Marriage is Good, Actually
I fervently hope that this anti-marriage sect on the right is completely unrepresentative, but I fear it may be more permanent.
I fervently hope that this anti-marriage sect on the right is completely unrepresentative, but I fear it may be more permanent.
An indulgence in what would be an act of political courage and principle, if it were to actually take place, which we all know it will not.
The Religious Freedom Restoration Act and the Religious Test Clause predictably collide with Obergefell v. Hodges in Eastern Kentucky.
The wisdom of a sports movie and the insight of a litigator show that the best time is now — right now — for the nation to reconcile some of its deep social fissures.
The legal writing in Obergefell v. Hodges is both a model and a caution for future writers, especially those who, like lawyers, would write to persuade.
Obergefell was announced by SCOTUS this morning. 5-4 in favor of same-sex marriage rights. Fourteenth Amendment requires a state to both issues SSM licenses and to recognize licenses issued by other states. Opinion by...
Or: Why you don’t really believe that religious liberty should allow what you think it should.
Dennis Sanders thinks the ongoing debate in Indiana is about LGBT rights, religious liberty and about the times we live in.
Burt Likko thought he understood this six years ago: religion is religion, and business is business. But the Hobby Lobby case leaves the rules a whole lot blurrier.
Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.
It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.
While I’ve heard some pretty stupid arguments against same-sex marriage, this one from Rick Santorum–he of man-on-dog love fame–strikes me as particularly ridiculous. In an interview with townhall.com, Santorum put forth his latest theory:
Since Justice Kennedy openly invited challenges to state bans on same-sex marriage in last year’s Windsor case, there has been a string of federal district court rulings, unanimously in favor of SSM. Today the...
In what might be the most inept argument I have seen him make, the American Conservative pundit calls out my hometown. I respond.
A potentially mighty case dies not with a shout, but with a one-sentence memorandum, full of legal formality, signifying nothing.
Dennis Saunders is correct: When it comes to people like Mozilla’s Brendan Eich, we should practice tolerance. But not the sake of people like Brendan Eich.