Today the Supremes take up gay marriage

Today the Supreme Court will hear oral arguments on whether state laws defining marriage as being between a man and a woman are unconstitutional.  Joseph Backholm, of the Family Policy Institute of Washington, has an interesting take on the arguments that the constitution mandates gay marriage. [Read more...]

Supremes hear case on Obamacare language

The Supreme Court heard arguments yesterday on the most serious legal challenge to Obamacare so far.  At issue in King v. Burwell is whether the language in the Affordable Care Act that provides for federal subsidies for health insurance policies purchased in exchanges “established by the state” applies also to the policies purchased in the 34 states that refused to establish exchanges.

The clumsily written and largely unvetted law and the way it is being applied poses other questions for the court:  Does a law mean what it says, or what it surely must mean?  Do the words in a law mean what was originally intended (there is evidence that the writers of the law actually intended the provision to apply to state exchanges only in order to coerce states to establish them) or what the bureaucracy wants it to mean? [Read more...]

Supreme Court will settle gay marriage

The Supreme Court has agreed to hear a case that will, in effect, decide if the Constitution requires all states to have gay marriage. [Read more...]

Supreme Court takes up Facebook threats

Does this message from an estranged husband to his wife after she filed a restraining order against him sound like a threat to you?

“Fold up your PFA [protection-from-abuse order] and put it in your pocket.  Is it thick enough to stop a bullet?”

Does it matter that it was posted on his Facebook page?  The poster is claiming that rants posted on social media should not be taken seriously and should have free speech protection.  The poster argues that his violent fantasies about killing his wife are no different from what his hero, Eminem, raps about and so deserve protection as artistic expressions.

The Supreme Court has taken up the case.  Oral arguments begin December 1.  What do you think about this?

[Read more...]

The Supreme Court won’t rule on gay marriage

The Supreme Court has refused to hear gay marriage cases.  That means that the lower court rulings legalizing same sex marriage (in Virginia, Oklahoma, Utah, Wisconsin, and Indiana) will stand.  Not only that, since these were circuit court rulings, the other states in the circuits must also abide by the lower court rulings. That legalizes gay marriage in North Carolina, West Virginia, South Carolina, Wyoming, Kansas and Colorado.  Then again, the lower court ruling that upheld Louisiana’s law against same-sex marriage also stands.

So opponents of gay marriage are not pleased by the Supreme Court’s ducking of the issue, but neither are supporters, who had hoped that the court would legalize gay marriage nationwide. [Read more...]

Hobby Lobby hysteria

Critics of the Supreme Court’s ruling that the Obamacare contraceptive mandate must include exemptions for business owners whose religion does not permit them to purchase birth control pills and possible abortifacients are howling with indignation.  Women are going to be prevented from having access to birth control!  The ruling will result in more unwanted pregnancies and thus more abortions!

But the ruling itself simply makes the remedy already given to churches and religious organizations available to religious individuals who own businesses.  Those who claim the religious exemption will not have to pay for contraceptive coverage in the insurance plans they make available to their employees.  But the insurance companies will have to provide a separate policy that does so at no extra charge to the employees.  Thus, as the court said, all women will still get free birth control.  Even the employees of Hobby Lobby. [Read more...]


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