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.

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.

The New York Times describes Brian S. Brown as "the nation's leading opponent of same-sex marriage," who is spreading his message around the world.

As President Obama prepares for his State of the Union address, there are some critical issues he must confront not only using the bully pulpit of the world's stage, but also through concrete policy development during his second term .

In a democracy the majority wins. At the dawn of the Republic, John Adams warned about "the tyranny of the majority."

The conservative majority on the Roberts Court is weaponizing Brown vs. Board of Education to attack the very civil rights statutes that are essential for moving the 14th Amendment's guarantee of equal protection toward fruition.

WASHINGTON -- Gay people have the political power to sway Congress to combat discrimination against them, so there's no need for a court to overturn t...

Is the government's interest in treating gays differently from others sufficiently weighty to justify discrimination? When tested by that standard, the Defense of Marriage Act does not pass the test.

Justice Antonin Scalia is set to provide Constitutional lessons at an event organized by Rep. Michele Bachmann. Let's hope the audience also hears from those who respect the constitutional rights of women.

California Lawyer this week did report On Justice Scalia of the Supreme Court His shocking views on equal protection Make one wish his was a tenure su...

Justice Antonin Scalia says the's 14th Amendment doesn't protect women against sex discrimination. Is nostalgia to blame for this inflexible, incorrect view?

WASHINGTON -- The equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gende...

The cliché that unmarried fathers never have meaningful relationships with their children has never been true, and today in 2010, it's less accurate than ever.

Supreme Court Justice Antonin Scalia is famous for being a stickler about the words of the Constitution, but he tends to apply this approach selectively, or not at all, when it comes to the 14th Amendment.

The LGBT community has always marched towards equality in small, incremental steps. Today, though, bold gestures seem to be winning the struggle.

ATLANTA (AP)-- A federal judge has ruled in favor of a former Georgia state legislative aide who claimed she was fired after telling her boss she woul...

Unfortunately, history does not support Obama's optimism that Elena Kagan is a disciple of Thurgood Marshall.