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Utah court rejects appeal from polygamous sect

•  National News     updated  2010/08/30 08:24


Utah's Supreme Court has rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust.

In a ruling issued Friday, justices say members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust.

Valued at $110 million, the trust holds the property in Hildale, Utah and Colorado City, Ariz., the twin border towns where most church members live.

Utah seized the trust in 2005 after allegations of mismanagement by church leaders. A court-appointed accountant has since converted the trust into a secular entity.

FLDS members consider state control of the UEP a violation of their religious rights.


Ginsburg talks about television and the high court

•  National News     updated  2010/08/30 08:24


Supreme Court Justice Ruth Bader Ginsburg says television has profoundly changed confirmation hearings but declined to say whether she'd oppose televising arguments.

Ginsburg told a Colorado judicial conference Friday that TV has made Supreme Court confirmation hearings much longer because senators posture for cameras.

"The people on the Senate Judiciary Committee have all that free time" to stump for the audience, Ginsburg said.

Ginsburg demurred, however, on the question of televising arguments before the high court. She talked about former justices who opposed cameras.

Without naming anyone currently on the court, Ginsburg said, "When you're sitting on a collegial bench, if there is any of you who would be extremely discomforted ... you would defer to that colleague."

Ginsburg talked to several hundred judges gathered for a judicial conference of the U.S. 10th Circuit Court. The justice delivered a speech written by her recently deceased husband, Martin Ginsburg. Martin Ginsburg, a prominent lawyer in his own right, was originally scheduled to address the gathering and prepared the remarks before his death from cancer in June.

After reading the speech, she Ginsburg joined the chief jurist of Canada's Supreme Court, Beverly McLachlin, in a question-and-answer session.




When U.S. District Judge Vaughn Walker struck down California's Proposition 8—the 2008 ballot initiative to outlaw gay marriage—he said the motivation for the majority of voters was clear.

"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote in his sweeping, 136-page decision announced August 4 in San Francisco. "These interests do not provide a rational basis for supporting Proposition 8."

In Walker's reasoning, religion amounts to a "private moral view," which should not infringe upon the constitutional rights of others. While some legal scholars say Walker's decision lands on firm legal ground—a law must advance a secular purpose to pass constitutional muster—some religious leaders accuse the judge of trying to scrub faith from the public square.

On August 5, Prop 8's supporters filed an appeal of Walker's decision. Jim Campbell, an attorney with the Alliance Defense Fund, a conservative Christian law firm involved in the litigation, said the religious freedom argument will play an important role as the case moves up the federal judicial ladder—including, potentially, the U.S. Supreme Court.


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