First Amendment Defense Act: Protecting an Open-Ended "Right" to Discriminate Against Same-Sex Couples

The First Amendment Defense Act purports to prohibit discrimination. In fact it fosters and promotes discrimination against same-sex couples. Moreover, the proposed law is fatally vague, and as it result it would encourage and protect a broad range of discriminatory actions by businesses, universities, hospitals, and other institutions. Furthermore, although the Act purports to defend "liberty," the Act fundamentally misunderstands the true nature of liberty -- that no person is entitled to more liberty than he or she is willing to grant to every other person.

"Religious Liberty" Discrimination Cases -- What If a Business's Conduct Is Speech?

Our conduct must conform to the dictates of the law, but we cannot be punished for exercising our right to freedom of expression. What if our conduct is expressive? How do these principles apply in situations where businesses have religious objections to same-sex marriage?

Obergefell Verses the Dissenters

Roberts just loves democracy,
So long as it works to keep him free.
Scalia now thinks gays are lovely
Forget his rants on sodomy.

Thomas thinks that slavery
Did not rob blacks of dignity.
And Alito delivers a homily
On the way marriage used to be.

Is their opposition due
To fears that they might be gay too?
To those who worry this might be true,
I'm afraid I have some news for you!

Or is it based on gender role?
Men sweat but women glow?
Is it a matter of control?
Man on top, woman below.

Will these dissenters consecrate
A desire to discriminate?
Do they dare insinuate
That Jesus taught us how to hate?

The Constitution's polity
Guarantees our liberty.
Obergefell's finality
Establishes equality.

Responding to Chief Justice Roberts' Dissent in Obergefell

Chief Justice John Roberts wrote a thunderous dissenting opinion in the same-sex marriage case, Obergefell v. Hodges. Here is my response.

Summary of Oral Argument in Obergefell v. Hodges

This entry describes the arguments that were made during the first part of oral argument in Obergefell v. Hodges, the same-sex marriage case that was argued before the Supreme Court on Tuesday, April 28, 2015.

Oklahoma and Alabama Laws Designed to Make It More Difficult for Gay and Lesbian Couples to Marry Will Backfire

News reports indicate that the Oklahoma House has approved a bill that transfers the power to issue marriage licenses from clerks of court to members of the clergy, and that the Alabama House has approved a bill that would explicitly authorize judges and members of the clergy to decline to officiate at specific marriages on account of religious objections. Neither law is constitutional. Both will have serious unintended consequences.

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.

Same Sex Marriage in Alabama - Showing Respect

A few days ago when last I posted on this topic Chief Justice Ray Moore stood in the courthouse door barring entry to same sex couples seeking marriage licenses. He had ordered Probate Judges across the state to disobey the federal court order striking down the Alabama constitutional provisions and statutes that prohibited same sex marriage. The Chief Justice did not purport to issue an injunction, nor did he propose to punish errant Probate Judges who might choose to obey the order of the District Court. Instead he called upon the governor of the state to enforce the law, presumably by taking some unspecified action against such judges. What happened? And what happens now?

Judge Ray Moore, Governor Robert Bentley, the Bible and the Constitution

     Late last night Ray Moore, Chief Justice of the Alabama Supreme Court, issued an order to all Probate Judges in Alabama to refuse to issue marriage licenses to same-sex couples. In his order he called upon Governor Robert Bentley to enforce Alabama law prohibiting same sex marriages.

Bishop v. United States: Federal District Court Strikes Down Oklahoma Ban on Same-Sex Marriage

Since the decision of the United States Supreme Court six months ago in United States v. Windsor striking down Section 3 of the federal Defense of Marriage Act, courts in Utah, New Mexico, and Ohio have declared state laws against same-sex marriage to be in violation of the United States Constitution. Oklahoma now joins their ranks. The decision of the District Court Judge Terence C. Kern in that case (Bishop v. United States) has a number of noteworthy elements.

Obergfell v. Wymyslo: Ohio Must Recognize Same-Sex Marriages From Other States

Judge Timothy S. Black, a federal district court judge for the Southern District of Ohio, has issued a ruling in Obergfell v. Wymyslo ordering the State of Ohio to recognize same-sex marriages that were lawfully entered into in other states. Like last week's district court decision in Utah, the judge based his ruling on the Supreme Court's decision in United States v. Windsor which ordered the federal government to recognize the validity of same-sex marriages entered into in the states that allow them.

Federal District Court Strikes Down Utah Laws Against Same-Sex Marriage

In a decision issued earlier today in the case of Kitchen v. Herbert, Judge Roger J. Shelby, a federal judge for the Central District of Utah, struck down that state's statutes and constitutional provisions against same-sex marriage. Utah thereby becomes the 18th state to recognize same-sex marriage. The judge's opinion is available here.

New Mexico Supreme Court Rules in Favor of Same-Sex Marriage

Earlier today in the case of Griego v. Oliver the New Mexico Supreme Court declared that, under the Bill of Rights of the New Mexico state constitution, same-sex couples have the same right to marry as opposite sex couples. The court's opinion is available here.