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Parents Sue School For Making Children ‘Religious Guinea Pigs’ — By Teaching Them Yoga

Children being indoctinated

A San Diego couple is suing the area’s school district for allegedly violating their children’s religious freedom by offering yoga classes for physical education.

Stephen and Jennifer Sedlock actually have the option to opt their children out of taking the classes, which the school’s superintendent describes as, “stretching, moving, breathing.” But their lawyer, a part of the conservative National Center for Law and Policy, still believes there is a strong case for why yoga classes are an unconstitutional violation religious freedom:

In a press release issued by Escondido-based National Center for Law and Policy, attorney Dean Broyles said the Encinitas yoga program was a “breach of public trust” that sets a “dangerous precedent.”

“This is frankly the clearest case of the state trampling on the religious freedom rights of citizens that I have personally witnessed in my 18 years of practice as a constitutional attorney,” Broyles said.

The lawsuit, which alleges civil rights violations, was filed in San Diego Superior Court. It ultimately seeks to suspend the yoga program indefinitely and “restore traditional physical education to the district.”

If the couple’s lawyer thinks that this is “the clearest case of the state trampling on [religious] freedoms” that he has witnessed, he may want to look a little harder. The First Amendment does not simply protect against legitimate threats to the free exercise of faith, it also forbids the government from endorsing religious views or forcing religion upon others — most often non-Christians. So when an Indiana lawmaker proposes requiring “the recitation of the Lord’s Prayer at the beginning of each school day,” that’s a violation of religious freedom. When a conservative judges places a massive Ten Commandments monument in the middle of the Alabama Judicial Building, that’s a violation of religious freedom.

When a child does a yoga pose, on the other hand, that’s just a good way to stay in shape.

South African Student Who Accidentally Shot Himself Allegedly Used School Guard’s Gun

A 13-year-old student in Durban, South Africa accidentally shot himself in the leg at school this week – reportedly using a school security guard’s gun. Guards are not armed at the school, but this guard had allegedly brought his personal gun from home. IOL reports:

A security guard was on duty at an oThongathi (Tongaat) primary school when the teen allegedly removed the guard’s private gun from his unsecured bag.

The Grade 7 pupil at Hambanathi Primary, sustained a single gunshot wound to his thigh and is reported to be in a stable condition at Osindisweni Hospital, in Verulam.

According to the school principal, he had allegedly removed the gun from the guard’s bag and was attempting to shove it into the waist of his pants, when a shot accidentally went off, said the school principal, Mrs S Mahlinza.

The guard, who was meant to be unarmed, is contracted by the KwaZulu-Natal Department of Education.

He has been arrested and charged for failing to secure his firearm.

The incident has prompted calls for “urgent” action to ban guns in schools, with officials citing the recent Newton, Ct. tragedy. In the United States, meanwhile, the National Rifle Association has urged more armed school guards as a solution to preventing future school shootings, and several states are now considering legislative proposals, in spite of scientific and historical evidence that armed school guards don’t prevent these sorts of incidents. Many states are even implementing programs to arm teachers and add gun courses for students.

The physical danger of armed guards highlighted by this incident is not the only threat posed by the NRA’s plan. Placing more officers in schools has also been correlated with drastic and racially disproportionate upticks in student arrests – often as an alternative means of school discipline. The criminalizing of minor student infractions known as the “school-to-prison pipeline” is already an epidemic in some states, and has the potential to dramatically alter a child’s future by funneling them out of school and into the criminal justice system.

Montana Bill Would Give Corporations The Right To Vote

Montana State Rep. Steve Lavin (R)

A bill introduced by Montana state Rep. Steve Lavin would give corporations the right to vote in municipal elections:

Provision for vote by corporate property owner. (1) Subject to subsection (2), if a firm, partnership, company, or corporation owns real property within the municipality, the president, vice president, secretary, or other designee of the entity is eligible to vote in a municipal election as provided in [section 1].

(2) The individual who is designated to vote by the entity is subject to the provisions of [section 1] and shall also provide to the election administrator documentation of the entity’s registration with the secretary of state under 35-1-217 and proof of the individual’s designation to vote on behalf of the entity.

The idea that “corporations are people, my friend” as Mitt Romney put it, is sadly common among conservative lawmakers. Most significantly of all, the five conservative justices voted in Citizens United v. FEC to permit corporations to spend unlimited money to influence elections. Actually giving corporations the right to vote, however, is quite a step beyond what even this Supreme Court has embraced.

The bill does contain some limits on these new corporate voting rights. Most significantly, corporations would not be entitled to vote in “school elections,” and the bill only applies to municipal elections. So state and federal elections would remain beyond the reach of the new corporate voters.

In fairness to Lavin’s fellow lawmakers, this bill was tabled shortly after it came before a legislative committee, so it is unlikely to become law. A phone call to Lavin was not returned as of this writing.

According to the Center for Media and Democracy, Lavin was a member of the American Legislative Exchange Council’s (ALEC) now defunct Public Safety and Elections Task Force. Last year, pressure from progressive groups forced ALEC to disband this task force, which, among other things, pushed voter suppression laws.

House Republicans Strip Protections From LGBT Victims In New Violence Against Women Act

The Violence Against Women Act expired at the end of 2012 after House Republicans refused to accept the Senate bill’s protections for LGBT, Native American, and undocumented victims. Though the Senate passed another bipartisan VAWA reauthorization over a week ago, House Republicans may derail passage once again. On Friday, House GOP leaders released their own VAWA bill, stripping protections for LGBT individuals and adding a loophole for Native American victims.

Where the Senate bill granted access to federal grants for LGBT victims, the House bill is silent, removing all mention of “sexual orientation” or “gender identity.” As a result of this omission, LGBT-inclusive crisis centers could be shut out from essential grant programs:

The House GOP bill entirely leaves out provisions aimed at helping LGBT victims of domestic violence. Specifically, the bill removes “sexual orientation” and “gender identity” from the list of underserved populations who face barriers to accessing victim services, thereby disqualifying LGBT victims from a related grant program. The bill also eliminates a requirement in the Senate bill that programs that receive funding under VAWA provide services regardless of a person’s sexual orientation or gender identity.

The House bill also gives states some wiggle room by shifting greater authority to state government to decide which victimized groups are “underserved” and therefore deserve funding.

The Senate bill’s protections for Native American victims were also protested as “unconstitutional” and received vocal opposition from House Majority Leader Eric Cantor (R-VA). Though the House bill does grant tribal courts the authority to prosecute non-native perpetrators of domestic abuse, these abusers can only receive a maximum sentence of 1 year. The bill states, “A participating tribe may exercise this special domestic violence jurisdiction over only domestic or dating violence offenses punishable by up to one year committed in Indian country against a tribal member or non-tribal member Indian who resides in Indian country.” The House also adds a provision allowing the accused to take their case to federal court if they feel their rights are being violated. Currently, Native American victims with non-native partners are caught in a limbo where tribal courts cannot touch perpetrators but federal law enforcement does not have jurisdiction.

Since its inception in 1994, VAWA has been instrumental in driving down the number of partner homicides and establishing community programs to help women in abusive situations.

Update

Sen. Patty Murray (D-WA), a chief advocate for VAWA in the Senate, blasted the House bill as a “non-starter” and called for moderate Republicans to take action: “It’s not a compromise, it’s an unfortunate effort to exclude specific groups of women from receiving basic protections under the law… The protections included in the Senate for new communities of women are not bargaining chips that can be played with in order to appease the far right in their party. These are badly needed new tools to give women an escape from a life stunted by abuse…It’s time for moderate Republicans in the House to step up and finally force their leadership to stop ignoring the calls of women across the country.”

Ted Cruz Claims He Has A List Of Communists Who Have Infiltrated Harvard Law

Ted Cruz (L) and Joe McCarthy (R)

During the confirmation hearing for Sen. Chuck Hagel (R-NE), Sen. Ted Cruz engaged in guilt-by-association tactics that reminded several observers (including this author) of former Sen. Joseph McCarthy (R-WI)’s baseless claim to have “a list” of Communists who had infiltrated the U.S. State Department.

It turns out Cruz was even more like McCarthy than previously thought. He believes that “Marxists who believed in the Communists overthrowing the United States government” have infiltrated the Harvard Law School faculty, outgunning the embattled campus conservatives.

Cruz’s Communist comments came in a speech to the Koch-supported group Americans for Prosperity unearthed by The New Yorker‘s Jane Mayer. Mayer attended the speech, and wrote down the text of Cruz’ McCarthyite allegations, which also linked President Obama to the so-called revolutionary Marxists at Harvard:

Cruz greeted the audience jovially, but soon launched an impassioned attack on President Obama, whom he described as “the most radical” President “ever to occupy the Oval Office.” (I was covering the conference and kept the notes.)

He then went on to assert that Obama, who attended Harvard Law School four years ahead of him, “would have made a perfect president of Harvard Law School.” The reason, said Cruz, was that, “There were fewer declared Republicans in the faculty when we were there than Communists! There was one Republican. But there were twelve who would say they were Marxists who believed in the Communists overthrowing the United States government.

Like McCarthy, Cruz doesn’t name names, and that’s no surprise. As Mayer notes, “Under the Smith Act, it is a crime to actively engage in any organization pursuing the overthrow of the U.S. government.” So Cruz’s allegation could potentially mean he’s accusing a large chunk of the Harvard faculty of engaging in a federal felony.

It’s also extremely unlikely that there were any truly revolutionary Marxists at Harvard. The intellectual cohort Mayer guesses he was pointing to are advocates of Critical Legal Studies (CLS), an intellectual movement with strong roots at Harvard Law. CLS scholars argue that law and legal texts are indeterminate; in greatly simplified terms, that the law can be interpreted in basically whatever fashion judges choose. Taking after a long tradition of leftist thought (including Marx himself), CLS advocates argue that the fact of legal indeterminacy means law ends up reflecting the will and the interests of the powerful (principally rich, white men) rather than neutral adjucations of the principles that are supposed to underpin the law. A more comprehensive introduction, from Harvard Law Professor Roberto Unger, can be found here.

It’s true that this is an extremely left-wing analysis of the way that law works, but that doesn’t mean they actually wanted the Soviets to win the Cold War by overthrowing the US government, as Cruz said. Indeed, as Mayer notes, perhaps the most famous CLS exponent at Harvard, Duncan Kennedy, identifies as a “social democrat,” not a Communist and certainly not a revolutionary Soviet.

A majority of the Supreme Court’s conservative bloc attended Harvard Law School. No Marxists (that ThinkProgress is aware of) from Harvard have ascended to the Supreme Court.

Update

A Cruz spokesperson defended the Senator’s claim. “It’s curious that the New Yorker would dredge up a three-year-old speech and call it ‘news,’” Catherine Frazier told TheBlaze late Friday. “Regardless, Senator Cruz’s substantive point was absolutely correct: in the mid-1990s, the Harvard Law School faculty included numerous self-described proponents of ‘critical legal studies’ — a school of thought explicitly derived from Marxism – and they far outnumbered Republicans.”

Pennsylvania Supreme Court Justice Convicted On Corruption Charges

A suspended Republican Pennsylvania Supreme Court Justice and her sister have been convicted on multiple corruption counts for their use of paid judicial and legislative staff in judicial campaigns. Justice Joan Orie Melvin’s former clerks and interns had alleged that Melvin forced them to work on her campaign, and asked to falsify records to obtain “street money” to get people to the polls. The Pittsburgh Post-Gazette reports:

The sisters were charged with misapplication of government funds, theft of services and conspiracy for using the justice’s former Superior Court staff and the legislative staff of a third sister, former state Sen. Jane Orie, to run campaigns for the Supreme Court in 2003 and 2009.

Among the allegations are that staffers wrote speeches, drove her to campaign events and worked the polls.

Interns and clerks had also alleged that they faced retaliation for refusing to do the campaign work.

The allegations against Melvin prompted support for the most recent proposal to eliminate judicial elections in Pennsylvania and replace it with merit selection. The bill, however, was killed in June by special interest groups, which aim to install candidates that support their agendas through campaign contributions. Merit selection systems, in which judges are selected by a committee and subject to subsequent retention elections, mitigate the immense political influence and corrupting pressure that accompanies a competitive election.

At Least 5 People Were Accidentally Shot In A Single Day This Week

Travin Varise, who was accidentally shot and killed last month

While gun accidents make up a comparatively small portion of American firearm deaths (the vast majority are intentional homicides or suicides), accidental firearm injury and death is still shockingly common, underlining the scale of America’s gun problem. Every day, local media report several cases where someone accidentally shoots himself or a friend or family member, sometimes fatally. We counted at least five gun accidents on Wednesday:

1. A 4-year-old girl was shot in the leg by a family member who was putting his gun away.

2. A 3-year-old boy found a handgun under the mattress in his parents’ bendroom and shot a family friend in the head.

3. A member of the Air Force pulled the trigger on his gun, reportedly thinking it was unloaded, and sent a bullet that hit a 14-month-old baby in the hand in a nearby apartment.

4. A woman reportedly spun her handgun around and pointed it at her head. She died of a gunshot wound to the head.

5. A 3-year-old was fatally shot in what police said appeared to be a tragic accident.

Children are especially vulnerable to gun violence, either intentional or accidental. According to the Centers for Disease Control, 129 children between age 1-19 died in gun accidents in 2010 (even more take their own lives using a gun belonging to a parent). A Harvard study linked prevalence of guns to unintentional gun-related deaths, finding that the four states with the highest gun ownership rates had mortality rates seven times higher than the four states with the lowest ownership rates.

There’s no real evidence suggesting that family homes with guns are less likely to be victims of crime than ones without deadly weapons.

Maryland Senate Committee Votes To Repeal Death Penalty

A bill to repeal the death penalty in Maryland cleared the state Senate Judicial Proceedings Committee last night. The bill, a major priority for Gov. Martin O’Malley (D-MD), is expected to pass the state senate, where 26 of the body’s 47 members have said they will support the bill.

If the bill also passes the state house, where it is expected to have an easier road than it did in the senate, Maryland will join a growing national trend away from executions. According to a 2011 study by the Death Penalty Information Center, thirty-two U.S. jurisdictions executed no one in the proceeding five years. Moreover, although the death penalty is still technically legal in most states, executions themselves are rare outside handful of mostly Southern states. More than one third of all executions occurred in Texas:

The increasing rarity of the death penalty has constitutional implications. The Eighth Amendment to the Constitution forbids “cruel and unusual punishments.” Thus, as the death penalty becomes more and more unusual — or, as the Supreme Court has put it, as it no longer comports with “evolving standards of decency that mark the progress of a maturing society” — it stands on weaker and weaker constitutional footing.

Justiceline: February 22, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

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