NY Times: Same-Sex Marriage Case, Day 7: Choice

Nearly Half of Child Porn Viewers Getting Break on Prison Time

Surrogate twins won’t get German visas

Mont. Won’t Apply for Federal School Funding

Freedom Of Religion Statement Issued

    NC Family Policy Council: Religious freedom is ‘a fundamental, inalienable right for all people, religious and nonreligious’ that is protected by the United States Constitution and other legal provisions, according to a joint statement issued last week by a diverse group of conservative and liberal experts from the nation’s religious and legal communities. Produced by Wake Forest University Divinity School’s Center for Religion and Public Affairs, the statement, entitled ‘Religious Expression in American Public Life: A Joint Statement of Current Law,’ was released on January 12 at the Brookings Institution in Washington, DC. It addresses the role of religion in the public square in a question and answer format, including religion and politics, religious expression in the workplace, and religious gatherings on government property . . . ”


  • Posted: 01/20/2010
  • |
  • Category: Religious Liberty
  • |
  • Source: ncfamily.org

  • Tags: ,

Prop. 8 trial Day 7: Live coverage from the courtroom

Australian Quakers back same-sex “marriage”

NYT: “Children Speak for Same-Sex Marriage”

    NY Times: “While opponents of same-sex marriage worry that schools will teach that gay and straight relationships are equal, many supporters focus on a different, but still child-centered, issue: What about the children now being raised in families headed by gay men and lesbians? How does the lack of marriage benefits for their parents affect them? . . . ‘The real question is whether same-sex relationships benefit children to the same extent that living with a married mother and father does, and we believe they do not,’ said Peter S. Sprigg, senior fellow for policy studies at the Family Research Council, the conservative Christian organization. ‘Children do best when raised by their own biological mother and father who are committed to one another in a lifelong marriage.’”


  • Posted: 01/20/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: www.nytimes.com

  • Tags: , , , , , ,

ADF Update on Prop 8 Trial: Day 6

Dutch anti-Islam lawmaker faces hate speech trial

IOC recommends gender-test centers

8 Arrested in Firebombing of Malaysian Churches

Brown Win Bad News for Obama Nominees

    Committee for Justice: “While most of the buzz about the impact of Scott Brown’s election to the Senate has centered on President Obama’s legislative agenda – particularly health care and cap and trade – the impact on his judicial and executive branch nominees, whose fates are completely dependent on the Senate, will be at least as great. It is no coincidence that Erroll Southers, Obama’s controversial pick for the Transportation Security Administration, withdrew his nomination this morning . . . ”


  • Posted: 01/20/2010
  • |
  • Category: Bench & Bar
  • |
  • Source: www.committeeforjustice.org

  • Tags: , ,

Runaway Christian Convert to Remain Free of Parents, Judge Rules

President Obama Needs to Appoint Religious Freedom Ambassador

State Department Allows Muslim Scholars to Return to U.S.

Lambda Legal sues Office of Personnel Management for same sex benefits

Cindy McCain poses for NOH8 “marriage equality” campaign

Focus on the Family buys Super Bowl ad

    CNN: “Focus on the Family, a Christian non-profit group, said it will air its first Super Bowl spot during the upcoming game. The 30-second ad will feature Tim Tebow, a former quarterback with the University of Florida’s Gators and 2007 winner of the Heisman Trophy, along with his mother Pam . . . The Tebows decided to participate in the ad ‘because the issue of life is one they feel very strongly about,’ the Colorado-based organization said in a press release.”


  • Posted: 01/20/2010
  • |
  • Category: Sanctity of Life
  • |
  • Source: money.cnn.com

  • Tags: , , ,

Obama to Nationalize Student Lending with Pending Budget Bill

Ethics complaint filed against Kline over abortion investigations

Missouri works to dodge abortion funding

FreedomKentucky.org to offer legislative updates

Conrad opens door to reconciliation for healthcare

    The Hill: “The Senate Budget Committee Chairman said Wednesday he’s willing to use special rules to force a final healthcare bill through with a simple majority vote . . . His comments lend weight to speculation that congressional Democratic leaders plan to have the House pass the Senate healthcare reform without changes, then pass a second bill with changes hashed out between the two chambers’ leaders and the White House . . . ”


  • Posted: 01/20/2010
  • |
  • Category: Miscellaneous
  • |
  • Source: thehill.com

  • Tags: ,

Catholic League: Time is Ripe for Conscience Rights

Special sitting tomorrow, opinion(s) due — Citizens United v. Federal Election Commission

Cert. Denied In Kindergarten Bible Reading Ban

British Proposal Would Permit Religious Same-Sex Commitment Ceremonies

British Equality Commission Opens Consultation on Equality Guides

Louisiana revokes license of Gentilly clinic over abortion law violations

South Miami approves benefits for domestic partners

Middle East churches can teach Europe how to live with Muslims, says leader

Hawaii: Senate will deal with civil union bill immediately; a vote is likely Friday

Durbin: No attempt to push healthcare bill through before Brown certified

UK couple plans to take same-sex “marriage” case to European Court of Human Rights

Malta: Labour Party seeks review of definition of obscenities

Mosul: targeted execution of Christians continues in media and government silence

Poll: Anti-Christian hostility set to rise in UK

OH: New sex toys shop worries council, watchdog group

Guam: Legislature to discuss same-sex bill

KY Gov proposes budget using expanded gaming revenue

N.Y. fails to agree on charter schools for grant

David French: Is liberty a “zero-sum game”?

GoDaddy.com Provides Viewers with Two Very Good Reasons to ‘Tune Out’ its 2010 Super Bowl Commercials

New Mexico’s bishops oppose domestic partnership legislation

Alaska pro-life group submits signatures for parental notification on abortion

“Lesbian daughter changed view of San Diego mayor on same-sex marriage”

Man arrested after sharing Gospel is exonerated

Delaware Child Welfare Law Used to Harass Homeschoolers

Constitutional public invocations

“How San Diego mayor shifted on gay marriage”

Obama to seek $1.35B more for education

    EducationNews.org: “President Obama will ask Congress for $1.35 billion in his 2011 budget proposal to extend an education grant program for states, although the Education Department remains months away from announcing its first round of awards, senior administration officials said.”


  • Posted: 01/20/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: www.educationnews.org

  • Tags: ,

Swedish Schools More American Than America’s

America drops from “free” category on economic index

    “The Index analyzes just how economically “free” a country is, and this year America saw a steep and significant decline, enough to make it drop altogether from the “free” category . . . ”


  • Posted: 01/20/2010
  • |
  • Category: Featured
  • |
  • Source: blog.heritage.org

“Gay Activists Seek to Boot 96-year-old Prop. 8 Supporter Off Theater Board”

Sen.-elect Brown says he’s ready to take seat ‘without delay’

Catholic Church forced to hire women priests?

ADF CA Marriage Trial Update: Day Six

Coalition appeals ruling denying D.C. marriage vote

TSA nominee withdraws amid ‘political agenda’

Poll shows growing disappointment, polarization over Obama’s performance

The fallout: Democrats rethinking health care bill, but not Obama

Law Review: The Hidden Legacy of Holy Trinity Church

    Anita S. Krishnakumar, The Hidden Legacy of Holy Trinity Church: The Unique National Institution Canon (January 19, 2009). William & Mary Law Review, Vol. 51, 2009; St. John’s Legal Studies Research Paper No. 08-0142. Available at SSRN: http://ssrn.com/abstract=1213123

    “This Article explores an under-appreciated legacy of the Supreme Court’s (in)famous decision in Holy Trinity Church v. United States. While Holy Trinity has been much-discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court’s opinion, which declares that the ‘spirit’ of a statute should trump its ‘letter’ and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion’s second half. In that lengthy second half, the Court tells a detailed narrative about the country’s historically Christian roots and explains that, other interpretive rules aside, the statute simply cannot be construed against the church-because the United States ‘is a Christian nation.’”


  • Posted: 01/20/2010
  • |
  • Category: Religious Liberty
  • |
  • Source: ssrn.com

  • Tags: ,

Law Review: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships

    I Object: The RLUIPA as a Model for Protecting the Conscience Rights of Religious Objectors to Same-Sex Relationships
    Erin N. East, 59 Emory L.J. 259 (2009)

    “This Comment examines the shortcomings of the United States Supreme Court’s current free exercise jurisprudence as well as current broad-based statutes like the Religious Freedom Restoration Act (RFRA) in protecting religious objectors in the context of same-sex rights. It then proposes a number of possible ways to protect religious objectors, concluding that while state statute-specific exemptions would be a more direct, and perhaps preferred, method of protecting religious objectors, the absence of state solutions and the need to implement a uniform approach to rights of conscience suggest a federal approach. A statute modeled on the Religious Land Use and Institutionalized Persons Act, (RLUIPA) would provide a more comprehensive and balanced approach than the funding legislation that has typically been used by Congress to protect other types of conscience rights. By providing some protection for religious individuals, such a federal conscience statute could lessen the tension between advocates for gay rights and advocates for religious liberty. While this Comment focuses explicitly on certain classes of religious objectors in the context of same-sex rights, the proposed solution could include provisions covering any class of religious objectors.”


  • Posted: 01/20/2010
  • |
  • Category: Religious Liberty

  • Tags: , , , ,

Law Review: Same-Sex Relationships and the Full Faith and Credit Clause

    Same-Sex Relationships and the Full Faith and Credit Clause: Reducing America to the Lowest Common Denominator
    Rena M. Lindevaldsen, 16 Wm. & Mary J. Women & L. 29 (2009)

    “This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency.”


  • Posted: 01/20/2010
  • |
  • Category: Marriage & Family

  • Tags: , ,

Law Review: The Child Welfare System’s Disregard for the Constitutional Rights of Non-Offending Parents

    Vivek S. Sankaran, Parens Patriae Run Amuck: The Child Welfare System’s Disregard for the Constitutional Rights of Non-Offending Parents (October 31, 2008). Temple Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1292771

    “Yet, despite these advances, juvenile courts continue to disregard the constitutional rights of nonoffending parents, individuals against whom the state has made no allegations. Nearly every state permits juvenile courts to deprive nonoffending parents of rights to their children based solely on findings or admissions of child maltreatment by the other parent. Such actions not only raise many constitutional questions, but also jeopardize children’s safety and well-being by increasing the likelihood that they will unnecessarily enter foster care and that their parents will disengage with the process. This Article proposes a policy solution that reflects the correct balance between safeguarding the constitutional rights of the nonoffending parent and preserving the flexibility of juvenile court judges to issue orders ensuring that the child’s needs are met.”


  • Posted: 01/20/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: ssrn.com

  • Tags: ,

Law Review: Death With Dignity’s Emerging Conceit

    Death With Dignity’s Emerging Conceit: Could Vacco v. Quill Be Losing Its Appeal?
    Arthur G. Svenson, 31 U. La Verne L. Rev. 45 (2009)

    “The holding of one Montana judge, who discovered a fundamental right to PAD within enumerated state rights to privacy and dignity, is unlikely to have a parroting effect upon non-Montanan state judges reviewing the constitutional implications of death with dignity issues. After all, Montana’s is only one of five state constitutions that contain substantive enumerations of privacy rights, and for three of those that do, California, Florida, and Alaska, judges have already considered and denied pleadings that state privacy rights shield actions of patients and willing physicians from criminal prosecution for actions amounting to assisted suicide. For the Justices of the Supreme Court, the absence of a ‘careful description of [an] asserted fundamental liberty interest’ in the Bill of Rights that even remotely resembled PAD proved pivotal in convincing them to decline Glucksberg’s invitation to create such a right on their own. Given that reasoning, then, one could quite plausibly imagine that most judges in most states confronting similar state challenges on cognate state constitutional grounds would unhesitatingly follow the High Court’s lead and choose to defer to the prevailing forces at play in the political arena.”


  • Posted: 01/20/2010
  • |
  • Category: Sanctity of Life

  • Tags: , , , , , ,

Law Review: Rethinking the Use of Foreign Law and Public Consensus

    Rethinking the Use of Foreign Law and Public Consensus: The U.S. Supreme Court’s Inconsistent Methods for Defining Constitutional Rights
    Luke Nikas, 13 Lewis & Clark L. Rev. 1007 (2009)

    “The debate over the Supreme Court’s citation of foreign law rages on. Does the Court have a constitutional license to consider foreign law? Does foreign law differ too much from our own to be of any value? Discussions of questions like these fill confirmation hearings, law reviews, and pages of the U.S. Reports. But a key piece of the debate is missing. This Article connects the use of foreign law with the ways in which the Supreme Court has used a domestic consensus to define constitutional rights. It argues that the decision to consider foreign law, or not, raises substantially the same moral-philosophical problems as the Court’s use of a domestic consensus. These philosophical problems are particularly pronounced because the Supreme Court’s doctrinal methods for defining constitutional rights rely upon consensus in inconsistent ways, all of which conflict with moral-philosophical theories about the source and meaning of our rights. The Article concludes by arguing that the Court has failed to justify its consensus-related jurisprudence and, in turn, has failed to explain how our rights come to fruition and what they actually mean.”


  • Posted: 01/20/2010
  • |
  • Category: Global: Bench and Bar

  • Tags: , , ,