March 2013

Supreme Court Hears Arguments on Defense of Marriage Act: Is Federal Government in the Marriage Business?

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One of the more interesting aspects of the gay marriage debate that the arguments of the last two days have highlighted is how different the discussion of marriage is from the religious to the legal realm. Religion was not mentioned one time over the course of the two days and neither should it have been. The issues of the extension of civil marriage are not issues of theology or spirituality (and they still won’t be if same-sex marriage became legal nationwide tomorrow).

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Outcome Unpredictable but Prop 8 Supporters Had Tough Day in S. Court

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By Jason Hines – Today was a landmark day for the Supreme Court, as it heard arguments on the constitutionality of Proposition 8. I have written about this case at every level (on the state level and at the 9th Cir.) so it only seems right that I talk about the arguments that took place earlier today. However, it doesn’t make sense to give a straight up and down summary or even a major analysis (there are plenty of people who did a good job of that, including this article by Adam Serwer), but there are some things that I want to highlight. Some will be important, some won’t, but these are the things that came to mind as I listened to the oral arguments –

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ANALYSIS: Supremes Hear California Marriage Case – Prop 8 Advocate Argues It’s All About Procreation

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Once again making the same tactical mistakes that were made in the lower courts, the Proposition 8 advocate failed to make an argument that would pass the muster of the “rational basis” test required before rights can be denied, and lost any ability to frame the debate.

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(UPDATE) Kentucky Governor Vetoes Religious Freedom Bill; Legislature Overturns Veto

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On Friday, March 22, Kentucky Governor Steve Beshear (D) vetoed a religious freedom Bill (HB 279) claiming that the bill would “cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights.” The legislature is expected to override the veto.

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Kentucky Legislature Passes Religious Freedom Restoration Measure

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In response to a state Supreme Court decision upholding incarceration of an Amish group for refusing for religious reasons to install orange triangles on their buggies, the Kentucky Legislature has, by a veto proof margin, passed a measure (HB 279) which is designed to prevent the government from substantially burdening an individual’s freedom of religion.

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