Category Archives: news

Rutherford Institute Files Habeas Corpus Petition in Federal District Court for Phoenix Man Jailed for Home Bible Studies

PHOENIX, Ariz. — Attorneys for The Rutherford Institute have filed a petition for writ of habeas corpus in the United States District Court for the District of Arizona in the case of a Phoenix man who is serving a 60-day jail sentence and was fined more than $12,000 for using his private residential property to host a weekly Bible study, allegedly in violation of the city’s building codes. Institute attorneys are challenging the legality of Michael Salman’s imprisonment as a violation of his First Amendment and statutory rights to religious freedom and assembly, in addition to challenging the City’s assertion that if a person holds Bible studies or other forms of religious worship at his residence, he is required to comply with all local laws relating to an actual church that is open to the public. This latest filing comes after Institute attorneys petitioned the Arizona Supreme Court for habeas corpus relief, to no avail. Upon his eventual release from Lower Buckeye Jail, Salman will additionally be subjected to home arrest and random home inspections for allegedly violating his probation by continuing to hold Bible studies on his private property after being ordered not to have more than 12 people gathered on his property at any one time.

“While Michael Salman should never have been charged with a crime for simply exercising his religious beliefs on his own property, to keep him in prison while the question of his basic rights is being considered is the ultimate injustice,” said John W. Whitehead, president of The Rutherford Institute. “The continued imprisonment of Michael Salman for simply worshipping God with his family and friends on his own property demonstrates the lengths to which government bureaucrats will go in service of imposing dubious regulations on average citizens.”

Since 2005, Michael Salman and his wife Suzanne have hosted Bible studies for family and friends. However, after some neighbors allegedly complained about the gatherings, city officials got involved. In 2007, city officials ordered the Salmans to stop holding the Bible studies in their home, insisting that they were in violation of the zoning ordinance and construction code. The Salmans subsequently erected a 2,000-square-foot building in their backyard, large enough to hold approximately 40 people, which they proceeded to use for their weekly Bible studies. Attendees parked their vehicles on the Salmans’ 1.5 acre property. In June 2009, nearly a dozen police officers, accompanied by city inspectors, raided the Salmans’ property, searching for violations. Having determined that Salman’s weekly Bible studies constituted a church, city officials subsequently charged Salman with being in violation of various code regulations that apply to commercial and public buildings, including having no emergency exit signs over the doors, no handicap parking spaces or handicap ramps. Salman was later found guilty of 67 code violations. In coming to Salman’s defense, The Rutherford Institute is challenging the city’s assertion that “Bible studies are not allowed to be conducted in your residence or the barn on your property as these structures do not comply with the construction code for this use.” The Institute argues that Salman’s religious gatherings should have been treated as accessory uses under the regulations governing residential property. However, city officials claim that they can treat the Bible studies differently than family reunions, football parties or Boy Scouts solely because they are “religious worship.”

World Congress of Families Leadership Letter Protests U.S. Embassy Participation in Prague “Gay Pride” Parade

More than 120 pro-family and pro-life leaders from 11 countries signed a letter initiated by the World Congress of Families, protesting the U.S. Embassy’s participation in the Prague “Gay Pride” parade on August 18.

Signers include a former President of the Southern Baptist Convention, a former Majority Leader of the U.S. House of Representatives, a former Arkansas Governor, the head of Torah Jews for Decency and the former Venezuelan Ambassador to the Vatican. (Click here for list of all signers.)

The letter notes that the Obama administration has made promoting gay rights – including same-sex marriage – a foreign policy priority. If also observes the irony of those who complain ceaselessly about “cultural imperialism,” trying to force the worldviews of the American left on societies with traditional values.

It further comments that: “The United Nations has never affirmed homosexual marriage or rights” and that the UN Universal Declaration of Human Rights specifically says that “men and women…have a right to marry and found a family.” Family is described as “the natural and fundamental group unit of society” and, as such, “is entitled to protection by society and the state.”

The Madrid Declaration of World Congress of Families VI (May 25-27, 2012) – unanimously adopted by more than 3,200 delegates from 72 countries – reads in part: “We affirm the natural family to be the union of a man and a woman through marriage for the purposes of sharing love and joy, propagating children, providing their moral education, building a vital home economy, offering security in times of trouble, and binding the generations.”

The letter continues: “Regarding ‘gay rights,’ those caught up in this lifestyle have the same rights as other citizens. This does not include the ‘right’ to force others to validate a lifestyle they find objectionable, for religious or other reasons. It also does not include the right of men to marry men and women to marry women. The foregoing pseudo-rights do not advance human freedom and dignity but debase them.” (Click here to read the full text.)

World Congress of Families Managing Director Larry Jacobs observed: “When the Czechs asked us to rally international support for the natural family, it was serendipitous. World Congress of Families I was held in Prague in 1997, with the support the Civic Forum and Michal Semin, who’s organized opposition to the Prague gay parade.

New Analysis Of World Maternal Mortality Confirms Health Care, Not Abortion, Key Factor in Saving Lives

Improved medical care, not abortion, is the solution to the problem of maternal deaths in the developing world, according to a new analysis of research from Chile and other sources. The analysis was released today at the World Health Assembly (WHA) in Geneva by Minnesota Citizens Concerned for Life Global Outreach (MCCL GO) and National Right to Life Educational Trust Fund (NRLC), an NGO based in Washington, D.C. Leaders of both organizations called for a renewed emphasis on improving health care for women as the only sure means of reducing maternal mortality.

“We have known for decades that most maternal deaths can be prevented with adequate nutrition, basic health care, and good obstetric care throughout pregnancy, at delivery, and postpartum,” said Jeanne Head, R.N., National Right to Life vice-president for international affairs and U.N. representative. “Yet some in the international community have focused their resources primarily on legalizing abortion at the expense of women’s lives.”

“Our analysis presents clear, factual evidence to repudiate the claim that legalized abortion reduces maternal mortality,” said MCCL GO Executive Director Scott Fischbach.

The analysis, “Women’s Health & Abortion,” compares the impact of improved medical care and legalized abortion on maternal mortality rates in several countries. Maternal deaths declined sharply in the United States through the 1930s and 1940s, for example, coinciding with advancements in maternal health care, obstetric techniques, antibiotics and in the general health status of women. This occurred long before the widespread legalization of abortion.

Chile offers the most striking proof that maternal mortality is unrelated to the legal status of abortion. Chile sharply reduced its maternal mortality rate even after its prohibition of abortion in 1989, and now has the lowest maternal mortality rate in Latin America. Even maternal deaths due specifically to abortion declined—from 10.78 abortion deaths per 100,000 live births in 1989 to 0.83 in 2007, a reduction of 92.3 percent after abortion was made illegal.
In the developing world, the danger of legalized abortion is profound, the analysis found. Ms. Head explains: “Women generally at risk because they lack access to a doctor, hospital, or antibiotics before abortion’s legalization will face those same circumstances after legalization. And if legalization triggers a higher demand for abortion, as it has in most countries, more injured women will compete for those scarce medical resources. The number of abortion-related maternal deaths may actually increase.”

MCCL GO and National Right to Life called upon the WHA to focus its resources on the improvement of women’s health care in the developing world.

“We urge the World Health Assembly to adopt measures to significantly reduce maternal mortality in the developing world by improving women’s health care,” Mr. Fischbach added. “We call upon the WHA to save lives, not expend endless energy and resources in areas where there is profound disagreement, such as the legalization of abortion.”

Greene County Traffic Fatalities Update

The Greene County Safe Communities program reports that as of July 24th, 2012, there have been a total of eight (8) traffic fatalities in Greene County. This compares with a total of eleven (11) traffic deaths for the entire year of 2011.

The top five (5) causes for the majority of these crashes that have resulted in death and/or injury in Greene County are following too closely, failure to yield, failure to control, improper lane change and distractions (i.e. cell phone use/texting). These deaths, while tragic, and injuries sustained were all preventable. Please…park your phone, avoid all distractions, drive sober and obey all traffic signs and signals. The Safe Communities coalition will continue to work with schools, businesses and the general public to provide educational materials and information to keep Greene County citizens safe on the roadways.

The safety of our Greene County residents while they are traveling on the roads is our biggest concern. As we are now on the backside of summer, heading into the fall and winter months, Safe Communities would like to remind all drivers to buckle up, park your phone and drive responsibly or secure a designated driver. Someone cares about you and your life is worth saving!

The Safe Communities program was developed to help communities decrease traffic injuries and deaths, increase safety awareness, decrease the amount of money spent on traffic-related injuries, and increase the number of people involved in keeping communities safe.

The next meeting of the Greene County Safe Communities Coalition is Wednesday, September 26th, 9 a.m. at the Greene County Combined Health District in Xenia with a presentation from MADD (Mothers Against Drunk Driving) on “The Power of Parents”. The public is welcome to attend. For more information, contact Laurie Fox at 937-374-5669 or email lfox@gcchd.org.

Pastor On Trial for Helping Mother & Daughter in Same-Sex Custody Battle Travel Internationally

by Wendy Wright

A judge orders that a little girl be taken from her mother and given to a lesbian woman with whom the little girl has no biological ties or relationship.

An Amish/Mennonite pastor is on trial for allegedly, and perhaps partially unknowingly, helping the mother and daughter travel to another country.

Yet homosexual advocates say that same-sex marriage or unions don’t affect anyone other than the individual couples.

The trial of Pastor Kenneth Miller began this week in Vermont. He is accused of helping Lisa Miller (no relation) leave the U.S. in 2009 for Central America with her then-7 year old daughter Isabella.

As with many custody cases, there are many details and twists and turns. This story is replete with state officials allowing another state’s same-sex civil union laws trump their own laws upholding traditional marriage.

Years ago, Janet Jenkins and Lisa Miller, both of whom lived in Virginia, entered into a civil union in Vermont. Lisa had Isabella through the aid of a fertility clinic. Soon after, Janet and Lisa broke up. The mother and child lived in Virginia, where Lisa became a Christian and renounced her former ways. Janet lives in Vermont.

A few years later, a custody battle ensued in Vermont. Virginia does not recognize same-sex marriage or unions. That state has both a constitutional amendment and a state law only recognizing traditional marriage.

Yet judges in Virginia defied those laws and incomprehensibly ruled that Virginian citizens Lisa and Isabella must obey Vermont’s laws and court rulings.

A Vermont judge had ordered that Lisa hand Isabella over to Janet Jenkins for unsupervised days-long visits.

Isabella had returned from these visits with this virtual stranger recounting episodes that left her not wanting to go back, like being required to bathe with Janet. Soon after Lisa and Isabella disappeared, the judge – to punish Lisa for not producing Isabella for a visit – gave full custody to Janet.

The case has become a cause celebre for homosexual activists with the New York Times on the trail of Lisa and Isabella. The newspaper recently ran a story on an Amish/Mennonite community in Nicaragua where the mother and daughter had lived for a time as the FBI and Interpol conducted an international manhunt. They sought the pair, claiming Lisa “abducted” her daughter.

The New York Times reported this week on as the trial began against Kenneth Miller who prosecutors accuse of driving Lisa and Isabella from Virginia to New York in 2009, where they crossed into Canada to then fly to Central America.

A website set up by supporters to follow Pas. Miller’s case can be found at Millercase.org

As they state, “When considering the correct response in this case, we take inspiration from Jesus’ way of relating to people in whatever situation they were in – that is with compassion and lack of condemnation . . . We wish to clarify that this was an act of mercy without a political agenda.”

This article was originally posted on the Turtle Bay and Beyond blog by Wendy Wright, who is Vice President for Government Relations and Communications at the Catholic Family & Human Right Institute.

Flu Virus Cases Confirmed in Greene County

(XENIA, OH) The Ohio Department of Health (ODH) along with local health departments has identified several human cases of Influenza A variant H3N2 in Ohio. There are currently 30 cases of H3N2v statewide; all individuals had direct contact with swine at fairs and no human-to-human passage of the virus has been confirmed. There are four (4) confirmed cases of H3N2v in Greene County affecting the age group of infants to preteens. To date, none of the confirmed cases have been hospitalized.

What is the Origin of The Flu Virus?

Type A influenza viruses, including H3N2 and the variants, commonly infect swine, causing outbreaks among swine herds. Most of the type A influenza viruses that infect swine are genetically very different from human (seasonal) influenza viruses. While these variant influenza viruses seldom infect humans, such infections can and do occur. In fact, influenza viruses can spread both from swine to humans and from humans to swine.

How Are Variant Influenza Viruses Spread?

When a human is infected with a flu virus that normally circulates in swine, this virus is called a “variant virus” because it is different from seasonal influenza viruses. These infections have been most likely to occur when people are in direct contact with infected swine, such as in swine barns and livestock exhibits housing swine at fairs. This kind of transmission is thought to occur in the same way that seasonal flu transmits in people, which is mainly through coughing or sneezing by people who are infected. People also may become infected by touching something with flu viruses on it and then touching their mouth or nose. It’s important to note that in most cases, variant flu viruses have not shown the ability to spread easily and sustainably from person-to-person.

Although there is no reason to avoid state or county fair activities, you are encouraged to take precaution especially in the animal exhibit areas.

Take Action to Prevent the Spread of Flu Viruses

  • Wash your hands with soap and running water before and after exposure to animals.
  • Never eat, drink or put things in your mouth in animal areas, and don’t take food or drink into animal areas.
  • Young children, pregnant women, people 65 and older and people with weakened immune systems should be extra careful around animals.
  • If you have animals – including swine – watch them for signs of illness and call a veterinarian if you suspect they might be sick.
  • Avoid close contact with animals that look or act ill, when possible.
  • Avoid contact with swine if you are experiencing flu-like symptoms.
  • If you must come in contact with swine while you are sick, or if you must come in contact with swine known or suspected to be infected, or their environment, you should use appropriate protective measures (for example, wear protective clothing, gloves, masks that cover your mouth and nose, and other personal protective equipment) and practice good respiratory and hand hygiene.

    Is It Safe To Eat Pork?

    Yes. H3N2 variant has not been shown to be transmissible to people through eating pork or other products derived from swine.

    What Symptoms Do People Have When They are Infected With Variant Viruses?

    People who have been infected with variant viruses have had symptoms similar to the symptoms of regular human seasonal influenza. These include fever, tiredness, lack of appetite and coughing. Some people also have reported runny nose, sore throat, eye irritation, nausea, vomiting and diarrhea.

    If You Get Sick

  • Flu symptoms usually include fever and respiratory symptoms, such as cough and runny nose, and possibly other symptoms, such as body aches, nausea, or vomiting or diarrhea.
  • If you live in an area where H3N2v or other variant virus infections have been identified recently and develop flu-like illness, contact your health care provider (a doctor, physician’s assistant, nurse practitioner, etc.). Tell them if you have had contact with swine or with other sick people.
  • Whenever you have flu symptoms and are seeing a health care provider, always remember to tell them if you have asthma, diabetes, heart disease, neurological and neurodevelopmental conditions, are pregnant, or are older than 65 or younger than 5 years.
  • These conditions and age factors (and others) put you at high risk of serious complications if you get the flu. Health care providers will determine whether influenza testing and possible treatment are needed.
  • Most of the people who have been infected with H3N2v so far have been children.
  • For further information, please contact the Greene County Combined Health District at 937-374-5600.

    Xenia School District Income Tax Replacement Levy Rejected by Voters

    Xenia Community School District income tax replacement levy was rejected by voters. Almost 28 percent of voters, favored the proposed levy while 72 percent opposed it. As has been widely publicized, the current 1/2 percent income tax remains as one the school’s revenue sources. As projected by the District, a budget surplus in excess of $1.8 million is expected in fours or less.

    Obama Administration’s War on Persecuted Christians

    by Raymond Ibrahim
    Special to IPT News
    August 2, 2012
    http://www.investigativeproject.org/3695/obama-administration-war-on-persecuted-christians

    The Obama administration’s support for its Islamist allies means a lack of U.S. support for their enemies or, more properly, victims—the Christian and other non-Muslim minorities of the Muslim world. Consider the many recent proofs:

    According to Pete Winn of CNS:

    The U.S. State Department removed the sections covering religious freedom from the Country Reports on Human Rights that it released on May 24, three months past the statutory deadline Congress set for the release of these reports. The new human rights reports—purged of the sections that discuss the status of religious freedom in each of the countries covered—are also the human rights reports that include the period that covered the Arab Spring and its aftermath. Thus, the reports do not provide in-depth coverage of what has happened to Christians and other religious minorities in predominantly Muslim countries in the Middle East that saw the rise of revolutionary movements in 2011 in which Islamist forces played an instrumental role. For the first time ever, the State Department simply eliminated the section of religious freedom in its reports covering 2011… (emphasis added).

    The CNS report goes on to quote several U.S. officials questioning the motives of the Obama administration. Former U.S. diplomat Thomas Farr said that he has “observed during the three-and-a-half years of the Obama administration that the issue of religious freedom has been distinctly downplayed.” Leonard Leo, former chairman of the U.S. Commission on International Religious Freedom, said “to have pulled religious freedom out of it [the report] means that fewer people will obtain information,” so that “you don’t have the whole picture.”

    It’s not the first time the administration has suppressed knowledge concerning the suffering of religious minorities under Islam. Earlier it suppressed knowledge concerning Islam itself (see here for a surreal example of the effects of such censorship).

    In “Obama Overlooks Christian Persecution,” James Walsh gives more examples of State Department indifference “regarding the New Years’ murders of Coptic Christians in Egypt and the ravaging of a cathedral,” including how the State Department “refused to list Egypt as ‘a country of particular concern,’ even as Christians and others were being murdered, churches destroyed, and girls kidnapped and forced to convert to Islam. ”

    And the evidence keeps mounting. Legislation to create a special envoy for religious minorities in the Near East and South Central Asia—legislation that, in the words of the Washington Post, “passed the House by a huge margin,” has been stalled by Sen. James Webb, D-Va.:

    In a letter sent to Webb Wednesday night, Rep. Frank Wolf [R-Va, who introduced the envoy bill] said he “cannot understand why” the hold had been placed on a bill that might help Coptic Christians and other groups “who face daily persecution, hardship, violence, instability and even death.”

    Yet the ultimate source of opposition is the State Department. The Post continues:

    Webb spokesman Will Jenkins explained the hold by saying that “after considering the legislation, Senator Webb asked the State Department for its analysis.” In a position paper issued in response, State Department officials said “we oppose the bill as it infringes on the Secretary’s [Hillary Clinton’s] flexibility to make appropriate staffing decisions,” and suggested the duties of Wolf’s proposed envoy would overlap with several existing positions. “The new special envoy position is unnecessary, duplicative, and likely counterproductive,” the State Department said (emphasis added).

    But as Wolf explained in his letter: “If I believed that religious minorities, especially in these strategic regions, were getting the attention warranted at the State Department, I would cease in pressing for passage of this legislation. Sadly, that is far from being the case. We must act now…. Time is running out.”

    Much of this was discussed during Coptic Solidarity’s third annual conference in Washington D.C. last month, which I participated in, and which featured many politicians and lawmakers—including the U.K.’s Lord Alton, Senator Roy Blunt, Congressman Trent Franks, Congressman Joseph Pitts, and Frank Wolf himself. As Coptic Solidarity’s summary report puts it, “All policy makers voiced strong support to the Copts…. Some policy makers raised concerns about the current U.S. Administration’s overtures towards religious extremists.”

    There was little doubt among the speakers that, while Webb is the front man, Hillary Clinton—who was named often—is ultimately behind the opposition to the bill. (Videos of all speakers can be accessed here; for information on the envoy bill and how to contact Webb’s office, click here).

    Even those invited to speak about matters outside of Egypt, such as Nigerian lawyer and activist Emmanuel Ogebe, wondered at Obama’s position that the ongoing massacres of Christians have nothing to do with religion. After describing the sheer carnage of thousands of Christians at the hands of Muslim militants, lamented that Obama’s response was to pressure the Nigerian president to make more concessions, including by creating more mosques (the very places that “radicalize” Muslims against infidel Christians).

    Indeed, while the administration vocally condemned vandal attacks on mosques in the West Bank (where no Muslims died), it had nothing to say when Islamic terrorists bombed Nigerian churches on Easter Sunday, killing some 50 Christians and wounding hundreds. And when the Egyptian military indiscriminately massacred dozens of unarmed Christians for protesting the nonstop attacks on their churches, all the White House could say is, “Now is a time for restraint on all sides”—as if Egypt’s beleaguered Christian minority needs to “restrain” itself against the nation’s military, a military that intentionally ran armored vehicles over them at Maspero.

    In light of all this, naturally the Obama administration, in the guise of the State Department, would oppose a bill to create an envoy who will only expose more religious persecution that the administration will have to suppress or obfuscate?

    Bottom line: In its attempts to empower its Islamist allies, the current U.S. administration has taken up their cause by waging a war of silence on their despised enemies—the Christians and other minorities of the Islamic world.

    Chick-fil-A Appreciation Day A Success

    Although I can offer no dollar figure to measure the level of the Chick-fil-A Appreciation Day event, the long lines witnessed at the Fairfield Road restaurant
    was proof enough. There were multiple lines of people streaming in and out of the restaurant. There were two lines of cars circling the building with 5 friendly attendants taking and serving orders. The lines extended into the street both at noon and at 2 PM. If the same was true at other locations across the nation, the event to support a Christian owned restaurant was a huge success indeed.

    Of course, it was a wonderful political statement as well. Supporting the family and the traditional meaning of marriage is certainly worthy of support.

    New Report Debunks Myths Surrounding Public-Private Transportation Partnerships

    By Kevin Holtsberry

    In an era of declining transportation funding, public-private partnerships have the potential to offer greater flexibility and increased infrastructure investment. Given their potential, and the importance of the issue to our state’s future, this tool should be evaluated based on facts and data not myths and emotional reactions. To that end we here at the Buckeye Institute partnered with the Reason Foundation to release a new report: Ten Myths and Facts on Transportation Public-Private Partnerships.

    This report, the first of a series, seeks to clear away the fear and misconceptions surrounding public-private partnerships (sometimes know as PPPs or P3s) so that policy makers and the public can have an informed debate about how best to address Ohio’s critical transportation and infrastructure needs and how this tool might fit within the state’s larger strategy.

    Too often confusion and misinformation has dominated debates surrounding “privatization” and P3s; whether it is the turnpike or parking garages or other government assets. I believe this report will help demystify the issue based on real experience and data.

    Here are a few examples from the report:

    Myth: PPPs involve the “sale” of roads to private interests.

    Fact: PPPs do not involve the sale of any facilities by governments to private sector interests.

    Myth: Private toll road operators can charge unlimited tolls in PPP deals.

    Fact: Future toll rates are a policy decision and are determined by state officials upfront before a concession agreement is signed.

    Myth: Government loses control of public assets in PPP deals.

    Fact: Government never loses control and can actually gain more control of outcomes in well-crafted PPP arrangements.

    Myth: PPPs involve selling our roads to foreign companies.

    Fact: Foreign investment in our nation’s infrastructure represents the reverse of outsourcing. It’s could more properly be viewed as “insourcing” where significant amounts of foreign investment are spent here in the state.

    Myth: Government ends up holding the bag if a PPP project goes bankrupt.

    Fact: In the event of a corporate bankruptcy on the part of a private sector investor-operator, the asset would revert to the project lenders who, with permission from the state, would select a new operator.

    Effective and efficient government should always be our goal, but with transportation funding shrinking and demand growing, it is critical we evaluate all our options. P3s should be considered as part of Ohio’s broader strategy as they have the potential to offer greater flexibility and increased leverage of public assets.

    An informed debate will lead to better decisions and more options for Ohio. There is too much at stake to settle for anything less.

    Kevin Holtsberry is president of the Buckeye Institute for Public Policy Solutions.