Daily Archives: February 23, 2010

WXII-12 News reports in this MP4 that runs just over 2 minutes. ADF attorney Mike Johnson appears in the video.

FRC Blog: “Last Friday the National Institutes of Health announced that they were proposing a ‘technical change’ in their Guidelines for destruction of human embryos, a.k.a. Guidelines for Human Embryonic Stem Cell Research.”

Freedom from Religion Foundation: “Public boards may not legally ‘pray in Jesus’ name,’ even ones governing municipalities in dire economic straits like Detroit. The Freedom From Religion Foundation has written a letter on behalf of a Detroit-area complainant to City Council President Charles Pugh and the council objecting to sectarian prayers opening council meetings.”

News and Tribune: “The Clarksville Town Council voted unanimously to appeal a ruling that struck down an ordinance regulating adult businesses at its Monday meeting.”

WLNS.com: “Hundreds of strip club opponents and a smaller number of employees and other supporters of the clubs have packed a Detroit City Council hearing on whether to tighten adult business regulations.”

Co-chair Scott Appleby introduces the report at The Immanent Frame: “The TFR outlines the major elements of a comprehensive policy of constructive engagement with religions and religious actors abroad, indicating whom to engage, how to help them succeed, what vocabulary to use, and what the limits of such engagement are. The goal is to build partnerships and networks designed to advance shared interests and objectives, which may include the effective deployment of foreign assistance, the development of stable democracies, and the promotion of human rights.”

The Christian Institute: “The Director of Public Prosecutions is preparing to issue his final guidelines on when cases of assisted suicide will be prosecuted. Keir Starmer QC, Director of Public Prosecutions (DPP) for England and Wales, issued draft guidelines last year, explaining the circumstances under which he would be likely to prosecute a case of assisted suicide.”

The Christian Institute: “Children are being sexualised by computer games, easily accessible pornography and sexual slogans at an increasingly early age, according to a report due to be issued later this month. The report, written by Dr Linda Papadopolous, will reveal that girls feel pressurised to please boys, while boys feel pressurised to sleep with multiple girls.”

AP: “South Carolina would cease state health insurance payments for abortions for victims of rape or incest under a measure approved Monday by a House budget panel.”

CNSNews: “College professors are more likely than the average person to believe that the Ten Commandments are irrelevant today — and to think that America is a corrupting influence on good people, according to a new study released Monday . . . The study — “The Shaping of the American Mind: The Diverging Influences of the College Degree and Civic Learning on American Beliefs” — is available on the ISI Web site.

The Christian Institute: “Lap-dancing clubs, casinos and betting shops are increasing in number in the UK, while the number of libraries and schools is falling, new figures show. The statistics have been called a modern day Domesday Book, with critics saying it shows the ‘decline of traditional Britain.’”

Christian Institute: “The Care Not Killing Alliance has accused the BBC of providing ‘biased’ coverage on the issue, after it broadcast Sir Terry Pratchett’s lecture encouraging ‘euthanasia tribunals.’”

Washington Post: “The decison is somewhat surprising given that charter schools are strongly supported by President Obama and one of the caucus’s own members, Del. Rosalyn R. Dance (D-Petersburg), is listed as a chief co-patron of one of the bills and appeared with McDonnell at his news conference.”

NY Post: “The Justice Department’s disclosure that nine of President Obama’s appointees had either represented or advocated for Guantanamo detainees has touched off a firestorm of criticism.”

WJZ.com: “The American Civil Liberties Union of Maryland is protesting the treatment of a middle-school student who refused to stand for the Pledge of Allegiance . . . ”

Washington Post: “Most Virginia and Maryland jurisdictions have strong school systems. But if officials are so certain that no parents would welcome a choice, why not open the process? If there’s no demand, charters won’t come. As things stand, it’s hard not to wonder why local boards fear the competition.”

PhillyBurbs.com: “Doylestown Council voted unanimously Monday night to approve an ordinance that would require all sexually oriented businesses in the borough and their employees to be licensed by the borough.”

Washington Post: “The Palestinian president warned Tuesday that the region could plunge into a ‘religious war’ over Israel’s plans to recognize a disputed West Bank shrine as one of its own national heritage sites.”

CBS: “China’s technology ministry moved to tighten controls on Internet use Tuesday, saying individuals who want to operate Web sites must first meet in person with regulators.”

Christian Today: “Two churches have been burnt to the ground and Christians attacked after tension erupted on Saturday over the publication of an offensive poster of Jesus Christ in an in Batala, Punjab, in India.”

AP on Boston Globe: “A Vermont judge has ordered the arrest of a woman who has refused to turn over her 7-year-old daughter to her former lesbian partner.”

Telegram: “An organization of Central Massachusetts secularists has joined the heated fray over Planned Parenthood’s decision to locate here — prompted in large part by the vocal opposition to the facility by conservative religious organizations.”

Young America’s Foundation: “Young America’s Foundation has generously given me some space on their blog, and I’m going to use the next few days to introduce you to the ‘Four D’s,’ my shorthand method of guiding conservative activists to effective advocacy. Today, I’ll introduce the concepts, and then from Tuesday through Friday discuss them in detail.”

Times Online leading article: “Benjamin Disraeli believed the Church of England to be ‘a part of our liberties, a part of our national character’. If it has any hope of continuing in that role, the Church — and the Government — must recognise that our liberties today should include the right of homosexuals to register the most important promise of their lives in a church.”

Independent Catholic News: “The ferocity and horror of the ‘truly cold-blooded murders’ of four Christians in the last four days seem to have left their mark on the community of believers. ‘It is an ethnic cleansing that goes on day after day, in silence and indifference. We are in deep distress as the authorities and the police do nothing to stop this massacre,’ he notes.”

Politics UK: “The British legal system knows how to treat children: as humans incapable of giving consent. So why doesn’t the government? Allowing parents to force their children into faith schools is just really child abuse, as Richard Dawkins ably pointed out last year. It forbids them the freedom and space to develop their own thinking and decide if they wish to sign up to the varied mumbo jumbo religions espouse. Schools are where we create humans capable of deciding what they do with their freedom, not a factory for churning out new versions of ourselves, together with our prejudices and intellectual fallacies.”

LA Times: “There was an elephant in the San Francisco courtroom where lawyers contested the constitutionality of Proposition 8, the California law that prohibits the marriage of same-sex couples. One key issue should influence every aspect of the Perry vs. Schwarzenegger proceedings yet remained unspoken: What makes people gay? Is it a choice or is it innate?”

“A federal judge in Delaware ruled Monday that it is constitutional for the Indian River School Board to open its meetings with Christian prayers . . . ”

Wall Street Journal(paid subscription only): “Advisers to Europe’s highest court delivered different responses Tuesday in conflicts over gambling restrictions in European Union countries.”

Times Online: “Faith schools will not be able to opt out of statutory lessons on sex and relationship education when the legislation comes into effect in September 2011. This includes education about contraception and the importance of stable relationships, including marriage and civil partnerships. It will not allow the teaching of homophobia.”

Jeff Lukens writes at the Post Chronicle: “There is a big difference, however, between fine-tuning existing DADT policy to see that fewer gay discharges occur, and declaring that open homosexuality acceptable within the ranks.”

The Canadian Press: “An unapologetic Danny Williams says he was aware his trip to the United States for heart surgery earlier this month would spark outcry, but he concluded his personal health trumped any public fallout over the controversial decision.”

Reuters: “The chiefs of staff of the U.S. Army and Air Force raised doubts on Tuesday about lifting restrictions on homosexuals in the military, weighing in on a debate in Congress over whether to back President Barack Obama’s effort to let gays serve openly . . . ”

New York Times: “Three months after the European Union introduced a new rule book that was supposed to elevate its status on the global stage, an awkward question is unavoidably being asked within the bloc: Has the Lisbon Treaty actually made things worse?”

Memphis Daily News: “The Shelby County Commission today will take the first of three votes on a city-county ordinance designed to further restrict adult entertainment businesses . . . The ordinance sponsored by commissioner Mike Ritz specifies that such businesses can’t operate within 1,500 feet of family recreation centers or parks. It also explains what such centers or parks are considered to be.”

Northwest Florida Daily News: “The city’s first topless bar may open by the end of the summer, according to The Oasis operator Terry Stephenson. The Destin City Council voted 5-2 last week to approve a settlement of a lawsuit brought by Stephenson over his right to operate a strip club in the city.”

Daily Mail: “A confidential blueprint for David Cameron’s controversial bid to impose more women, gays and ethnic candidates on reluctant party activists has come to light.”

R.R. Reno writing at First Things, On The Square: “Why academia is so relentlessly homogeneous is a difficult question to answer . . . Once we strip out the natural scientists, who rarely weigh in on cultural and political issues, the percentage of self-described conservatives in academia drifts down to around 4 percent of all faculty . . . Anecdotal evidence suggests a more plausible answer. There is widespread blackballing of conservative job candidates in the hiring process, and an atmosphere of intense hostility discourages conservative undergraduate and graduate students from going forward in academia. Consider one topic of controversy in the public square. Although voters consistently reject same-sex marriage, it’s hard to think of a single elite school where a published argument against same-sex marriage . . . ”

Washington Times Editorial: “The school’s stance is unacceptable. As a religious organization, CLS has a constitutional right, confirmed in a series of court cases, to determine its own standards of conduct and rules for membership. This right also applies to nonreligious groups by virtue of the right of ‘expressive association,’ but the protection for religious groups is arguably stronger.”

Charleston Gazette: “State Republican delegates say they’re tired of waiting on Democratic legislative leaders to open debate on issues like gay marriage and certain tax breaks. House Republicans plan a series of procedural motions this week to force floor votes on proposals they say Democrats have allowed to die in committees.”

BBC: “Senior Anglican clergy have called for gay couples to be allowed to hold civil partnership ceremonies in churches, synagogues or other religious venues.”

Washington Post: “The Army’s top uniformed officer said Tuesday that he has ‘serious concerns’ about efforts to overturn a 17-year policy that bans gays from serving openly in the military and supports a yearlong study into the matter before any changes are made.”

AZ Daily Sun: “Ron Johnson, who lobbies on behalf of the state’s three Catholic bishops, acknowledged he has been working to limit the measure from its original scope. But Johnson said it is not designed to shield those responsible. He said there is a ‘public policy’ reason to ensure that businesses — including churches and schools — be able to purchase insurance. Without some limit on litigation, Johnson said, no coverage would be available.”

Theindychannel.com: “‘School districts are using taxpayer dollars to sue the taxpayers in order to get more of the taxpayers’ money,’ Hakim-Shabazz said.”

FoxNews: “Former Miss California Carrie Prejean isn’t the only beauty queen open to expressing her objection to same-sex marriage. Miss Beverly Hills 2010 Lauren Ashley is also speaking out in support of traditional nuptials.”

The Columbus Dispatch: “[In 2008] 45 central Ohio religious leaders complained to the IRS that a Scottsdale, Ariz., nonprofit group that champions conservative Christian causes, the Alliance Defense Fund, was sponsoring Pulpit Freedom Sunday to urge churches to take sides in political campaigns . . . Today’s complaint against the C Street Center is signed by 13 of the pastors, who have been led by the Rev. Eric Williams, senior minister at North Congregational United Church of Christ in Columbus.”

Winston-Salem Journal: “The Forsyth County Board of Commissioners voted 4-3 tonight to appeal a federal judge’s decision to ban sectarian prayer before board meetings . . . A conservative Christian legal group, the Alliance Defense Fund, has paid all the county’s legal costs and had promised to pay for the county’s appeal, even as far as to the U.S. Supreme Court. But the ADF would not pay the ACLU’s legal expenses in the event of a county loss.”

LifeNews (links to video): “The video shows staff at a Wisconsin facility counseling a purportedly 14-year-old girl to not divulge how a 31-year-old man impregnated her.”

The Dallas Morning News: “Critical board decisions loom, including how new science textbooks cover evolution and which political figures are included in new history books. The two GOP candidates are slugging it out in a primary contest that will signal what those decisions might be.”

Winston-Salem Journal: “Loud cheers broke out at the county’s Government Center when the Forsyth County Board of Commissioners decided last night to appeal a federal judge’s decision to ban sectarian prayer before board meetings . . . Several in the crowd quietly criticized Commissioner Walter Marshall when he defended his position against the appeal and attacked the Alliance Defense Fund, a conservative Christian legal group who had paid the county’s legal costs and promised to pay for the county’s appeal.”

WXII: “Forsyth County commissioners voted Monday night to appeal a federal judge’s decision to ban prayer at public meetings . . . Lawyers for the Alliance Defense Fund said they will file an appeal on Thursday on behalf of the county. It could take a year before a judgment is made, during which time, prayer will remain banned.”

CitizenLink: “A Washington, D.C., judge denied another request, on Friday, to allow voters to have a say in whether the District will recognize gay marriages . . . ‘A new definition of marriage should not be imposed upon the people of D.C. without their consent, and the majority of D.C. residents agree,’ Nimocks said. ‘The court should support the people’s right to vote on this referendum, which would allow them to partake in a legitimate democratic process to decide a critical matter that affects everyone in the district.’”

LifeSiteNews: “An open records request has revealed that the University of Wisconsin Hospital and Clinics (UWHC) has been funding medical students’ rotations at Planned Parenthood for training in abortion procedures, say Pro-Life Wicsonsin and Alliance Defence Fund. The groups contend that the setup may be a violation of state law prohibiting taxpayer funding of elective abortions.”

EDGE Boston: “An upcoming gathering of anti-gay organizations in the Ocean State continues to face opposition from local activists. The Family Research Council is sponsoring the New England Family, Life and Marriage Summit on Saturday, Feb. 27, at the Ocean State Baptist Church in Smithfield. According to FRC’s announcement, the daylong conference will feature “experts” from the National Organization for Marriage Rhode Island, the Alliance Defense Fund and Family Policy Councils from Massachusetts, New Hampshire, Maine and Connecticut.”

Alliance Defense Fund allied attorney David Langdon will be available for media interviews Wednesday after a hearing before the full panel of the U.S. Court of Appeals for the 7th Circuit in River of Life Kingdom Ministries v. Village of Hazel Crest.

LifeNews: “With the House barely passing the bill the first time, thanks to votes from Stupak and 10-12 pro-life Democrats who were pleased Stupak’s abortion-funding ban was a part of it, where the lawmaker stands is important . . . ”

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Religion Clause Blog: “Now, according to the Memphis (TN) Commercial Appeal andMemphis ABC24 News, a defendant in a disorderly conduct case has filed a motion to have the pews removed because they all have crosses engraved on each side.”

Religion Clause Blog: “In the first ever use of the review panel process, a Panel last week found that ICANN’s board acted improperly in 2007 when, under pressure from the U.S. government and others, it reversed a decision it had reached earlier and refused to allow ICM Registry to introduce a new .xxx top level domain that would identify pornographic website . . . ”

Religion Clause Blog: “In State of Montana v. Turk, 2010 Mont. Dist. LEXIS 18 (MT Dist. Ct., Jan. 12, 2010), a Montana state court rejected a claim by defendant Richard Turk that his rights under the U.S. and Montana constitutions were violated by the state’s requirement that he present a social security number in order to obtain a drivers’ license.”

PCWorld: “But not every application featuring bikini-clad women or sex-related issues have dropped out of the iTunes Store. Applications from Playboy, Sports Illustrated, FHM, and others are still available. So if applications like Strip Simon are out, which apps are allowed in?”

AP: “The 3rd U.S. Circuit Court of Appeals in Philadelphia on Tuesday will consider whether the FCC’s $550,000 fine for the broadcaster over the breast-baring performance is permissible.”

Dennis Prager writes at Townhall: “One of the major differences between the right and the left concerns the question of authority: To whom do we owe obedience and who is the ultimate moral authority?”

“Gallup’s daily measure of U.S. employment reveals that 19.9% of the U.S. workforce was underemployed during the month of January, translating to close to 30 million Americans who are working less than their desired capacity. Those who were underemployed reported spending 36% less than those who were employed, $48 per day versus $75 per day.”

Guardian: “Judges say plans for a .xxx porn domain – blocked by Icann on moral grounds in 2007 – should be reconsidered.”

Apple Insider: “Following last week’s revelation that Apple had reversed its policy on sexual content in the iPhone App Store, a new report claims more than 5,000 inappropriate applications have been removed from the download destination.”

Bernie Quigley writes at The Hill: “‘Every religious looking Jew who ascends the Temple Mount is accompanied by a Moslem wakf attendant and an Israeli policeman, who together, scrutinize his/her lips. A Jew who is suspected of praying is detained or immediately arrested,’ Moshe Feiglin, of the Manhigut Yehudit (Jewish Leadership) faction in the Likud party, reports.”

Winston Salem Journal: “After hearing emotional appeals both for and against, the Forsyth County Board of Commissioners voted 4-3 last night to appeal a federal judge’s ruling that county meetings cannot begin with prayers that include the name of Jesus or otherwise show affiliation with some particular faith . . . What the county agreed to do last night was appeal the case, enter into an agreement with the Alliance Defense Fund for the appeal, and enter into another agreement with the N.C. Partnership for Religious Liberty to pay any attorney fees or damages against the county should the county ultimately lose the case. The Alliance Defense Fund is paying the county’s costs to litigate the case . . . ”

“400 children don’t know their father. And if they find him, what kind of relationship is Maxey expecting? What sort of parent relationship is he willing to develop with 400 children.”

ClickonDetroit: “The public will get a chance to voice their opinion Monday in the battle over strip club rules in Detroit.”

“. . . secular reason can’t do the job (of identifying ultimate meanings and values) we need religion to do; it’s worse; secular reason can’t do its own self-assigned job — of describing the world in ways that allow us to move forward in our projects — without importing, but not acknowledging, the very perspectives it pushes away in disdain . . . ”

Washington Times: “Last week, a comprehensive new set of parental resources designed to keep kids safe in our high-tech world was unveiled by the nonprofit organization Enough Is Enough (EIE). This fabulous package of resources is called Internet Safety 101.”

CBS3.com: “Philadelphia and federal authorities who raided a doctor’s office after allegations a woman died following an abortion made a shocking discovery: more than two dozen frozen fetuses . . . ”

Richard Primus, The Functions of Ethical Originalism (February 19, 2010). Texas Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1555923

“Jamal Greene has suggested that much originalist argument be understood on the model of what Philip Bobbitt called ethical argument, meaning argument about the American constitutional ethos. This short paper expands that suggestion by identifying three discursive functions that ethical-originalist argument serves other than attempting to persuade decisionmakers to decide constitutional issues in particular ways. First, ethical-originalist argument aims to establish the content of constitutional history as a value in itself. Second, ethical-originalist argument helps to allay anxieties about constitutional legitimacy that the dead-hand problem might otherwise foster (albeit without actually solving the dead-hand problem). Third, ethical-originalist argument can establish particular participants in constitutional discourse as authentically qualified to arbitrate issues in the name of the constitutional tradition. The paper closes by suggesting that much textualist argument as well as originalist argument can profitably be understood as sounding in ethos.”

George P. Smith and Roberto Iraola, Sexuality, Privacy and the New Biology (1984). Marquette Law Review, Vol. 67, No. 2, pp. 263-291,1984; CUA Columbus School of Law Legal Studies Research Paper No. 2010-12. Available at SSRN: http://ssrn.com/abstract=1555826

“This Article investigates two alternative methods of human conception: Specifically, the artificial insemination of unmarried women for either their own personal purposes of pregnancy without the benefit of marriage or as surrogates for infertile women. Surrogation is evaluated, then, as an analytic complement to the sexual privacy of women who are expressing their sexual freedom through unconventional means to become pregnant. The conclusion drawn is that an unmarried woman’s fundamental right to privacy or procreation does not encompass a right to either artificial insemination or surrogation.”