ratify a treaty aimed at making the 27-nation body more decisive and effective.”

The Center for Vision & Values: “Our currency is headed for a free-fall off a cliff in the international foreign-exchange markets. Why is this almost a certainty? . . . Economic warfare against the United States is now a very real possibility. Should China and a like-minded group of other non-citizen holders of U.S. debt wish to diversify away from an excessive exposure to the U.S dollar, then our government’s ability to secure financing could become seriously questioned. In addition, our ability to conduct foreign policy and military operations anywhere in the world would also have to factor in the calculus of future financing. ”

The Role of History in Judging Disputes About the Meaning of the Constitution
Jeffrey S. Sutton, 41 Tex. Tech L. Rev. 1173 (2009)

“What makes Heller and Boumediene noteworthy is that all nine Justices agreed that they should consult the historical record; they disagreed only over how to read that record. And while these two decisions were the 2007 Term’s most high-profile cases, they were not the only ones premised on the Court’s reading of history.”

“A judge in Dallas ruled on Thursday that the state court on which she sits has the jurisdiction to hear a divorce suit by a gay couple who were married outside Texas where same-sex marriages are banned.”