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Editorials & Opinions
A Procedural Rule Could Keep Any Future Marriage Equality Case From the US Supreme Court
October 21, 2014
One of the great benefits of the marriage equality debate is that it has forced Americans to learn way more about constitutional law than they probably ever wanted to. In just a few years, terms like "heightened scrutiny" and "liberty interest" have wriggled their way into the demotic parlance, to my unceasing delight. But the schooling, it seems, will not end at the 14th Amendment, because Arizona Attorney General Tom Horne just cited a rule of civil procedure in refusing to defend his state's ban on same-sex marriage. And if his theory is correct, opponents of marriage equality may be procedurally barred from ever getting a gay marriage case to the Supreme Court again. more . . . .
Why Houstonís Pastor Subpoenas Have Nothing To Do With Religious Liberty
October 17, 2014
There has been a new clash this week in the fight over the Houston Equal Rights Ordinance (HERO), a law that would protect LGBT individuals and other targeted groups from discrimination. The latest hubbub involves the city subpoenaing five pastors for their sermons, which has prompted conservatives to claim that religious liberty is under attack and that the subpoenas are a form of intimidation. more . . . .
One Way US Marriage Equality Could Still Lose
October 14, 2014
The Supreme Court seems determined to bring marriage equality to the United States as slowly as possible. If they move too slowly, however, the forces of discrimination may be smiling in a few years. more . . . .
US Supreme Court's Marriage Equality Non Decision: Analysis
October 7, 2014
The newswires are thick with reports about and analysis of the Supreme Court's action yesterday (or lack of action). Here are some of the analyses from the web. more . . . .
Do We Even Need the Supreme Court to Rule on Marriage Equality?
October 7, 2014
Back in June, I argued that there may never be a need for the Supreme Court to take a marriage equality case. more . . . .
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