Daily Archives: March 22, 2010

AP: “The Arizona Senate has approved a bill to strengthen reporting requirements on abortions . . . ”

WMBFNews.com (AP): “A South Carolina councilman’s prayer to Jesus against abortion and same-sex marriage to open a county council meeting has drawn at least one complaint . . . ”

AP: “Civil rights groups that campaigned against California’s same-sex marriage ban have lost an attempt to withhold internal memos and e-mails from lawyers for the other side . . . ”

Denver Post: “Growing churches and their home communities sometimes find themselves at an uncomfortable crossroads, where the demands of a burgeoning congregation conflict mightily with local land-use rules. Colorado churches, backed by a powerful federal law, have been bold in making their case for expansion, with some arguing that plans for bigger, better church campuses trump planning maps.”

South Bend Tribune: “‘There’s a whole segment of the (gay) community for whom the marriage equality bit seems way too heteronormative,’ mimicking conventional heterosexual practices, said Suzanne Scott, director of women and gender studies at George Mason University. ‘Some would even argue that marriage is an outdated norm based on archaic rules.’”

Seattle Post-Intelligencer: “Washington state Attorney General Rob McKenna said Monday that he’s joining a multistate challenge to the constitutionality of a health care overhaul bill passed by Congress.”

WAFB.com: “Louisiana Attorney General Buddy Caldwell says Louisiana will file a lawsuit challenging the national health care legislation passed by Congress Sunday.”

New York Times: “Opponents of same-sex marriage have long said the issue does not belong in the courts. Lately they have gone a step further . . . ‘To think that somehow the rules of evidence can lead you to the right answer is just not right,’ said Jordan W. Lorence, a lawyer with Alliance Defense Fund and a member of the trial team for the people and groups who intervened to defend the ban after state officials would not. ‘There should not have been a trial.’”

“A midlevel state appeals court has ruled that even though New York doesn’t have a civil union law, its courts do have the power to annul a same-sex union made in another state.”

Christian Post: “Officials in Laos’ Saravan Province on Thursday visited 48 Christians expelled from Katin village and assured them that they had the legal right to embrace the faith of their choice, according to advocacy group Human Rights Watch for Lao Religious Freedom (HRWLRF).”

Dr. R. Albert Mohler, Jr. writing at his blog: “A more fundamental question is whether Christian organizations can remain Christian in the light of such anti-discrimination codes and policies. The presenting issue in the current case has to do with the issue of homosexuality. But what about the clause banning all discrimination on the basis of ‘religion?’ The Hastings policy would appear to exclude any Christian student organization that would refuse entry to an atheist.”

The Post and Courier: “A South Carolina councilman’s prayer to Jesus and against abortion and same-sex marriage to open a county council meeting has drawn at least one complaint, a newspaper reported Sunday.”

Associated Press: “A Missouri Southern State University committee is looking into adding protections for gays and lesbians to its nondiscrimination policy.”

John Whitehead of the Rutherford Institute writes at the Huffington Post: “The First Amendment right to free speech is on life support. And with its recent refusal to review the case of Nurre v. Whitehead, the Supreme Court may have pulled the plug.”

NY Times: “Authorities are trying to find out who threw bricks through windows and doors at two Democratic Party offices in western New York before Sunday’s health care vote . . . ”

“Today, the President announced that he will be issuing an executive order after the passage of the health insurance reform law that will reaffirm its consistency with longstanding restrictions on the use of federal funds for abortion . . .”

“What the president’s executive order did not do is include the complete and total ban on private health insurance coverage for abortion that Congressman Bart Stupak (D–MI) had insisted upon.”

Connecticut Law Tribune: “A divided state Supreme Court ruled Monday that all school children in the state are guaranteed not just a free public education, but a “suitable” one that adequately prepares them for a career or college. The 4-3 decision could ultimately change the way public education is funded in the state. If so, then Connecticut Coalition for Justice in Education Funding v. Rell will go down as the most significant education-related ruling in Connecticut since 1996, when justices in Sheff v. O’Neill mandated efforts to end racial isolation in schools.”

Gizmodo: “The Chinese government regulates the Internet according to laws and will improve its regulation step by step according to its own needs. It is a pure internal affair.
Regrettably, Google’s recent behaviors show that the company not just aims at expanding business in China, but is playing an active role in exporting culture, value and ideas. It is unfair for Google to impose its own value and yardsticks on Internet regulation to China, which has its own time-honored tradition, culture and value.”

LifeNews: “In comments to Fox News today, Congressman Bart Stupak admitted pro-abortion President Barack Obama could repeal the executive order he promised Stupak in exchange for a handful of pro-life Democrats supporting the health care bill that funds and promotes abortions.”

LA Times: “With negotiations at an impasse in the high-profile showdown that has escalated tensions between China and the United States, Google Inc. has begun to redirect users of its Chinese-language search engine to uncensored results on its Chinese-language service based in Hong Kong.”

Breitbart (AP): “Texas Republican Rep. Randy Neugebauer acknowledged Monday that he is the lawmaker who shouted out “baby killer” during a floor speech by Rep. Bart Stupak . . . Neugebauer insisted in a statement that he was not referring directly to Stupak but to the agreement that the Michigan Democrat helped work out with the White House.”

Spero News (AsiaNews): “China’s State Religious Affairs Administration has issued new, more restrictive financial accounting rules for religious organisations. For experts, the new regulations give the authorities more tools to limit the latter’s activities.”

WVEC.com: “Cuccinelli said in a statement Monday that his office plans to file its complaint in U.S. District Court as soon as President Barack Obama signs the measure into law.”

The Malaysian Insider: “A Malawi gay couple facing charges of buggery and indecency after getting engaged in a traditional ceremony late last year have a case to answer, a magistrate court ruled today . . . ”

Penney J. Lewis, Euthanasia in Belgium Five Years after Legalisation (January 9, 2009). European Journal of Health Law, Vol. 16, 2009. Available at SSRN: http://ssrn.com/abstract=1573667 | “In 2002, Belgium became the second country to legalise euthanasia after the Netherlands. Three biannual reports have been published by the Federal Control and Evaluation Commission, the body which monitors the application of the law. This article explores how the Belgian law works and what is known about Belgian euthanasia practice both before and since legalisation.”

The Roanoke Times: “Increases have been small — and it’s difficult to pin down an exact number because so few actually get to court — but prosecutors say sexting cases are becoming more prevalent in court systems around the Roanoke region.”

Gallup: “Gallup’s underemployment measure hit 20.0% on March 15 — up from 19.7% two weeks earlier and 19.5% at the start of the year . . . Gallup classifies Americans as underemployed if they are unemployed or working part-time but wanting full-time work.”

National Post: “Francois Houle, vice-president academic and provost, advises Ms. Coulter, who holds a law degree, to review Canada’s hate speech and defamation laws before giving her talk at the university.”

The opening transcript from Rush Limbaugh’s show is available on his website and linked on the Drudge Report.

NCSL sexting legislation report: “In 2010, at least 15 states have introduced or are considering bills or resolutions aimed at “sexting”—the practice of sending sexually explicit or nude or semi-nude photos of children by cell phone. The legislation generally aims to educate young people about the risks of sexting, deter them from the practice and apply appropriate penalties to those who do engage in sexting.”

Associated Press: “Connecticut lawmakers are considering a bill that would try to establish more realistic penalties for teen sexting.” | HB 5533 | National Conference of State Legislatures Report on Sexting Legislation

Washington Post: “Rep. John Campbell (R-Calif.) acknowledged late Sunday night that a Republican yelled ‘baby killer’ as Democratic Rep. Bart Stupak (D-Mich.) urged his fellow Democrats to vote down a Republican amendment on abortion services in the health-care legislation.”

KIROTV: “Members of the Celebration Church said they will attend a city council meeting, speak to the council and protest and pray outside City Hall. The city is reviewing its 25-year-old adult entertainment ordinance on light of Club Sin Rock’s opening last Thursday.”

Allen Hunt writes at Townhall: “Homosexuality does not lead to bestiality. However, the institutionalizing of gay marriage does lead to definitional confusion. CNN evidently does not know the difference between these two basic points. In covering J. D. Hayworth’s campaign for an Arizona seat in the U. S. Senate this week, the news agency misrepresented Hayworth’s remarks about the idea of gay marriage and its implications. Hayworth is right, and CNN is wrong.”

Reuters: “Republican attorneys general in 11 states warned that lawsuits will be filed to stop the federal government overstepping its constitutional powers and usurping states’ sovereignty.”

The Christian Institute: “A homosexual couple who, on Friday night, were denied a double room in a Berkshire B&B owned by Christians say they are considering suing. The Christian owners, Mike and Susanne Wilkinson, say it is a matter of religious conscience and they should be free to follow their beliefs in their own home . . . The Christian couple are being advised by The Christian Institute. The case mirrors that of Christian B&B owners from Cornwall who are currently being sued over the same issue.”

Star Parker writes at Townhall: “Speaking a couple years ago about technology and education, Apple CEO and founder Steve Jobs said that technology wouldn’t matter as long as you can’t fire teachers. ‘I believe that what is wrong with our schools in this nation is that they have become unionized in the worst possible way,’ he said.”

The Wall Street Journal has reprinted this column by the late Milton Friedman: “Is it such a great achievement? What do you mean by ‘free’? The doctors don’t work without pay. It’s just that the patient doesn’t pay them, they’re paid out of the public budget. The public budget comes from these same patients. Treatment isn’t free, it’s just depersonalized. If the cost of it were left with the patient, he’d turn the ten rubles over and over in his hands. But when he really needed help he’d come to the doctor five times over. . . .”

Times Online: “Up to 95,000 descendants of the prophet Muhammad are planning to bring a libel action in Britain over ‘blasphemous’ cartoons of the founder of Islam, even though they were published in the Danish press . . . Yamani is expected to justify the action by claiming that the cartoons, including one of Muhammad wearing a bomb-shaped turban, were accessible in Britain on the internet. Critics say the case is a political stunt and yet another example of how England has become the leading destination for ‘libel tourism’. The English defamation laws make it easier to bring and win libel cases here than in jurisdictions such as America that place greater emphasis on freedom of speech.”

Law.com: “The list includes Solicitor General Elena Kagan, appeals court Judges Diane Wood and Merrick Garland, and Homeland Security Secretary Janet Napolitano.”

AP: “The 220-211 roll call Sunday by which the House passed the Reconciliation Act of 2010, including key changes to the Senate health care bill. A ‘yes’ vote is a vote to pass the bill . . . ”

AP: “The Supreme Court has rejected a challenge to a Massachusetts law that creates a protest-free zone around the entrances and driveways of abortion clinics.”

AP: “China’s state-controlled media intensified criticism of Google on Monday, accusing the U.S. company of playing politics by threatening to shut down its China-based search engine.”

OneNewsNow: “[Jordan Lorence], senior counsel with Alliance Defense Fund (ADF), believes UNC-Wilmington refused to promote Dr. Adams because of his religious beliefs and political viewpoints, as espoused through his columns at TownHall.com and elsewhere . . . ‘And if we do appeal, we would go up to the federal appeals court and [argue that it] should not have been decided in this summary, one-sided fashion in favor of the university,’ explains the ADF attorney. ‘There should have been a trial before a jury to understand . . . the true motives of the school officials in denying the full professorship to Dr. Adams.’”

USA Today: “Should a student religious group at a public university be allowed to bar a certain group of students from membership — gay students, to be precise — without losing its official student-group status, and the funding and other benefits that go with it? . . . ‘It’s completely unreasonable — and unconstitutional — for a public university to disrupt the purposes of private student groups by forcing them to accept as members and officers those who oppose the very ideas they advocate,’ says [Gregory Baylor], a lawyer for the Alliance Defense Fund, a Christian legal-advocacy group assisting the student group.”

OneNewsNow: “An Arizona town is backtracking its zoning laws after halting house church meetings . . . ‘Thankfully, the town has since apologized to the church and is taking steps to fix what they did and protect the religious liberty of both the Oasis of Truth Church and other churches in the Gilbert area,’ [Blomberg] reports.”

EnidNews: “In the city of Gilbert, Ariz., you apparently can gather your friends for a football game at your house, have an all-out bachelor (or bachelorette) party in your home or maybe just have a few friends over for a quaint evening of discussion as long as you don’t discuss the Bible . . . ADF filed an appeal on Sutherland’s behalf, asserting, among other things, the zoning code violates the Constitution’s Free Exercise Clause and Arizona’s Free Exercise of Religion Act. ADF further pointed out the town attempted to defend the code based on traffic, parking and building safety concerns and how the interpretation would prohibit even three-person church leadership meetings or church-sponsored potluck dinners in a residential home.”

AP: “That reputation was put to the test Monday as the Supreme Court began hearing a dispute between a German heiress and her ex-husband, a case that hinges on the issue of whether prenups can be enforced in England, one of the few countries in which they have no legal standing.”

“The New York Times just ran a story on a year-old paper written by two Chinese researchers which documented a more efficient way to create a cascading failure on the Western power grid of the U.S. The focus of the article by John Markoff and David Barboza wasn’t on the research itself, but instead it focused on the atmosphere of paranoia surrounding the U.S., China and the power grid.”

LifeNews: “Secretary of Health and Human Services Kathleen Sebelius announced this morning that President Barack Obama will sign the pro-abortion health care bill into law on Tuesday.”

Pensacola News Journal: “U.S. District Judge Casey Rodgers said in a Feb. 19 decision that Christian Educators Association International lacked standing to intervene in the case because it hadn’t demonstrated that the agreement between the ACLU and the district to discontinue pray in schools created a reasonable “chill” on its members’ First Amendment rights.”

Hat tip: Religion Clause Blog

At the Volokh Conspiracy, Jim Lindgren has posted a recent email sent out by the White House. What is the 100 year reference is about?

Religion Clause Blog: “Teesdale v. City of Chicago, (ND IL, March 17, 2010), is a suit by Garfield Ridge Baptist Church and five of its members who were prevented by police acting as security guards from handing out religious tracts, and from using a megaphone, at a Festival being held (with a city permit) by a Catholic parish on parish grounds and surrounding streets.”

ADF attorney Daniel Blomberg writes in the East Valley Tribune: “Of course, cities can have some reasonable regulations on how homes are used, preventing your next-door neighbor’s duplex from being turned into a shopping mall or a convention center. But such regulations are only legitimate when focused on concerns like traffic, parking, building code safety, and the like. And where the law restricts religious uses without basis in such legitimate concerns, it leaves behind all pretense of legitimate regulation and becomes a tool to silence the church.”

Justice Alito dissented from the denial of certiorari in the case of Nurre v. Whitehead, No. 09-671. In Whitehead, the school music teacher allowed students to select a piece to be played for graduation. Students selected Ave Maria. The school then censored their decision, because the music is religious. The 9th Circuit upheld the censorhip. Justice Alito writes in part . . .

Religion Clause Blog: “New Covenant Baptist Church bought new property and began to occupy it as a church in 2005. It thought its previous property was exempt since it never received a tax bill. However in fact the county wrongly omitted its previous property from the tax rolls because the church had never properly applied for an exemption. In re New Covenant Baptist Church, Inc., (TN Bd. Equal., Feb. 26, 2010), the Tennessee Board of Equalization concluded that the church was not entitled to the grace period for its new property because its previous property was not in fact exempt . . . ”

LA Times: “Democrats may feel today as though they just fought — and won — the equivalent of a 100-year war. The House passage Sunday night of sweeping healthcare legislation ends months of caustic debate over the plan and the way it was enacted, marked by a steep decline in approval for Democrats almost everywhere.”

“Rep. Bart Stupak (D-Mich.) said House leaders are specifically concerned about a Republican motion to recommit that would contain only language on abortion that Stupak originally had wanted to include in the Senate bill.”

But, pro-life groups unanimously opposed the executive order saying they don’t trust Obama and that technically it will fail in its attempt to stop the legislation’s abortion funding. They say an executive order can’t modify federal law and that abortions will be funded regardless of the content of the executive order.

“The Stupak-Obama purported fix also sets the stage for a new front in presidential politics that will further politicize the abortion issue. The decision over taxpayer funding for abortion and critical conscience protections now rests with President Obama, Kathleen Sebelius, and future presidents.”

“Senate Republicans say they can get the whole package of reconciliation fixes – the fix-its that make the Senate plan palatable to House Democrats – thrown out with a trump card procedural motion. And they say Democrats are slow-walking a decision from the parliamentarian until the House passes the Senate bill. That means the Senate bill, which everyone in the House seems to universally hate, will be the law of the land.”