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Like Jason Voorhees In That Last Scene

The Religious Freedom Restoration Act and the Religious Test Clause predictably collide with Obergefell v. Hodges in Eastern Kentucky.

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The Highest Profile Legal Writing Clinic Ever

The legal writing in Obergefell v. Hodges is both a model and a caution for future writers, especially those who, like lawyers, would write to persuade.

Marriage!

Obergefell was announced by SCOTUS this morning. 5-4 in favor of same-sex marriage rights. Fourteenth Amendment requires a state to both issues SSM licenses and to recognize licenses issued by other states. Opinion by Kennedy. Roberts, Scalia, Thomas, and Alito all dissent, mostly joining one anothers’ dissents. My office scheduled a 9:30 new client intake…

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Dignitas Versus Auctoritas

This one is going to be a squeaker.

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A Lovely Wedding Conundrum

Burt Likko thought he understood this six years ago: religion is religion, and business is business. But the Hobby Lobby case leaves the rules a whole lot blurrier.

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First Monday 2014

Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.

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2013-2014 Term Recap (Save Two)

It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.

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Oyez, Oyez

It’s the first Monday in October. Burt Likko offers a preview of the high points of the Supreme Court’s docket, and some other interesting notes.

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The Price Of Citizenship (Updated)

New Mexico’s Supreme Court ruled today in favor of a plaintiff who sued for violation of one of that state’s anti-discrimination laws based on a photographer refusing to take pictures at her same-sex commitment ceremony. Burt Likko presents a digest of the decision.

Religious Liberty Means Religious Privilege

So far two bakeries have faced legal challenges to their refusal to make wedding cakes for same-sex weddings. Opponents of same-sex marriage see these cases as the start of a fast approaching widespread persecution. Personally, I don’t see how the act of baking a cake for a wedding implies approval of that wedding, but the…

The End of Absolute Sexual Morality

My friend Darwin observes: When trying to make-nice to conservatives, proponents of “same sex marriage” tend to emphasize it as a way of enshrining commitment and sexual morality. However, while this tends to suggest that same sex relationships should have the same moral obligations and boundaries as traditional ones, in practice I have never known…

Next Up: Polygamy

It is an unalloyed joy that marriage equality is spreading across North America. I know how this subject personally touches many contributors and commenters to this blog, and I revel in the joy they are expressing. Greater still is the ten years worth of evidence that Canada can offer demonstrating that marriage equality destroys neither…

Big Wednesday 2013

I thought this would only have been a one-day thing. But we’re here on the third day in a row of huge decisions from the Supreme Court. At last, we have rulings on the same-sex marriage cases. [Discussion at NaPP]

Big Monday 2013

Today is the last scheduled day for decisions and opinions scheduled by the Supreme Court. In the comments to this post, I’ll be glossing the Voting Rights Act, affirmative action, and same-sex marriage cases.* And, of course, setting up a forum for your comments on them too. [See you at NaPP!] UPDATE:  Here’s my first…

The GOP’s Self-inflicted Wound

Ezra Klein flags an interesting Gallup result showing rare uniformity in American public opinion. Turns out near everyone, Republicans included, thinks the GOP is intransigent. And they don’t like it: [Twenty-two] percent of Democrats, 17 percent of independents, and fully 26 percent of Republicans complained that the GOP refuses to compromise. That’s rather remarkable: It turns out…

If you happen to live in Maine (or Washington, Maryland or Minnesota)

A little over a week ago, we went to visit the Better Half’s family.  It was one of our niece’s birthday, and all of the various cousins were assembled.  As is his wont, the Critter tore around like a madman outside and generally behaved like the rambunctious 3-year-old he is.  That is, up until the…