County Clerk Kim Davis and the Establishment Clause

County Clerk Kim Davis contends that she has a constitutional right to refuse to issue marriage licenses to same-sex couples under the Free Exercise Clause of the Constitution. But she forgets that Freedom of Religion consists of two rights: not only the right of the individual to the free exercise of religion, but also the prohibition against the establishment of religion by the government.

State of Washington v. Arlene's Flowers: Washington Superior Court Rules in Favor of Same-Sex Couple

On February 18 in the case of Washington v. Arlene's Flowers Judge Alexander Eckstrom, Superior Court Judge for Benton County in the State of Washington, ruled in favor of a same-sex couple who sued a florist who refused to provide flowers for their wedding. The court upheld the enforcement of the state's non-discrimination law against the florist. The florist shop -- Arlene's Flowers -- had argued that it would violate the florist's religious beliefs to provide flowers for a same-sex wedding, and that it would be unconstitutional to enforce the non-discrimination law against the florist. Judge Eckstrom ruled that state law prohibiting discrimination on the basis of sexual orientation could be enforced under these circumstances.

2013-2014 Supreme Court Term: Court's Decision in Daimler AG v. Bauman, No. 11-965: Implications for the Birth Control Mandate Cases?

On January 14, 2014, the Supreme Court issued its decision in favor of Daimler AG (the maker of Mercedes-Benz), ruling that the federal courts in California lacked personal jurisdiction over Daimler to adjudicate claims for human rights violations arising in Argentina. The ruling of the Court may have implications for the birth control mandate cases pending before the Court in Hobby Lobby Stores and Conestoga Wood Specialties. The Court's slip opinion in Daimler AG v. Bauman is available here.

2013-2014 Supreme Court Term: Pending Constitutional Law Cases

There are an unusually high number of significant constitutional law cases pending in the United States Supreme Court. Over the course of the next few weeks I will summarize these cases and analyze the issues. Today I simply post a list of the upcoming cases.

My Research Plans

     I am working on three major research projects: one short-term, and two others longer term.