Have you ever wondered what legal mechanism existed that permitted the legalization of slavery in the United States after the Bill of Rights was ratified in 1791? How it was that men, women, and children were held in bondage after Francis Scott Key wrote the famous words, “land of the free, and the home of the brave” in 1812? How segregation persisted in law until the late 1960s?
Category: Civil Rights
Attack on Independent Judiciary Likely to Intensify Following Davis’ Release
Even though the Court has granted accommodation requested by Rowan County Clerk Kim Davis, eliminating an independent judiciary is the real target.
Free Exercise After Obergefell: Warnings from the Dissent
Statements of Justices Roberts, Thomas, and Alito on free exercise of religion in light of the same-sex marriage decision.
BREAKING NEWS: Supreme Court Decision a Victory for Religious Accommodation
The Supreme Court ruled that a prospective employer’s perceived need to accommodate religious beliefs as a “motivating factor” not to hire violates Title VII.
Understanding RFRA: Is Religious Freedom the New Bigotry?
By Nicholas Miller – Is supporting religious freedom an act of bigotry? This question is seriously being asked in the wake of the recent media eruptions surrounding the Religious Freedom Restoration Act (RFRA) bills passed in Indiana and Arkansas. The firestorm surrounding these bills has brought the tension between religious freedom and gay rights to a new level of public scrutiny and focus.
Understanding RFRA: Does Indiana’s New Law Allow Businesses to Discriminate?
By Jason Hines – This week, Governor Mike Pence held a press conference in order to clarify the Indiana Religious Freedom Restoration Act that has received so much criticism lately.
Idaho: Northwest Religious Liberty Association Calls for Conscience Exemption to Anti-Discrimination Legislation
This week, in four days of testimony, the Idaho House State Affairs Committee has been considering House Bill 2 (HB2), that would add anti-discrimination protections for Idahoans based on sexual orientation and gender identity. Advocates have been promoting the “Add the Words” bill for nine years and this is the first year that the Legislature has held hearings.
Supreme Court Plans to Make National Decision on Same-Sex Marriage – What it Means
By Jason Hines, PhD – The Court will answer two questions. First, ?does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?? Second, ?does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?? These questions create three possible outcomes.
Unsettled and Inconsistent Law: Fetal Rights and Personhood
The legal status of the unborn child is not as clear as most people think. There are glaring inconsistencies in the way that the law is practiced, even in states with liberal abortion policies. For instance, if a person kills a fetus in California without the consent of the pregnant woman or for medical necessity it is considered murder under Penal Code section 187. This is why Scott Peterson was convicted for double-homicide when he killed his pregnant wife, Laci, in 2002. This January in Florida, John Andrew Weldon was sentenced to 14 years in federal prison when he tricked his pregnant girlfriend into taking abortion-causing drugs, leading to the miscarriage of her 6-week-old fetus.
Should ministers at for-profit wedding chapels be compelled to perform same-sex ceremonies?
Two ordained ministers, Donald and Evelyn Knapp, who operate a for-profit wedding chapel in Coeur d’Alene, Idaho were threatened with a misdemeanor charge for refusing to perform same-sex marriage ceremonies. The Knapps responded by filing a lawsuit and a motion for a temporary restraining order against the city in the U.S. District Court for the District of Idaho.