Search for: "Matter of Marriage of Smith"
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12 Nov 2020, 8:18 pm
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
6 Nov 2020, 5:02 am
My views on Smith are no secret; Justice Scalia called me Smith's most prominent academic critic. [read post]
5 Nov 2020, 6:10 pm
In my post yesterday, I suggested that the case might possibly turn on a rather narrow, fact-dependent question--namely, whether the City has discriminated against CSS on the basis of its religious opposition to same-sex marriage. [read post]
5 Nov 2020, 11:54 am
Same-Sex Marriage and Interracial Marriage Throughout the arguments, several Justices brought up the Loving question. [read post]
4 Nov 2020, 9:02 pm
Smith, neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment. [read post]
4 Nov 2020, 5:36 pm
” But, he continued, the court has never said anything similar about interracial marriage. [read post]
3 Nov 2020, 11:39 pm
This delegation of the Commonwealth agency’s family-approval function is not simply a matter of Pennsylvania abdicating its responsibility to perform its own duty by turning it over to private parties to do what they wish. [read post]
2 Nov 2020, 6:00 am
This may be true both in terms of subject matter, but also in terms of volume. [read post]
1 Nov 2020, 1:42 pm
It obviously may not matter if the Supreme Court chooses to reaffirm Smith. [read post]
30 Oct 2020, 7:28 am
Governments might claim that their regulation or funding of aspects of religious schools, homeless shelters and hospitals renders these institutions agents of the government, required to pledge allegiance to the state’s views on marriage and other disputed matters. [read post]
28 Oct 2020, 1:00 pm
As an initial matter, CSS argued that the city’s actions in cutting off referrals to the agency did not flow from a neutral, generally applicable law at all. [read post]
13 Oct 2020, 9:01 pm
Even in states that do not follow Smith as a matter of state constitutional law—and thus allow religious exceptions to general laws—no one may engage in FGM, because of the harm it inflicts. [read post]
15 Aug 2020, 6:22 pm
., ch. 110, par. 57.1, Historical & Practice Notes, at 132 (Smith-Hurd 1968). [read post]
12 Aug 2020, 9:22 am
Smith had worked there in various capacities for 17 years. [read post]
10 Aug 2020, 1:06 pm
While a big opportunity, the pressure broke Gardner’s already strained marriage. [read post]
5 Aug 2020, 7:59 am
Rather, “[w]hat matters, at bottom, is what an employee does. [read post]
29 Jul 2020, 6:09 am
CSS is asking the Supreme Court to change that rule by overturning Smith.) [read post]
29 Jul 2020, 5:49 am
Smith v. [read post]
25 Jul 2020, 3:44 pm
Smith for their insightful critiques of my book, Gay Rights v. [read post]
19 Jun 2020, 8:25 pm
It just means Jones would still be alive if Smith hadn't hit him. [read post]
