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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

Germany Officials Outraged Over British Vote for Hybrid Human Cloning

Posted on May 21, 2008
Both political officials and medical leaders in Germany are outraged over a recent vote in the British Parliament to legalize human cloning involving hybrids.

MN Court Rejects Establishment Clause Challenge To Clergy Sexual Conduct Law

Posted on May 21, 2008
The Religion Clause Blog reports: Today’s Winona (MN) Daily News reports that a Winona County District Court has rejected a facial Establishment Clause challenge to Minnesota’s clergy sexual conduct statute . . . At issue was a provision in MN Stat Sec...

Oregon Court of Appeals rejects challenge to marriage ballot initiative

Posted on May 21, 2008
(1) Did Measure 36 embody a "revision" to the constitution that could not originate from a voter initiative? (2) Alternatively, is Measure 36 invalid because it effected multiple amendments to the Oregon Constitution that are not "closely related"? As did the trial court, we answer both of those questions in the negative.

Tennessee Legislature Authorizes Courses On Bible and Its Influence

Posted on May 21, 2008
The Religion Clause blog reports: The Tennessee legislature has passed and yesterday sent to Gov. Phil Bredesen for his signature HB 4089 that authorizes “the state board of education to develop and adopt a curriculum for a state funded elective course consisting of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, [...

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Residents of Israeli Town Burn Bibles Distributed To Them By Missionaries

Posted on May 21, 2008
. . . the battle between traditional Jews and Messianics attempting to convert town residents hit a new level of intensity on Monday. Jews in the town, at the urging of a soundtruck going down a city street, brought copies of the New Testament and other Christian texts that had been distributed to them, for burning ...

Agee?s move to federal court could spark another Va. political feud

Posted on May 21, 2008
ecause the General Assembly, required by the Virginia Constitution to elect all judges. is not in session, it would fall to Gov. Timothy M. Kaine to fill a vacancy on the state's high court.

NY Times opposes Supreme Court ruling upholding child porn trade prohibitions

Posted on May 21, 2008
This time, the court upheld the law by a 7-to-2 vote. That creates a bizarre contradiction. Fake child pornography is protected, but marketing fake child pornography is not. As Justice David Souter noted in dissent, it makes no sense to criminalize proposing to sell items that are themselves constitutionally protected.

Ark. judge who sought free speech voted off bench

Posted on May 21, 2008
The AP reports: “An appeals court judge who successfully battled an ethics panel for the right to criticize President Bush and the war in Iraq was voted off the bench Tuesday, six years after his remarks first attracted controversy.” Visit Site » Share This

9th Circuit revives challenge to miltary?s ?Don?t Ask, Don?t Tell? policy

Posted on May 21, 2008
The court a revived due process challenge to the military's Don't Ask, Don't Tell policy and held that the policy should be reviewed under an intermediate scrutiny standard. The dissent argued for "strict scrutiny."

?Gay Man Elected Portland, Oregon Mayor?

Posted on May 21, 2008
365Gay.com reports: “Portland, Oregon City Commissioner Sam Adams had little difficulty winning Portland’s mayoral race Tuesday, becoming the [...]

Wisconsin: Teen arrested for posting photos of naked ex-girlfriend on MySpace

Posted on May 21, 2008
The Wisconsin teenager is facing felony child pornography charges for allegedly posting naked photos of his 16-year-old ex-girlfriend on his MySpace page. When contacted by police about the two images, Phillips, 17, balked at removing the pictures of the girl.

An Historical and Constitutional Analysis of Why Section 501(C)(3) Does not Apply to Churches

Posted on May 21, 2008
This article recommends that the government, the courts and the IRS totally exclude churches from the political activity restrictions in section 501(c)(3). That is, leave churches alone. Do not tax them, do not regulate the content of their sermons and do not otherwise infringe upon their constitutional liberties of free speech and religion in any other way.

Beyond marriage redefinition: Societal degenderization and indifference to biological parenthood

Posted on May 21, 2008
The state must hold that mothers and fathers are completely interchangeable . . . The state will be indifferent as to whether children have any connection with their biological parents . . .

Gov. Arnold: Let homeschooling continue

Posted on May 21, 2008
California Gov. Arnold Schwarzenegger and other officials have told an appeals court there's no need to dig into state constitutional issues regarding homeschooling since state laws already provide for that choice for parents.

N.T. Wright: Ignoring the Creator?s Original Intent on Marriage

Posted on May 21, 2008
For the vast majority of human history across cultures and geography, and for all the great religious traditions, 'marriage' and its equivalent words in different languages has referred to the (intentionally lifelong) union of a man and a woman.

Trial on Thursday: ADF represents biological mom opposing parental rights for former lesbian partner in Montana

Posted on May 21, 2008
Alliance Defense Fund Senior Legal Counsel Austin R. Nimocks will argue before the Missoula County Fourth Judicial District Court on behalf of a mother who is asking the court to reject visitation and parental rights demanded by a woman not biologically or legally related to her children.

The Family Educational Rights & Privacy Act of 1974: Recommendations for Realigning Educational Privacy with Congress? Original Intent

Posted on May 21, 2008
Primarily, this Note will suggest amending FERPA's definition of education records to make more certain what types of information FERPA protects. Secondarily, this Note will suggest reformations to allow individuals to file lawsuits against educational institutions for FERPA violations.

Why RLUIPA Should not be Amended to Regulate Eminent Domain Actions Against Religious Property

Posted on May 21, 2008
This Comment will argue that RLUIPA does not cover eminent domain actions and should not be amended to subject eminent domain actions against religious property to strict scrutiny review.

Shepp v. Shepp: The Right of Parents in Pennsylvania to Advocate Religious Views that would Constitute a Crime if Acted Upon

Posted on May 21, 2008
Part IV argues that the restriction preventing the father from advocating polygamy to his child should have been upheld. It criticizes the majority opinion for not providing the trial court with the broad discretion it needs when making determinations of a child's best interest and for ignoring the factual findings that support the trial court's decision to limit the advocacy.

Is the Ban on Participation Campaigns by Charities Essential to their Vitality and Democracy?

Posted on May 21, 2008
Charitable institutions are facing heightened scrutiny by the Internal Revenue Service (?IRS?), the agency responsible for enforcing the ban. Headlines in leading news media reveal the seriousness with which the IRS is pursuing its enforcement mandate, in part through its recent and ongoing compliance initiative.

Political Judges and Popular Justice: A Conservative Victory or a Conservative Dilemma

Posted on May 21, 2008
In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal courts...

4th Circuit strikes down Va. partial birth abortion ban

Posted on May 20, 2008
The appeals court cited a key difference between the federal and state bans on the procedure that abortion opponents call "partial-birth abortion." The federal law protects doctors who set out to perform a legal abortion that by accident becomes the banned procedure.

Massachusetts Senator Proposes Additional $300,000 for Pro-Homosexual Programs in Schools

Posted on May 20, 2008
"State Senator Dianne Wilkerson has filed a budget amendment to increase taxpayer funding for the pro-homosexual school programs by a whopping $300,000."

Survey: 70 Percent of Americans Find Divorce ?Morally Acceptable?

Posted on May 20, 2008
n alarming 70 percent of Americans now believe that divorce is ?morally acceptable,? according to a recent poll by Gallup?s 2008 Values and Beliefs survey.

Oppose media manipulation of headlines in the marriage definition debate

Posted on May 20, 2008
The real battle here is about the definition of marriage or its redefinition. Unfortunately, most media outlets seem to have a policy of deliberately manipulating stories and/or headlines to ensure that it is always about "gay marriage," a phrase that favors those who would redefine marriage and that is less accurate in conveying what this battle is truly about

Milwaukee Bureau of Child Welfare Violates Rights of Private School Parents and Students ? Again

Posted on May 20, 2008
The decision upholds a lower court ruling that Bureau of Milwaukee Child Welfare case worker Dana Gresbach violated the Fourth Amendment rights of a brother and sister when she partially disrobed and viewed them at the private school where they were enrolled in the third grade.

The Divorce Generation

Posted on May 20, 2008
It is a common, oft-repeated statistic: One in two American marriages will end in divorce?even within the Church. It hangs over our nation like a dark cloud. But what is truly sobering is that an entire generation of Americans has grown up in a culture where statistically, divorce is every bit as normal as marriage itself.

Fourth Circuit Nominee Confirmed

Posted on May 20, 2008
The National Review Bench Memos blog reports: “A couple hours ago, the Senate unanimously confirmed the nomination of Virginia supreme court justice G. Steven Agee to the Fourth Circuit. Nominations to the four remaining Fourth Circuit vacancies?out of a total of 15 seats?remain pending...

Pro-Life Groups Support Parents in Ohio Teen?s Secret Abortion Court Case

Posted on May 20, 2008
LifeNews.com reports: A coalition of pro-life groups has filed a legal brief with the Ohio Supreme Court in support of the parents of a teenager who had a secret abortion [...]

Jordan Lorence on Lars Larson: California?s marriage ruling, the slippery slope and impact on other states

Posted on May 20, 2008
ADF attorney Jordan Lorence appeared on the Lars Larson Show to discuss California’s marriage ruling. The mp3 file is here. It runs just over 18 minutes. Share This

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