Oklahoma Senate sends abortion reporting law to Governor’s desk

Australia: “Unfit” mothers may risk losing unborn babies

Hadley Arkes: “Illegal Aliens and Rights: Remembering the Reasons”

    Hadley Arkes writes at the Catholic Thing: “Now if the argument is made these days that illegal aliens in America have a right to become citizens, it should be clear that this right cannot be one that comes to them through citizenship, because clearly they are not citizens. The demonstrators must be invoking a body of rights that are not simply posited or created locally, in America. They must be pointing to a body of rights that could be invoked by any human in any country. In other words, they must be backing into some notion of ‘natural right’ or – gasp – natural law.”


  • Posted: 05/11/2010
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  • Category: Miscellaneous
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  • Source: nfiproofs.com

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Peter Sprigg: ENDA sanity?

OK: Miami turns to prayer group to ‘dissipate’ severe weather

David Hacker: Wearing pro-life t-shirts in the classroom a non-issue

Thieves take Mojave Desert cross

Several states stay off charter-school bandwagon

UK: Pagan police granted time off for festivals

Netherlands: “Labour calls for clarity on gay teacher ban at Christian schools”

Oklahoma Governor signs elective Bible course bill

China Appeals to Religious Groups for Post-Quake Help

Maldives: Religious unity regulations contain “ambiguities, policy issues”, says press secretary

French parliament lays groundwork for veil ban

Gordon Brown resigns as UK prime minister

Kagan helped shield Saudis from 9/11 lawsuits

US Exposure to EU Bailout: $50 Billion and Counting

    MSNBC: “But one rule-of-thumb formula puts potential US exposure at $54 billion should the entire IMF loan fund be tapped. And that doesn’t count the added exposure created by the Federal Reserve’s decision over the weekend to participate in currency swaps to provide liquidity to jittery European banks . . . ”


  • Posted: 05/11/2010
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  • Category: Miscellaneous
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  • Source: www.cnbc.com

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S. Michael Craven: Losing Our Sense of Duty

Differences between “red” and “blue” family structures really are driven by abortion

ACLU: Federal Court Finds Freezing Of Charity’s Assets Unconstitutional

    ACLU: “A federal court ruled late Monday that the U.S. Treasury Department’s freezing of a charity’s assets was unconstitutional and that in order to comply with the Constitution, Congress must fix the law to require a warrant be obtained based upon probable cause before taking such action. The court also found that the Treasury Department’s failure to give the charity notice of the basis for freezing its assets violated the Constitution by preventing the charity from being able to meaningfully respond to the freeze.” (The press release links to the ruling).


  • Posted: 05/11/2010
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  • Category: Religious Liberty

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ABA Ratings of Kagan

Kagan Called ‘Don’t Ask, Don’t Tell’ A ‘Moral Injustice of the First Order’

Young Kagan’s socialism thesis

John Carpay: Two-tier justice at the University of Calgary

ADF condemns theft of Mojave Cross

Army to accept anonymous comments on normalization of homosexual behavior

House Dems claim they have votes to pass ENDA and normalize homosexual behavior in the military

Secular groups protest ‘Godly’ oath on behalf of census workers

UK: Labour “ready to concede defeat”

DeMint: A conservative kingmaker upends GOP order

    Washington Post: “Jim DeMint is becoming something of a tea party hero, even a potential conservative kingmaker, a status that is not making the freshman senator many friends among fellow Republicans in Congress . . . His efforts, highly unusual for a freshman, have upset senators on Capitol Hill, where he’s viewed by many as an ideologue willing to purge centrist veterans . . .”


  • Posted: 05/11/2010
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  • Category: Miscellaneous
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  • Source: www.washingtonpost.com

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Study: American ‘Millennials’ Value Family Most

    Christian Post: “When asked what’s important in life, most American ‘Millennials’ – those born between 1980 and 1991 – say family comes first, ahead of friends, education, careers and even religion. That’s the finding of LifeWay Research based on a wide-ranging August 2009 survey of 1,200 Millennials in the United States. The study forms the basis for the upcoming book “The Millennials: Connecting to America’s Largest Generation” by Dr. Thom Rainer and his son Jess Rainer . . . ”


  • Posted: 05/11/2010
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  • Category: Marriage & Family
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  • Source: www.christianpost.com

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Stand up to the enemies of Internet freedom: An International Internet jurisdiction

    Bernard Kouchner writes at the Christian Science Monitor: “However, the temptation to repress free expression is always present. The number of countries that censor the Internet, that monitor Web users and punish them for their opinions, is increasing at an alarming rate. The Internet can be used against citizens. It can be a formidable intelligence-gathering tool to spot potential dissidents. Some regimes are already acquiring increasingly sophisticated surveillance technology . . . Another project is close to my heart. It will be a long and difficult task to implement it, but it is critical. It is to give the Internet a legal status that reflects its universality. One that recognizes it as an international space, so that it will be more difficult for repressive governments to use the sovereignty argument against fundamental freedoms . . . ”


  • Posted: 05/11/2010
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  • Category: Global: Religious Liberty
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  • Source: www.csmonitor.com

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Newsweek: “Gay Rights a Flashpoint in Kagan Nomination”

“Poll finds gains for same-sex marriage in Maryland”

Government to back crackdown on lap dancing clubs in Scotland

EU Council conclusions on the EU role in Global Health

    ReliefWeb: “6. This support shall ensure that the main components of health systems – health workforce, access to medicines, infrastructure and logistics, financing and management – are effective enough to deliver universal coverage of basic quality care, through a holistic and rights based approach. In this regard, particular attention will be devoted to the four main health challenges (sexual and reproductive health, child health, communicable and non-communicable diseases) and to the multidimensional nature of health, with close links to gender, food security and nutrition, water and sanitation, education, and poverty . . . Health systems should pay special attention to gender equality, women’s needs and rights, including combating gender-based violence. Recalling relevant international instruments, the Council recognizes women’s rights to have control over, and decide freely and responsibly on matters related to their sexual and reproductive health . . . ”


  • Posted: 05/11/2010
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  • Category: Global: Sanctity of Life
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  • Source: www.reliefweb.int

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Polygamy in France: Are multiple marriages slavery?

Cross in Mojave Desert honoring American war dead stolen

Swedish artist attacked during free-speech lecture

SC AG Asked to Make Good on Campaign Promise on Released Time Religious Instruction

MN: With Obamacare Cash Comes New Abortion Supercenter for Planned Parenthood

Greg Baylor: Conflict at Hope College over human sexuality

Alarm bells sounding over Kagan’s agenda

New health-care law raises concerns about respecting providers’ consciences

Jonathan Saenz: Liberal politics reign over Texas social studies

    Jonanathan Saenz of the Liberty Legal Institute writes at the Star-Telegram: “The debate over Texas social studies is out of control again . . . Why? It’s all about politics. The board is made up of 10 Republicans and five Democrats who are elected by Texas voters. That is a problem for liberals who see the public school system as the best way to radically change the course of our nation by changing the worldview of the next generation and distorting our history. Finally, after four public hearings and more than 14 months of review and discussion, they have confessed their true motivation: to control what our kids are taught in school by keeping some teachers, parents and the democratic process out . . . ”


  • Posted: 05/11/2010
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  • Category: Marriage & Family
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  • Source: www.star-telegram.com

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Supreme Court Nominee Elena Kagan Attacked Pro-Life Advocates in 1980 Essay

Memo Misread: Elena Kagan Did Not Tell Clinton to Back Partial-Birth Abortion Ban

Largest Planned Parenthood Facility Opens Today In Houston

Abortion clinic bill approved by Louisiana House gives state official authority to suspend operations

Abortion questionnaire bill passes Okla. House goes to Senate

CA: Dems sue to block election for Maldonado seat

Three couples sue to challenge Minn. Defense of Marriage Act

Court Rejects Muslim Police Officer’s Demand for Accommodation of His Religious Practice of Wearing a Full Beard

Kagan’s New View of Confirmation Hearings?

“What to Say When Your Teenager Says She’s Gay”

Ontario: Unemployed Teachers Are Changing Religion To Improve Job Chances at Catholic Schools

New Jersey’s civil union law harms children, says court brief

IMAPP: April 2010 Marriage Law Digest now online

Ariz. organizers drop referendum drive challenging immigration law

Phyllis Schlafly: Obama Steers the Court Sharp Left

    Phyllis Schlafly writes at Townhall: “The liberal double standard is undeniable. Liberals who insisted that Clarence Thomas was too inexperienced to be on the Supreme Court now defend a nominee who has written little, litigated even less and not decided a single case. Instead, Obama tries to force on Americans someone whose background shows she is more interested in remaking the law than in applying it impartially. A baseball umpire would be a better selection — and probably fairer, too . . . ”


  • Posted: 05/11/2010
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  • Category: Bench & Bar
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  • Source: townhall.com

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Biden: Kagan will have strong bipartisan support

ACLU Offers Recommendations To Attorney General For Preventing Sexual Abuse In Prison

Kagan’s lack of legal experience raises serious questions

World Health Organization Moving Ahead on Billions in Internet and Other Taxes

    FoxNews: “The World Health Organization is moving full speed ahead with a controversial plan to impose billions of dollars in global consumer taxes on such things as Internet activity and everyday financial transactions like paying bills online — while its spending soars and its own financial house is in disarray . . . What it all means is that a major lobbying effort could soon be underway to convince rich governments in particular to begin taxing citizens or industries . . . ”


  • Posted: 05/11/2010
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  • Category: Global: Miscellaneous
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  • Source: www.foxnews.com

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Law Review: Autonomy, Imperfect Consent, and Polygamist Sex Rights Claims

    Autonomy, Imperfect Consent, and Polygamist Sex Rights Claims
    Jacob Richards, 98 Cal. L. Rev. 197 (2010)

    “This Comment seeks to determine whether polygamy activism is intelligible within a broader sex rights framework. If so, what insights does such activism offer to the ongoing debates over sex rights? A close examination reveals that the Bronson case is not out of the ordinary in a complex tradition of sex rights claims. Such claims have often had a multifaceted, or even contradictory, relationship with varying ideas of autonomy, equality, and freedom from sexual- and gender-based harm. One of polygamy activism’s most interesting contributions to this tradition is the way it prompts questions about the law’s treatment of an issue that has surfaced in other sex rights claims but has never been satisfactorily resolved: what I will refer to as ‘imperfect consent.’ The term ‘imperfect consent’ describes moments where the ability of a person to consent to an act is questionable either because the act is arguably harmful to the person, or because social or cultural pressures potentially compromise the person’s autonomy. Polygamy raises questions about autonomy and imperfect consent when women claim the right to choose polygamous relationships despite concerns that social or religious coercion may cast doubt upon whether they are choosing such relationships freely. Through a comparison of the legal treatment of polygamy, pornography, sadomasochism, and abortion, this Comment will explore the law’s failure to address questions of imperfect consent in a principled manner and will present suggestions to remedy this failure.”


  • Posted: 05/11/2010
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  • Category: Marriage & Family

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Law Review: Contraceptive Equity and Religious Liberty in Catholic Charities v. Dinallo

    “Cover My Pills”: Contraceptive Equity and Religious Liberty in Catholic Charities v. Dinallo
    Ayelet S. Lebovicz, 16 Cardozo J.L. & Gender 267 (2010)

    “In this Note, I will begin with a brief discussion of the legislative backdrop in which Catholic Charities arose. I will then provide an overview of the WHWA and the procedural history of the case. In particular, I will focus on the decision of the New York Court of Appeals–the last court to consider fully the merits of Plaintiffs’ claims–to affirm summary judgment against them. I will next survey the relevant First Amendment doctrine, including the Supreme Court’s treatment of both free exercise and free speech. Lastly, I will evaluate the constitutionality of contraceptive mandates such as the WHWA. Rethinking Plaintiffs’ First Amendment claims, I argue that, under Employment Division v. Smith, the Court of Appeals erroneously rejected Plaintiffs’ hybrid-rights theory as dicta. I will further argue that Rumsfeld v. Forum for Academic and Institutional Rights, Inc. does not foreclose Plaintiffs’ claim of forced communicative conduct under the Free Speech Clause. The Court of Appeals thus improperly discarded Plaintiffs’ claims as insubstantial. Because the WHWA burdens Plaintiffs’ exercise of religion and forces them to engage in expressive conduct, the Court of Appeals should have applied strict scrutiny to find its contraceptive mandate unconstitutional as applied to them.”


  • Posted: 05/11/2010
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  • Category: Religious Liberty

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Law Review: The Abuse and Neglect of Minors in Polygamous Communities in North America

    Lost Children: The Abuse and Neglect of Minors in Polygamous Communities in North America
    Kelly R. Schwab, 16 Cardozo J.L. & Gender 315 (2010)

    “Polygamous behavior has always been considered an unlawful practice. The Supreme Court in Reynolds explicitly held that the Free Exercise Clause does not protect plural marriages in the name of religion. Nevertheless, because of the deeply rooted societal notions protecting religious freedom and privacy, attempts to criminalize the unlawful act have failed; practitioners continue to argue that polygamy is protected by the Free Exercise Clause despite court decisions and legislation to the contrary. In the wake of the YFZ incident, state legislatures have again taken a less tolerant approach toward polygamous behavior, specifically because of the widespread abuse and illegal activity that surfaced in fundamentalist Mormon communities throughout the country. In this Note, I examine religion-based abuse in polygamous communities and how the widespread abuse and neglect of children in Mormon communities of North America is indicative of the conflict between protecting religious freedom and protecting the rule of law.”


  • Posted: 05/11/2010
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  • Category: Religious Liberty

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Law Review: Adopting the ABA’s Self-Enforcing Administrative Model to Ensure Successful Surrogacy Arrangements

    Informed Choices and Uniform Decisions: Adopting the ABA’s Self-Enforcing Administrative Model to Ensure Successful Surrogacy Arrangements
    Christine Metteer Lorillard, 16 Cardozo J.L. & Gender 237 (2010)

    “Non-traditional families are on the rise in America today, with more and more same-sex couples raising families together. Yet, all same-sex partners seeking to become parents must make use of some assisted reproductive technique (‘ART’), as must some heterosexual married couples. Despite the growing number of people who want to create families, including those that resort to ARTs to have genetically-related children, there are significant moral, economic, and legal obstacles in their way. What has long been needed is a codified roadmap for a successful surrogacy agreement that delineates the rights and obligations of the parties involved, as well as the responsibilities to the resulting child. In addition, such a codified roadmap must vest parentage automatically in the intended parents, with no judicial intervention or approval required, so that the children born are guaranteed their legal parents from conception. This article argues that state courts and legislatures need to emerge from the ‘uncharted waters’ of surrogacy and adopt the ABA’s self-executing, administrative model for surrogacy agreements. Adoption of this model not only allows prospective intended parents to know that their intent will be legally preserved, but also ensures that children born to them are treated equally. Such an attempt to equalize children’s status demonstrates a policy for eliminating the penalty for illegitimacy and ensuring that children born through surrogacy enjoy the same rights as children born to a married couple.”


  • Posted: 05/11/2010
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  • Category: Marriage & Family

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Law Review: Teaching the Good Book in Georgia’s Public Schools

    Tightening the Bible Belt: Teaching the Good Book in Georgia’s Public Schools
    Gregory A. Frayser, 3 J. Marshall L.J. 393 (2010)

    “One of the latest debates concerning the relationship between government and religion is the constitutionality of Bible classes in public schools. Several states, including Georgia, have passed legislation authorizing and funding public school courses that teach about the Bible. Part II of this comment addresses the historical backdrop of religion in public schools, including an analysis of the legal standards used in evaluating complaints under the Establishment Clause. Part III offers an evaluation of the arguments for and against the inclusion of religious study, and in particular the study of the Bible, in American public schools. Parts IV and V examine Georgia’s Bible courses and the possible constitutional issues surrounding them. Parts VI and VII conclude that the courses may be constitutionally suspect and present a recommendation as to how the State could alter the courses in order to avoid costly litigation.”


  • Posted: 05/11/2010
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  • Category: Religious Liberty

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Law Review: Disestablishing the Family

    Alice Ristroph and Melissa E. Murray, Disestablishing the Family. Yale Law Journal, Forthcoming; UC Berkeley Public Law Research Paper No. 1567867. Available at SSRN: http://ssrn.com/abstract=1567867

    “This Essay explores what it would mean to disestablish the family. It examines a particular theory of religious disestablishment, one that emphasizes institutional pluralism and the importance of competing sources of authority, and argues that this model of church-state relationships has much to teach us about family-state relationships. Though substantial rights to what might be called ‘free exercise of the family’ have been recognized in American constitutional doctrine, at present there is no parallel principle of familial disestablishment. The state is free to regulate families qua families, and to encourage or discourage certain kinds of familial relationships. This Essay suggests reasons to rethink these existing familial establishments. Disestablishment is a risky and unpredictable enterprise, but its risks may be the risks inherent in liberty.”


  • Posted: 05/11/2010
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  • Category: Marriage & Family
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  • Source: ssrn.com

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Law Review: Confusion and Coercion in Church Property Litigation

Does Kagan agree with Thurgood Marshall’s “defective” Constitution view?

    Rusell Berman writes at The Hill: “She quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was ‘defective.’ . . . Yet Republicans made plain their disagreement with the view of judging expressed by Marshall and endorsed by Kagan — that ‘it was the role of the courts, in interpreting the Constitution, to protect the people who went unprotected by every other organ of government — to safeguard the interests of people who had no other champion.’ ‘Elena Kagan’s endorsement of this empathy standard,’ Heye wrote, ‘has been rejected by the American people.’” . . .


  • Posted: 05/11/2010
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  • Category: Bench & Bar
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  • Source: thehill.com

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Law Review: Constitutional & Public Policy Barriers to School Choice in Georgia

    The Universal School Vouchers Roadblock: Constitutional & Public Policy Barriers to School Choice in Georgia
    Amelia A. Ragan, 3 J. Marshall L.J. 423 (2010)

    “Section II of this comment will explain the history of school vouchers legislation in Georgia. Section III will discuss the federal laws implicated by school vouchers programs and how those laws affect the implementation of such programs in Georgia. Section IV will analyze the state constitutional and public policy challenges to universal school vouchers programs using the language of Senate Bill 90 as an example. The author concludes that implementing a vouchers program, such as the one proposed by Senate Bill 90, would violate the Georgia Constitution, would violate public policy, and would not provide Georgia parents with the means to choose a better education for their children. If greater school choice opportunities are to be a realistic goal for Georgia students, the General Assembly should consider only legislation which makes significant changes to and improvements upon Senate Bill 90.”


  • Posted: 05/11/2010
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  • Category: Marriage & Family

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