US bishops fight birth control deal

Headline Legal News 2012/02/14 09:44   Bookmark and Share
The top U.S. Catholic bishop vowed legislative and court challenges Tuesday to a compromise by President Barack Obama to his healthcare mandate that now exempts religiously affiliated institutions from paying directly for birth control for their workers, instead making insurance companies responsible.

Cardinal-designate Timothy Dolan, who heads the U.S. Conference of Catholic Bishops, said in an interview with The Associated Press that he trusted Obama wasn't anti-religious and intended to make good on his pledge to work with religious groups to fine-tune the mandate.

"I want to take him at his word," Dolan said in Rome, where he will be made a cardinal Saturday. But he stressed: "I do have to say it's getting harder and harder," to believe Obama's claim to prioritize religious freedom issues given the latest controversy.

Obama sought to quell fierce election-year outrage on Friday by abandoning his stand that religiously affiliated institutions such as Catholic hospitals and universities must pay for birth control. Instead, he said insurance would step in to provide the coverage.

The administration's initial position had outraged evangelicals and Catholic bishops and emboldened many Republicans who charged that it amounted to an assault on religion by forcing religious institutions to pay for contraception, sterilization and the morning-after pill against their consciences.

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Long-awaited ruling on CA gay marriage ban due

Headline Legal News 2012/02/07 10:07   Bookmark and Share
Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.

A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married.

The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case.

Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out.

The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it.

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Utah high court to hear posthumous benefits case

Headline Legal News 2012/02/07 10:07   Bookmark and Share
Utah's Supreme Court is deciding whether a sperm donor contract is proof that a man wanted to be a father, even after his death.

The question stems from a dispute between Gayle Burns and the Social Security Administration, which denied survivor benefits to the son Burns conceived after her husband died from cancer.

Oral arguments are set Tuesday in Salt Lake City.

Michael Burns had contracted with medical providers to preserve his sperm before he died of cancer in 2001. Gayle Burns became pregnant in 2003.

Social Security denied a 2005 benefits petition, saying federal law doesn't allow for payments to posthumously-conceived children.

Gayle Burns challenged the ruling in Utah's federal court.

A federal judge asked Utah's Supreme Court to address the issue first.
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Ga. court overturns assisted suicide restrictions

Headline Legal News 2012/02/06 09:56   Bookmark and Share
Georgia's top court struck down a state law that restricted assisted suicides, siding on Monday with four members of a suicide group who said the law violated their free speech rights.

The Georgia Supreme Court's unanimous ruling found that the law violates the free speech clauses of the U.S. and Georgia constitution. It means that four members of the Final Exit Network who were charged in February 2009 with helping a 58-year-old cancer-stricken man die won't have to stand trial, defense attorneys said.

Georgia law doesn't expressly forbid assisted suicide. But lawmakers in 1994 adopted a law that bans people from publicly advertising suicide, hoping to prevent assisted suicide from the likes of Dr. Jack Kevorkian, the late physician who sparked the national right-to-die debate.

The law makes it a felony for anyone who "publicly advertises, offers or holds himself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose."

The court's opinion, written by Justice Hugh Thompson, found that lawmakers could have imposed a ban on all assisted suicides with no restriction of free speech, or sought to prohibit all offers to assist in suicide that were followed by the act. But lawmakers decided to do neither, he said.

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Army orders court-martial in WikiLeaks case

Headline Legal News 2012/02/06 09:56   Bookmark and Share
An Army officer ordered a court-martial for a low-ranking intelligence analyst charged in the biggest leak of classified information in U.S. history.

Military District of Washington commander Maj. Gen. Michael Linnington on Friday referred all charges against Pfc. Bradley Manning to a general court-martial, the Army said in a statement.

The referral means Manning will stand trial for allegedly giving more than 700,000 secret U.S. documents and classified combat video to the anti-secrecy website WikiLeaks for publication.

The 24-year-old Crescent, Oklahoma, native faces 22 counts, including aiding the enemy. He could be imprisoned for life if convicted of that charge.

A judge who is yet to be appointed will set the trial date.

Manning's lead defense counsel, civilian attorney David Coombs, didn't immediately return a call Friday evening seeking comment on the decision.

Defense lawyers say Manning was clearly a troubled young soldier whom the Army should never have deployed to Iraq or given access to classified material while he was stationed there from late 2009 to mid-2010.

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Court rules against abortion protester's lawsuit

Headline Legal News 2012/02/03 10:02   Bookmark and Share
A federal appeals court in Philadelphia has ruled that an anti-abortion protester arrested near the Liberty Bell in 2007 can't collect damages from park rangers who detained him.

The three-judge panel on Thursday upheld a lower-court ruling to dismiss 32-year-old Michael Marcavage's lawsuit against two Independence National Historic Park rangers. The Philadelphia Daily News reported on the panel's decision.

The suit stemmed from Marcavage's arrest after he refused to move his protest to another area of the park. A federal magistrate convicted the Lansdowne resident of two misdemeanors.

Marcavage appealed and claimed rangers violated his constitutional rights. In 2010, a federal appeals court threw out the misdemeanor convictions. Then Marcavage filed an amended complaint arguing that park rangers were liable for unspecified damages. The court ruled against him.

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