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	<title>Independence Law Center</title>
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	<description>Independence Law Center</description>
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		<title>Court Case Claims PA and Federal Marriage Law Unconstitutional</title>
		<link>http://independencelaw.org/2012/02/court-case-claims-pa-and-federal-marriage-law-unconstitutional/</link>
		<comments>http://independencelaw.org/2012/02/court-case-claims-pa-and-federal-marriage-law-unconstitutional/#comments</comments>
		<pubDate>Mon, 27 Feb 2012 17:13:47 +0000</pubDate>
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		<guid isPermaLink="false">http://independencelaw.org/?p=150</guid>
		<description><![CDATA[Pennsylvania&#8217;s Defense of Marriage Act is facing a constitutional challenge in Federal Court in Philadelphia. The Independence Law Center and the Thomas More Society have stepped in to defend the traditional “one man, one woman” definition of marriage in the court in the case called Cozen O’Connor v. Tobits. Attorneys for a lesbian woman who [...]]]></description>
			<content:encoded><![CDATA[<p>Pennsylvania&#8217;s Defense of Marriage Act is facing a constitutional challenge in Federal Court in Philadelphia. The Independence Law Center and the Thomas More Society have stepped in to defend the traditional “one man, one woman” definition of marriage in the court in the case called Cozen O’Connor v. Tobits. Attorneys for a lesbian woman who was “married” to her partner in Canada have petitioned the court to declare Pennsylvania’s marriage law and the federal marriage law to be unconstitutional. That means a single judge could, by his decision, rewrite the definition of marriage in the state to allow same-sex marriage.</p>
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		<title>Victory for King’s Men—Men’s Group Sued for Standing Against Pornography</title>
		<link>http://independencelaw.org/2012/02/victory-for-kings-men-mens-group-sued-for-standing-against-pornography/</link>
		<comments>http://independencelaw.org/2012/02/victory-for-kings-men-mens-group-sued-for-standing-against-pornography/#comments</comments>
		<pubDate>Mon, 27 Feb 2012 17:13:21 +0000</pubDate>
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		<guid isPermaLink="false">http://independencelaw.org/?p=148</guid>
		<description><![CDATA[The King’s Men, a group of Christian men were sued in both state and federal court for holding signs in front of a porn shop and turning men back from the temptations and snares inside the store. Not only was the state court proceeding put on hold (pending the outcome of the federal case), but [...]]]></description>
			<content:encoded><![CDATA[<p>The King’s Men, a group of Christian men were sued in both state and federal court for holding signs in front of a porn shop and turning men back from the temptations and snares inside the store. Not only was the state court proceeding put on hold (pending the outcome of the federal case), but the federal judge issued a decision upholding the right of the King’s Men to carry on in their important work. While we will continue defending the King’s Men’s, by God’s grace an important hurdle has been crossed. We are thankful for the partnership with Emily Musser Bell and Jeff Conrad of Clymer, Musser &#038; Conrad of Lancaster in this matter.</p>
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		<title>Fighting Against Church Taxation</title>
		<link>http://independencelaw.org/2012/02/fighting-against-church-taxation/</link>
		<comments>http://independencelaw.org/2012/02/fighting-against-church-taxation/#comments</comments>
		<pubDate>Mon, 27 Feb 2012 17:13:00 +0000</pubDate>
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		<guid isPermaLink="false">http://independencelaw.org/?p=146</guid>
		<description><![CDATA[Randall Wenger, Chief Counsel of the Independence Law Center, and Lindsey Hoban, an allied attorney with Ballard Spahr in Philadelphia, tried a case in Common Pleas Court in Wyoming County on behalf of the Northmoreland Baptist Church. The hearing went well, providing ample opportunity for the pastor of the church to talk about the gospel [...]]]></description>
			<content:encoded><![CDATA[<p>Randall Wenger, Chief Counsel of the Independence Law Center, and Lindsey Hoban, an allied attorney with Ballard Spahr in Philadelphia, tried a case in Common Pleas Court in Wyoming County on behalf of the Northmoreland Baptist Church. The hearing went well, providing ample opportunity for the pastor of the church to talk about the gospel and the church’s ministry, and we are hopeful for a good outcome. The importance of this case stretches far beyond Northmoreland Baptist Church. At the hearing were two other churches whose buildings were being taxed, hoping for a good outcome here. A favorable decision could save these churches tens of thousands of dollars annually—money that can be spent instead on their gospel mission.</p>
<p>Northmoreland Baptist Church recently built a new facility in order to carry on its Gospel mission more effectively. Wyoming County, however, has assessed property taxes for part of the church’s facility, namely the Fellowship Hall. The county claims that such an area is not entitled to a religious exemption. Through our Independence Law Center, our team of attorneys is providing free legal representation to the church in this case, and to make it clear to the court and the county that the church’s activities, such as vacation Bible school, baptismal classes, Sunday school, and fellowship meals are part of the church’s religious mission and that no part of this church’s property should be taxed.</p>
<p>Throughout our Commonwealth’s history, we have recognized that churches are vital to our communities and should be protected from governmental intrusion. However, there is a current trend to ignore this history and the constitutional protections afforded churches as local government seeks new sources of revenue. We were in court not only to protect the Northmoreland Baptist Church but also to protect the liberty of churches throughout our Commonwealth. As the late Supreme Court Chief Justice John Marshall famously stated, “the power to tax involves the power to destroy.”</p>
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		<title>PA Supreme Court Upholds Respect for Parental Consent</title>
		<link>http://independencelaw.org/2012/02/pa-supreme-court-upholds-respect-for-parental-consent/</link>
		<comments>http://independencelaw.org/2012/02/pa-supreme-court-upholds-respect-for-parental-consent/#comments</comments>
		<pubDate>Mon, 27 Feb 2012 17:12:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[case]]></category>

		<guid isPermaLink="false">http://independencelaw.org/?p=144</guid>
		<description><![CDATA[Just before Christmas of 2010, the Independence Law Center filed an amici brief on behalf of the Pa. Family Institute, the Pa. Pro-Life Federation, the Pa. Catholic Conference, and about 60 state legislators in a case called In the Interest of Jane Doe, which involved a minor seeking an abortion. State law requires a minor [...]]]></description>
			<content:encoded><![CDATA[<p>Just before Christmas of 2010, the Independence Law Center filed an amici brief on behalf of the Pa. Family Institute, the Pa. Pro-Life Federation, the Pa. Catholic Conference, and about 60 state legislators in a case called In the Interest of Jane Doe, which involved a minor seeking an abortion. State law requires a minor to get a court order (called a judicial bypass) prior to having an abortion unless one of the child’s parents agrees to the abortion. Up until now, our courts have routinely granted these bypasses. However, this judicial bypass procedure was not designed to be a rubber stamp. Instead, a court is to give a bypass only when the child shows the maturity necessary to make the choice or if, in the words of Pennsylvania law, the abortion is somehow deemed to be in the child’s “best interest.”</p>
<p>A judge in Allegheny County denied a judicial bypass. The Pennsylvania Supreme Court took the case even though the child tragically had the abortion anyway. Because denials are so rare, the Supreme Court wanted to issue a decision to give direction to appellate courts reviewing such denials. This appears to be only the second denial appealed in this state and the first appealed to the Pennsylvania Supreme Court in more than two decades.</p>
<p>We are pleased to announce that the Court provided the direction that we requested in our amici (“friend of the court”) brief. Judges are now given wide latitude in their investigation of the maturity of a minor. This will hopefully encourage more judges to conduct robust hearings —hearings that will ultimately protect the life of the unborn — and respect parental authority. We are grateful to God for one more win in our battle to protect the life of every unborn child.</p>
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		<title>School District Gets Invitation to Court after Denying Elementary School Student Religious Liberty &amp; Free Speech Over Invitation to Christmas Party</title>
		<link>http://independencelaw.org/2012/02/school-district-gets-invitation-to-court-after-denying-elementary-school-student-religious-liberty-free-speech-over-invitation-to-christmas-party/</link>
		<comments>http://independencelaw.org/2012/02/school-district-gets-invitation-to-court-after-denying-elementary-school-student-religious-liberty-free-speech-over-invitation-to-christmas-party/#comments</comments>
		<pubDate>Mon, 27 Feb 2012 17:11:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[case]]></category>

		<guid isPermaLink="false">http://independencelaw.org/?p=142</guid>
		<description><![CDATA[An elementary school student at the Pocono Mountain School District in Pennsylvania was told by school officials that she could not invite classmates to a Christmas party at her church. Sometimes when the government is confronted with the unconstitutional and frankly preposterous nature of their restrictions they quickly back down and change their policies—and no [...]]]></description>
			<content:encoded><![CDATA[<p>An elementary school student at the Pocono Mountain School District in Pennsylvania was told by school officials that she could not invite classmates to a Christmas party at her church. Sometimes when the government is confronted with the unconstitutional and frankly preposterous nature of their restrictions they quickly back down and change their policies—and no court action is necessary. However, even after Federal Judge Richard Caputo ruled once in favor of “K.A.,” the elementary school student, the school district pushed back, arguing that they need the power to enforce restrictions like the one in question because such invitations can create a “disturbance in the community.”</p>
<p>This is a case where government doesn’t understand its appropriate limits. However, lawyers with the Independence Law Center and Alliance Defense Fund were available for this case—and plan to continue their involvement as long as necessary to change the policies in the school and ensure religious liberty and freedom of speech.</p>
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		<title>Right of Student to Say, &#8220;Abortion is not Healthcare&#8221;</title>
		<link>http://independencelaw.org/2009/10/right-of-student-to-say-abortion-is-not-healthcare/</link>
		<comments>http://independencelaw.org/2009/10/right-of-student-to-say-abortion-is-not-healthcare/#comments</comments>
		<pubDate>Mon, 26 Oct 2009 10:19:21 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://independencelaw.org/?p=131</guid>
		<description><![CDATA[A middle school student in York County recently wore a t-shirt to school stating, “Abortion is not Healthcare.” One might applaud the student for caring about issues that really matter and communicating truth to those around him. And in light of the messages we’ve all seen on t-shirts, we might also praise him for good [...]]]></description>
			<content:encoded><![CDATA[<p>A middle school student in York County recently wore a t-shirt to school stating, “Abortion is not Healthcare.” One might applaud the student for caring about issues that really matter and communicating truth to those around him. And in light of the messages we’ve all seen on t-shirts, we might also praise him for good taste. That wasn’t the approach that his school took.</p>
<p>Instead, he was sent to the principal’s office because one teacher though the message may be inappropriate. The principal agreed, believing that someone might get offended. He was ordered to wear his t-shirt inside out so that his message wouldn’t pollute the school. Breathtaking. However, in light of school policies that prohibit speech involving a religious point of view or that give school officials discretion to determine what’s “inappropriate,” it’s not surprising.</p>
<p>The Independence Law Center, in cooperation with the Alliance Defense Fund, brought suit on behalf of the student—which brought about a change in policy. Our hope is that this suit will cause other school districts to reevaluate their policies so that truly harmful speech can be limited without stopping the core political and religious speech of students.</p>
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		<title>Right to Attend Church</title>
		<link>http://independencelaw.org/2009/04/right-to-attend-church/</link>
		<comments>http://independencelaw.org/2009/04/right-to-attend-church/#comments</comments>
		<pubDate>Tue, 28 Apr 2009 10:36:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://independencelaw.org/?p=122</guid>
		<description><![CDATA[The Independence Law Center worked with a man who was prohibited by his probation officer from attending church. After receiving advice from the Law Center, the man was able to work out the situation with the probation officer so that his right to attend Sunday services and Wednesday evening Bible studies has been restored.]]></description>
			<content:encoded><![CDATA[<p><img class="size-full wp-image-123 alignleft" title="Right to Attend Church" src="http://independencelaw.org/wp-content/uploads/2009/04/right-to-attend-church.jpg" alt="Right to Attend Church" width="225" height="161" />The Independence Law Center worked with a man who was prohibited by his probation officer from attending church. After receiving advice from the Law Center, the man was able to work out the situation with the probation officer so that his right to attend Sunday services and Wednesday evening Bible studies has been restored.</p>
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		<title>Win for Church’s Homeless Ministry</title>
		<link>http://independencelaw.org/2009/01/win-for-churchs-homeless-ministry/</link>
		<comments>http://independencelaw.org/2009/01/win-for-churchs-homeless-ministry/#comments</comments>
		<pubDate>Fri, 16 Jan 2009 12:34:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[case]]></category>

		<guid isPermaLink="false">http://independencelaw.org/?p=28</guid>
		<description><![CDATA[A Methodist Church in suburban Philadelphia took seriously the scriptural call to help the poor. They opened a homeless ministry to allow persons facing homelessness to stay at the church free of charge and to receive counseling while they got back on their feet financially. The Township zoning officer took a different view of the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft" title="Win for Churchs Homeless Ministry" src="http://independencelaw.org/images/case/Church-Homeless-Ministry.jpg" alt="" width="225" height="161" />A Methodist Church in suburban Philadelphia took seriously the scriptural call to help the poor. They opened a homeless ministry to allow persons facing homelessness to stay at the church free of charge and to receive counseling while they got back on their feet financially. The Township zoning officer took a different view of the ministry and ordered them to stop, claiming that such a ministry was not permitted in the zone in which the church was located. The Independence Law Center assisted the church and their attorney with the federal statutory and constitutional issues in an appeal from the zoning officer’s cease and desist order. The church won back the right to conduct its ministry. According to Randall Wenger, Chief Counsel of the Independence Law Center, &#8220;The Bill of Rights recognizes that we should be able to exercise our religious beliefs, free from overbearing governmental restraints. The decision in favor of the church and its homeless ministry is a decision that not only upholds a vital ministry, but a decision consistent with our inherent freedoms as Americans.&#8221;</p>
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		<title>Churches &#8220;Violate&#8221; Zoning by Meeting in Theater</title>
		<link>http://independencelaw.org/2009/01/churches-violate-zoning-by-meeting-in-theater/</link>
		<comments>http://independencelaw.org/2009/01/churches-violate-zoning-by-meeting-in-theater/#comments</comments>
		<pubDate>Fri, 16 Jan 2009 12:33:36 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[case]]></category>

		<guid isPermaLink="false">http://independencelaw.org/?p=26</guid>
		<description><![CDATA[Two churches have been in contact with the Independence Law Center after they were told they were violating zoning by meeting in a theater. One of the churches, meeting in a theater in Montgomery County, was told that they were in violation because “religious uses” were not permitted in a “shopping” zone. The Independence Law [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft" title="Churches Violate Zoning by Meeting in Theater" src="http://independencelaw.org/images/case/Churches-Violate-Zoning.jpg" alt="" width="225" height="161" />Two churches have been in contact with the Independence Law Center after they were told they were violating zoning by meeting in a theater. One of the churches, meeting in a theater in Montgomery County, was told that they were in violation because “religious uses” were not permitted in a “shopping” zone. The Independence Law Center contacted the Township solicitor, explaining that the ordinance violated federal law when discriminating against a church in that way. After a number of discussions, both churches have been allowed to remain.</p>
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		<title>Religious Liberty v. Homosexual Agenda</title>
		<link>http://independencelaw.org/2009/01/religious-liberty-v-homosexual-agenda/</link>
		<comments>http://independencelaw.org/2009/01/religious-liberty-v-homosexual-agenda/#comments</comments>
		<pubDate>Fri, 16 Jan 2009 12:32:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[case]]></category>

		<guid isPermaLink="false">http://independencelaw.org/?p=24</guid>
		<description><![CDATA[The Independence Law Center, along with the Alliance Defense Fund, lent assistance to a religious organization being prosecuted by the State of New Jersey because it refused to allow its boardwalk pavilion to be used for a lesbian “wedding” ceremony. While the organization has allowed the pavilion to be used for weddings in the past, [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft" title="Religious Liberty v. Homosexual Agenda" src="http://independencelaw.org/images/case/Religious-Liberty.jpg" alt="" width="225" height="161" /> The Independence Law Center, along with the Alliance Defense Fund, lent assistance to a religious organization being prosecuted by the State of New Jersey because it refused to allow its boardwalk pavilion to be used for a lesbian “wedding” ceremony. While the organization has allowed the pavilion to be used for weddings in the past, it did not feel right opening up the pavilion for a use that conflicts with its religious beliefs. After it refused to do so, a complaint was filed with the state Attorney General’s office against the ministry.</p>
<p>The United States Supreme Court has been clear in Boy Scouts of America v. Dale, 530 U.S. 640 (2000), that private groups have the right to associate with whom they wish. The Boy Scouts need not allow homosexual scout leaders. In the same way, a private organization, particularly a religious organization, need not open up its facilities for a ceremony that is contrary to their mission and beliefs.</p>
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