Non-Custodial Parents and Religion

Religion Clause presents a case from Louisiana in which the court rules that a custodial parent may not force a non-custodial parent to endorse or support the custodial parent’s religious views. In short, a non-custodial parent can also share his or her religion with the child.

From the decision (pdf):

Though the custodial or domiciliary parent may raise the child in a legitimate religion of his/her own choosing, that parent may not force that religion or religious affiliation upon the noncustodial parent or preclude the noncustodial parent from pursuing his/her own religious affiliation and sharing same with the child provided doing so does not negatively affect the best interests of the child. There is no statutory nor jurisprudential authority to support the trial court’s ruling that the custodial or domiciliary parent has the sole authority to mandate “what belief system is presented to the child in . . . any home in which the child visits or resides.”

Eminent Domain and Payback

In a seemingly brilliant turnabout, the State of Utah is setting itself up to use eminent domain to seize land owned by the federal government.

Long frustrated by Washington’s control over much of their state, Utah legislators are proposing a novel way to deal with federal land — seize it and develop it.

The Utah House of Representatives last week passed a bill allowing the state to use eminent domain to take land the federal government owns and has long protected from development.

FairTax in Missouri

Neal Boortz covers a proposal in Missouri that will impliment a FairTax-type system for the state. The FairTax is very interesting to me as an alternative to the abomination that is the current progressive income tax system, and I’d love to see a state try out such a system to see how it works, especially a state as close by as Missouri.

Public Intoxication, Without the Intoxication

Adam Weinstein pens an article for Mother Jones that looks at the ridiculously vague and ripe for abuse public intoxication laws in Texas. Apparently, the laws are so vague that people can be arrested while still drinking in bars, and even if they’re not misbehaving at all. Incidents have cropped up in which police officers have targeted minorities for arrest using the vague laws.

Washington Supreme Court Holds 2nd Amendment is Incorporated

In the case State v. Sieyes the Washington Supreme Court has held that the @nd Amendment is incorporated. That means that the right to bear arms is protected even at the state level. Now the question is how this decision will be handled by SCOTUS, or how it will influence any 2nd Amendment incorporation cases.

Hat tip to Eugene Volokh at the Volokh Conspiracy. The commenst there are worth reading.

Of Senators and Recalls

Apparently there is a movement underway in New Jersey to recall Senator Robert Menendez. Eugene Volokh analyzes the case on the grounds that the Constitution does not allow for a state to recall a sitting Senator.

Self-Defense Issues in Kansas

Eugene Volokh brings up an interesting case in Kansas in which a man pulled a gun, ostensibly in self-defense, but was denied the chance to argue self-defense because he never actually fired the gun.

Kansas House Tax Committee Votes Down Tax Increase

From Ben Hodges, c/o Red State.

In January, I wrote at this RedState diary about HB 2475, which would have raised the state’s portion of your sales tax in Kansas by 18% — from 5.3 cents to 6.3 cents on every dollar (this does not include local sales taxes).  At my diary entry, you can read the written testimony that I submitted to committee members in opposition to the tax increase.

Good news: the tax committee voted down this bill.

More official info can be found by following the link.