Religion & Law

ADF: Maryland high court affirms parental rights for fit parents

Posted on May 20, 2008
The Maryland Court of Appeal ruled Monday in favor of a mother defending her parental rights against a non-parent?s claim to her eight-year-old girl. ADF attorneys filed a friend-of-the-court brief on behalf of the Family Research Council . . .

Glen Lavy v. Lambda Legal Attorney on LA Times: ?As California goes on gay marriage ??

Posted on May 20, 2008
on W. Davidson says the California court?s decision will influence judicial and legislative proceedings across the country but probably won?t affect the presidential election. Glen Lavy predicts that the court?s ruling will spark a multi-state backlash similar to the one in 2004.

What Will Happen to California Same-Sex Marriages if California Voters Ban Same-Sex Marriages in November?

Posted on May 20, 2008
Eugene Volokh explores possible answers to the question on the Volokh Conspiracy blog. Visit Site » Share This

D.C. Circuit: Paper Money Discriminates Against the Blind

Posted on May 20, 2008
The Volokh Conspiracy links to the opinion and has numerous comments on it. Visit Site » Share This

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UK: Teenager faces prosecution for calling Scientology ?cult?

Posted on May 20, 2008
A policewoman later read him section five of the Public Order Act and "strongly advised" him to remove the sign. The section prohibits signs which have representations or words which are threatening, abusive or insulting .

6th Circuit upholds Grand Rapids sexually oriented business ordinance

Posted on May 20, 2008
6th Circuit upholds Grand Rapids' ordinance regulating sexually oriented businesses.

California Assembly passes Harvey Milk day bill

Posted on May 20, 2008
NBC reports: . . . The bill would designate May 22, Milk’s birthday, as Harvey Milk Day in California, and encourage schools to teach students about Milk’s life and contributions. The bill passed the Assembly by a 45-23 vote, according to Leno’s office...

Judgmental Neutrality: When the Supreme Court Inevitably Implies that Your Religion is Just Plain Wrong

Posted on May 20, 2008
Part II will begin with a brief survey of how the Supreme Court's policy of not evaluating the truth of religious beliefs is interwoven with its principle of neutrality toward religion. Part III will state the fundamental assumptions undergirding the Comment and set forth its formal argument, which is grounded in propositional logic.

Dennis Prager: California decision will radically change society

Posted on May 20, 2008
And what is particularly amazing is that virtually none of those who support this decision -- let alone the four compassionate justices -- acknowledge this . .

The Misunderstood Relationship between Originalism and Popular Sovereignty

Posted on May 20, 2008
Instead, this Essay contests the interpretive assertion that proponents of popular sovereignty often make: that originalism is a legitimate means of making sense of the Constitution merely or primarily because of the manner in which the Constitution was ratified and amended.

The Scourge of Contextualism: Ceremonial Deism and the Establishment Clause

Posted on May 20, 2008
Using this approach, this Note demonstrates that the current form of the Pledge of Allegiance is best understood as an unconstitutional endorsement of religion.

The ERISA Church Plan Exception: Why the Lown Test is Improperly Narrow

Posted on May 20, 2008
Part I of this Comment generally discusses the ERISA church plan exception, and how it has been interpreted by the Department of Labor. Part II discusses the judicial interpretation of the exception, and demonstrates how courts are not giving full effect to the statutory language.

Why the First Amendment Permits Sectarian Legislative Prayer and Demands a ?Practice Focused? Analysis

Posted on May 20, 2008
Thus, ?religious speech in the public square? cases that range from high school valedictorians who wish to speak about the role of a particular religion in their life at graduation, to cases where legislators, city council persons, school board members, or invited clergy wish to open legislative gatherings in the name of the deity most personal to them are often met with intense condemnation and scrutiny.

Dale Carpenter: ?The (limited?) potential of the California marriage decision?

Posted on May 20, 2008
Dale Carpenter has this post discussing the California marriage ruling. Visit Site » Share This

Poll Finds Americans Say Abortion Morally Wrong, Embryonic Research OK

Posted on May 20, 2008
Some 48 percent of Americans say abortion is morally wrong . . . while 62% say embryonic stem cell research is ok.

Gambian President warns homosexuals to leave

Posted on May 20, 2008
AllAfrica.com reports: President Alhaji Dr Yahya Jammeh, on Thursday, gave less than 24 hours (until last week Friday) ultimatum to homosexuals, drug dealers, thieves and other criminals, to leave The Gambia or face serious consequences if caught. The president equally warned all those who harbour such individuals to kick them out of their compounds, noting that a [...

Dale Carpenter: Why not polygamy?

Posted on May 20, 2008
Dale Carpenter has this post on the Volokh Conspiracy discussing the slipper slope argument that redefining marriage for same sex couples will lead to redefinition for polygamists. He writes: I am not faulting the California Supreme Court for failing to fully theorize now a distinction it might be required to make years hence...

Canada?s High Court To Hear Case On Mature Minor?s Religious Rights

Posted on May 20, 2008
"Canada's Supreme Court today will hear arguments in A.C. v. Director of Child and Family Services, a case raising the question of whether mature minors have the right under Canada's Charter of Rights and Freedoms to refuse a blood transfusion on religious grounds ...

Survey Finds 16% of High School Biology Teachers Believe In Creationism

Posted on May 20, 2008
Religion Clause blog reports: “New Scientist yesterday reported that a Pennsylvania State University professor’s survey of high school biology teachers reveals that 16% of them hold young earth creationist views.” The report further indicates that 25% of teachers teach evolution alternatives...

Sen. Kennedy has brain tumor, doctors say

Posted on May 20, 2008
en. Edward M. Kennedy has a malignant brain tumor. Doctors for the Massachusetts Democrat say tests conducted after Kennedy suffered a seizure this weekend show a tumor in his left parietal lobe. Preliminary results from a biopsy of the brain identified the cause of the seizure as a malignant glioma, they said ...

Wisconsin student wins settlement in ?John 3:16? drawing case

Posted on May 20, 2008
A settlement reached between Alliance Defense Fund attorneys and the Tomah Area School District means the district will respect students? constitutional right to religious expression in their artwork.

Dreher: The heart of the marriage matter

Posted on May 20, 2008
If you don't like it, your quarrel is more with the men of the Enlightenment than with the justices of the California Supreme Court. And that's a fight you can't hope to win in the West. We are all, as MacIntyre said, either conservative liberals, liberal liberals or radical liberals.

Janice Shaw Crouse: Pornography and Sex Trafficking

Posted on May 20, 2008
. . California lobbyists for the adult entertainment industry estimate that they employ 50,000 people and generate $4 billion a year. That multiple billion dollar figure reveals a pivotal fact about obscenity and pornography.

Erik Stanley on Point of View Radio: The right of pastors to speak on moral issues

Posted on May 20, 2008
ADF attorney Erik Stanley appeared on Point of View Radio with Kerby Anderson to discuss the right of pastors to speak on moral issues. Kelly Shackelford of Liberty Legal Institute is co-host. The mp3 file is here. It runs just over 20 minutes. Visit: ADF Pulpit Project Liberty Legal Institute: Churches and Elections Share This

Tyranny of the atheist minority

Posted on May 20, 2008
After reviewing America's poll numbers and Reagan's responses in today's climate of ACLU lawsuits, hate-crime legislation, secular revisionism and activist judges trumping the will of the people ? one wonders about the future of Lincoln's hope: That government of the people, by the people, for the people, shall not perish from the earth.

MN: State orders charter school to correct 2 areas tied to Islam

Posted on May 20, 2008
An Inver Grove Heights charter school must change the way it handles issues related to Muslim prayer in school and busing for after-school religious instruction or face repercussions, the Minnesota Department of Education said Monday . . .

Iowa: Ex-employee sues Rockwell, claims religious discrimination over diversity document

Posted on May 19, 2008
The GazetteOnline.com reports: A former senior systems engineer claims Rockwell Collins fired him last year because he wouldn’t agree to sign a diversity document that asked him to accept homosexuality. Thomas Meeker of Robins filed the lawsuit this week in U...

Denise Burke: The California Supreme Court?s marriage decision and freedom of conscience

Posted on May 19, 2008
Denise Burke has this post on the Americans U. for Life blog. She writes: In its controversial 4-3 decision on marriage, the California Supreme Court also decided, for the first time anywhere in the United States, that as a matter of state constitutional law, sexual orientation is a ?suspect classification? deserving of heightened protection ...

El Paso: Limiting adult, sex businesses on agenda

Posted on May 19, 2008
The El Paso Times reports: Strip clubs, adult bookstores and adult theaters that have operated outside city limits without restrictions from local government may soon find themselves bound by a new ordinance being considered by the county. “I think it’s way overdue,” Canutillo resident Sarah Garcia said...

Focus on the Family Broadcast: Cal. marriage ruling, a fastrack to challenge the Federal DOMA?

Posted on May 19, 2008
Citizen Link offers this summary and link to the broadcast . Dr. James Dobson is joined by Tom Minnery, Sr. VP of Government and Public Policy at Focus on the Family; Tony Perkins, President of the Family Research Council; and Pastor Jack Hibbs of Calvary Chapel of Chino Hills, California...

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