Daily Archives: April 19, 2010

CNSNews: “Indonesia’s constitutional court upheld a controversial blasphemy law Monday that critics say limits religious freedom in the world’s largest Muslim-majority country, ruling that the law is vital to religious harmony.”

CNSNews: “An atheist group is calling on President Obama to ditch the National Day of Prayer and formally recognize its own ‘non-theist’ version called ‘The National Day of Reason.’”

Breitbart (AP): “Cuba’s Roman Catholic cardinal says the country is in one of its worst crises in recent times, with its people demanding political and economic changes sooner rather than later.”

ADF Attorney Greg Baylor appeared on Religion & Ethics NewsWeekly (includes video and transcript) with Tim O’Brien to discuss CLS v. Martinez. The mp3 runs just under 8 and a half minutes.

Lambda Legal: “The American Civil Liberties Union of Tennessee and Lambda Legal announced today that they have received assurances from officials at Greenbrier High School that the school will stop censoring a student from wearing shirts expressing pro-gay messages. The school will also provide training on its anti-bullying policy to staff and students to ensure that it is clear that harassment of any student, regardless of sexual orientation, is not acceptable . . . ”

ADF attorney Doug Napier vs. Rob Boston of Americans United for Separation of Church and State on CNN HLN.

The MP4 runs approximately 7 minutes.

Catholic Culture: “Bishop Moran, who was present along with 20 other bishops in Brussels for a meeting of the Commission of the Bishops’ Conferences of the European Union, added that the bishops in attendance were ‘shocked to know that someone in Rome had said that this is a problem of homosexuality.’”

See:

Is the sex abuse scandal in the Catholic Church a “gay” scandal?

Media like snake oil salesmen in reporting “gay” role in Church sex abuse scandal, Vatican finally confronts

Catholic Culture: “In 1900, 76% of the population of sub-Saharan Africa practiced indigenous religions, while 14% were Muslim and 9% were Christian. Today, 57% of the population is Christian, while 29% are Muslim and 13% practice indigenous religions.”

Pro-Life Wisconsin: “On behalf of Pro-Life Wisconsin, the Alliance Defense Fund filed a formal request on Friday, April 16, with the Wisconsin Attorney General’s office. The request asks for an opinion on whether it is illegal for the University of Wisconsin Hospital and Clinics Authority [UWHCA] to pay resident physicians while they are being trained to do abortions at Planned Parenthood in Madison . . . ”

“From questions and comments, it appeared that the Justices would line up — at least preliminarily — this way . . . ”

Politics Daily: “U.S. Supreme Court justices seemed to split along ideological lines Monday in a case that pits anti-discrimination policies in public universities against the First Amendment rights of students . . . Alliance Defense Fund attorney [Casey Mattox], an organization supporting CLS, said the questioning led him to believe the justices’ ruling may favor the Christian group. ‘I am hoping they see Hastings’ policy isn’t just unreasonably, its silly,’ he said.”

M.Z. Hemingway writing at GetReligion: “I usually try to cut reporters a bit of slack if they’re writing the first story or two about a big issue. But you have to wonder about this [McClatchy Newspapers report] by Michael Doyle . . . if you’re going to say that lawyers are fighting over what the fight is about, shouldn’t you, you know, talk to the lawyers on opposing sides? . . . it’s not like the folks at the Alliance Defense Fund are hard to reach.”

Blog of the Legal Times: “Senate Majority Leader Harry Reid (D-Nev.) said today that he plans to stay in session ‘around the clock’ until there are votes on five presidential nominees, including three for judicial vacancies, one for the Justice Department, and one for the Treasury Department. While senators aren’t yet breaking out the cots for late-night votes, the threat signals a renewed effort to push nominees to confirmation.”

ADF attorney Greg Baylor appeared with Barry Lynn of Americans United for Separation of Church and State on Fox News to debate some of the issues arising from Christian Legal Society v. Martinez.

The MP4 runs just under 5 minutes.

LA Times: “The recent death of 13-year old Yemeni child bride Elham Assi, who reportedly bled to death last week after being tied down and forced to have sex with her 23-year-old husband, has sparked outrage among rights activists in Yemen. They are now stepping up their lobbying efforts to push for the implementation of a child marriage ban. But that may prove a daunting challenge since fierce opposition against a ban on child brides still runs high among some religious leaders and conservative . . . ”

BBC: “It has emerged that two girls living in Northern Ireland have been made the subject of a court order to stop them being forced into marriage in Pakistan.”

LifeNews: “A dustup over one of the names on President Barack Obama’s short list for president has one political observer thinking Elena Kagan may become Obama’s pick to replace retiring pro-abortion Supreme Court Justice John Paul Stevens. The aggressive posture of the White House in defending Kagan may reveal Obama’s intention. The dustup began when CBS News posted a story on its web site containing allegations that Kagan is a lesbian . . . ”

Independent: “Two of Britain’s largest teachers’ unions have voted in favour of boycotting this year’s national curriculum tests for 11-year-olds . . . Both unions claim the ‘high stakes’ nature of the tests – which are used to compile primary school league tables – have led to too many primary schools teaching to the test in the final year of primary school, making lessons dull for pupils . . . ”

One News Now: “Attorney Jordan Sekulow of the American Center for Law & Justice says Crabb’s decision is ‘flawed.’ ‘The Establishment Clause is to mandate the federal government from establishing a national church, to say that you have to read a specific Bible or to say a specific prayer,’ he clarifies. ‘That’s not what’s done in this National Day of Prayer Proclamation. Here, we are again just signifying and looking back on our history, respecting our history of the founding of the Judeo-Christian country.”

One News Now: “Pennsylvania lawmakers are again considering a bill to provide birth certificates for stillborn babies.”

Newsrealblog: “Dina el-Gowhary’s father, Peter Athanasius, is a convert also. Our religious freedom bus ads in Miami, pictured above, were pulled by Miami-Dade Transit for being “offensive to Islam.” CAIR’s Muhammed Malik said: ‘Islam guarantees freedom to and freedom from religion.’ Will he then issue a public statement in support of Dina el-Gowhary and Peter Athanasius? Don’t hold your breath — but this case yet again shows that our ad is entirely accurate, warranted, and justified. That’s why we have filed suit against Miami-Dade Transit.”

Delaware Online: “The Supreme Court could use a justice with a background in politics, Sen. Ted Kaufman believes . . . While he appreciates circuit court judges’ legal experience, he said it’s wrong to have nine of them on the Supreme Court . . . ”

LifeNews: “The request, joined by the Alliance Defense Fund, a pro-life legal group, asks for an opinion on whether it is illegal for the University of Wisconsin Hospital and Clinics Authority [UWHCA] to pay resident physicians while they are being trained to do abortions at Planned Parenthood in Madison.”

Religion Clause Blog summarizes and links to several backgrounders on the litigation.

CBN News: Attorney [Austin R. Nimocks] with the The Alliance Defense Fund, a conservative Christian non-profit organization, argues that Christian businesses . . . have every reason to be concerned. ‘A law that would require an organization to retain employees who don’t fulfill that organization’s mission is a dangerous law,’ he said. ‘It’s like requiring an environmental group to fill up its board with a bunch of lumberjacks or requiring a Democratic senator to hire a bunch of Republican staffers.’”

New York Times: “Many years after their campus days in Cambridge, Mass., President Obama and Chief Justice John G. Roberts Jr. have emerged as the intellectual gladiators in a great struggle over the role of government in American society. In this moment of churning uncertainty and ideological ferment, it is a struggle that is already defining the selection of the next Supreme Court justice and could easily help shape the course of the nation for years to come.”

Forum 18: “Tajikistan continues to seriously restrict freedom of religion or belief, Forum 18 News Service has found. At least 236 Five-fold, 48 Central cathedral, and 12 Cathedral mosques, as well as over 12 non-Muslim religious organisations have not been re-registered under the Religion Law.”

AFP: “Sectarian tension is rising in a Muslim-dominated northern Nigeria state following the murder of a pastor and his wife as Christians call for revenge, residents and officials said.”

OneNewsNow: “Officials from the Moroccan government have met with evangelical leaders over concerns stemming from the recent expulsion of Christians from the Middle Eastern country.”

ADF Attorney Greg Baylor appeared on The Takeaway to discuss CLS v. Martinez. | The mp3 runs just over 6 minutes.

Spero News: “Christians in a central Indian tribal belt expressed relief after churches and pastors were given police protection. Balaghat district in Madhya Pradesh faced trouble after police resisted attempts by some rightwing Hindu groups to storm the concluding function of a Christian program on April 15.”

Grand Forks Herald: “The Eastern North Dakota Synod Assembly narrowly defeated a resolution Sunday that would have called for a reversal of its denomination’s decision to allow individuals in same-gender relationships to serve in the clergy. That resolution failed by a margin of 190-213 on the second and final day of the annual assembly of the Evangelical Lutheran Church in America’s END Synod in Jamestown.”

Washington Post: “If President Obama nominates U.S. Circuit Judge Diane P. Wood to replace retiring Supreme Court Justice John Paul Stevens, social conservatives say they intend to make her rulings on abortion rights the primary point of contention.”

The Georgian Times: “Paata Sabelashvili, President of the Inclusive Foundation, has filed a complaint at the Media Council stating that Kavkasia TV journalist Aleko Elisashvili has encouraged homophobic behaviour. This will be the second case the Media Council has considered, but the first related to gay rights in a conservative-minded country.”

Associated Press: “Concerns that visible signs of Islam erode national identity are combining with complaints that immigrants are stealing jobs during the economic slump, deepening a sense of unease in many European countries, small and large alike, over the role of Muslims in society.”

Church Times: “The three main party leaders, as they entered the second week of the General Election campaign and launched their manifestos, spoke positively of the part played by churches in com­munity-building.”

Boston Herald: “Republican Christy Mihos was muscled out of the GOP primary today as gubernatorial candidate Charles D. Baker took 89 percent of the delegate vote, leaving Mihos with just 11 percent, according to unofficial estimates.”

SeacoastOnline: “Effective Jan. 1, 2010, New Hampshire became the sixth state to recognize marriages between persons of the same sex. New Hampshire’s statute provides that couples who entered into civil unions in other states will be considered married in New Hampshire, and civil unions performed under the state’s prior law will be converted into marriages. Same-sex marriages are treated identically to other marriages under New Hampshire laws, and dissolution will be governed by the same divorce statutes.”

Angus Reid: “People in Spain are not satisfied with their government’s new pregnancy termination regulations, according to a poll by NC Report published in La Razón. 54.2 per cent of respondents oppose the Abortion Law.”

“There is no need for the Court to ‘choose sides’ in the culture war. It simply needs to uphold the Constitution . . . ”

Family First NZ: “Family First NZ says that three out of four parents of young children want the abstinence message taught in sex education – with 69% of kiwis overall supporting the ‘wait’ message.”

Spero News: “Catholic obstetricians of the NGO MaterCare International (MCI) have called for greater emphasis on prenatal care and more qualified medical assistance to developing countries, instead of increasing reproductive health programs that include birth control through the use of condoms, and so-called ‘safe’ abortions.”

Chicago Sun-Times: “Their divorce was settled three years ago, but there they were Friday, back in Cook County Domestic Relations Court, this time fighting over a contentious religious issue: Could a devout Jewish mother force her ex-husband, who isn’t Jewish, to feed their 7-year-old son kosher food when he has the boy?”

“Chief Justice John Roberts and Justice Samuel Alito questioned the school’s lawyer sharply, saying that being forced to admit someone who doesn’t share their beliefs was a threat to the group. But Justices Ruth Bader Ginsburg and Sonia Sotomayor pressed the group’s lawyer on notion that if they can ban gays, other groups can legally ban women and minorities.”

Legal Newsline: “The U.S. Supreme Court on Monday will hear the case of whether employees’ text messages sent by an employer-owned device are considered private.”

ABC: “President Obama today fought for Congressional voting rights for Washington, D.C. in a generations-old battle waged since the founding of the federal district.” | Statement by the President

Baptist Press: “‘The lawsuit against Mrs. Dobson was based on the ridiculous argument that a private citizen can violate the law by praying, and it is just another example of one radical organization’s allergic reaction to anything involving God,’ [Joel Oster], senior legal counsel for the Alliance Defense Fund, which advocated for Dobson, said.” | ADF News Release

Santa Cruz Sentinel: “Couples from Pleasanton and Missouri, who each had children from the same set of embryos, are battling each other in court over control of the remaining two. Suits were filed Thursday in Alameda County Superior Court by the Pleasanton couple, and in St. Louis County Court by the Missouri pair.”

SCOTUS Blog: “If you didn’t prevail in line at the Court this morning to see oral arguments in either Christian Legal Society or Quon, we have two pairs of podcasts with lawyers in these cases (including three who are arguing before the Court this morning) . . . ”

Billings Gazette: “A Laurel-based conservative religious group is suing state officials, claiming that it is being illegally excluded from a charitable-giving program for state employees . . . ‘Christian groups shouldn’t be penalized for their beliefs,’ said [Nate Kellum], senior counsel for the Alliance Defense Fund, a Tennessee-based alliance of Christian lawyers and organizations, which is representing the Laurel group.” | ADF News Release

UPI: “Microsoft said it is deleting from an ad for social handsets a scene critics said promoted ‘sexting’ among teenagers.”

Times Herald-Record: “Members of Orange County Right to Life plan to march in front of a doctor’s home Saturday in the wake of a federal judge’s order to grant them a picketing permit . . . The Right to Life group will march from 9:30 to 11 a.m. Saturday in front of the doctor’s home. Hedgepeth referred questions to the Tennessee-based Alliance Defense Fund, a Christian organization that provided assistance for her legal case. The group did not return calls Thursday.”

Catholic News Agency: “A federal judge’s ruling that the National Day of Prayer is unconstitutional had no legal basis and was not in keeping with American traditions of expressing ‘dependence on the Almighty,’ critics said . . . [Joel Oster], senior counsel with the Alliance Defense Fund (ADF), said the Day of Prayer was ‘America’s heritage.’” | ADF News Release

Christian Post: “‘Forcing CLS to have an atheist lead its Bible studies is as absurd as the College Democrats being forced to elect Republican officers – which under the current Hastings policy is indeed required,’ argues ADF Senior Legal Counsel [Gregory S. Baylor].”

Missoulian (AP): “A conservative Montana group has filed a lawsuit against the state contending its exclusion from a state employee charitable donation program is discriminatory because it’s based on the group’s religious views . . . ‘Government officials are denying state employees the opportunity to give to one group, while allowing them to contribute to groups with other views and activities that the state is more fond of,’ said [Nate Kellum], senior counsel for the Alliance Defense Fund.” | ADF News Release

North Carolina Family Policy Council: “The leaders of the North Carolina House and Senate have consistently defended their inaction on the MPA by arguing that same-sex ‘marriage’ is simply not an issue for North Carolina . . . Meanwhile, the strong marriage laws of other states, such as Iowa, have proven to be no match for activist judges or politicians intent on overturning them . . . Efforts to get the marriage redefinition law on a referendum so that the people of D.C. could decide its fate—including a lawsuit filed by the Alliance Defense Fund (ADF) and Stand for Marriage D.C., and a last minute appeal for the U.S. Supreme Court to intervene—were not successful before the law went into effect.”

The Herald: “A church of Scotland report has laid bare the depth of the division over whether to allow gay ordination. The Herald has obtained a copy of a crucial consultation document that outlines for the first time the route the Kirk has taken to help members decide on the issue.”

NOM Blog: “Remember Don Mendell, the high school guidance counselor who bravely stood up for marriage in Maine? . . . Another victory for decency and civility in the public square that you made possible! (Kudos and gratitude to the Alliance Defense Fund, which represented Mendell.)”

Telegraph: “Natalie Woods and Betty Knowles countersigned the document after the birth of Lily-May Betty Woods. They were able to take advantage of the Human Fertilisation and Embryology Act 2008 which came into effect at the beginning of this month. It entitles people in same sex relationships to both be treated as equal parents of a child.”

AP: “Public confidence in government is at one of the lowest points in a half century, according to a survey from the Pew Research Center. Nearly 8 in 10 Americans say they don’t trust the federal government and have little faith it can solve America’s ills, the survey found . . . ”

North Carolina Family Policy Council: “‘Christian professors should not be discriminated against because of their beliefs. Disagreeing with an accomplished professor’s religious and political views is no grounds for refusing him promotion,’ said ADF Senior Counsel [David French].”

Ashby Jones writing at the WSJ Law Blog: “The Obama administration said in a Twitter message on Thursday that Obama intends to recognize this year’s National Day of Prayer, which is May 6 . . . ‘The National Day of Prayer provides an opportunity for all Americans to pray voluntarily according to their own faith and does not promote any particular religion or form of religious observance,’ said [Joel Oster], senior legal counsel for the Alliance Defense Fund.” | ADF News Release

CBN News: “[Casey Mattox] of the Alliance Defense Fund appeared on CBN Newschannel’s Morning program for more insight on the case.”

Cookeville Times: “As President Obama is urged to appeal federal judge Barbara Crabb’s Wisconsin decision striking down a federal statute setting a day aside as a National Day of Prayer, Cookeville citizens continue planning for the May 6 event . . . [Joel Oster], ADF senior counsel, stated to media that it is his position that the National Day of Prayer does not violate the Establishment Clause of the First Amendment, and that the decision should be appealed.” | ADF News Release

Sierra Vista Herald: “Navajo lawmakers convening Monday for their spring session will consider adding the sexual exploitation of children via the Internet to the list of crimes punishable by the tribe.”

Washington Post: “PICTURE THIS: gay student organizations forced to accept those who believe that homosexuality is an abomination. Student political groups, such as Young Republicans or Young Democrats, compelled to allow members of the other party to vote on policy platforms. A law association for African American students being told that it must let white supremacists run for leadership posts. Sound absurd? Welcome to the University of California, Hastings College of Law . . . ”

Frederick B. Jonassen. 2009. “Free Speech and Establishment Clause Rights at Public School Graduation Ceremonies: A Disclaimer: The Preceding Speech Was Government Censored and Does Not Represent the Views of the Valedictorian” ExpressO. Available at: http://works.bepress.com/frederick_jonassen/1 | “The paper traces court decisions regarding religious expression at public school graduation ceremonies and concludes that in their solicitude to protect the Establishment Clause rights of religious dissenters and nonbelievers, the courts have excessively minimized the free speech rights of students at graduation ceremonies.”

Bernadette A. Meyler, Constitutional Commitments and Religious Identity (April 15, 2010). Cornell Journal of Law and Public Policy, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1590390

“This essay comments on Steve Shiffrin’s The Religious Left and Church-State Relations. It contends, on the one hand, that Shiffrin has valuably brought to the fore various reasons why religious believers might resist close relations between church and state. On the other hand, it argues that no fundamental connection exists between the ‘religious Left’ and a particular position on church-state relations and that religious liberals will not necessarily be more persuasive than secular liberals in arguing against positions espoused by religious conservatives.”

Paul Horwitz, Of Football, “Footnote One,” and the Counter-Jurisdictional Establishment Clause: The Story of Santa Fe Independent School District v. Doe (April 14, 2010). Available at SSRN: http://ssrn.com/abstract=1589757

“This article is a chapter in the forthcoming collection First Amendment Stories. It tells the story of Santa Fe Independent School District v. Doe, a case in which the United States Supreme Court struck down a school policy establishing an election mechanism that enabled student-led prayers before football games. It offers both a doctrinal and a human perspective on the case.”

CBS4 (AP): “The lawyer for a Casper man who says a virus allowed his computer to be infected with illegal images plans to ask the U.S. Supreme Court to review his convictions on pornography charges.” | US v. Solon, No. 09-8018 (10th Cir. Feb. 17, 2010)