Marriage & Family Headlines

"The brief asks that the suit be dismissed because the opponents have not proven that they have suffered any legal injury that would give them standing to sue over the state’s tuition tax credit program."

Star Advertiser: "A major opponent of a civil unions bill is considering its next move after a lawsuit was filed yesterday challenging the governor's veto of the controversial legislation. 'We're formulating that (plan) right now,' said Francis Oda, chairman of the Hawaii Family Forum, which was vocal in objecting to House Bill 444 throughout the legislative session."

Smacking Lesson: How the Council of Europe's Ban on Corporal Punishment Could Serve as a Model for the United States Timothy John Nolen, 16 Cardozo J.L. & Gender 519 (2010) "Part I of this Note will discuss statistics concerning corporal punishment in the United States, focusing on the negative effects such punishment has on children and suggesting why it should be outlawed. Part II will address the legal status of corporal punishment in the United States and the potential challenges a complete federal ban might face, suggesting means whereby the Federal government could implement a national ban. Part III will discuss the legal status of corporal punishment in some member states of the Council of Europe. Part IV will address the effects that European bans have had on discouraging corporal punishment. Finally, Part V will examine the Council of Europe's recent campaign to ban corporal punishment throughout Europe as a model for the United States Federal government."

Polygamy in American: How the Varying Legal Standards Fail to Protect Mothers and Children from Its Abuses Amy Fry, 54 St. Louis U. L.J. 967 (2010) "Although polygamy is clearly being practiced in shadowed corners, it is a long-established criminal act in the United States. As a result, polygamy has always had an impact on child custody proceedings when practiced by one or both parents. Its controversial presence has had a strong yet varying effect on child custody rulings, as courts struggle to weigh the child's best interests against parental rights and the freedom to practice one's own religion. A highly-publicized recent battle is the In re Texas Department of Family & Protective Services case, for which final custody proceedings are still pending. This Note examines the ways courts have balanced these interests and why, what impact this most recent Texas case has on polygamy's standing in the United States, and where the legal stance on polygamy should be headed. Part I focuses on the problem: how much of an impact should the practice of polygamy have on a child custody ruling? Fleshing out this question requires analyzing the history of the FLDS, the impact the FLDS has on mothers, and the malleable, varying 'best interests of the child' tests. Part II examines the impact of the recent Texas polygamy case, discussing the majority stance and the distinction made by its concurring opinion. Part III turns to a 1955 Utah Supreme Court case that exemplifies the position the United States once had towards polygamy. Part IV then compares the recent Texas ruling to the older Utah Supreme Court decision, examining the dangers of the current standard and emphasizing why courts should revert back to taking a stronger stand against polygamy. The illegality of polygamy and its abusive impact on children outweigh a mother's right to raise her children and practice her religion in an FLDS polygamous sect more often than courts acknowledge. The Utah decision should be strongly considered in future child custody rulings involving polygamy as it signifies a better balance between religious freedom, parental rights, and child custody than the current legal standard."

Haaretz: "'Jews with homosexual orientations or same sex-attractions should be welcomed as full members of the synagogue and school community,' reads the statement, which goes on to say that Jewish law 'sees heterosexual marriage as the ideal model and sole legitimate outlet for human sexual expression. The sensitivity and understanding we properly express for human beings with other sexual orientations does not diminish our commitment to that principle.'" | Statement of Principles

"The lawsuit, being filed today in Circuit Court, asks the court to step in where the Legislature did not and reverse the effect of Lingle's veto."

Dallas Morning News (AP): "A southern Utah judge has set an Aug. 18 date for a hearing on a request that polygamous sect leader Warren Jeffs be granted a speedy trial."

KEYC (AP): "The fight over gay marriage played out at the Minnesota capitol on Wednesday, with simultaneous rallies on both sides of the issue."

Chuck Donovan writing at The Heritage Foundation / The Foundry: "Perhaps the biggest news out of last week’s reaction to a federal judge striking down the Defense of Marriage Act (DOMA) was pundits’ response to the way the Obama Administration 'threw the fight.' . . . The collusion boils down to this . . . " | Via The Engage Family Blog of the Family Policy Council of West Virginia

NPR: "For 10 years, the Rev. Richard Cizik was the chief lobbyist for the National Association of Evangelicals, which represents roughly 30 million constituents across the United States. But he was forced out of that position in December 2008, after remarks he made on Fresh Air about his support of gay civil unions, among other things."

LifeSiteNews: "Bishop Jaime Soto of Sacramento also said that there is a need for the Catholic Church to correct the pervasive 'confusion about sexuality in general' in order to rekindle an appreciation of true marriage as a positive message for Catholics and non-Catholics alike . . . 'Particularly in the environment that we're in right now, the proponents of same-sex marriage have been vociferous in terms of labeling anyone who supports traditional marriage as a bigot or as intolerant, or as unreasonable,' he noted. He added that 'many people are quite frankly intimidated by the anger that has come out after a majority of California voters supported traditional marriage.'"

. . . If states have authority under the 10th Amendment to define marriage, why are federal courts, like the one in San Francisco, not immediately upholding state constitutional definitions of marriage, such as the one currently under attack in California? Is it because California voters chose to define marriage the 'wrong' way as one man and one woman? . . .

Catholic Culture: "Only 22% of white Catholics and 23% of Latino Catholics oppose the legal recognition of homosexual unions. 37% of white Catholics and 44% of Latino Catholics support same-sex marriage, while an additional 41% of white Catholics and 28% of Latino Catholics support homosexual civil unions. In contrast, 53% of Latino Protestants oppose the legal recognition of homosexual unions."

The Heritage Foundation / The Foundry: "In reality, there is nothing conservative about national standards, which will further tie schools to the demands of Washington bureaucrats but do little to improve student achievement. National standards create a one-size-fits-all, centralized approach to education. And while proponents will say that these standards are 'voluntary,' the significant amount of federal funding that would be tied to their adoption makes them anything but."

The Washington Post / College, Inc.: "A groundbreaking study by researchers at the University of Virginia and George Washington University finds that children adopted by lesbian and gay male couples develop just as well as those adopted by heterosexual parents." (Note the nature of study sample) Parenting and Child Development in Adoptive Families: Does Parental Sexual Orientation Matter? | Google Viewer Rachel H. Farr, Stephen L. Forssell, and Charlotte J. Patterson, APPLIED DEVELOPMENTAL SCIENCE, 14(3), 164–178, 2010

Arizona Daily Star: "Josie Claudine Romero was born Joseph Manalang Romero in Colorado in April 2001. Her twin sister died shortly after being born. Though biologically male, "Joey" was diagnosed with a condition called gender identity disorder at the age of 5 by a U.S. military doctor in Japan, where the family was living. By age 6, Joey was Josie . . . Seven children under the age of 12 attend an informal group of Tucson-area 'gender-variant' children Josie's mother organizes. Some of the kids consider themselves transgender and, like Josie, are living as the opposite sex. Others don't feel comfortable with traditional gender norms and labels."

The National Law Journal: "The military's 'Don't Ask, Don't Tell' policy fails to set forth a government interest that warrants intruding on the constitutionally protected rights of openly homosexual members to serve, the Log Cabin Republicans argued as the trial in the organization's challenge to the policy wound down on Friday. ... Assistant U.S. Attorney Paul Freeborne, defending the policy for the government, replied: 'Log Cabin has endeavored to spend the last few weeks presenting the court with a policy debate — a debate it lost in 1993 before Congress. Congress exhaustively considered the same matters that plaintiffs rest their experts' opinions on.'" | Related: At closing arguments, Log Cabin Republicans ask for halt to “don’t ask, don’t tell”

A Symposium Not to Be Missed at APA in San Diego in 2010! Scholars, Dr. Stanton L. Jones (Wheaton College), Dr. Christopher H. Rosik (Link Care/Fresno Pacific University) and Dr. Richard N. Williams (Brigham Young University) will review APA's Task Force report on Appropriate Therapeutic Responses to Sexual Orientation for its scientific rigor and "even-handedness," its adherence to highest standards of ethicality and its sensitivity to diversity, especially religious diversity.

Sioux City Journal: "Iowa ended a four-year slide in the number of couples getting married last year, but experts say the turnaround could have been aided in part by an April 2009 court ruling that legalized same-sex marriages. Also, Iowa posted the lowest number of divorces since 1970 with 7,286 dissolutions, according to preliminary statistics issued by the state Department of Public Health."

"The New Jersey Supreme Court issued an order Monday rejecting a recently filed motion in a long-ago-resolved lawsuit that attempted to force New Jersey legislature to redefine marriage."