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gay rights

Major Corporations, Law Firms, Civic Organizations, and Cities File Brief Opposing DOMA

November 10, 2011

A group of 70 business, legal, community, and municipal institutions have filed an amicus brief in the Gill case in opposition to the federal Defense of Marriage Act.

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Question of Law or Question of Fact: Edie Windsor's Motion to Strike and the Flowering of Empiricism

September 4, 2011

In 1911 Roscoe Pound published The Scope and Purpose of Sociological Jurisprudence (which may be found in two parts at pages 140 and 489 of Volume 25 of the Harvard Law Review).  A century later a consequence of Pound's legal philosophy is that the lines between "questions of law" and "questions of fact" are becoming ever […]

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A Constitutional Analysis of "Pastoral Care of Homosexual Persons" (1986)

July 15, 2011

On October 1, 1986 – three months and a day after the United States Supreme Court handed down its decision in Bowers v. Hardwick upholding a Georgia law making homosexuality a crime – the Congregation for the Doctrine of the Faith issued Pastoral Care of Homosexual Persons instructing Catholic bishops how to respond to homosexuality.  […]

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Health Care Financing Reform (128): Reaction Across the Political Spectrum to Mitt Romney's Speech

May 13, 2011

Mitt Romney, a leading candidate for the Republican presidential nomination, delivered a major address on health care yesterday.  This post contains links to reactions to his speech from both left and right.

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A Response to Rick Santorum: The Right of Free Exercise Is Not Equivalent to the Right to Discriminate in the Performance of Public Functions

March 8, 2011

On March 4 former Pennsylvania Senator and possible Presidential candidate Rick Santorum published a guest editorial in the Des Moines Register entitled Forefathers Fought for Religious Freedom.  Santorum confuses the right to free exercise of religion with the right to discriminate. 

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Degrees of Hate Speech: A Response to Dr. Matthew J. Franck

December 25, 2010

     On December 17, the Washington Post published an editorial by Matthew J. Franck, Director of the Simon Center on Religion and the Constitution, entitled In the gay marriage debate, stop playing the hate card.  Dr. Franck's essay makes a good point.  However, his essay is slanted because it contains a number of material omissions.  Dr. Franck also fails to […]

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The Larger Meaning of the Gay Rights Movement

December 18, 2010

     Today may be the day that Don't Ask, Don't Tell is repealed – a substantial victory for the gay rights movement.  Why is this important?

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Federal Judge Strikes Down DADT Worldwide / Administration Appeals DOMA Ruling

October 14, 2010

     Judge Virginia Phillips of the Central District of California has issued an injunction prohibiting the United States from enforcing "Don't Ask, Don't Tell" anywhere in the world.

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Federal District Court Rules DOMA Unconstitutional

July 8, 2010

     Judge Joseph L. Tauro, of the Federal District Court of Massachusetts, has declared that the federal Defense of Marriage Act is unconstitutional under the Equal Protection Clause of the Constitution.

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President Obama Extends Benefits to Same-Sex Partners of Federal Employees

June 3, 2010

     The Washington Post reports today that the President has extended employment benefits to the same-sex partners of federal employees.

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Elena Kagan, the Solomon Amendment, and "Don't Ask, Don't Tell"

May 13, 2010

     This posting discusses Supreme Court nominee Elena Kagan's statements and actions with respect to employment interviews for the military at Harvard Law School.

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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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