Florida mayor candidate claims Jesus endorsement
Source
Florida mayor candidate claims Jesus endorsement
Associated Press Tue May 14, 2013 12:09 AM
NORTH MIAMI, Fla. — One of seven candidates vying to become the next mayor of North Miami is claiming the endorsement of none other than Jesus Christ.
Candidate Anna Pierre, who is a registered nurse, told The Miami Herald
(http://hrld.us/13flXcL)
that Jesus came to her in a dream and provided what she believes is a firm endorsement. The campaign flier posted on her Facebook page reads “Anna Pierre, RN, is endorsed by Jesus Christ” complete with a photo of Jesus.
Earlier in the campaign, Pierre claimed she was the victim of a voodoo attack and death threats. Last week, candidate Jean Marcellus was punched in the face by an acquaintance who didn’t want him to run.
Voters go to the polls Tuesday in the North Miami race.
North Miami mayoral candidate endorsed by Jesus???
Source
North Miami mayoral candidate says she was endorsed by Jesus
By Nadege Green and Marc Caputo
ngreen@miamiherald.com
North Miami’s unpredictable election exploits entered the final day on a divine note: a mayoral candidate claiming she was endorsed by Jesus Christ.
Anna Pierre, who previously said she was a victim of Vodou sorcery, posted the message in a campaign-style flier featured on her Facebook page.
Reached on Monday, Pierre said Jesus came to her in a dream.
“I had a revelation when I was going to give up on this race. I had a dream. I know what I saw,” she said. “A figure I can’t explain told me, ‘Don’t be afraid. I am your friend. I am walking with you side by side. You are not alone.’ I felt it was from heaven. It was an endorsement by Jesus.”
Meanwhile, District 2 candidate Joseph Haber was passing out “clean up city hall” soap to voters . And a week ago, mayoral candidate, Jean Marcellus was punched in the mouth by an acquaintance who didn’t want him to run for office.
The theatrics and eyebrow raising moments on the campaign trial should come to an end Tuesday, when North Miami voters go to the polls to choose a mayor and two City Council members.
Pierre, a registered nurse who sings the Creole language hit Suk Su Bon Bon (“Sugar on my Cookie”), said Jesus reassured her that she can overcome all obstacles placed in her way.
“I was a victim of Vodou, death threats. People accused me of putting a negative light on the Haitian community. Jesus is my friend, my salvation,” Pierre said.
Seven candidates are vying for mayor: Pierre, Marcellus, Lucie Tondreau, Modira Escarment, Smith Joseph, Gwendolyn Boyd and Kevin Burns.
In the District 2 race, incumbent Michael Blynn faces Carol Keys and Haber. And Jacques Despinosse, Philippe Bien-Aime and Hans Mardy are running for the District 3 seat left vacant by Marcellus.
Arizona could deny resources for federal laws under bill
I suspect this is something the Founders would agree with. I know in the Federalist Papers that the Founders said that if a state government didn't like a Federal law that one option was for the state government to simply not obey the Federal law.
And of course this would apply to stuff like the insane and unconstitutional "war on drugs" which is clearly unconstitutional per the 10th Amendment, despite the Supreme Courts ruling that the "war on drugs" is Constitutional per the "interstate commerce" clause.
Of course sadly when it comes to mixing religion and government, the tyrants in Arizona
government probably flush the First Amendment down to toilet far more then the tyrants
in the Federal government do.
Source
Arizona could deny resources for federal laws under bill
By Alia Beard Rau The Republic | azcentral.com Tue May 14, 2013 9:59 PM
Arizona voters in 2014 will decide whether the state can deny resources to federal laws or programs it deems unconstitutional.
The Legislature on Tuesday gave final approval to Senate Concurrent Resolution 1016, its latest effort to flex state muscle against the federal government. The measure will go on the November 2014 ballot. It proposes to allow either the governor and state Legislature or voters to refuse to use state personnel and resources on any federal law or action deemed to be inconsistent with the U.S. Constitution.
Sen. Chester Crandell, R-Heber, sponsored the bill.
“We need to stand up and use our sovereign rights and this is another tool in the toolbox to be able to do that,” he said in a public hearing on the bill.
Former state lawmaker and unsuccessful Republican congressional candidate Jonathan Paton and Phoenix businessman Jack Biltis are behind the resolution.
This is a second attempt at passing such a measure by Biltis, who runs an employer-services firm. He spent more than $1 million of his money on an unsuccessful 2012 effort to put a similar measure on the ballot. The Checks and Balances in Government initiative lacked enough valid signatures to qualify, elections officials said.
Biltis said in committee hearings on SCR 1016 that he would again invest his own money in campaigns for the measure.
Paton told lawmakers during a committee hearing that he believed the measure is constitutional based on Supreme Court rulings. He said the court clearly ruled the federal government cannot “commandeer” a state to act in support of a federal law.
“We can’t stop the federal government directly ... but we can say how we are going to use our resources within the environs of our own state,” he said. “We have the power as a state to decide what’s right for our state.”
States, including Arizona, have pushed for measures in recent years to ignore certain federal laws, such as “Obamacare” or proposed gun restrictions. Paton said this is not “nullification” — a state refusing to enforce a federal law — but rather a broad solution that can be used whenever a situation arises.
“I don’t envision this as a left or right issue,” he said. “I envision this as a checks and balances issue.”
House Minority Leader Chad Campbell, D-Phoenix, said he envisions the bill as “a complete waste of time.”
“It’s talking about not wasting money on things we feel are unconstitutional at the state, but the referendum itself is unconstitutional,” he said. “You can’t supersede federal authority.”
He said there are already checks and balances against the federal government overstepping its bounds — the courts.
And that, he said, is exactly where this would end up. He said if voters or the Legislature decide to deny services for a certain federal action, the federal government will likely sue and the courts will still be the deciding factor in the end.
“This is just another example of the figurative finger-pointing we’ve been doing at the federal government ... and in some cases, the literal finger-pointing,” he said.
Egyptians targeted with blasphemy charges
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Egyptians targeted with blasphemy charges
By MAGGIE MICHAEL | Associated Press
CAIRO (AP) — The pale, young Christian woman sat handcuffed in the courtroom, accused of insulting Islam while teaching history of religions to fourth-graders. A team of Islamist lawyers with long beards sang in unison, "All except the Prophet Muhammad."
The case against Dimyana Abdel-Nour in southern Egypt's ancient city of Luxor began when parents of three of her pupils claimed that their children, aged 10, complained their teacher showed disgust when she spoke of Islam in class. According to the parents, Abdel-Nour, 24, told the children that Pope Shenouda, who led the Egyptian Coptic Church until his death last year, was better than the Prophet Muhammad.
Blasphemy charges were not uncommon in Egypt under the now-ousted autocrat Hosni Mubarak's regime, but there has been a surge in such cases in recent months, according to rights activists. The trend is widely seen as a reflection of the growing power and confidence of Islamists, particularly the ultraconservative Salafis.
"Salafis are the engineers of these stories," said Abdel-Hamid Hassan, a Muslim and the head of the parents' council at the primary school where Abdel-Nour teaches. Hassan's daughter was among several students who denied any wrongdoing by Abdel-Nour.
"If the pope himself came here from the Vatican and tried to spread Christianity among us, he would fail. We learn about our religion starting from the age of 5," he said, alluding to the allegation against Abdel-Nour, since withdrawn, of "spreading Christianity."
Criminalizing blasphemy was enshrined in the country's Islamist-backed constitution that was adopted in December.
Writers, activists and even a famous television comedian have been accused of blasphemy since then. But Christians seem to be the favorite target of Islamist prosecutors. Their fragile cases — the main basis of the case against Abdel-Nour's case the testimony of children — are greeted with sympathy from courtroom judges with their own religious bias or who fear the wrath of Islamists, according to activists.
The result is a growing number of Egyptians, including many Christians, who have been convicted and sent to prison for blasphemy.
In at least one celebrated case, the offense was clearly provocative: Seven Coptic Christians living in the United States received death sentences in absentia for producing an anti-Islam film that sparked waves of protests by ultraconservative Islamists in front of U.S. embassies across the Arab world on Sept. 11, 2012.
But rights groups say the vast majority of blasphemy cases are merely attempts by Islamists to crack down on their opponents.
"Islamists are using the law to hunt down critics to the Muslim Brotherhood, and the Christians are the weakest," said Medhat Klada, a Switzerland-based Coptic Christian activist whose organization Copts United tracks such cases. "The numbers of Christians implicated is unprecedented," he added.
Many believe that restrictions on freedoms are more severe under Mohammed Morsi of the Muslim Brotherhood, Egypt's first freely elected president, than during his predecessor's 29-year reign.
Under Mubarak, "you might have had 50 cases, which means a case or two a year on average, but now you have like 10 cases in a year," said Mamdouh Nakhla, who leads The Word Group for Human Rights and focuses on Christian-related persecution.
Freed Tuesday on nearly $3,000 bail after almost a week in detention, Abdel-Nour is due to stand trial on May 21. Her family refused several requests by The Associated Press to speak to her. Her father, Ebid Abdel-Nour, said: "She is innocent. God be with us. She can't talk because she is in very bad condition."
Emil Nazeer, a Christian activist who visited her, says she is suffering a "nervous breakdown."
Rights advocates see cases like Abdel-Nour's as politically motivated persecution. They say the verdicts tend to be harsher in southern Egypt, where Islamists are particularly powerful and Muslims are more conservative.
"Any move or word by a Christian is enough to get the rumor mill working," said Amr Ezzat, a prominent researcher in Islamic groups at the Cairo-based Egyptian Initiative for Personal Rights (EIPR). "Rumors quickly spread in villages or the towns where the radar of Islamist activists detect them and turn them into a rallying cry under the pretext that Islam's supremacy is endangered."
Salafis advocate an uncompromising and literal interpretation of the Quran, believing society must mirror the way the prophet and his immediate successors ruled in the 7th century. Some Salafi-based political groups are at odds with Egypt's Muslim Brotherhood, an Islamist group from which Morsi hails, while others are avid supporters of his government.
Part of the Salafis' antagonism toward Christians is rooted in the belief that they were a protected group under Mubarak's regime while they, the Salafis, were persecuted. Now empowered, they may be out to exact revenge on the Christians, who make up about 10 percent of Egypt's 90 million people.
The Egyptian Federation for Human Rights, led by former judge Naguib Gibrael, detects a trend in the number of lawsuits and court rulings leveled against Christians and school teachers in particular over the past year.
Gibrael, a lawyer who is representing Abdul-Nour, says it's his 18th case defending Christians — several of them teachers — detained over insulting Islam. He says his 17 other clients received three to six years in prison. They go to appeals courts, hoping for retrials or lighter sentences.
Another rights group, the EIPR, said it chronicled at least 36 blasphemy cases in 2011 and 2012, including more than 10 convictions, and that Christian school teachers were frequent targets.
"Teachers are an easy target," said Gibrael. "Any two students can say anything about their teachers. Islamist teachers collect signatures, and quickly Islamists move a case, then terrorize the court by holding protests and besieging the court building until the judge issues a verdict. I have seen it all," he said.
In Cairo, public figures who have lately faced blasphemy accusations or trials like movie star Adel Imam were all cleared, thanks to media attention, lobbying by rights groups and heavy police presence.
In rural areas, according to EIPR researcher Ishak Ibrahim, even those acquitted or otherwise cleared of blasphemy accusations face social or administrative punishment, with some forced by villagers to leave their homes, pay a fine or get demoted or suspended by their state employers.
Egypt's Muslim Brotherhood likes to project itself as a more moderate Islamist group when compared to the ultraconservative Salafis, but they still play a role in the blasphemy cases.
The top Brotherhood leader in Luxor, Abdel-Hamid el-Senoussi, is a lawmaker and the head of the legal team representing the families whose children testified against Abdel-Nour.
He acknowledged that two investigations by the school found no justification for the children's claims, but said he does not trust those findings.
"They just want to avoid discord. But we prefer to get to the bottom of it," he said. "Even if the court clears the teacher and rules that she is innocent, she must be fired from the school."
"There are people who want to mess up with the ship of the nation and this teacher is one of them," he said.
For him, the penalty for contempt of religion is not harsh enough. "I prefer 10 years imprisonment and, in case the judge clears the defendant, a fine that goes toward the upkeep of places of worship."
"Anyone who insults religions must be punished to deter further assaults," he said.
___
AP writer Haggag Salama contributed to this story from Luxor, Egypt
High court to weigh in on legislative prayers
Source
Associated Press Mon May 20, 2013 9:13 AM
WASHINGTON — The Supreme Court said Monday it will hear a new case on the intersection of religion and government in a dispute over prayers used to open public meetings.
The justices said they will review an appeals court ruling that held that the upstate New York town of Greece, a Rochester suburb, violated the Constitution by opening nearly every meeting over an 11-year span with prayers that stressed Christianity.
The 2nd U.S. Circuit Court of Appeals said the town should have made a greater effort to invite people from other faiths to open its monthly board meetings.
The town says the high court already has upheld prayers at the start of legislative meetings and that private citizens offered invocations of their own choosing. The town said in court papers that the opening prayers should be found to be constitutional, “so long as the government does not act with improper motive in selecting prayer-givers.”
Two town residents who are not Christian complained that they felt marginalized by the steady stream of Christian prayers and challenged the practice. They are represented by Americans United for Separation of Church and State.
Reacting to the court action Monday, the Rev. Barry W. Lynn, Americans United executive director, said, “A town council meeting isn’t a church service, and it shouldn’t seem like one.”
The town is represented by Alliance Defending Freedom, an Arizona-based group that presses faith-based cases in courts nationwide. ADF senior counsel David Cortman said the framers of the Constitution prayed while drafting the Bill of Rights. “Americans today should be as free as the Founders were to pray,” Cortman said.
From 1999 through 2007, and again from January 2009 through June 2010, every meeting was opened with a Christian-oriented invocation. In 2008, after residents Susan Galloway and Linda Stephens complained, four of 12 meetings were opened by non-Christians, including a Jewish layman, a Wiccan priestess and the chairman of the local Baha’i congregation.
A town employee each month selected clerics or lay people by using a local published guide of churches. The guide did not include non-Christian denominations, however. The court found that religious institutions in the town of just under 100,000 people are primarily Christian, and even Galloway and Stephens testified they knew of no non-Christian places of worship there.
The court ruled the town should have expanded its search outside its borders.
Arguments will take place in the fall.
The case is Town of Greece v. Galloway, 12-696.
Also on Monday, the justices voted 6-3 to uphold the Federal Communications Commission’s authority to try to speed local government decisions on applications to build or expand cell phone towers.
In four other decisions, all unanimous, the court:
— Ruled against the Internal Revenue Service and for companies that want to claim U.S. tax credits to offset millions of dollars in windfall tax payments in Great Britain.
— Allowed a woman to collect attorney’s fees even though she waited too long to file a lawsuit claiming damage from a vaccine.
— Said that convicted murderer Burt Lancaster was not entitled to a new trial, reversing a lower court ruling that said Lancaster should have been allowed to argue that mental illness mitigated his culpability.
— Rejected the Mississippi NAACP’s challenge to the state’s 2011 elections because they were held without adopting new legislative districts to take account of 2010 census results and diluted African-American voting strength.
The justices also:
— Agreed to decide the extent of whistleblower protection for people who report wrongdoing under the Sarbanes Oxley law that tightened accounting regulations in response to corporate scandals.
— Stepped into a dispute between Delta Air Lines and Rabbi S. Binyomin Ginsberg, who sued Delta-owned Northwest Inc. after he was kicked out of its frequent-flier program for complaining too much.
Rep. Juan Mendez - I’m an atheist
Twenty years ago it was socially acceptable to say "Let's go out an beat up some gays".
The good news was the gay community has fought that, so now while a lot of people
still hate gays it has become socially unacceptable to terrorize gay folks like it used to be.
Sadly us atheists are in the same position that gays were in 20 years ago. Sadly it's
still socially acceptable to terrorize atheists.
I think it's great that Rep. Juan Mendez, D-Tempe has come out and admitted that he
is an atheist. While a lot of people will hate him for it, I think that it will help people
began to see the fact that atheists should have the same rights as all other people, even
if they hate us.
I am still pretty pissed at Arizona US Congresswoman Kyrsten Sinema for refusing to admit
that she is an atheist. It sure seems like Kyrsten Sinema refuses to tell the public
any of her positions if she thinks it may cost her votes, even if it is the truth.
Her official religion at the US Congress is listed as no religion, even though us folks here in
Phoenix that know her, know that she is an atheist.
I am also still pretty pissed off at Kyrsten Sinema's attempt to slap an 300 percent tax
on medical marijuana when she was in the Arizona Legislator.
I know Kyrsten Sinema never met a tax she didn't love. I a lot of conservative groups consider
Kyrsten Sinema the worst legislator in the history of Arizona when it comes to her socialist
tax and spending.
I also know that in all of Kyrsten Sinema campaigns for both the Arizona and US Congress
she has been supported by the police unions. She says she supports the people, but when
she votes, it seems like she supports the police state.
So I don't know if she tried to slap that 300 percent tax on because it is part of her
usual love to tax and spend and simply thinks that every penny in your wallet is hers.
Or if she did it for the police unions, in an attempt to flush Prop 203 down the toilet.
Prop 203 is Arizona's medical marijuana law.
Oddly Kyrsten Sinema does admit she is a gay, while not admitting she is an atheist,
other then saying she doesn't have a religion.
Kyrsten Sinema is also a gun grabber and has been given an F by the NRA with a
zero percent rating on a scale of 0 to 100.
Source
Arizona lawmaker: I’m an atheist
By Mary K. Reinhart The Republic | azcentral.com Tue May 21, 2013 10:06 PM
A state lawmaker acknowledged that he is an atheist as he gave the daily House invocation Tuesday, urging legislators to look at each other, rather than bow their heads, and “celebrate our shared humanness.”
Rep. Juan Mendez, D-Tempe, who said it was freeing to be open about his secular views, also introduced about a dozen fellow members of the Secular Coalition for Arizona who watched from the House gallery.
The House and Senate convene with a prayer and the Pledge of Allegiance. Members take turns giving the prayer or inviting a religious leader to do so — similar to practices that have taken place for centuries in Congress, statehouses and city halls throughout the country.
Mendez’s secular invocation comes as the U.S. Supreme Court has agreed to hear arguments on whether prayers can be offered at government meetings.
An appeals court last year ruled unconstitutional the practice in Greece, N.Y., of having Christian pastors give prayers before public meetings. The Arizona-based Alliance Defending Freedom appealed and the high-court ruling, expected by June 2014, will resolve conflicting appeals-court rulings about religious expression.
Tuesday’s invocation was to have been given by Serah Blain, executive director of the Secular Coalition of Arizona. But Mendez said House staff had no record of his request to allow Blain’s remarks, so he offered the remarks himself.
“This is a room in which there are many challenging debates, many moments of tension, of ideological division, of frustration,” he said. “But this is also a room where, as my secular humanist tradition stresses, by the very fact of being human we have much more in common than we have differences.”
House lawmakers appeared to have no reaction to Mendez’s remarks.
But in a statement Monday on the Supreme Court case, Speaker Andy Tobin, R-Paulden, defended the practice of praying before government meetings.
“The outcome of this case could very well preserve or eliminate one of the great American traditions, which poses no threat to the secular nature of the business of the state,” he said.
Blain leads a growing coalition that represents 17 secular organizations at the Legislature, focused on pushing back against the powerful Christian-based Center for Arizona Policy and promoting a death-with-dignity law and science-based sex education in schools.
A recent study by the Pew Research Center found that people with no religious affiliation make up the third-largest group worldwide, after Christians and Muslims. About 20 percent of people in the U.S. say they are religiously unaffiliated.
Court strikes down Arizona's 20-week abortion ban
Source
9th Circuit Court of Appeals strikes down Arizona 20-week abortion ban
Posted: Tuesday, May 21, 2013 3:00 pm | Updated: 3:08 pm, Tue May 21, 2013.
By Howard Fischer, Capitol Media Services
Calling a woman's rights "unalterably clear,'' a federal appeals court on Tuesday struck down Arizona's nearly year-old ban on abortions at 20 weeks and beyond.
In a unanimous decision, the 9th Circuit Court of Appeals acknowledged that the law on what states can and cannot restrict has varied since the landmark 1973 case of Roe v. Wade. That ruling barred states from banning a woman's right to an abortion, at least early in her pregnancy.
But Judge Marsha Berzon, writing for the court, said one thing has remained constant.
"A woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable,'' she said. "A prohibition on the exercise of that right is per se unconstitutional.''
While a federal judge last year declared the law valid, it has never been enforced. That's because the appellate court put it on "hold'' while it considered the appeal.
Tuesday's ruling is a setback not only for the majority of legislators who voted for the ban but also for Gov. Jan Brewer who signed the measure. She believes most abortions should be illegal.
But it is not likely the last word. Maricopa County Attorney Bill Montgomery, who personally argued the case to the appellate court, has said he sees the law as a chance to have the whole issue of the viability standard revisited by the U.S. Supreme Court.
And Cathi Herrod, president of the anti-abortion Center for Arizona Policy, said she is "not surprised or discouraged.''
"The 9th Circuit Court of Appeals is well known for opinions that get overturned by the United States Supreme Court,'' she said.
But Herrod said the high court does not have to overturn Roe v. Wade and subsequent rulings which have clearly said states cannot ban pre-viability abortions. Herrod said she believes the statute can be defended without asking the court to void its historic ruling.
"Obviously, I wouldn't be upset if they did,'' Herrod added.
The legislation makes it a crime for a doctor to perform an abortion beyond the 19th week unless it's necessary to prevent a woman's death or "substantial and irreversible impairment of a major bodily function."
Montgomery conceded during legal arguments last year in San Francisco that Supreme Court rulings generally prohibit states from interfering with a woman's right to terminate her pregnancy any time before a fetus is considered viable outside the womb. That is generally considered somewhere around the 23 or 24-week mark.
But he pointed out that the high court has allowed reasonable restrictions for legitimate reasons. And Montgomery said lawmakers had such justification for what he termed just a restriction.
One was the conclusion by the Legislature that a fetus at 20 weeks can feel pain. The other, also based on testimony, is there is an increased risk to the mother's health from an abortion at and after 20 weeks.
But Berzon said no amount of argument from Montgomery could overcome the fact that the Arizona law was not a restriction like a 24-hour waiting period but an outright ban. And that, she said, Arizona cannot do.
"Since Roe, the Supreme Court and lower federal courts have repeated over and over again that viability remains the fulcrum of the balance between a pregnant woman's right to control her body and the state's interest in preventing her from undergoing an abortion,'' Berzon wrote. And because it is a ban, and not merely a limitation, "no state interest is strong enough to support it.''
In a concurring opinion, Judge Andrew Kleinfeld said there may be legal ways for the state to deal with its stated concerns.
"Were the statute limited to protecting fetuses from unnecessary infliction of excruciating pain before their death, Arizona might regulate abortions at or after 20 weeks by requiring anesthetization of the fetuses about to be killed, much as it requires anesthetization of prisoners prior to killing them when the death penalty is carried out,'' Kleinfeld wrote.
He also brushed aside the measure's stated interest in protecting a woman's health as a reason to keep her from getting an abortion at or after 20 weeks.
"People are free to do many things to their health, such as surgery to improve their quality of life but unnecessary to preserve life,'' Kleinfeld said. "There appears to be no authority for making an exception to this general liberty regarding one's own health for abortion.''
Kleinfeld acknowledged there are problems with using viability as the standard to determine when a state can and cannot ban abortion, pointing out that in 1973 that was considered 28 weeks. And he said medical science for premature babies may advance to where they are viable three or four weeks earlier than now.
But Kleinfeld said no one from the state is arguing that has happened, forcing his court to decide the legal issue based on the current state of science.
"The 9th Circuit got it exactly right,'' said Janet Creps, the attorney for the Center for Reproductive Rights which challenged the law.
"When you tell somebody that they are absolutely forbidden to do something, that's a ban,'' Creps said. "Most people can pretty commonly understand when something is a ban and something is a regulation.''
Kleinfeld also said the fact that an Arizona woman wanting an abortion at or after 20 weeks can go to another state does not make the law any more unacceptable.
"I am unaware of any case in which one state might deprive someone of a constitutional right because the individual could exercise it in another state,'' he said.
Source
Court strikes down Arizona's 20-week abortion ban
By Paul Elias Associated Press Tue May 21, 2013 1:05 PM
SAN FRANCISCO — A federal court Tuesday struck down Arizona’s ban on abortions after 20 weeks of pregnancy absent a medical emergency.
The 9th U.S. Circuit Court of Appeals said the law violated a woman’s constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb. “Viability” of a fetus is generally considered to start at 24 weeks. Normal pregnancies run about 40 weeks.
Nine other states have enacted similar bans starting at 20 weeks or even earlier. Several of those bans had previously been placed on hold or struck down by other courts.
Judge Marsha Berzon, writing for the unanimous three-judge panel on the San Francisco-based court, said such bans before viability violate a long string of U.S. Supreme Court rulings starting with the seminal Roe v. Wade decision in 1973.
The judge wrote that “a woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable.”
Gov. Jan Brewer signed the ban into law in April 2012 after it was approved by the Republican-led Legislature. Supporters said the law was meant to protect the mother’s health and prevent fetuses from feeling pain. U.S. District Judge James Teilborg ruled it was constitutional, partly because of those concerns, but the 9th Circuit blocked the ban from going into effect until it ruled.
Lawyers representing Arizona argued that the ban wasn’t technically a law but rather a medical regulation because it allowed for doctors to perform abortions in medical emergencies. Berzon rejected that reasoning and deemed the legislation a law banning abortions before a fetus is viable.
“The challenged Arizona statute’s medical emergency exception does not transform the law from a prohibition on abortion into a regulation of abortion procedure,” Berzon wrote. “Allowing a physician to decide if abortion is medically necessary is not the same as allowing a woman to decide whether to carry her own pregnancy to term.”
Berzon was joined by judges Mary Schroeder and Andrew Kleinfeld.
Cathi Herrod, the head of a Christian social conservative group that championed the 2012 legislation, said the ruling overlooks the state’s interest in protecting maternal health,” but that the outcome wasn’t surprising because of the court’s reputation as siding with politically liberal causes.
“We look forward to an appeal to the United States Supreme Court,” said Herrod, president of the Phoenix-based Center for Arizona Policy. The group filed a legal brief in support of the Arizona law.
The 9th Circuit’s ruling is binding only in the nine Western states under the court’s jurisdiction, and Idaho is the only other state in the region with a similar ban. A federal judge earlier declared Idaho’s ban unconstitutional.
Janet Creppe, a lawyer who argued against the ban in court for the Center for Reproductive Rights, said the ruling Tuesday affirmed a woman’s right to an abortion before viability.
“These laws are all unconstitutional,” she said. “This is not a close legal question at all. These laws are unconstitutional.”
Texas judge says lesbian couple can’t cohabitate
Source
Texas judge says lesbian couple can’t cohabitate, cites morality clause in divorce papers
By Associated Press, Published: May 21
MCKINNEY, Texas — A judge has ruled that a North Texas lesbian couple can’t live together because of a morality clause in one of the women’s divorce papers.
The clause is common in divorce cases in Texas and other states.
It prevents a divorced parent from having a romantic partner spend the night while children are in the home. If the couple marries, they can get out from under the legal provision — but that is not an option for gay couples in Texas, where such marriages aren’t recognized.
The Dallas Morning News
(http://dallasne.ws/16MlSUQ)
reported that in a divorce hearing last month for Carolyn and Joshua Compton, Collin County District Judge John Roach Jr. enforced the terms detailed in their 2011 divorce papers. He ordered Carolyn Compton’s partner, Page Price, to move out of the home they shared with the Comptons’ two daughters, ages 10 and 13. The judge gave Price 30 days to find another place to live.
Paul Key said his client, Joshua Compton, wanted the clause enforced for his kids’ benefit.
“The fact that they can’t get married in Texas is a legislative issue,” Key said. “It’s not really our issue.”
The Comptons had been married for 11 years before their split. Carolyn Compton originally filed for divorce in September 2010.
Roach said the clause doesn’t target same-sex couples, adding that the language is gender neutral.
“It’s a general provision for the benefit of the children,” the judge said.
Price and Carolyn Compton said in a statement that they believe the clause is unconstitutional. But they also said they would comply with the order “even though it will be disruptive to their family and has the potential of being harmful to the children.”
They also said in the statement that the clause “is a burden on parents, regardless of their sexual orientation, that takes away and unreasonably limits their ability to make parental decisions of whom their children may be around and unreasonably limits what the United State Supreme Court has identified as the liberty of thought, belief and expression.”
They are considering whether to file an appeal.
In Collin County, the clause is part of the standing orders that apply to every divorce case filed and remains in force while the divorce is pending. In the case of the Comptons’ divorce, the clause was also added to their final divorce decree. It has no expiration date.
___
Information from: The Dallas Morning News, http://www.dallasnews.com
Should legislative prayers be open to atheists?
What part of the Arizona and US Constitution don't these government tyrants understand???
Both the First Amendment and the Arizona Constitution clearly forbid mixing religion and government!!!!
Praying on the taxpayers dime is clearly forbidden and a violation of both the Arizona and US Constitutions.
First Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ...
Article 2 Section 12 of the Arizona Constitution - No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony ...
Source
Should legislative prayers be open to atheists?
The Republic | azcentral.com Wed May 22, 2013 5:15 PM
When lawmakers pray at the Capitol, it's often a Christian prayer.
But is that how it should be?
Some are upset with state Rep. Juan Mendez, D-Tempe, an atheist who in lieu of praying asked his colleagues to look around and "celebrate our shared humanness." Lawmakers often rotate the traditional invocation; on Tuesday, it was Mendez's turn.
State Rep. Steve Smith, R-Maricopa, spoke against Mendez's actions Wednesday and led a second prayer in "repentance."
Opinions editor Robert Leger and digital opinions editor Joanna Allhands discuss the controversy in the video above.
WHAT DO YOU THINK? Should prayers kick off government proceedings? And if so, should people of different faiths -- or no faiths -- be allowed to participate?
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