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Court: New health law doesn't infringe on religious freedom
Law Firm Blog News |
2015/07/12 08:55
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The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.
The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.
Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.
The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.
"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.
The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain. |
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Religious beliefs, gay rights clash in court case over cake
Top Court Watch |
2015/07/09 14:23
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A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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US appeals court upholds EPA plan to clean up Chesapeake Bay
Topics in Legal News |
2015/07/08 14:23
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A U.S. appeals court has upheld a federal plan limiting pollution in the Chesapeake Bay despite objections from farmers who accuse the Environmental Protection Agency of abusing its power.
The ruling Monday upholds restrictions on farm and construction runoff and wastewater treatment and is a clear win for environmentalists.
Six states have agreed to the pollution limits: Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, along with Washington, D.C.,
The American Farm Bureau Federation and others fought the restrictions. They argued that the EPA was usurping state authority to regulate waterways.
The EPA says animal waste and fertilizer that moves from streams into the Chesapeake is the single largest source of bay pollution.
Third Circuit Judge Thomas Ambro says Chesapeake Bay pollution is a complex problem that affects more than 17 million people. |
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Appeals court upholds parts of Arizona ethnic studies ban
Law Firm Blog News |
2015/07/07 14:23
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A federal appeals court on Tuesday kept alive a legal challenge brought by former students who sued Arizona over a ban on ethnic studies in public schools and who will have a new chance to argue the law discriminates against Mexican Americans.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld most of a lower court's decision. But it sent the case back to a federal court in Tucson, where a judge will decide whether the ban was enacted with discriminatory intent in violation of the U.S. Constitution.
Attorneys for the students claimed victory based on the part of the ruling that provides them new opportunity to go before a judge and make their case on a key provision of their argument. A spokesman for the Arizona Attorney General's Office said the agency was still reviewing the ruling and did not have immediate comment.
The law was passed by the Arizona Legislature in the same session that lawmakers enacted the landmark immigration legislation known as SB1070. It shuttered the Tucson Unified School District's popular Mexican-American studies program, sparking protests from students who they benefited from the courses. The majority of students in the district are Hispanic. The program taught them about historic events relating to the Mexican-American experience such as their indigenous roots and the Mexican Revolution.
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Michael Jackson’s doctor pleads not guilty
Law & Court News |
2015/07/06 13:58
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Michael Jackson’s doctor pleaded not guilty Monday to involuntary manslaughter in the death of the pop star at a brief hearing that had all the trappings of another sensational celebrity courtroom drama.
Dr. Conrad Murray, accused of giving Jackson a fatal dose of an anesthetic to help him sleep, appeared in court in a gray suit and burgundy tie as Jackson’s father Joe, mother Katherine, and siblings LaToya, Jermaine, Tito, Jackie and Randy watched from courtroom seats behind prosecutors.
Neither Murray nor the Jacksons showed much emotion as the six-foot-five Murray entered his plea through his attorney Ed Chernoff, but as he emerged from court, Joe Jackson declared, “My son was murdered.”
“We need justice,” he added before leaving with family members in a fleet of Cadillac Escalades.
On Monday night, Joe Jackson told CNN’s Larry King that he doesn’t believe Murray is the only person responsible for his son’s death. “To me, he’s just the fall guy. There’s other people I think involved with this whole thing,” Joe Jackson said, without elaborating.
Joe Jackson also told King his son believed his life was in danger. “Michael said it himself that he would be killed,” Joe Jackson said. “He even told his kids that he would be murdered.”
Earlier, several people shouted “murderer” as Murray walked past a crowd of hundreds of reporters and Jackson fans on his way to a courthouse adjacent to Los Angeles International Airport. Others held signs urging “Justice For Michael.”
Murray, 56, a Houston cardiologist who was with Jackson when he died June 25, entered his plea just hours after he was charged.
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