Archive for the 'Constitutional law'

Louisiana Refuses to Repeal Unconstitutional Sodomy Law

In 2003, the Supreme Court overturned all state anti-sodomy laws in Lawrence v Texas, making them unenforceable. But the Louisiana state legislature is insisting by a better than 2-1 margin that they keep their law on the books anyway because…well, who the hell knows why. Read more

Utah Withdraws Use of Regnerus Study

On Thursday the 10th Circuit Court of Appeals heard oral arguments in the appeal of a district court decision striking down Utah’s ban on same-sex marriage. In the wake of the Michigan case, they sent a letter to the court distancing itself from Mark Regnerus’ terrible study, which they had used at the trial level. That letter said, in part: Read more

OMG! Democrats Are ‘Demonizing’ the Supreme Court

Most liberals have been highly critical of the Supreme Court’s ruling in the McCutcheon case, as they were with the earlier Citizens United decision. For some reason, that seems to bother Randy Barnett, one of my very favorite constitutional scholars, very much. Read more

ADF Spins Obvious Loss

The Supreme Court on Monday denied cert in a case involving a photography business in New Mexico that refused to serve a lesbian couple’s wedding. The Alliance Defending Freedom represented the business and they seem to be straining really hard to put a positive spin on that: Read more

Appeals Court Issues Weird Church/State Ruling

I agree completely with Hemant on the appeals court decision in the case involving the Bronx Household of Faith and its attempt to rent public school facilities during non-school hours. I’m a little astonished at the hair splitting the court is doing to deny their right to do so. Here’s what the NYC public school policy says: Read more