refuse

Texas Supreme Court rules judges can now refuse to perform same-sex marriages

In a major blow to LGBTQIA+ rights, Texas’ Supreme Court has ruled that judges can refuse to marry same-sex couples.

On 24 October, the state’s highest court issued an order adopting comment to Canon 4 of the Texas Code of Judicial Conduct, which focuses on the “judge’s extra-judicial activities to minimise the risk of conflict with judicial obligations.”

According to the newly implemented comment, effective immediately, judges who “publicly refrain from performing a wedding ceremony based upon sincerely held religious belief” will not be in violation of the state’s judicial impartiality rules.

According to KERA News, the rule change comes after years of pushback by state legal officials against same-sex marriage and a 2020 lawsuit filed by Jack County judge Brian Umphress.

In the suit, he challenged the State Commission on Judicial Conduct’s now-withdrawn 2019 sanction of a Waco, Texas judge who refused to marry gay couples, despite still marrying heterosexual couples.

Umphress’ decision to sue stemmed from his alleged fear that he could face the same sanction.

Shortly after the amendment was announced, Texas Supreme Court clerk Blake Hawthorne said the court would not comment on the change in a statement to the aforementioned news outlet.

“The order speaks for itself, and the Court cannot comment on its connection to pending litigation,” he said.

As of this writing, the State Commission on Judicial Conduct have not commented on the aforementioned change.

The recent development in Texas comes a few weeks before the US Supreme Court will consider whether it will hear a case challenging same-sex marriage.

Back in July, Kim Davis — who made headlines in 2015 for refusing to issue marriage licenses to same-sex couples — filed a petition for a writ of certiorari, appealing two past verdicts that ordered her to pay $100,000 to one of the same-sex couples she denied a marriage license to, and $250,000 in attorney fees.

The filing also urged the Court to overturn the landmark Obergefell v. Hodges ruling, calling it “grounded entirely on the legal fiction of substantive due process.” Davis further claimed that the 2015 decision forced her to choose “between her religious beliefs and her job.”

On 23 October, the Court announced that it had set a date to consider whether to hear the challenge.

According to SCOTUSblog, the nine justices will meet in a private conference on 7 November.

The blog noted that the Court usually grants reviews after two consecutive conferences. The upcoming hearing will be the first for Davis’ case. If the Court denies a review following its meeting on 7 November, an announcement could be released as soon as 10 November.

For information about the status of marriage equality in the US, click here.

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Prince Andrew says he’s giving up his Duke of York title as Epstein allegations refuse to fade

Prince Andrew said Friday he is giving up his royal title of the Duke of York and other honors after his friendship with sex offender Jeffrey Epstein returned to the headlines.

Andrew, the younger brother to King Charles III, said in a statement released by Buckingham Palace that “the continued accusations about me distract from the work of His Majesty and the royal family.”

“With His Majesty’s agreement, we feel I must now go a step further. I will therefore no longer use my title or the honours which have been conferred upon me,” Andrew said in his statement Friday. “As I have said previously, I vigorously deny the accusations against me.”

The news came in the wake of the release of excerpts of an upcoming posthumous memoir from Virginia Roberts Giuffre, who has alleged she was trafficked by Epstein and had sex with Andrew when she was 17.

It’s the latest fall from grace for the 65-year-old prince, who had already stepped down from public life in 2019 over his links to Epstein despite his denials of any wrongdoing.

Giuffre died by suicide in April at the age of 41. In the memoir, she details alleged encounters with Prince Andrew, who she sued in 2021, claiming that they had sex when she was 17. Andrew denied her claims and said he didn’t recall having met her.

Andrew, once second in line to the British throne, has long been a source of tabloid fodder because of his links to Epstein, other questionable characters and money woes.

His attempt to refute Giuffre’s allegations backfired during a November 2019 BBC interview. Viewers saw a prince who proffered curious rebuttals — such as disputing Giuffre’s recollection of sweaty dancing by saying he was medically incapable of perspiring — and showed no empathy for the women who said Epstein abused them.

Within days of the interview, Andrew stepped down from his royal duties. Giuffre sued him and the case was settled in 2022 for an undisclosed sum. A statement filed in court said that the prince acknowledged Epstein was a sex trafficker and Giuffre was “an established victim of abuse.”

As well as no longer using the title of the Duke of York, a long-established title that was gifted to him by his mother Queen Elizabeth II at his wedding to Sarah Ferguson in 1986, Andrew will also give up other titles: Knight Grand Cross of the Royal Victorian Order and Royal Knight Companion of the Most Noble Order of the Garter. He will remain a prince, which he has been entitled to since birth.

Andrew’s ex-wife, Sarah Ferguson will also no longer use the title of Duchess of York. Their children, Beatrice and Eugenie, will remain princesses.

Andrew’s chaotic marriage to Ferguson, widely known as Fergie, lasted a decade though the two remain close, living together at a 30-room mansion near Windsor Castle. He has long been criticized for his opulent, globe-trotting lifestyle.

Andrew had been the poster boy of the royal family for many years, and his romantic links to a number of models and starlets during his youth were widely chronicled in the British press.

His star status within the royal family was at its peak after he flew in multiple missions as a helicopter pilot in the Royal Navy during the 1982 Falklands War when British forces sailed to the south Atlantic to eject the Argentine military that had invaded the U.K. overseas territories.

Lawless and Pylas write for the Associated Press.

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Some airports refuse to play Noem video on shutdown impact, saying it’s political

Some airports around the country are refusing to play a video with a message from Homeland Security Secretary Kristi Noem in which she blames Democrats for the federal government shutdown and its impacts on TSA operations because of its political content.

Airports in Las Vegas, Charlotte, Atlanta, Phoenix, Seattle and more say the video goes against their airport policy or regulations that prohibit political messaging in their facilities.

Various government agencies, in emails to workers and on websites, have adopted language that blames Democrats for the shutdown, with some experts arguing it could be in violation of the 1939 Hatch Act, which restricts certain political activities by federal employees.

The shutdown has halted routine operations and left airports scrambling with flight disruptions. Democrats say any deal to reopen the government has to address their healthcare demands, and Republicans say they won’t negotiate until they agree to fund the government. Insurance premiums would double if Congress fails to renew the subsidy payments that expire Dec. 31.

In the video, Noem says that TSA’s “top priority” is to help make travel pleasant and efficient while keeping passengers safe.

“However, Democrats in Congress refuse to fund the federal government, and because of this, many of our operations are impacted, and most of our TSA employees are working without pay,” she continues.

The Transportation Security Administration falls under the Department of Homeland Security. Roughly 61,000 of the agency’s 64,130 employees are required to continue working during the shutdown. The Department said Friday that the video is being rolled out to airports across the country.

A DHS spokeswoman responded to a request for comment restating some of the message from Noem’s video.

“It’s unfortunate our workforce has been put in this position due to political gamesmanship. Our hope is that Democrats will soon recognize the importance of opening the government,” spokeswoman Tricia McLaughlin said.

The Harry Reid International Airport, in Las Vegas, said it had to “remain mindful of the Hatch Act’s restrictions.”

“Per airport regulations, the terminals and surrounding areas are not designated public forums, and the airport’s intent is to avoid the use of the facility for political or religious advocacy,” the statement said.

Westchester County Executive Ken Jenkins said the county north of New York City won’t play the video at its local airport. In a statement, he called the video “inappropriate, unacceptable, and inconsistent with the values we expect from our nation’s top public officials,” and said its tone is “unnecessarily alarmist” as it relates to operations at Westchester County Airport.

“At a time when we should be focused on ensuring stability, collaboration and preparedness, this type of messaging only distracts from the real issues, and undermines public trust,” he said.

Even in red states, airports weren’t showing the video for various reasons. Salt Lake City International Airport wasn’t playing the video because state law prohibits using city-owned property for political purposes, said airport spokesperson Nancy Volmer.

The airport in Billings, Mont., “politely declined” even though it has screens that could show the video with audio, assistant aviation director Paul Khera said Tuesday.

“We don’t want to get in the middle of partisan politics,” Khera said. “We like to stay middle of the road, we didn’t want to play that video.”

Gomez Licon writes for the Associated Press. AP writers Rio Yamat in Las Vegas and Mead Gruver in Fort Collins, Colo. contributed to this report.

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Palestine factions refuse foreign guardianship on Gaza as truce takes hold | Israel-Palestine conflict News

Hamas and allied Palestinian factions have reiterated that any decision on the future governance of Gaza is “an internal Palestinian matter” as the ceasefire in the territory takes effect.

In a joint statement on Friday, the Palestinian Islamic Jihad and the Popular Front for the Liberation of Palestine (PFLP) joined Hamas in lauding the steadfastness of Palestinians, which they said foiled Israel’s plans for mass forced displacement in Gaza.

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“We renew our rejection to any foreign guardianship, and we stress that the nature of the administration of the Gaza Strip and its institutions are an internal Palestinian matter to be determined by the national component of our people directly,” the statement said.

The groups added that they are working on an “urgent comprehensive national meeting” to discuss next steps after the ceasefire.

“This will unify the Palestinian position, formulate a comprehensive national strategy, and rebuild our national institutions on the foundations of partnership, credibility, and transparency,” they said.

It is not clear whether Fatah, the faction that dominates the Palestinian Authority, has agreed to be part of the meeting.

United States President Donald Trump’s 20-point Gaza plan includes the creation of a new international body, dubbed the “Board of Peace”, that would be tasked with overseeing an interim authority of technocrats to govern Gaza.

According to the scheme, Trump himself would chair the board, which would also include former British Prime Minister Tony Blair.

The first stage of the ceasefire, to which both Hamas and Israel agreed, is linked to Trump’s plan, but it remains unclear how Gaza will be governed going forward.

Captive releases; aid trucks for Gaza

Al Jazeera obtained a copy of the stipulations of the agreement, which calls on Hamas to hand over the Israeli captives within 72 hours without any public celebrations or media ceremony.

The deal also would ensure that at least 600 aid trucks reach Gaza daily, as well as the rehabilitation of water stations and the establishment of camps to shelter people in the enclave.

Tens of thousands of displaced Palestinians began their journey to their homes in the north of the territory on Friday as the Israeli military started to withdraw from coastal areas.

The Palestinian Civil Defence said it retrieved 63 bodies from the streets of Gaza City after the truce came into effect on Friday. Thousands of Palestinians remain missing amid difficulty in pulling victims from under the rubble and reaching areas under Israeli military control.

Al Jazeera’s Hani Mahmoud described near total destruction in Gaza City after weeks of intense Israeli bombardment.

“On the way to Gaza City, as we approached the main entrance on the coastal road, it was already unrecognisable by the vast destruction and devastation of many of the buildings,” Mahmoud said.

“During our displacement journey, when we left the city, we counted 15 buildings either partially standing or still fully intact, inhabited by some of the displaced families. On our way back, we did not see them.”

Later on Friday, the Gaza Government Media Office stressed the need for a comprehensive reconstruction plan for the territory.

The first phase of the agreement calls for the entry of equipment to remove the rubble – a first step towards reconstruction.

The deal also says that United Nations agencies and other aid groups would distribute the humanitarian assistance, effectively sidelining the controversial Israel and US-backed GHF.

Hundreds of Palestinians were killed over the past months as they tried to reach GHF sites deep inside Israeli lines of control. Rights groups have described the mechanism as a death trap.

But GHF announced on Friday that it will continue to operate despite the ceasefire.

“GHF’s team on the ground continues to provide humanitarian aid and food to all those who need it,” GHF executive director John Acree said in a statement.

“We will not rest so long as there are Gazans in need. It’s our mission, and it continues on.”

GHF whistleblowers have documented horrific abuses committed in and around the private foundation’s sites.

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4chan will refuse to pay daily UK fines, its lawyer tells BBC

Chris Vallance

Senior technology reporter

Getty Images An image of the 4chan logo on a mobile phone shown on a multicoloured abstract backgroundGetty Images

A lawyer representing the online message board 4chan says it won’t pay a proposed fine by the UK’s media regulator as it enforces the Online Safety Act.

According to Preston Byrne, managing partner of law firm Byrne & Storm, Ofcom has provisionally decided to impose a £20,000 fine “with daily penalties thereafter” for as long as the site fails to comply with its request.

“Ofcom’s notices create no legal obligations in the United States,” he told the BBC, adding he believed the regulator’s investigation was part of an “illegal campaign of harassment” against US tech firms.

Ofcom has declined to comment while its investigation continues.

“4chan has broken no laws in the United States – my client will not pay any penalty,” Mr Byrne said.

Ofcom began investigating 4chan over whether it was complying with its obligations under the UK’s Online Safety Act.

Then in August, it said it had issued 4chan with “a provisional notice of contravention” for failing to comply with two requests for information.

Ofcom said its investigation would examine whether the message board was complying with the act, including requirements to protect its users from illegal content.

4chan has often been at the heart of online controversies in its 22 years, including misogynistic campaigns and conspiracy theories.

Users are anonymous, which can often lead to extreme content being posted.

‘First Amendment rights’

In a statement posted on X, law firms Byrne & Storm and Coleman Law said 4chan was a US company incorporated in the US, and therefore protected against the UK law.

“American businesses do not surrender their First Amendment rights because a foreign bureaucrat sends them an email,” they wrote.

“Under settled principles of US law, American courts will not enforce foreign penal fines or censorship codes.

“If necessary, we will seek appropriate relief in US federal court to confirm these principles.”

They said authorities in the US had been “briefed” on their response to Ofcom’s investigation.

The statement concludes by calling on the Trump administration to invoke all diplomatic and legal levers to protect American businesses from “extraterritorial censorship mandates”.

Ofcom has previously said the Online Safety Act only requires services to take action to protect users based in the UK.

UK backs down

Some American politicians – particularly the Trump administration, its allies and officials – have pushed back against what they regard as overreach in the regulation of US tech firms by the UK and EU.

A perceived impact of the Online Safety Act on free speech has been a particular concern, but other laws have also been the source of disagreement.

On 19 August, US Director of National Intelligence Tulsi Gabbard said the UK had withdrawn its controversial demand for a “backdoor” in an Apple data protection system – saying she worked with the President and Vice President to get the UK to abandon its plan.

Two days later, US Federal Trade Commission chairman Andrew Ferguson warned big tech firms they could be violating US law if they weakened privacy and data security requirements by complying with international laws such as the Online Safety Act.

“Foreign governments seeking to limit free expression or weaken data security in the United States might count on the fact that companies have an incentive to simplify their operations and legal compliance measures by applying uniform policies across jurisdictions,” he said.

If 4chan does successfully fight the fine in the US courts, Ofcom may have other options.

“Enforcing against an offshore provider is tricky,” Emma Drake, partner of online safety and privacy at law firm Bird and Bird, told the BBC.

“Ofcom can instead ask a court to order other services to disrupt a provider’s UK business, such as requiring a service’s removal from search results or blocking of UK payments.

“If Ofcom doesn’t think this will be enough to prevent significant harm, it can even ask that ISPs be ordered to block UK access.”

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Britain’s most expensive seaside town ‘abandoned’ by tourists who REFUSE to pay ‘outrageous’ new parking charge

THE MOST expensive seaside town in Britain has been “abandoned” by tourists with the implementation of an outrageous new parking fee.

It means visitors have to pay a daily parking price of £10.

View of Salcombe, Devon, showing boats in the estuary and rooftops of the town.

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Visitors have deserted the Devon coastal town
Shadycombe Pay & Display Car Park sign.

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It follows the introduction of a two tier parking plan in the areaCredit: Alamy
Aerial view of Salcombe, South Devon, with colorful houses and a church.

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Local businesses are worried about the effect it is having on themCredit: Alamy

The coastal town of Salcombe in Devon has had a new parking charge of £10 introduced for day-trippers.

Locals also are required to pay £8 per day for parking, if they have the annual £5 permit.

This has triggered outrage, a notable drop in visitors according to residents.

One local business owner, Beck Gordon who owns a cafe and fishmonger’s, said: “In terms of day-trippers, if you talk about more local people, they definitely don’t come any more.”

Beck added: “It’s quieter generally.

“The parking’s definitely an issue.”

She pointed to the “absolutely ridiculous” fact that it is cheaper to get a weekly parking ticket that costs £25 or £50 than pay the car park fees, which would add up to £70.

Another cafe manager in the area revealed spending £120 of her earnings just on parking.

Salcombe was recently dubbed the most expensive seaside town in the UK, with average house prices of around £1.2 million in 2022.

Lloyds, however, revealed they did tumble by 22 per cent in the Devon hotspot to £970,657 in 2022.

Discovering UK’s Most Picturesque Towns

It is known for its high concentration of second homes, which constitute 60 per cent of its housing stock, which are being hit by double council tax.

Despite having some of the UK’s best seafood, and being a small fishing village, it receives hardly any tourists anymore.

Councillor Julian Brazil, who is in charge of community services at the local council, stated: “We’d like to do everything to help the tourism trade and we have kept our car parking charges as competitive as possible.

“Residents of the South Hams can benefit from our discounted resident parking scheme.”

 “Many workers in Salcombe have benefited from our competitive parking permits, which offer significantly lower long-term parking compared to our pay-on-the-day rates.”

He added: “Be under no illusion, we don’t want to increase prices, but this is the best choice for us under the circumstances we find ourselves in.”

According to Brazil, the prices have been frozen for four years, and visitors are just being asked to contribute to public services.

Anti-tourist measures have been seen to be sweeping hotspots across the UK and Europe.

Officials have attempted to reduce the impact of holidaymakers by implementing additional taxes on tourists, or banning new hotels.

Earlier in the year, the Greater Manchester Mayor suggested that an existing optional fee in some Manchester city centre hotels should be replaced with a compulsory charge for visitors.

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‘I went sunbedless for a week because I refuse to be selfish like everyone else’

A British tourist has slammed holidaymakers as “selfish” after capturing crowds of people sprinting to reserve sunbeds at a Spanish hotel – and she never got to use one herself

The Brit
Adele Gough has spoken out against the sunbed wars

A British holidaymaker claims the sunbed scramble at her Spanish resort was so ruthless she didn’t manage to nab a lounger during her entire week-long break.

Adele Gough, 35, watched in amazement as fellow guests gathered by the pool gates at 9am before sprinting forward and flinging towels onto sunbeds. She watched the frantic scenes at the four-star GHT Oasis Park Hotel in Lloret de Mar, Spain, last week,

Adele, a hotel cleaner from Great Shefford, Berkshire, found the behaviour so “selfish” she refused to take part – and didn’t manage to secure a lounger throughout her entire getaway. She said: “At first I found it all pretty funny and typical of holiday-goers. It was entertaining to watch. But I do think it’s a bit selfish, as most of the sunbeds just sat there with a towel on them all day.” Adele is speaking out after a couple watched a hotel worker come close to being trampled.

Have you been swept up in a sunbed battle? We’d love to hear your war stories. Email [email protected]

READ MORE: Brit family admit ‘it’s not easy’ as they ditch UK for EU country with £7k homesREAD MORE: I went to the ‘worst part of Spain’ and one thing amazed me

The sunbeds
Adele refused to get involved

Adele, who was marking her birthday on the trip, said there weren’t any obvious regulations about bagging sunbeds, which she reckons sparked the frantic dash each morning.

Rather than waste her mornings queuing and sprinting, Adele opted to avoid the sunbed battle altogether. She said: “There weren’t any signs or rules posted anywhere around the hotel so all people could do was wait until the lifeguards opened the gates and then rush in. I decided not to bother so I didn’t end up using the sunbeds at all this holiday.”

Adele is not the only sunseeker who has found herself swept up in the sunbed wars.

Mark Hunter was shocked to see the chaos unfold from his hotel balcony. The 38-year-old watched on as determined holiday-goers raced for a lounger with their towels in tow as the pool gates opened.

One woman tripped over a chain barrier near the edge of the frame but quickly recovered, while others weaved past her in the dash. Mark was particularly surprised to see children pushed and jostled in the desperate rush for a prime pool spot. The madness unfolded after a tourist related their surprise at how empty the sunbed scene was at their resort in Spain.

READ MORE: World’s biggest great white shark ‘heads toward Nova Scotia’ in major update for touristsREAD MORE: ‘Hidden gem’ city is the most walkable in the world and a UK tourist favourite

Mark, a corporate manager from Ireland, filmed the clip at Hotel Playas de Torrevieja at around 9.54am on Friday (2 Aug), while on holiday with his wife Tara and their son Jake.

“I was shocked to see grown adults reduced to scrambling for sun beds,” he told Luxury Travel Daily. “It is exactly the same every morning — there are grown adults pushing past children to get a sun bed by the pool.”

After watching the chaos unfold, Mark’s 12-year-old son asked if he could take part the next morning. He added: “My little boy did want to be involved in the chaos the next morning as he thought it looked fun. We did let him queue and he was the fastest to a sunbed!”

Mark shared the clip on TikTok, where it has left viewers stunned with over 2,400 likes so far.

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Sheffield Wednesday players ‘ON STRIKE’ and refuse to play final friendly just 10 days before first Championship game

SHEFFIELD WEDNESDAY’S final pre-season match has been cancelled after players refused to play, according to reports.

The Owls are in crisis just 10 days before their Championship opener, with manager Danny Rohl having walked out this week.

Sheffield Wednesday assistant manager Henrik Pedersen and players applaud fans.

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Sheffield Wednesday appointed Henrik Pedersen as their new bossCredit: Alamy

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In Sumy, Ukraine, the front line is drawing near – but we refuse to leave | Russia-Ukraine war

When you live in war for so long, you have to take comfort in whatever little control you have over your decisions. My city in northwest Ukraine is now just 20km (12 miles) from the front line.

We all know that the front line has been getting closer in recent months. Every two or three days, there are reports that one village, another village and a third village have been occupied.

Cluster munitions have already directly hit the city centre. There are constant sirens, some lasting as long as two whole days. We have got so used to them that we don’t spend the whole time in basements because, over time, people’s minds adapt. We stay outside and continue to live, knowing we are risking our lives, knowing that this coffee might be the last one.

For many families in Sumy, like mine, the critical decision is whether to flee to a safer area. When this is your home, your roots, your loved ones, everything you’ve built – especially if family members aren’t planning to leave – it becomes a very complex decision. My daughter and I are staying put, though she has been sleeping in the hallway for the past few months, feeling safer there than in her bed next to the window. But with the school year now over, some families with the option are leaving the city – for a summer camp, a grandparents’ house – before reassessing the situation. Some have packed up and left for good.

I feel the children’s absence in the classes I facilitate through the local organisation League of Modern Women, supported by Save the Children. One day, a child is enjoying the lessons. The next day, they’re gone. These classes continue bringing joy to children – giving them some sense of normality, moments of joy and a glimpse of a real childhood. For children who have been limited to online learning for months, even years, it is the only opportunity they have to interact with others in person. And they are supporting one another, building resilience.

The classes for small children encourage them to draw, express emotions, feelings and dreams through art and painting. They also play team games and sports and learn mindfulness and breathing techniques to keep calm during crises. With teenagers, we ask them to work together to come up with project ideas to improve their community. For example, one girl wants to create a drama club, and a boy wants a library for Japanese manga comics. We teach them how to write a project proposal, create a budget and offer mentorship. It’s refreshing – and essential – for children to escape and expand their imaginations beyond the reality of war.

This is a reality that is eroding childhoods. The constant sirens have turned a decent night’s sleep – critical for children’s health and development – into a distant memory.

This is a reality that has separated children from their fathers. One girl in my class was in a bad mood for a long time. Finally, she said: “I want to see Dad. He is in military service.”

This is a reality that has kept children from socialising – something parents around the world will remember from the days of the COVID-19 pandemic. One boy, whose only interaction with other children for a long time was through a computer screen, started my classes struggling to communicate with others. Gradually, he has come out of his shell. Many children have had to say goodbye to friends on the move, time and again.

In one class, a boy and his friend had a ukulele and wanted to sing for everyone. We said, “Of course, go ahead!” These were fourth-graders – nine- and 10-year-olds. They stood up, started playing and singing, and their classmates turned off the lights and lit up their phone flashlights. They transformed our shelter classroom into a concert hall for five minutes. It was such a joy to see them enjoying life, even if just for a few moments in a city under attack.

For me, that makes my decision to stay in Sumy worthwhile. We cannot abandon the families and children here. Children need hope – and that is what our classes give. You could leave Sumy, and something could happen somewhere else. It doesn’t matter whether it’s a border city or the capital – moving in Ukraine is like playing the lottery. Safety is not guaranteed.

For those of us who have made the decision to stay, every day the significance of that choice becomes clearer. If we all left, there would be no Sumy – and no one left to protect.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

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2 Supreme Court Rulings May Spur Pace of Executions : Jurisprudence: U.S. justices refuse to order hearings of Death Row appeals, one of them from California. Rulings again limit federal review of state criminal cases.

The Supreme Court Monday again made it harder for Death Row inmates and other criminals to challenge their convictions in a federal court by claiming their constitutional rights were violated by state courts.

The pair of 6-3 rulings, including one in a California case, could speed the pace of executions around the nation. Many inmates have kept their legal cases–and themselves–alive by contesting their convictions in prolonged battles in federal courts.

In one decision, the justices reinstated a death sentence against a Sonoma County man who in 1975 shot and killed his wife. The second ruling involved a Virginia case.

Together, the rulings send a now-familiar message: Convicted criminals should not routinely get a second chance to contest their cases in a federal court.

About 95% of criminal cases nationwide are handled in the state courts. During the 1960s and ‘70s, however, the Supreme Court encouraged federal judges to closely review state cases to make sure that a defendant’s rights under the U.S. Constitution were protected. Inmates took advantage of this protection by filing a petition of habeas corpus to transfer their cases from a state to a federal court.

But under Chief Justice William H. Rehnquist, the high court has stressed the opposite. Federal judges should not casually meddle in state court matters, the conservative majority has said.

The California case concerned whether an inmate should get a second chance to contend that he was unfairly induced to incriminate himself.

The defendant in the case, Owen Duane Nunnemaker, was sentenced to death for the 1975 slaying of his estranged wife, Alice. Nunnemaker went to her home in Sebastopol, Calif., shot her at close range and cut a phone cord to prevent her children from calling for help. She died of her wounds.

He later claimed he loved her, but was temporarily deranged. Prosecutors, however, sent a police psychiatrist to interview Nunnemaker, who found him calm and rational. During the trial, the psychiatrist gave damaging testimony against the defendant, who was convicted and sentenced to death.

In his appeal in state courts, Nunnemaker said his Miranda rights were violated because the psychiatrist never warned him his statements could be used against him. The California appellate courts ruled that it was too late for Nunnemaker to raise this Miranda issue. His lawyer should have objected during the trial, the judges said.

Without giving a reason, the California Supreme Court declined to hear his appeal.

But he fared better in the federal courts. Last year, the U.S. 9th Circuit of Court Appeals ruled that Nunnemaker was entitled to a hearing before a federal judge to see whether his constitutional rights had been violated.

The Supreme Court said the 9th Circuit erred in the case, Ylst vs. Nunnemaker, 90-68. The majority opinion, written by Justice Antonin Scalia, said the federal appeals court should have presumed that the California courts declined to hear Nunnemaker’s appeal for procedural reasons, and the federal courts have no power to second-guess those procedural rules.

In their dissent from the ruling, Justices Harry A. Blackmun, Thurgood Marshall and John Paul Stevens said, “The Court today continues its crusade to erect petty procedural barriers” to raising constitutional claims in the federal courts.

Monday’s other death penalty case ruling was written by Justice Sandra Day O’Connor, herself a former state judge. She rejected the claim of a Virginia Death Row inmate that his initial appeal of his conviction still should be considered by that state’s court system, even though his lawyer was three days late in filing it.

The case “concerns the respect the federal courts owe the states,” O’Connor said. Because the state rules forbid the consideration of a late appeal, the federal courts must do the same, she said in Coleman vs. Thompson, 89-7662.

Law enforcement spokesmen praised the rulings for upholding valid criminal convictions. The decisions mean that an old legal challenge “cannot be resuscitated by some sympathetic federal judge,” said Charles Hobson of the Criminal Justice Legal Foundation in Sacramento. But Rep. Don Edwards (D-San Jose), whose House subcommittee is considering the federal habeas corpus laws, lambasted the court. The decisions “force innocent prisoners to pay the ultimate price for the errors of their lawyers in a state court,” Edwards said.

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