Mark David Hall writes at the Christian Post: “When the First Continental Congress convened in 1774, Thomas Cushing encouraged the delegates to begin their proceedings with prayer. John Jay and John Rutledge questioned the practicality of doing so given the different denominations represented in Congress. The fiery Congregationalist Samuel Adams replied that “he was no Bigot, and could hear a Prayer from a Gentleman of Piety and Virtue” and suggested that they invite the Anglican minister Jacob Duché to open the body with prayer. Congress agreed . . . ”
- Posted: 04/26/2010
- |
- Category: Religious Freedom
- |
- Source: www.christianpost.com
- Tags: Category: Religious Freedom, Topic: History, Topic: National Day of Prayer, Topic: Prayer
Law.com: “This is the final week of argument for the U.S. Supreme Court with four cases left on the docket and dozens more still to be decided. The week also marks the last time Justice John Paul Stevens is expected to hear arguments with his fellow justices . . . On the last day of arguments, two important policies clash in John Doe No. 1 v. Reed, said media law scholar Lyrissa Lidsky of the University of Florida Levin College of Law . . . [The petition signers] are supported by a large number of conservative social and legal organizations, such as the Family Research Council and Alliance Defense Fund.”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.law.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, Category: Religious Freedom, Court: U.S. Supreme, Group: Family Research Council (FRC), State: Washington, Topic: Homosexual Agenda, Topic: Marriage, ZZ: Doe v Reed
OneNewsNow: “An Arkansas school district is prohibiting a mother and her daughter from participating in a school literature distribution program because their flyers were ‘church-related’ . . . ‘Groups like the 4-H Club, the Boy Scouts, youth sports, summer camps — all those groups are allowed to pass out flyers,’ notes ADF senior legal counsel David Cortman.”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.onenewsnow.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, State: Arkansas, Topic: Education, ZZ: A.W. v. Pulaski County Special School District
The Bulletin: “More than 300 parents have filed a lawsuit with the European Court of Human Rights challenging a compulsory anti-Christian curriculum in Spain’s public and private schools that promotes liberal sexuality with graphic imagery while openly bashing the Catholic Church . . . ‘The state shouldn’t usurp the right of parents to raise children according to their beliefs. Forcing students to participate in values training contrary to their convictions is a violation of basic human rights,’ said ADF Legal Counsel [Roger Kiska], who is based in Europe.” | ADF News Release
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.thebulletin.us
- Tags: ADF: Media Clips, ADF: Roger Kiska, Alliance Defense Fund, Category: Global, Country: Spain, Global: Marriage and Family, Global: Religious Freedom, Topic: Education, Topic: Parental Rights
Everett Daily Herald: “On Wednesday, the U.S. Supreme Court will hear lawyers argue why those names should be kept secret forever . . . In its filing, the Alliance Defense Fund, whose lawyers focus on civil liberties and religion cases, contends that ‘fear of harassment at the hands of pressure groups … discourages people from signing petitions.’”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: heraldnet.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, State: Washington, Topic: Homosexual Agenda, Topic: Marriage, ZZ: Doe v Reed
Shirley Dobson writing in the Spartanburg Herald Journal: “My team and I are grieved that a day honoring our country’s heritage of faith and freedom has come under such blatant and unfounded attack. As [Joel Oster], senior counsel for the Alliance Defense Fund, explained: ‘It’s important to remember this about the National Day of Prayer: It’s America’s heritage, and this day belongs to Americans — the court should not have struck down this statute. The administration has done the right thing in appealing this terrible decision that not only undermines the National Day of Prayer but the underlying heritage and tradition of the American people which dates back to the nation’s founding.’”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.goupstate.com
- Tags: ADF: Joel Oster, ADF: Media Clips, Alliance Defense Fund, Category: Religious Freedom, Group: Freedom from Religion Foundation, Group: National Day of Prayer Task Force, State: Wisconsin, Topic: National Day of Prayer, Topic: Prayer, ZZ: Freedom From Religion Foundation v. Obama
The Columbus Dispatch: “The National Day of Prayer Task Force has launched a petition and fundraising campaign to “save” the event. Members are appealing to Obama to appeal the ruling, task-force spokesman John Bornschein said. The money raised will go to the task force’s legal firm, the Alliance Defense Fund, to try to mount legal challenges and gain congressional support, he said. ‘Like it or not, we are a nation under God.’”
- Posted: 04/26/2010
- |
- Category: Uncategorized
- |
- Source: www.dispatch.com
- Tags: ADF: Media Clips, Category: Religious Freedom, Group: Freedom from Religion Foundation, Group: National Day of Prayer Task Force, State: Wisconsin, Topic: National Day of Prayer, Topic: Prayer, ZZ: Freedom From Religion Foundation v. Obama
New Statesman: “Cameron is not oblivious to his party’s uneasy coalitions, and has stealthily started to unveil policies designed to shore up its increasingly loud, ultra-conservative Christian base. Recently, he told the Catholic Herald that he was a “big supporter” of faith schools and that there should be a review of the legal time limit for abortion. Is he likely to go further? . . . The answer may depend on how well the Christian right organises itself . . . Some groups in the UK have received funding from US groups . . . A Channel 4 investigation [in 2008] revealed that the Lawyers’ Christian Fellowship, for which Williams then served as public policy director, had received money from a US organisation called the Alliance Defense Fund that aims to ‘aggressively defend religious liberty’ through litigation.”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.newstatesman.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Global, Country: United Kingdom, Global: Marriage and Family, Global: Religious Freedom, Global: Sanctity of Life, Group: Christian Concern for Our Nation, Group: Christian Legal Centre, Topic: Politics
Associated Press: “The ruling can’t take effect until all appeals are exhausted, but that’s not stopping atheists and prayer advocates from firing off letters, e-mails and even planning to put up billboards to convince state and local leaders across the country to see things their way . . . ‘Public officials should be able to participate in public prayer activities just as America’s founders did, and a recent federal judge’s ruling does not prevent America’s cities from lawfully observing the National Day of Prayer,’ ADF Senior Legal Counsel [Mike Johnson] said in a statement.”
- Posted: 04/26/2010
- |
- Category: ADF in the News
- |
- Source: www.google.com
- Tags: ADF: Media Clips, ADF: Mike Johnson, Alliance Defense Fund, Category: Religious Freedom, Group: Freedom from Religion Foundation, Group: National Day of Prayer Task Force, State: Wisconsin, Topic: National Day of Prayer, Topic: Prayer, ZZ: Freedom From Religion Foundation v. Obama
Congratulations to allied attorneys Jim Bopp, Simon Calvert, Jason Craddock, Brad Dacus, Kevin Snider, Matt McReynolds, Steve Fitschen, Barry Hodge, and Demetrios Stratis for their recent successes listed below. Please take time to congratulate them!
- Posted: 04/26/2010
- |
- Category: ADF in the News
- Tags: ADF: Allied Attorney Update, ADF: Media Clips, Alliance Defense Fund, Group: Christian Institute, Group: James Madison Center for Free Speech, Group: Pacific Justice Institute
Andrew B. Coan, The Irrelevance of Writtenness in Constitutional Interpretation (February 12, 2010). University of Pennsylvania Law Review, Vol. 158, 2010. Available at SSRN: http://ssrn.com/abstract=1281066
“The originalist argument to the contrary is one instance of a broader rhetorical phenomenon that the philosopher C. L. Stevenson helpfully labeled ‘persuasive definition.’ It is an attempt to resolve a normative debate through redefinition of a normatively charged term – in this case, interpretation. There is broad agreement that judges should interpret, rather than make, the law. Thus, by redefining interpretation to include only originalist interpretation, originalists appear to answer the normative question of how judges should decide constitutional cases. But it is only an appearance. Their argument sheds no light on the actual normative question at issue, which is how we should want judges to decide constitutional cases. Our ‘commitment to written constitutionalism’ may mean that we are unlikely to accept an answer to that question that does not accord some role to the constitutional text. But all plausible theories – not just originalism – do that. The writtenness of the Constitution can therefore provide no ground for choosing originalism over other plausible contenders.”
- Posted: 04/26/2010
- |
- Category: Bench & Bar
- |
- Source: ssrn.com
- Tags: Category: Bench and Bar, Topic: Jurisprudence, Topic: Legal Periodicals
When It Rains, It Pours: A Comprehensive Analysis of the Freedom of Choice Act and Its Potential Fallout on Abortion Jurisprudence and Legislation
Kristen L. Burge, 40 Cumb. L. Rev. 181 (2010)
“Throughout this comment, FOCA will be analyzed on the premise that women’s rights established in Roe are normative. Specifically, this comment will focus on the language of FOCA and its consequences on both domestic abortion law and foreign policy. Part I of this comment follows FOCA’s textual evolution from the bill’s inception in 1989 to its most present form in 2007. Part II provides a synopsis of the Supreme Court jurisprudence and the corresponding congressional legislation that fall within the purview of FOCA’s influence. Part III explores the effects of FOCA on the current state of abortion law relating to government funding, parental consent requirements, maternal safety regulations, and conscience clause protections, while focusing on whether FOCA expands women’s rights beyond those established by Roe. Part III then turns to discuss FOCA’s effect on the Catholic healthcare system. Finally, this comment concludes by addressing the changes that Congress must make to FOCA in order to effectively codify Roe and avoid many of FOCA’s crippling effects on current laws and polices without nullifying the bill’s primary purpose.”
- Posted: 04/26/2010
- |
- Category: Sanctity of Life
- Tags: Category: Sanctity of Life, Topic: Abortion, Topic: Conscience, Topic: Legal Periodicals
Post-Mortem Pregnancy: A Proposed Methodology for the Resolution of Conflicts Over Whether a Brain Dead Pregnant Woman Should be Maintained on Life-Sustaining Treatment
Alexis Gregorian, 19 Annals Health L. 401 (2010)
“Part I of this article endeavors to directly refute the Piazzi court’s first holding by demonstrating that interests are not extinguished upon death; in fact, multiple legal premises rely on the legal fiction that the dead have interests deserving of posthumous protection. This Part concludes that the legal fiction extends to the interests of post-mortem pregnant women in refusing medical treatment. Part II proceeds by exploring two areas of the law in which the interests of pregnant women and the state are in tension: abortion and forced cesarean sections. This Part focuses on the rights and the temporal framework laid out in both the Supreme Court and lower courts’ decisions and argues for their applicability in cases of post-mortem pregnancy. Part III articulates a proposed methodology courts should employ in cases of conflict over whether to remove a post-mortem pregnant woman from life-sustaining treatment, drawing on the abortion temporal framework and accounting for a post-mortem pregnant woman’s interests, her family’s interests, and the state’s interests.”
- Posted: 04/26/2010
- |
- Category: Sanctity of Life
- Tags: Category: Sanctity of Life, Topic: Abortion, Topic: Bioethics, Topic: Euthanasia, Topic: Legal Periodicals
Unborn Children as Constitutional Persons
Gregory J. Roden, J.D., 25 Issues L. & Med. 185 (2010)
“In this article, it is argued that unborn children are indeed ‘persons’ within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, ‘persons,’ this argument will be based on the ‘historical understanding and practice, the structure of the Constitution, and the jurisprudence of [the Supreme] Court.’”
- Posted: 04/26/2010
- |
- Category: Sanctity of Life
- Tags: Category: Sanctity of Life, Topic: Abortion, Topic: Legal Periodicals
Robert K. Vischer, Individual Rights vs. Institutional Identity: The Relational Dimension of Conscience in Health Care (2010). U of St. Thomas Legal Studies Research Paper No. 10-17. Available at SSRN: http://ssrn.com/abstract=1595151
“In the debates over the role of a provider’s conscience in the provision of health care, both sides engage the question in individualist terms, as though the only relevant choice is whether to enshrine a liberty right for the customer or a liberty right for the provider. Little attention is paid to the value of institutional identity. The conscience-driven practices of providers are not inherently less legitimate than the conscience-driven needs and preferences of health care customers, provided that goods and services to meet customers’ needs and preferences are accessible. In a functioning market, the viability of conscience requires us to give providers – and like-minded customers – an opportunity to live out their ideals. By more steadfastly defending the social space in which individuals and groups can live out the dictates of their consciences, even when (especially when) those dictates have been rejected by the majority, we will bolster the long-term prospects for the liberty of conscience. It is not just about the individual and the state. There is important space in between.”
- Posted: 04/26/2010
- |
- Category: Religious Freedom
- |
- Source: ssrn.com
- Tags: Category: Religious Freedom, Category: Sanctity of Life, Topic: Conscience, Topic: Insurance, Topic: Legal Periodicals
Lorenz Langer, Panacea or Pathetic Fallacy? The Swiss Ban on Minarets (April 24, 2010). Vanderbilt Journal of Transnational Law, Vol. 43, 2010. Available at SSRN: http://ssrn.com/abstract=1594192
“This article provides a thick description of the context in which the minaret vote took place. First, a legal analysis addresses the implications of the ban under national, regional and international normative frameworks. It is argued that the ban is irreconcilable with the constitutional bill of rights and several international human right provisions. However, in contrast to state ballots in the United States, there is no judicial review of initiatives in Switzerland; respect for the vox populi trumps any concern over conflicting international obligations. A historical analysis will help to explain how, through its excessive emphasis on popular sovereignty, the peculiar myth-system underlying modern-time Switzerland has facilitated the banning of minarets.”
- Posted: 04/26/2010
- |
- Category: Global: Religious Freedom
- |
- Source: ssrn.com
- Tags: Category: Global, Country: Switzerland, Global: Religious Freedom, Topic: Islam, Topic: Legal Periodicals
Samuel J. Levine, Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity (2010). LAW AND RELIGION: CASES IN CONTEXT: LEADING LAW AND RELIGION SCHOLARS EXPLORE THE ISSUES THAT CONFOUND COURTS, Leslie C. Griffin ed., 2010. Available at SSRN: http://ssrn.com/abstract=1593712
“In 1986, the United States Supreme Court handed down a 5-4 decision ruling that Air Force regulations prohibiting Simcha Goldman from wearing a yarmulke while in uniform did not violate Goldman’s First Amendment right to the free exercise of religion. The Court’s majority opinion, which accepted the government’s assertion that allowing Goldman to wear a yarmulke would unduly upset important military interests, drew unusually harsh responses from both dissenting justices and legal scholars. Yet, upon closer examination, perhaps what stands out most about the events surrounding the Goldman decision is the untold story of the case, which differs in significant respects from the official version of both the facts of the dispute and the ensuing litigation. The official narrative characterizes the facts as simply presenting a dispute between a Jewish soldier wanting to wear his yarmulke during work and a commanding officer demanding strict adherence to the military uniform protocol. However, the unofficial narrative demonstrates how much of the story was the result of personal factors, such as personal animosity between parties and passionate opinions from judges, that seemed to drive each stage of the legal process.”
- Posted: 04/26/2010
- |
- Category: Religious Freedom
- |
- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: Legal Periodicals, Topic: Military
Adam Schwartzbaum, The Niqab in the Courtroom: Protecting Free Exercise in a Post-Smith World (April 20, 2010). Available at SSRN: http://ssrn.com/abstract=1593198
“The niqab has become enmeshed in heated political controversy all across the world. In the United States, the situation of Ginnah Muhammad exemplifies the complex legal issues arising from conflicts between individuals whose religious beliefs compel this practice and the secular state. Muhammad, an African-American Muslim woman, was ejected from a Michigan small claims court for refusing to remove her veil while testifying. This Comment explores the constitutionality of this action, and a subsequent amendment to the Michigan Rules of Evidence passed in response to her case giving judges the power to ‘exercise reasonable control over parties and witnesses.’ Inevitably, neutral, generally applicable laws will sometimes conflict with individuals’ religious practices. In Employment Division v. Smith, the Supreme Court concluded that in most of these situations, the secular goals of the state override the religious objections of the individual so long as the government can advance a rational basis for its legislation. However, Smith itself acknowledges that in certain limited circumstances, even neutral, generally applicable laws are subject to strict scrutiny. This Comment explores the idea that a ban on the niqab in the courtroom is one such case. It analyzes the division amongst the Courts of Appeals regarding the ‘hybrid-situation,’ and argues that Muhammad’s case exemplifies precisely how the doctrine should work in practice, because such a rule violates a Muslim woman’s Free Exercise rights and her corresponding right of access to the courts. It then reviews the interests advanced by the state as compelling reasons for the ban, and presents legal and empirical evidence suggesting that these are not sufficiently compelling and narrowly tailored enough to overcome strict scrutiny. By showing why even individuals at the outer edges of the law still have a strong claim for a religious exemption, this Comment attempts to make jurisprudential space for the vast majority of religious adherents to enjoy fair and equal treatment within the halls of American justice.”
- Posted: 04/26/2010
- |
- Category: Religious Freedom
- |
- Source: ssrn.com
- Tags: Category: Religious Freedom, Topic: Islam, Topic: Legal Periodicals
USA Today (Inside Higher Ed): “The California State University at Northridge professor’s site is a one-stop shop for men drawn to the country’s sex tourism industry . . . Some question whether Ng has crossed a gray legal line, however, by advising men on sex tourism. Patrick Trueman, a former U.S. justice department official, notes that there are several federal statutes that could come into play . . . ‘Inducing and enticing? Isn’t that what this guy’s doing?’ said Trueman, former chief of the Justice Department’s Child Exploitation and Obscenity Section in the Criminal Division.”
- Posted: 04/26/2010
- |
- Category: Miscellaneous
- |
- Source: www.usatoday.com
- Tags: Category: Global, Country: Thailand, Topic: Education, Topic: Internet, Topic: Pornography
|
|