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From the category archives:

Civil Rights

ENDA – The Employment Non-Discrimination Act

November 13, 2009

     In yesterday's post I described how there appears to broad support in favor of enacting ENDA – the law that will prohibit employment discrimination on the basis of sexual orientation and gender identity.  In this post I sketch out the provisions of the proposed federal law.

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Increasing Support for Proposed Laws Prohibiting Employment Discrimination on Basis of Sexual Orientation and Gender Identity

November 12, 2009

     The Employment Non-Discrimination Act (ENDA), which would prohibit employment discrimination on the basis of sexual orientation or gender identity is moving through both houses of Congress.  A similar law in Salt Lake City picked up unexpected support from the Church of Latter-Day Saints.

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Maine Rejects Gay Marriage – Washington State Approves Domestic Partnerships

November 4, 2009

     Voters in Maine and Washington State voted yesterday in referenda on whether to approve or disapprove laws that had been adopted by their state legislatures relating to the recognition of same-sex unions.  In Maine, the voters decided to reject a law that would have recognized same-sex marriage.  In Washington State the voters ratified a [...]

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Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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Louisiana Justice of the Peace Violates the Constitution – and His Reasoning Strikes a Familiar Chord

October 18, 2009

     This much is obvious.  Keith Bardwell, an elected Justice of the Peace in Louisiana, violated the Constitution when he refused to marry an interracial couple.  People have not paid too much attention to the reason that he refuses to marry people of different races.  That reasoning is instructive.

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The President's Gay Rights Speech

October 12, 2009

     On Saturday evening President Obama delivered a major address on gay rights.  The principal points he made are set forth below.

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Ricci v. DeStefano – the New Haven Firefighter case – Which Is Fairer, Multiple Choice or Oral Examinations?

June 30, 2009

     In a previous post I described the New Haven firefighter case and Judge Sonia Sotomayor's participation in it as a member of the Second Circuit Court of Appeals.  In this posting I will analyze yesterday's 5-4 decision of the Supreme Court reversing the Court of Appeals' decision in that case.  One aspect of this case particularly [...]

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Does Chief Wahoo Deserve an Antitrust Exemption?

February 19, 2009

Spring training got into full swing this week.  For most of my adult life, the return of baseball was like a ray of sunlight breaking through grey skies because I love to watch and score the game.  But since I moved to Cleveland four years ago, the return of baseball has left me tense–dealing with [...]

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Obama poster artist a copyright thief!?

February 10, 2009

Yes, it's the Associated Press v. Shepard Fairey. Turns out that the famous poster by artist Shepard Fairey (is that a great name or what?) was confessedly based on a photograph by freelance photographer Mannie Garcia.  The AP is claiming that the poster violates their copyright in the photo.

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Prosecutions delayed

February 5, 2009

On Wednesday, the military’s highest court on war crimes prosecutions gave the Obama Administration a requested 120-day delay of a pending case to allow a new study of the fate of prisoners at Guantanamo Bay.

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Equal Pay for Women: The First Step

January 30, 2009

Yesterday, President Obama signed his first legislative action, endorsing the Fair Pay Act intended to give workers more time to sue in court for pay discrimination based on sex or race.  The new law passed by Congress, the “Lilly Ledbetter Fair Pay Act” reverses the Supreme Court decision in Ledbetter v. Goodyear which held that [...]

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A Proposed First Amendment Challenge to Proposition 8

November 16, 2008

     On November 4 California voters adopted Proposition 8, an amendment to their state constitution which simply states, "Only marriage between a man and a woman is valid or recognized in California."  Opponents of the measure contend that it was adopted in an unconstitutional manner because the California Constitution provides that while "amendments" to the [...]

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