Ahnuld Better Veto This Atrocity
As if it isn't bad enough that people can already be charged and convicted of a "hate crime," the liberal Brownshirts in the California Legislature are trying to further expand its definition.
A section of the proposed law reads as follows:
Speech alone is not sufficient to support an action brought [under this law] except upon a showing that the speech itself threatens violence against a specific person or group of persons; and the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening violence had the apparent ability to carry out the threat.
Penalties for violating SB 1234 include criminal prosecution and fines of $25,000.
Sponsored by lesbian State Senator Sheila Kuehl, SB 1234 has already been passed by the Senate and could be voted on by the Assembly as soon as today (Wednesday). Opponents of the bill are not optimistic about the Assembly vote and expect the measure to move along to Governor Arnold Schwarzenegger's desk for his signature before the end of the month.
Reports and observations from a Southern California Faithful Conservative Catholic™ Asian-American attorney's perspective. Whew!
Wednesday, August 18, 2004
BK Court Finds Federal DOMA Constitutional
And of all courts, it's a 9th Circuit BK Court. You can bet this puppy is going to be appealed by the anti-family-ites.
Having concluded that DOMA does not require heightened scrutiny because it neither impairs a fundamental right to marry nor discriminates on the basis of sex (in that it applies equally to both sexes), Judge Snyder then addressed whether the law is supported by a rational basis. In finding that it was, Judge Snyder exercised an old-fashioned form of judicial restraint — trusting the legislature's motives. In enacting DOMA, both Congress and President Clinton sought to protect and encourage the role of a traditional family in procreation and child rearing. As President Clinton remarked at the time, "marriage is an institution between a man and a woman, that among other things, is used to bring children into the world." DOMA, Judge Snyder concluded, is reasonably related to that legitimate goal, whether or not it is a perfect fit. Unlike the decisions of Massachusetts's highest court, his opinion is not marked by the second-guessing of legislative reasoning that has become common in the recent trend of judge-made law.
And of all courts, it's a 9th Circuit BK Court. You can bet this puppy is going to be appealed by the anti-family-ites.
Having concluded that DOMA does not require heightened scrutiny because it neither impairs a fundamental right to marry nor discriminates on the basis of sex (in that it applies equally to both sexes), Judge Snyder then addressed whether the law is supported by a rational basis. In finding that it was, Judge Snyder exercised an old-fashioned form of judicial restraint — trusting the legislature's motives. In enacting DOMA, both Congress and President Clinton sought to protect and encourage the role of a traditional family in procreation and child rearing. As President Clinton remarked at the time, "marriage is an institution between a man and a woman, that among other things, is used to bring children into the world." DOMA, Judge Snyder concluded, is reasonably related to that legitimate goal, whether or not it is a perfect fit. Unlike the decisions of Massachusetts's highest court, his opinion is not marked by the second-guessing of legislative reasoning that has become common in the recent trend of judge-made law.
Monday, August 16, 2004
Ethics? What Ethics, Eh?
Canadian lawyers reject two rules that basically would prohibit them from having nookie with clients.
Lawyers attending the Canadian Bar Association's annual meeting were passionate Sunday in their rejection of proposed new rules and guidelines governing sexual relationships with clients.
An overwhelming majority of delegates, including several of the association's provincial chapters, dismissed two resolutions on the delicate issue as paternalistic, stereotypical and vague.
"Who are we to impose a prohibition on falling in love?" Montreal lawyer Chantale Masse asked during the hour-long debate.
Most of the discussion centred on a resolution to completely ban sexual relationships between lawyers and clients.
Another motion, which was also soundly defeated, intended to serve more as a warning to lawyers to steer clear of any romances that could be influenced by an imbalance of power or exploitation.
Canadian lawyers reject two rules that basically would prohibit them from having nookie with clients.
Lawyers attending the Canadian Bar Association's annual meeting were passionate Sunday in their rejection of proposed new rules and guidelines governing sexual relationships with clients.
An overwhelming majority of delegates, including several of the association's provincial chapters, dismissed two resolutions on the delicate issue as paternalistic, stereotypical and vague.
"Who are we to impose a prohibition on falling in love?" Montreal lawyer Chantale Masse asked during the hour-long debate.
Most of the discussion centred on a resolution to completely ban sexual relationships between lawyers and clients.
Another motion, which was also soundly defeated, intended to serve more as a warning to lawyers to steer clear of any romances that could be influenced by an imbalance of power or exploitation.
Sunday, August 15, 2004
The Ongoing Battle
Between the adherants of manna and people of faith. No mention if this city council is aware of the Federal Religious Land Use and Institutionalized Persons Act.
CLOVER — Some leaders in this Bible Belt town are saying they’ve had enough of storefront churches popping up downtown and are pushing an ordinance to stop new churches from opening and keep others from expanding.
The town manager here says the churches don’t do much to help breathe life into the town six days a week.
“Storefront churches only generate foot traffic for a few hours on Sunday,” town manager Scott Moulder said.
The intent isn’t geared to restricting churches as much as it is to attracting a variety of businesses, Moulder said
“People are more likely to shop in a particular area where there’s more variety.”
Clover Town Council postponed making a decision on the issue earlier this week and will take the issue up later this year.
Between the adherants of manna and people of faith. No mention if this city council is aware of the Federal Religious Land Use and Institutionalized Persons Act.
CLOVER — Some leaders in this Bible Belt town are saying they’ve had enough of storefront churches popping up downtown and are pushing an ordinance to stop new churches from opening and keep others from expanding.
The town manager here says the churches don’t do much to help breathe life into the town six days a week.
“Storefront churches only generate foot traffic for a few hours on Sunday,” town manager Scott Moulder said.
The intent isn’t geared to restricting churches as much as it is to attracting a variety of businesses, Moulder said
“People are more likely to shop in a particular area where there’s more variety.”
Clover Town Council postponed making a decision on the issue earlier this week and will take the issue up later this year.
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