Cleverly, the proponents of Prop. 8 are saying nothing about the direct rights of gay people who want to marry. Rather, they make three claims based on Prof. Richard Peterson of Pepperdine Law School’s analysis of the Marriage Cases. All… Continue Reading
Today, the Connecticut Supreme Court interpreted its Constitution to require same-sex marriage. It is now the third state to do so, joining Massachusetts and California. Watch carefully as Connecticut’s crime rate remains functionally the same into the foreseeable future, Connecticut’s… Continue Reading
Separation of church and state runs both ways. But these days, it’s not too often that I come across stories in which the government interferes in religious affairs. This divorce case from Arkansas (H/T to the fascinating Howard Friedman blog… Continue Reading
I don’t know about you, but if I went to court and I saw this poster up on the wall, I would be very, very intimidated — even if I were a Christian. The message it sends to me is… Continue Reading
Eugene Volokh posts a reminder that polling on Proposition 8 is still volatile. A recent Survey USA poll shows Prop. 8 ahead; the Field Poll still says otherwise. Prof. Volokh wonders if the recent advertisement featuring Gavin Newsom making provocative… Continue Reading
Today is the traditional beginning of the U.S. Supreme Court’s 2008-2009 term. Most of the big cases, of course will not be decided until June of next year. But I’ll point to a couple of cases that have caught my… Continue Reading
Does the National Day of Prayer violate the Establishment Clause? I.Legal Framing Of Question This is the basic, straight-ahead question asked bya lawsuit filed Friday by the Freedom From Religion Foundation. Although the complaint details various permutations of the theory,… Continue Reading
…And I don’t expect her to be a lawyer. But the legal intertubes are still buzzing about Palin trying to B.S. her way through a Katie Couric question about Supreme Court cases other than Roe v. Wade with which she… Continue Reading
While we were in Wisconsin, my mother-in-law expressed a very common resentment of people who commit crimes, go to prison, and then get free medical care there. If you think about it, there isn’t any choice about giving medical care… Continue Reading
The phrase “in God we trust” first appeared on United States currency today. In 1957. “In God We Trust” did not appear on the money used by the Founders. Consider, for example, this image of a Revolutionary-era paper note for… Continue Reading