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gay rights

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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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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Gay Rights and Free Exercise: (6) Immunity from Civil Rights Laws

April 29, 2009

     It has been awhile since my last posting on this subject in which I promised "tomorrow" to explain how the Free Exercise Clause and the right of expressive association protect religious organizations that are opposed to homosexuality.  We got sidetracked when the torture memos were released – for those of you who wish to continue [...]

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Gay Rights and the Free Exercise Clause: (3) Civil Rights Laws Generally

April 8, 2009

     When the United States Supreme Court or the supreme court of any state rules that gays and lesbians are entitled to certain rights this cannot possibly infringe upon the Free Exercise rights of any individual.  However, when the government adopts civil rights legislation protecting gays and lesbians from discrimination this may, under some circumstances, [...]

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Gay Rights and the Free Exercise Clause: (2) State Action Doctrine

April 4, 2009

     Some religious conservatives contend that the recognition of equal rights for gays and lesbians violates their right to the free exercise of religion.  They claim that because they believe that homosexuality is a sin, that they therefore have the right to enact laws that make it a crime, or at least that they have [...]

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Gay Rights and the Free Exercise Clause: (1) General Overview

April 1, 2009

     On Monday the law school hosted a debate between Professor George W. Dent of Case Western Reserve University and me on the question of whether the recognition of gay rights violates the rights of religious conservatives to freedom of religion.  Professor Dent and I intend to submit our remarks to the new online journal [...]

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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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The Supreme Court at the Tipping Point: Gay Rights

July 28, 2008

     Gay rights cases may be arranged in four categories that fall along a spectrum according to the level of hardship that the law imposes. The most serious cases involve criminal laws or legal disabilities that are imposed upon gays and lesbians; less serious, but no less significant, are laws that deny equal benefits to [...]

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