NH Chief Justice: We can’t afford more judges

Anglican Communion cuts US Episcopalians from ecumenical bodies for electing lesbian bishop

Ontario Appeal Court rejects man’s artistic child porn defence

“In the Red, but Going Green” White House attempts to bypass Congress

FPPC proposes to fine Mormon church for Prop. 8 donations

Judge issues closing questions for Prop. 8 trial

Britons link Islam with extremism, says survey

China government defends Internet censorship laws

British Columbia rejects request for abortion info

CT: St. Luke’s drops Crusaders mascot after 40 years

David Hacker: A setback for Scott Savage and academic freedom

Lawsuit: Specialist for NASA mission demoted for sharing intelligent design views

Trouble for the International Criminal Court

    Brett D. Schaefer writing at National Review Online: “How is the International Criminal Court getting along? To answer that question, the Review Conference for the ICC was convened in Kampala, Uganda, on May 31 and is scheduled to last through June 11. It was launched with an ambitious agenda to engage in a stocktaking exercise, assess the Court’s record since 2002, and consider three amendments to the Rome Statute, which established the ICC. The organizers and supportive non-governmental organizations (NGOs) had high hopes that the conference would result in a ringing endorsement of the Court and the adoption of amendments that would greatly enhance its power. Midway through the conference, however, that agenda is taking on water. Most surprising — and gratifying — is that concerns and objections raised by the Obama administration have been central to interrupting the momentum of the conference and, hopefully, stopping the adoption of the proposed amendments.” | International Criminal Court


  • Posted: 06/08/2010
  • |
  • Category: Global: Bench and Bar
  • |
  • Source: article.nationalreview.com

  • Tags: , , ,

Cato Institute and Center for American Progress: “Marriage equality for all couples”

“Incarcerated Transgender Woman Can Pursue Case for Medical Care”

Demoted employee for NASA mission fights discrimination

New abortion fight brewing – military

Christian lawyers vie for incumbent judges’ seats

Planned Parenthood Backs Down From Expanding Telemed Abortion Process

Muslims order Christians to leave village in Pakistan

“Gay rights groups join boycotts over immigration law”

Dellinger: Kagan is no Souter

Nominee for DOJ’s No. 2 Headed to Hill

Fines Proposed Against Mormon Church for Prop 8 Campaign Finance Violations

NY: Senate Judiciary Committee Rejects “Bathroom Bill”

Citi Ain’t Paying for Summer Associate Time

Stanley Fish: “A Classical Education: Back to the Future”

Cairo court wants Egyptian men married to Israelis stripped of their citizenship

Ten foreign diplomats pressure Romania to change “gay laws”

HUD: Applicants must comply with state & local LGBT anti-discrimination laws

Windows Phone 7 Marketplace to be porn-free zone

New Zealand: Jewish community upset at ban on kosher killing

Paraguayan priests blast FIFA ban on faith gestures

Belgian school sacks teacher over burqa

Egypt: Coptic church urges review of remarriage ruling

Chuck Colson: “Not Like Everyone Else: Same-Sex Couples and Marriage”

    Chuck Colson writes at Breakpoint: “Same-sex couples just want the right to be married like everyone else, or so the argument goes. They call it a civil right. You could hardly find a more innocuous argument, perfectly designed to appeal to all of us who believe in equal rights and fair play. The only problem is that it’s not true. A significant percentage of same-sex couples do not want to get married ‘like everyone else.’ Many of them want to create a whole new paradigm for marriage that has serious implications for the institution and for the rest of society . . . ”

    Hat tip: Ruth Institute Blog


  • Posted: 06/08/2010
  • |
  • Category: Marriage & Family
  • |
  • Source: www.breakpoint.org

  • Tags: ,

Delaware legislation would offer benefits to same-sex partners of state employees

Iowa Poll: Republican primary voters want marriage on ballot

IRS: “Gay Couples Get Equal Tax Treatment”

    The Internal Revenue Service has ruled that same-sex couples must be treated the same as heterosexual couples under a feature of California tax law. Advocates for the change say it is the first time the agency has acknowledged gay couples as a unit for tax purposes.”


  • Posted: 06/08/2010
  • |
  • Category: Featured

  • Tags: ,

Religious Sect’s Suit Over Ten Commandments Monument Dismissed

Albert Mohler: “Is ‘Ever After’ Just Too Long? Marriage and Modernity”

‘God bless’ to be banned in schools? Statute to require getting permission before speech limits can be adopted

UK: Dozens of woman are having abortions following fertility treatment

“Sweden shows why we need to restrict Muslim immigration”

Kagan Article Shows She May Use Motive Test to Strike Pro-Life Abortion Laws

God, science and philanthropy at the Templeton Foundation

    Nathan Schneider writing in The Nation: “Like debates about religion broadly, debates about [The Templeton Foundation] often get mapped onto the culture wars in black and white, or red and blue. It doesn’t help that the foundation is a longstanding donor to conservative think tanks like the Heritage Foundation and the Cato Institute . . . The stakes are high. The Templeton Foundation holds assets valued at around $1 billion, a sum that will likely swell to $2.5 billion in the years to come as John Templeton Sr.’s estate is settled . . . [Richard Dawkins] and others among the so-called New Atheists have been the foundation’s most strident critics lately; they believe Templeton is corrupting science by trying to inject it with religious dogma and, in turn, misrepresent science to the public. The advance of science steamrolls over religion, they say, and Templeton is deluding people into thinking otherwise.” | John Templeton Foundation


  • Posted: 06/08/2010
  • |
  • Category: Miscellaneous
  • |
  • Source: www.thenation.com

  • Tags: , , ,

Sharing intelligent design gets Jet Propulsion Laboratory specialist demoted

“Judge rules against former librarian in case involving anti-gay book”

Iowa Planned Parenthood In Tailspin Over Telemed Abortions

Charlie Crist Removes Pro-Life Section of Campaign Web Site, Rubio Complains

Wis. Asst. AG recommends audit of University’s abortion training program

4-year debate over a book choice

IN: County to vote on additional legal council in lawsuit

Canada: Groups split on whether woman should be allowed to testify wearing veil

Evangelicals reject same sex partners in immigration bill

Israel Passes New Law On Egg Donation, Allowing Religion of Donor To Be Ascertained

“Authorities Reluctant To Interfere With Gay Exorcism Rites”

The Obama Spending Nightmare Continues

    Heritage Foundation Morning Bell: “This morning White House Chief of Staff Rahm Emanuel and budget director Peter Orszag will release a memo directing all federal agency heads ‘to develop plans’ to cut at least 5 percent from their budgets by ‘identifying programs that do little to advance their missions or President Obama’s agenda.’ This spasm of fiscal responsibility can mean only one thing: the Obama administration is about to go on another wild spending binge. And sure enough Politico reports that while Blue Dogs in the House managed to whittle what was a $200 billion ‘jobs’ bill down to $146 billion last month, the Senate is now larding it back up again with a $24 billion Medicaid bailout and a $23 billion teachers union bailout.”


  • Posted: 06/08/2010
  • |
  • Category: Miscellaneous
  • |
  • Source: blog.heritage.org

  • Tags: , ,

EU nations vow to reduce debt, tighten controls

U.S. Supreme Court Temporarily Blocks AZ Campaign Finance Law

The Link Between Porn and Trafficking

ADF seeks to end religious discrimination policies at more than 750 government-run facilities

Anti-Islam parties expected to gain in Dutch vote

Another Tuesday brings another test of anti-establishment mood

    The Hill: “Organized labor faces an Arkansas showdown with the Democratic establishment on Tuesday. Unions and their allies have spent more than $6.5 million to take down Sen. Blanche Lincoln (D-Ark.) and turn Arkansas into yet another symptom of a national anti-incumbent mood.”


  • Posted: 06/08/2010
  • |
  • Category: Miscellaneous
  • |
  • Source: thehill.com

  • Tags: ,

Law Review: A Right to Bare All? Female Public Toplessness and Dealing with the Laws the Prohibit

    A Right to Bare All? Female Public Toplessness and Dealing with the Laws the Prohibit
    Danielle Moriber, 8 Cardozo Pub. L. Pol’y & Ethics J. 453 (2010)

    “First Amendment jurisprudence rests on subjective determinations and balancing. The rights granted under the First Amendment focus on regulating speech, not conduct. If a woman is engaged in unassociated nudity, or nudity that is not intertwined with ‘speech’ or a ‘message’ separate from the nudity, the nudity is mere conduct and is not entitled to First Amendment Protection. If, however, the nudity is not ‘nudity for nudity’s sake’ and is associated with speech as part of a specific message, it will likely fall under the protections of the First Amendment. As a result, general prohibitions on female toplessness are usually constitutional. Ironically, because protesting is highly valued and generally protected as political speech, when women are protesting topless bans, their specific expression will likely be permissible. Any law in the jurisdiction that generally prohibits unassociated nudity, however, will not consequently be overturned. Therefore, due to the Court’s First Amendment jurisprudence, activists should not seek to change applicable laws in the courts. Rather, activists should focus their efforts on state and local law making bodies in order to accomplish their goal of gaining topless equality.”


  • Posted: 06/08/2010
  • |
  • Category: Miscellaneous

  • Tags: , , ,

Law Review: Sexing Skinner: History and the Politics of the Right to Marry

    Sexing Skinner: History and the Politics of the Right to Marry
    Ariela R. Dubler, 110 Colum. L. Rev. 1348 (2010)

    “The meaning and scope of the constitutional right to marry are notoriously contested, as are the politics of advocating for an expansive right to marry. As a new way into these well-trodden debates, this Essay revisits the history of Skinner v. Oklahoma, the 1942 Supreme Court opinion that, in the context of striking down a state eugenics law, constitutes the clearest initial articulation of a constitutional right to marry. It argues that Skinner emerged from a set of on-going public conversations about the relationship among marriage, procreation, and sexual freedom. Read in this context, Skinner not only struck a progressive blow against eugenics laws, but also bolstered a more conservative set of links among marriage, sex, and procreation. This Essay suggests that Skinner‘s view of the right to marry reflects a historical moment when marriage was the sole site of licit sexual behavior–a regime of ‘marriage exclusivity.’ By contrast, our current constitutional regime is one of ‘intimate pluralism,’ in which nonmarital relationships are likewise entitled to constitutional protections. Ultimately, as cases about the rights of same-sex couples percolate through the courts, these models offer courts alternative routes to defining the scope of the contemporary right to marry, and the meaning of that right might vary depending on which model courts adopt.”


  • Posted: 06/08/2010
  • |
  • Category: Marriage & Family

  • Tags: , , , ,

Law Review: Fundamentalism, the First Amendment, and the Rise of the Religious Right

    Fundamentalism, the First Amendment, and the Rise of the Religious Right
    Randall Balmer, 18 Wm. & Mary Bill Rts. J. 889 (2010)

    “The collusion between rationalists and evangelicals-between Roger Williams and Thomas Jefferson-that produced the First Amendment has bequeathed to the United States a vibrant and salubrious religious culture unmatched anywhere in the world. The First Amendment, just as Adam Smith predicted in his 1776 treatise on capitalism, The Wealth of Nations, set up a free market for religion, where religious entrepreneurs (to extend the economic metaphor) are free to peddle their wares in the marketplace without either prejudice or favoritism from the state. . . . The success of this religious marketplace renders all the more confounding the recent attempts by fundamentalists, especially the leaders of the Religious Right, to countermand the First Amendment. The very charter that ensured their success became a target as leaders of the Religious Right, many of whom claimed to be Baptists, sought to collapse the distinction between church and state by means of prescribed prayer in public schools, the use of taxpayer vouchers for religious schools, and the display of religious symbols in public spaces.”


  • Posted: 06/08/2010
  • |
  • Category: Religious Liberty

  • Tags: ,

Law Review: Created After Death: Kentucky Law and Posthumously Conceived Children

    Created After Death: Kentucky Law and Posthumously Conceived Children
    Barry Dunn, 48 U. Louisville L. Rev. 167 (2009)

    “This Note discusses the inheritance rights, or lack thereof, of posthumously conceived children in Kentucky when a genetic parent dies. References are mostly gender neutral, though no reported case involves a posthumously conceived child of an intestate mother. Part II of this Note explains the history of assisted reproduction techniques, the common law treatment of non-marital children, children’s Social Security benefits, and the treatment of posthumously conceived children in other jurisdictions. Part III analyzes Kentucky’s current framework for the intestacy rights of posthumously conceived children and discusses possible alternatives for the General Assembly. Part IV proposes statutes for the General Assembly’s adoption. This Note concludes by arguing that Kentucky’s interests are best served by passing the will alternative, meaning posthumously conceived children may not inherit, but may be provided for by will.”


  • Posted: 06/08/2010
  • |
  • Category: Marriage & Family

  • Tags: , ,

Law Review: Genetic Plastic Surgery: How Neoeugenics Creates a Culture of Stage Moms

    Genetic Plastic Surgery: How Neoeugenics Creates a Culture of Stage Moms
    James A. Long, 7 U. St. Thomas L.J. 203 (2010)

    “Legislators are faced with a number of considerations when deciding if and to what extent neoeugenic procedures should be regulated or even required. Among these are the woman’s autonomy in making reproductive decisions, the subjectivity of the unborn child, the degree to which the police powers would allow the state to require neoeugenic procedures, and whether there is a compelling state interest that would justify a regulation of neoeugenics. One immediate example is evidence that a directive approach (meaning gene therapy is expressly recommended) compromises a woman’s autonomy; therefore, a legislator can support a regulation of neoeugenics requiring doctors to take a non-directive approach (meaning the doctor merely informs the patient of her options) in order to respect the woman’s autonomy. This paper attempts to provide a framework for dealing with these types of considerations. Given this country’s colorful history in the eugenics era, building a solid legal framework will help ensure that the mistakes of the past are not revisited.”


  • Posted: 06/08/2010
  • |
  • Category: Sanctity of Life

  • Tags: , , , ,

Law Review: Fundamentalist Challenges to Core Democratic Values: Exit and Homeschooling

    Fundamentalist Challenges to Core Democratic Values: Exit and Homeschooling
    Catherine J. Ross, 18 Wm. & Mary Bill Rts. J. 991 (2010)

    “This Essay explores the choice many traditionalist Christian parents (both fundamentalist and evangelical) make to leave public schools in order to teach their children at home, thus in most instances escaping meaningful oversight. I am not primarily concerned here with the quality of academic achievement in the core curricular areas among homeschoolers, which has been the subject of much heated debate. Instead, my comments focus on civic education in the broadest sense, which I define primarily as exposure to the constitutional norm of tolerance. I shall argue that the growing reliance on homeschooling comes into direct conflict with assuring that children are exposed to such constitutional values.”


  • Posted: 06/08/2010
  • |
  • Category: Marriage & Family

  • Tags: , , , , ,

Law Review: Why Pharmacists Should be Prescribed a Right of Conscience

    Good Medicine: Why Pharmacists Should be Prescribed a Right of Conscience
    Michael E. Duffy, 44 Val. U. L. Rev. 509 (2010)

    “In Part II, this Note explores the primary source of controversy for pharmacists- interfacing with drugs labeled as contraceptives-and the reasons why many pharmacists object to these medications. This Part then examines the role of conscientious objection throughout the history of the United States military and in the medical profession in the United States of the twentieth and twenty-first centuries to demonstrate that respect for conscience has long been a part of American law . . . Part III analyzes the debate over the value of pharmacist conscience laws and their constitutionality by briefly exploring: whether inconvenience is an adequate justification to require pharmacists to dispense medications to which they object; the differences between substantial and incidental burdens on constitutional rights; the extent of protection for the free exercise of religion after Employment Division, Department of Human Resources of Oregon v. Smith; the difference between alleviating a government-imposed burden on religion and extending free exercise rights; and whether a duty to dispense medications even exists. Finally, Part IV examines the importance of preserving medical ethics and the ability of healthcare providers to exercise their consciences, offers recommendations to pharmacists on how to avoid conflicts with their patients over conscientious objection, and proposes a model right-of-conscience statute.”


  • Posted: 06/08/2010
  • |
  • Category: Religious Liberty

  • Tags: , , ,

Law Review: God of Our Fathers, Gods for Ourselves: Fundamentalism and Postmodern Belief

    God of Our Fathers, Gods for Ourselves: Fundamentalism and Postmodern Belief
    Frederick Mark Gedicks, 18 Wm. & Mary Bill Rts. J. 901 (2010)

    “There is the God whose death was widely predicted, and there is the God who today is alive and well, but they’re not the same God. The God who died is the God of Christendom, who bound together Western society with a universal account of the world that did not survive the advent of postmodernism; this God, indeed, is dead. The God who remains alive is the one adapted to postmodernism; the vitality of that God is on display in contemporary American religion, especially in the spirituality movement. The most pressing religious problem now confronting the world is posed by believers who refuse to recognize the postmodern condition that has brought about the demise of the first God and the rise of the second; I will refer to such believers as ‘fundamentalists.’ All three of these phenomena-the death of God, his rebirth in postmodernity, and his remnants in fundamentalism-are manifest in recent religion clause decisions, though there are also recent suggestions that the Court may be poised to take a fundamentalist turn. I will close with a suggestion linked to that most traditional of believing virtues, humility.”


  • Posted: 06/08/2010
  • |
  • Category: Religious Liberty

  • Tags: , ,

Law Review: The “Licentiousness” in Religious Organizations and Why It Is Not Protected Under Religious Liberty Constitutional Provisions

    The “Licentiousness” in Religious Organizations and Why It Is Not Protected Under Religious Liberty Constitutional Provisions
    Marci A. Hamilton, 18 Wm. & Mary Bill Rts. J. 953 (2010)

    In this Article, I will first briefly examine the beliefs and practices of the fundamentalist polygamists, primarily but not exclusively the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), which have led to a cycle of severe and entrenched child sex abuse. The point of focusing upon the fundamentalist polygamists is that their sexual abuse of children is grounded in their religious scriptures and beliefs. Therefore, if there is any religious liberty defense to furthering child sex abuse, they arguably would have the most powerful arguments. Second, I will survey the rich history that establishes that ‘licentious,’ or illicit, sexual behavior was never intended to be protected by free exercise protections in the history of the United States (or Canada), even if religiously motivated. It is beyond the reach of free exercise guarantees, whether in the state or federal constitutions. I will also look to First Amendment doctrine, which further supports categorical exclusions. Free speech cases already recognize this principle in the context of child pornography and exploitation, which are constitutionally unprotected activities. If the First Amendment was not designed to protect the act of creating images of children engaging in sex, it follows that neither should it protect the acts that lead to child sexual abuse itself. Third, I will extend this reasoning to contemporary cases and explain why carving out licentiousness from religious liberty’s reach can keep these cases from negatively affecting other aspects of the doctrine.”


  • Posted: 06/08/2010
  • |
  • Category: Religious Liberty

  • Tags: , ,