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Bobref

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Everything posted by Bobref

  1. I assume they will be playing at Ames Field. I will definitely take the opportunity to go and root hard against St. Ignatius. Decked out in all my St. Ed’s gear. #screwIggies By the way, do you know anything about the officials for that game?
  2. The battle for the Old Leather Helmet is, I believe, the longest continuous rivalry game in the state.
  3. This is very exciting news for Indiana football. But keep it in perspective. For some reason, Ohio is in a different region than Indiana.
  4. An interesting aspect is that the dismissed teacher "settled" a claim against Cathedral before suing the archdiocese. Very interesting and unusual development which indicates to me that Cathedral is at least tacitly supporting the lawsuit against the archdiocese. https://www.theindianalawyer.com/articles/50811-fired-cathedral-teacher-settles-with-high-school-plans-to-sue-archdiocese?utm_source=il-daily&utm_medium=newsletter&utm_campaign=2019-07-10 The teacher fired from Cathedral High School for being in a same-sex marriage sued the Archdiocese of Indianapolis in Marion Superior Court on Wednesday, alleging the church leadership illegally interfered with his contractual and employment relationship with the high school, which led to his termination June 23. Joshua Payne-Elliott filed the lawsuit after he reached a confidential settlement with Cathedral on Tuesday. The agreement settled all legal claims against the school, including complaints arising from the termination of employment and allegations of a hostile work environment. In addition to his state lawsuit, Payne-Elliott has filed charges of discrimination with the U.S. Equal Employment Opportunity Commission. He asserts the archdiocese discriminated on the basis of sexual orientation and retaliated against him for opposing sexual-orientation discrimination. Payne-Elliot’s attorney, Kathleen DeLaney, said once the EEOC makes a ruling, he intends to file a Title VII lawsuit against the Archdiocese in federal court. “We intend to hold the Archdiocese accountable for violations of state and federal law,” DeLaney of DeLaney & DeLaney LLC, said. Responding to a request for comment about the pending litigation, the Archdiocese indicated its actions are protected under religious liberty. “In the Archdiocese of Indianapolis’ Catholic schools, all teachers, school leaders and guidance counselors are ministers and witnesses of the faith, who are expected to uphold the teachings of the Church in their daily lives, both in and out of school,” the Archdiocese said in a statement. “Religious liberty, which is a hallmark of the U.S. Constitution and has been tested in the U.S. Supreme Court, acknowledges that the religious organizations may define what conduct is not acceptable and contrary to the teachings of its religion, for its school leaders, guidance counselors, teachers and other ministers of the faith.” Payne-Elliott’s husband, Layton Payne-Elliott, teaches at Brebeuf Jesuit Preparatory School. The archdiocese, similar to its directive to Cathedral, directed Brebeuf to dismiss Layton Payne-Elliott. However, Brebeuf refused, and as a result, is no longer recognized as a Catholic institution by the archdiocese. story continues below The state lawsuit, Joshua Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., 49D01-1907-PL-027728, seeks punitive damages and compensatory damages for lost earnings, lost benefits and emotional distress among other things. “We hope that this lawsuit will put a stop to the targeting of LGBTQ employees and their families,” Joshua Payne-Elliott said. According to the complaint, Cathedral had already renewed Joshua Payne-Elliott’s teaching contract for the 2019-2020 school year when days later the Archdiocese told the school it had to enforce the morals clause language in its teacher contracts. Cathedral president Robert Bridges then terminated Payne-Elliott’s employment. According to the lawsuit, Bridges told the teacher the school’s action “feels like with a gun to our head” because of the archdiocese’s directive. Payne-Elliott, the lawsuit states, was not fired for any performance-based issues. The teacher alleges in his lawsuit the archdiocese intentionally interfered with his contractual and employment relationship with Cathedral. Namely, according to the complaint, the archdiocese demanded the school fire Payne-Elliott and threatened negative consequences if the school refused. In a letter posted to its website June 23, Cathedral explained it was terminating the teacher after the Archdiocese threatened to no longer recognize the school as Catholic. Cathedral would have lost its ability to celebrate the Sacraments and its nonprofit status. Both the teacher and the school were amicable toward each other in the announcement of the settlement. The teacher thanked Cathedral for the opportunities he had at the school and said he does not wish any harm to his former employer. Cathedral, in turn, thanked the teacher for his service, contributions and achievements. “(My client) is pleased to have come to a confidential agreement with Cathedral High School,” DeLaney of DeLaney & DeLaney LLC, said. “He is looking forward to transitioning to a new teaching position and he hopes the attention brought by the recent actions of Archbishop (Charles) Thompson against the LGBTQ community will pressure the archdiocese to back off this witch hunt.”
  5. Hey, it was good enough back in ‘69! This just in: Get Off My Lawn!
  6. If it happens, it’ll be long after I’m done practicing (which won’t be too much longer), thank goodness. Seriously, there is already a civil tort known as “intentional infliction of emotional distress.” However, it’s use is (currently) limited to a fairly narrow set of circumstances that goes well beyond simply “hurt feelings.” But, once the snowflakes succeed to the positions of power as they age, who can say where the law will go?
  7. That really says nothing about whether the school’s policy is unconstitutional as applied, which is the issue here.
  8. One person’s political correctness is another person’s marketing strategy. As a Nike stockholder for many years, I support any strategy that accomplished my goals for Nike: make my shares more valuable. Anyone who looks for political guidance from an athletic shoe company is a dope anyway.
  9. Please. Go look up “Supremacy Clause.”
  10. Keep in mind that the policy the teacher violated was the school’s transgender policy. Although your hypotheticals are challenging constitutional law questions in themselves, they’re not the question in issue here.
  11. Another interesting intersection of the "new normal" and so-called religious freedom. Predictions on how this will turn out? https://www.theindianalawyer.com/articles/50624-lawsuit-schools-transgender-policy-violated-teachers-religious-beliefs A Brownsburg music teacher who claims he lost his job because he refused to address transgender students by the first names of their choice has filed a federal lawsuit against the Brownsburg Community School Corporation for violating his First Amendment religious freedom and free speech rights. John Kluge was hired as a music and orchestra teacher by the school corporation in August 2014. He says he met all the school’s performance expectations and received positive evaluations but was wrongly terminated in May 2018 after he refused to go against his sincerely held religious beliefs and abide by the school’s transgender policy. The lawsuit, filed Wednesday on Kluge’s behalf by the Indiana Family Institute, claims the school corporation violated Kluge’s free exercise of religion and freedom of speech under the First Amendment as well as his right to due process and equal protection under the 14th Amendment. In addition, the lawsuit asserts Kluge’s right to free exercise of religion under the Indiana Constitution was also violated. “Defendants’ transgender policies and related practices do not serve any government interests of sufficient magnitude to override Kluge’s right to live according to the dictates of his faith and according to his own conscience,” the complaint states. Kluge is seeking an injunction prohibiting Brownsburg schools from enforcing the policies and practices that violate employees’ religious beliefs. He is also asking for back pay and the value of benefits along with compensatory and punitive damages. According to the 25-page complaint, BCSC changed its policy in early 2017, allowing transgender students to use the bathroom of their choice while teachers were instructed to use the transgender students’ preferred names. Kluge describes himself as a “professing evangelical Christian” who strives to live daily by his faith. He believes God created mankind as either male or female and that gender is fixed from the moment of conception and cannot be changed regardless of an individual’s feelings or desires. The complaint states BCSC superintendent James Snapp told Kluge to use the transgender names or lose his job. Kluge was then accused of misconduct and suspended. In July of 2017, Kluge reached an agreement with Snapp where his religious beliefs would be accommodated by allowing him to address all the students by their last names only. However, at the end of 2017, the school principal, Bret Daghe, told Kluge he should resign because the accommodation was creating tension. In February 2018, the religious accommodation was withdrawn, the lawsuit says, because the school claimed the students were offended at the use of last names. Kluge explained to the school that he believes “encouraging students to present themselves as the opposite sex by calling them an opposite-sex first name is sinful.” In the complaint, he asserts the school corporation could not identify any undue hardship caused by the accommodation but “simply desired to promote and accommodate transgender beliefs over sincerely-held religious beliefs.” After submitting his resignation at the end of April 2018, Kluge tried to rescind it but the school ignored the rescission and accepted the resignation. Immediately, Kluge was locked out of the school buildings and the school’s intranet, and his job was posted as vacant. “The Defendants’ removal of the successful ‘last-names only’ accommodation based on the complaints of students — who suspected he was using last names to avoid transgender names, and wanted Kluge to capitulate — does not amount to undue hardship, but is an impermissible ‘heckler’s veto,’” the complaint states. The lawsuit, John M. Kluge v. Brownsburg Community School Corporation, et al., 1:19-cv-2462, was filed in the U.S. District Court for the Southern District of Indiana. Indianapolis attorneys Michael Cork, Roscoe Stovall, Jr., and Kevin Green are representing Kluge. Brownsburg schools have not yet replied to the suit.
  12. My guess is that SF is not in the target market for this particular product. Your first sentence says it all.
  13. Defending Ohio Div. I champ, the mighty Eagles of St. Edward, coming in at #14.
  14. Depends on the felony. There will almost certainly be at least a period of suspension. I also suspect s felony conviction would require him to step down as a judge.
  15. The plot thickens. https://www.theindianalawyer.com/articles/50733-judicial-qualifications-commission-moves-to-suspend-judge-charged-in-indianapolis-shooting?utm_source=breaking-news&utm_medium=newsletter&utm_campaign=2019-06-28 The Indiana Commission on Judicial Qualifications has filed a motion to suspend Clark Circuit Judge Andrew Adams with pay following his Friday indictment on charges related to a downtown Indianapolis shooting he was involved in earlier this year. The commission filed a Notice of Criminal Charges and Request for Suspension seeking Adams’ suspension immediately upon learning of the felony indictment, the Indiana Supreme Court announced Friday. The request asks that Adams be suspended with pay from his position as judge of Clark Circuit Court 1 pending further order of the court or a final determination of any disciplinary proceeding that may result from the criminal charges. Adams was charged with seven offenses related to the May 1 shooting of him and fellow Clark Circuit Judge Bradley Jacobs. The charges against Adams include two counts of Level 6 felony battery resulting in moderate bodily injury; two counts of Class A misdemeanor battery resulting in bodily injury; two counts of Class B misdemeanor battery; and one count of Class B misdemeanor disorderly conduct by engaging in fighting or tumultuous conduct. The charges come almost two months after the judges were shot in the early morning hours of May 1 outside a White Castle restaurant near downtown Indianapolis. The judges were in town to attend the Spring Judicial Conference. Indiana Admission and Discipline Rule 25(V)(A) provides that, “A judicial officer shall be suspended with pay by the Supreme Court without the necessity of action by the Commission upon the filing of an indictment or information charging the judicial officer in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States.” The Indiana Supreme Court has appointed judges pro tempore to hear cases in Clark Circuit 1 and Clark Circuit 2, where Adams and Jacobs preside. The appointed judges are still on the bench. Prior to Friday, Adams had never been the subject of an attorney or judicial disciplinary action, according to the Indiana Roll of Attorneys. Also charged Friday were Indianapolis residents Brandon Kaiser and Alfredo Vazquez. Jacobs was not charged in connection with the shooting.
  16. The Law of Unintended Consequences in the case of replay. No one could foresee that utilizing whatever technology is available to get the call right could eventually contribute to a critical shortage of officials.
  17. I’m not criticizing New Pal for not playing up a class, regardless of their record in their current class. The success factor is the designated solution for teams that regularly play well above their classification. So, you play in your designated class and, if you overwhelm the competition consistently, the success factor takes care of that. Cathedral is where they are supposed to be, according to the IHSAA classification system, as modified by the success factor. They cannot, IMO, legitimately be criticized for that.
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