Loving v. Virginia

-Submitted by David Drumm (Nal), Guest Blogger Loving v. Virginia (1967) was a case decided by a unanimous Supreme Court that invalidated all laws that prohibited inter-racial marriages. At the time, Virginia was one of 16 states that had statutes that prohibited and punished inter-racial marriages. Considering recent oral arguments regarding California’s Proposition 8 and … Continue reading Loving v. Virginia

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to … Continue reading Don’t Mess with Texas’ Executions

Chico’s Is Not For Gay Chicos: Two Men Allegedly Threatened With Arrest for Kissing in Texas

Gay Rights activists are protesting the handling of a dispute at a Chico’s Tacos restaurant in El Paso, Texas. When two gay men kissed, the group of five gay men were reportedly told by guards to leave because the restaurant did not approve of “the faggot stuff.” An El Paso police officer later allegedly told … Continue reading Chico’s Is Not For Gay Chicos: Two Men Allegedly Threatened With Arrest for Kissing in Texas

Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys

It is doubtful that the Fifth Circuit timed the opinion to coincide with Valentine’s Day, but the court has issued a very interesting opinion striking down a Texas law prohibiting the promotion and sale of sex toys. It represents an extension of the precedent in Lawrence v. Texas, striking down a criminal prohibition on homosexual … Continue reading Fifth Circuit Strikes Down Texas Prohibition on Promotion and Sale of Sex Toys

Justice Kennedy and How Success Is Just Showing Up . . . And Knowing When To Leave

  There are various reports confirming that Justice Anthony Kennedy has told staff that he is seriously thinking of resigning and has notably not selected clerks for the October 2018 term. That raises some intriguing issues, including how such a vacancy would play in the midterm elections when there are 33 seats up for grabs … Continue reading Justice Kennedy and How Success Is Just Showing Up . . . And Knowing When To Leave

The Supreme Salient: Decades Of Static Ideological Lines On The Court Could Vaporize With A Kennedy Replacement

Below is my column in the Hill Newspaper on the implications of a rumored retirement by Justice Anthony Kennedy.  If nothing else, it allowed me to discuss the anniversary of the Ypres Salient explosion in World War I — the mining of the German line with massive bombs.  While we often discuss how a nominee … Continue reading The Supreme Salient: Decades Of Static Ideological Lines On The Court Could Vaporize With A Kennedy Replacement

English Government Seeks Passage of “Alan Turing Law” To Posthumously Pardon Thousands of Homosexuals Prosecuted For Their Sexual Orientation

The English government has taken steps to address a long-standing injustice common to both Great Britain and the United States: the conviction of thousands of citizens for being homosexuals. The new law of posthumous pardons is appropriately named the “Alan Turing law” after the genius who helped break the German code in World War II … Continue reading English Government Seeks Passage of “Alan Turing Law” To Posthumously Pardon Thousands of Homosexuals Prosecuted For Their Sexual Orientation

Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling

I am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. … Continue reading Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling

A Moral Victory: The Sister Wives Case And The Rejection of State Morality Codes

Below is my column in the Washington Post (Sunday) on our recent victory in the Sister Wives case. The column looks at the most significant aspect of the case — the rejection of morality codes that once controlled across the country in prohibiting everything from homosexuality to adultery to fornication. These morality laws were upheld … Continue reading A Moral Victory: The Sister Wives Case And The Rejection of State Morality Codes

Federal Court Strikes Down Criminalization of Polygamy In Utah

It is with a great pleasure this evening to announce that decision of United States District Court judge Clarke Waddoups striking down key portions of the Utah polygamy law as unconstitutional. The Brown family and counsel have spent years in both the criminal phase of this case and then our challenge to the law itself … Continue reading Federal Court Strikes Down Criminalization of Polygamy In Utah

Former Kansas AG and Current Liberty University Law Professor Indefinitely Suspended From Practice Of Law

Former Kansas Attorney General and current Liberty University law professor Phill Kline is now indefinitely suspended from the practice of law due to his investigation of abortion clinics run by the late George Tiller and by Planned Parenthood. Tiller was murdered in 2009 while attending church in Wichita with his wife. While opting not to … Continue reading Former Kansas AG and Current Liberty University Law Professor Indefinitely Suspended From Practice Of Law

Call Me Queer

Submitted By: Mike Spindell, Guest Blogger As you know part of my contribution as a guest blogger has been the fact that I write much from personal experience. This particular blog is one that I’ve thought about for awhile and have had some trepidation in writing because as you will see it touches on a … Continue reading Call Me Queer

Former Alabama High School Teacher Avoids Criminal Charges By Marrying Former Student

Kimberly Dawn Bynum, 31, has found not just love but a criminal defense according to her lawyers. Bynum was facing charges of having a sexual relations with a former student from November 2011. The student was 17 at the time. However, her counsel recently told the court that she had married the student and was … Continue reading Former Alabama High School Teacher Avoids Criminal Charges By Marrying Former Student

The Absurd Reduction: Scalia Reaffirms Comparison of Homosexuality To Bestiality

U.S. Supreme Court Justice Antonin Scalia was at it again yesterday. I have previously criticized Scalia’s apparent insatiable appetite for public notoriety, including violating judicial ethical rules by discussing issues in pending cases. He is the very model of the new celebrity justice that I have criticized in past columns (here and here and here). … Continue reading The Absurd Reduction: Scalia Reaffirms Comparison of Homosexuality To Bestiality