Daily Archives: May 12, 2010

Atlanta Journal-Constitution: “Avondale Estates shut down a church that recently set up shop in the central DeKalb County city, but why depends on whom you ask. City officials said the Christ Liberty Family Center on Maple Street doesn’t have enough room for parking. The owner of the building, Joe Gargiulo, said the code violations are just a way for the city to lash out over its failed annexation bid on land that he owns.”

WorldNetDaily: “Two private investigators working independently are asking why President Obama is using a Social Security number set aside for applicants in Connecticut while there is no record he ever had a mailing address in the state.”

Politico: “Within hours of Obama’s announcement of Kagan as his nominee, the National Organization for Marriage sent . . . over 36,000 e-mails to committee members and senators, asking them to deny Kagan’s confirmation, according to Brian Brown, the executive director . . . But historically, gay rights issues don’t have a big role in Supreme Court confirmation hearings. It’s a new frontier, much in the way abortion rights were in the 1970s. ‘It’s not something that’s ever really come up before,’ said John Maltese, political science professor at University of Georgia . . . She has been embraced by the Human Rights Campaign . . . ”

Rush Limbaugh Transcript: ” . . . From the first moment the subject of her sexual orientation came up, I’ve been scratching my head. How can that possibly matter on the Democrat side of things? Do we really think that some senator’s gonna ask her? (interruption) You think they’re trying to provoke Republicans in saying something stupid about it? Well, if the Republicans don’t say something stupid about it, what it looks to me like is that the Democrats are the ones that have a problem with it, which is what I don’t understand. The Republicans are running for cover on practically everything here that has to do with Obama. They’re not going to say anything here, certainly none of the Senators. This Wall Street Journal thing is the closest thing the White House has got to, ‘A-ha, a-ha, bigot, homophobe!’ . . . ”

New York Times | Arts Beat: “‘Forced landmarking has the effect of imposing the governmental idea of mission on the congregation,’ said the church’s pastor, the Rev. Dr. Robert L. Brashear, in an interview. ‘There is a profound church-state issue here. Religious liberty has not been well-served by this decision.’”

Pink News: “A trans woman has launched a legal challenge after her primary care trust decided she could not have breast implants funded by the NHS. The woman, named only as ‘C’, says her emotional well-being has been damaged by the refusal and claims it violates her human rights.”

ADF attorney David French and atheist Rob Sherman appeared on the Michael Medved Show to debate whether the theft of the Mojave Desert cross was justifiable. | MP3 33:33 mins | ADF press release: ADF condemns theft of Mojave Cross

Center for American Progress: “An analysis of the battle over same-sex adoption in Arkansas points out the importance of several key factors necessary for success. These factors include:
Early mobilization
Statewide grassroots outreach
Alliances between faith and advocacy groups
Rapid response to conservative scare tactics
Faith-based messages targeted to particular faith communities with messengers from those communities
But perhaps the most important factor we found is the need to build strong partnerships among faith communities and advocacy groups—ones that can create effective faith-based messaging. Such efforts should be undertaken not for their strategic value but because it is the right thing to do.” (Full Report)

Pink News: “Theresa May has been appointed home secretary and minister for equality, replacing Chris Grayling who was dubbed ‘homophobic’ by gay rights groups after suggesting that bed and breakfast owners should be able to ban gay couples. But analysis by PinkNews.co.uk reveals that Mrs May has voted consistently against gay and transgendered rights.”

Christian Post: “A majority of U.S. voters expect Supreme Court nominee Elena Kagan to be confirmed by the Senate, a new poll shows. Eighty-two percent believe the U.S. solicitor general will get the necessary confirmation votes to take a seat on the nation’s highest court, according to Rasmussen Reports . . . ”

Politico: “Elena Kagan is not a lesbian, one of her best friends told POLITICO Tuesday night, responding to persistent rumors and innuendo about the Supreme Court nominee’s personal life. ‘I’ve known her for most of her adult life and I know she’s straight,’ said Sarah Walzer, Kagan’s roommate in law school and a close friend since then . . . Another friend, former New York Governor Eliot Spitzer, a member of Kagan’s social circle at Princeton University, wanted to make the same point as Walzer. ‘I did not go out with her, but other guys did,’ he said in an email Tuesday night. ‘I don’t think it is my place to say more.’”

Pioneer Press (AP): “Gov. Tim Pawlenty says he’ll veto a bill granting surviving same-sex partners rights when one of them dies . . . ”

AP: “Wednesday’s endorsement by NARAL Pro-Choice America goes to U.S. Rep. Joe Sesta . . . ”

ADF Attorney Joe Martins writing at speakupmovement.org/university: “On December 22, 2007, two students—Kandy Kyriacou and Ojoma Omaga—at the College of Alameda received letters from the Vice President of Student Services notifying them that the College intended to suspend them. What did Ms. Kyriacou and Ms. Omaga do to deserve suspension? Did they assault someone? Did they verbally abuse a fellow classmate or faculty member? Did they destroy property or commit some campus crime? No. They prayed.”

KRQE.com: “A group of gay activists gathered outside a Rio Rancho elementary school Wednesday morning to show support for a 5th grader with lesbian parents . . . ”

ABC: “Former first lady Laura Bush has broken with her husband on the premier social issues of his administration and said she backs gay marriage and abortion.”

Grand Challenges in Global Health: “Ultrasound as a reversible male contraceptive: James Tsuruta and Paul Dayton of the University of North Carolina, Chapel Hill in the U.S. will study the ability of ultrasound to temporarily deplete testicular sperm counts for possible use as new contraceptive method for men.”

LifeSiteNews: “The University of Auckland pro-life group, Prolife Auckland, today announced their successful affiliation at the University of Auckland. The announcement comes on the heels of the group’s recent overturning of a policy discriminating against pro-life groups at the university . . . ”

LifeSiteNews: “Evangelical Fellowship of Canada (EFC) will appear before the Saskatchewan Court of Appeal Thursday, May 13 and Friday, May 14 in a case involving proposed legislation that would allow the province’s marriage commissioners to refuse to perform same-sex “marriages” because of sincerely held religious beliefs . . . ”

LifeNews: “Planned Parenthood, the nation’s largest abortion business, has endorsed President Barack Obama’s nomination of pro-abortion Solicitor general Elena Kagan for the open Supreme Court spot. Its endorsement was less reserved than those of NARAL and NOW . . . ”

David Kopel writes at the Volokh Conspiracy: “Today is the final day of the 2010 Colorado legislature, and cautious optimists are looking forward to final passage of Senate Bill 191, a dramatic reform of Colorado’s tenure system for public school teachers. To be precise, after three years, Colorado teachers get a set of ‘due process’ rights, not tenure, but the effect is to make it nearly impossible for ineffective teachers to be fired. Senate Bill 191, sponsored by Denver Democrat and former public school principal Michael Johnston, would change all that . . . ”

AP:  ”A Roman Catholic school in Massachusetts has withdrawn its acceptance of an 8-year-old boy with lesbian parents, saying their relationship was “in discord” with church teachings, according to one of the boys’ mothers.”

Related: Denver Archbishop discusses denial of enrollment to children of same-sex couples

ADF Attorney Erik Stanley writing at speakupmovement.org/church: “Speaker of the House Nancy Pelosi spoke last week at the Catholic Community Conference and urged Catholic priests and bishops to talk up immigration reform from their pulpits. Pelosi reportedy stated, ‘The cardinals, the archbishops, the bishops that come to me … say, “We want you to pass immigration reform,” and I said, I want you to speak about it from the pulpit.’ . . . The point is that the government has been sending mixed messages for too long to our nation’s pastors. On the one hand, politicians encourage pastors to speak from their pulpits when it is convenient, but on the other, the IRS comes knocking on the church’s door when a pastor speaks in a way that is not favored by those in power or crosses the IRS’ imaginary line between what is permitted and what is prohibited.”

BBC: “The Baltic republic of Estonia, a country of 1.3 million people, is on course to adopt the euro in January 2011, the European Commission says . . . The Commission’s assessment covered: Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania and Sweden. Every two years the Commission judges whether their economic conditions meet the strict Maastricht criteria.”

Andrew Kern writes at the Quiddity Blog: A community can be free only to the extent that it remains committed to being free and defending their freedom. When they choose prosperity, security, or even peace over freedom (i.e. when they renounce Patrick Henry’s declamation), they have inevitably forfeited the right to be free. But commitment to freedom has more to do with education than with economics and the military. The extent of a people’s liberty is the extent to which its people have been trained in the arts of freedom. The arts of freedom are what used to be called “the liberal arts” before the term was watered down to an anemic notion of some vague and watery ‘general education.’ . . .

Liberty Counsel: “Liberty Counsel’s legal advice led to yesterday’s change of the controversial ban on senior citizens praying over their meal at the Ed Young Senior Citizens Center in Port Wentworth, GA . . . ”

NY Times: “The paperwork, recovered by the Mexican authorities from a suspected associate of the drug don, Joaquín Guzmán, show that he has a sophisticated counterintelligence operation and that he is a master at buying off top police officers and soldiers with his ample drug profits.”

Google News (AP): “French lawmakers unanimously passed a resolution on Tuesday asserting that face-covering Muslim veils are contrary to the principles of liberty, equality and fraternity on which France is founded. The non-binding resolution, passed 434 to 0, lays the groundwork for a planned law forbidding face-covering veils in public, including in the streets . . . ”

Center for Arizona Policy: “The 2010 Legislative Session has come to an end with 12 [CAP-supported bills] receiving Governor Jan Brewer’s signature. This marks CAP’s most successful session in our 15-year history, throughout which we’ve led the way to see a total of 84 pro-family bills enacted into law!” Bills signed May 7th: SB 1306 (Human Egg Provider Protection Act) | SB 1307 (Ethical Treatment of Human Embryos Act) | HB 2238 (Child Prostitution) | Bills signed May 10th: HB 2664 (Scholarship Tax Credit Reform) | HB 2663 (Scholarship Tax Credit Conformity – Corporate Tax Credit) | SB 1309 (Parental Rights)

The Volokh Conspiracy: “[Polish pop star Dorota Rabczewska, also known as] Doda is accused by the prosecutor’s office of the capital [Warsaw] of insulting the religious feelings of others, including by calling the authors of the Bible ‘drunks and drug addicts.’ For this, the popular singer is facing up to 2 years in prison.”

Sarah Harland-Logan writing at Harvard Political Review: “Despite its many achievements, particularly in the last half-century, secularism remains a controversial subject in the American public sphere. Hunter Baker, a professor at Houston Baptist University and the author of The End of Secularism, told the HPR that secularists’ goal of removing religion from the arena of political decision-making is problematic. Baker said that ‘individuals bring their religious beliefs to the public square because they have integrity.’ Baker argued that, since the great majority of Americans are still Christians, it is inevitable, and even desirable, that politicians will ‘want to provide their real basis for a stand they take, rather than formulate a false one that meets some secular language requirement.’” | At First Things, Hunter Baker provides the full text of his email exchange with Harland-Logan.

NRLC: “Summer at the National Right to Life office offers a refreshing change of pace with the arrival of a number of college students to participate in the NRLC internship and Academy programs. Different than a normal internship, the National Right to Life Academy is an intensive summer training course for college students in the right to life movement and issues. Students delve into the history and philosophy of the Movement, as well as seriously studying the various policy proposals and arguments related to each pro-life issue, from abortion the denial of lifesaving medial treatment . . . Another Academy alumnus has been accepted to the Blackstone Legal Fellowship, sponsored by the Alliance Defense Fund. The network of Academy alumni is a fresh source of vitality for a movement whose greatest strength may be its faithful endurance . . . ”

NewsOK: “House Bill 3284 passed the Senate after nearly 45 minutes of debate in a vote of 32-11. An identical bill was passed last session and signed by Gov. Brad Henry but the state Supreme Court threw it out because it was part of a bill that violated the state’s requirement that legislation stick to one subject.”

Anthony Hardy Williams writes at the Wall Street Journal full access via Google: “Under President Obama’s new $4.35 billion Race to the Top program, states can compete for funds by creating programs that improve the quality of their schools. The idea of rewarding school reform initiatives is good, but one-time grants from the federal government will not improve our public education system by itself . . . Pennsylvania should adopt reform based on the same premise as the Race to the Top initiative: that competition for taxpayer dollars improves the quality of education. School choice means supporting the full menu of educational options . . . ”

ADF attorney Byron Babione appeared on the Jody Hice Show to provide an update on the Arkansas Act 1 Adoption Initiative litigation. | MP3 5:43 mins | ADF Media information: Cole v. Arkansas Department of Human Services resource page

ADF attorney Joe Infranco appeared on radio yesterday to discuss the cross honoring fallen veterans in the Mojave Desert that has been stolen. | MP3 11:32 mins on the Vicki McKenna Show | MP3 10:26 mins on the Georgene Rice Show | MP3 5:48 mins on the Hugh Hewitt Show | MP3 13:15 mins on the Janet Mefferd Show | MP3 11:24 mins on AFR Focal Point with Bryan Fischer.| Related ADF press release: ADF condemns theft of Mojave Cross

On page 3 of the the letter, Kagan also elaborates more on the role of foreign law, if any, in Constitutional interpretation.

“[T]he White House is finally pushing back on all the speculation about Elena Kagan’s love life.”

CNSNews: “Supreme Court nominee Elena Kagan said the high court should be focused on ferreting out improper governmental motives when deciding First Amendment cases, arguing that the government’s reasons for restricting free speech were what mattered most and not necessarily the effect of those restrictions on speech.”

The Hill: “McConnell’s positioning and Obama’s calls show the battle over Kagan is playing out along the same lines as the debate over healthcare and Wall Street legislation. Obama has set his sights on a few centrist Republicans he views as most likely to support Kagan, while McConnell is focused on holding his conference together.”

AP: “Free-speech lawsuits being filed Wednesday accuse Pennsylvania State Police of wrongly charging hundreds of people with disorderly conduct for swearing.”

Findlaw: “While this ruling is ultimately supportive of lesbian co-parenting rights, it is narrowly drawn to recognize such rights only when the couple involved is part of a formal, recognized relationship such as a civil union or same-sex marriage. In so limiting the protection its ruling afforded, the court rejected an argument for broader recognition of so-called ‘functional parents’ – those who participate in crucial aspects of parenting without the benefit of a formal status vis-à-vis the child’s other parent or the child. Instead, the court reaffirmed its unpopular 1991 ruling in Matter of Alison D. v. Virginia M., in which it held that only a child’s biological or adoptive parent could seek visitation against the wishes of a fit custodial parent.”

CitizenLink: “In a 6-3 decision, the Washington Supreme Court has said that public libraries do not have to disable Internet filters, just because an adult patron requests it . . . Former Justice Department official Patrick Trueman said restricting access to inappropriate online content is in the library’s best interest. ‘A library may have some criminal or civil liability for providing some of this material,’ he said, ‘and a library should look out, not only for its patrons, but for itself and its directors.’” | Bradburn v. N. Cent. Reg’l Library Dist., No. 82200-0 (WA May 6, 2010) | Concurrence | Dissent | Community Defense Counsel abstract available here.

ADF Attorney Travis C. Barham writing at speakupmovement.org/university: “Within the past few weeks, the topic of prayer—particularly public prayer—has appeared regularly in the headlines. Last Thursday was the National Day of Prayer, which the majority of Americans support, despite Judge Crabb’s ruling that this tradition, which dates back to 1775, now violates the Constitution. And as graduation season returns, the issue of prayer in schools and at graduation ceremonies returns to people’s minds.”

CNSNews: “The Veterans of Foreign Wars has vowed to rebuild a 7-foot high cross-shaped memorial to the nation’s veterans which was stolen by vandals over the weekend . . . When CNSNews.com asked whether [ADF Attorney Joe Infranco] considered it a hate crime, he said, ‘I think the expression “hate crime” is overused, and it gives me concern in other context. I would just say that this is a cowardly and criminal act that dishonors heroes who have given their lives for our country, and our view of it is those who deny our heritage and religious liberty are not going to succeed through vandalism under cover of darkness.’”

ADF Attorney [Erik Stanley] writing at speakupmovement.org/church: “Dale McAlpine’s recent run-in with the British constabulary should disturb all of us. While it may not be against the law yet to speak Biblical Truth about issues in our society like homosexual behavior, we must recognize that Truth is under attack. And for those who tell us that we cannot speak the Truth, we must be prepared to declare, as Peter did so forcefully before the Sanhedrin, ‘We must obey God rather than men!’

Medical News Today: “[Matthew Bowman] of the Alliance Defense Fund said the law ‘is thousands of pages of new government power, decision-making and funding.’ He added, ‘Any government power over health care can be exercised in a way that discriminates against pro-life health providers, especially when officials already support abortion and opposes enforcement of conscience laws.’”

Letter to the Editor of the Independent Press from The Pastors and Elders, Presbyterian Church at New Providence: “We think it would be a shame to cancel the Christmas Walk as the Interfaith Council demands. We believe it is important to support our local businesses and to honor the heritage and traditions of the community . . . The borough certainly has every right to promote such activities. Anyone who wants to explore the legal basis for such events should contact the New Jersey Family Policy Council (njfpc.org); or the Alliance Defense Fund (alliancedefensefund.org), which have successfully litigated many such cases.”

Salt Lake Tribune: “Phoenix’s shot for the convention may have been doomed by the state’s new controversial immigration law and also for fear that attendees to the convention would face temperatures topping 100-degrees in late August.”

LA Times: “Republicans hunting for clues about what kind of justice Supreme Court nominee Elena Kagan would be said Tuesday they want to see papers from her time serving in the Clinton administration . . . ”

Wall Street Journal: “Ms. Kagan’s six years as Harvard law dean form one of her most important credentials for the Supreme Court post, as President Barack Obama made clear when he nominated her Monday . . . But the case for Ms. Kagan as the primary healer on the once-divided campus is sometimes overstated. Much of the work to defuse the bitter atmosphere, which included ideologically driven standoffs over whom to hire, took place under Ms. Kagan’s predecessor, Robert Clark, dean for 14 years. He calmed tensions and expanded the faculty.”

CBS: “While the White House seems to believe the American people deserve to hear from Kagan, it has not made her available to reporters. That prompted some consternation at today’s White House briefing.”

Politico: “A spokeswoman for the Wall Street Journal said today its cover art was not intended as innuendo about Supreme Court nominee Elena Kagan’s sexual orientation after the paper’s front-page use of an image of Kagan playing softball provoked a mixture of irritation and amusement from gay and lesbian advocates.”

KITV.com: “A fetus recovered from a restroom at a Honolulu park has been classified as an ‘unattended death’ after police determined the woman who gave birth didn’t know she was pregnant. Detective Ted Coons says no foul play is suspected . . . ”

NY Daily News: “It just got a little easier for a transgender person to work at American Eagle Outfitters – at least on paper. Attorney General Andrew Cuomo has forced the flannel and khaki outpost to make some changes, including nixing a rule about employee ‘personal appearance’ that banned men from wearing women’s clothing and ladies from dressing as guys . . . ”

ABC: “Wisconsin Republicans have yet to nominate a candidate for governor. Indeed, the state’s primary is not until Sept. 14. But two national GOP heavyweights — former Florida Gov. Jeb Bush and former House Speaker Newt Gingrich — are bullish on the prospects of Scott Walker, the self-described, brown-bag-packing county executive of Milwaukee.”

lliance Defense Fund Senior Counsel Nate Kellum and ADF Litigation Staff Counsel Heather Gebelin Hacker will be available for media interviews Thursday following a hearing in a lawsuit against the U.S. Department of the Interior, brought by a Christian man kept from sharing his faith at Mt. Rushmore National Park in South Dakota.

AP on Myway: “A West Virginia congressional seat that’s been held by a Democrat for generations is now up for grabs after 14-term incumbent Rep. Alan Mollohan was swept out of office on a wave of voter unrest that an opponent called a referendum on President Barack Obama . . . ”

Engage Family Minute Blog: The Family Policy Council of West Virginia (FPCWV) praised the ouster of a 14-year incumbent on Tuesday, calling it a victory for life, marriage, and religious liberty. ‘West Virginians want candidates who will embrace the sanctity of human life, enrich marriage, and safeguard religious freedom,’ said Jeremy Dys, president and general counsel of the FPCWV.’”

Recognition of Non-Biological, Non-Adoptive Parents in Arkansas, Florida, Mississippi, and Utah: A De Facto Doctrine to Protect the Best Interests of the Child
D’Arcy L. Reinhard, 13 J. Gender Race & Just. 441 (2010)

“It is in the best interests of a child to continue a relationship with a NBNA [non-biological, non-adoptive] parent if the homosexual couple breaks up. In the four states examined in this Note–Arkansas, Florida, Mississippi, and Utah–the only way to secure that relationship is through the state courts. NBNA parents need standing to bring child visitation cases in those courts. Plaintiffs can find a basis for standing in the unique statutes and case law of each of these four states. The courts in these four states should adopt a standard test to determine if an individual NBNA parent qualifies for standing.”

Gail F. Mason, Hate Crime Laws in Australia: Are They Achieving Their Goals? (May, 06 2010). Criminal Law Journal, Vol. 33, No. 6, pp. 326-340, 2009; Sydney Law School Research Paper No. 10/46. Available at SSRN: http://ssrn.com/abstract=1601624

“A number of common law countries have introduced legislation designed to respond to the problem of prejudice-related crime, commonly referred to as ‘hate crime’ law. This article examines recent developments in hate crime law in Australia. It outlines the general purpose of these laws and provides an overview of three different models: the penalty enhancement model; the sentence aggravation model; and the substantive offence model. Against this background, the article analyses several reported decisions under the sentence aggravation provisions that have operated in New South Wales since 2003 (s21A(2)(h) Crimes (Sentencing Procedure) Act 1999). Four issues of significance emerge: whether the provisions apply to individual forms of hatred; whether intra-group conflict is covered; whether criminal conduct influenced by racial stereotypes comes within the ambit of the applicable motive test; and the question of which groups should be protected under the legislation. In terms of the last issue, the article argues that the recent decision of the NSWCCA in Dunn v R to include paedophiles as a protected group under s21A(2)(h) does little to further the social justice goals of hate crime laws.”