Daily Archives: July 7, 2010

AFP: “Religious intolerance which has killed hundreds of people in central Nigeria this year alone, threatens democracy in the country, President Goodluck Jonathan warned on Tuesday.”

Gwynne Skinner, When Customary International Law Violations ‘Arise Under the Laws of the United States’ (July 2, 2010). Brooklyn Journal of International Law, Vol. 36, No. 1, 2010. Available at SSRN: http://ssrn.com/abstract=1634134

“In this Article, I conclude that common law claims for violations of customary international law arise under the ‘laws of the United States’ for general federal question jurisdiction and within Article III, but only where such claims or defenses to them implicate uniquely federal interests, such as foreign relations.”

Asia News: “A North Korean Evangelical Christian was tortured and then killed in a Pyongyang’s prison. The victim’s brother pieced the story together and made it public. In a long interview, he slams the North Korean regime, calling it ‘hypocritical’, trying to be above any law, be it man-made or divine. Son Jung-hun, who now lives in South Korea, became a devout Christian after his brother Son Jong-nam was sentenced to death by the world’s last Stalinist regime.”

Asia News: “Nam Nguyen, a Catholic from Con Dau parish, in the Diocese of Da Nang died last Saturday, just hours after being released by police. The man, already in recent months, had been arrested, beaten and threatened by agents, following protests from residents over the closure of the cemetery of the parish and the announced destruction of their homes to build a tourist centre.”

LifeSiteNews: “Pro-life leaders in Poland are dismayed over the outcome of the country’s presidential election on Sunday. The Polish people elected liberal Bronislaw Komorowski to fill the spot left open after the late president Lech Kaczynski perished April 10th in a mysterious plane crash on Russian soil.”

Associated Press: “Asbury Park shot down a proposal Wednesday night to allow women to go topless on one of its beaches.”

Compass Direct News: “The Gereja Kristen Indonesia (GKI) Taman Yasmin Church in Bogor, West Java, has filed a religious discrimination appeal with the United Nations Special Rapporteur on freedom of religion or belief, church leaders said. Since April 11 the congregation has held services on the roadside in front of the sealed church in stifling heat. The church pastor, the Rev. Ujang Tanusaputra, told Compass that the congregation has held Sunday services six times in front of the building that the mayor of Bogor sealed.”

Alec Hill, president of Intervarsity Christian Fellowship, writing at Christianity Today: “As president of InterVarsity Christian Fellowship USA—and as a former professor of law—I have concerns about how this decision may impact our 860 chapters and other campus ministries. … Two factors make this decision particularly disconcerting. First, despite the technical narrowness of the holding, the majority opinion contains sweeping language in support of antidiscrimination policies—particularly as related to religious beliefs and sexual orientation—and in affording broad latitude to university administrators. The second major disappointment rests in Justice Kennedy’s concurrence. Considered the swing vote on the court, he compares CLS’s requirement that all members sign its statement of faith with a political loyalty oath. His conclusion—’the era of loyalty oaths is behind us’—is both a disturbing misunderstanding of faith statements and an odd blurring of spiritual and political spheres.”

UKPA: “Labour has failed in an attempt to make it compulsory for academies to teach sex education. Peers backed the Government’s stance on the issue by 245 votes to 156, a majority of 89, despite claims children may be ‘suffering’ because of a lack of good personal, social and health education (PSHE).”

Evangelical Examiner: “During the arraignment of Rev. Patrick Mahoney in Washington, D.C., the US Attorney failed to appear and file formal charges against Rev. Mahoney for his June 8 arrest on a public sidewalk in front of a Planned Parenthood in Washington, D.C.”

Highland Lakes Newspapers: “Burnet County Commissioners briefly discussed, but wound up taking no action on a proposed policy on the use of county-owned public meeting spaces. The discussion sprang from a recent letter to the Marble Falls Library from the Alliance Defense Fund organization of Leawood, Kan.” | ADF News Release of June 8, 2010

ADF Attorney Travis C. Barham writing at Speak Up Movement / University: “Back in March, a federal district court in North Carolina ruled that Dr. Mike Adams’ nationally syndicated columns were not protected by the First Amendment. … Well, the next chapter in Dr. Adams’ quest to end discrimination against Christian and conservative professors has now unfolded. Last week, ADF filed the opening brief in his appeal to the U.S. Court of Appeals for the Fourth Circuit. And just days ago, the American Association of University Professors, FIRE, and the Thomas Jefferson Center for the Protection of Free Expression filed a friend of the court brief on his behalf.”

ChristianNewsWire: “Care Net, a network of more than 1,100 pregnancy centers, calls a summer attack by the abortion industry and its advocates, ‘just another attempt to shut down the competition.’ NARAL, an abortion activist group, has launched an effort to harm pregnancy centers’ ability to advertise their services online. In addition, abortion rights proponents in Congress, Rep. Carolyn Maloney and Sen. Robert Menendez, have re-introduced a bill that would direct the Federal Trade Commission to set up new rules to regulate pregnancy center advertising.” | S.2793 – Stop Deceptive Advertising for Women’s Services Act | Open Congress

WMFD: “Mansfield City Council Tuesday night approved legislation to amend its sexually-oriented business ordinance. Council hopes the legislation will settle a lawsuit filed the parent company of Adultmart, which claimed the original law was unconstitutional.”

The Christian Institute: “A leading doctor has warned that a Bill which would legalise assisted suicide would betray ‘Scottish values’ for the benefit of a vocal few. The End of Life Assistance (Scotland) Bill, proposed by Margo MacDonald MSP, would allow the terminally ill and people who are “permanently physically incapacitated” to seek assistance in ending their lives.”

The Christian Institute: “The Spanish Government has controversially fined a Roman Catholic media group for airing a commercial in defence of traditional family values. Spain’s Ministry of Industry fined Intereconomía 100,000 Euros (around £83,000) for airing the advert as part of a broader campaign to protect family values in the nation.”

HSLDA: “The new 1,500-page Swedish education law passed as expected on June 22, 2010. Introduced into parliament last year, the law creates a sweeping reform of the Scandinavian country’s decades-old education system, last changed in 1985. The new, comprehensive law devotes two pages to home education.”

Jonathan Wynne-Jones writing at the Telegraph: “I can reveal that Dr Jeffrey John, the openly gay but celibate Dean of St Albans, has been blocked from becoming a bishop once again. He has not been chosen as the next Bishop of Southwark.”

“Alliance Defense Fund allied attorneys in North Carolina are uniting in their objections to a proposed policy revision which would add ‘sexual orientation’ and ‘gender identity’ to the list of ‘non-discrimination’ ethics rules for attorneys.”

Rev. Tomasz Trafny, head of Science and Faith Department at the Pontifical Council for Culture, writing at The Washington Post / On Faith: “In an effort to explore the cultural impact of the advancement of sciences and to find common ground for progress in the field of biomedical research with special focus on regenerative medicine, the Pontifical Council for Culture with NeoStem Inc. – an international biopharmaceutical company entrenched in groundbreaking advances in adult stem cell research – have developed a mutual collaboration. Both institutions wish to take a stand on an important yet controversial subject: not all stem cell research is harmful to human life.”

Centre Daily Times: “Today, Liberty Institute filed an amicus brief in the Seventh Circuit Court of Appeals in support of the National Day of Prayer in Freedom from Religion Foundation v. Obama. Among those Liberty Institute represents in the brief include Dr. James Dobson, the Family Research Council (FRC), Focus on the Family Action (Citizenlink), the American Civil Rights Union (ACRU), Let Freedom Ring, and Liberty Counsel, along with 28 family policy councils located in states nationwide.” | Liberty Institute Press Release (Google Viewer) | Brief (Google Viewer)

The National: “Teachers who wear a full face veil have been quietly barred from their jobs by the Syrian government in a move the authorities say is necessary to protect secularism and ensure children receive an objective education. Civil society organisations believe that 1,200 women have been affected by the measure, with all of them moved from their teaching positions and given jobs in local municipal authority offices.”

BBC: “Cuba’s communist authorities are to free at least 52 political prisoners, say Catholic Church officials in Havana. … Agreement to release the prisoners came after talks between Mr Castro and Church leader Cardinal Jaime Ortega.”

The Georgia Bulletin (CNS): “The briefing, ‘Pornography Harms: What Congress Can Do to Enforce Existing Laws,’ was led by Patrick Trueman, a former chief of the U.S. Justice Department’s Child Exploitation and Obscenity Section … During his presentation, Trueman spoke about an argument used by some that fighting pornography limits the adult entertainment industry’s constitutional right of free speech.”

UPI: “Committees of the Presbyterian Church (U.S.A.) have recommended the church allow same-sex marriages and non-celibate gay clergy. If the first proposal is approved by the General Assembly, the church would be the largest denomination in the United States to marry gay and lesbian couples, the (Louisville, Ky.) Courier-Journal reported.”

BusinessWeek: “Missouri Lt. Gov. Peter Kinder filed a lawsuit Wednesday over the federal health care overhaul, accusing Congress of overstepping its authority, trampling on state sovereignty and attempting to interfere with consumers’ health decisions. … Missouri’s lawsuit — filed by Kinder in his personal and official capacities and by three other residents — asserts that the federal government cannot compel people to buy a product and cannot require state officials to participate in enforcing a ‘federal scheme.’”

Associated Press: “A federal lawsuit has been filed against the city of Chicago asking the city’s new gun control ordinance be declared ‘null and void.’”

Times-Picayune: “Gov. Bobby Jindal has signed into law one of the more controversial bills from the recent legislative session, one allowing guns to be carried into houses of worship. … Burns’ bill would authorize persons who qualified to carry concealed weapons having passed the training and background checks to bring them to churches, mosques, synagogues or other houses of worship as part of a security force.” | HB 1272 (guns in church) | SB 381 (solicitation)

“Women getting abortions in Louisiana will be required to get ultrasounds, and doctors who perform elective abortions won’t be covered under medical malpractice laws under bills Gov. Bobby Jindal signed Tuesday.”

The Buffalo News: “A gay rights group is joining the campaign against Democratic State Sen. William T. Stachowski of Lake View by blanketing Erie County voters with a mailing that urges his defeat. … The flier makes no specific mention of Stachowski’s vote against legalizing same-sex marriage but indicates that his re-election would not be expected to yield a different result. However, an e-mail accompanying the announcement of the campaign and seeking financial support said Stachowski has consistently voted against the interests of the gay community.”

Herald Sun: “A Christian group’s refusal to allow a gay youth support project to use its campsite had nothing to do with sexual orientation, a Victorian tribunal has heard. In fact, many groups with homosexual members have used the Christian Brethren’s resort on Phillip Island, Greg Garde, a lawyer for the religious group, told the Victorian Civil and Administration Tribunal today.” | Australia: Tribunal to decide on Christian campsite’s refusal to rent to “gay youth group”

Pocono Record: “Thrills bar and restaurant in Jackson Township was back in court on Tuesday as township officials seek a permanent court order banning the bar from operating an ‘adult cabaret.’ Last month a judge granted the township’s request for a temporary order banning the adult cabaret part of the bar’s business. In court Tuesday, township officials tried to make the ban permanent while the bar sought to reverse the original injunction.”

Catholic News Agency: “Despite suffering a legal setback, a group of 30 parents in the Philippines is pushing ahead in its appeal of the country’s implementation of a United Nations-backed sex education program, which is aimed at children as young as nine years old.”

William Saletan writing at Slate: “Elena Kagan doctored a statement by the American College of Obstetricians and Gynecologists. Conservatives think this should disqualify her from the Supreme Court. They understate the scandal. It isn’t Kagan we should worry about. It’s the whole judiciary. Kagan, who was then an associate White House counsel, was doing her job: advancing the president’s interests. The real culprit was ACOG, which adopted Kagan’s spin without acknowledgment. But the larger problem is the credence subsequently given to ACOG’s statement by courts, including the Supreme Court. Judges have put too much faith in statements from scientific organizations. This credulity must stop.” Via Ross Douthat

Associated Press: “Republican Sen. John McCain says he plans to vote against confirming Supreme Court nominee Elena Kagan. … McCain says Kagan is unlikely to exercise judicial restraint, based on her decision as dean of Harvard Law School to bar military recruiters from the campus career services office because of the ban on openly gay soldiers.”

Spero News: “Muslims in Kerala state, India, say they will intensify their protest against a Catholic school that refuses to allow girls wearing headscarves to attend classes. It is ‘our fundamental right to practice our religion,’ said Abdul Jabbar, district secretary of the Popular Front of India, a confederation of Muslim organizations.”

Wall Street Journal / Law Blog: “A handful of states allow an aspirant to bypass law school by apprenticing with an active lawyer or judge, but for the most part, if you wanna be the next David Boies, you’ve pretty much got to go the law-school route. Is this fair? An Indiana man doesn’t think so. Clarence K. Carter is a former Indiana prisoner and aspiring lawyer who wants to become a lawyer without going to law school, which is required by Indiana law. So Carter is doing what you might imagine: he’s suing Indiana, claiming the law requiring law-school graduation is unconstitutional. Click here for the story, from the Indianapolis Star. Click here for Carter’s complaint.”

Newsweek: “There are disturbing signs that the Federal Security Service (FSB) is preparing a new crackdown on the Web, the one medium not under tight government control. A law currently before the Duma would give the FSB and prosecutors the most sweeping powers they have had since the fall of the Soviet Union, from censoring Internet sites to arresting people for ‘obstructing investigations.’”

Wall Street Journal: “Baby boomers looking to protect their assets are increasingly turning to prenuptial agreements—legal contracts drawn up before a marriage that dictate what happens to assets in the event a couple should part ways, either by divorce or death. … Even before the financial crisis hit, prenuptial agreements were on the rise: Some 80% of matrimonial lawyers said they had seen an increase in couples signing them in recent years, according to a 2006 survey sponsored by the matrimonial lawyers group.”

Hudson New York: “Dutch Queen Beatrix does not like Member of Parliament Geert Wilders, the winner of the recent elections in the Netherlands; she is attempting to prevent the formation of a right-wing coalition that includes him. … June’s general elections in the Netherlands resulted in a clear victory for the right. The Dutch Constitution, however, grants the Queen the power to appoint a person (or persons) of her choice to initiate and direct negotiations for the formation of a government coalition. By appointing the Labor politician Herman Tjeenk Willink to the position of formation facilitator, the Queen has made it clear that she wants a coalition that includes the Labor Party and excludes the Freedom Party of Geert Wilders.”

A TSA spokesman tells The Washington Examiner: “I wanted to let you know that after further review, TSA determined the ‘controversial opinion’ category may contain some sites that do not violate TSA’s policy and therefore has concluded that the category is no longer being considered for implementation. Our intent is not, and never has been, to limit our employees’ ability to access or share ‘controversial opinions.’”

The Daily Caller: “Dr. Patrick Wolf spoke to a packed audience in the Capitol Visitors Center last Monday. Previous studies by Wolf showed an improvement in academic performance, to the point that a student participating in OSP from kindergarten through high school would likely be 2 ½ years ahead in reading. The key finding in this final round of research, Wolf told us, was the graduation rates. OSP dramatically increases prospects of high-school graduation. Simply put, OSP has a profoundly positive effect not just on students, but on the city and the country as a whole.”

“The American Civil Liberties Union of Hawaii and Lambda Legal, a New York-based gay-rights group, plan to file a lawsuit in Circuit Court alleging Hawaii has failed to provide equal rights to gays and lesbians short of marriage.”

“To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him the fundamental right to be who he is.”

“The recess appointment was somewhat unusual because the Senate is in recess for less than two weeks and senators were still waiting for Dr. Berwick to submit responses to some of their requests for information. No confirmation hearing has been held or scheduled.”

OneNewsNow: “The European Court of Human Rights has heard arguments in an appeal of a decision that would ban crosses in Italian schools, and a final ruling should come within a couple of months. … ‘Our religious symbols do have a place in the public square, and you can’t censor a message just because you don’t like it,’ [ADF Attorney Roger Kiska] contends. ‘That’s not free speech, and that’s not the way democracy works.’” | ADF News Release

Dakota Voice: ‘Government officials should not be allowed to ignore the law, the Constitution, and supporting court precedents to target a church for exorbitant taxes it doesn’t truly owe,’ said Stephen J. Wesolick, one of nearly 1,800 attorneys in the …

http://www.boston.com/news/world/europe/articles/2010/07/06/german_court_allows_gene_diagnose_of_ivf_embryos

Mangalorean: “Member of the samiti Ravindra Kamath told presspersons here on Wednesday that State governments had taken over management of major Hindu temples such as Sri Siddhivinayak temple in Mumbai, Sai Baba Mandir in Shirdi and Sri Vithal temple in Pandharpur in Maharashtra. The temples at Sabarimala and Guruvayur had been brought under the Devaswom boards in Kerala. Even the temple at Tirumala was under the control of the Endowment Department of Andhra Pradesh.”

Jessica Dixon Weaver, The Texas Mis-Step: Why the Largest Child Removal in Modern U.S. History Failed (2010). William and Mary Journal of Women and the Law, Vol. 16, p. 1, 2010; SMU Dedman School of Law Legal Studies Research Paper No. 58. Available at SSRN: http://ssrn.com/abstract=1621788

“This article sets forth the historical and legal reasons as to how the state of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ Latter Day Saints’ parents residing in El Dorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the ‘pervasive belief system’ of a polygamist sect that allowed minor females to spiritually marry older adult males sparked questions of how far the Free Exercise Clause of the First Amendment and the Fourteenth Amendment go in protecting religious freedom and parental rights. Ultimately, there was a failure on both sides of the case – harm caused by the unnecessary removal of hundreds of children who were not in immediate danger of abuse, and harm caused by the return of teenage girls who were at risk for sexual abuse on the Yearning For Zion Ranch. The article concludes by discussing key factors that would have made a difference in the outcome of the case and the impact of this decision on the interrelationship between parents, the state, and the child.”

Susan Duncan, A Legal Response is Necessary for Self Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill (July 5, 2010). Available at SSRN: http://ssrn.com/abstract=1635067

“This Article explores self produced child pornography, known in the media as ‘sexting,’ and offers a balanced, multi-faceted approach including both a legal response and education. Currently, states are modifying their laws because applying existing child pornography statutes to self produced child pornography results in a punishment which does not fit the crime. The author analyzes and critiques these proposed statutes finding none adequately address the multiple facets of the self produced child pornography problem. The Article concludes by offering a checklist of important provisions legislators should consider and proposed language legislators can incorporate into their bills. Policymakers and scholars will gain an excellent summary of both the problem and the arguments advanced by scholars studying the issue, as well as a template for solving the problem after reading this Article.”

LifeSiteNews: “‘Voters adopted the marriage amendment in Wisconsin for one clear and simple reason: to protect the institution of marriage,’ said ADF Litigation Counsel [Jim Campbell]. ‘We should be strengthening – not undermining – marriage, which is one man and one woman. Once again, activists tried to use the courts to force something on the people that they have repeatedly and overwhelmingly rejected.’”