Supreme Court

Analysis: Obama Administration Declines to Defend Part of the Defense of Marriage Act

Today Attorney General Eric Holder and the Obama Administration announced that the Justice Department will no longer attempt to defend Section 3 of the Defense of Marriage Act (DOMA) (which defines “marriage” as between one man and one woman and “spouse” as a member of the opposite sex) from challenges in states that recognize gay marriage.

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Michael Newdow – Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics?

Dr. Michael Newdow, an attorney and physician famous for his litigation on church-state issues from an atheist perspective, and and previous article contributor to ReligiousLiberty.TV, has now published an important law review article for the Capital University Law Review that discusses the

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PRECEDENT – A century ago religious groups tried to change the California Constitution to enact a religious law

J.O. Corliss – Liberty Magazine – 1908 – “California is the only State in the American Union without a Sunday law. From 1858 to 1883 a Sunday-rest statute in that State was made so annoying to many of its citizens that it became an object of political contention. The supposed dominant party, through church affiliations, inserted a plank in its platform, pledging itself to maintain the Sunday law for the betterment of the laboring class. The other party went to the polls, on a pledge to repeal the existing statute requiring Sunday rest, on the ground of its hostility to religious rights.”

The result was a political upheaval in favor of repealing all Sunday laws in the State of California. About the same time the State supreme court handed down a decision in the case of ex parte Newman, declaring a Sunday law unconstitutional. Since then three attempts have been made by the churches to have the legislature re-enact a Sunday-law statute. These advances have been coldly met, on the ground that any such statute could have no force in the face of the constitutional limitation.

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