Daily Archives: March 8, 2010

Excelsior: “With the entry into force of the law last week allowing the adoption and marriage to same-sex couples, there were guarantees for them in the capital, but not across the country. This item will be reviewed by the legal [department] of the institute.” [Google translation]

diariovasco.com: “Civil weddings held in 2009 [outnumbered] religious ones. Nothing like this [has ever happened] and only ten years ago it would have been impossible to predict [that it would] happen so quickly. In 1999, out of ten marriages, seven were held in churches. [This fell short of times] in which couples had to reserve church for the ceremony more than one year in advance, but [there] were still relatively few people [choosing] the courthouse and City Hall to join in marriage. Last year, those who gave a “yes” before an altar became a minority. And it appears [the numbers will decline further].” [modified Google translation]

Chuck Colson writes at the Christian Post: “Christians no longer have the luxury of sitting idly by while religious freedom, the sanctity of human life, and the institution of marriage come under more assault.”

Pamela Paul, author of Pornified, writing at the Washington Post: “An entire generation is being kept in the dark about pornography’s effects because previous generations can’t grapple with the new reality. Whether by approaching me (at the risk of peer scorn) after I’ve spoken at a university or via anonymous e-mails, young people continue to pass along an unpopular message: Growing up on porn is terrible. One 17-year-old who had given up his habit told me that reading about porn addicts ‘was like reading a horrifying old diary, symptoms, downward spirals, guilt, hypocrisy, lack of control, and the constant question of to what degree fantasy is really so different from reality. I felt like a criminal, or at the very least, a person who would objectively disgust me.’”

Rebecca Hagelin writing in the Washington Times: “Your child no longer has to be ‘bound’ at a desk in front of a computer screen to have the world — and everyone in it — at his or her fingertips. Every day, children who visit interactive sites interact with strangers. And, more and more often, homespun Internet porn has been appearing everywhere from the school bus to the back seat of Mom’s minivan.”

Union Leader: “Voters will weigh in on same-sex marriage and local spending at polls or town meetings across the state tomorrow.”

FoxNews: “The possibility that President Obama could send the self-professed mastermind of the Sept. 11 attacks to a military tribunal has earned him the highest insult from the left — that he’s another George W. Bush.”

Religion Link: “Do sex education programs that emphasize abstinence really work? The issue is on the boil thanks to rising teen pregnancy rates and the high profile of Sarah Palin’s daughter Bristol, herself an unwed teenage mother. Now a pair of new studies reveals a complex answer to a flashpoint debate in the culture wars.” (compilation of links included)

The Post: “A delegation from the Church of Ireland is to meet Department of Justice officials tomorrow to press for a ‘freedom of conscience’ clause in the Civil Partnership Bill. The Bill, which is before the Oireachtas, provides for legal recognition for civil unions, including between homosexuals.”

UKPA: “Liberal Democrats have backed a call for same-sex couples to be given the right to marry.”

Washington Post: “Education Secretary Arne Duncan plans to announce Monday that his agency is ramping up enforcement of civil rights laws in schools and colleges, a move that seeks to draw a contrast with the policies of his Republican predecessors.”

Rob Vischer has this post at the Mirror of Justice Blog: “Thanks to Fr. Araujo (and others) for responding to my post asking how the extension of benefits to same-sex spouses legitimizes same-sex marriage.”

Christian Science Monitor: “That leaves a net negative position of more than $11 trillion. By the way, this is projected to get a lot worse, fast. The feds are expected to increase their debts by about $3 trillion more over the next 2 years. Federal spending is out of control…the feds have lost control of their own budget, let alone the economy.”

Attorneys with the Alliance Defense Fund and Center for Arizona Policy have appealed an Arizona judge’s order to halt new state laws protecting the health and safety of women while a lawsuit filed by Planned Parenthood moves forward in state court.

Christian Post: “Tens of thousands of people took to the streets of multiple cities in Spain on Sunday to protest a new law that would allow abortion on demand.”

Catholic News Agency: “In response to an alarming increase in sexual promiscuity among children ages 10 – 14, the Swiss government has decided to begin distributing ‘extra-small’ condoms.”

JURIST: “The top rights official at the Council of Europe on Monday rejected the notion of banning Muslim burqa and niqab garments.”

Christian Science Monitor: “Gender selection via abortion appears to be on the rise in India – and more common among the wealthy. India’s upper classes tend to have fewer children and more access to ultrasounds that reveal their babies’ sex. The gender imbalance means fewer women available to be wives.”

Ignatius Insight has posted the article by Notre Dame Constitutional Law Professor Charles Rice which was refused for publication in the Notre Dame Observer. The exchange between Prof. Rice and the Editor of the Observer is published here.

Penny Young Nance of CWA writes at FoxNews: “How exactly would creating the largest expansion of federally-funded abortion in this country since ‘Roe v. Wade’ lower health care costs for all Americans and give them better access to health care?”

Citizen-Times.com: “After their breakup in 2008, Harmon says, Davis cut off Harmon’s contact with the children, prompting Harmon to sue in Wayne County Circuit Court in a long-shot bid to win joint custody. It’s a battle she is prepared to take to the Michigan Supreme Court in an effort to secure joint custody rights for nonbiological, unmarried partners, gay or straight . . . ”

Inquirer.net: “They came bearing condoms. Members of a workers group Monday brought the condom debate to the doorstep of Catholic bishops, in a bid to convince the prelates that prophylactics protect the health of women.”

Blog of the Legal Times: “It was clear even before he was nominated that Goodwin Liu would stir up activists as few other Obama judicial nominees have. Since he was named on Feb. 24, supporters and opponents both have jumped into vigorous debate over what Liu’s jurisprudence would look like if he were confirmed to the U.S. Court of Appeals for the 9th Circuit.”

“The bill allows victims to sue for at least $150,000 in damages until they turn 21 or up to three years after a criminal case ends.”

ACLU: “The ACLU of Virginia is sending letters to all public university presidents warning them against taking any action that would permit discrimination against gay and lesbian employees or students. According to the ACLU, gays and lesbians are protected against governmental discrimination by the U.S. Constitution.” (links to letters)

LifeSiteNews: “The daughter of ex-lesbian Lisa Miller appeared to have suffered emotional trauma following forced visits with Miller’s ex-partner, according to sworn testimony submitted to a Vermont court.”

LifeSiteNews: “Two Vatican staffers have been removed after revelations that they were involved in a homosexual prostitution ring . . . ‘We only know of these two men connected with the Vatican in some way, but obviously, they’re talking about a ring, and a ring means definitely more people involved.’”

LifeSiteNews: “The Providence city prosecutor has dismissed criminal charges against Christopher Young, a Democratic mayoral candidate who was arrested and dragged away by the police after confronting Rep. Patrick Kennedy about the mandated funding of abortion in the health care bill. He had been charged with disorderly conduct and resisting arrest.”

NY Times: “Iceland’s voters expressed their outrage on Saturday against bankers, the government and what they saw as foreign bullying, overwhelmingly rejecting a plan to pay $5.3 billion to Britain and the Netherlands to reimburse customers of a failed Icelandic bank.”

Denver Post: “Last week, a standing policy of the Archdiocese of Denver denied a child from enrolling in the Sacred Heart of Jesus Catholic School for kindergarten next year because the student’s parents are lesbians.”

Slovenian Press Agency: “Parliament was deeply divided on Tuesday as it backed in a 46:38 vote the government-sponsored family law bill at first reading, along with the highly controversial provision allowing gay adoptions, which opponents have already announced they will challenge in a referendum.”

John Elwood writes at the Volokh Conspiracy: “With today’s decision . . .  there are only four cases undecided from the October sitting . . . there are three Justices who have had no opinions yet from the October sitting: the Chief, Justice Stevens, and Justice Kennedy . . . ”

Two of the remaining cases are notable for most Alliance Alert readers: Salazar v. Buono (involving an Establishment Clause challenge to a cross used in a war memorial that Congress later transferred to a private entity) and Perdue v. Kenny (attorney fees case).

Capital News: “Medical practitioners are urging those opposed to the proposed Constitution because of hard line positions on abortion to take consideration of pregnancy complications where doctors are allowed to save a mother’s life.”

“A new law signed by Wyoming Gov. Dave Freudenthal Wednesday fixes a poorly written state statute and prevents the state from intrusively regulating or closing down Bible colleges.”

Reuters: “The Supreme Court said on Monday that it would decide whether a federal law protects vaccine manufacturers from lawsuits in state court seeking damages for alleged design defects.”

AP: “Touching on a sensitive issue among conservatives nationwide, the Republican-controlled Oklahoma Legislature is embroiled in a dispute over whether lawmakers should remain focused on the state’s budget problems and other fiscal priorities or delve into family issues, especially the state’s chronically high divorce rate.”

AP: “The Vatican has launched an appeal for support for Christians in the Holy Land, seeking to stem the exodus from the ancient community.”

San Francisco Chronicle: “With businesses and trial lawyers pouring money into state judicial races around the nation, California Chief Justice Ronald George appointed a Commission for Impartial Courts in 2007 to study judicial elections in California and decide whether changes were needed to promote judicial independence and public confidence in the courts. The commission’s chairman, state Supreme Court Justice Ming Chin, spoke to Chronicle reporter Bob Egelko about some of the proposals that the commission is recommending.”

Yuma Sun: “Churches would get some special protections against local regulations under the terms of legislation approved Wednesday by the House. HB 2596 is designed to stop cities from blocking churches from locating in certain neighborhoods.”

LA Times: “Reporting from Kano, Nigeria – The attacks came in the night, as the villagers slept. Hundreds of Muslim herdsmen armed with guns and machetes swooped down on three Christian villages outside Jos in central Nigeria, killing more than 120 people early Sunday, according to witnesses.”

EWTN (CNA): “Church leaders are defending the last remaining Catholic adoption agency in England and Wales against homosexual equality laws that will force it to close. They say children in the agency’s care will suffer, charging that the government is trying to force the agency to disregard Church teaching.”

OneNewsNow: “A Swedish home-schooling couple is still trying to get their seven-year-old son back from state custody . . . The Home School Legal Defense Association (HSLDA) and members of the Alliance Defense Fund have been advising the Johansson family and exploring options to reunite them with their son Dominic who was taken because he was being home schooled.”

ENC Today: “The La Grange Town Council ceased praying before meetings this week following a recent ruling by a federal judge . . . The Alliance Defense Fund (ADF) — the public interest law firm that is leading Forsyth County’s defense — is appealing the judgment to the U.S. Court of Appeals for the Fourth Circuit.”

York Daily Record: “The Alliance Defense Fund, which had attorneys representing Snell and McTernan, said in news release Wednesday that they had reached a ‘favorable settlement’ with the city. ‘We are pleased that the city has recognized the free speech rights of these peaceful and respectful pro-life counselors,’ attorney Randall L. Wenger, who represented the men, said in the release.”

Christianity Today Political Advocacy Tracker: “At a Focus on the Family chapel service to say farewell to retiring James Dobson, Tom Minnery of Focus on the Family Action recounted Dobson’s impact on public policy organizations. Dobson helped found three national policy organizations (American Family Association, Alliance Defense Fund, and Family Research Council) and 37 state family policy councils. According to Minnery, in 2010 these 40 organizations have 548 full-time employees and a combined budget of $89 million.”

The Telegraph: “Barack Obama seems unable to face up to America’s problems, writes Simon Heffer in New York.”

“The Supreme Court, taking on the emotionally charged issue of picketing protests at the funerals of soldiers killed in wartime, agreed Monday to consider reinstating a $5 million damages verdict against a Kansas preacher and his anti-gay crusade.”

Earned Media: “Sharon F. Blakeney, an allied attorney with the Alliance Defense Fund and counsel for Concerned Women for America in filing their Amicus Brief, stated, ‘If the names and personal information of the voters who signed the R-71 petition are released and published on the Internet, they will be subjected to torment and intimidation by homosexual activists from all corners of the globe. Signing the R-71 petition was essentially casting a vote on the ultimate issue, and the signatures, home addresses, and all other personal information on the petition should be treated with the Constitutional protections and confidentiality of a secret ballot.’”

The Daily Herald: “Euthanasia and abortion should become legal on the BES islands Bonaire, St. Eustatius and Saba within one year. Conducting same-sex marriages should become possible on the islands in two years. This is stated in three amendments that the liberal democratic VVD party and the green left party GroenLinks will present during the handling of the WolBES, the general law that defines the “public entity” status of the BES islands, and six other related law proposals, in the Dutch Parliament’s Second Chamber, today, Thursday.”

Mike Adams writes at Townhall: “But the prior restraint of the views of Professor Rice is not defensible. While not a technical violation of the First Amendment – Notre Dame is a private school – it is an assault on both Catholicism and common sense. And it leaves many Catholics wondering whether there is any safe haven in this land that once placed religious liberty above political correctness.”

Peter Wicks writes at the Notre Dame Observer: “Over the past year, a large number of columns and letters have been written on the subject of homosexuality. It is with some hesitation that I add to that number. However, I think I can safely say that my contribution to the discussion will be different in at least one respect because I’m not going to tell you what I think. Really, it’s better this way. Our views on homosexuality are based upon a whole range of deep assumptions about morality, human nature and the authority – or lack of it – of the Bible and the Church. An 800-word opinion piece is not going to change your mind . . . ”

Joanna L. Grossman writes at Findlaw: “In Part One of this series, I discussed the traditional approach to defining fraud as a ground for annulment, which requires that the misrepresentation relate to the “essentials of the marriage” – some aspect of marriage that is fundamentally important to any marriage, not just to the particular spouse seeking an annulment . . . In this Part, I will argue that there has been at least a subtle shift in the doctrine in some jurisdictions away from this one-size-fits-all approach to a more individualized approach. Under this more modern approach, a court might ask whether a misrepresentation related to something that was fundamental to this marriage, rather than to marriage in general . . . ”

Yahoo (AP): “Christian-based materials dominate a growing home-school education market that encompasses more than 1.5 million students in the U.S. And for most home-school parents, a Bible-based version of the Earth’s creation is exactly what they want. Federal statistics from 2007 show 83 percent of home-schooling parents want to give their children ‘religious or moral instruction.’”

Independent: “A culture of ‘instant gratification’ is making today’s schoolchildren harder to teach, a headteachers’ leader said yesterday.”

NY Times: “Seeking to step up enforcement of civil rights laws, the federal Department of Education says it will be sending letters in coming weeks to thousands of school districts and colleges, outlining their responsibilities on issues of fairness and equal opportunity.”

The Politico: Rep. Eric Massa (D-N.Y.) says the House ethics committee is investigating him for inappropriate comments he made to a male staffer on New Year’s Eve — and that he’s the victim of a power play by Democratic leaders who want him out of Congress because he’s a “no” vote on health care reform.

The Hill: “For years, Rep. Roy Blunt and former Rep. Rob Portman touted their positions of influence in Republican leadership circles in Washington, D.C. But now both are running for Senate seats and discovering their Washington résumés to be something of a liability at a time when the Tea Party and disaffected fiscal conservatives have new political power.”

Charles Haynes writes at Northwestern.com: “Instead of futile (and expensive) efforts to re-impose ‘in the name of Jesus,’ Christians in Forsyth County who care about authentic prayer should urge the commissioners to start meetings with a moment of silence. In silence people can pray (or not) as their conscience dictates. After all, the First Amendment right to choose in matters of faith is also a Christian principle — worthy of upholding in the name of Jesus.”

Gregory L. Acquaviva and John D. Castiglione, Judicial Diversity on State Supreme Courts (2009). Seton Hall Law Review, Vol. 39, No. 4, pp. 1203-1261, 2009. Available at SSRN: http://ssrn.com/abstract=1564854

“In this Article, we present the findings of a comprehensive examination of the demographic and experiential characteristics of all judges on the courts of last resort of the fifty states. The most important part of this examination was a survey developed for this project and submitted to every state supreme court justice in the country. In this survey, we asked the justices to self-report information regarding race, gender, religion, schooling, prior work experience, community involvement, bar association membership, and pro bono experience. The raw data we collected through this survey, augmented by publicly available resources, are presented throughout and as addenda to this Article.”

Peter J. Smith and Robert W. Tuttle, Biblical Literalism and Constitutional Originalism (March 1, 2010). GWU Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=1561933

“It is not surprising that both critics of constitutional originalism and proponents of biblical literalism have noted a connection between the two interpretive approaches, as there are some obvious similarities. Indeed, the similarities go beyond the caricatures that both critics and proponents have tended to offer. Literalism and originalism share a core commitment to the idea that their relevant texts have a timeless, fixed meaning that is readily ascertainable. In addition, both interpretive approaches are in significant part projects of restoration; both are deeply concerned about the loss of constraint that results from interpretation that is untethered to text; both have a strong, self-consciously populist impulse and an equally strong and self-conscious disdain for elite opinion, both with respect to interpretive norms and cultural values; and both maintain that all other approaches to their relevant texts are fundamentally illegitimate because they breach a duty of fidelity.”

Jill I. Goldenziel, Sanctioning Faith: Religion, State, and U.S.-Cuban Relations (2009). Journal of Law and Politics, Vol. 25, p. 179, 2009. Available at SSRN: http://ssrn.com/abstract=1562014

“What explains the Cuban government’s sudden accommodation of religion? Drawing on original field research in Havana, I argue that the Cuban government has strategically increased religious liberty for political gain. Loopholes in U.S. sanctions policies have allowed aid to flow into Cuba from the United States via religious groups, tying Cuba’s religious marketplace to its emerging economic markets. The Cuban government has learned from the experience of similar religious awakenings in post-Communist states in Eastern Europe and has shrewdly managed the workings of religious organizations while permitting individual spiritual revival. By allowing greater public expression of religious faith, the Cuban government has opened the door to religious pluralism on the island while closely monitoring religious groups to prevent political opposition. As the Obama Administration has already begun to ease U.S. sanctions on Cuba, these recent changes in Cuban law may allow the U.S. to promote political change in Cuba through religious civil society institutions.”

Imperialism (February 26, 2010). William & Mary Law School Research Paper No. 09-43. Available at SSRN: http://ssrn.com/abstract=1560015

“This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons offered in Reynolds, a theory grounded in the natural law tradition. It then shows how the Court rejected this theory by using British imperial law to interpret the scope of the first amendment.”