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20 May 2014, 12:05 pm
Judicial victories for gay marriage are coming almost daily now. [read post]
2 Apr 2015, 8:12 am
The Indiana legislature is poised to adopt an amendment to the state’s recently passed state Religious Freedom Restoration Act, about which I have written critically. [read post]
13 Aug 2015, 2:27 pm
A federal district judge in Kentucky has rejected a county clerk’s statutory and constitutional claims that she cannot be required to issue marriage licenses in violation of her religious beliefs. [read post]
23 Apr 2015, 3:04 pm
Days before the Supreme Court will hear oral argument in cases challenging state bans on gay marriages, a committee of the Texas legislature has approved a bill that would broadly prohibit state employees from issuing or recognizing marriage licenses for same-sex couples. [read post]
18 Nov 2014, 7:32 am
In previous posts, I’ve criticized the Sixth Circuit’s analysis of animus (see here) and its use of originalism (see here) to reject equal-protection claims for same-sex marriage. [read post]
12 Nov 2014, 9:13 pm
A Michigan district court today struck down a state law barring local governments from offering health care and other fringe benefits to the same-sex domestic partners of their employees, holding that the ban violates the Equal Protection Clause because it reflects unconstitutional animus against same-sex couples. [read post]
4 Apr 2017, 8:51 pm by Dale Carpenter
In a major decision breaking with every other federal appeals court to rule on the issue, the en banc Seventh Circuit held today that sexual orientation discrimination is a form of sex discrimination forbidden by Title VII of the Civil Rights Act of 1964. [read post]
9 May 2014, 3:59 pm
In a wide-ranging opinion citing precedents involving racial discrimination like Dred Scott v. [read post]
11 Oct 2019, 4:01 pm by Dale Carpenter
[A tool for viewpoint discrimination has an anti-LGBT history, too ] In a televised Democratic presidential forum on LGBT issues last night in Los Angeles, CNN's Don Lemmon asked Beto O'Rourke, "Do you think religious institutions like colleges, churches, charities – should they lose their tax-exempt status if they oppose same-sex marriage? [read post]
17 Jul 2017, 9:05 pm by Walter Olson
Brown just four days before, Texas Supreme Court intends to take its time spelling out to litigants the implications of Obergefell for municipal employee benefits [Josh Blackman (plus more), Dale Carpenter on Pidgeon v. [read post]
22 May 2016, 9:05 pm by Walter Olson
Dale Carpenter’s proposal for bolstering free expression at the University of Minnesota [Susan Du, City Pages] “Why Free Speech Matters on Campus” [Michael Bloomberg and Charles Koch] Faculty at George Mason University law school unanimously affirm commitment to renaming school after Justice Antonin Scalia [Lloyd Cohen, Michael Greve] Tags: Antonin Scalia, Barack Obama, colleges and universities, free speech, Israel, Maryland, Minnesota, Oregon Campus… [read post]
18 Oct 2019, 8:00 am by Adam Faderewski
., Dale Carpenter, and Jeff Kahn will serve as the clinic’s advisory committee. [read post]
2 Dec 2013, 8:05 pm by Walter Olson
Dale Carpenter et al vs. [read post]
11 Sep 2015, 3:01 am by Walter Olson
Dale Carpenter at Volokh Conspiracy has some kind words for my piece along with thoughts about the possible constitutional infirmities of the draft bill’s blatant enlistment of government power on one viewpoint and set of beliefs as against others; he also links to this Christianity Today piece by three leading religious liberty scholars, Richard Garnett, John Inazu, and Michael McConnell, who acknowledge some of the problems with FADA in present form while urging support for… [read post]
16 May 2009, 5:26 am
Although law professor Dale Carpenter finds no substantive reason to add religious-liberty exemptions to same-sex marriage legislation, he accepts them as a a matter of political expediency. [read post]
30 Jan 2010, 5:13 am by Walter Olson
[Ann Althouse] And it's not as if Chuck Schumer has made up his mind or anything: he's titled his hearing on Citizens United next week "Corporate America vs. the Voter" [PoL, yet more here and here] Olson and Boies should realize these are not the days of the Warren Court [Dale Carpenter, Independent Gay Forum] Motorists beware Tenaha, Texas: the legal sequel [WSJ Law Blog, earlier here, etc.] [read post]
26 Jun 2015, 1:30 pm by Andrew Hamm
Cooke, both at National Review, and Dale Carpenter at The Volokh Conspiracy. [read post]
24 Oct 2018, 3:05 am by Walter Olson
Supreme Court: Baker Doesn’t Have to Place Pro-Gay Marriage Message on Cake” [Dale Carpenter, Peter Tatchell, Lee v. [read post]
30 Dec 2019, 3:02 am by Walter Olson
” [Dale Carpenter, SSRN and Volokh Conspiracy summary] “That unlimited right to lobby the lawmakers who make decisions that affect your life, your family, and your fortune is one that Sen. [read post]