Yes, Jeffrey Singer, the Bill of Rights Does Apply to Non-Citizens


Jeffrey Singer, our resident conservative in the comment section, clearly knows nothing about constitutional law. In the comments on the post about the armed wingnuts protesting outside of mosques around the country, he repeatedly made the same ignorant claim about the Bill of Rights applying only to citizens, even going so far as to say that no legal scholar would ever say that it applied to anyone else. A few snippets of his statements: … [Read more...]

Wait, Texas Was Still Banning Flag Desecration?


Someone sent me a link to this article and I was a bit confused. The state of Texas tried to prosecute someone for desecrating an American flag for throwing it to the ground, but a state appeals court overturned that conviction because the law he was charged with violating is a violation of the First Amendment. How is this still an issue? The Supreme Court ruled on this more than 25 years ago. … [Read more...]

Alabama Sup. Court Justice Wants to Defy SCOTUS


An Alabama Supreme Court Justice is calling for state supreme courts to openly defy the U.S. Supreme Court's ruling in Obergefell, and it isn't Chief Justice Roy Moore this time, it's Justice Tom Parker. Parker used to be one of Moore's aides and is nearly as reactionary as him, so this is hardly a surprise. Bryan Fischer had him on his show to spout his nullificationist views. … [Read more...]

More of That Worldnetdaily Spin


The headline at the Worldnetdaily reads: "Hard habit to break: Obama in new siege on 'Little Sisters' nuns." A new siege? Oh no! What is Obama doing now? Well, nothing actually. The "new siege" is actually the Little Sisters of the Poor appealing their lawsuit over the exemption from the contraception mandate of the ACA, which they've lost at every stage, to the Supreme Court. … [Read more...]

Another Texas School Violates the First Amendment

Church and State

Another day, another school administration that has no idea that there are limits on their authority to proselytize their students for Christianity (or who do know and don't care, since they've been getting away with it for so long because no one has previously complained). The Freedom From Religion Foundation has gotten involved after a school principal preached to students at a See You At the Pole event, among other violations. … [Read more...]

The Other Clerks Who Refuse to Issue Same-Sex Marriage Licenses


Rowan County Clerk Kim Davis is not the only one in Kentucky who is refusing to issue marriage licenses to same-sex couples, there are two others who are doing the same. So why aren't they being forced to do so? Because either no one has applied for such a license in those counties or no one has bothered to file a lawsuit over it. Neither are parties to the suits filed against Kim Davis at this point either. … [Read more...]

Carson Would Consider Religion as Probable Cause

Credit: Michael Vadon

It's already become unbelievably obvious that Ben Carson knows nothing whatsoever about the Constitution, nor does he care a bit whether it is violated or not (except when he's ranting about others violating, nearly always when they aren't). But James Madison must be spinning in his grave after Carson told one of the Sunday talk shows that he'd be willing to consider the idea that one's religion be probable cause for 4th Amendment purposes. … [Read more...]

Huckabee: America Can’t Survive if We Defy God


At something called the Calling America Back to God Rally in South Carolina recently, Mike Huckabee railed, as he always does, against the Supreme Court's ruling in the same-sex marriage case. And as always with the Christian right, he made an argument so broad that it disproves itself when he said that America cannot survive if we "defy any standard that God has given to us." … [Read more...]

Scalia Says Something Dumb. Film at 11.


The new Supreme Court term begins, as always, on the first Monday in October, but Justice Scalia seems to still be angry about last term. That's not surprising, since anger seems to be his thing these days and he was on the losing end of most of the big cases. He's especially still upset about the same-sex marriage case, but as usual he's making arguments against it that are nothing more than special pleading. … [Read more...]

More Blending of Christianity and Football in Public Schools

Church and State

As I've noted many times, groups like the Fellowship of Christian Athletes and Athletes in Action are frequently given access to high school athletes by coaches who think their job is not just to teach the sport but to proselytize for Christianity. Bo Gardiner, a humanist activist in Virginia, documents this happening at many schools in that state, which has drawn the attention of the Freedom From Religion Foundation. … [Read more...]

Davis Loses Another Court Motion


Kim Davis and Liberty Counsel have lost another round in court, this time over an emergency motion to suspend Judge David Bunning's expanded injunction requiring her to issue marriage licenses to all eligible couples who apply for one in Rowan County. I know it seems like that was already settled, but let me explain why this motion was filed and what specifically led to their motion in the first place. … [Read more...]

We Now Have a Circuit Split on the Secondary Accommodation


Religious non-profits are given an exemption from the contraception mandate, but dozens of them have gone to court to argue that this is not good enough, that even with the exemption it's a violation of their religious liberty. So far, every appeals court that heard such a challenge has rejected it -- until last week, when the 8th Circuit Court of Appeals ruled in favor of one such organization. … [Read more...]