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Religion & Law Blog Posts from November 19, 2009

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Religion & Law Posts (November 19, 2009)

9th Circuit denies Campaign for California Families? bid to intervene in Prop 8 suit

"Because the existing parties will adequately represent the Campaign?s interests, we affirm the district court?s denial of intervention as of right."
Posted on Constitutionally Correct on November 19, 2009 at 6:56 PM

TN: Sex-themed shop upsets Sylvan Park residents

Tennessean: "The new adult store at 5329 Charlotte Ave., just past Bobbi?s Dairy Dip, has ignited commotion among residents and stakeholders in the modest West Nashville neighborhood who fear its presence will threaten revitalization in the area."
Posted on Constitutionally Correct on November 19, 2009 at 6:25 PM

AP Exclusive: Muslim countries seek blasphemy ban

Associated Press: "Islamic nations are mounting a campaign for an international treaty to protect religious symbols and beliefs from mockery ? essentially, a ban on blasphemy."
Posted on Constitutionally Correct on November 19, 2009 at 6:23 PM

Belgian Premier Van Rompuy named first EU President

Wall Street Journal: "European Union leaders picked the low-key prime minister of Belgium and a British trade representative who's never held elective office as the bloc's first president and foreign minister."
Posted on Constitutionally Correct on November 19, 2009 at 6:21 PM

NY court: ?Married gay couples entitled to benefits?

Associated Press: "'In New York, the only relationship recognized as marriage is the committed union of a man and a woman,' said Brian Raun, senior counsel for the group. 'State and local officials should not attempt to use marriage laws from outside jurisdictions to place their political agendas ahead of the law.'"
Posted on Constitutionally Correct on November 19, 2009 at 5:24 PM

Christmas could be cancelled by British government

Christian Telegraph: "Christmas could be cancelled by a bill being put forward by the Labour government, the Catholic bishops of England and Wales have said."
Posted on Constitutionally Correct on November 19, 2009 at 5:03 PM

Senate Confirms David Hamilton, Obama?s First Pro-Abortion Judicial Nominee

"The Senate voted today 59-39 to confirm a pro-abortion federal judge President Barack Obama appointed to become a new appeals court justice."
Posted on Constitutionally Correct on November 19, 2009 at 4:36 PM

Virginia: The Bible comes to county classrooms

Chesterfield Observer: "Beginning next fall, county high school students will have the option of studying the best selling book of all time: the Bible. The Chesterfield School Board voted unanimously last week to approve the new elective course."
Posted on Constitutionally Correct on November 19, 2009 at 4:34 PM

Second lawsuit attacks Florida school funding

Google News (AP): "State officials are facing a second lawsuit filed in as many weeks accusing them of shortchanging public schools in violation of a state constitutional provision requiring a 'high quality' education for Florida's children . . . "
Posted on Constitutionally Correct on November 19, 2009 at 3:58 PM

Washington: Foes fighting Planned Parenthood clinic for Pasco

Seattle Times: "Opponents of a Planned Parenthood clinic in Pasco say they may appeal the city council's decision approving a special permit."
Posted on Constitutionally Correct on November 19, 2009 at 3:47 PM

?Reid uncertain of tally as healthcare bill heads for rare Saturday vote?

The Hill: "At a rally with supporters of the healthcare reform bill, Reid would not say he had secured commitments from all 60 members of the Democratic Conference to vote for the legislation ? an absolute necessity given unanimous opposition from the 40 Senate Republicans."
Posted on Constitutionally Correct on November 19, 2009 at 3:40 PM

House Oversight Committee passes Domestic Partnership Benefits and Obligations Act

"The legislation makes available certain employment benefits, including health care, to the same-sex domestic partners of federal employees."
Posted on Constitutionally Correct on November 19, 2009 at 3:33 PM

Envoy?s Speech Signals Softening of U.S. Hostility to International Court

Law.com (AP): "The American war crimes ambassador said Thursday in the Hague that the U.S. is committed to ending impunity for crimes against humanity, in a speech signaling a softening of hostility toward the International Criminal Court . . . "
Posted on Constitutionally Correct on November 19, 2009 at 3:31 PM

NY high court sidesteps central issue in cases that challenged same-sex ?marriage? recognition

New York?s highest court did not address the central issue in a ruling Thursday on two lawsuits that challenged the state?s attempt to recognize out-of-state same-sex ?marriages? by state and county officials, say attorneys with the Alliance Defense Fund who brought the suits.
Posted on Constitutionally Correct on November 19, 2009 at 3:26 PM

Harvard Medical Dean: Health ?Reform? Gets a Failing Grade

Jeffrey S. Flier write at the Wall Street Journal: "As the dean of Harvard Medical School I am frequently asked to comment on the health-reform debate. I'd give it a failing grade . . . Speeches and news reports can lead you to believe that proposed congressional legislation would tackle the problems of cost, access and quality. But that's not true. Th
Posted on Constitutionally Correct on November 19, 2009 at 3:19 PM

Calling for Common Sense About Christmas, Rutherford Institute Issues Legal Guidelines for Celebrating Christmas in Public, at School or Work

Christian Newswire: "Hoping to alleviate any confusion over the do's and don'ts of celebrating Christmas in schools, workplaces and elsewhere, The Rutherford Institute has issued its 'Twelve Rules of Christmas' guidelines, which are available here."
Posted on Constitutionally Correct on November 19, 2009 at 2:47 PM

ADF to Ohio town: No need to cancel Christmas parade for fear of lawsuit

Alliance Defense Fund attorneys sent a letter Thursday to the mayor, solicitor, and council members of the village of Amelia, urging them to reconsider cancelling this year?s 29th annual Christmas parade.
Posted on Constitutionally Correct on November 19, 2009 at 2:40 PM

Embryonic stem cell therapy closer to human trials

Breitbart (AFP): "Embryonic stem cell therapy got a step closer to the clinic Thursday after US researchers said they filed a request for government approval of human trials."
Posted on Constitutionally Correct on November 19, 2009 at 2:38 PM

Indian girls fight back against child marriage

Reuters: "'Girls are gradually saying "no" to child marriage,' said Anil Gulati, a spokesman for the United Nations Children's Fund (UNICEF), which works with authorities to fight child marriage."
Posted on Constitutionally Correct on November 19, 2009 at 2:31 PM

EU Leaders to Choose President today in Secret ?Soviet Style? Meetings

LifeSiteNews: "But a German diplomat has dropped the biggest hint so far that the leaders will choose the little known Belgian Prime Minister, Herman Van Rompuy, as the first President of the European Union."
Posted on Constitutionally Correct on November 19, 2009 at 2:24 PM

Pro-Life Groups: Reid?s Senate Health Care Bill Contains Massive Abortion Funding

LifeNews: "Two leading pro-life organizations that have analyzed the new 2,000-page government-run health care bill released by Senate Majority Leader Harry Reid late yesterday say the legislation contains massive abortion funding and a fake amendment that does not truly ban it."
Posted on Constitutionally Correct on November 19, 2009 at 2:19 PM

Public Opinion and Free Speech

Nathaniel Persily writes at the Volokh Conspiracy: "It seems pretty clear that the public opinion trends concerning freedom of expression are pointing in a more libertarian direction. We can see that in responses to questions regarding flag burning, hate speech, and indecent speech. The State of the First Amendment (SOFA) Survey has been asking questio
Posted on Constitutionally Correct on November 19, 2009 at 2:18 PM

Pew: Abortion plays small role in health reform opposition

Pew Research Center for People and the Press: "While most Americans oppose government funding of abortion, a new Pew Research Center survey finds that concern about abortion funding plays only a small role in driving opposition to the health care reform legislation under consideration by Congress. When health care opponents are asked in an open-ended q
Posted on Constitutionally Correct on November 19, 2009 at 2:10 PM

Texas marriages in legal limbo because of constitutional amendment, candidate says

Star-Telegram: "Barbara Ann Radnofsky, a Houston lawyer and Democratic candidate for attorney general, says that a 22-word clause in a 2005 constitutional amendment designed to ban gay marriages erroneously endangers the legal status of all marriages in the state . . . 'It?s a silly argument,' said Kelly Shackelford, president of the Liberty Legal Inst
Posted on Constitutionally Correct on November 19, 2009 at 1:56 PM

Think-Tank Charges U.S. Conservatives With Using African Clergy In LGBT Battles

Religion Clause Blog: "Political Research Associates, a Massachusetts-based progressive think tank, yesterday released a 42-page report titled Globalizing the Culture Wars: U.S. Conservatives, African Churches and Homophobia."
Posted on Constitutionally Correct on November 19, 2009 at 1:45 PM

Deputy Proposes Change In Russia?s National Anthem to Remove Reference To God

Religion Clause Blog: "Interfax reported yesterday that a member of the Russian State Duma representing the Communist Party has introduced a bill to change one line in the Russian Federation's national anthem."
Posted on Constitutionally Correct on November 19, 2009 at 1:37 PM

Render Unto Caesar: District Tax Officials End Free Ride For Religious Right?s ?C Street�House?

Remember all the talk last summer about the mysterious ?C Street house? in Washington, D.C.? The structure, owned by a clandestine evangelical Christian organization known as ?The Family,? was in the news because some politicians tied to it got caught up in embarrassing sex scandals. A quick recap: After U.S. Sen. John Ensign (R-Nev.) admitted that he
Posted on The Wall of Separation on November 19, 2009 at 1:31 PM

Palm Beach Mayor Lois Frankel presents 2009 Child Advocate of the Year award

West Palm Beach Children's Health Examiner: "Ms. Tucci is also an Instructor at South University, teaching an ABA-Approved Paralegal Program since 2004. She is a member of the Florida Bar, the Palm Beach County Bar Association. She is a graduate of Florida Atlantic University and Nova Southeastern University, Shepard Broad Law Center. In 2002, Ms. Tucc
Posted on Constitutionally Correct on November 19, 2009 at 1:15 PM

That reasonable Washington Post editorial

Rick: I think the Washington Post is right in suggesting that the controversy about Catholic Charities in Washington, DC is about religious liberty concerns, not the definition of marriage; but the claim at the beginning of the editorial that the...
Posted on Mirror of Justice on November 19, 2009 at 1:02 PM

?N.J. residents support gay marriage by narrow margin, poll says?

NJ.com: "The poll, conducted between Nov. 6 and 10, found 46 percent of adult residents want to extend the right to gay couples while 42 percent oppose it. Still undecided were 12 percent of respondents."
Posted on Constitutionally Correct on November 19, 2009 at 12:59 PM

Gary McCaleb on the Bott Radio Network: S.D. pro-life group no longer denied access to school campus

ADF attorney Gary McCaleb appeared on the Bott Radio Network with Dick Bott to discuss this: S.D. pro-life group no longer denied access to school campus. The MP3 runs about 27 minutes.
Posted on Constitutionally Correct on November 19, 2009 at 12:54 PM

Geoffrey Stone on Church, State, Kennedy, and Stupak

Prof. Geoffrey Stone contends, here, that the role of the Catholic Church, and Catholics in securing passage of the Stupak Amendment, and in rejecting a same-sex-marriage law without adequate religious-liberty exemptions, is in worrisome tension with church-state separation and religious...
Posted on Mirror of Justice on November 19, 2009 at 12:51 PM

?Philippine gay group fights to contest elections?

AP: "A Philippine gay rights group is waging a legal battle to be allowed to run in next year's polls after the Elections Commission ruled it cannot register as a political party on grounds that it advocates immorality . . . "
Posted on Constitutionally Correct on November 19, 2009 at 12:46 PM

The Washington Post on SSM and religious liberty in DC

A reasonable editorial, I thought: YOU MIGHT not realize, given the fury between Catholic Charities and the D.C. Council, that the Catholic Church is not trying to prevent the legalization of same-sex marriage in the District. Rather, the battle is...
Posted on Mirror of Justice on November 19, 2009 at 12:41 PM

Europe dumps democracy, EU is basically a cartel

Paul Belien writing at Hudson New York: "The new European superstate, however, is not a democracy. It has an elected parliament, but the European Parliament has no legislative powers, nor does it control the EU?s executive bodies. The latter, who also have legislative power overriding national legislation, are made up of ?commissioners.? These are appo
Posted on Constitutionally Correct on November 19, 2009 at 12:40 PM

NY court: ?Married gay couples entitled to benefits?

Associated Press: "The lawsuit challenged the granting of those benefits by the state Civil Service Department and Westchester County, and was upheld in a lower court. The lower court's ruling was challenged by the Alliance Defense Fund, which has challenged similar decisions nationwide."
Posted on Constitutionally Correct on November 19, 2009 at 12:36 PM

N.Y. court: ?Married gay couples entitled to benefits?

USA Today (AP): "New York's top court on Thursday rejected a Christian legal group's challenge to some government benefits provided to same-sex couples legally married elsewhere and now living in New York . . . There was no immediate comment from the Alliance Defense Fund or Empire State Pride Agenda, a leading advocate for gay rights in New York."
Posted on Constitutionally Correct on November 19, 2009 at 12:31 PM

?New York?s top court upholds benefits to same-sex couples?

"New York's top court today upheld the rights of Westchester County and the state to legally extend benefits to same-sex couples married in other states . . . The Alliance Defense Fund of Scottsdale, Ariz. argued that since same-sex marriage is not legal in New York, state and local governments should not extend equal benefits to gay couples . . . The
Posted on Constitutionally Correct on November 19, 2009 at 12:16 PM

?Anti-gay marriage group files suit?

dcist: "Totally expected, but Bishop Harry Jackson and conservative legal outfit Alliance Defense Fund have gone ahead and filed a lawsuit in D.C. Superior Court to try to force a ballot measure on same-sex marriage, as the Post reports."
Posted on Constitutionally Correct on November 19, 2009 at 12:10 PM

D.C. lawsuit requests people?s voice

OneNewsNow: "'That's what this is about, is appealing to the Court in order to vindicate the people's right to vote on what is probably the biggest social issue of our time, and that is the definition of marriage,' contends Tim Tracey of ADF."
Posted on Constitutionally Correct on November 19, 2009 at 12:09 PM

D.C. board refuses to let voters add same-sex ?marriage? ban to ballot

Catholic News Agency: "On November 18, the Alliance Defense Fund, a legal alliance which seeks to defend religious liberty, filed suit against the District of Columbia Board of Elections and Ethics on behalf of Stand4MarriageDC, saying that the board precluded the right of citizens in the district to vote for or against the definition of marriage."
Posted on Constitutionally Correct on November 19, 2009 at 12:08 PM

Macias safe for now, but the battle isn?t over

OneNewsNow: "'We learned by letter from the college that the recall election has in fact been voided and violated state law and that Mr. Macias is no longer threatened with being recalled by the students,' [David Hacker] reports."
Posted on Constitutionally Correct on November 19, 2009 at 12:07 PM

The ?Diversity? Sham: At New York University, intellect gives way to ritualized emotion.

James Taranto writes at the Wall Street Journal: ". . . there is reason to doubt whether 'diversity,' as practiced by American higher education today, has any educational benefits at all--never mind whether those benefits are sufficient to justify discrimination. Whatever its benefits in theory, diversity in practice is often anti-intellectual, replaci
Posted on Constitutionally Correct on November 19, 2009 at 12:06 PM

?It?s killing a baby, plain and simple?

WorldNetDailya: "More topically, the activist group Alliance Defense Fund is agitating for a 14th murder charge against Maj. Nidal Malik Hasan, the Islamist terrorist who "allegedly" killed 13 people during the shooting at Fort Hood that left 30 other people wounded. One of Hasan's victims was a pregnant woman; the ADF wants Hasan held culpable for tha
Posted on Constitutionally Correct on November 19, 2009 at 12:01 PM

Same-sex ?marriage? opponents sue to force referendum

Washington Post: "'The people of D.C. have a right to vote on the definition of marriage,' said Austin R. Nimocks, senior legal counsel for the Alliance Defense Fund, the conservative legal group representing Jackson. 'The D.C. Charter guarantees the people the right to vote, and the council cannot amend the charter for any reason, much less to deny ci
Posted on Constitutionally Correct on November 19, 2009 at 12:00 PM

George Will: ?Fighting a Coercion Clause? ? States may hold healthcare trumpcard

George Will has this post at Townhall discussing various ways in which states could challenge a federal healthcare takover. His discussion begins with a discussion of a pending measure on the Arizona ballot.
Posted on Constitutionally Correct on November 19, 2009 at 11:59 AM

Are Catholic law schools wise stewards of their students' debt?

I agree with Rick that the legal profession's academic woes should not nececessarily reduce our commitment to the law as a humane discipline. However, I do believe that all law schools -- Catholic law schools in particular, I would hope...
Posted on Mirror of Justice on November 19, 2009 at 11:50 AM

GOP turns up the heat over bringing Gitmo prisoners to U.S. soil

The Hill: "Hoekstra formally introduced a discharge petition to force Democrats to hold a vote on GOP-sponsored legislation that effectlvely would bar the administration from transferring more than 200 prisoner detainees held at Gitmo to the United States. Bypassing Democratic leaders, however, would require all 177 House GOP lawmakers to sign onto th
Posted on Constitutionally Correct on November 19, 2009 at 11:21 AM

The starving American spirit

The Hill: "We are supposed to be the land of prosperity, but now a new Department of Agriculture study finds that 25 percent of our children can't count on getting enough to eat. One in four faces the possibility every night of going to bed hungry . . . "
Posted on Constitutionally Correct on November 19, 2009 at 11:13 AM

N.J. Democrats differ on whether ?gay marriage? should be voted on during lame duck session

NJ.com: "As lawmakers prepare for the lame-duck session beginning Monday, top Senate Democrats remain split on whether the issue of gay marriage should be taken up before Governor-elect Chris Christie takes office in January."
Posted on Constitutionally Correct on November 19, 2009 at 11:03 AM

Hill update: Bad Day for Marriage and Life Issues on the Hill

The FRC Action Cloakroom Blog provides this report on today's Congressional calendar and activities.
Posted on Constitutionally Correct on November 19, 2009 at 11:00 AM

Feldblum Running Scared

Catholic League: "In 2006, Feldblum signed a statement, 'Beyond Same-Sex Marriage,' that was the most radical, irresponsible assault on marriage and the family ever written . . . Feldblum, however, sensing that her nomination is in trouble, announced just days ago that she wants her name taken off the anti-marriage and anti-family document."
Posted on Constitutionally Correct on November 19, 2009 at 10:57 AM

School District Backs Down From Plan to Hide Kids? Medical Info from Parents

Pacific Justice Institute: "At a packed school board meeting last night, the San Juan Unified School District reversed course and voted 3-2 not to go forward with a proposal to hide information from parents about student absences for so-called 'confidential medical services,' such as abortions."
Posted on Constitutionally Correct on November 19, 2009 at 10:51 AM

Reid Introduces Senate Health Bill That Mandates Federally Subsidized Abortion

"Senate Majority Harry Reid (D.-Nev.) late Wednesday published the final text of a Senate health care bill that would mandate federally subsidized abortion."
Posted on Constitutionally Correct on November 19, 2009 at 10:47 AM

How to Shift Law Firms to a Performance-Based Compensation System

The American Lawyer: "The legal industry loves its traditions, and one of the most entrenched -- embraced by virtually every Am Law 100 firm -- is lockstep associate compensation. But over time, even the best traditions can become anachronisms, and that is the case with lockstep. For several years, the Law Firm Group (LFG) at Citi Private Bank has been
Posted on Constitutionally Correct on November 19, 2009 at 10:43 AM

10 Tips for Beginning a Successful Legal Career

Law.com (Legal Intelligencer): "As another class of law school graduates begins their careers as practicing attorneys, we started to reflect upon our early days as lawyers. Looking back, we realized just how much we didn't know then, and we commented that we wish someone had given us better advice prior to starting our new positions. With that in mind,
Posted on Constitutionally Correct on November 19, 2009 at 10:34 AM

Harvard Law to Finance Fellowships for Jobless Graduates

Law.com (National Law Journal): "The legal job market is dismal for third-year law students -- even those at Harvard Law School. And so administrators at the school have created something of a job safety net in the form of a fellowship program for students who have exhausted other job options."
Posted on Constitutionally Correct on November 19, 2009 at 10:26 AM

Appeal Filed Seeking Acceptance of D.C. Marriage Initiative Petition

Having lost in their attempt to obtain a referendum (see prior posting), opponents of Washington, D.C.'s new law recognizing same-sex marriages performed elsewhere filed an initiative petition in September. The Marriage Initiative would provide that only a marriage between a man and a woman would be recognized in D.C. In an order issued on Tuesday, I
Posted on Religion Clause on November 19, 2009 at 8:25 AM

Groups Will Portray Nativity Scene On Supreme Court Sidewalk

Two groups, Faith and Action and the Christian Defense Coalition , plan this morning to temporarily display a live Nativity Scene on the public sidewalk in front of the U.S. Supreme Court. Christian Newswire reports that the display is part of Operation Nativity and the Nativity Project which promote manager scenes on both public and private property.
Posted on Religion Clause on November 19, 2009 at 8:20 AM

Malaysia Authorities Charge Progressive Muslim Cleric

In Malaysia, Islamic authorities have charged a popular progressive Muslim preacher with conducting a religious lecture in the state of Selangor without authorization from the state's Islamic department. AP reported yesterday that Asri Zainul Abidin plead not guilty in a Sharia court. He charges selective prosecution. Abidin has criticized the country'
Posted on Religion Clause on November 19, 2009 at 8:15 AM

Deputy Proposes Change In Russia's National Anthem to Remove Reference To God

Interfax reported yesterday that a member of the Russian State Duma representing the Communist Party has introduced a bill to change one line in the Russian Federation's national anthem. Deputy Boris Kashin wants to change "You, Our one Native land, protected by God!" to "You, Our one Native land, protected by us!" An explanatory note to the proposal s
Posted on Religion Clause on November 19, 2009 at 8:10 AM

Israel's High Court Denies Rehearing In Grant of Kosher Certification To Messianic

Arutz Sheva reported yesterday that Israel Supreme Court Chief Justice Dorit Beinisch has denied a rehearing in a case in which the court held that the Rabbinate in the city of Ashdod may not impose enhanced supervision requirements in granting a kashrut certificate (kosher certification) to a bakery owned by a Messianic Jew. The Chief Rabbinate Counci
Posted on Religion Clause on November 19, 2009 at 8:05 AM

Think-Tank Charges U.S. Conservatives With Using African Clergy In LGBT Battles

Political Research Associates, a Massachusetts-based progressive think tank, yesterday released a 42-page report titled Globalizing the Culture Wars: U.S. Conservatives, African Churches and Homophobia. The report focuses primarily on developments in Uganda, Kenya and Nigeria. Here are a few excerpts from the Executive Summary: U.S. conservatives have
Posted on Religion Clause on November 19, 2009 at 8:00 AM

Boundaries

Massimo Pigliucci has, I think, an excellent post at his blog, Rationally Speaking, entitled "On the difference between science and philosophy," that nicely captures most of my objections to the attempts by some atheists to smudge the very real lines between science and philosophy and/or to denigrate philosophy.Science, broadly speaking, deals with the
Posted on Thoughts in a Haystack on November 19, 2009 at 1:34 AM

Peas In a Pod

Here's something I did not know before.Anti-vaccination denialists share more in common with creationists than just a disdain for science. Of course, I knew that they shared many of the same tactics: appeals to a nonexistent scientific "controversy;" argumentum ad populum; claims of scientific "elites" choking off "debate;" etc. But I did not know to j
Posted on Thoughts in a Haystack on November 18, 2009 at 11:31 PM

Illinois: Curtain falls on Stages ?adult club? following zoning battle

The Daily Journal: "Stages, the adult entertainment venue at 1045 S. East Ave., closed its doors earlier this month after a five-year zoning battle."
Posted on Constitutionally Correct on November 18, 2009 at 6:32 PM

Europeans meet (secretly) to choose first-ever EU President

Soeren Kern writing at Pajamas Media: "In the absence of a consensus candidate, the contest has degenerated into a race to the bottom. In secretive backroom horse-trading, the center-right, which controls the European Parliament, has staked its claim to the presidency; the center-left will get the foreign policy job. There are now half a dozen or more
Posted on Constitutionally Correct on November 18, 2009 at 6:30 PM

9th Circuit judge orders compensation for denial of same-sex ?spousal? benefits

"Reinhardt deemed the denial of healthcare and other benefits to the spouse of federal public defender Brad Levenson to be a violation of the Constitution's guarantee of due process and discrimination on the basis of sexual orientation, which is prohibited by California state law."
Posted on Constitutionally Correct on November 18, 2009 at 5:42 PM

Catholic Legal Theory and "The Death of Big Law School"

Over at Prawfsblawg, I weighed in on an ongoing discussion about the implications for law schools and legal education of the crisis / meltdown / downturn / setback in the legal-services business. I wrote: "Above the Law" has collected some...
Posted on Mirror of Justice on November 18, 2009 at 5:14 PM

?Austria to allow civil partnerships for homosexual couples?

AFP: "Austria's government agreed a new law Tuesday allowing civil partnerships for homosexual couples, although ceremonies at the civil registry's office will still be banned."
Posted on Constitutionally Correct on November 18, 2009 at 5:02 PM

Poll: Majority favor abortion funding ban

CNN: "A CNN/Opinion Research Corporation survey released Wednesday morning indicates that 61 percent of the public opposes using public money for abortions for women who can not afford the procedure, with 37 percent in favor of allowing the use of federal funds."
Posted on Constitutionally Correct on November 18, 2009 at 5:01 PM

Abortion bill approved by Utah legislative committee

Deseret News: "A bill that would make seeking an illegal abortion a second-degree felony as well as remove any immunity for Utah women seeking illegal abortions was approved by a legislative committee Wednesday morning."
Posted on Constitutionally Correct on November 18, 2009 at 4:56 PM

Canada: McGill pro-life student club suspended

CBC News: "An anti-abortion club has had its campus rights suspended by McGill University's student body council . . . Choose Life has been criticized on different Canadian campuses for distributing graphic anti-abortion literature, including on McGill's downtown campus."
Posted on Constitutionally Correct on November 18, 2009 at 4:51 PM

?DC same-sex opponents file in federal court after failed ballot effort?

SheWired.com: "Attorneys for the Alliance Defense Fund said the suit was filed in D.C. Superior Court. Jackson and other same-sex marriage opponents are vowing an extensive court battle over the issue."
Posted on Constitutionally Correct on November 18, 2009 at 4:34 PM

Group: File 14th murder charge in Fort Hood massacre

Atlanta Headlines Examiner: "'All murder victims ? born and pre-born ? deserve equal justice,' ADF Senior Legal Counsel Steven H. Aden said in a news release. 'Women who volunteer to protect our country deserve to know that the government will enforce the laws that protect their children.'"
Posted on Constitutionally Correct on November 18, 2009 at 12:11 PM

Pastors to Holder: Bible still condemns homosexuality

WorldNetDaily: "The Alliance Defense Fund earlier issued an analysis calling the proposal a 'grave threat' to the First Amendment. Senior Legal Counsel Erik Stanley explained it 'provides special penalties based on what people think, feel, or believe . . . ADF has clearly seen the evidence of where 'hate crimes' legislation leads when it has been tried
Posted on Constitutionally Correct on November 18, 2009 at 12:07 PM

Bridgeton student sues school district for forbidding her to take part in abortion protest

Press of Atlantic City: "'The First Amendment protects both religious and political speech, so it doesn't make a difference,' said David Cortman, an attorney for the Alliance Defense Fund, which is working on the case . . . 'The teen pregnancies in that county are the highest in the state,' Cortman said. 'The school even has policies on this. The issue
Posted on Constitutionally Correct on November 18, 2009 at 12:06 PM

NJ teen barred from abortion protest sues school

Associated Press: "ADF senior counsel David Cortman says his group has intervened in dozens of cases across the country over the six years the protest has been held and has filed suits in about a dozen. He said some have been successful and others are still pending . . . When schools bar the protests, he said, they usually cite the separation of church
Posted on Constitutionally Correct on November 18, 2009 at 12:05 PM

Bridgeton student sues school district over abortion protest

Cumberland County News: "ADF senior counsel David Cortman said his group has intervened in dozens of cases across the country over the six years the protest has been held and has filed suits in about a dozen. He said some have been successful and others are still pending."
Posted on Constitutionally Correct on November 18, 2009 at 11:59 AM

Lawsuits take tolls on cities, counties

NCPA Policy Digest: "A study conducted by California Citizens Against Lawsuit Abuse found that eight of the largest cities and nine of the largest counties in California spent $504.1 million to deal with lawsuits over fiscal 2007 and 2008."
Posted on Constitutionally Correct on November 18, 2009 at 11:55 AM

Fix The ?Faith-Based? Initiative: Americans Oppose Hiring Bias In Publicly Funded�Programs

It?s only a week away from Thanksgiving; the trees have all turned from green to vibrant shades of reds, yellows and browns and a crisp chill in the air puts me on pins and needles as I wait for the season?s first snow. As we reach mid November, the end of the calendar year always [...]
Posted on The Wall of Separation on November 18, 2009 at 11:48 AM

Ohio: Shelby Council defeats prayer legislation

WMFD: "Shelby City Council defeated legislation Monday night to permit a moment of silence and prayer before meetings but it is expected to be addressed again, according to Mayor Bill Freytag."
Posted on Constitutionally Correct on November 18, 2009 at 11:45 AM

David French: Intriguing developments at the Supreme Court

David French, Director of the ADF Center for Academic Freedom, writing at National Review?s Phi Beta Cons blog: "The Supreme Court may be preparing to decide ? once and for all ? whether student groups have a right to reserve membership and leadership for those who agree with the mission and purpose of the organization."
Posted on Constitutionally Correct on November 18, 2009 at 11:41 AM

Same-Sex ?Marriage? and Taxes

Stave Black, Same-Sex Marriage and Taxes (2008). Brigham Young University Journal of Public Law, Vol. 22, pp. 327-357, 2008. Available at SSRN: http://ssrn.com/abstract=1507846 "Frequently the proponents of same-sex marriage cite the difference in tax treatment as one of the reasons that same-sex couples receive discriminatory treatment. The tax code
Posted on Constitutionally Correct on November 18, 2009 at 9:37 AM

EEOC Says TSA Failed To Accommodate Rastafarian's Dreadlocks

In a decision last week, the Equal Employment Opportunity Commission ruled that the Transportation Security Administration violated Title VII of the 1964 Civil Rights Act when it failed to accommodate the need of a Rastafarian baggage screener at Boston's Logan Airport to wear long hair. TSA reprimanded the employee and threatened to exclude him from p
Posted on Religion Clause on November 18, 2009 at 9:15 AM

Cloture Voted On Hamilton's Nomination For 7th Circuit

Yesterday, the U.S. Senate voted 70-29 to invoke cloture and thus end debate on the nomination of Indiana federal district judge David Hamilton to the U.S. 7th Circuit Court of Appeals. (See prior related posting.) As reported by the Christian Science Monitor, opponents raised a number of issues, including Hamilton's short stint after college with ACOR
Posted on Religion Clause on November 18, 2009 at 8:20 AM

Appellate Court Will Consider Procedural Dispute In Ft. Worth Episcopal Diocese Case

As previously reported, the dispute between two groups, both claiming to be the Episcopal Diocese of Fort Worth, Texas, led to a lawsuit in the Texas courts. One of the groups is a break away group that affiliated with the more conservative Anglican Province of the Southern Cone. The other, seeking an order that it still owns the Diocese property, repr
Posted on Religion Clause on November 18, 2009 at 8:15 AM

Student Sues School After Refusal To Permit Participation In Pro-Life Day

A Bridgeton, New Jersey high school student has sued the school board and high school officials alleging that they censored religious, pro-life speech at school on Pro-Life Day of Silent Solidarity. Yesterday the AP reported on the lawsuit in which the student alleged that school officials refused her request to participate in the nationally-sponsored
Posted on Religion Clause on November 18, 2009 at 8:10 AM

Former Editor Sues Washington Times For Religious Discrimination

On Tuesday, Richard Miniter, former editorial page editor of the Washington Times filed a complaint with the EEOC charging the Times with religious discrimination against him, as well as discrimination on the basis of disability and age. According to yesterday's Washington Post, Miniter claims that he was essentially "coerced" into attending a Unifica
Posted on Religion Clause on November 18, 2009 at 8:05 AM

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