ACLU could sue Virginia over Pro-choice license plate

At-home Bible studies outlawed in Arizona city

Court denies conservative pundit-professor’s bias claim against university

Okla. Appeals Court upholds dismissal of same-sex “divorce” case

Cuccinelli’s office confirms Virginia will sue over health care

Idaho first to sign law against health care reform

Gilbert, AZ shockingly bans home Bible study

“NY gay groups renew push for same-sex marriage vote”

Churches suffer losses under new FCC rule

Episcopalians to consecrate second “gay” bishop

Briton is recognised as world’s first officially “genderless” person

Argentina reactivates discussion of abortion, same-sex “marriage”

    Urgente24: “Members of the RCU, the Frente para la Victoria, socialism, the Civic Coalition and [center party are pushing] a bill [that will legalize abortion in some cases] in the Republic Argentina. The initiative launched by 33 legislators argued that ‘every woman has the right to decide on abortion during the first twelve weeks of [the] gestational process. Outside this period, [abortion will] be permitted in cases of rape, or if [the health and lives of women are at risk], or if there are serious fetal malformations . . . Then, in another press conference, Representative Diana Conti with members of the Comunidad Homosexual Argentina refloated the [proposed legislation by] which our country could become the first in Latin America [to approve of the marriage between people of the same sex]. In the House there are two initiatives that enable the marriage between same sex. One initiative is part of the socialist deputy (MC), Silvia Augsburger, and the other is led by Representative Vilma Ibarra, Popular and Social Encounter.” [Modified Google Translation]


  • Posted: 03/17/2010
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  • Category: Global: Sanctity of Life
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  • Source: www.urgente24.com

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Adoption Bill to be Heard in Arizona Senate, Gives Married Couples Priority

TN: Sevier mayor, and the people, say prayer

Minnesota Rep. Oberstar will back final health care bill

ADF Allied Attorney Success Stories: March 2010

    Congratulations to allied attorneys Tim Belz, Sharon Blakeney, Jim Bopp, John Carpay, Steve Fitschen and Pete Lepiscopo, Cathi Herrod, Jerald Jones and Joel Pierce, Jim Kelly, Michael Tierney, and Randy Wenger for their recent successes listed below. Please take time to congratulate them!


  • Posted: 03/17/2010
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  • Category: ADF in the News

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C-SPAN launches video library

Hawaii considering law to ignore Obama ‘birthers’

House to Consider Bill Incentivizing Embryo Destruction

Newsweek: America in Decline

    Andrew Nagorski writes at Newsweek: “. . . this time, the anxiety seems like more than a feeling. It is more deeply rooted in concerns about long-term trends, and warning lights are flashing in several places. It’s harder now to shrug off the America-in-decline theories than ever before.”


  • Posted: 03/17/2010
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  • Category: Miscellaneous
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  • Source: www.newsweek.com

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Pa. school district lifts ban on ‘Abortion is not Healthcare’ T-shirt after ADF lawsuit

Planned Parenthood 1952: Abortion ‘Kills the Life of a Baby,’ Danger to Mother

Poll Reveals 46% of Doctors Would Quit if Pro-Abortion Health Care Bill Passed

    LifeNews: “The poll finds 46.3% of primary care physicians (family medicine and internal medicine) feel that the passing of a public option will either force them out of medicine or make them want to leave medicine . . . The Medicus Firm, a leading physician search and consulting firm based in Atlanta and Dallas, conducted the survey.”


  • Posted: 03/17/2010
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  • Category: Miscellaneous
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  • Source: www.lifenews.com

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Judiciary Approves PACER Innovations To Enhance Public Access

    USCourts.gov: “The Judicial Conference of the United States today approved key steps to improve public access to federal courts by increasing the availability of court opinions and expanding the services and reducing the costs for many users of the Public Access to Electronic Court Records (PACER) system. At its biannual meeting in Washington, D.C., the Conference voted to . . . ”


  • Posted: 03/17/2010
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  • Category: Bench & Bar
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  • Source: www.uscourts.gov

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KS: Covenant marriage’ measure taken out of bill

Obama nominates “unabashed liberal” to 9th Circuit

Amicus and Party Briefs In Christian Legal Society Case All Now Available Online

9th Circuit Defines Ministerial Exception For Employment Cases

Arizona town to rescind ban on church meetings in homes

Judge rules “gay rights” law can be challenged by Catholic adoption agency

Okla. Appeals Court upholds dismissal of same-sex “divorce” case

Malawi church leaders meet to discuss homosexuality phenomenon

Delaware Lawmakers Consider Adding Casinos

US clinic sparks debate with UK human egg raffle

Catholic Nuns support pro-abortion health-care reform, defy Bishops

President of U.S. Bishops says cost is too high, loss is too great for Health Care Bill not to be revised

Planned Parenthood Centers Using Dangerous Abortion Drug More, Survey Shows

US Muslims to challenge anti-Islam bias in children’s books

    Arab News: “On Wednesday, the Pennsylvania chapter of the Council on American-Islamic Relations (CAIR-PA) will hold a news conference in Philadelphia to announce the launch of a nationwide campaign to challenge anti-Islam bias in a series of children’s books that the Washington-based Muslim civil rights group says promote “hostility toward Islam and suspicion of Muslims.”


  • Posted: 03/17/2010
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  • Category: Religious Liberty
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  • Source: arabnews.com

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Senate votes against reopening D.C. voucher program

Rabbie Daniel Lapin: Passover and ….Sex?

    Rabbi Daniel Lapin writes in his Daily Thought Tools: “Movie screens suggest that sex is public and everyone’s business. However, just try criticizing sexual misbehavior and you will be quickly told that sex is private and none of your business. So, which is it? It’s actually neither, or maybe we should say both. Sex should be private but it is everybody’s business . . . ”


  • Posted: 03/17/2010
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  • Category: Marriage & Family
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  • Source: www.rabbidaniellapin.com

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NY: Cortland reexamines rules regarding sexually oriented businesses

TN: 3 Nashville council members push “gender identity rights”

GA: New ordinance regulates sexually oriented stores in Albany

KY: Student suspended for in-school prayer called “disruptive,” protests follow

Unlikely ally joins effort to overturn “Iqbal” SCOTUS decision

    InjuryBoard.com: “An unlikely ally has joined the fight to overturn two recent Supreme Court decisions – Bell Atlantic v. Twombly and Ashcroft v. Iqbal – which made it much harder for plaintiffs to file claims in civil disputes. Legal Times and Wall Street Journal blog posts today note that the conservative Alliance Defense Fund has penned a letter to lawmakers supporting legislation to overturn the decisions to restore the pleading standard and Americans’ basic legal protections.”


  • Posted: 03/17/2010
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  • Category: ADF in the News
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  • Source: voices.injuryboard.com

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“Medicaid and Social Security changes urged to help gay seniors”

    LA Times: “Lesbian, gay, bisexual and transgender senior citizens face myriad social and financial problems, and lawmakers could help them by altering Social Security and Medicaid rules, according to a national report being released Wednesday. The report, prepared by Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders, or SAGE, has been endorsed by major mainstream aging groups, including AARP and the American Society on Aging.”


  • Posted: 03/17/2010
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  • Category: Miscellaneous
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  • Source: www.latimes.com

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HI: Advocates, parents fight for tougher laws against prostitution

So. Calif. City to Home Bible Study: Shut Down by Good Friday

Kucinich to vote ‘yes’ on health, giving a boost to Democrats

FL: Polk County School Board asks religous leaders to say prayers

Evidence skirmish could delay end of Prop 8 trial

New Poll: Opposition to Pro-Abortion Health Care Highest Yet, Democrat Misleads

Law Review: The State Action Doctrine and the Establishment Clause

    The State Action Doctrine and the Establishment Clause
    123 Harv. L. Rev. 1278 (2010)

    “Of course, the state action doctrine does not answer all Establishment Clause questions–in particular, it does not help identify whether an activity is religious in nature. This Part argues, however, that when the sectarian nature of constitutionally questioned activity is determined, the state action doctrine furnishes courts with a clearer and more coherent legal framework for evaluating Establishment Clause cases than does automatic application of the Lemon test. Section A provides a theoretical justification for the application of the state action doctrine to Establishment Clause jurisprudence, and the following sections examine Cooper, Americans United, and Community House–three cases that demonstrate why and how the state action doctrine should be applied.”


  • Posted: 03/17/2010
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  • Category: Religious Liberty

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Law Review: A Fresh Look at the Need for Judicial Protections in the Death With Dignity Act

    What’s the Cost of Living in Oregon These Days? A Fresh Look at the Need for Judicial Protections in the Death With Dignity Act
    Andrew R. Page, 22 Regent U. L. Rev. 233 (2010)

    “With the rise of the largest senior citizen population in our nation’s history on the horizon, as well as the increased cost of health care for both state and private industries, a judicial review process to oversee the Death with Dignity Act is essential to protect senior citizens against its potential abuses. In order to show the purpose and process of adjudicating Death with Dignity Act procedures, this Note unfolds in four parts. Part I explains the circumstances, both present and future, creating the potential for improper use of the Death with Dignity Act. Part II explains why the Death with Dignity Act, as presently written, does not provide adequate safeguards to protect citizens in light of those circumstances. Part III proposes an adjudicative procedure that a state may enact in order to provide sufficient protection for its citizens. Finally, Part IV provides the method for adjudicating Death with Dignity Act cases by using the example of the judicial bypass procedure for minors seeking an abortion. With a process of judicial review as a check on the procedures of the Death with Dignity Act, a state can confidently ensure the protection of patients, as well as the integrity of health care providers.”


  • Posted: 03/17/2010
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  • Category: Sanctity of Life

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Law Review by Lynn Marie Kohm: Restoring the Lost Virtue of Prudential Justice to the Life Debate

    Restoring the Lost Virtue of Prudential Justice to the Life Debate
    Lynne Marie Kohm, 22 Regent U. L. Rev. 191 (2009-2010)

    “Review of Politics for the Greatest Good: the Case for Prudence in The Public Square. By Clarke D. Forsythe. Politics for the Greatest Good suggests how the prolife community can reconsider a strategy for the greatest good with a solid foundation cemented in the lost art of prudence. According to Forsythe, recovering prudence as a pivotal virtue of the movement is absolutely necessary. Unlike brash, harsh, hateful, and potentially dangerous politics of current events, Forsythe proffers something completely new–the use of prudence in politics. The radical left and the radical right may have defined the terms of the debate in the most critical issues of our times, but Forsythe claims that they have not been effective. This book gently throws down the gauntlet to the prolife community, asking it to employ wisdom, speak with discretion, and work toward progress for the sake of the common good–both present and future.”


  • Posted: 03/17/2010
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  • Category: Sanctity of Life

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Law Review: How the Growing Recognition of a Fetus’ Right to Life Takes the Constitutionality Out of Roe

    Pro [Whose] Choice: How the Growing Recognition of a Fetus’ Right to Life Takes the Constitutionality Out of Roe
    Rachel Warren, 13 Chap. L. Rev. 221 (2009)

    “This Comment will argue that recent trends in legislation and modern scientific development call for the fulfillment of Roe’s own acknowledgement that the right to life will ‘collapse’ the right to an abortion. Part I lays out the history of abortion jurisprudence, from the cases predating Roe, the Roe decision itself, and finally the cases following Roe. Part II establishes the widespread acceptance of fetal humanity and rights in both science and law, as well as the likelihood that abortion jurisprudence is ripe for upheaval. Part III then calls attention to the unavoidable competing interests of mother and child which the Court must address, as well as preliminary solutions anticipated by others. Part IV concludes that, when weighing these conflicting interests, the right to life must prevail over the right to an abortion.”


  • Posted: 03/17/2010
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  • Category: Sanctity of Life

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Law Review: Specialty License Plates and the First Amendment

    Specialty License Plates and the First Amendment
    123 Harv. L. Rev. 1291 (2010)

    “The law of specialty license plates is a central battleground in the still-unfolding jurisprudence of government speech. Undoubtedly, license plates implicate the expressive rights of the drivers who display them, but because their messages are so readily attributed to the issuing governments, they also implicate a government speech interest in avoiding inaccurate assumptions of state endorsement. Accordingly, specialty license plates constitute a hybrid speech category–a classification as yet unrecognized by the Supreme Court–in which both private and government speech interests are weighty enough to demand simultaneous recognition by courts. In this hybrid category, both the government and the private speaker should have a right to veto expression that would be attributed to them by reasonable observers, as the test for government speech recently suggested by Justice Souter implies.”


  • Posted: 03/17/2010
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  • Category: Religious Liberty

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Law Review: Rebooting Notions of Possession for the Federal Sentencing of Child Pornography Offenses

    Jelani Jefferson Exum, Making the Punishment Fit the (Computer) Crime: Rebooting Notions of Possession for the Federal Sentencing of Child Pornography Offenses (February 5, 2010). Richmond Journal of Law and Technology, 2010. Available at SSRN: http://ssrn.com/abstract=1568352

    “This Article adds to the current, heated discussion on what is happening in the sentencing of federal child pornography possession offenses, why nobody is satisfied, and how much the Federal Sentencing Guidelines are to blame. At the heart of this Article are the forgotten players in the discussion – the computer and the internet – and their role in changing the realities of child pornography possession. This Article argues that the computer and internet are important factors in understanding both the victimization of the children portrayed in the illegal images and the formulation of appropriate punishment for those who view and possess such images.”


  • Posted: 03/17/2010
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  • Category: Miscellaneous
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  • Source: ssrn.com

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Law Review: The Radicalism of Legal Positivism

    Brian Leiter, The Radicalism of Legal Positivism (March 10, 2010). Guild Practitioner, 2010. Available at SSRN: http://ssrn.com/abstract=1568333

    “‘Legal positivism’ is often caricatured by its jurisprudential opponents, as well as by lawyers and legal scholars not immediately interested in jurisprudential inquiry. ‘Positivist’ too often functions now as an ‘epithet’ in legal discourse, equated (wrongly) with ‘formalism,’ the view that judges must apply the law ‘as written,’ regardless of the consequences. Lon Fuller, Ronald Dworkin, and the Critical Legal Studies writers have all contributed in different ways to the sense that “positivism” is either a political conservative or politically sterile position. This essay revisits the actual theory of law developed by positivist philosophers like Bentham, Hart, and Raz, emphasizing why it is, and was, understood by its proponents, to be a radical theory of law, one unfriendly to the status quo and anyone, judge or citizen, who thinks obedience to the law is paramount. To be clear, the leading theorists of legal positivism thought the theory gave the correct account of the nature of law as a social institution; they did not endorse it because of the political conclusions it entailed, and which they supported. Yet these theorists realized that the correct account of the nature of law had radical implications for conventional wisdom about law. We would do well to recapture their wisdom today.”


  • Posted: 03/17/2010
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Law Review: On the Significance of Constitutional Spirit

    Louis D. Bilionis, On the Significance of Constitutional Spirit (March 15, 2010). North Carolina Law Review, Vol. 70, p. 1803, 1992; U of Cincinnati Public Law Research Paper No. 10-10. Available at SSRN: http://ssrn.com/abstract=1568322

    “America is experiencing a major realignment of the national constitutional order. The primary responsibility for defining and enforcing civil liberties is shifting from the federal courts and the Federal Constitution to the state judiciaries and their state constitutions. Judges who expound a state constitution must do so with devotion to its spirit – not the spirit of the Federal Constitution, and not the spirit that underlies the currently popular constitutional theory. In many states, North Carolina Among them, keeping faith with the constitutional spirit means interpreting individual rights liberally and enforcing them unflinchingly.”


  • Posted: 03/17/2010
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Law Review: The European Court of Human Rights as a Constitutional Court

    Alec Stone Sweet, On the Constitutionalisation of the Convention: The European Court of Human Rights as a Constitutional Court (March, 12 2010). Revue Trimestrielle des Droits de l’Homme, Vol. 80, pp. 923-44, 2009. Available at SSRN: http://ssrn.com/abstract=1569359

    “In this essay, I seek to make the best argument for the claim that the European Court of Human Rights is a constitutional court. The scope of the Court’s authority is comparable to that of national constitutional and supreme courts; and it is, today well positioned to exercise decisive influence on the development of a rights-based, pan-European constitutionalism. Further, judges in Strasbourg confront the same kinds of problems that their counterparts on national constitutional courts do; and they use similar techniques and methodologies to address these problems. Finally, I will argue that the European Convention of Human Rights [ECHR] has been constitutionalised by the combined effects of the entry into force of Protocol No. 11, and the incorporation of the Convention into national legal orders. Today, the Court’s basic constitutional task – its existential problem – is to manage the complex system of constitutional pluralism that has emerged. At the same time, the constitutionalisation of the Convention exacerbates the pluralism that already exists in many national legal orders. Far from being an oxymoron, “constitutional pluralism” describes a normal state of affairs in Europe.”


  • Posted: 03/17/2010
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  • Category: Global: Bench and Bar
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  • Source: ssrn.com

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Judge rules professor’s opinion columns not protected by First Amendment