Tag Archives: State: Arizona

Charisma: “No one should have their free speech rights threatened just because they advocate a position that some consider politically incorrect. Stifling the advocacy of attorneys is simply unconstitutional,” says Gary McCaleb, ADF senior counsel. “Our legal system promises all of its citizens the freedom to fully and fairly debate the important questions of our day. This proposed amendment needlessly undermines that constitutional guarantee within the very profession that protects constitutional rights.”

ADF Attorney Steven Aden appeared on KFUO with Roland Lettner to discuss the situation. | MP3 audio 22:47 mins

Montana News Association: “No one should have their free speech rights threatened just because they advocate a position that some consider politically incorrect. Stifling the advocacy of attorneys is simply unconstitutional,” said ADF Senior Counsel Gary McCaleb. “Our legal system promises all of its citizens the freedom to fully and fairly debate the important questions of our day. This proposed amendment needlessly undermines that constitutional guarantee within the very profession that protects constitutional rights.”

OneNewsNow.com: “Government officials cannot use broad commercial reasons to favor non-religious businesses or membership organizations over religious ones. The city’s actions here left this small congregation with a mortgage to pay on a building it could not use for two years and at the same time it had to pay for another meeting place,” explains Babione.

Arizona Supreme Court should reject provision that would threaten to penalize attorneys
who take certain legal positions

Charisma: Churches should not be singled out for discrimination by a city’s zoning restrictions,” says Byron Babione, who argued before the 9th Circuit in April of last year. “Government officials cannot use broad commercial reasons to favor non-religious businesses or membership organizations over religious ones. The city’s actions left this small congregation with a mortgage to pay on a building it couldn’t use for two years while it had to pay for another meeting place at the same time.”

Sonoran Alliance: Attorneys for Center for Arizona Policy and the Alliance Defense Fund worked together to defend the church’s rights in court. “Churches should not be treated unfavorably just because they are religious, and that is what the city of Yuma had done here,” said CAP Legal Counsel Deborah Sheasby. (linked at Tucson Citizen)

9th Circuit says city of Yuma violated federal law against treating churches
unequally in zoning matters

LifeNews.com: An Arizona judge, at the request of the Planned Parenthood abortion business, put on hold important health and safety rules the state legislature approved to protect women using the dangerous abortion drug RU 486.

ADF attorney Steven Aden appeared on the Janet Mefferd Show to discuss the litigation. | MP3 audio 19:17 mins

AP: A groundbreaking ceremony for the John M. Roll United States Courthouse was held Thursday afternoon in Yuma.

Lawsuit challenges new Arizona laws on abortion: Planned Parenthood Arizona’s lawsuit filed in Maricopa County Superior Court late Wednesday challenges provisions of two measures scheduled to take effect on July 20. It expands a previously filed lawsuit against other abortion measures.

The Supreme Court on Monday struck down a provision of a campaign financing system in Arizona that gives extra cash to publicly funded candidates who face privately funded rivals and independent groups.

AP: The Supreme Court is expected to rule Monday on an Arizona campaign finance law that gives extra cash to publicly funded candidates who face privately funded rivals and independent groups.

AZ Republic (6/25): Attorneys at the Alliance Defense Fund, a Scottsdale-based alliance of attorneys representing conservative Christian issues, said it was disappointing that legislators did not represent their constituents on the issue. “It’s not a circumstance where the expertise of legislators is required,” said Austin Nimocks, ADF senior legal counsel. “People know marriage. They live it and understand it, and they don’t need legislators to dictate to them the definition of marriage.”

UPI.com: Christian legal group Alliance Defense Fund and attorneys representing the state argued that the lower-court decision was incorrect.

AZ Republic / Tucson Citizen: In 2009, Maricopa County Superior Court Judge Donald Daughton issued a preliminary injunction halting those parts of the law from going into effect. On Tuesday, attorneys representing the state and the Christian legal group Alliance Defense Fund argued that Daughton was incorrect in his decision.

The American Independent: . . . the Alliance Defense Fund (ADF), a legal alliance of Christian attorneys, appealed the judge’s order in conjunction with the Center for Arizona Policy (which helped draft the bill), the Bioethics Defense Fund and the Life Legal Defense Foundation. On Tuesday afternoon, counsel for the Alliance Defense Fund is arguing at the Arizona Court of Appeals in Phoenix . . . testifying on Tuesday is ADF senior counsel Steven H. Aden. “The protection of women should not be on hold while the nation’s largest abortion purveyor ties things up in court,” Aden said in a press release sent out Monday.

LifeNews.com: Alliance Defense Fund Senior Counsel Steven H. Aden is arguing in favor of lifting the order that stalled the Arizona Abortion Consent Act. “If Planned Parenthood really cared about women’s rights, they’d support laws that allow women to make fully informed choices instead of going to court to tear them down,” said Aden. “The protection of women should not be on hold while the nation’s largest abortion purveyor ties things up in court.” “If abortionists really cared about women’s rights, they’d support laws that allow women to make fully informed choices instead of challenging these laws in court,” Aden said.

Alliance Defense Fund Senior Counsel Steven H. Aden will be available for media interviews Tuesday following his oral arguments in favor of lifting an order that stalled the Arizona Abortion Consent Act.

PRNewswire-USNewswire: “A coalition of local and national LGBT activists will hand-deliver a petition to leaders of the Southern Baptist Convention at their annual meeting calling on the SBC to apologize for the harm its teachings have caused the lesbian, gay, bisexual and transgender community. Prior to delivering the petition, an historic ‘Teach-In’ will take place outside of the SBC’s convention.”

ADF attorney David Cortman appeared on the Jody Hice Show to discuss this the recent victory in Arizona Christian School Tuition Organization v. Winn. | MP3 audio 16:38 mins

ADF attorney David Cortman at Townhall Magazine: The recent U.S. Supreme Court decision in the Alliance Defense Fund case Arizona Christian School Tuition Organization v. Winn is no small victory.

AZ Republic: Gov. Jan Brewer has appointed Washington D.C.-based attorney and former U.S. Solicitor General Paul Clement as lead counsel for the state’s petition against the federal government in the Senate Bill 1070 case.

: The Supreme Court has sustained Arizona’s law that penalizes businesses for hiring workers who are in the United States illegally . . . | Chamber of Commerce v. Whiting

LifeSiteNews.com: A Phoenix woman who doctors feared was in a life-threatening pregnancy due to the fact that she was carrying her child outside her womb, has now given birth to a healthy baby boy.

Reuters: Arizona will file a lawsuit in federal court to learn whether a controversial medical marijuana law passed by voters last November is legal, Arizona’s governor said on Tuesday.

KVOA.com: The lawsuit filed Monday with the Arizona Supreme Court by opponents contends that the bulk of the plan reduction to reduce enrollment by at least 130,000 people violates a state constitutional protection for a voter-approved law that broadened eligibility for the program.

ADF Attorney David Cortman appeared on the Janet Mefferd Show. | MP3 audio 13:18 mins

Christian Law Journal: The Alliance Defense Fund, a legal alliance of Christian attorneys “which defend[s] the right of people to freely live out their faith,” is representing Sen. Linda Gray and Rep. Nancy Barto — who are both bill sponsors — and other organizations who are seeking to intervene . . . Alliance Defense Fund Senior Legal Counsel Steven H. Aden said in statement that the law is reasonable and gives women important information they need. “Everyone deserves full and accurate information before undergoing any medical procedure,”said Aden. He continued, “These lawsuits are more about protecting ‘bottom lines’ than protecting women’s rights.” “If Planned Parenthood and the Center for Reproductive Rights really cared about women’s rights, they’d support laws that allow women to make fully informed choices instead of challenging these laws in court. These types of protections have been repeatedly upheld and are overwhelmingly supported by the public.”

Arizona Republic: According to the panel’s report, there were at least 668 incidents of kidnapping in 2008, hundreds more than the 300-plus Phoenix reported to the federal government to win $2.4 million in grants to fight border-related kidnapping and home invasions.

Religion Clause Blog: Cooke left the church at age 18 or 19 and moved to Phoenix where subsequently he was severely injured in an accident. After receiving the lease for land in Colorado City, Cooke and his wife moved back in a trailer home, but the city refused to provide water, electricity and sewer service. Cooke in this case sued for damages . . .

ADF letter says policy requiring visitors to pay fee, buy insurance, wait 14 days
before engaging in free speech on campus is unconstitutional

AZ Republic: Arizona Gov. Jan Brewer wants the U.S. Supreme Court to overturn a ruling that put the most controversial parts of the state’s immigration enforcement law on hold.

AP: Federal labor regulators have sued the state of Arizona over a state constitutional amendment that limits how workers can choose whether they want union representation.

Verde Independent: Children who are adopted lose their legal right to sue over the death of a biological parent, the Arizona Court of Appeals ruled Tuesday.

One News Now: “The bill was really inspired by the Supreme Court’s unfortunate decision in Christian Legal Society vs. Martinez, where a Christian student group was kicked off campus because of its religious membership restrictions, and the Supreme Court upheld that,” Tedesco explains. “So this bill addresses that; it provides…protection for religious student groups that select leaders and members based on shared religious values.” . . . [more]

Christian Law Journal: Alliance Defense Fund Senior Legal Counsel Steven H. Aden said in statement that the law is reasonable and gives women important information they need. “Everyone deserves full and accurate information before undergoing any medical procedure,”said Aden. He continued, “These lawsuits are more about protecting ‘bottom lines’ than protecting women’s rights.” “If Planned Parenthood and the Center for Reproductive Rights really cared about women’s rights, they’d support laws that allow women to make fully informed choices instead of challenging these laws in court. These types of protections have been repeatedly upheld and are overwhelmingly supported by the public.”

Inside Higher Ed: If courts are going to go the wrong way on these issues, it’s critical to start to enshrine these kinds of protections” for religious students, said Jeremy Tedesco, a lawyer for the Alliance Defense Fund, which has backed religious students in many of these disputes. Tedesco said that the Arizona law is needed because the various court rulings have threatened the religious freedom and rights to free expression of religious students at public universities

ADF letter to Gov. Brewer debunked American Counseling Association’s claims about key component of bill

AP: The tea party plate would feature the “”Don’t Tread On Me” slogan, rattlesnake emblem and yellow background of the historic Gadsden Flag that is a symbol of the movement.

How Appealing links to the ruling in Gonzalez v. Abeytia, No. 08-17094.

AP: “The National Labor Relations Board says it will move ahead with lawsuits seeking to invalidate state constitutional amendments in Arizona and South Dakota that require workers to hold secret ballot elections before a company can be unionized.”

Wall Street Journal: “The Arizona state Senate joined the House in approving a measure that will pare back the costs of government retirement benefits.”

Jordan Lorence at Human Events: The Supreme Court’s decision to throw out the challenge to Arizona’s tuition tax credit plan gives needed breathing room to that state’s emerging and innovative school-choice system. It also imposes common-sense requirements on opponents of school choice, including the American Civil Liberties Union, which now must come to court with people who have been actually harmed by the tax credit plan, and have more than just generalized complaints against it based on extreme notions of “separation of church and state.”

Religion Clause Blog: “On Monday, Arizona Governor Jan Brewer signed S.B. 1282 that provides no religious assembly or institution will be required to register as a political committee, so long as it does not spend a substantial amount of time or assets influencing legislation, or any referendum, initiative or constitutional amendment.”

AP: Tea party supporters in Arizona could show off their affinity for the movement on their vehicles if Gov. Jan Brewer signs a bill sent to her Wednesday creating a special “Don’t Tread On Me” license plate.

The Hill: Arizona Sen. John McCain (R) applauded his state’s governor, Jan Brewer (R), Monday for vetoing a controversial “birther” bill. The legislation, the first of its kind in the nation, would have required presidential candidates to prove their citizenship to be included on the state’s ballot.

AZ Republic: Gov. Jan Brewer on Wednesday shot down an effort by the Arizona Legislature to require presidential candidates to provide proof of citizenship in order to get on the state’s ballot.

East Valley Tribune: Siding with “family values,” Gov. Jan Brewer Monday signed legislation giving preference to married couples in adoption.

AP: epublicans have moved quickly to convert November election gains to legislative advances in the states. A look at some GOP successes, and setbacks, in the first months of the new order . . .

Religion Clause Blog: Today, the U.S. Supreme Court disposed summarily of Arizona School Choice Trust v. Winn, (Docket No. 09-988) granting certiorari and remanding the case to the 9th Circuit for further proceedings.

East Valley Tribune: Assistant Attorney General Tony West told U.S. District Court Judge Susan Bolton she has no legal authority to review the state’s contention that Arizona is under invasion and that the federal government is not doing its job. He said issues of what the federal government is – and is not – doing to secure the border are “non-justiciable political questions.”

“Brewer nixed House Bill 2581 on Tuesday, citing worries that it would drain the general fund. The bill passed the Senate, 21-7, and the House, 39-21. Lawmakers could call for a vote to override the veto but would need at least one more vote to get the required two-thirds support.”

AZ Republic: The Arizona Legislature has become the first in the nation to pass a measure requiring presidential candidates to provide proof of citizenship in order to get on the state’s ballot. House Bill 2177 got final approval Thursday night . . .

AP on ABC15: The Arizona Senate has approved a revised bill requiring presidential candidates to prove they are U.S. citizens eligible to run for the office.

LifeNews: Arizona Gov. Jan Brewer signed a bill that would end the use of a state income tax credit for charitable contributions to the Planned Parenthood Arizona abortion business. The legislation also stop taxpayer-funded abortion training at colleges.

Bill Frezza at Forbes: Arguing that declining to tax someone is not the same as giving them a government handout, the majority reinforced the idea that not all wealth is owned by the government, which only deigns to let us keep some at its pleasure.

ADF attorney Dave Cortman appeared on KRLD News Radio 1080 with Mitch Carr to discuss this ruling in Arizona Christian School Tuition Organization v. Winn. | MP3 audio 3:10 mins

ADF attorney Jeremy Tedesco appeared on the radio to discuss this: ADF attorneys win Arizona parental-choice-in-education case. | Talk from the Heart with Rich Buhler, MP3 audio 9:24 mins | Kresta in the Afternoon, MP3 audio 9:27 mins

“With Arizona’s old voucher plan deemed unconstitutional, a new plan lets parents access an account to decide where their child attends school – with limits.”

AP: “Volunteers with Citizens for a Better Arizona official said Tuesday they already have two-thirds of the 7,756 verified signatures required by May 31 to set a recall election for Republican Russell Pearce, who is the president of the Arizona Senate.”

Clint Bolick at the Sonoran Alliance: “Monday the U.S. Supreme Court rejected the latest challenge to Arizona’s tuition scholarship tax-credit program, which provides dollar-for-dollar tax credits for contributions to private school scholarships . . . Later in the week, the Arizona Legislature increased the amount of the tax credit for the scholarship program from $1,000 to $1,500 per couple. Then on Thursday, the Arizona Legislature became the first in the country to approve education savings accounts, an idea born at the Goldwater Institute . . . ”

East Valley Tribune: “Gov. Jan Brewer vetoed legislation designed to shield people from being disciplined professionally because of their religious views, at least in part over the issue of polygamy.”

ADF attorney David Cortman appeared on the Zeb Bell Show to discuss the victory for parental choice in education at the U.S. Supreme Court. | MP3 audio 11:15 mins

A federal appeals court is refusing to lift a stay blocking major parts of a tough Arizona law targeting illegal immigrants from taking effect.

Washington Post: “A federal judge in Utah has handed control of a $114 million communal land trust back to the leaders of Warren Jeffs’ polygamous church.”

AZ Republic: Arizona may become the first state in the nation to explicitly protect professionals from having their license or certification revoked because of their religious practices. The Legislature passed Senate Bill 1288, and Gov. Jan Brewer has until Saturday to sign it, veto it or do nothing and allow it to become law.

Eugene Volokh comments on Arizona’s new legislation at the Volokh Conspiracy.

ADF attorney Jeremy Tedesco appeared on the Janet Mefferd Show with a guest host to discus the Arizona school choice victory at the U.S. Supreme Court. | MP3 audio 16:04 mins

ADF attorney Greg Baylor appeared on KDCR, Conversations with Carl Zylstra to discuss this: ADF attorneys win Arizona parental-choice-in-education case. | MP3 audio 21:13 mins

In a bill passed by a 27-1 vote, the state Senate has increased donation limits from $500 to $750. The bill also removes donation limits for corporations and insurance companies.

Mercator.net: The high court agreed 5–4 with the arguments of Alliance Defense Fund attorneys and dismissed an American Civil Liberties Union lawsuit against an Arizona program that promotes school choice.

Religion Clause Blog: After passage by the state Senate last month, on Monday the Arizona House of Representatives passed and sent to the governor for her signature SB 1288, a broad bill protecting against basing denial of occupational licenses or positions on public bodies based on a person’s exercise of religion.

ADF attorney Dave Cortman appeared on the Hugh Hewitt Show to discuss the ruling in Arizona Christian School Tuition Organization v. Winn. | MP3 audio 5:55 mins