Dennis Prager: “Government, Yes! God and Parents, No!”

UK: Choice threatened by Whitehall sex ed grab

Lawsuit to bring Swedish homeschooling case before Human Rights Court

Indiana Court of Appeals: Surrogate not necessarily legal mother

    NWI Times: “A husband and wife who had their embryo implanted into a surrogate, who then gave birth to their child, moved one step closer to getting the wife named the legal mother rather than the surrogate. The Indiana Court of Appeals on Wednesday reversed a Porter Circuit Court decision that denied the husband and wife’s petition to establish maternity on behalf of the wife, who they say is the biological mother even though a different woman gave birth. The woman who carried the child, the wife’s sister, supports the wife’s petition to be named mother.”


  • Posted: 02/18/2010
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  • Category: Marriage & Family
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  • Source: nwitimes.com

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PA school district using school-issued laptop webcams to spy on students

Law Review: Allowing States to Balance the First Amendment with Parents’ Rights to Privacy and Sovereignty in the Home

    Internet Child Protection Registry Acts: Protecting Children, Parents and . . . Pornographers? Allowing States to Balance the First Amendment with Parents’ Rights to Privacy and Sovereignty in the Home
    Samuel D. Castor, 59 Cath. U. L. Rev. 231 (2009)

    “This Comment evaluates states’ role in the tug-of-war between governments attempting to help parents protect children from unwanted, and potentially harmful, electronic communications and the First Amendment, which prohibits Congress from abridging a person’s freedom of speech.”


  • Posted: 02/18/2010
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  • Category: Miscellaneous

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“Leaked Document: No Opt-Out for Children from Pro-Gay Classes in Ontario Schools”

Contempt Charged As Father Violates TRO On Daughter’s Religious Training

“Unprecedented” Threat to Parental Rights in Poland

Law Review: Balancing Civic Values and Parents’ Free Exercise Rights

    Balancing Civic Values and Parents’ Free Exercise Rights
    Darryn Cathryn Beckstrom, 45 Gonz. L. Rev. 149 (2010)

    “Federal courts, legal scholars and parents alike are currently debating the presence of controversial topics in public school curricula, including topics related to homosexuality and sex-education, and whether such topics are suitable for young children. Parents increasingly claim the teaching of controversial topics in the classroom violates their free exercise rights under the First Amendment. These parents experience varied success in federal courts when seeking relief under such a claim. This Article attempts to balance the state’s interest in inculcating students with civic values and parents’ right to control the religious upbringing of their children. While the state should promote the inculcation of civic values, the state must be careful to prevent values indoctrination. Parents should have some control over their child in the public school realm in order to uphold the values of self-governance and limited government in a liberal democracy and pluralistic society. This Article defines and evaluates values indoctrination, a legal theory that is underdeveloped in the Free Exercise Clause jurisprudence. This Article argues that courts should permit parents, when raising a free exercise claim, to contend that values indoctrination in public schools places a burden on their free exercise rights, therefore allowing them to meet the threshold requirement for raising a free exercise claim. When this occurs, society can uphold both the interests of the state and parents.”


  • Posted: 02/16/2010
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  • Category: Religious Liberty

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Unprecedented threat to parental rights in Poland

No opt-out for children from “pro-gay” classes in Ontario schools

Ireland: Over two-thirds of GPs favor contraception for teens

Law Review: The Constitutionality of Teacher Certification Requirements for Home-Schooling Parents

    The Constitutionality of Teacher Certification Requirements for Home-Schooling Parents: Why the Original Rachel L. Decision was Valid
    Haley J. Conard, 2 Drexel L. Rev. 206 (2009)

    “This Note argues that, had the Court of Appeal retained its original interpretation, a requirement that parents must be certified by the state to teach their children at home would, in most circumstances, withstand a constitutional challenge. The Note first presents the two decisions of the California Court of Appeal and the reasoning behind each. The Note then examines the origins and development of parental rights over education stemming from Meyer v. Nebraska and Pierce v. Society of Sisters, arguing that these precedents grant parents less than an absolute, fundamental right to direct all aspects of their children’s education, both in traditional and home-school contexts. Further, the Note argues that challenges to certification requirements for home-schooling parents would withstand rational basis review, as the requirements are rationally related to legitimate state interests in education.”


  • Posted: 02/10/2010
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  • Category: Religious Liberty

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Maryland: “Students, ACLU Demand Harford County Schools Stop Censoring Educational Web Sites On LGBT Issues”

Home ed registration “not a good use of public money”

Oregon Jury Convicts Parents In Faith Healing Death

“German homeschoolers’ political asylum in America exposes the EU Gulag”

Judge Gives Miller 30 Days to Transfer Daughter to Former Lesbian Lover or Face Arrest

Rifqa Bary’s Parents Seek to Withdraw Settlement Consent Entered Last Week

Senate Passes “Unhealthy Youth Act” to detriment of WI youth

Eugene Volokh: Asylum in the U.S. for German Homeschoolers?

UK: “Lessons fight anti-gay prejudice in Cornwall”

Baby Isaiah Granted Another Three Weeks for Medical Assessment

Canada: “Saving Isaiah: Couple Fights Hospital for Baby’s Life

German Homeschooling Family Granted Political Asylum

Alaskans call for vote on parental consent

Florida bill would ban adoption agencies from asking about gun ownership

    News Service Florida: “Rep. Mike Horner, R-Kissimmee, said he and his wife are dealing with a “mountain” of paperwork as they attempt to adopt a child through the Children’s Home Society of Florida, which assists with adoptions in the Orlando area . . . Horner’s legislation (CS/HB 315) would bar forms demanding weapons information, but would require those seeking to adopt to acknowledge they have received a copy of the state law requiring that anyone owing a loaded firearm keep it safely stored away from minors.”


  • Posted: 01/22/2010
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  • Category: Marriage & Family
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  • Source: www.newsserviceflorida.com

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UK: “Schools to screen film about homophobic bullying”

GBLT community weighs in on same-sex case

Surrogate twins won’t get German visas

Runaway Christian Convert to Remain Free of Parents, Judge Rules

Alaska pro-life group submits signatures for parental notification on abortion

Law Review: Same-Sex Relationships and the Full Faith and Credit Clause

    Same-Sex Relationships and the Full Faith and Credit Clause: Reducing America to the Lowest Common Denominator
    Rena M. Lindevaldsen, 16 Wm. & Mary J. Women & L. 29 (2009)

    “This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency.”


  • Posted: 01/20/2010
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  • Category: Marriage & Family

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Law Review: The Child Welfare System’s Disregard for the Constitutional Rights of Non-Offending Parents

    Vivek S. Sankaran, Parens Patriae Run Amuck: The Child Welfare System’s Disregard for the Constitutional Rights of Non-Offending Parents (October 31, 2008). Temple Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1292771

    “Yet, despite these advances, juvenile courts continue to disregard the constitutional rights of nonoffending parents, individuals against whom the state has made no allegations. Nearly every state permits juvenile courts to deprive nonoffending parents of rights to their children based solely on findings or admissions of child maltreatment by the other parent. Such actions not only raise many constitutional questions, but also jeopardize children’s safety and well-being by increasing the likelihood that they will unnecessarily enter foster care and that their parents will disengage with the process. This Article proposes a policy solution that reflects the correct balance between safeguarding the constitutional rights of the nonoffending parent and preserving the flexibility of juvenile court judges to issue orders ensuring that the child’s needs are met.”


  • Posted: 01/20/2010
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  • Category: Marriage & Family
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  • Source: ssrn.com

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Online threats pose risk to Rifqa

Prop 8 trial, Day 5 summary: prof says children don’t need mom, dad

“Personal focus as same-sex-marriage trial opens in California”

Surrogacy battles expose uneven legal landscape

    Wall Street Journal: “The debate over surrogacy touches on what can be deeply held views about the rights of mothers, children and couples who might be unable or unwilling to use more traditional methods of procreation, say attorneys and reproductive-rights experts. Critics say surrogacy often exploits impoverished and relatively unsophisticated women, who are enticed by hefty fees into relinquishing their parental rights. Proponents counter that surrogacy agreements usually are struck by consenting, informed adults, who are in a better position than courts or legislators to determine the best interests of a child.”


  • Posted: 01/18/2010
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  • Category: Marriage & Family
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  • Source: online.wsj.com

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Law Review: A Child’s Right to Compel Disclosure of His Biological Father’s Identity

    Removing the Veil, Uncovering the Truth: A Child’s Right to Compel Disclosure of His Biological Father’s Identity
    Tia M. Young, 53 How. L.J. 217 (2009)

    “This Comment argues in favor of a cause of action on behalf of a minor child to compel the child’s mother to disclose the identity of the biological father when the mother has either failed to disclose the father’s identity or provided false or misleading information about the father’s identity.”


  • Posted: 01/18/2010
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  • Category: Marriage & Family

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Alaska: Signatures sufficient for abortion notification initiative, group says

Children key in Prop 8 trial

    Bay Area Reporter: “During cross-examination Brian Raum, a lawyer for the Yes on 8 campaign, questioned how Katami could conclude that the anti-gay group’s ads were hostile to gay people. ‘There was nothing in the ad that says Proposition 8 will protect children from you because you are bad. Would you agree?’ asked Raum. ‘It didn’t say same-sex couples are bad?’ Katami responded that the ads didn’t have to be explicit because the message was clearly implied. ‘It insinuates there is some disapproval of gay people and they should be feared,’ he said. Raum pressed Katami on the issue, stating that ‘the fact is you don’t think kids need to be protected from being exposed to same-sex relationships.’ To which Katami replied, ‘Yes. There is nothing wrong with it.’”


  • Posted: 01/14/2010
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  • Category: Uncategorized
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  • Source: www.ebar.com

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UK party leader says faith schools must teach homosexuality is “normal and harmless”

Dale Schowengerdt: ADF comments on first day of Federal Prop. 8 trial

    ADF Attorney Dale Schowengerdt writing at the Christian Post: “The four plaintiffs also got on the stand and gave testimony. We decided to cross examine only one of those witnesses, which ADF senior counsel Brian Raum conducted very effectively. Brian focused on the fact that what the campaign argued when it said Prop 8 would protect children was that it would help preserve the right of parents to decide what their kids are exposed to and when. He played the campaign’s ads demonstrating that very young children received lessons on same-sex ‘marriage’ in Massachusetts public school after the state’s high court redefined marriage, and that parents were denied the right to object. He also played an ad describing an outrageous incident in which first graders were taken on a ‘field trip’ to a same-sex wedding in San Francisco, presided over by Mayor Gavin Newsome, culminating in Newsome’s infamous comment that it was a ‘teachable moment.’”


  • Posted: 01/13/2010
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  • Category: ADF in the News
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  • Source: www.christianpost.com

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“Gay couples testify as marriage case starts”

“Day 1 of high profile marriage equality trial”

    Speak Equal: “Raum started by playing a video from the Proposition 8 campaign featuring a Massachusetts heterosexual couple decrying how their second-grader was exposed to teachings about homosexuality at school. Raum is asking Katami about whether he believes it is acceptable for sexuality and homosexuality to be taught to first- and second-graders; Katami is taking a measured approach, pointing out that without children, it is hard to fully evaluate what is appropriate to teach young children about such issues at certain ages. ‘For me, Proposition 8 had nothing to do with children,’ Katami replied under cross-examination. ‘It was a diversion . . . a tactic which does not sit at the core of the issue.’”


  • Posted: 01/12/2010
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  • Category: Uncategorized
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  • Source: speakequal.com

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Couples tell of toll from state “gay marriage” ban as Prop. 8 trial begins

“Historic Prop 8 trial opens with emotional testimony from gay couples”

Prop. 8 trial Day 1: Live coverage from the courtroom

Jennifer Lopez Down on In Vitro – So Why is IVF Contrary to Pro-Life Values

Surrogacy threatens family, sanctity of life, and the dignity of women as NJ case demonstrates

“UW Law School may assist in prayer case”

“Ex-gay” mother disappears with daughter

    MetroWeekly: “Conservative legal organizations such as Liberty Counsel and the Alliance Defense Fund (ADF) have also been involved in a number of single-state lesbian custody cases, each time backing the biological mother or sole legal adoptive mother against the mother who has no formal legal rights to the child. They had two successes in Utah, last year in a lower court and in 2007 in the Utah Supreme Court, but lost last year in a California appeals court and the Montana Supreme Court. In each case, as in Miller-Jenkins, the biological mother said she was no longer a lesbian or was now in an opposite-sex relationship.”


  • Posted: 01/06/2010
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  • Category: Uncategorized
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  • Source: www.metroweekly.com

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NY: Parents arrested for failing to register home-schooled kids

ACLU: “Miller v. Jenkins – About the Case”

Spanking makes kids perform better in school, helps them become more successful: study

New York archdiocese sued for excluding unvaccinated pre-schooler

Christian Mother Fails to Transfer Daughter to Former Lesbian Partner by Deadline

Japan: Panel eyes law for limiting parental rights to curb child abuses+

Vt. judge won’t delay transfer of child from mother to former lesbian partner

Religious Exemptions from the Duty to Provide Medical Treatment for Children

    Government Endorsement of Living on a Prayer: Religious Exemptions from the Duty to Provide Medical Treatment for Children
    Ashley Dose, 30 J. Legal Med. 515 (2009)

    “Religious exemptions from the parental duty to provide medical care implicate a wide variety of legal issues, but this article focuses exclusively on the Religion Clauses of the First Amendment. First, the exemptions are not mandated by the Free Exercise Clause because the Supreme Court has stated that the free exercise of religion does not include a right to martyr one’s children. Second, the exemptions are not a permissible accommodation of religion under the Establishment Clause. The statutes are divided into two categories for purposes of the Establishment Clause analysis: those that grant an exemption only to recognized religions and those that treat all religions uniformly. The statutes that prefer recognized religions over nonrecognized religions clearly violate the Establishment Clause under the Supreme Court’s holding in Larson v. Valente. The statutes that treat all religions uniformly are a much closer call, and could go either way depending on which standard of analysis is employed.”


  • Posted: 12/29/2009
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  • Category: Religious Liberty

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U.S. Supreme Court asks TX Solicitor General to weigh in on parental rights case

Can Unwed Fathers Block Adoptions? Navigating a Tricky Legal Terrain

    Joanna L. Grossman writes at Findlaw: “Unwed fathers in most states do not have the same rights as unwed mothers vis-à-vis their children. Their parental rights turn not just on biology, but also on whether they have carried out the obligations of fatherhood and, in some situations, whether they have complied with technical legal requirements necessary to establish their status. The Nebraska case, In re Corbin J., reveals the limitations of this approach to determining legal fatherhood.”


  • Posted: 12/23/2009
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  • Category: Uncategorized
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  • Source: writ.lp.findlaw.com

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Home school parents face losing son to state

Court endorses “kidnapping” of 7-year-old

Feminist Fundamentalism on the Frontier Between Government and Family Responsibility for Children

Study: “Teens understand emergency-contraception labels”

Ireland: Contraception proposal for teens sparks controversy

“Rifqa Bary in contempt of court?”

Texas to destroy baby blood taken without consent

Swedish government seizes child from home-schooling family

Iowa: Grandparents fight for rights

    Des Moines Register: “Dianne and Dale Schwerin feel as if they almost have to sneak around to see two of their grandchildren. Dianne once made the six-hour round-trip drive from Minnesota to Parkersburg just to eat school lunch with one of the boys. Almost four years after the death of the Schwerins’ 30-year-old daughter, Amy Guldager, a popular Parkersburg teacher, their son-in-law has cut off contact with them.”


  • Posted: 12/21/2009
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  • Category: Marriage & Family
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  • Source: www.desmoinesregister.com

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SC: Court Refuses To Dismiss Challenge To Graded Released Time Religious Course

Ohio: Child Support Fight Over Home Schooling and Catholic Beliefs Back In Appeals Court