Legal Update   Thursday, November 18, 2004

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     Featured Update
    Muslim Company Accused of Illegally Evicting Christian School
    Jim Brown

    Christian school in Florida has filed a lawsuit alleging it was wrongfully evicted by a radical Islamic group. Kissimmee Christian Academy (KCA) claims it was harassed off the former college campus it leased from the Muslim-owned conglomerate, Super Stop Petroleum, which installed an organization called "Universal Heritage Foundation" on a section of the premises. According to Pastor Lee Wasson of Celebration Worship in Osceola County, the Christian school his church operates was victimized by the Muslim group in a systematic campaign of harassment. KCA had its power, water, and sewer services shut off by Super Stop Petroleum, Wasson says, and later the school was sent an erroneous bill against the provisions of its lease. The pastor soon realized that the Muslim corporation wanted the school off the property. The reason, he believes, is so Super Stop could establish its local agent, UHF -- a group known for its hate speech against Christians and Jews. Wasson says UHF has "c alled for death to worshippers of the cross." Wasson says the radical Islamic group has either chaired or been in charge of other mosques and schools that have had arrests or "have been under investigation, or even have been raided." KCA has had to meet in Sunday school classrooms, has lost two-thirds of its enrollment, and is struggling to stay open after 17 years in business.
    Read the latest news here
     Featured Update
    Senate Urged to End Filibusters for Judicial Nominees
    Susan Jones

    The American Center for Law and Justice, a constitutional law group, is urging the U.S. Senate to change its rules so the filibuster cannot be used as an "obstructionist tactic" to prevent an up-or-down vote on judicial nominees. Using filibusters to block votes on judicial nominees is "not only wrong but unconstitutional," said ACLJ's Chief Counsel Jay Sekulow. "The issue of judicial nominees was very important to the electorate," he added. "With more than 60-million voters propelling President Bush to a second term -- and the defeat of filibuster advocate Senator Daschle -- it's clear that the American people do not want see business as usual -- the continued use of filibusters to prevent up-or-down votes on judicial nominees." Sekulow, who has prepared a legal memorandum on the subject, said the Senate has the authority to amend its own rules. "We urge the leadership and members of the Senate to do just that," he said. The ACLJ has sent letters to Senate Majority Leader Bi ll Frist (R-Tenn.) and members of the Senate Judiciary Committee -- urging them to change Senate rules so 60 votes will no longer be required to cut off a filibuster.
    Read the latest news here
     Featured Update
    San Diego Student Censorship Case Given Go-Ahead
    Jim Brown

    A lawsuit challenging a San Diego school district's censorship of a Christian student will go to trial. At issue is a decision by Poway High School to suspend student Chase Harper for wearing a T-shirt displaying the messages "Homosexuality is shameful" and "Our school embraced what God has condemned." Harper wore the shirt during the school's pro-homosexual "Day of Silence" observance in April. On behalf of Harper, the Alliance Defense Fund filed a federal lawsuit against the district, claiming their client was suspended for expressing his religious beliefs. In response, the district sought to dismiss the trial. But a federal district court judge did not grant the district's motion for dismissal, nor did he grant Harper's motion for preliminary injunction. ADF attorney Bob Tyler says the school violated his client's First Amendment rights. "The Constitution does not allow government to prohibit speech just because it comes from a religious perspective -- especially on a day that they are allowing speech on the same topic coming from a secular perspective," he says. Such an attitude, in the attorney's opinion, displays a one-sided view of tolerance.
    Read the latest news here
     Featured Update
    Why Specter? Conservative Group Asks
    Susan Jones

    It looks like Republicans will allow Sen. Arlen Specter (R-Pa.) to become chairman of the Senate Judiciary Committee despite fierce opposition from conservatives, and that possibility is drawing a sharp response from the public policy group Concerned Women for America. Republican senators shouldn't put Specter in charge of the hen house, CWA said in a press release, after Specter, on Tuesday, met privately with Republican Senators to ask for their support. Sen. Orrin Hatch, the current chairman of the Judiciary Committee, told reporters that Sen. Specter "handled himself very well. I expect him to be the next chairman. I think it will be resolved satisfactorily." Jan LaRue, CWA's chief counsel, said, "The Republicans are cutting a deal with Specter to allow him to become chairman of the Senate Judiciary Committee despite his insult to the president, his 24-year liberal record, his double-speak and his core beliefs about judges and the Constitution, which conflict with the pre sident's." In recent comments, Specter sounded like he was warning President Bush not to send any pro-life or overly conservative judicial nominees to the Judiciary Committee. CWA notes that seniority generally dictates who will chair Senate committees - but not always. "When Jon Kyl, Jeff Sessions or John Cornyn would make a great [Judiciary Committee] chairman, why in the world would Republicans take the great risk of trusting Specter?," LaRue asked.
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