Daily Archives: November 17, 2010

National Catholic Register: “Saying ‘today is like 1970 for marriage,’ Archbishop Joseph E. Kurtz of Louisville, Ky., urged his fellow bishops Nov. 15 to look at the challenges to traditional marriage as if they could see Roe v. Wade on the horizon.”

“The 9th Circuit on Wednesday refused to consider a Christian student group’s claim that a public law school selectively enforces its nondiscrimination policy, saying the group ‘simply failed to raise this issue the first time around.’”

Pat Buckley / European Life Network: “The Committee on Economic, Social and Cultural Rights (CESCR) during its 45th session (1 – 19 November 2010), held a Day of General Discussion (DGD) on the right to sexual and reproductive health in accordance with articles 12 and 10 (2) of the Covenant. according to the website the day was arranged in order to provide an opportunity to exchange views and to garner insights from practitioners and academic experts. The day of discussion was arranged as a series of four panel debates with minimal general debate.”

Cardinal Newman Society: “According to The Hoya, Jesuit Georgetown University’s student newspaper, officials at the University have said they are willing to broach the topic of ‘gender-blind housing,’ which would ‘not take into account gender when assigning housing to students.’”

EarnedMedia: “The controversy centers around three films, ‘That’s a Family,’ ‘Let’s Get Real,’ and ‘Straightlaced,’ that promote the idea that gay relationships are just as normal as any other family structure. The films are being mandated as part of a legal settlement between the ACLU and VCUSD. A parent questioned the District’s refusal to allow objecting families to opt out of the instruction, which has been mandated for all students in the District – including first-graders. The Vallejo City Unified School District governing board will hear from the community and discuss the issue Wednesday night beginning at 5 p.m.”

Union Leader: “The articles in the issue are based on findings from the Fragile Families and Child Wellbeing Study, which has followed 5,000 children and their urban, primarily minority parents since the kids were born in the late 1990s. The study constitutes the most extensive, long-term database on the family lives of the urban poor we’ve ever had, and the dismal picture that it paints of low-income, unmarried couples and their children has nothing to do with the Great Recession.”

PRNewswire: “U.S. Border Control and U.S. Border Control Foundation filed an Amicus Curiae brief in the United States District Court for the Western Division of Oklahoma in opposition to the Plaintiff’s motion for a temporary restraining order (TRO) to stop certification of a constitutional amendment, State Question 755.”

AolNews.: “Ultra-right activists waved Greek flags and pelted Muslims with raw eggs as they gathered today in central Athens to pray during the Eid al-Adha festival.”

Minnesota Independent: “After years as a low-profile issue at the Minnesota Legislature, same-sex marriage is likely to become a source of controversy next session . . .  Republican leadership has been mum on the prospect so far, and despite long odds, LGBT advocates hope to advance a few key provisions of their own in 2011.”

Blog of LegalTimes: “Thursday marks the beginning of the annual national convention of the Federalist Society, which every November offers its members the chance to debate ideas, see old friends and network with new contacts. This year’s meeting has the advantage of coming barely two weeks after the Republicans’ victories in the midterm elections.”

Blog of LegalTimes: “University of Virginia professor emeritus Daniel Meador yesterday sent a letter to Senate Judiciary Committee chairman Patrick Leahy, (D-Vt.) asserting that ‘In some important respects, the current membership is the least diverse in the Court’s history, a situation that is unhealthy for the governance of the country, both politically and jurisprudentially.’”

“Sen. Sheldon Whitehouse (D-R.I.) said today that Democrats could move soon to end debate on the nominees. He said that Majority Leader Harry Reid (D-Nev.) was lining up support this morning for what’s known as a cloture petition — the necessary paperwork before holding a vote to end debate.”

Washington Examiner: “Migration from high-tax states to states with lower taxes and less government spending will dramatically alter the composition of future Congresses, according to a study by Americans for Tax Reform.”

“These staffers tell me they’ve received private indications from a handful of moderate GOP Senators that they could vote for cloture on a Defense Authorization Bill with DADT repeal in it — if Dem leaders agree to hold a sustained debate on the bill on the Senate floor.”

The Hill: “Sen. Lisa Murkowski (R-Alaska) became the first senator in more than 50 years to win a write-in victory. The Associated Press called the race on Wednesday, almost two whole weeks after voters headed to the polls.”

Toronto Sun: “The fight between two Calgary gay ex-lovers over custody of their daughter could advance same-sex parenthood rights in Alberta, says one of the litigants. The man says Court of Queen’s Bench is expected to rule Dec. 8 on whether the province will be paying his past and future legal fees in a four-year battle that could fill a void in Alberta’s Family Law Act that fails to legally define gay men as fathers.”

KSPR: “A graduation gift came early for a Marion High School senior. Sarah Lloyd will be able to wear a tuxedo for her picture in the school yearbook. The Crittenden County School Board voted Tuesday night to allow the teen to wear the formal outfit.”

Ottawa Citizen: “The Ottawa-Carleton District School Board is delaying a controversial survey that would ask students to identify their sexual orientation, religion, and whether they have family problems. The delay is in response to a request made by Ontario’s Office of the Information and Privacy Commissioner.”

Related:

Canada: Ottawa-Carleton District School Board to ask students about sexual orientation

Peter Lawler writing at First Things / Postmodern Conservative: “Marriage has become, we can say, individualized or Lockeanized enough that homosexuals can reasonably wonder why they are being excluded . . . What’s new is the rights-based tendency to stigmatize those opposed to same-sex marriage as unjust, as deniers of the self-evident truths that bind us all together . . . Our Court now affirms what might be called Locke’s ‘nominalism.’ Words are weapons to be used to maximize individual liberty.”

NPR: “The 72-year-old justice said in a speech at Vanderbilt Law School on Tuesday that he was perplexed when he recently saw the film ‘The Social Network’ about the origins of Facebook. But Breyer said the film illustrates his argument that modern conditions — like the development of the social-networking site — should inform justices when interpreting a Constitution written in the 18th century.”

The Christian Institute: “School children are being encouraged to watch a series of ‘graphic’ videos depicting casual sex, under a new NHS scheme to promote condom use. The NHS uploaded the interactive clips to the video sharing website, YouTube. But the clips are likely to heighten concerns about the increasingly explicit nature of youngsters’ sex education.”

Telegraph: “Norfolk’s fire service said it had taken the decision because some staff felt excluded in previous years by the Christian references during Remembrance Day . . . ‘With this in mind we have decided that this year our commemoration will not be linked to any specific faith or belief but will still offer people the chance to remember together. I hope and believe this will make our Remembrance as inclusive as possible.’”

The Christian Institute: “Stem cell research that destroys human embryos is getting disproportionate funding because its controversial nature stirs up media hype, a scientist has warned. Dr Colin McGuckin says funding for the ethical alternative – adult stem cell research – is being hampered by a lack of publicity.”

Washington Post: “A doctor testifying on behalf of ‘Octomom’ Nadya Suleman’s fertility doctor repeatedly defended the in vitro treatments she received, saying it was appropriate considering her impaired fertility and desire for a very large family.”

Sydney Star Observer: “The Surrogacy Bill 2010 has been welcomed for giving certainty to parents entering altruistic surrogacy arrangements, but blasted for punishing those who enter into commercial arrangements with up to two years jail or a fine of $110,000 or both.”

National Post: “Canada’s controversial fertility agency is headed by a president who intimidates the board members overseeing her work, makes disparaging remarks about fertility patients and seems eager to undermine the very law she is supposed to enforce, a parliamentary committee heard on Tuesday . . . Meanwhile, evidence is readily available that many people are trading in embryos, eggs, sperm and surrogacy motherhood services. Fertility treatment is giving rise to other pressing issues, too, such as the boom in risky multiple pregnancies.”

Jordan Ballor writing at The Acton Institute: “What is shared in what we might call the “legalistic impulse” of much of both conservative and progressive political Christianity is the priority of the role of the government in determining the course of our social life. Both versions of political Christianity, to one extent or another, subsume the Church under the State as a kind of activist lobby (albeit of a special religious character). In this brand of legalism, fidelity to the Christian faith is defined in political terms.”

Devils Lake Journal: “An official with Saudi Arabia’s communications authority says it has blocked Facebook because the popular social networking website doesn’t conform with the kingdom’s conservative values.”

Swiss Info: “The row over the local minaret has not gone away. It had already received planning permission from the town before the vote was held, and that was confirmed by the cantonal authorities in September 2010. Opponents have now taken their case to the cantonal administrative court, which is expected to rule in 2011.”

Washington Post: “Secretary of State Hillary Rodham Clinton says the Obama administration is firmly opposed to attempts to ban statements that defame religion, arguing that attempts to impose them by mainly Islamic countries harm free speech.”

ADF Attorney David French writing at Speak Up Movement / University: “The longer I live, and the more time I spend in the Christian conservative movement, the more keenly I’m aware of the extent to which divorce is devastating the Body of Christ. It’s destroying children’s lives, destroying their parents, and destroying our cultural witness . . . How can we tell any population of Americans — whether inclined to homosexual behavior or even polygamy — that marriage is the earthly model of Christ’s relationship to his church if we treat it as an instrument of our own happiness?”

CNN Political Ticker: “Outgoing House Speaker Nancy Pelosi has been elected by her colleagues to be the next minority leader, fending off a challenge from Rep. Heath Shuler. The vote was 150-43.”

Secretary Clinton: “Good afternoon. It’s my pleasure to join you today for the release of the State Department’s Annual Report on International Religious Freedom. Every year, the State Department prepares a comprehensive review of the status of religious freedom in countries and territories around the world. We do this because we believe that religious freedom is both a fundamental human right and an essential element to any stable, peaceful, thriving society.” Video available at link.

2010 Report on International Religious Freedom

U.S. Department of State: “Secretary of State Hillary Rodham Clinton will release the 2010 Annual Report on International Religious Freedom on Wednesday, November 17, at 1:20 p.m. in the Press Briefing Room at the U.S. Department of State.”

Center for Reproductive Rights: “Even though IVF has helped countless couples around the world have children they desperately want, Costa Rica has outlawed it since 2000. The Center filed an friend-of-the-court brief supporting a lawsuit against the absolute ban before the IACHR in 2004. In August the Commission issued a preliminary decision that found the ban to be a violation of basic human rights.”

“Clarifies the principle that organizations engaging in explicitly religious activity must perform these activities outside of and separately in time and location from programs supported with Federal financial assistance, and that participation in any explicit religious activity must be voluntary”

“[D]espite the Left’s ‘myth of the myth’ of the clash of civilisations, the simple fact is that almost nowhere in the Islamic world are Christians free in the same way Muslims are free in Europe.”

Seattle Post-Intelligencer: “The scope of Attorney General Rob McKenna’s power to independently sue – or to refuse to sue – is at the heart of two lawsuits before the state Supreme Court this week.”

Boston.com (AP): “Gov. John Lynch plans to nominate Superior Court Chief Justice Robert Lynn to the New Hampshire Supreme Court and Supreme Court Justice Linda Dalianis to serve as chief justice.”

LifeNews: “The abortion business near Seattle that did a secret abortion on a teenager years ago has closed. The Cedar Women’s Clinic, which was the first abortion center to open in the city 31 years ago, closed Monday.”

Standard Journal: “It’s a stretch to say that a brief prayer heard before each Pocatello City Council meeting violates the constitutional separation between church and state, as some nonbelievers contend. All the deliberations and decisions by the council are secular, not religious.”

Institution Religious Freedom Alliance: “On Nov. 18th the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Committee on the Judiciary will hold a hearing on ‘Faith-Based Initiatives: Recommendations of the President’s Advisory Council on Faith-Based and Community Partnerships and Other Current Issues.’ The hearing begins at 10:30 am Eastern. Live video should be available at the committee website.”

Alexander Tsesis, Burning Crosses on Campus: University Hate Speech Codes (November 5, 2009). Connecticut Law Review, Vol. 43, No. 2, December 2010. Available at SSRN: http://ssrn.com/abstract=1467970

“Debates about the value and constitutionality of hate speech regulations on college campuses have deeply divided academics for over a decade. The Supreme Court’s recent decision in Virginia v. Black, recognizing a state’s power to criminalize intentionally intimidating cross burning, at long last provides the key to resolving this heated dispute. The opponents of hate speech codes argue that such regulation guts our concept of free speech. One prominent scholar claims that this censorship would nullify the First Amendment and have “totalitarian implications.” Another constitutional expert, Erwin Chemerinsky, asserts that the “public university simply cannot prohibit the expression of hate, including anti-Semitism, without running afoul of [established First Amendment principles].”

On the other end of the spectrum, are authors who argue that hate speech attacks individuals’ Fourteenth Amendment right to equality, which outweighs any cathartic desire to degrade people because of their race, ethnicity, sexual orientation, and religion. This line of thinking, recognizes the fundamental right to free speech but argues that it can be restrained when used to intrude on others’ dignity rights. The advocates of campus hate speech codes claim that a college’s mission to further intellectual freedom is not undermined by restricting intimidating speech on campus; consequently, some scholars argue that curbing racist and xenophobic speech would not undermine the core purpose of higher education, the acquisition of truth.

Both factions have relied on the Supreme Court’s First Amendment precedents to bolster their separate claims. Opponents of university hate speech regulations have often based their arguments with R.A.V. v. St. Paul, in which the majority found a municipal ordinance against cross burning to be unconstitutional. Following the rationale of that case, libertarians and several lower federal courts have asserted that university administrators lack the authority to prevent the spread of vitriol, no matter how racist, xenophobic, or sexist. Eleven years later, in a quiet coup, the Court upheld a more rigorously drafted cross burning statute than the one struck down in R.A.V. The later decision, Virginia v. Black, defined the scope of legitimate limitations on destructive messages.

This article adds a fresh perspective to this decades-old academic tempest of intellectual disagreement about First Amendment theory. It first discusses the current problem of hate speech on college campuses. It then turns to a survey of United States First Amendment jurisprudence that is relevant to the regulation of hate speech on campus. Then it provides a comparative analysis of International and European regulations of hate speech. The section compares and contrasts international approaches to that of the United States. In the final portion of the article, I analyze the narrow and broad implications of the Supreme Court’s rational in Virginia v. Black to develop two forms of college hate speech regulations that are likely to withstand First Amendment challenges.”

EU Observer: “A split in the Polish Law and Justice party, the British Conservative Party’s main ally in the European Parliament, risks further diminishing London’s influence in Brussels and causing fresh embarrassment over issues such as homophobia and anti-Semitism.”

Sydney Morning Herald: “A vote on whether politicians should canvass their electorates on gay marriage is expected in the federal parliament on Thursday.”

ABC 7: “Officials are allowing a Falcon High School student to wear a ‘Marriage Is So Gay’ T-shirt after the American Civil Liberties Union called a principal’s ban censorship.”

LifeSiteNews: “The Appellate Division of the Alameda Superior Court has dismissed all criminal charges against Oakland pro-life witness Pastor Walter Hoye. Hoye was arrested in May of 2008, charged, found guilty and imprisoned for peacefully counseling and picketing at a local abortion clinic.”

Reuters: “Arab and African nations succeeded on Tuesday in getting a U.N. General Assembly panel to delete from a resolution condemning unjustified executions a specific reference to killings due to sexual orientation.”

The Hill: “House Democrats soundly rejected a proposal to delay caucus leadership elections until December, paving the way for a vote Wednesday to keep Nancy Pelosi (D-Calif.) as the Democratic leader.”

Balkan Insight: “According to Pink Embassy the armed forces should begin a process of educating their members on their rights related to sexual orientation by introducing materials in the training of the military that could help fight prejudice against gays and lesbians.”

The Christian Century: “Gay and lesbian Lutheran ministers in the conservative German state of Bavaria may live with their partners in parish parsonages, but only if they enter into a state-sanctioned civil union.”

El Paso Times: “An effort by some City Council members to reverse the outcome of a Nov. 2 citizen referendum failed today in an initial vote. The matter, though, may not be settled.”

Marci A. Hamilton writing at Patheos: “We face high unemployment, gigantic government overruns, and serious needs among citizens for meaningful and strong social services. If the federal government is going to subsidize social services, it has the obligation to demand the highest quality. And anyone working with those funds should have to be chosen based on credentials and experience, not religious identity. Any argument for a ‘bye’ just because a group is religious is just bad public policy.”

Joseph Knippenberg responds at First Things / First Thoughts: “There are at least four issues here that require more nuance than Professor Hamilton . . . provides. First, the conflict isn’t always between religious affiliation and professional credentials. Most faith-based social service organizations require some credential other than or in addition to faithful adherence to the organization’s mission.”

How Obamacare Burdens Already Strained State Budgets
Lanhee Chen, Ph.D.

“A growing number of state budgets are in danger of collapsing under multibillion-dollar deficits—and are about to be burdened with billions more in costs imposed by the new Patient Protection and Affordable Care Act (PPACA). Huge numbers of additional Medicaid enrollees and associated administrative costs will force states to raise taxes, go into even deeper debt, or most likely, to cut spending in crucial areas like public safety or education. While PPACA’s costliest provisions do not go into effect until 2014, state policymakers have no time to lose. They must use this three-year window to lay the groundwork for sound policies that will protect taxpayers, control health care costs, and expand choices for consumers. This Heritage Foundation Backgrounder details just what is at stake, and why state policymakers must act now.”

ABC: “ABC News’ Sunlen Miller and Devin Dwyer report: President Obama today joined top Congressional Democrats in urging Congress to pass a small piece of immigration legislation known as the DREAM Act before it adjourns for the year. The measure would give hundreds of thousands of young, undocumented immigrants a conditional path to legal residency.” | Mickey Kaus comments here.

Forbes (AP): “The Transportation Security Administration says airline passengers won’t get out of body imaging screening or pat-downs based on their religious beliefs.”

Christian Concern: “Employment Judge MacMillan held that there was no discrimination on the grounds of religion as Dr Matthews’ belief in the dangers of placing vulnerable children with same sex couples was based on scientific evidence which happened to dovetail with her Christian beliefs . . . MacMillan said Dr Matthews was not discriminated against because anyone who held the same views on homosexual parenting, of whatever religion or none, would have been treated in the same way.” | More from Religion Clause.

See this earlier related post: TSA porno scanners not making sense? Follow the money http://www.youtube.com/watch?v=xH-dpkJZiOM

United States Commission on International Religious Freedom: “Russia faces legitimate, serious threats from groups which advocate or perpetrate violence in the name of religion. This is a major security concern, not just in Russia, but in other nations. There is a problem, however, with Russia’s approach to the challenge.” | Via Religion Clause.

Barry P. McDonald writing in the Los Angeles Times: “In [invalidating video-game restrictions . . . courts have applied — as they must — a completely unsatisfying set of 1st Amendment rules that the modern Supreme Court has developed. The rules make it almost impossible for state and local governments to address legitimate harms posed by certain types of expression . . . ”

Associated Press: “Iraq’s president said Wednesday he won’t sign off on a death penalty sentence against one of Saddam Hussein’s closest confidantes, Tariq Aziz, setting the stage for a possible battle over the fate of the man known as the international face of the dictator’s regime.”

Associated Press: “A shootout inside a mosque in southwestern Pakistan wounded 18 people Wednesday in a dispute over who should lead prayers for one of Islam’s most important holidays, police said.”

Associated Press: “A congressional advisory panel is recommending that lawmakers prod the Obama administration into tougher action against what it calls China’s policy of keeping its currency undervalued.”

Associated Press: “A prominent Egyptian blogger jailed for four years for writings deemed insulting to Islam and for calling President Hosni Mubarak ‘a symbol of tyranny’ has been released, his brother said Wednesday.”

ADF Attorney David Cortman appeared on the Mike Gallagher Show to discuss: 1st Circuit turns away attack on Pledge of Allegiance | MP3 audio runs 8:01 mins

Congratulations to allied attorneys Jim Beck, Stephen Casey, Greg Terra, Fintan Dooley, Trenton Garmon, Samuel Harms, Michael Norton, Michael Phillips, Richard Ranieri, and Robert Michael Schmidt for their recent accomplishments and successes listed below. Please take time to congratulate them!

ADF attorney Erik Stanley appeared on the Hugh Hewitt Show. They discuss the importance of courtroom battles and this: No more Mt. ‘Hushmore’: Free speech preserved at national parks. | The MP3 runs 7:29 mins

Associated Press: “Pope Benedict XVI on Wednesday urged the release of a Christian woman in Pakistan facing the death sentence on a charge of blasphemy.”

Seth Lipsky writing in the Wall Street Journal [full text via Google News]: “One of the most exciting features of the new Congress is the prospect that the chairmanship of a House subcommittee that oversees the Federal Reserve will go to Ron Paul. Final assignments are still being worked out, and the leadership may yet shy away from giving the position to a congressman who doesn’t believe the Fed should exist. But Dr. Paul, an obstetrician, has been the ranking Republican of the Domestic Monetary Policy and Technology subcommittee, and tradition suggests he will be the next chairman.”

Alliance Defense Fund: “To help get the word out [for the 52nd Annual Santa Barbara Community Prayer Breakfast] to local business owners, Craig appeared for 30 seconds in a three-minute promotional video, along with a Santa Barbara-area school superintendent and a local high school teacher. Craig identified himself as the principal of Foothill School, but did not mention the school district. Regardless, a school district board member who viewed the video on the Internet filed a complaint against Craig, wrongly claiming that he had violated the so-called ‘separation of church and state’ . . . Craig contacted ADF for legal assistance and was referred to a local ADF-allied attorney who is now defending Craig’s constitutionally protected freedom of speech in an effort to help him keep his job.”

Jill Stanek writing at WorldNetDaily: “[T]he rift that developed during the 2010 election cycle between Democrats for Life and basically the rest of the pro-life movement is irreparable, at least as long as Kristen Day remains its executive director . . . ”

Jan LaRue writing at American Thinker: “Apparently the historic election thrashing has reduced testosterone levels of House Democrats, except for 32 women backing Pelosi who share her abortion zealotry. Most of the male Democrats are behaving like Madame Bovary’s lovesick husband, who remained loyal to her despite her unfaithfulness . . . Pelosi’s loyalty is to her ‘keep your subsidies off my ovaries’ base above all others.”

Wall Street Journal: “A contentious bill that would require about two-dozen so-called crisis pregnancy centers to disclose that they don’t offer abortions drew more than 50 abortion supporters and opponents to a City Council committee meeting Tuesday . . . ”

Thomas Fleming reviews Tories by Thomas B. Allen in the Wall Street Journal: “It is unfortunate that Mr. Allen frames ‘Tories’ as the tale of early victims of American political rage, because there is something to be said for focusing on the loyalists of the Revolutionary era . . . How many Tories resided in the colonies at the outbreak of war? Using the latest research, Mr. Allen reports . . . roughly half a million people. But they were a combative minority: When war came, loyalists formed more than 50 military units that often fought well beside their British allies.”

The Hill: “Senate Democrats on Tuesday defended the congressional system of earmarking even as their GOP colleagues approved a voluntary two-year ban on the practice.”

Michelle Malkin writing at Townhall: “More than one million Americans have escaped the clutches of the Democrats’ destructive federal health care law. Lucky them. Their employers and labor representatives wisely applied for Obamacare waivers earlier this fall and got out while the getting was good. Now, it’s time for Congress to create a permanent escape hatch for the rest of us. Repeal is the ultimate waiver.”