|
|
|
Kan. gov. signs measure blocking Islamic law
Legal Network |
2012/05/26 23:07
|
Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."
But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law." |
|
|
|
|
|
|
Top Pa. judge charged with campaign corruption
Legal Opinions |
2012/05/20 05:37
|
State Supreme Court Justice Joan Orie Melvin was charged Friday with illegally using her taxpayer-funded staff in her campaigns for a seat on the state's highest court in a scheme that ensnared her sister, a senator awaiting sentencing on similar charges.
Orie Melvin said outside court that she will vigorously defend herself against the nine criminal charges, which a grand jury report called a "tale of corruption" that she "actively condoned and even promoted."
"I am a woman of faith," Orie Melvin said. "My faith will see me through this. And I will not resign because of these politically motivated charges."
The high court relieved her of judicial and administrative duties Friday, but she remains a Supreme Court justice, on the payroll with a $195,000 salary and full benefits. The court also ordered Orie Melvin's Pittsburgh office sealed to secure records, files and equipment that are property of the court.
The charges come two months after her sister Republican state Sen. Jane Orie was convicted of 14 counts of theft of services, conflict of interest and forgery charges. Orie is scheduled to be sentenced in June, and her attorney has said in court filings that she will resign before then.
The grand jury report said Orie Melvin and her staff used personal email accounts to shield the actual email addresses that generated the messages, hiding the fact that political activities were being handled by the staffers while they were on the state payroll. Orie Melvin also used her state-paid telephone line to solicit support from hundreds of Republican committee members around the state, the report said. |
|
|
|
|
|
|
Court rules NY town's prayer violated Constitution
Court Watch |
2012/05/19 05:37
|
An upstate New York town violated the constitutional ban against favoring one religion over another by opening nearly every meeting over an 11-year span with prayers that stressed Christianity, a federal court of appeals ruled Thursday.
In what it said was its first case testing the constitutionally mandated separation of church and state, the U.S. Court of Appeals for the Second Circuit ruled the town of Greece, a suburb of Rochester, should have made a greater effort to invite people from other faiths to open monthly meetings. The town's lawyer says it will appeal.
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.
Galloway and Stephens sued and, in 2010, a lower court ruled there was no evidence the town had intentionally excluded other faiths.
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. |
|
|
|
|
|
|
Md. highest court recognizes same-sex divorce
Legal Network |
2012/05/19 05:37
|
Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere. |
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
