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13 Aug 2015, 10:02 am
Still more free speech: The bakers are not forbidden from expressing their opposition to same-sex marriage (paragraph break added): Finally, CADA [the Colorado Anti-Discrimination Act] does not preclude Masterpiece from expressing its views on same-sex marriage — including its religious opposition to it — and the bakery remains free to disassociate itself from its customers’ viewpoints. [read post]
28 Jul 2015, 11:36 am
Part IV Law and Literature: Regulatory fictions: on marriage and countermarriage, Elizabeth F. [read post]
11 Jul 2015, 9:58 am by Walter Olson
Tags: Oregon, same-sex marriage, social media, urban legends about lawsuitsViral junk and the Culture War: think before you share is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
10 Jul 2015, 4:37 pm
You know we don’t do same-sex marriage, same-sex wedding cakes. [read post]
8 Jul 2015, 10:30 am by Ken White
That order was widely reported as "gagging" the bakers and preventing them from expressing their opposition to same-sex marriage. [read post]
6 Jul 2015, 1:25 pm
But if refusing to sell cakes for same-sex commitment ceremonies (which today would be same-sex legal marriage ceremonies, since same-sex marriage is now legally recognized) indeed violates Oregon law, an order prohibiting such refusals is constitutionally valid. [read post]
5 Jul 2015, 5:55 am by SHG
Being all in favor of gay marriage under equal protection analysis, there was nothing negative to say about the outcome, and, indeed, the issue of gay marriage had, in my view, long since been decided when 36 states legalized it. [read post]
2 Jul 2015, 12:00 pm by Shawn Garrison
Face Certain Realities Sure, there are the bakers who refuse to make cakes for gay weddings and states where judges are refusing to abide by marriage equality, so is it a shock that a judge might not rule fairly, by the law of that state? [read post]
27 Jun 2015, 2:08 pm by Michael Dorf
As for others – such as religiously scrupled bakers and florists – absent (much-needed) legislation, the state action doctrine permits them the freedom to discriminate against same-sex couples. [read post]
27 Jun 2015, 8:39 am by Gregory Forman
In 1972, the United States Supreme Court issued Baker v. [read post]
26 Jun 2015, 1:35 pm
As I pointed out earlier, Chief Justice Roberts’ dissent today ignores the last thirty years of scholarship and uses Lochner as a bogeyman to reject a due process challenge to states’ refusal to recognize same-sex marriage. [read post]
26 Jun 2015, 1:30 pm by Andrew Hamm
Hodges, holding that states must both allow same-sex couples to marry and recognize same-sex marriages from other states. [read post]
26 Jun 2015, 12:01 pm by Lyle Denniston
Hodges expressly overruled the Court’s only prior ruling directly on same-sex marriage — a one-line decision in the 1972 case of Baker v. [read post]
26 Jun 2015, 9:57 am
The real Lochner held that a criminal law imposing maximum hours on bakers was not a justified infringement of liberty of contract under the police power because thought it was defended as a health law, the government presented no evidence that the baking was especially unhealthful, while the plaintiff presented strong evidence to the contrary. [read post]
24 Jun 2015, 3:30 am by Darren Rosenblum
Darren Rosenblum Michael Boucai’s wonderfully observant history of early marriage equality struggles, Glorious Precedents: When Gay Marriage was Radical, paints a beautiful portrait of early 1970s gay life and of the gay couples who sued for the right to marry in Baker v. [read post]