Senate Ends Filibuster on Pro-Abortion Health Care Bill, Sets Christmas Eve Vote

The new abortion divide

Lawsuit settled over religious discrimination at Mesaba Airlines

    Minnesota Public Radio: “A federal judge has approved a settlement in a discrimination lawsuit involving Mesaba Airlines. U.S. District Judge Donovan Frank ruled Tuesday that $130,000 can be distributed to five people the U.S. Equal Employment Opportunity Commission said were victims of discrimination. The lawsuit, which was filed in September 2008, claimed that Mesaba violated the Civil Rights Act when the company terminated customer service agent Laura Vallejos because she refused to work on the Jewish Sabbath.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty
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  • Source: minnesota.publicradio.org

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Rwanda: Lawmakers seek to scrap article on homosexuality

OH: Liberty Township considers regulations for sexually oriented businesses

Oregon: Cascade Locks bridge nativity scene sparks protest

“Adult book store” suit against Portland, Randy Leonard moved to federal court

Iowa group plans push for marriage amendment

“Uganda government softens proposed anti-gay law”

Judge rejects mandatory condoms on LA porn sets

Corzine signs executive order to “help” N.J.’s non-public school children

Charlotte to consider domestic partner benefits

New Michigan Supreme Court rules may be unconstitutional

    Matthew Schneider, visiting professor at the Thomas M. Cooley Law School in Lansing, writing in The Detroit News: “On Nov. 25, the high court, in a 4-3 vote led by the court’s liberal wing, changed its rules on when justices should be banned from deciding cases . . . The new rule still allows justices to decide for themselves when to step off a case. But if a justice decides not to step down, the entire Supreme Court can second-guess the justice’s decision and kick him or her off the case. The old rule took effect when the justice was in fact biased, but the new rule forces a justice off when he merely appears biased in the eyes of a majority of four other justices.”


  • Posted: 12/23/2009
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  • Category: Bench & Bar
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  • Source: detnews.com

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Lithuania revises “gay promotion” law, rights activists still wary

The Middle East’s embattled Christians

City threatens to fine Milwaukee man with ten commandments sign in front yard

Senate bill poised for Christmas Eve passage with 60-39 cloture vote

China automaker to acquire Volvo from Ford+

ADF Alliance Alert Publication Schedule

    The ADF Alliance Alert Categorical Email Digest will not be delivered on Thursday, December 24th and Friday, December 25th.

    Some posts may appear on the website during these days.

    Normal publication will resume on Monday, December 28th.

    Merry Christmas!


  • Posted: 12/23/2009
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  • Category: ADF in the News

Iraq: Mosul attacks on two Christian churches

France proposes ban on Islamic veils

Victory for freedom of conscience as University of Minnesota backs away from ideological screening for Ed students

Illinois: Athiest display at state capitol causes furor

Final Senate healthcare vote bumped up to 7 a.m. on Thursday to ease travel

Pelosi, Reid to decide health care reconciliation behind closed doors?

Can Unwed Fathers Block Adoptions? Navigating a Tricky Legal Terrain

    Joanna L. Grossman writes at Findlaw: “Unwed fathers in most states do not have the same rights as unwed mothers vis-à-vis their children. Their parental rights turn not just on biology, but also on whether they have carried out the obligations of fatherhood and, in some situations, whether they have complied with technical legal requirements necessary to establish their status. The Nebraska case, In re Corbin J., reveals the limitations of this approach to determining legal fatherhood.”


  • Posted: 12/23/2009
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  • Category: Uncategorized
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  • Source: writ.lp.findlaw.com

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Ireland must not copy Britain’s anti-life teenage sex crisis

Christmas becomes a battleground in some US towns

Dayton resident intervenes against ACLU in Cheatham County

2nd Irish bishop resigns in sex-abuse scandal

Atlanta J. Constitution: “Anti-gay preaching goes too far”

    Mary Sanchez writes at the Atlanta Journal Constitution: “Is it fair to blame Warren for what fanatics do to homosexuals in Uganda, legally or otherwise, simply because he promotes the same Scripture-based view of homosexuality as evil? No, but it’s worth asking whether there isn’t something in that view that leads to treating gays and lesbians as somewhat lesser beings than heterosexuals . . . Here in America, one may find Warren’s view of human nature and sexuality merely idiotic and annoying. In less secular — or should I say less enlightened? — climes, those views are downright dangerous.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty
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  • Source: www.ajc.com

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Europe wants to divide Jerusalem

Abortion compromise language gets support from some Christian leaders

Merry Christmas: Obamacare Slaps $15,000 Annual Fee on Middle Class Families

    Terence P. Jeffrey writes at CNSNews: “The Congressional Budget Office’s analysis of the final Senate health care bill indicates it would slap a mandatory annual fee of about $15,000 on middle-class families that earn an annual income greater than 400 percent of the federal poverty level ($88,200 for a family of four) and are not provided with health insurance by their employer.”


  • Posted: 12/23/2009
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  • Category: Marriage & Family
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  • Source: www.cnsnews.com

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DeMint: Dems Illegally Sneaking Senate Rule Alterations Prohibiting Changes to Health Bill

UK: Critics attack DPP assisted suicide interim guidance

Kozinski vs. DOJ/OPM part III

    Volokh Conspiracy: “In the latest installment of Chief Judge Kozinski vs. DOJ(OLC)/OPM, discussed in my post below, Chief Judge Kozinski issued yet another order today, in apparent response to OPM’s statement on Friday refusing, based on DOJ/OLC’s advice, not to abide by his earlier orders.”

    Related:

    “Gay Marriage Gets Boost From 9th Circuit”

    “Federal Judges Go to Bar For Their Married Gay Employees”

    U.S. agency ordered by 9th Circuit to provide same-sex benefits


  • Posted: 12/23/2009
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  • Category: Bench & Bar
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  • Source: volokh.com

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Gov’t admits churches face Equality Bill legal battles

More UK adults planning to go to church this Christmas

MA: Group threatens suit over Chelmsford school’s holiday fundraiser

Top SC prosecutor, others probing health care deal

Senate may not have had enough votes to invoke cloture on healthcare

Belief and nonbelief are not equal

Charleston Restores Shelved Nativity Scene: Display will now include a Menorah, a Kinara and Santa Claus with elves and reindeer

Appeals court set to rule on fate of Soledad Cross

Home school parents face losing son to state

Temporary site found for Ten Commandments

David French: Christmas “Over There”

    David French, Director of the ADF Center for Academic Freedom, writing at National Review Online: “Especially for the men on the line, there is no weekly or even monthly rhythm of life like we have in the States. You just do what you do, day in and day out, until you go home. Then one day you go to the dining facility (if you’re fortunate enough to be working from a base), and there’s a cake and some Christmas decorations. A few days later, there’s another set of decorations. Your friends tell you “Merry Christmas,” then “Happy New Year,” and you just keep working. In my case, that meant preparations for a New Year’s offensive. For others, that meant another patrol. For still others, it meant another broken tank to fix, more rounds to load into the howitzer, or more time hunched over a radio.”


  • Posted: 12/23/2009
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  • Category: ADF in the News
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  • Source: article.nationalreview.com

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Court endorses “kidnapping” of 7-year-old

Christian Photographers to Appeal N.M. Court’s Discrimination Ruling

Illinois: Superintendent Garrett Suggests “Monitoring” of Homeschoolers

Abortion looms as possible health bill deal killer

Russian church: Homosexuality is personal choice

Callers give Nelson an earful

Last Minute FRC Campaign Urges Opposition to Legislation Fit for King Herod Himself

Report says 225,000 Haiti children work as slaves

Some Difficulties in Assuring Equality and Avoiding Endorsement

    Some Difficulties in Assuring Equality and Avoiding Endorsement
    Jesse H. Choper, 54 Vill. L. Rev. 613 (2009)

    “Professor Nussbaum’s position is that the real meaning of our constitutional traditions with respect to religion and government is securing religious liberty. I fully agree. She believes that two principles should be pursued in order to achieve this. One is assuring equality, and the other is avoiding government endorsement (‘announcement of a religious orthodoxy’). Though I accept both of these broad goals, I would suggest several strong qualifications, especially regarding the role of the Supreme Court.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty

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Feminist Fundamentalism on the Frontier Between Government and Family Responsibility for Children

Foreword: Our Paradoxical Religion Clauses

    Foreword: Our Paradoxical Religion Clauses
    Mark A. Graber, 69 Md. L. Rev. 8 (2009)

    “Under any reasonable interpretation of the First Amendment, government may not take sides in religious controversies or enshrine religious dogma as law. The Establishment Clause does exactly that. That provision takes one side in the religious controversy over the role of religion in a constitutional community. Some religions insist that God commands a sharp separation between church and state. Others insist that the state should promote the one true religion. The First Amendment plainly establishes the first dogma as the fundamental law of the land. Thus, the First Amendment paradoxically establishes a religious tenet in its effort to avoid establishment of religion.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty

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The Rules Against Scandal and What They Mean for the First Amendment’s Religion Clauses

    The Rules Against Scandal and What They Mean for the First Amendment’s Religion Clauses
    Marci A. Hamilton, 69 Md. L. Rev. 115 (2009)

    “There are two reasons. First, there has been a recent uptick in interest regarding theories of so-called ‘religious autonomy’ for religious institutions. Purely as a matter of operation, legal autonomy would reach the same results as the scandal rule, though the courts would be in the business of keeping the institutions’ secrets. It is additional insurance for religious entities seeking control of criminal and tortious actions from within. Second, the appearance of legislative free exercise statutes enacting the constitutional standard of strict scrutiny, such as the Religious Freedom Restoration Act (‘RFRA’) and the state RFRAs, provide more arguments for religious entities to avoid legal liability and even discovery involving their internal bad actions. If the former were to come into effect or the latter were applied enthusiastically, there is the very real potential that constitutional doctrine might work hand in glove with hiding and perpetuating abuse of the vulnerable. Moreover, constitutional scholarship would continue to operate out of ignorance rather than fact.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty

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Richard W. Garnett: Standing, Spending, and Separation: How the No-Establishment Rule Does (And Does Not) Protect Conscience

    Standing, Spending, and Separation: How the No-Establishment Rule Does (And Does Not) Protect Conscience
    Richard W. Garnett, 54 Vill. L. Rev. 655 (2009)

    “The Establishment Clause, many believe, safeguards conscience; the fact that it does is, many believe, a justification both for the Clause and for its energetic judicial enforcement; and the Supreme Court’s construction of the Clause has been guided, at least in part, by its conclusions about what the well-being of conscience requires. We are not entirely sure what the liberty of conscience is, means, or requires, but, nevertheless, it is, as Professor Steven Smith has observed, ‘central to the modern discourse of religious freedom’ and, indeed, ‘to the modern self-understanding generally.’”


  • Posted: 12/23/2009
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  • Category: Religious Liberty

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Physician Assisted Suicide: Expanding the Laboratory to the State of Hawaii

    Physician Assisted Suicide: Expanding the Laboratory to the State of Hawaii
    Lindsay N. McAneeley, 29 U. Haw. L. Rev. 269 (2009)

    “This comment considers the current state of the law with respect to PAS and alternative routes to its legalization in the State of Hawai’i. Part II of this comment provides an overview of the current legal standard regarding PAS, reviewing the seminal federal cases, Oregon’s Death with Dignity Act, and the federal government’s unsuccessful challenges to this Act. Part III summarizes the reported data from Oregon’s Death with Dignity Act, demonstrating the success of the program and the effectiveness of its procedural safeguards. Part IV of this comment discusses why the State of Hawai’i should be the next state to legalize PAS. This part explores the various factors that make Hawai’i a particularly compatible forum for PAS and also reviews the recent efforts that have been made by the Hawai’i legislature to legalize its practice. Part V attempts to explain why these legislative efforts have thus far been unsuccessful, identifying the primary bases of opposition to PAS in Hawai’i. This part also explains why these concerns should not continue to thwart efforts to legalize PAS in Hawai’i. This comment concludes by exploring alternative routes that the citizens of Hawai’i may pursue in their efforts to legalize PAS, including a state constitutional challenge based on Hawai’i's explicit right to privacy, and a public referendum.”


  • Posted: 12/23/2009
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  • Category: Sanctity of Life

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To Die or Not to Die: The History and Future of Assisted Suicide Laws in the U.S.

    To Die or Not to Die: The History and Future of Assisted Suicide Laws in the U.S.
    Shelly A. Cassity, 11 J. L. & Fam. Stud. 467 (2009)

    “There are legitimate societal interests in discouraging the assistance of suicide. However, denying a person the option to receive safe and proper aid in dying serves, in effect, to encourage starvation or other distasteful ways to die. This note explores some of the legal history surrounding assisted suicide and comments on the future of assisted suicide laws in the United States. Section II introduces and explains the various classifications of life-ending decisions. Section III reviews the historical background of assisted suicide laws in the United States. Section IV discusses the current state of such laws. Finally, section V deals with the possible future of assisted suicide laws in the United States.”


  • Posted: 12/23/2009
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  • Category: Sanctity of Life
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  • Source: epubs.utah.edu

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Against the Right to Bodily Integrity: Of Cyborgs and Human Rights

    Gowri Ramachandran, Against the Right to Bodily Integrity: Of Cyborgs and Human Rights (July 15, 2009). Denver University Law Review, Vol. 87, No. 1, p. 1, 2009. Available at SSRN: http://ssrn.com/abstract=1434712

    “There should be no legal ‘right to bodily integrity,’ marked off by the borders of the organic, integrated human body, whether that right is saleable or not. For instance, once we determine what our bodies have to do with fundamental rights, if anything, we might not be led to protect any freedom to resist vaccination on this basis. (Although certainly other rights, such as religion-based rights, might protect this freedom.) On the other hand, we might be led to protect freedoms of dress and makeup, even though these activities do not involve the manipulation of one’s organic, physically continuous human body. Similarly, the relationship of the body to fundamental rights might compel us to regulate contracts entered into between patients and sellers of prostheses, despite the fact that prostheses are not human. On the other hand, we might not find a rights-based justification for either prohibiting or permitting blood sales.”


  • Posted: 12/23/2009
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  • Category: Sanctity of Life
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  • Source: ssrn.com

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Personnel Is Policy: Schools, Student Groups, and the Right to Discriminate

    Personnel Is Policy: Schools, Student Groups, and the Right to Discriminate
    George B. Davis, 66 Wash. & Lee L. Rev. 1793 (2009)

    “The Seventh Circuit analyzed the expressive association and free speech claims independently, using a different framework for each claim. By contrast, the Ninth Circuit’s opinion collapsed the claims together and analyzed the case based on the type of forum the school had created. Can these two differing opinions be reconciled in some way? Does the right of expressive association–and the corollary right of nonassociation–receive less protection on the public campus? Is there a way to safeguard this right while respecting the confines of the limited public forum of the public school and university? This Note attempts to answer these questions.”


  • Posted: 12/23/2009
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  • Category: Religious Liberty
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  • Source: law.wlu.edu

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Rep. Stupak: White House Pressuring Me to Keep Quiet on Abortion Language in Senate Health Bill