AL Court Overturns Law SCOTUS Already Struck Down

An Alabama state appeals court has struck down that state’s ban on consensual gay sex, a law that was already overturned by the U.S. Supreme Court in 2003 in Lawrence v Texas. Ala. Code 1975 says that any “deviate sexual intercourse” is illegal and that consent does not matter:
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Dumbest Legal Argument Ever?

Paul Clement is widely considered one of the most brilliant constitutional attorneys in the country. The former Solicitor General under George W. Bush is revered for his legal skill even by those who think he’s wrong most of the time. But he may well have just made the dumbest legal argument I’ve heard offered by anyone not named Mat Staver, Larry Klayman or Orly Taitz.
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WND Columnist Spreads Baseless Paranoia

Michael Brown, a columnist for the Worldnetdaily, asks an ominous question: Will churches be forced to perform same-sex weddings? The answer is simple: No. Not in the United States, certainly. But he thinks people trying in other countries to force that applies here without grasping the rather obvious difference:
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Let the End of Year Supreme Court Flurry Begin

It’s June, which means over the next few weeks we’ll be getting the usual flurry of decisions released by the Supreme Court on cases they heard earlier in the term. Often these are the most contentious and controversial cases and this year is no exception. ThinkProgress highlights a few of the cases in which rulings are anticipated:
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Focusing on Children a Bad Move For Anti-Equality Lawyers

Jeffrey Toobin has a short profile of Austin Nimocks, an attorney with the Alliance Defending Freedom who has been representing some states defending their bans on same-sex marriage and filing briefs in other cases. Toobin points out that he’s making a rather glaring strategic mistake:
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Amusing New Brief Filed in Michigan Marriage Case

A new amicus brief has been filed in DeBoer v Snyder, the case that overturned Michigan’s ban on same-sex marriage, now being heard by the 6th Circuit Court of Appeals. It’s on behalf of several organizations, including Eugene DelGaudio’s one-man scam shop and the openly theocratic Institute on the Constitution. Some of the arguments are highly amusing.
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House Passes Weak Bill to Restrain NSA

The House of Representatives passed a significantly weaker version of a bill to rein in the NSA’s blatantly unconstitutional data mining programs than was originally considered. The USA Freedom Act does contain some useful safeguards, but nothing remotely like what the 4th Amendment requires:
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Liberty Counsel’s Bad Arguments in Michigan Marriage Case

Liberty Counsel has filed a brief in the 6th Circuit Court of Appeals in the case that overturned Michigan’s ban on same-sex marriage on behalf of the American Family Association of Michigan and its president, virulent bigot Gary Glenn. I’m sure it will come as a huge surprise to hear that the arguments it contains are absolutely terrible. For instance:
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TMLC Files Brief in Marriage Case for Black Pastors

The Thomas More Law Center has filed a brief in the 6th Circuit Court of Appeals in the case that struck down Michigan’s ban on same-sex marriage on behalf of the Coalition of Black Pastors, a group of African-American bigots from my home state. Most of it seems to be an expression of their outrage at being compared to gay people. From a press release they sent out:
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