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10 Sep 2015, 8:38 pm
In Newsweek, Cato’s Walter Olson offers the most trenchant critique yet of the proposed First Amendment Defense Act (FADA), which is a newer and broader version of the Marriage and Religious Freedom Act introduced in 2013. [read post]
11 Nov 2014, 10:51 pm
Now that a critical part of the Affordable Care Act is before the Supreme Court in King v. [read post]
6 Nov 2014, 1:50 pm
By a 2-1 vote, with Judge Jeffrey Sutton writing the opinion, the Sixth Circuit has upheld state prohibitions on same-sex marriages in the states of Ohio, Kentucky, Michigan, and Tennessee. [read post]
30 Jun 2014, 7:38 am
Here’s an excerpt from my review of the new book by Ted Olson and David Boies, in today’s New York Times: More dual memoir than history book, “Redeeming the Dream” takes us through the legal proceedings, dutifully summarizing briefs, oral arguments and decisions. [read post]
7 Jan 2015, 4:19 pm
On Friday, the Fifth Circuit will hear oral argument in three cases challenging bans on same-sex marriage, one each from Texas, Mississippi, and Louisiana. [read post]
15 Aug 2017, 9:08 pm by Dale Carpenter
At the height of the deadly racist mayhem last Saturday in Charlottesville, a so-called white nationalist named Preston Wiginton announced that he would hold a “White Lives Matter” rally on September 11 on the grounds of Texas A & M, a public university in College Station. [read post]
14 Apr 2014, 8:33 am
The Supreme Court’s decision from last summer striking down the Defense of Marriage Act, United States v. [read post]
17 Oct 2013, 2:45 pm by Dale Carpenter
(Dale Carpenter) The state’s Department of Justice has concluded that the state’s administrative agencies can (and probably must) recognize same-sex marriages validly performed in other states, even for purposes of providing state-law benefits. [read post]
10 Jun 2009, 5:52 am
06/09/09 Washington Post On Faith Blog (source: Gay Opinion Blog)Law professor Dale Carpenter has distinguished between substantive and political reasons for including religious-liberty exemptions in same-sex marriage laws. [read post]
31 Aug 2013, 3:05 pm by Dale Carpenter
(Dale Carpenter) Now that the president has vowed to seek Congress’s approval even for what he promises will be very limited military action in Syria, an interesting question arises. [read post]
26 Nov 2013, 10:55 am by Will Baude
Noel Canning (the Supreme Court’s recess appointments case) on behalf of ourselves and a group of other constitutional law scholars, including co-conspirators Dale Carpenter, Eugene Kontorovich, and Nick Rosenkranz, as well as Nathan Chapman, Samuel Bray, John Eastman, Richard Epstein, Michael Greve, Joshua Hawley, Kurt Lash, and Sai Prakash. [read post]
24 Oct 2013, 10:01 am by Dale Carpenter
(Dale Carpenter) In a splendidly written essay in The Atlantic, Jonathan Rauch makes the case for protecting “hate speech” in the context of a proposed boycott by some gay-rights advocates of the movie Ender’s Game (released Nov. 1). [read post]
29 Aug 2013, 2:15 pm by Dale Carpenter
(Dale Carpenter) A unanimous panel of the Ninth Circuit has upheld California’s ban on efforts by licensed mental health professionals to change the sexual orientation of minors, a practice often called gay conversion therapy because it’s sought by parents anxious to make their gay kids straight. [read post]
31 Aug 2013, 7:08 pm by Ilya Somin
(Ilya Somin) Co-blogger Dale Carpenter rightly poses the question of what an authorization to use military force in Syria would actually authorize. [read post]
2 May 2010, 12:58 pm by Michael Ginsborg
(JURIST / Care2.com) (For the legislation's legal context, see this press release by Freedom to Marry, Dale Carpenter's post at the Volokh Conspiracy.) [read post]
19 May 2009, 5:21 am
Law professor Dale Carpenter disputes the substantive grounds for religious-liberty exemptions, but accepts their political necessity. [read post]
6 Nov 2017, 9:15 pm by Walter Olson
[Adam Liptak, New York Times; Eugene Volokh/Dale Carpenter brief for American Unity Fund; Cato brief] SCOTUSBlog has a symposium on Masterpiece Cakeshop. [read post]
18 Sep 2019, 9:05 pm by Walter Olson
[Lindsay Walker, Cronkite News/Arizona PBS; Eugene Volokh and Dale Carpenter (filed with Cato in the case on behalf of the studio); earlier here, etc., and related] The latter part of the ruling does seem to result in a broader than usual reading of a state RFRA, because most state courts have declined to interpret the laws to provide very much protection for religious objectors in public-accommodation cases; their logic has been that reducing discrimination is a compelling state… [read post]