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From the category archives:

Civil Rights

House Briefs Against Same-Sex Marriage (2): Brief in Opposition to Motion for Summary Judgment

August 5, 2011

As reported in yesterday's post, the House of Representatives has filed briefs in the case of Windsor v. United States in federal district court in New York.  Yesterday's post described the House's Answers to Interrogatories.   Today's post summarizes the House's Brief in Opposition to Plaintiff's Motion for Summary Judgment.

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House Briefs Against Same-Sex Marriage (1): Answers to Interrogatories

August 4, 2011

On August 1, 2011, lawyers for the House of Representatives filed briefs in support of the constitutionality of the federal Defense of Marriage Act.  Adam Bink at Prop 8 Trial Tracker has posted both briefs: one is a Response to Interrogatories and the other is a Brief in Opposition to Plaintiff's Motion for Summary Judgment.  [...]

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Attorney General Letter on DOMA

February 25, 2011

Attorney General Eric Holder has sent a letter notifying Congress that the administration now believes that Section 3 of the federal Defense of Marriage Act – the law that prohibits the federal government from recognizing same-sex marriages – is unconstitutional.

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Supreme Court Refuses Appeal in D.C. Same-Sex Marriage Case

January 18, 2011

     Earlier today the Supreme Court turned down an appeal by persons seeking overturn the District of Columbia laws recognizing same-sex marriage.

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DADT Faces Repeal; Analogy to Slave Marriages; Focus Will Turn to DOMA

November 19, 2010

     At a press conference yesterday, Senatory Joe Lieberman (I-CT) indicated that there are 60 votes in the Senate to repeal Don't Ask, Don't Tell, the federal law that bars gays and lesbians from serving openly in the military.  There are also preliminary reports indicating that the military study due December 1 will recommend repeal.

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New decision on state funding of religious student groups

September 3, 2010

In my Law and Theology seminar, the students (and I) are authoring a course blog. My latest entry is about a recent decision in the 7th Circuit on the funding of student worship and proselytizing activities by the University of Wisconsin. Check it out here.

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Conditional Repeal of Don't Ask, Don't Tell Passes House and Senate Armed Services Committee

May 28, 2010

     The House voted 234-194 and the Senate Armed Service Committee voted 16-12 to repeal Don't Ask, Don't Tell if a military study concludes that allowing gays and lesbians to serve openly in the military will not harm the effectiveness of the armed services.

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Libertarianism: (Part 3) Negative Liberty and Positive Liberty in the Constitution

May 25, 2010

     In his masterful book Abraham Lincoln and the Second American Revolution James M. McPherson draws the distinction between "negative liberty" and "positive liberty."  Negative liberty is the right to be free from laws regulating our conduct.  Positive liberty is the enactment of laws protecting our rights.  Libertarians in general and Republican senatorial nominee Rand Paul [...]

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Rand Paul Opposes Civil Rights Laws Prohibiting Acts of Racial Discrimination by Private Businesses

May 20, 2010

     In a number of recent interviews Kentucky Republican senatorial candidate Rand Paul has made it clear that he is opposed to laws that prohibit private businesses from discriminating on the basis of race.  He believes that individuals and privately-owned businesses should have a legal right to discriminate.

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President Obama Orders Hospital Visitation for Gay, Lesbian Families

April 16, 2010

     Last night President Obama issued a statement requesting the Secretary of Health and Human Services to promulgate rules ordering hospitals to grant equal visitation rights to the partners and children of gay and lesbian patients.

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"Orientals"

March 30, 2010

Well, I got involved in a little brou-ha-ha over on Bob Dyer's column, and I thought I would bring it up over here. The issue is that the sports teams for Akron's East High School have traditionally been called "the Orientals." Born and raised in California, I have always considered that term somewhat offensive, so [...]

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Slavery, Vigilante Violence, and Democracy

March 25, 2010

     The violent threats and rhetoric in reaction to the enactment of the health care reform bill are nothing new.  It is a familiar response by those who think they ought to have their way no matter the results of elections or votes in Congress.  It is, at bottom, a rejection of democracy.  Over time, however, [...]

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