There is an interesting case out of Idaho that could be a critical showdown between anti-discrimination laws and freedom of exercise of religion. At the heart of the controversy are two Christian ministers, Donald and Evelyn Knapp, who own a Coeur d’Alene wedding chapel. They have been told that they must either perform same-sex weddings or face a $1000 fine. It raises a legitimate claim of the encroachment of state laws into areas of faith — a question that has been previously raised in less direct ways involving bakeries, photographers and other businesses that has refused for religious reasons to service same-sex marriages. We have previously discussed the difficulty in drawing lines under the First Amendment. If this business is protected, then why is not a bakery of religious individuals? Conversely, if this business is not protected, how about all of the religions that accept payments for religious services?
Category: Constitutional Law
It is relatively rare for a judge to be placed into a position of having to determine who gives a sermon at a church but that unenviable position was forced upon Montgomery County Circuit Judge Charles Price who was faced with an uprising against Rev. Juan McFarland, 47, at his Shiloh Missionary Baptist Church. They had good cause to want McFarland out. The not-so-good reverend has admitted to using drugs, having sex with church members in the church building and having HIV but not telling sex partners. Price, a GW grad who was honored for this service by having the courthouse named after him and , ordered him to step aside.
We often discuss the disconnect of religious fanatics who rape or beat or kill women and girls in the name of morality. Often such abuses seems to be condoned by governments like Iran. However, after a series of acid attacks on women for not being properly veiled, the Iranian government is actually investigating and denouncing the attacks.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
I can still remember the first time I voted in a National election. I was a young, 18-year-old student and I could finally have a say in who was going to run the country. It was a proud day for me and the countless other 18 year olds who were also voting for the first time. I can honestly say that I have not missed voting in any election since. That includes both primary and general elections. There wasn’t always a lot to vote for in some of those primaries over the years, but I consider voting a duty, so I made sure that I made it to the polls.
It hasn’t always been easy for all citizens to cast their vote. Even in my lifetime, the Jim Crow laws of the South made it difficult, at best for African-Americans citizens to register and to cast their ballots. After years of protests and legal battles, I thought the Jim Crow style of voter suppression was a thing of the past. It turns out I was wrong. Very wrong. Continue reading “Voter ID Unmasked”
There is a sad story out of London that is a commentary on the mutating influence of anonymity on the Internet. Brenda Leyland killed herself after being confronted about her online abuse of the parents of the missing girl Madeleine McCann. Sky News tracked her down as the troll responsible for thousands of hate filled messages to Kate and Gerry McCann, whose three-year-old daughter went missing in Portugal in 2007. Continue reading “Death of a Troll: Suicide Highlights The Perils and Prosecution of Anonymous Speech”
While President Barack Obama continues to assure the public that he is protecting privacy and the press, his Administration continues to do precisely the opposite in court with comprehensive attacks on civil liberties. A good example is the continued abuse of two-time Pulitzer prize winner and New York Times investigative reporter and author James Risen. Risen continues to be threatened by the Justice Department with arrest because he is protecting the identity of his sources. Risen spoke this weekend and observed simply that “Obama hates the press.”
Continue reading “New York Times Reporter: “Obama Hates The Press””
There has been some predicable and understandable objections to the selection of Mumia Abu-Jamal, the convicted killer of Philadelphia Police Officer Daniel Faulkner in 1981, as this year’s commencement speaker for Goddard College in Vermont. Faulkner’s widow and others have decried his recorded appearance from Mahanoy state prison in Frackville, Pennsylvania. However, as is all too often the case, politicians have responded to such good-faith objections with a highly questionable, poorly crafted law that allows victims to seek injunctions in future such cases.
There is an interesting dimension to the ongoing circumvention of the Constitution over our latest undeclared war. While some Administration officials are finally calling our attacks in Syria as a “war,” the discomfort over defining this indefinite campaign has led to equal discomfort over naming it. After two months of airstrikes and statements that the campaign will likely go on for years, the Administration still have not named this war. The choice would now seem obvious: Operation Voldemort, the war which must not be named.
Continue reading “Operation Voldemort: The War Which Must Not Be Named”
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
I have written in the past about our large financial institutions and their uncanny ability to break the law and escape any criminal penalties at the corporate or personal level. If the Department of Justice had actually indicted a Bank of America official and procured a criminal conviction, that Bank of America official could have assisted the corporate office in their no-bid contract to handle all of the federal prison systems inmate financial services and email services.
“A few blocks north, however, at the New York Metropolitan Correctional Center, there exists a market that Bank of America has locked down, literally. For the 790 federal prisoners incarcerated at MCC, Bank of America controls the provision of money transfers, e-messaging and some telephone services.
The bank’s monopoly extends across the federal Bureau of Prisons system—121 institutions housing 214,365 inmates. Since 2000, Bank of America has collected at least $76.3 million for its work on the program.” Readersupportednews That would be $76.3 Million dollars in the Bank of America coffers without any need or worry about having to compete for this latest sweetheart deal. Continue reading “Banks Have the Federal Prison System Handcuffed”
Submitted by Darren Smith, Weekend Contributor
Today we feature the City of Everett, Washington, a city with a few rather interesting municipal codes. Several ordinances on the book should serve as both lessons in unconstitutionality and comic relief. From prohibitions on certain public gatherings, to regulations on ducks to criminal impersonation of crossing guards, Everett can bring an assortment of entertainment for the unsuspecting tourist.
Continue reading “The Laws Of Everett, Washington: The Unconstitutional And The Bizarre”
When the Obama Administration sent in a team to investigate civil rights violations in the 2012 shooting death of Trayvon Martin, some of us expressed doubt over the basis for such a charge as well as the timing of the federal move into the case. Indeed, I was highly skeptical of how the case was charged and prosecuted. Now the Washington Post is reporting that, after two years of investigation, Justice officials do not believe that they have sufficient evidence to bring federal charges.
Recently I spoke at Utah Valley University about the private regulation of speech, particularly in businesses curtailing not just workplace speech but speech outside of the workplace. We have discussed such incidents where people were fired for YouTube videos or drunken scenes. This “little brother” problem falls outside of the first amendment which addresses government regulation of speech. As a result, businesses have wide latitude in punishing employees for private conduct, though some states have laws protecting some forms of speech and employment such as voting and political activities. We have a new such case involving a woman in Ontario who shot and posted a video of her berating a neighbor for flying a Mexican flag. The video caused many to be understandably angry with Tressy Capps, who didn’t seem to see how obnoxious she appeared in her own posted video. However, it has not escaped her employer, which proceeded to fire her.
Continue reading “Activist Fired After She Posts Video Berating Family For Flying Mexican Flag”
Various media outlets are reporting the latest outrage from Sharia courts. Iranian authorities have reportedly executed Mohsen Amir-Aslani, 37, for allegedly “insulting” the prophet Jonah and accused him of committing adultery. For that exercise of free speech and freedom of religion, a Sharia court had him hanged.
Continue reading “Iran Executes Man For “Innovations” On Religion And Insulting Job”
There is an interesting protest growing on the campus of Brigham Young University where students are opposing a rule imposed by the school. The subject of the protests is rather unique. No it is not a war protest or some other usual campus cause. It is facial hair. The university has banned beards, a curious rule to be sure for a school named after Brigham Young who would have been banned from campus due to his facial hair.
Continue reading “Forever Young: Student Protest BYU Ban on Beards”
Below is my column on the resignation of Eric Holder as United States Attorney General. For civil libertarians, Holder’s tenure as Attorney General under President Obama has been one of the most damaging periods in our history with a comprehensive attack on various constitutional rights and principles from free speech to the free press to international law. In recent polling by NBC and the Wall Street Journal, Holder was the second most unpopular government official after the positively radioactive Arizona Sheriff Joe Arpaio.
As someone who previously called for Holder’s firing after the investigation of various journalists under national security powers, I am hardly one who can offer congratulatory sentiments for such a record. However, much like President Obama, one has to wonder what could have been if Holder had chosen a more principled and less political approach to his office. Holder is resigning the same week that a federal judge ordered the release of “Fast and Furious” documents after the Justice Department was accused of a pattern of delay and obstruction. Holder was previously held in contempt by Congress for his withholding documents and conflicting accounts to an oversight committee looking into the scandal. Indeed, Holder was looking at an even more aggressive period with the possible loss of the Senate and increased GOP seats in the House.
Ironically, Holder came into office trying to distinguish himself from such disastrous predecessors as Alberto Gonzales but proved no less political or blindly loyal to his own president. Indeed, both men fought aggressively to expand the powers of the presidency and national security laws over countervailing individual rights and separation of powers principles. It will be civil liberties and not civil rights that will be the lasting, and troubling, legacy of Eric Holder. The column is below:
Continue reading “The Holder Years and The Perils Of Politics Over Principle In Government”