Daily Archives: July 13, 2010

PennLive.com: “The American Civil Liberties Union confirmed Monday that it has sent Harrisburg Mayor Linda Thompson a letter asking her to end her habit of opening some staff meetings with a prayer.”

Christian Post: “Some 10,000 people joined a first-of-its-kind Web event over the weekend that was focused on educating the public on how to end abortion.”

Politico: “Taxpayers have paid out nearly $1 million per year in settlements to congressional employees who have been harassed or otherwise treated badly by their political bosses over the past 14 years, according to records from the Office of Compliance.”

JournalStar.com: “A federal judge will hear arguments Tuesday about whether to block a new Nebraska law requiring mental health screenings for women seeking abortions.”

Michael Foust writes at Baptist Press: It likely is a very rare event when the Southern Baptist and Roman Catholic official statements on marriage are read aloud in a federal courtroom, as happened earlier this year during the trial of California Prop 8 . . . They were trying to show that religions during the Prop 8 campaign were pandering to prejudicial stereotypes to motivate the voters,” Jordan Lorence, an attorney with the Alliance Defense Fund, told Baptist Press.

Medical News Today: “The potential for debate over several politically sensitive issues — including abortion — and a full legislative agenda make it unlikely that the Senate will take up its fiscal 2011 defense authorization bill (S 3454) before the August recess, CQ Todayreports.”

Religion Clause Blog: “According to the Lakeland (FL) Ledger, Atheists of Florida yesterday filed a federal lawsuit against the city of Lakeland, challenging its practice of opening City Commission meetings with prayer. The complaint (full text) in Atheists of Florida, Inc. v. City of Lakeland, Florida, (MD FL, filed 7/12/2010), alleges . . . ”

This is the kind of abortion funding the pro-life movement warned the kind of abortion funding the pro-life movement warned about when Congress considered the bill.

CNSNews: “In an interview with The Associated Press, Rep. Peter King raised concerns about the sources of funding for the proposed $100 million mosque, just blocks away from the site of the Sept. 11 attacks, where nearly 3,000 Americans died at the hands of Islamic terrorists.”

Omaha.com: “The Fremont City Council was expected tonight to approve election officials’ certification of a measure passed by voters to bar the hiring or renting of housing to illegal immigrants.”

“On Tuesday, Herb Lux, an independent candidate for the United States House of Representatives in Virginia’s Seventh Congressional District, and three of his supporters sued Virginia to protect their right to circulate and sign a candidate petition in support of Herb Lux’s candidacy. The State Board of Elections rejected a majority of Mr. Lux’s petitions and refused to certify him for the ballot, citing a Virginia law that requires petition circulators to be residents of the congressional district . . . ”

Peter Sprigg writes at the FRC Blog: On Tuesday evening, July 13, the Board of Trustees of the Helena, Montana public schools was scheduled to hear public comments for the first time on a controversial new sex education curriculum. Some people who support in principle the idea of sex education in schools may wonder what the fuss is about in Helena. Just so people know how extreme the proposed curriculum is, here are some excerpts . . . ”

Eugene Volokh reports on the ruling in United States v. Skolen at the Volokh Conspiracy.

Skrzypczak v. Catholic Diocese of Tulsa, No. 09-5089 (10th Cir. June 13, 2010)

In this case we consider whether the district court correctly granted summary judgment in favor of the Roman Catholic Diocese of Tulsa on a former employee’s federal employment law claims, based on the ministerial exception to Title VII. After considering the parties’ arguments and the evidence in the record before us, we hold that the district court correctly dismissed the claims. In April of 1996, the Appellant, Monica Skrzypczak, began work as the director of the Department of Religious Formation for the Roman Catholic Diocese of Tulsa.

Thomas More Law Center: “On Wednesday, July 14, 2010 at 3:00 p.m., Federal District Court Judge Thomas L. Ludington will hear Attorney General Eric Holder’s motion to dismiss the first court challenge to the federal ‘Hate Crimes Act.’ The hearing will take place in Courtroom 214, 1000 Washington Avenue, in Bay City, Michigan.”

“A three-judge panel in New York says a rule on unscripted expletives on live broadcast TV and radio creates a ‘chilling effect’ in violation of the 1st Amendment.”

CNA: “’Let’s be clear: this law is not a law, although it is presented as such by some politicians and lawmakers. It is no law because nobody has the right to take the life of an innocent human being. For this reason it is not obligatory. Moreover, it demands direct opposition without distinction,’ the archbishop said in a letter.”

Americans United for Separation of Church and State: “Americans United for Separation of Church and State has asked a federal appeals court to stop a Southern California community college from proselytizing and imposing prayers at public events.” | Brief of Plaintiffs-Appellants,  Westphal v. Wagner, No. 10-55781 (9th Cir.)

Star Tribune: “A coalition of booksellers and Internet content providers has filed a federal lawsuit challenging a new Massachusetts law that outlaws the sending of sexually graphic instant messages to minors. The new law was designed to close a loophole that prompted a court to overturn the conviction of a man accused of sending explicit instant messages to a 13-year-old.” | ACLU press release | Complaint: American Booksellers Foundation for Free Speech v. Coakley (E.D. Mass.)

USA Today: “Opposition to new full-body imaging machines to screen passengers and the government’s deployment of them at most major airports is growing. Many frequent fliers complain they’re time-consuming or invade their privacy . . . The machines — dubbed by some fliers as virtual strip searches — were installed at many airports in March after a Christmas Day airline bombing attempt.”

Peter Wood and Ashley Thorne write at the National Association of Scholars: “Teresa Wagner, a lawyer and former adjunct professor of law at George Mason, applied unsuccessfully in 2006 for a position as a full-time writing instructor at the University of Iowa College of Law. She was already employed at the College in a part-time position. Wagner believes that she was denied the appointment on political grounds. Like Moyar she is a Republican. She was also outspoken in her advocacy of some conservative positions. None of this seemed to matter in a variety of professional positions she held before applying for the Iowa opening, and in fact Wagner seemed to pass through two rounds of interviews at the law school with flying colors. At that point, however, her appointment was blocked and the position was instead granted to an individual who had never practiced law or published, and who professed to ‘hate’ Republicans and “right wingers.’ . . . ”

Laura Saunders and Mary Pilon writes at the Wall Street Journal: “The estate tax is set to come roaring back in January. That sets the stage for a perverse calculus: End it all—or leave a massive bill for your heirs to deal with.”

Jonah Goldberg and Nick Schulz write at EducationNews.org: “A .kids domain would be strictly reserved for material appropriate for minors 18 years and under. Across the country, schools are removing vending machines that contain sugary sodas on the grounds that kids should be kept clear of anything that might contribute to the obesity epidemic.” | The authors also have this article at National Review: Gated or X-Rated? : ”Right now, there are many ‘top-level domains’ — .com, .org, .biz, .gov, .edu., etc. We propose the creation of a .kids domain that would be strictly reserved for material appropriate for minors 18 years and under. Most sites would probably be able to mirror themselves on a .kids domain with little to no extra effort. Most corporations, schools, and other organizations have perfectly harmless material that kids and teens can view without causing their parents to stay up at night.”

LifeNews: “Supreme Court nominee Elena Kagan may become one of the more ardent pro-abortion activists on the high court if confirmed, but that may not be enough to stop normally pro-life Sen. Lindsey Graham of South Carolina from supporting her when the Senate Judiciary Committee votes next week.”

LifeNews: “Supreme Court nominee Elena Kagan says she will recuse herself from a handful of potential cases that could come before the high court with her on it if the Senate confirms her. However, she has not said she would step down from considering the lawsuit on the pro-abortion health care law President Obama signed.”

National Law Journal (Law.com): “At the annual Adult Video News Awards in Las Vegas in January 2008, Stagliano produced an erotic dance that his lawyers say condemned criminalizing erotic images and warned of government monitoring of private use of the Internet. Now, Stagliano is just trying to stay out of prison. Stagliano and two of his companies were indicted in federal district court in Washington in April 2008 on seven counts of distributing obscene, sexually graphic videos that U.S. Justice Department prosecutors allege have no artistic or scientific value and cut against the community standard of what is acceptable. He faces up to 32 years behind bars if convicted . . . ”

MyStateLine.com: “Rona Mohammedi, a practicing Muslim, says she went to the medical facility on February 11th with severe chest pains, and when told she would need an electrocardiogram, she asked for a female to conduct the test.”

Religion Clause Blog: “In Shatkin v. University of Texas at Arlington, 2010 U.S. Dist. LEXIS 68500 (ND TX, July 9, 2010), a Texas federal district court refused to dismiss a suit by two former development office employees at the University of Texas who were fired for praying over a fellow-employee’s cubicle, and rubbing olive oil on the employee’s metal doorway, in an after work-hours ceremony.”

AP: “A federal appeals court on Tuesday threw out part of Connecticut’s controversial public campaign financing law, a complex ruling that could have an immediate effect on the 2010 campaigns.” | | Green Party of Connecticut v. Garfield, Nos. 09-3760-cv(L), 09-3941-cv(CON) (2nd Cir. July 13, 2010)

WorldNetDaily: “The new Conservative Party-led government of Prime Minister David Cameron informed Michael Savage it will continue the ban on the top-rated talk-radio host’s entry to the United Kingdom unless he repudiates statements made on his broadcasts that were deemed a threat to public security.”

Sen. Orring G. Hatch writes at National Review: “After studying Elena Kagan’s record, actively participating in her hearing, and listening to the views of folks in Utah and across the country, I do not believe that she meets the standards we should require of federal judges — especially Supreme Court justices. The first important standard is experience . . . ”

One News Now: “Governor Bobby Jindal (R) signed three pro-life measures into laws last week. Gene Mills, executive director for the Louisiana Family Forum (LFF), tells OneNewsNow . . . ”

One News Now: “When it comes to the homosexual agenda, the media’s role — according to a pro-family attorney — is to desensitize the public by making ‘the absurd appear reasonable and normal.’”

ADF attorney Jonathan Scruggs appeared on KFUO with Roland Lettner to discuss the case of a pro-life protester arrested for offensive signs in Oregon. | MP3 22:55 mins

ADF attorney Dale Schowengerdt appeared on the Janet Mefferd Show to discuss ongoing efforts to defend marriage and the recent Massachusetts rulings holding that the Federal DOMA is unconstitutional. | MP3 17:49 mins

AP:  ”France’s lower house of parliament overhwelmingly approved a ban on burqa-like Islamic veils Tuesday, a move that is popular among French voters despite serious concerns from Muslim groups and human rights advocates . . . ”

“The American Bar Association next month will consider adopting a measure supporting same-sex marriage backed by two New York bar associations.”

Findlaw (AP): “The trial in Riverside starts Tuesday and is scheduled to last two weeks. Dan Woods, attorney for the Log Cabin Republicans, says he wants a federal judge to halt the policy immediately nationwide.”

ADF attorney Erik Stanley appeared on Grassroots America “We the People” hosted by George Stephenson to discuss Pulpit Freedom Sunday and the Pulpit Initiative. | MP3 14:53 mins

ADF attorney Jeremy Tedesco appeared on the Jody Hice Show to discuss the Julia Ward case and escalating threats to Religious Freedom on university campuses across the country. | MP3 17:32 mins

Heritage Foundation Foundry Blog: “The leftist majority in Congress has had years to address this impending economic disaster but have refused to act. Last month, the House leadership announced that for the first time in the history of the budgeting process, they would not set a budget this year. And not only are they refusing to set any limits on their own spending, but now they are even talking about punting the tax issue into December so that they can raise our taxes without having to answer to the American voter. Sen. Tom Harkin (D-IA) told The Hill earlier this month: ‘It’s not going to get done before the election. The lame-duck session is when all of this is going to get resolved.’”

“The latest decision from our judicial overlords on same-sex marriage spells trouble for republican constitutionalism and the institution of marriage . . .”

“The ruling again raises serious questions about the origin and purpose of law . . . So let’s see: state laws are fine when they promote the interests of the ruling liberal and cultural elites, but they are to be ignored, or overturned, when they do not promote the objectives of the ruling liberal and cultural elites. Is that it?”

Fox News (AP): “The University of Illinois has fired an adjunct professor who taught courses on Catholicism after a student accused the instructor of engaging in hate speech by saying he agrees with the church’s teaching that homosexual sex is immoral . . . Patricia Gibson, an attorney and chancellor of the diocese, said Howell was let go because he could no longer teach at the university. ‘We are very concerned and very distressed by what we understand is the situation from Dr. Howell,’ she said. The diocese hopes to discuss the situation with someone at the university, she said. A Christian legal defense group, The Alliance Defense Fund, said it is considering helping Howell.”

News-Gazette.com: “‘Teaching a student about the tenets of a religion is one thing,’ the student wrote in the e-mail. “Declaring that homosexual acts violate the natural laws of man is another.” . . . Hogan and Easter said Monday the senate may want to review the agreement between the Department of Religion and the Newman Center . . . ‘My understanding is that there have been longstanding questions about this relationship,’ said Professor Nicholas Burbules, professor of educational policy studies and a member of the Senate Council. . . . Burbules, who was a religious studies major at Grinnell College in Iowa, said ‘a religious studies program is not a seminary. There’s a difference between teaching about religion and teaching religion.’ He said the case isn’t ‘just about one e-mail or the issue of homosexuality. ‘My understanding is this line has been crossed a long time ago, and repeatedly. This email was kind of a last straw,’ Burbules said . . . ”

CNA: “Travis Barham, litigation staff counsel for the ADF Center for Academic Freedom, wrote a letter on July 12 to several officials at the University of Illinois, including the president, the Dean of the College of Liberal Arts and Sciences and the head of the religion department. ‘In relieving Dr. Howell of his teaching responsibilities, the University is firing him for teaching Catholic doctrine in a class about Catholic doctrine,’ Barham said. He noted that ‘the University’s only reason for removing Dr. Howell is that other students, faculty, and staff disliked his speech.’ However, he continued, the First Amendment ‘exists precisely to protect controversial ideas from being silenced’ and ‘affords broad protection for a professor’s speech in the classroom.’”

ADF attorney Roger Kiska appeared on the Zeb Bell Show to discuss ADF activities in Europe including the Swedish homeschooling case. | MP3 15:30 mins

ADF attorney Byron Babione appeared on the Georgene Rice Show to discuss the recent Defense of Marriage Act rulings out of Massachusetts. | MP3 11:15 mins

The Hill: “The midterm election moved into a new stage Monday, with both parties acknowledging Republicans could win back the House majority this November.”

ABC: “First Lady Michelle Obama brought renewed energy to the NAACP today, delivering the keynote speech at the annual convention one day before the nation’s largest civil rights group is expected to condemn what it calls racist elements in the Tea Party movement.”

CBS: “The Pentagon today strongly pushed back against an allegation from a prominent political blogger that the military could segregate gay and straight servicemembers if and when lawmakers repeal the ‘Don’t Ask, Don’t Tell’ policy.”