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Religion & Law

Constitutionally Correct

Advocates "religious freedom", though not a strong separation of church and state.
By Alliance Defense Fund

Post Frequency: 97.3/day

Last Entry: April 01, 2011 at 18:15:31

?Gay groups grow impatient with Barack Obama?

Posted on June 04, 2009
Politico: "President Barack Obama?s promises of change are falling short for one core Democratic constituency: gays and lesbians, whose leaders say Obama?s administration isn?t keeping up with the times."

Court bans Bible from Kindergarten show-and-tell

Posted on June 04, 2009
CitizenLink: David Cortman, senior legal counsel with the Alliance Defense Fund, called it a clear violation of the First Amendment. 'This assignment was titled ?All about me,? not 'All about the school,'' he said. 'The student?s freedom of religion should?ve been respected...

Ninth Circuit upholds resolution urging Catholics to permit same-sex adoptions

Posted on June 04, 2009
"The resolution was passed in response to the Vatican's directive that Catholic social service agencies should not place children in same-sex households."

Douglas Napier discusses church bells lawsuit on KFYI

Posted on June 04, 2009
ADF Senior Legal Counsel Douglas Napier appeared on the J.D. Hayworth Show on KFYI with Terri Gilberg to discuss the Phoenix bishop convicted for ringing church bells. The mp3 runs about 33 minutes.

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Phoenix bishop sentenced in bell-ringing case

Posted on June 04, 2009
Associated Press: "A Phoenix church leader has received a suspended 10-day jail sentence for violating a city noise ordinance because of his church's bells . . . Painter has retained attorneys with the Alliance Defense Fund to pursue legal options to defend his rights...

ACLU picks on school district, eventually loses

Posted on June 04, 2009
David Cortman, senior legal counsel with the Alliance Defense Fund (ADF), explains that the school initially capitulated to the ACLU's demands . . . '[The] ACLU tends to pick on smaller communities throughout the country and basically looks to completely eradicate any mention of religion at all in the public square,' the attorney explains...

Gov. Lynch signs NH bill redefining marriage

Posted on June 04, 2009
Reuters: "New Hampshire's Democratic-controlled House of Representatives endorsed gay marriage in a 198-176 vote, hours after the state Senate approved the legislation 14-10 along party lines, making the state the fourth this year to back gay marriage in the United States...

NYCLU seeks records regarding Suffolk County?s rejection of same-sex ?marriage? ad

Posted on June 04, 2009
New York ACLU press release: "The New York Civil Liberties Union today filed a formal freedom of information request for records regarding Suffolk County?s recent rejection of a local LGBT rights group?s attempt to place advertisements expressing support for same-sex marriage on county buses...

What to do with excess embryos?

Posted on June 04, 2009
Leanne Larmondin, Religion News Service: "The Rev. Tad Pacholczyk, director of education at the National Catholic Bioethics Center in Philadelphia, said Christian ethicists have been predicting disaster for years as they watched the growth of the 'multibillion-dollar' fertility industry...

Bosnia?s religions unite against same-sex ?marriage?

Posted on June 04, 2009
Balkan Insight reports: "Bosnia?s Inter-Religion Council, representing the country's Catholic, Islamic, Jewish and Orthodox communities, has made an exceptional unified stand in protest against a law that could legalise gay marriages, local media reported on Wednesday...

?Same-sex wedding cards going mainstream?

Posted on June 04, 2009
Tony Hicks reports in the Contra Costa Times: "Hallmark, the world's largest greeting card company, has started marketing cards for same-sex weddings and civil unions. The company began developing four same-sex union cards in July 2008, just two months after California's state Supreme Court ruled it unconstitutional not to allow same sex couples the right to marry...

The Birth of Criminal ?Pandering? and the Death of Free Speech Coalition?s ?Actual Child? Requirement: The Implications of United States v. Williams

Posted on June 04, 2009
University of La Verne Law Review: "Supreme Court approval for a law that criminalizes the pandering of illegal materials, even when the actual materials are not illegal, represents an unprecedented change in the law. This Note first addresses the the statutory regulation of child pornography...

May Religious Worship be Excluded from a Limited Public Forum?

Posted on June 04, 2009
University of Hawaii Law Review: "The Supreme Court has struck down every attempt to exclude private religious speakers from limited public forums. In every such case that has reached it, the Court held that the particular exclusion at issue violated the First Amendment Speech Clause, and that the inclusion of religious speakers did not violate the First Amendment Establishment Clause...

Judicial Discretion in Talmudic Times and the Modern Era

Posted on June 04, 2009
Cardozo Public Law, Policy and Ethics Journal: "In this Article, I explore judicial discretion under Halakhic law, Anglo-American law, and Israeli law. In Part I, I compare the differences in treatment of judicial discretion between the Palestinian Talmud and the Babylonian Talmud...

Confronting the Shadow: Is Forcing a Muslim to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?

Posted on June 04, 2009
Pepperdine Law Review: "While similar cases have arisen in this country and abroad, nothing on the books is binding in the situation where a veiled Muslim woman testifies against a criminal defendant. Unsettling as this may be, the good news is that the United States Supreme Court has already laid out all of the rules necessary to formulate an answer...

Janice M. v. Margaret K.: Eliminating Same-Sex Parents? Rights to Raise Their Children by Eliminating the De Facto Parent Doctrine

Posted on June 04, 2009
"In Janice M. v. Margaret K., the Court of Appeals of Maryland considered whether de facto parent status was a recognized legal status in Maryland and, if so, whether de facto parents could seek custody or visitation of a child over the objections of legal parents based solely on a determination of the child's best interests...

RLUIPA and the Individualized Assessment: Special Use Permits and Variances Under Strict Congressional Scrutiny

Posted on June 04, 2009
University of Hawaii Law Review: "The ?individualized assessments? to which RLUIPA refers can potentially encompass many types of land use regulations. However, this paper focuses on zoning exceptions-specifically, the special use permit and the variance...

Louisiana: Northshore lawsuit over ?morning-after? pill

Posted on June 04, 2009
Jay Vise reports at WWL: "A Northshore jury could soon hear the case of a nurse who claims she was fired because of a principled stand on her religious beliefs . . . An attorney for Toni Lemly says the she was a productive employee of St. Tammany Hospital in Covington, when she was asked to distribute the 'morning after pill...

Officials in Md. can?t shake violations against young pro-life advocates

Posted on June 04, 2009
"A federal judge refused Wednesday to grant motions by the Maryland State Police, Harford County, and the city of Bel Air to dismiss a lawsuit brought against them by Alliance Defense Fund attorneys on behalf of three young pro-life women."

N.H. ?gay marriage? law could be reversed

Posted on June 04, 2009
Baptist Press: "Jim Campbell, an attorney with the Alliance Defense Fund, another religious liberty legal organization, said a statute would be more likely to be overturned in court if it did nix previous marriages. But he agreed that New Hampshire could, if it wanted, reverse course on the overall issue of 'gay marriage' legalization...

President Obama, Notre Dame, and a Dialogue that Witnesses

Posted on June 04, 2009
David L. Schindler, writing in Communio Magazine: "I nevertheless do mean to ask quite literally whether there is not resident in America?s dominant liberal culture a peculiar tendency toward a 'compassionate' and 'subtle' violence driven by techno-science that rivals the worst evils of history...

Florida Bar support in same-sex adoption case upheld

Posted on June 04, 2009
"The justices noted they have taken no position on the gay adoption ban, ruling only on the narrow issue of whether the bar can take a position."

1st Circuit: Fear of sex trafficking doesn?t warrant asylum

Posted on June 04, 2009
Courthouse News Service: "A Lithuanian woman's fear that she or her daughter would be abducted and forced into prostitution does entitle them to asylum in the United States, the 1st Circuit ruled." The opinion is here.

Sotomayor Senate Judiciary Committee questionnaire

Posted on June 04, 2009
The questionnaire completed by Judge Sonia Sotomayor is available at the website of the Senate Judiciary Committee. Via How Appealing.

A major force in education: Homeschooling in America

Posted on June 04, 2009
Al Mohler writing in the Christian Post: "Homeschooling is now a major force in American education, and Christian parents have been in the vanguard of this movement. For many Christian parents, homeschooling represents the fulfillment of the biblical mandate for parents to teach their children...

Maryland: Easton passes 9-month SOB moratorium

Posted on June 04, 2009
Associated Press: "The Easton Town Council has passed a nine-month moratorium on adult businesses in a step toward banning them entirely."

Pa. Senate to weigh contrasting measures on same-sex ?marriage?

Posted on June 04, 2009
Amy Worden reports in the Philadelphia Inquirer: "Hoping to capture the pro-gay-marriage momentum in other state legislatures, Sen. Daylin Leach (D., Montgomery) yesterday introduced the state's first bill to legalize same-sex marriage."