Daily Archives: September 23, 2010

100 pastors to preach sermons involving biblical perspectives on electoral candidates, officeholders despite IRS rule muzzling speech in the pulpit

Associated Press: “A spokeswoman for Delaware Congressman Mike Castle says he’s considering a write-in campaign for Senate after his Republican primary loss to Christine O’Donnell.”

Blog of LegalTimes: “The Senate Judiciary Committee voted along party lines today to advance the nomination of law professor Goodwin Liu to the U.S. Court of Appeals for the 9th Circuit, signaling they’re not ready to give up on one of President Barack Obama’s most controversial nominees.”

Washington Post: “The study, published in the spring edition of the Journal of Police and Criminal Psychology, was co-written by Michael Aamodt, a professor emeritus at Radford University who now works as a consultant with the Washington-based DCI Consulting Group . . . Dancers and choreographers registered the highest divorce rates (43.1 percent), followed by bartenders (38.4 percent) and massage therapists (38.2 percent) . . . ”

Law.com: “Prenuptial agreements are on the rise, according to a poll by the American Academy of Matrimonial Lawyers. Of the divorce lawyers polled, 73% reported an increased number of prenuptial agreements during the past five years. Significantly, 52% reported an increase in the number of women initiating such agreements.”

Boston.com (AP): “Six years after the state Legislature legalized gambling, Philadelphia is set to become the largest U.S. city with a casino.”

“There is a constellation of factors tamping down fertility in America. And even with steady immigration, they represent our own, bottom-up adoption of a One-Child regimen.”

Quad City Times: “A Scott County judge has opened the door for a Davenport strip club to reopen its doors. District Judge Marlita A. Greve ruled this week that C Line Inc., owner of the Chorus Line property at 4128 N. Brady St., has a valid and existing adult entertainment license and can immediately open its cabaret business.”

Breitbart: “These are some of the results of The Harris Poll of 2,775 adults surveyed online between August 9 and 16, 2010 by Harris Interactive. Almost three in five (58%) Americans say they are knowledgeable about the process, with 14% saying they are very knowledgeable and 44% saying they are somewhat knowledgeable. However, Americans, 65 and older (74%) and men (71%) are more likely to say they are knowledgeable on this compared to younger Americans, those 18-33, and women (both 46%).”

Americans United for Separation of Church and State: “An evangelistic rally jointly sponsored by U.S. military personnel and evangelical Christian churches and ministries violates the U.S. Constitution and must be cancelled, says Americans United for Separation of Church and State.”

Specifically, MCCL and the other corporations want to spend general treasury dollars to run advertisements for candidates they support. But Minnesota law won’t let them. Instead, Minnesota requires them to set up a separate fund to pay for advertisements, and requires that fund to comply with lots of registration, record-keeping, and reporting requirements just to engage in its political speech. But the Supreme Court has said in other cases that corporations have the right to pay for their political speech with general treasury dollars, and they cannot be forced to set up separate funds or to comply with requirements like Minnesota imposes.

Associated Press: “Texas officials filed a lawsuit Thursday against the U.S. Department of Education, seeking to overturn the federal agency’s rejection of the state’s application for more than $830 million in aid that has been tied up in political wrangling.”

Sean Rehaag, Bordering on Legality: Canadian Church Sanctuary and the Rule of Law (September 22, 2010). Refuge, Vol. 26, No. 1, p. 43, 2009. Available at SSRN: http://ssrn.com/abstract=1681043

“This paper examines church sanctuary incidents in Canada involving unsuccessful refugee claimants seeking to avoid deportation. The author contends that when faith-based communities develop formal screening mechanisms to determine who among the many that request it is accorded sanctuary, they apply similar norms and procedures as those found in Canada’s official refugee determination process.

The author argues that although sanctuary practices are often criticized as a form of civil disobedience that poses a threat to the rule of law, it is also possible to understand sanctuary practices as a means through which faith-based communities prevent the state from violiating both Canadian and international refugee law, thereby upholding rule-of-law norms.”

Thomas Tinkham, Applying a Rational Approach to Judicial Independence and Accountability on Contemporary Issues (September 22, 2010). William Mitchell Legal Studies Research Paper No. 2010-17. Available at SSRN: http://ssrn.com/abstract=1681100

“This article begins with a review of the purposes of judicial independence and judicial responsibility. It demonstrates that judicial independence is not adversely imparted and judicial responsibility is improved by public judicial evaluation, distribution, judicial performance data and acceptance of critical comment on decisions. The article explores the primary criticisms of judicial elections and concludes that these criticisms can be best met, not by abolishing judicial elections but by providing better data on judicial performance, encouraging candidates to disclose their general positions on major issues and requiring recusal of judges financially involved with parties on accepting election contributions from parties or their lawyers.”

Washington Examiner: “Planned Parenthood is closing doors at its Cherry Hill center in Southern New Jersey as the result of Gov. Chris Christie’s line-item veto, which cut off $7.5 million in state taxpayer funding of the organization, according to LifeNews.com. However, the governor’s office has confirmed to The Examiner that state-funded abortions will continue to be provided, contrary to claims by Planned Parenthood.”

New York Times: “With scores of first-time donors in the room, many of them from Wall Street, the AFER [American Foundation for Equal Rights] raised more than $1.2 million – with $100,000 coming in during and after last night’s event. The reception was chaired by three Republicans: Ken Mehlman, left, of private equity giant Kohlberg Kravis Roberts & Company; Paul Singer of hedge fund Elliott Management; and Peter Thiel of hedge fund Clarium Capital.”

Associated Press: “Circuit Judge Jack Schoonover in Naples refused class-action certification for the Republican donors seeking refunds. That means at least 2,000 GOP contributors would have to pursue individual lawsuits to get back money they gave the Crist campaign before he became an independent.”

Asbury Park Press: “Four secular blessings are to be considered as alternatives to reciting the Lord’s Prayer at the start of Borough Council meetings, said Kevin B. Riordan, the municipal attorney . . . One week ago, the American Civil Liberties Union of New Jersey filed a lawsuit on behalf of Sharon Brenner Cadalzo, 57, of Atlantic Avenue, who is Jewish and believes the prayer is an unconstitutional government endorsement of Christianity and thus a violation of her civil rights.”

The Aspen Times: “The Grace Church of the Roaring Fork Valley isn’t entitled to $1.5 million in damages from Pitkin County for delaying construction of a place of worship in Emma, a federal district judge has ruled . . . The church claimed its rights under the Religious Land Use and Institutionalized Persons Act was violated . . . ‘As discussed below, the plaintiffs were not treated in a discriminatory manner. The plaintiffs were not pressured to abandon their beliefs or forego religious conduct. The only effect on religious exercise resulting from the denial of the special-use application was that the church could not use this particular property for its religious purposes.’”

Grace Church of the Roaring Fork Valley et al v. County of Pitkin, CO, No. 05-cv-01673

ABC: “Northwest Indiana school systems today begin excluding students who have not yet received three new immunizations mandated by the state and federal government.”

Mormon Times: “For women who learn their husbands have a pornography problem, emotions come rushing in, sometimes out of the blue and other times as an explanation for behavior that was never adequately explained . . . Research shows the majority of people grappling with Internet porn are married heterosexual men with an average age of 38, according to Jill Manning, a researcher and author who has examined the impact of pornography on marital relationships. ‘The majority of spouses impacted by this problem are women,’ she said.”

The Jakarta Globe: “The Setara Institute for Peace and Democracy on Thursday outlined why a controversial decree on building houses of worship should be revised.”

The Canadian Press: “A Malaysian court has awarded damages to indigenous villagers after ruling that authorities unlawfully demolished their Christian chapel, their lawyer said Thursday . . . The High Court ruled Wednesday that authorities had trespassed on their land and failed to honour a pledge made in 2001 to list the site as customary native land, lawyer Steven Thiru said. It awarded damages to the 51 villagers, with the amount to be decided later.”

Seattle Post-Intelligencer (AP): “Two Muslim inmates from the Pierce County Jail in Tacoma are suing, claiming they are banned from practicing their religion. The lawsuit was filed this week in federal court in Tacoma with the help of the ACLU and Public Interest Law Group, The News Tribune reported Thursday. The lawsuit also names the sheriff’s department, which runs the jail, and eight jail officials.”

Law.com: “Eastern District of New York Judge Jack B. Weinstein’s second attempt to order a new trial for a man convicted of possession and receipt of child pornography has been rebuffed by the 2nd U.S. Circuit Court of Appeals . . . Weinstein had ruled last October that a 2009 circuit decision reducing the number of counts of receipt and possession of child pornography made Polouizzi’s insanity defense potentially more viable and, therefore, a new trial was required.”

Family Research Council: “Family Research Council is hosting a symposium to discuss the relationship between economic and social conservatism on Friday, September 24 from 1-3 p.m. ET at FRC’s headquarters at 801 G Street, NW, Washington, D.C. WHO: Ross Douthat, New York Times columnist; Lawrence Reed, Foundation for Economic Education president; Bob Patterson, Howard Center for Family, Religion & Society adjunct research fellow and The Family in America editor.”

The Institute on Religion & Public Policy: “Muslims in Moscow may be forced to pray in Orthodox churches because of a lack of mosques, though they would prefer not arrive at such an ‘extreme’ decision. The warning comes from the imam of the main mosque in the Russian capital Ildar Ayautdinov, responding to citizens’ protests against the planned construction of a place of Islamic worship in the district of Tekstilschiki. The Orthodox Church says it is ready to accept the Muslim faithful, but scholars of Islam argue that Muslim religious leaders are magnifying the situation which in reality is not so dramatic.”

OneNewsNow: “According to a report released by the National Abstinence Education Association (NAEA), 30 governors applied for the Title V funding by the August 30 deadline. Executive director Valerie Huber tells OneNewsNow that both Republicans and Democrats accepted the funds and jointly contributed to the highest number of requests in years.”

FindLaw (AP): “Oil-producing countries on Thursday rejected a German proposal for a moratorium on deep-water drilling in the Northeast Atlantic that reflected environmental concerns after the BP Gulf of Mexico oil spill.”

Politico Pulse: “With health reform’s popularity steadily slipping, top administration officials turned to faith-based groups that supported the law to do their part explaining it. On an hour-long conference call Tuesday, they outlined the Patients’ Bill of Rights and asked faith-based and community groups to get the word out on the new provisions. ‘I wanted to have this call because we have a big day coming up, the six-month anniversary of health reform’s passage,’ President Obama told leaders on the conference call, hosted through Health and Human Services’ Center for Faith-based and Neighborhood Partnerships.”

CBS News: “CBS News has obtained a final draft of House Republicans’ legislative agenda for the next Congress, a 21-page ‘Pledge to America’ that they will formally unveil Thursday morning at a Virginia hardware store.” CBS includes a link to the text.  New York Times / Associated Press

Robert George writing at American Principles Project: “My thesis is straightforward: basic shared principles should lead serious social conservatives to become economic conservatives as well. And those same principles should lead serious economic conservatives to become social conservatives at the same time. Sound conservatism, as a matter of principle and not mere pragmatism, will honor limited government, restrain spending, and provide honest money and low taxes—while at the same time upholding the sanctity of human life in all stages and conditions; the dignity of marriage as the conjugal union of husband and wife; and protect the innocence of children.”

Associated Press: “The number of opposite-sex unmarried couples who shared living arrangements jumped 13 percent this year to 7.5 million, the Census Bureau reported Thursday. That’s compared to a 2 percent decrease between 2008 and 2009.”

Fort Wayne News-Sentinel: “An unusually large contingent of female Republican candidates with strong anti-abortion views is heating up debate on the issue and could change the political equation in the next Congress.”

“In a flurry of speeches and meetings — and one meeting that did not happen — the Turkish president, Abdullah Gul, defended his country’s close ties to Iran, proclaimed Turkey’s intention to become a leader in the Muslim world . . . ”

Katrina Trinko writing at National Review Online: “California, thanks to a bill that’s awaiting Gov. Arnold Schwarzenegger’s signature, may be about to launch a program to provide ‘transitional kindergarten.’ The program seems harmless enough: It’s just a year of pre-kindergarten education available to children whose fifth birthday occurs in the fall . . . The evidence shows that government-funded, large-scale early-education programs fail to deliver long-term educational benefits. If Californians introduce transitional kindergarten, they might provide a great free day care for parents, but they’re kidding themselves if they expect any higher test scores in the future.”

George Neumayr writing at The American Spectator: “Vladimir Lenin said that westerners too dumb to recognize his plans to ‘hang them’ would ‘sell me the rope — on credit.’ And they did, engaging in decades of excuse-making for Communist totalitarianism. But without the Soviets around, the American left needed new anti-western totalitarians to mollify, and the leaders of militant Islam satisfied that itch . . . Communism’s useful idiots sold Lenin and his successors the rope to hang them. Islam’s apologists will not only sell the jihadists the rope to hang westerners but will acquit them through Sharia law after they do.”

ADF Doug Napier appeared on the Janet Mefferd Show to discuss ADF efforts to counter the ACLU fundraising machine. | MP3 audio 18:50 mins | Related: ACLU announces historic fundraising success | ADFonJanet.org

ADF Attorney Daniel Blomberg appeared on Currents to discuss the effect of DADT repeal on religious freedom.

http://www.youtube.com/watch?v=0htIbjhyyE8

ADF attorney Doug Napier appeared on the Mike Gallagher Show to discuss campus freedom, the ACLU’s $400 million fundraising campaign, and ADF’s University matching grant. | MP3 audio 7:43 mins | Related: ACLU announces historic fundraising success | ADFonMike.org

Wesley J. Smith writing at National Review Online: “Just when you thought the political fight over federal funding of embryonic-stem-cell research (ESCR) was over, United States District Court Judge Royce C. Lamberth ruled that President Obama’s ESCR policy violates the ‘Dickey-Wicker Amendment,’ a federal law barring federal funding of ‘the creation of a human embryo . . . for research purposes’ and ‘research in which a human embryo or embryos are destroyed.’ In response, a group of lawmakers introduced legislation that would authorize federal funding for human cloning . . . DeGette/Castle/Specter would do more than restore Obama’s ESCR policy. It would also explicitly authorize federal funding of human-cloning research — which is not permitted under the current NIH plan.”

“A government study found one in five sexually active urban gay and bisexual men is infected with HIV, and nearly half of those infected don’t know they have the disease.”

“Just one and a half per cent of the UK population is gay or bisexual, far lower than previous estimates suggested, the first official survey on sexual identity has revealed.”

Associated Press: “British police say they have arrested six men on suspicion of stirring racial hatred after they posted a video on the Internet in which they appear to burn two Qurans on Sept. 11.” YouTube video via The Jawa Report [Warning: Video contains foul language]

Los Angeles Times: “In a last-minute move, the Supreme Court agreed Thursday to delay a verdict involving a dispute between Muslims and Hindus over who has the right to a controversial religious site.”

Wausau Daily Herald: “The National Abortion Rights Action League and Planned Parenthood are heavily involved in the Human Growth and Developement curriculum that was adopted by the Merrill Area Public Schools Board of Education in a 5-4 vote. If these new courses are effective in preventing unwanted pregnancies and sexually transmitted diseases, why are abortion providers so involved in the legislation that created these new courses? Because they already know that what would be taught will be ineffective.”

Kentucky.com (AP): “The American Civil Liberties Union is asking Mayfield’s zoning board to reconsider its rejection of a Somali man’s request for a permit to build a mosque in the western Kentucky city.”

ACLU Blog of Rights: Since RLUIPA’s enactment, much progress has been made in eradicating religious discrimination in the zoning context, and many communities have been even more welcoming of new houses of worship, including those built by followers of minority faiths. But there have also been discouraging signs. Unfortunately, the recent uproar over a proposed Muslim community center in Lower Manhattanis hardly an isolated incident. As a new interactive map launched today by the ACLU shows, we still have more work to do, especially with regard to protecting the religious freedom rights of Muslims.

Cal Thomas writing at Townhall: “According to the Centennial Institute, a proposed new rule by the U.S. Department of Education (DOE) ‘would place private colleges and universities under the ultimate control of state governments, rather than independent accrediting agencies. The notice of proposed rulemaking was posted in the Federal Register on June 18 for a public comment period ending Aug. 2. It could take effect as soon as November.’”

Larry Elder writing at Townhall: “What happens when an Australian Muslim cleric calls for the beheading of a Dutch politician? Not much. What happens when an American pastor no one ever heard of threatens to burn a Koran? It ignites an international outcry.”

Matthew Hoffman writing at LifeSiteNews: “The ‘culture of death’ — Pope John Paul II’s term for the international pro-abortion and anti-family movement, is now winning serious victories in Latin America. After decades of failure, the efforts of big international abortionist organizations and their well-financed proxies are increasingly converting ruling elites to their pro-death position.”

LifeNews: “A microbiologist says there are so many published studies confirming the link between induced abortion and breast cancer that he plans to publish one every day on his blog until he’s mentioned them all. It will take Dr. Gerard Nadal so many weeks to cover them all, the blogging will continue until early next year.”

David Bernstein quotes Slate’s Dahlia Lithwick: ‘O’Donnell explained that “when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional.” How weird is that, I thought. Isn’t it a court’s job to determine whether or not something is, in fact, constitutional? And isn’t that sort of provided for in, well, the Constitution?’

And responds: “Senators swear an oath to uphold the Constitution. Of course they are obligated to determine whether a bill they are considering is constitutional. Where did Lithwick get the idea that courts, and only courts, should be concerned with the constitutionality of legislation?”

Rasmussen Reports: “A new Rasmussen Reports national telephone survey finds that 43% of Adults agree that free-market capitalism is the best anti-poverty program in the world. Thirty percent (30%) disagree, but another 27% aren’t sure.”

Wall Street Journal: “General Motors Co. has begun to once again contribute to political campaigns, lifting a self-imposed ban on political spending put in place during the auto maker’s U.S.-financed bankruptcy restructuring last year . . . The beneficiaries include Midwestern lawmakers, mostly Democrats, who have traditionally supported the industry’s legislative agenda on Capitol Hill, including Sen. Debbie Stabenow (D., Mich.), Sen. Sherrod Brown (D., Ohio) and Rep. John Dingell (D., Mich.).”

Rasmussen Reports: “A telephone survey of Likely New York voters finds Schumer picking up 58% of the vote to Jay Townsend’s 35%. Three percent (3%) prefer some other candidate in the race, and four percent (4%) are undecided.”

Concerned Women for America: “Today, the Senate Judiciary Committee will be considering, once again, the nomination of several highly controversial judicial nominees who President Obama renominated after they were sent back to him before the recess. Penny Nance, CEO of Concerned Women for America, said: ‘We really cannot be surprised that President Obama and liberals in the Senate did not listen to the concerns of millions of women about these nominees. They have not listened to the American people during their entire time in leadership.’”

The Reno Gazette-Journal: “Supreme Court Justice Sandra Day O’Connor continued her push Wednesday to change the way Nevada selects its district judges and Supreme Court justices. O’Connor, the first woman appointed to the U.S. Supreme Court, is backing Ballot Question 1, which would end Nevada’s system of electing judges and replace it with a system where judges would first be appointed by the governor after a review by a judicial committee.”

New York Times Editorial: “The most prominent of the five repeaters is Goodwin Liu, a law professor and legal scholar who would be the only Asian-American serving as an active judge on the United States Court of Appeals for the Ninth Circuit . . . Conservatives do not like Mr. Liu’s support for same-sex marriage rights, affirmative action and his view that the Constitution is a living document that evolves over time. But his views fall well within the legal and political mainstream. His warnings that Chief Justice John Roberts Jr. and Justice Samuel Alito would turn out to be extremely conservative were accurate.”

NCPA: “Despite rising tuition and student loan debt levels, the long-term payoff from earning a college degree is growing, according to a report by the College Board.”

Law.com: “A brief filed in a major upcoming pre-emption case makes a single point about the meaning of federalism and how Congress must speak clearly if it seeks to pre-empt states from an area of regulation . . . Kenneth Starr and Erwin Chemerinsky . . . joined together for the amicus filing in Bruesewitz v. Wyeth, which asks whether federal vaccine law pre-empts certain design defect claims against vaccine manufacturers in state courts . . . Their brief argues that the robust role for states under the concept of federalism requires Congress to give evidence of a ‘clear and manifest pre-emptive purpose’ when it seeks to take over a field of regulation from states.”

EducationNews.org: “Today the Association of American Educators (AAE), the largest national non-union teachers’ association, released its annual member survey about key education issues. Survey results showed distinct differences in opinion with teacher labor unions, particularly with regard to teacher evaluations, tenure, accountability, and compensation.”

OneNewsNow: [The] Tenth U.S. Circuit Court of Appeals ruled in August those crosses represent governmental endorsement of religion. ADF attorney [Brett Harvey] tells OneNewsNow his firm has asked the full court to reconsider. ‘Our cemeteries are full of memorials that honor fallen first responders and those who [gave] their lives to protect our freedom, so it is difficult to imagine how the court came to this conclusion,’ he laments.”

NJ.com / The Independent Press: “The Millburn Free Public library trustees are considering making a change to one of the library’s policies after receiving a letter from an attorney representing the Alliance Defense Fund (ADF), a group that was formed to defend religious freedom . . . Swinson said the proposed new policy removes the word ‘religious’ but library officials will still retain the right to decide on a case by case basis who can rent the rooms out.”

SF Public Press: “The defendants, who failed to prove their case to Walker that Proposition 8 is both constitutional and in the interest of the state of California are now firing back at the judge . . . A three-judge panel of the appellate court is scheduled to take up the case starting on Dec. 6, and will determine if ProtectMarriage – the driving force that brought Proposition 8 to the ballot in 2008 and defended it via its Alliance Defense Fund – can qualify as a party which suffered personal harm as a result of the ruling.”

ADF Attorney Kevin Theriot writing at Speak Up Movement / Church: “I observe in an article recently published in the Baptist Press that ‘even though freedom of religion is wounded, it’s certainly not dead.’ In 1991, the Supreme Court made it much more difficult to defend churches and religious people with the Free Exercise Clause of the First Amendment. But as the article demonstrates, we at ADF have had some recent success in this area. That’s crucial because religious freedom is foundational to our political life. As George Washington said in his Farewell Address, ‘Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.’”

AP: “President Barack Obama got heckled at a fundraiser Wednesday night by protesters pushing for more funding for AIDS programs and quicker action to allow gays to serve openly in the military.”

LifeNews: “House Republican leaders plan to officially released the 21-page ‘Pledge to America’ on Thursday morning, but advance copies of the yet-to-be-approved document show it includes a call for a ban on all taxpayer funding of abortions and an aggressive strike against the ObamaCare law.”

AP: “An unusually large contingent of female Republican candidates with strong anti-abortion views is heating up debate on the issue and could change the political equation in the next Congress.”

AP: “The chief government negotiator in peace talks with Muslim rebels on Thursday welcomed a rebel leader’s statement that his group is no longer demanding independence from the Philippines and instead is seeking a status similar to a U.S. state.”

AP: “The U.N. chief is warning of growing political polarization and social inequalities in the world and urging greater tolerance and mutual respect.”

The Hill: “CNN has conducted polls in nine other Senate races this fall, and the Democratic candidate has never gotten double-digit support among Republicans in any of them. But 15 percent of Delaware Republicans are choosing Coons.”

The Independent: “A ‘financial memorandum’ formalising the relationship between the sovereign and ministers also sets out tough terms on how the Queen can spend the £38.2 m handed over by Parliament each year to pay for her staff and occupied palaces. The document, disclosed under the Freedom of Information Act, grants ministers the constitutional right to take over the direct management of the Queen’s public wealth in the event of a disagreement over how the subsidy is awarded or spent . . . ”

AP on Yahoo News: “French commuters squeezed onto limited trains or fought for rare parking spots Thursday as a second round of strikes against President Nicolas Sarkozy’s plan to raise the retirement age to 62 hobbled trains, planes and schools across the country . . . increasing the retirement age from 60 to 62 and pushing back the age from 65 to 67 for those who want full retirement benefits.”

Vatican Information Service: “The nature and aims of the transactions under investigation could have been clarified with great simplicity, being cash transactions the beneficiary of which is the Institute itself, on accounts it holds at other credit institutions. The current problem was caused by a misunderstanding (now being examined) between the IOR and the bank which received the transfer order.”