All Articles For Church and State

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. Aborting Protestors Suffer Legal Setback We therefore maintain that the [abortion rights advocates] may maintain this lawsuit if the [protestors] conducted their enterprise through a pattern of racketeering activity. We hold that RICO contains no economic motive requirement.  U.S. Supreme Court,  National Organization for Women  (NOW) v. Schiedler, et. al. (1994) The U.S. Supreme Court held in January that abortion rights advocates may use a federal racketeering law to sue abortion protest groups that organize confrontations at abortion clinics across the nation. The case pitted the...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. Equal Pay Act Applies to Church-Operated School The Equal Employment Opportunity Commission (EEOC) brought a federal suit against the First Baptist Church in northern Indiana for alleged violation of the federal Equal Pay Act. The Act prohibits discrimination “between employees on the basis of sex by paying wages to employees . . . at a rate less wages paid to employees of the opposite sex . . . for equal work….” The EEOC claimed that the Baptist school, which serves preschoolers through eighth graders, paid male...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. It was therefore error for the trial judge to instruct the jury to disregard evidence of Cheek’s understanding that . . . he was not a person required to file a return or to pay income taxes and that wages are not taxable income, as incredible as such misunderstandings of and beliefs about the law might be.  Cheek v. U.S., Supreme Court (1991) Tax Protesters The tax protest movement is a loosely organized group of Americans who refuse to file income tax returns and pay income...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. Lutheran Church — Missouri Synod Radio Station Escapes FCC Affirmative Action Demands The Federal Communications Commission (FCC) regulates the licensure of radio stations and scrutinizes applications for license renewals. One such FCC regulation requires license renewal applicants to satisfy equal employment opportunity (EEO) guidelines forbidding discrimination because of race, color, religion, national origin, or sex. Moreover, stations are specifically compelled to “adopt an affirmative action EEO program targeted to minorities and women.” The Lutheran Church — Missouri Synod owns and operates an AM station and an...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. State Aid to Parochial Schools If Jimmy had chosen to attend an equally appropriate private school devoted to progressive politics, feminism, militarism, or Afrocentrism, the state would have provided a sign language interpreter. Because the values espoused by his school are religious, however, Jimmy forfeited this valuable benefit. This is in plain violation of the free exercise clause….  Brief of Christian Legal Society,  Zobrest v. Catalina Foothills (1993) The perennial conflict over the use of governmental funds in nonpublic schools was heightened recently when the U.S....

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. “…we have not found and defendants have not presented any case that finds the existence of a Fourteenth Amendment fundamental right of parents to direct their children’s secular education free of reasonable regulation. We conclude that parents do not have such a constitutional right requiring a strict scrutiny standard. On the contrary, the state may reasonably regulate education, including the imposition of teacher certification and curricula requirements on home-school programs, in order to advance the legitimate interest of compulsory education.”  People v. Bennett, Michigan Supreme Court...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. “It thus appears that the mansion of constitutionalized abortion law, constructed overnight in Roe v. Wade, must be disassembled door-jam by door-jam, and never entirely brought down, no matter how wrong it might be.” Justice Scalia, Webster v. Reproductive Health Services (concerning opinion).  Contrary to the theological “finding” of the Missouri Legislature [that life begins at conception], a woman’s constitutionally protected liberty encompasses the right to act on her own belief that—to paraphrase St. Thomas Aquinas—until a seed has acquired the powers of sensation and movement,...

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Mr. Lanting, a member of the South Holland Protestant Reformed Church, is a practicing attorney. “Authority over public schools belongs to the state, and cannot be delegated to a local school district defined by the State in order to grant political control to a religious group. “  Kiryas Joel Village School District v. Grumet (1994)  (J. Souter, majority opinion).  “Justice Souter’s position boils down to the quite novel proposition that any group of citizens (say, the residents of Kiryas Joel) can be invested with political power, but not if they all belong to the same religion. Of course such disfavoring...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. For several decades, cultural conservatives’ strategy has been to elect conservatives to government offices and then rely on their help to retake society’s institutions. I was an architect of that strategy…. In terms of the culture war, this strategy has failed. In truth, I think we are caught up in a cultural collapse of historic proportions, a collapse so great it simply overwhelms politics. That’s why I am in the process of rethinking what it is that we, who still believe in our traditional, Western, Judeo-Christian...

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Mr. Lanting, a member of South Holland Protestant Reformed Church, is a practicing attorney. We confess some of our own “sins” for once believing that we could make things right through manipulation of the political system…. The Moral Majority folded in the late eighties, giving way to the Christian Coalition and other organizations that have taken up its agenda, using, with minor variations, the same strategies to achieve the same ends we failed to achieve. Two decades after conservative Christians charged into the political arena, bringing new voters and millions of dollars with them in hopes of transforming the culture...

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