Court Rules That Oklahoma’s Anti-Islamic Amendment Is Probably Unconstitutional

On Tuesday, the Tenth Circuit Court of Appeals confirmed the likely unconstitutionality (PDF) of a proposed amendment to the Oklahoma constitution. The proposed amendment, called — I kid you not — the “Save Our State” Amendment, commands that courts “shall not look to the precepts of other nations or cultures” and would have prohibited judges from [Read More…]

Court Rules That Judges Cannot Order Religious Divorces

As explained by Eugene Volokh, a recent case out of New Jersey has found judicial orders requiring a husband to provide his wife with a “Jewish divorce” (called a get) are unconstitutional. From what I understand, if a Jewish woman is not given a get by her husband, then she is still considered married in [Read More…]

Public Elementary School in North Carolina Offers Bibles to Kids

Ginger Strivelli, a parent in North Carolina, got in touch with her local chapter of the ACLU after her fifth-grade son came home from his public school with a copy of the Bible without her prior knowledge or consent. The school denies any wrong-doing, noting the box of Bibles was dropped off by the Gideons, [Read More…]

Two Homophobic Students; Two Different Outcomes

In recent days, I’ve heard stories about two different students, both expressing anti-gay sentiments in a school setting and both being penalized for that expression.  They each filed suit after their respective penalties were imposed, so they should each get the same result, right?  I don’t think so. First: Jennifer Keeton was a graduate student [Read More…]

Veiled Testimony: Is It Fair If You Can’t See Your Accuser’s Face In Court?

  I have an affinity for cases in which the Establishment Clause of the First Amendment bumps up against some other law, especially some other fundamental right, such as Freedom of Speech. Here is a compelling example of just that kind of case coming out of Canada: Are the rights of the accused violated if [Read More…]