Daily Archives: March 29, 2010

Times Online: “Saudi Arabia is pouring hundreds of millions of pounds into Islamist groups in the Balkans, some of which spread hatred of the West and recruit fighters for jihad in Afghanistan. According to officials in Macedonia, Islamic fundamentalism threatens to destabilise the Balkans. Strict Wahhabi and Salafi factions funded by Saudi organisations are clashing with traditionally moderate local Muslim communities.”

BBC News: “The US is considering abstaining from a possible UN Security Council resolution against Israeli settlements in East Jerusalem, sources suggest to the BBC.”

Telegraph: “New guidance from the Department of Health said staff can wear disposable sleeves which are elasticated at the wrist and elbow when in contact with patients. The guidance also states that using alcohol gel to cleanse hands between treating patients does not contravene strict Muslim rules on alcohol.”

The Jakarta Post: “The minimum age of 16 years to marry under the prevailing 1974 marriage law is not a sharia-binding regulation for Muslims, according to Nahdlatul Ulama (NU) jurists.”

Spiegel Online: “Delegates from right-wing populist parties from across Europe are descending on Germany this weekend for a conference looking into the possibility of an EU-wide minaret ban. The hosts, an anti-Muslim German group, hope to use the gathering as a springboard to success in local elections.”

Globe Gazette: “With the Legislature moving toward adjournment, the year-long battle to overturn the Iowa Supreme Court decision establishing same-sex marriage is moving to a new venue – the campaign trail.”

Aciprensa: “The March for Life organized by the Center for Family Promotion and Birth Control (CEPROFARENA) [gathered] more than 30 thousand people in Lima (Peru) . . . while In Arequipa Corso for Life brought together more than 18 thousand. Both demonstrations rejected abortion [and] the illegal decision of Health Minister Oscar Ugarte, to distribute the morning-after pill contrary to the Constitutional Court and the provisions of the Constitution.” [modified Google translation]

Ozan O. Varol, Strict in Theory, but Accommodating in Fact? (August 22, 2009). Missouri Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1459810

“This Article is an analysis and critique of deferential strict scrutiny. The Article reveals inconsistencies in the Court’s use of run-of-the-mill strict scrutiny and deferential strict scrutiny, which have left the lower courts in a quandary as to which version of strict scrutiny to apply and when. The Article argues that, if unconstrained, this newly minted version of strict scrutiny – which allows the government to avoid an exacting constitutional inquiry – puts at risk the very liberties that strict scrutiny was designed to protect.”

Dahlia Lithwick writing in Newsweek: “In a call with reporters, Erwin Chemerinsky, dean of the UC Irvine School of Law, pointed out that, as with the battle over desegregation in the ’50s and ’60s, ‘states can’t just block the implementation of federal laws.’ Washington and Lee law professor Tim Jost doesn’t believe the attorneys general even have legal standing to bring the suit. And conservatives ranging from President Reagan’s solicitor general Charles Fried to former federal-appeals-court judge Michael McConnell have blasted the new state laws that let states opt out of reform as legally ‘meaningless,’ ‘preposterous,’ and ‘absurd.’”

AP: “A gay teenager in upstate New York who had claimed he was relentlessly bullied by classmates while school administrators stood by settled his lawsuit Monday against the school district.” | Related: “In response to NYCLU lawsuit, Herkimer Co. School District agrees to measures to protect gay youth from harassment” | “NYCLU sues Herkimer Co. School District for failing to protect gay youth from harassment”

The Bulletin: “The Student Activities Commission (SAC) of Georgetown University, a Jesuit, Catholic university, voted in favor of funding an abortion ‘rights’ panel on campus, according to The Hoya.”

Times Online: “The balance of power within Silvio Berlusconi’s centre-right coalition looked set to shift towards the right-wing, anti-immigration Northern League yesterday after a two-day regional election marked by an unusually low turnout.”

CBC News: “One of the spiritual leaders from a B.C. polygamous community says he needs hundreds of thousands of dollars in government money to participate in a court review of Canada’s polygamy law in a case his lawyer argued Friday will put him and his community of Bountiful on trial.”

The Catholic Review: “The Archdiocese of Baltimore is suing Baltimore City to overturn a controversial new law that requires the city’s pro-life pregnancy centers to post signs saying they do not provide abortion or birth-control.”

JURIST: “Russian President Dmitry Medvedev signed a bill Monday re-implementing a ban on human cloning in Russia, according to the Kremlin Press Service. The bill, which replaces a previous ban on human cloning that expired in 2007, prohibits attempts to clone human beings until the state determines how to regulate the practice. The bill does not prevent embryonic stem cell research. The lower and upper houses of Russia’s parliament approved the legislation earlier this month.”

AP: “The graffiti was found as people arrived at the Greek Orthodox Cathedral of the Ascension to prepare for Palm Sunday services. They found a giant swastika, profanity and other racial epithets spray-painted on the outside walls and ground.”

Chicago Sun-Times: “A Cook County judge today tossed out a lawsuit that aimed to, once and for all, kill the state’s long-mothballed law requiring parents to be notified before a teenage girl can get an abortion. But in his complicated ruling, Cook County Judge Daniel A. Riley kept in place a ban on enforcing the new law, arguing that while the lawsuit is flawed — so, too, is the law itself.”

The Jakarta Globe: “Constitutional Court Chief Mahfud MD on Monday dismissed allegations that the court had been under intense pressure from conservatives to reject a challenge of the 2008 Anti-Pornography Law.” | Related: Indonesian provinces plan to ignore anti-porn law | Anti-porn statute to remain law of the land in Indonesia

The Reporter: “For the second month in a row, West Rockhill has put new rules on the books to keep a lid on sexually-related businesses. In February, it was restrictions designed to make sure massage parlors are not fronts for prostitution. In March, it was an update to zoning rules for adult entertainment businesses.” | Related: PA: West Rockhill passes sex shop restrictions

European Commission Press Release: “The European Commission today proposed new rules obliging EU countries to impose more severe punishment on those who sexually abuse children. The proposal also calls for criminal prosecution of activities like ‘grooming’ (befriending children with the intention of sexually abusing them) and “sex tourism”, even if the child abuse has taken place outside the EU. The Commission also wants more to be done to prevent these offences and to protect the victims. It particularly wants to make sure that offenders can get tailor-made treatment so that they don’t abuse again.”

“The European Commission has proposed new rules to step up the fight against trafficking in human beings. The new proposal, made on March 29 2010, will help to combat modern slavery by ‘ensuring consistency of national rules on crimes and penalties, better assistance for victims and tougher action to prosecute criminals responsible for trafficking,’ the European Commission media office said.” | The European Commission is the executive body of the European Union. Home Affairs Commissioner Cecilia Malmström’s site has this commentary and outline.

Wisconsin Ag Connection: “An Amish farmer near Loyal may have to go to court once again to fight for his right to be excluded from the state’s premises identification registration law. On Friday, Clark County District Attorney Darwin Zwieg filed a motion for reconsideration on behalf of the state after Judge Jon Counsell ruled earlier this month that Emanuel Miller Jr. does have a ‘religious right’ to be exempted from the rule, which requires anyone who keeps, houses, or co-mingles livestock to register their property with the state.” | Related: Wisconsin: Building Permit Charges Against Amish Farmer Dismissed on Free Exercise Grounds

Des Moines Register: “Ultimately, the difference comes down to this: Is the Bible the written word or the living word? Is it open-and-shut, or open to interpretation? It’s a battle of traditionalists vs. progressives. Traditionalists point to Romans, to Leviticus, to 1 Corinthians, each of which calls homosexual behavior a sin. Progressives say you must read Bible verses in the context of their time: God also outlawed eating pork, but that was because back then pork wasn’t safe.”

American-Statesman: “An Austin appellate court on Friday upheld the removal a decade ago of two politically charged plaques at the state Supreme Court building bearing the Confederate battle flag and seal. The black and gold plaques, installed in the 1960s under a since-repealed provision of law that dedicated the building to Confederate veterans, were removed in 2000 after complaints by the National Association for the Advancement of Colored People, among others.” | Ron Strybos and Texas Division, Sons of Confederate Veterans, Inc. v. Perry, No. 03-07-00073 (Tex. App. March 26, 2010)

Wall Street Journal: “President Barack Obama’s decision to circumvent the Senate in filling 15 administration posts marked another step in the administration’s turn toward a more-combative approach toward congressional Republicans, provoking a volley of protests from GOP lawmakers.”

Catholic News Agency: “Eighty percent of religious sites in the Chilean regions hit by last month’s earthquake are in desperate need of repair, according to a report prepared by the Office of Statistics for the bishops’ conference of Chile. The prelates note that some $260 million will be needed for reconstruction efforts.”

San Francisco Chronicle, City Insider: “The Board of Supervisors is scheduled to decide Tuesday whether to take the unusual step of providing a bailout to the nonprofit San Francisco Lesbian, Gay, Bisexual and Transgender Community Center.”

Christian Post: “A quarter of American Christians identify as charismatic or Pentecostal, a new survey shows. Those aged 26 to 44 are most likely to claim the Holy Spirit-filled identity (29 percent) compared to other age groups, the Barna Group found.”

Christian Post: “Church and faith school leaders in the United Kingdom have criticized a bill passing through Parliament that seeks to make sex and relationships education compulsory for schoolchildren from the age of five . . . They said the Labour Party’s Children, Schools and Families Bill undermined this principle and was seeking to ‘impose a particular ideology’ by introducing statutory sex and relationships education, something primary schools do not currently have to teach.”

Parents and Friends of Ex-Gays & Gays: “PepsiCo, Inc. is the leading corporate sponsor of Parents, Families and Friends of Lesbians and Gays, Inc. (PFLAG). PFLAG’s latest publication, a religious guidebook, incorrectly labels ex-gay conferences as ‘anti-gay’ and urges PFLAG members to protest against religious conferences which feature ex-gay speakers. ”

CNSNews: “A Christian militia group was a target of at least one of a series of weekend raids the FBI conducted in Indiana, Michigan and Ohio, a Michigan militia leader says.”

Associated Press: “Australian Communications Minister Stephen Conroy says the filter would block access to sites that include child pornography, sexual violence and detailed instructions in crime or drug use.”

The Guardian: “Gay male couples will be able to use a fast-track route to become the legal parents of surrogate children from next week. On 6 April, changes to the law will permit two men to be named as parents on a child’s birth certificate for the first time in British history. The transition will take effect following the implementation of the final piece of the 2008 Human Fertilisation and Embryology Act.”

“‘I simply cannot allow partisan politics to stand in the way of the basic functioning of government,’ said Obama.”

“A Women’s Center representative told Duke Students for Life (DSFL) that ‘we have a problem’ and an ideological ‘conflict’ with the event, which was supposedly canceled to protect Duke women from encountering the event during the group’s ‘traumatizing’ pro-life ‘Week for Life.’”

Washington Post: “Two female suicide bombers set off powerful explosions in separate subway stations in central Moscow during the morning rush hour Monday, killing at least 38 people and injuring more than 60 others in what officials said was the deadliest and most sophisticated terrorist attack in the Russian capital in six years. The twin blasts, which occurred about 45 minutes apart, spread panic through the city as residents were returning to work after Palm Sunday and raised fears that Islamist militants in southwestern Russia were making good on threats to begin staging attacks throughout the country again.”

Massachusetts Citizens for Life: “‘If the statute had directed or even authorized HHS to exclude abortion from the spending, there would be nothing to challenge. But a mere executive branch decision not to fund abortion under such a statute is simply a legal challenge waiting to happen’ . . . We appreciate Matt Bowman’s analysis. Matt is with the Alliance Defense Fund.” | Matt Bowman’s full article appears at the ADF Alliance Alert and LifeNews.

Milwaukee Journal-Sentinel: “Matt Bowman of the Alliance Defense Fund, a public-interest law firm, said that on its face, it looks like a state agency is doing what has been illegal since 1977. This is no minor point. Aside from the legality of abortion, about which society seems to have settled into a detente, there are laws that keep that detente from breaking into war. One is the funding ban. Lots of people don’t want their money nor their public institutions complicit in something they regard as contract murder.”

Memphis Daily News: “Shelby County Commissioners are scheduled to take a final vote today on an ordinance that would better define restrictions on where strip clubs and other adult entertainment businesses can locate in the county.”

Jerusalem Post: “A petition by a male, homosexual married couple to engage a surrogate mother in Israel raises profound social, philosophical and ethical issues and should therefore be decided by the Knesset and not the court, the state told the High Court of Justice late last week.”

The Record: “A group of local artists is joining a fight to stop the demolition of a Brooklyn church, whose façade was created by Gaetano Federici, Paterson’s master sculptor . . . The Roman Catholic Diocese of Brooklyn plans to sell the 102-year-old church building to Catholic Charities, which would build 88 affordable housing units in its place.”

Washington Post: “A long-sought measure that could channel millions of dollars in tax credits to struggling Catholic, Jewish and private schools is making inroads in the Maryland House of Delegates for the first time, in what would be a major shift of public money toward private education.” | HB 812 | SB 385

Kathleen Parker writing in The Washington Post: “Prediction: Abortions will be performed at community health centers. You can bet your foreclosed mortgage on that. There was always a will by this administration, and now there’s a way.”

Wall Street Journal: “As a result of last Sunday’s vote, the Europeanization of America is coming to pass, for individual choice and opportunity are being replaced by statism . . . for the first time in our history, we are becoming just another European nation, with bigger government, higher taxes, more regulation of almost everything, and the basic public-policy preference that the government, not we the people, should be in charge of the nation’s choices.”

Arizona Republic: “In case after case, Goldwater is winning its conservative fights in the courtroom. The legal rulings are restricting governments’ influence over businesses and charter schools and limiting how cities can use taxpayer funds . . . The Scharf-Norton Center for Constitutional Litigation opened in 2007, and its test case pitted Goldwater against Horne, a prominent state conservative. At issue was Horne’s mandate that charter schools align their social-studies curriculum with state standards.”

New York Times: “Like several other states, New Hampshire has been wrestling with ways to address its budget deficit and has been considering new forms of gambling to help fill its treasury and add jobs . . . At least 18 states are considering expanding gambling because of a drop of 5 percent to 14 percent in revenue they collect from lotteries, horse racing and casinos, according to The Lottery Post, an industry newsletter.”

AP: “Britain’s Europe Minister Chris Bryant has taken part in Parliament’s first gay marriage, celebrating a civil partnership ceremony at the historic venue.”

The Vancouver Sun: “A niqab-clad woman must uncover her face to apply for a medicare card and may not insist on being served by a woman, Quebec’s human rights commission says in an official opinion made public yesterday.”

Las Vegas Sun: “The language in an initiative petition that seeks to ban abortions in Nevada is so vague that voters would never understand the consequences, the American Civil Liberties Union says . . . A group called Personhood Nevada wants to add the following to the Nevada Constitution: ‘In the great state of Nevada, the term ‘person’ applies to every human being.’” | Ballotpedia: Nevada Personhood Amendment (2010)

San Antonio Express-News: “A civil judge declined Friday to continue giving court protection to a North Side strip club that city officials tried to close last month.”

AP: “The Secretary of State’s Office said Friday that Colorado-based Personhood USA submitted enough valid signatures to put an abortion-ending proposal to a statewide vote this fall.” | Ballotpedia: Colorado Fetal Personhood Amendment (2010)

WorldNetDaily: “A federal judge will allow to continue a lawsuit by a former student against a long list of university officials who tossed her out of a graduate counseling program after she said her Christian beliefs would not allow her to affirm homosexual behavior . . . [David French], senior counsel for the ADF, said then, ‘When a public university has a prerequisite of affirming homosexual behavior as morally good in order to obtain a degree, the school is stepping over the legal line.’”

The Capital: “In more than a decade of bills on same-sex marriage, none have passed the General Assembly. And as Maryland follows the trajectory of states that have legalized gay marriage, advocates may not want a vote anytime soon.”

WFAA-TV: “The class professor called the play, citing safety and security concerns for the students, along with the need to maintain an orderly academic environment.”

Deseret News: “In a keynote speech, Patrick Trueman, former chief of the federal Child Exploitation and Obscenity Section, lambasted the Obama administration for its alleged lack of concern for illegal pornography, which Trueman said can be found in almost ‘every’ publication and video available.”

Salt Lake Tribune: “About 1,000 Utahns were told to join the ‘war on pornography’ Saturday at a conference aimed at teaching them how to protect themselves and their children against it or how to get help if they are addicted. ‘Internet pornography is the sexual revolution times 1,000,’ said Patrick Trueman, former chief of the U.S. Department of Justice’s Child Exploitation and Obscenity Section Criminal Division under President Reagan and President George H.W. Bush.” | Pornography Harms

Joanna L. Grossman, Civil Rites: The Gay Marriage Controversy in Historical Perspective (March 18, 2010). Law, Society and History: Essays on Themes in the Legal History and Legal Sociology of Lawrence M. Friedman, Robert Gordon, ed., Cambridge University Press, 2010. Available at SSRN: http://ssrn.com/abstract=1574401

“This short essay, written for a volume that celebrates and reflects on Lawrence M. Friedman’s work in legal history and legal culture, explores the modern controversy about same-sex marriage through a historical lens. The legalization of same-sex marriage by five states, and the express condemnation of it by more than forty others, has reintroduced the age-old problem of non-uniform marriage laws and the complicated interactions that follow. This modern story – a challenge to traditional marriage, a divisive moral debate, and the emergence of strong oppositional forces that are stuck, at least temporarily, but perhaps indefinitely, in a kind of stalemate – is not an original one. American states have never been of one mind about the appropriate level of state control over domestic relations, and the federal government has, for the most part, steered clear. Though most conflicts involving state regulation of marriage and divorce had been resolved by the middle of the twentieth century, the battles were long, hard fought, and left an indelible imprint on family law history. In this essay, I argue that the same-sex marriage controversy re-invokes a long history of battles among states over regulation of marriage and divorce, and that lessons from these historical battles are still relevant. The lessons of history – about the legal structures produced in times of panic, the influence of social and economic pressures on law’s development, and the importance of the ‘separate histories of the law of the fifty states’ – cannot be ignored. Nor should we lose sight of Friedman’s recurring observation that social forces, eventually, ‘shape the legal order.’”