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JSPAN files amicus brief opposing condemnation of land
to be given for use as a sectarian school |
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Can government condemn private property for the purpose of turning it over to an entity that wishes to construct and operate a faith-based school on the site? In a friend of the court brief filed on October 25, 2006, JSPAN tells the Pennsylvania Supreme Court that this would violate the Establishment Clause of the First Amendment.
The case involves several parcels of blighted land in North Philadelphia that the city Redevelopment Authority hopes to acquire for $860,250. The Authority then plans to give this property away by selling it for nominal value to Hope Partnership. The Redevelopment Authority claims that such a transfer is permissible because it has simply shown neutrality to Hope Partnership, treating it like any other potential redeveloper of the site. Hope Partnership claims that it is not a religious school because it is non-denominational and will admit students without regard to race, creed, color, religion or ethnicity.
JSPAN's brief urges the Court to reject these claims, noting that Hope Partnership is an entity created by two religious orders whose own documents show that it intends to operate a school based on the "Nativity Model" which already includes three schools opened by the Society of the Holy Child Jesus - the Nativity Jesuit Middle School in Milwaukee and the Mother Seton and St. Ignatius Loyola Academies in Baltimore. The very names of those schools, despite protestations that they are non-denominational, underscore the sectarian nature of the endeavor, particularly since its non-denominational disclaimer is preceded by the statement that the Nativity Model "assumes the presence of God." Moreover, the Nativity Model has been "inspired" by "Judeo-Christian values," and "include[s] a respect for the dignity and potential of each person. . . within the family of God." According to the JSPAN brief, assuming the presence of God is a religious proposition regardless of whether that religious proposition is given a recognized religious label.
JSPAN's interest in this case rests in preventing erosion of the principle of separation of Church and State. A decision to approve the taking of this land would be a dangerous step in that direction, because it would authorize what amounts to a direct monetary grant to a sectarian school. It would also threaten to inject into the condemnation process the kind of divisive sectarian competition and strife that the Establishment Clause of the First Amendment was designed to prevent. It would encourage various avowedly religious organizations to compete for governmental assets for use in propagating their faith.
JSPAN's brief was authored by Judah Labovitz, with assistance from Ted Mann and Barry Ungar, all of whom are members of the JSPAN Board. The Anti-Defamation League also joined in the brief. A decision in this case is not expected for some months.
To review a copy of the JSPAN amicus brief, click here.
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JSPAN holds town meetings on "Fixing Medicare D" |
On Thursday, October 26, the Jewish Social Policy Action Network held two town hall meetings on the problems with the Medicare Part D program and ways to fix the system. Tom Sneddon, the Director of PACE and PACENET since 1984, and Bruce Sigman, former president of the PA Pharmacists Association, were on hand for the events. The evening program, featuring Sneddon & Sigman, also had members from the Medicare advisory group Apprise on hand.
Mr. Sneddon told the audience that Medicare Part D brought about a system that is dysfunctional. Currently, there is a large prescription drug coverage gap where seniors must pay 100% of the cost. Brian Gralnick, JSPAN Board member and moderator for the events, commented that this 'doughtnut hole' is "is so big Homer Simpson can't eat it."
Pennsylvania is one of only a few states with a service like PACE, a totally income based service that provides drug benefits to seniors who do not qualify for Medicaid. The complaints with the Medicare Part D system are threefold:
- confusion on which plan to take;
- seniors not knowing there was a deductible;
- the prescription drug coverage gap, known as the "doughnut hole."
[read more]
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JSPAN lauds New Jersey Supreme Court for taking a step in the right direction |
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On Wednesday, October 25, 2006, the New Jersey Supreme Court released its much anticipated ruling on the petition of seven same-sex couples in long term relationships, seeking the right to marry. The couples argued that the state constitutional grant of equal protection of the law entitled them to marriage rites and to marriage benefits.
While declining to grant marriage rites, the Court agreed that same sex couples are entitled to enjoy the same rights that marriage conveys - whether by a process called "marriage" or "civil union" or other title. The court gave the New Jersey legislature 180 days to adopt a law correcting the inequality. Winslow v. Harris, No. A-68-05, -- NJ -- (October 25, 2006).
Until that ruling, only Vermont and Massachusetts courts had held that couples in same sex unions are entitled to rights similar to the rights of traditional married couples - rights under family law (e.g. marriage, custody, divorce, right to exercise medical decisions for a disabled partner), survivor and inheritance rights, and others. The California legislature has created a civil union that resembles marriage in most respects. In a similar challenge to that in New Jersey, the New York Court of Appeals declined to find that equal rights must be extended to same-sex couples.
Commentary on the New Jersey ruling ranges from love to hate. An earlier poll concluded that likely voters in New Jersey back same-sex marriages 55 percent to 41 percent. However, the new ruling could rally opposition political forces in the eight states where amendments to ban gay marriage are on the ballot in next month's election. One grim commentary suggests that the effect of civil union and gay marriage inroads is to inflame religious conservatives and lead to much more litigation about religious freedom, seen by some as a victim of each advance in equal rights for same-sex couples. The subject area is therefore of particularly great interest to JSPAN, which strongly supports the protection of religious freedom and pluralism, as well as equal protection of the laws for all minorities, including lesbians, gays, bisexuals and transgendered individuals.
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Movement on Interpretive Services Bill |
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To ensure that everyone has full access to the legal system, JSPAN
supports legislation mandating the use of certified sign and language
interpreters in judicial and administrative proceedings. A bill is
currently pending before the Pennsylvania legislature to further this
goal.
Senate Bill 669, was unanimously approved by the state Senate in 2005
and awaits final passage by the House, which tacked on some technical
amendments. It is important for the House to act on this quickly because
the amended bill will still have to go back to the Senate for final
approval. There are very few legislative days left before the current
session ends at which point advocate of this bill will have to start
anew.
JSPAN has contacted Senate leadership about expediting passage, and has
been assured by counsel to the Senate Judiciary Committee that, "The
Senate does plan to be in session a couple of days after the election
which should give the Senate an opportunity to concur in amendments made
by the House of Representatives to this and other Senate bills."
We urge our Pennsylvania members to contact their representatives to
seek prompt passage of SB 669.
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Saving Energy, the World and Money – and a New Take on Hannukah Lights |
Sometimes issues like global warming seem beyond our reach – but they are quite easy to address when a lot of us take the same steps together. Here is a painless step – one that can even save you money – to reduce our energy consumption. And cut back the greenhouse gas that we (indirectly) generate by using electricity, raising the issue of global warming.
JCPA (the Jewish Council for Public Affairs) and COEJL (the Coalition on the Environment and Jewish Life) have announced a program entitled “A Light Among the Nations -- How Many Jews Does It Take to Change a Light Bulb?"
Here is the main step in the program: For Hanukkah, the Festival of Lights, purchase and install an energy efficient, cost effective compact fluorescent light (CFL) bulb.
If you could conserve energy and help stop global warming in one simple step, wouldn't you want to act? CFLs use 75% less energy than incandescent light bulbs. This means less production of greenhouse gas emissions, air pollution, and toxic waste. COEJL calculates that if every U.S. household replaced one bulb with a CFL, it would have the same impact as removing one million cars from the road.
So take this one easy action -- install at least one energy efficient, cost effective compact fluorescent light (CFL) bulb to reduce greenhouse gas emissions. For more information visit A Light Among Nations.
(When you buy a fluorescent light bulb, be sure it meets your needs. If you use a dimmer, buy the bulb that will work with that device. Read the fine print – some work only in some positions – up or down – others are more flexible. The right bulb will give you years of service in ordinary use, and produce less glare and much less heat than an incandescent bulb.)
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Keep the Darfur Genocide in the Forefront of the News |
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The Iragi War complexities and the mid-term elections have virtually wiped the status of the horrific Darfur genocide off of the front pages. Please keep the pressure on elected officials to support the implementation of the Darfur Peace and Accountability Act of 2006, which was signed into law on October 13th by President Bush and additionally, express your express your support to the President for initiating this bill and for his leadership globally in speaking out against the horrific acts of genocide being launched in Darfur against unarmed civilians.
In a concrete, positive step, a group of Colorado state legislators, including the House speaker, said Monday they want to divest any public money from investments that might be going to fund genocide in Sudan. Speaker Andrew Romanoff said his office has already asked the Public Employees Retirement Association to examine its investments to find out if there are companies in there doing business with the Sudanese government. If Colorado divests its money, it would become the sixth state to do so - joining Oregon, New Jersey, Maine, Illinois and, most recently, California. California Gov. Arnold Schwarzenegger signed that bill in late September and said, "divestment will show our defiance against the murderers and heir
inhumanity."
The DPAA imposes sanctions against "persons responsible for genocide, war crimes, and crimes against humanity; supports measures for the protection of civilians and humanitarian operations; and supports peace efforts in the Darfur region of Sudan."
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Rabin Memorial Service this Wednesday |
There will be a memorial ceremony for former Israeli Prime Minister Yizhak Rabin this Wednesday, November 1st, at 7:00pm. It will be held at the Hillel at University of Pennsylvania in the second floor auditorium of Steinhardt Hall (215 S. 39th Street).
Rabin was Prime Minister of the State of Israel from 1974 to 1977 and from 1992 until his death in 1995. Rabin was a key figure in the signing of the Oslo Accords, which enabled the recognition of Israel by the PLO.
He was assassinated on November 4, 1995 by Yigal Amir.
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Want to Join?
To become a voting JSPAN member, please go to www.JSPAN.org. On the right side of your screen you will be able to start a secure transaction and become a voting member.
Make all checks payable to:
JSPAN
2033 Walnut Street
Philadelphia, PA 19103
JSPAN Officers
Jeffrey Pasek
President
Kenneth Fox Vice President
Kenneth Myers Vice President
Joel Beaver Treasurer
Stewart Weintraub Secretary & General Counsel
Directors:
Susan Myers, Chair
Irwin Aronson
Connie Beresin
Deanne Comer
Hon. Ruth Damsker
Alisa Field
Helen Fox
Brian Gocial
Nancy Gordon
Brian Gralnick
Jerome Kaplan
Lazar Kleit
Eve Klothen
Barry Kramer
Judah Labovitz
Ruth Laibson
Theodore Mann
Sidney Margulies
Norm Newberg
Joshua Pasek
Ruth Perry
Ruth Schultz
Burt Siegel
Jared Solomon
Rabbi David Straus
Barry Ungar
Rabbi Avi Winokur
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