iOS app Android app

Equal Protection

How a Court Decision Might Make Pending LGBT Legislation Obsolete

Travis Knoll | Posted 12.27.2015 | Politics
Travis Knoll

On December 15, U.S. Federal Judge Dean Pregerson ruled that the line between gender and sexual orientation discrimination "does not exist." The ruling, addressing discrimination against a pair of lesbian basketball players at Pepperdine University, has the potential to put sexual orientation under the umbrella of established civil rights laws.

Justice Scalia, Affirmative Action and the Perils of Oral Argument

Geoffrey R. Stone | Posted 12.15.2015 | Politics
Geoffrey R. Stone

Although I often disagree with Justice Scalia, and although I emphatically disagree with him about the constitutionality of affirmative action, the outrage and condemnation sparked by this comment is completely unwarranted.

Here's What You Missed At The Big, Crazy Affirmative Action Hearing

The Huffington Post | Cristian Farias | Posted 12.10.2015 | Politics

WASHINGTON -- The U.S. Supreme Court on Wednesday heard nearly 90 minutes of oral arguments in a case that could permanently curtail the role of diver...

Antonin Scalia Thinks Black Students Aren't As Smart As Other Students

The Huffington Post | Cristian Farias | Posted 12.09.2015 | Politics

WASHINGTON -- Do black students matter to Justice Antonin Scalia? During oral arguments on Wednesday in Fisher v. University of Texas, a contentious a...

Chief Justice Wants To Know Exactly When Affirmative Action Can Die

The Huffington Post | Cristian Farias | Posted 12.10.2015 | Politics

WASHINGTON -- The U.S. Supreme Court split bitterly on the issue of affirmative action in public universities on Wednesday, casting doubt on whether c...

Supreme Court Faces 'Arsenal Of Smoking Guns' In Case Of Racism In Jury Selection

The Huffington Post | Cristian Farias | Posted 11.02.2015 | Politics

WASHINGTON -- A high-profile case that could redefine how lower courts grapple with racial discrimination in jury selection may not be the slam-dunk a...

Racism Is Rampant In Jury Selection. The Supreme Court Can't Fix It.

The Huffington Post | Cristian Farias | Posted 11.01.2015 | Politics

Timothy Foster has spent almost 30 years on Georgia's death row. On Monday, his lawyer will appear before the Supreme Court to fight for his life. Tha...

Ruth Bader Ginsburg Is The Queen Of The Internet. And That's Pretty Much The Law.

The Huffington Post | Cristian Farias | Posted 10.29.2015 | Politics

One of the most tired clichés in Supreme Court lore is the idea that today’s dissents are tomorrow’s majorities. It's a thing. Ruth Bader Ginsbur...

Donors and Loners -- Separate But Equal All Over Again

Cynthia Dill | Posted 10.19.2015 | Politics
Cynthia Dill

Today we segregate people by wealth. There are "donors" who enjoy outsized political influence and extremely comfortable lives dripping with opulence, and there's the rest of us -- loners in a sense -- because we are shut out of the process.

Sorry, Republicans: Ending Birthright Citizenship Violates The Constitution

The Huffington Post | Cristian Farias | Posted 08.20.2015 | Politics

Key figures in the crowded Republican field have spoken loud and clear about their desire to do away with birthright citizenship for the children of i...

The Same-Sex Marriage Decision Had Everything to Do With the Constitution

Alex Glashausser | Posted 07.08.2016 | Politics
Alex Glashausser

Chief Justice John Roberts pouted. "Celebrate," he sniffed, sounding as festive as Ebenezer Scrooge. "But do not celebrate the Constitution. It had nothing to do with it." Actually, the Constitution had everything to do with it.

The President Sings of Grace

Richard J. Rosendall | Posted 07.02.2016 | Queer Voices
Richard J. Rosendall

The marriage victory required decades of work by countless people. More work remains, from transgender and immigrant rights to police reform, employment protections, and rebuffing the false pose of victimhood by religious bullies.

Ronald McDonald and Friends Sue Seattle to Stop Minimum Wage Hike

Ron Fein | Posted 05.09.2015 | Politics
Ron Fein

Last summer, the City of Seattle passed a law that will raise the city's minimum wage to $15 per hour. But in a bizarre twist, Ronald McDonald and friends are suing the city and complaining that the new minimum wage violates a constitutional provision that was written to protect newly-freed slaves after the Civil War.

In Alabama, It's The 1960s All Over Again

Brian Joyce | Posted 02.02.2016 | Queer Voices
Brian Joyce

For the state of Alabama, or any other state, to deny gay couples the equal protection of its laws simply because they're gay is not only wrong and immoral, it's arbitrary, illegal and unconstitutional. It's as simple as that.

Cutting Holes in the Law

Richard J. Rosendall | Posted 02.02.2016 | Queer Voices
Richard J. Rosendall

"I'm sorry, but we don't serve your kind here." This overt discrimination is something that leading gay libertarians, who otherwise support marriage equality, think should be legal for wedding photographers, bakers, and other business owners to say to gay couples.

Why Democrats Lost Big in the 2014 Midterm Elections

Timothy J. Barnett | Posted 01.10.2015 | Politics
Timothy J. Barnett

Elections are moving targets. Nonetheless, absent dramatic irregularities in the election context, polls focused on high visibility races are usually robust predictive tools. Obviously, this was not the case in this year's midterm elections.

Obama: 'I Think The Equal Protection Clause Does Guarantee Same-Sex Marriage' In All States

The Huffington Post | Paige Lavender | Posted 10.20.2014 | Politics

President Barack Obama seems to have changed his tune on gay marriage, telling The New Yorker's Jeffrey Toobin he believes same-sex couples in all 50 ...

The Vergara Decision May Have a Silver Lining

Kevin Welner | Posted 08.12.2014 | Education
Kevin Welner

The decision gives real teeth to the state's Constitution, and that could be a very good thing. It's those teeth that I find fascinating, since an approach like that used by the Vergara judge could put California courts in a very different role than we have thus far seen in the U.S.

Confessions of a Former Muslim Students Association Board Member

Atif Choudhury | Posted 05.25.2014 | College
Atif Choudhury

Categorically bugging all mosques and "infiltrating" MSAs might be the quick and easy option for our government to show us that it is "doing something" to combat terror, but is it really the most optimal method for serious law enforcement?

5 Reasons You Should Care About the New Mexico Supreme Court's Gay Marriage Ruling

John Culhane | Posted 02.02.2016 | Queer Voices
John Culhane

Yesterday's decision was just the latest in a heady string of wins for the marriage equality movement. But the court's decision is worth pausing to note for a few reasons

Taking the Low Road: Ohio's Mike DeWine Fights a Couple's Final Wish

David Pepper | Posted 09.25.2013 | Politics
David Pepper

This case highlights the truly strained and hollow arguments that an Attorney General dedicated to defending discrimination has to muster in court, particularly after the Supreme Court's recent decisions

And Marriage Makes Three: A Gay Rights Trilogy Secures a Legacy

Julie A. Nice | Posted 09.02.2013 | San Francisco
Julie A. Nice

The Supreme Court's landmark ruling this week in U.S. v. Windsor invalidating Section 3 of the federal Defense of Marriage Act follows a path carefully forged by Justice Anthony Kennedy.

Affirmative Action and the Future

Geoffrey R. Stone | Posted 06.25.2013 | Politics
Geoffrey R. Stone

We encourage universities to more fully document the factual necessity of their plans and the reasons why some limited consideration of race in a holistic review process is the only practical way to achieve the diversity they think necessary to serve compelling educational interests.

Justice Scalia, "Originalism" and Homosexuality

Geoffrey R. Stone | Posted 04.17.2013 | Politics
Geoffrey R. Stone

The same reasoning that leads Justice Scalia to conclude that the Framers' ignorance of cell phones and the Internet doesn't resolve questions about "the freedom of speech" should also lead him to the Framers' ignorance about the nature of sexual orientation. If one is going to be an "originalist," at least one should be consistent about it.

We Should Not Be Satisfied Until Full Marriage Equality is Realized

Caroline Fredrickson | Posted 05.29.2013 | Politics
Caroline Fredrickson

If the high court takes the narrow route - dismissing Prop 8 on standing grounds and striking DOMA only on federalism grounds - it will mean that many lesbians and gay men will continue to be treated differently and unequally by too many states.