Daily Archives: November 8, 2010

Reuters: “Israeli authorities have charged the imam of a mosque in Nazareth with inciting violence against Pope Benedict and supporting al Qaeda and ‘global jihad,’ the justice ministry said Sunday.”

Reuters: “G20 leaders must address bottlenecks in the global supply of rare earth elements or risk blockages in economic growth and the fight against climate change, industry groups from around the world said on Monday.”

NPR: “In North Carolina on Monday, anti-abortion activist Flip Benham, who is charged with stalking and violating a new state law against residential picketing, goes to court.”

New York Times: “‘This is not a social thing,’ said Gen. James F. Amos, the Marines commandant. ‘This is combat effectiveness’ . . . General Amos said repeal of the policy could have unique consequences for the Marines. ‘There’s risk involved,’ he said. ‘I’m trying to determine how to measure that risk.’”

Embryonic Stem Cell-Based Therapeutics: Balancing Scientific Progress and Bioethics
Ronald Chester and Robert Sackstein, 20 Health Matrix 203 (2010)

“The breakneck speed of scientific developments in embryonic stem (ES) cell technologies is, commensurately, ushering forth new bioethical debate(s) regarding these cells. A framework of bioethical principles is presented here to guide biomedical scientists and others engaged in improving human welfare through the application of ES cell-based therapies.”

GMA News: “Even as the Catholic Church prepares for a dialogue with government on reproductive health, a senior archbishop admitted Sunday it may be on a head-on collision with parties seeking the passage of the reproductive health bill.”

LifeNews: “A new poll finds Canadians are moving away from supporting legalized assisted suicide and euthanasia. The Euthanasia Prevention Coalition has contracting an annual poll for several years to measure public opinion on the contentious practices, but the recent survey provides the group some good news.”

KTKA: “The Kansas Supreme Court has appointed Judge Richard D. Greene to chief judge of the Kansas Court of Appeals.”

ADF Weekly Update: School choice: a parent’s right under attack

LifeSiteNews: “A private members bill that would criminalize discrimination based on ‘gender identity’ and ‘gender expression’ sailed through a parliamentary committee this week with no amendments, leaving pro-family advocates deeply concerned that the bill will pass when it comes up for a vote perhaps as early as December.”

LifeSiteNews: “Joseph Lee, who serves as the development officer for the Society for the Protection of Unborn Children in Scotland, is the father of a four-year-old boy. But he almost lost his son just over four years ago, thanks to the fact that Britain’s abortion laws do not allow men to be taken into account in abortion decisions.”

LifeSiteNews: “Tuesday’s historic elections sent the message that more Americans want their lawmakers to consistently defend vulnerable human life and reject the president’s radical pro-abortion agenda, said the chamber’s most prominent pro-life leader.’

Bloomberg: “Republicans may increase their control of the U.S. House that will be installed in January by picking up seats among nine Democratic-held districts where the outcome remains in doubt.”

Human Rights Campaign Press Release: “Today the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, launched an aggressive grassroots campaign to urge Senate action on ‘Don’t Ask, Don’t Tell’ repeal in the upcoming post-election session. Field organizers on the ground are focusing on eight key states to amplify the voices of veterans and other fair-minded Americans who know the time is right to repeal this law and strengthen our national security.”

Telegraph: “George W Bush’s opposition to abortion was cemented after his mother Barbara showed him a dead foetus in a jar after she had suffered a miscarriage, the former president has disclosed in an interview.”

UPI: “Robert ‘Michelle’ Kosilek, 61, is living and dressing as a woman at the all-male MCI-Norfolk state prison . . . Kosilek is suing the Department of Correction to have taxpayers pay for electrolysis and a sex-change operation, the newspaper said.”

Lindsey Burke writing at The Heritage Foundation: “Congress will soon consider spending $10 billion to prevent layoffs in the public education sector.This money comes in addition to the $80 billion awarded to the U.S. Department of Education (DOE) for K-12 education as a result of the stimulus bill.”

CNN: “For these colleges, which have historically defied boundaries and challenged the status quo, a new test of tolerance has surfaced: How are they handling gender identity? Defining gender on same-sex campuses has become murky as some students say they fall outside the conventional male-female gender binary.”

The Vanguard: “The initial phase for making a change to USA’s Policy of Non-Discrimination is underway. Currently, the Non-Discrimination Policy does not offer protection for students or faculty from discrimination based on sexual orientation or gender identification. This week, the Student Government Association (SGA) will discuss a resolution to add a sexual orientation and gender identification clause to the Policy.”

The Bismarck Tribune: “Fargo authorities are investigating whether a doctor with an expired medical license performed abortions at North Dakota’s only abortion clinic.”

Tulsa World: “A federal judge on Monday issued an order temporarily blocking certification of the election results for a state question banning the use of Shariah law.” Article includes video.

San Francisco Chronicle (AP): “With one in every eight workers unemployed and empty state coffers, California is borrowing billions of dollars from the federal government to pay unemployment insurance.”

The Oklahoman (RNS): “Pope Benedict XVI denounced abortion, same-sex marriage and the absence of religion in public life during a weekend (Nov. 6-7) visit to Spain, a country he called the ‘focal point’ of tensions between faith and secularism in Europe.”

ABC: “The retreat called ‘Journey to Manhood’ offers therapeutic peer counseling over 48 hours to help men like Preston, who voluntarily come to learn how to deal with what they call ‘same-sex attractions.’ For the first time ever, the retreat allowed cameras inside their controversial organization and ABC News was granted exclusive access.”

Investor’s Business Daily: “That proof is in the form of a new book being released on Nov. 2 by Doubleday. In ‘Beyond a House Divided: The Moral Consensus Ignored by Washington, Wall Street and the Media,’ the leader of the Knights of Columbus, Carl Anderson, shows how recent polling conclusively reveals that the culture wars are being won by those with traditional values. ”

Liberty Counsel: “Today Liberty Counsel is launching its eighth annual ‘Friend or Foe Christmas Campaign,’ pledging to be a ‘Friend’ to those who recognize Christmas and a ‘Foe’ to those who censor it.”

London Telegraph: “A homosexual sperm donor who fathered two babies by a lesbian after placing an advert in a magazine is now engaged in a legal dispute over access to the children.”

“The justices on Monday turned down an appeal from Lisa Miller, the biological mother of an 8-year-old girl.”

Brisbane Times: “Queensland Premier and ALP national president Anna Bligh has backed the right of same-sex couples to marry. Her stance puts her at odds with Prime Minister Julia Gillard and comes as federal parliamentarians from Labor’s Left faction push for more progressive policies.”

Sydney Morning Herald: “Prime Minister Julia Gillard remains opposed to gay unions, putting her at odds with right-wing Labor powerbroker Mark Arbib.”

Associated Press: “Fighting between ethnic rebels and Myanmar government troops has sent at least 10,000 refugees fleeing into Thailand just after a widely criticized election expected to usher in a parliament sympathetic to the military regime.”

Joanna L. Grossman writing at FindLaw: “On November 10, the U.S. Supreme Court will hear oral argument in United States v. Flores-Villar, a case that considers the citizenship rights of children born to U.S.-citizen fathers and non-U.S.-citizen mothers.

Hurriyet Daily News: “One of Turkey’s largest Alevi organizations staged a sit-down strike Saturday in Istanbul’s Kadıköy Square to demand an end to mandatory religious classes, arguing that the lessons are tools of assimilation.”

Sify.com: “The Rashtriya Swayamsevak Sangh (RSS) will ask the Bharatiya Janata Party (BJP) headed Jharkhand government for a law to ban religious conversions in the state, a leader said Sunday.”

Cory Bernardi, South Australian Liberal senator, writing at Australian Conservative: “Sharia finance would . . . give rise to a compliance body that would determine if the source of funds, transaction and terms comply with Islamic law. This is effectively an Islamic court that would operate alongside our existing legal system . . . The fact that there is an apparent inability to raise these legitimate concerns in public without being attacked by the PC police suggests there is another issue we should be concerned about – freedom of speech.”

Haaretz: “The Supreme Court yesterday sanctioned the construction of three apartment buildings for Jews only that are slated to go up in the Jaffa neighborhood of Ajami, even as it implied that such a project could constitute improper discrimination.”

utalkmarketing.com: “While addressing the audience of around 400 during one of the anticipated panels, Halal: Challenges and Opportunities in North America, I specifically addressed the opportunity that the online space represents for brands that are actively vying for the attention of Halal consumers. While it is true that Muslim lifestyle media in the U.S. is still in its developmental stage, it is maturing, expanding, and growing very quickly – both in the quality of content and its specific and credible applications for Muslim consumers and also in the quantity of media outlets (especially online).”

Canada Free Press: “As if the United Nations’ failure to address the persecution of Christians weren’t bad enough, that international body’s resolution called ‘Defamation of Religions’ will lay the legal ground work for a country to legalize persecution of their citizens if they believe in a different religion than the state. Such a resolution would be of great assistance to Muslim, communist and socialist nations who view the teachings of Jesus Christ and the Holy Bible impediments to their political or theological goals.”

Bay Windows: “The regional court in Arkhangelsk, Russia, ordered local authorities to register the LGBT organization Rakurs (Perspective) on Nov. 1.”

CNN: “Three of the largest Sikh advocacy groups in the United States are opposing airport passenger screening measures they say require hand-searches of turbans, despite the use of electronic imaging technology.”

“The Supreme Court said parts of Greenville’s ordinance are ‘unconstitutionally vague because the words “humiliate,” “insult,” and “scare” are not sufficiently definite to give reasonable notice of the prohibited conduct.’”

Gallup: “American faith communities are split on the best way to resolve the disagreement regarding the Islamic center proposed to be built in New York City near the location of the Sept. 11 attacks.”

Washington Examiner Editorial: “[A]n internal e-mail from a Reid campaign operative to a Harrah’s executive strongly suggests the Reid ground game depended at least in part on breaking the law . . . ”

Richard Epstein writing at Forbes: “A responsible theory of statutory interpretation . . . presupposes that language can be made clear enough to allow for its consistent interpretation and application over time . . . Untangling complex statutes is thus a perilous business. . . I think that the ordinary meaning of the statute ought to control in light of the context in which particular words and phrases are used . . . Breyer’s main point is that notions of political accountability ought to be added into the interpretive mix, so as to allow courts to maintain a cooperative working relationship with Congress.”

Associated Press: “The FBI says it has found 69 child prostitutes across the country during a crackdown on the sexual exploitation of children over the last three days.”

Associated Press: “Five Church of England bishops announced Monday they are converting to Catholicism following an invitation to disaffected Anglicans from Pope Benedict XVI – the highest-profile defectors among conservatives opposed to gay bishops and female clergy.”

Associated Press: “Shares in Ireland’s banks fell to record lows Monday and borrowing costs were near euro-era highs as the government prepared to discuss its fiscal survival plans with top European Union officials.”

Associated Press: “And while a win would return her to Washington, to the colleagues and party leaders who turned their backs on her after her humiliating primary loss to the Sarah Palin-backed Miller, it also raises questions about how she would legislate.”

Associated Press: “Defense Secretary Robert Gates is encouraging Congress to act before year’s end to repeal the ban on gays serving openly in the military. It’s a position shared by his boss, the president.”

Lisa McElroy writing at SCOTUSblog: “In Arizona Christian School Tuition Organization v. Winn, a group of taxpayers brought suit challenging an Arizona policy that allows those who donate money to school tuition organizations – which, according to the taxpayers, mostly sponsor scholarships to religious schools – to receive tax credits for their donations . . . The Court considered religion in another case this week: Sossamon v. Texas, in which an inmate in a Texas state prison alleged that various prison policies violated his right to freely exercise his religion.”

Via Religion Clause, a response from President Obama to a question on his “opinion about jihad” [full text]: ‘Well, the phrase jihad has a lot of meanings within Islam and is subject to a lot of different interpretations. But I will say that, first, Islam is one of the world’s great religions . . . I think all of us recognize that this great religion in the hands of a few extremists has been distorted to justify violence towards innocent people that is never justified.’”

ADF attorney Casey Mattox on the Zeb Bell Show to discuss this: Cloud over free speech in Sunshine State: College bans literature distribution. | MP3 Audio 15:50 mins

“Seventy-two percent of black babies are born to unmarried mothers today, according to government statistics . . . ”

Associated Press: “The Supreme Court has turned down the first preliminary challenge to President Barack Obama’s health care overhaul.”

CNN Belief Blog: “As more states consider whether or not to legalize gay marriage, church leaders have been forced to examine their theological position on homosexuality. They find themselves asking the question about gays and lesbians: What would Jesus do?” Post includes video.

Washington Times Editorial: “[O]pponents of homosexual marriage were joined by political moderates and even supporters of homosexual marriage who understand there is a more fundamental issue at stake than who can marry whom. For those voters, the uncharacteristic ousters appear to have been driven by a distaste for judges who attempt to rewrite the law.”

Newsmax (AP): “Hawaii voters have opened the way for same-sex civil unions to become state law next year, with an election that gave victory to a pro-gay rights gubernatorial candidate and rejected many church-backed candidates.”

The Independent: “‘What,’ asks the teacher, ‘have Sir Elton John, Alexander the Great, William Shakespeare and Clare Balding got in common?’ . . . After some discussion, the answer arrives: they are all gay, lesbian or bisexual . . . The programme at the 1,350-pupil Stoke Newington School is proving so successful that it is quickly being snapped up by other schools.”

The Hill: “Senate Republican Leader Mitch McConnell (Ky.) says he is looking for ways to de-fund the implementation of the sweeping healthcare reform Congress passed earlier this year.”

WLS-AM 890: “The session begins Nov. 15. But state officials say the paperwork officially declaring Kirk the winner of the Senate race won’t be delivered until Nov. 29.”

Reuters: “U.S. President Barack Obama defended the Federal Reserve’s policy of printing dollars on Monday after China and Russia stepped up criticism ahead of this week’s Group of 20 meeting.”

ADF Attorney Joel Oster writing at Speak Up Movement / Church: “We at ADF are not satisfied with this conclusion. We are pleased that HUD had the senses to stop their investigation. But our client should not have to live on pins and needles over the next 2 years wondering if she will be hauled into court for seeking a female Christian roommate. Consequently, we are considering all of her legal options to set the record straight.”

OneNewsNow: “‘We think that it is ridiculous to interpret this statute in such a way as to keep someone from seeking a Christian roommate,’ [ADF Attorney Joel Oster] remarks. ‘But what the feds said in this letter is that if the allegations in the complaint are true, then it would amount to a violation of the Fair Housing Act.’ And that his client could be sued within the next two years, he adds.”

The New American: “Another child was saved in Texas when pro-life volunteers witnessed a 16-year-old girl being coerced by her parents into having an abortion . . . ‘The right not to have an abortion is protected by law, and this right isn’t relinquished just because someone else considers the child to be an unwanted burden,’ ADF Legal Counsel [Matt Bowman] told the Catholic News Agency.”

Christian Law Journal: “A federal court has ruled that a Michigan elementary school student can hand out invitations to attend a Christian summer camp to fellow classmates . . . [David Cortman], Alliance Defense Fund Senior Counsel, agreed with the ruling stating: ‘Christians shouldn’t be discriminated against and silenced because of their beliefs.’”

Huffington Post (RNS): “A Michigan woman did not violate fair housing law when she posted a flier at her church seeking a ‘Christian roommate,’ federal officials have ruled . . . The woman, who has not been identified, was represented by the Alliance Defense Fund, a Christian legal group in Scottsdale, Ariz., which sent a letter to the Michigan Department of Civil Rights asking for dismissal.”

Winston-Salem Journal: “‘This approach should be a reasonable compromise that respects the rights of the citizens of King to honor those who paid the ultimate price to secure our freedoms,’ said [Joe Infranco], a senior legal counsel for the Alliance Defense Fund Inc. of Scottsdale, Ariz.”

Evangelical Examiner: “According to ADF Senior Legal Counsel [Joel Oster], ‘There is real concern when a special interest group like this center has a financial incentive from the city to file various complaints. This complaint should have never been brought. It is borderline frivolous to suggest that a single lady can be fined by the government simply for seeking a Christian female roommate to share her 900-square-foot house.’”

Angry parents and religious critics, while agreeing that schoolyard harassment should be stopped, charge that liberals and gay rights groups are using the antibullying banner to pursue a hidden “homosexual agenda,” implicitly endorsing, for example, same-sex marriage.

“There’s no way in the world we can deal with our budgetary problems if we aren’t willing to . . . cut the warfare state and welfare state and live within our means.”

Financial Times [full text via Google News] “Leading economies should consider readopting a modified global gold standard to guide currency movements, argues the president of the World Bank. Writing in the Financial Times, Robert Zoellick, the bank’s president since 2007, says a successor is needed to what he calls the ‘Bretton Woods II’ system of floating currencies that has held since the Bretton Woods fixed exchange rate regime broke down in 1971.”

Understanding Fetal Pain: How Changed Circumstances Demand a Legal Response
Jennifer M. Miller, 40 Cumb. L. Rev. 463 (2010)

“The purpose of this Note is to explore the ramifications of fetal sentience in contrast to a woman’s right to a partial-birth abortion after twenty weeks of gestation. While the medical community continues to debate the exact point at which a fetus begins to feel pain, evidence available on fetal pain is sufficient to allow a presumption to emerge. I postulate societal changes over the past thirty years, since Roe v. Wade was decided, have imposed a duty on a woman to abort the unwanted fetus earlier, rather than later. Those women who sleep on their rights, prior to the point the fetus begins to feel pain, lose their rights upon emergence of neurological development in the fetus. Once a fetus has neurologically developed to the point it is functioning, the fetus can feel pain. To perform a partial-birth abortion at a stage of complete neurological development would constitute cruelty to the fetus. Part I discusses a modern feminist approach to the subject. Part II illustrates the partial-birth abortion procedure. Part III focuses on fetal sentience and the debate over how a fetus ‘feels’ pain. Part IV addresses current medical advances and the issues presented by premature babies and fetal surgeries. Part V examines the moral dilemma presented to the medical and legal community. Part VI answers common inquiries in the ongoing debate. This Note considers the debate from a philosophical standpoint and considers a ‘third wave’ feminist perspective.”

Jeremy Waldron, Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech (October 29, 2010). Available at SSRN: http://ssrn.com/abstract=1699895

“There is a considerable literature on the issue of hate speech. And there is a considerable literature on religious toleration (both contemporary and historic). But the two have not been brought into relation with one another. In this paper, I consider how the argument for religious toleration extends beyond a requirement of non-persection and non-establishment. I consider its application to the question of religious vituperation. The focus of the paper is on 17th and 18th century theories. Locke, Bayle and other Enlightenment thinkers imagined a tolerant society as a society free of hate speech: the kind of religious peace that they envisaged was a matter of civility not just non-persecution. The paper also considers the costs of placing limits (legal or social limits) on religious hate-speech: does this interfere with the forceful expression of religious antipathy which (for some people) the acceptance of their creed requires?”

Edward Peter Stringham and Todd J. Zywicki, Rivalry and Superior Dispatch: An Analysis of Competing Courts in Medieval and Early Modern England (November 5, 2010). George Mason Law & Economics Research Paper No. 10-57. Available at SSRN: http://ssrn.com/abstract=1703598

“In most areas, economists look to competition to align incentives, but not so with courts. Many believe that competition enables plaintiff forum shopping, but Adam Smith praised rivalry among courts. This article describes the courts when the common law developed. In many areas of law, courts were monopolized and imposed decisions on unwilling participants. In other areas, however, large degrees of competition and consent were present. In many areas, local, hundred, manorial, county, ecclesiastical, law merchant, chancery, and common law courts competed for customers. When parties had a choice, courts needed to provide a forum that was ex ante value maximizing.”

“A Federal Reserve official with close ties to Chairman Ben Bernanke expressed doubts Monday about whether the Fed’s new $600 billion bond-purchase program would succeed in boosting the economy.”