Ron DeSantis Wants To Edit the First Amendment
Florida’s governor claims unconstitutional powers that could be used to promote the "far-left" policies he decries.
Discrimination
ACLU Abandons First Amendment in Colorado Gay Wedding Web-Hosting Case
How do you justify government speech mandates? Apparently, you deliberately pretend that businesses have no right to control the messages they choose to present.
Steve Sanders on Full Faith and Credit and the Respect for Marriage Act
A prominent academic expert on both same-sex marriage and full faith and credit weighs in.
Federalism and the Respect for Marriage Act
Does the bipartisan act protecting same-sex marriage run afoul of constitutional federalism principles? The answer is definitely not with respect to one of its provisions, and probably not with respect to the other.
Conservatives Embrace Anti-Discrimination Principles
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
My NBC News Article on Today's Supreme Court Ruling Barring Discrimination Against Religious Schools in Maine School Choice Program
The decision is an important victory for both the principle of nondiscrimination and parents and students seeking better educational opportunities.
Ukraine and Double Standards on Refugees
Critics are right to point out that some Western nations are treating Ukrainian refugees better than those fleeing similar horrific situations elsewhere. But the right way to address the problem is to increase openness to other refugees, not exclude Ukrainians.
Justice Gorsuch Calls for Overruling the Insular Cases
In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt immigration restrictions from normal constitutional scrutiny.
Department of Education Prepares Rules Prohibiting School Discrimination Against Gay and Trans Students
It’s about a lot more than transgender girls’ participation in sports under Title IX, but expect that controversy to dominate the discussion.
30 Percent of Americans Still Oppose Same-Sex Marriage
Plus: Research says neuroscience studies are largely unreliable, Elizabeth Warren's new antitrust bill, and more...
Chris Stewart Wants February To Be 'Uncomfortable History Month'
Nearly 90 gag-order bills would ban schools from teaching the grisly particulars of American history. This activist is fighting against the censorship and for school choice.
Arizona Lawmakers Seek Religious Compromise in LGBT Antidiscrimination Bill
H.B. 2802 would expand discrimination protections but would carve out religious institutions.
Whole Foods Fight Over Black Lives Matter Masks Pits National Labor Relations Board Against Free Speech
Should Whole Foods be allowed to stop staff from wearing Black Lives Matter masks on the job?
Kenny Xu: The Growing Attacks on Asian American Excellence
The Inconvenient Minority author and head of Color Us United says it's time for the country to become truly colorblind.
John McWhorter: 'Woke Racism' Has Betrayed Black America
Forget Robin DiAngelo, Ibram X. Kendi, and The 1619 Project. Start with ending the drug war, says the Columbia University linguist.
John McWhorter: How To Defeat 'Woke Racism'
The New York Times columnist and Columbia University linguist on the "new religion" he says has "betrayed Black America."
The Justice Department Says in New Lawsuit That Uber's Wait Fees Discriminate Against the Disabled
The government argues that the company is violating the ADA by charging wait fees to disabled customers who take longer to board vehicles.
A Ruling Against Greg Abbott Suggests Federal Law May Require Schools To Mandate Masks
A federal judge concluded that the Texas governor's ban on mask mandates illegally discriminated against students with disabilities.
Supreme Court Dodges Another Religious Liberty Fight
Justices have mostly demurred on the question of whether anti-discrimination laws trump religious freedom.
20 States Sue Over Title IX Guidance on Gender Identity
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
The Biden Administration Seems To Think Every Public School Is Legally Obligated To Require That Students Wear Face Masks
The secretary of education argues that federal law makes the CDC's COVID-19 guidelines for schools mandatory.
In 'Precedent Setting' Transgender Rights Case, Court Strikes Down Hobby Lobby Bathroom Policy
Plus: The critical race theory debate, delta variant surges and vaccination rates, school mask mandates, and more...
Diversity Seminars Don't Have To Be Maoist Struggle Sessions
Chloe Valdary's Theory of Enchantment program uses Kendrick Lamar, Cheryl Strayed, and The Lion King to ease workplace racial tensions.
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Colorado Court Slaps Baker With Fine for Refusing To Make Gender Transition Cake
Plus: Georgia's voting roll purge draws media hype, Florida's drug law hypocrisy, and more...
Supreme Court Rules Philadelphia Can't Force Catholic Agency To Serve Gay Foster Parents
No justices disagreed, but Alito, Gorsuch, and Thomas object that the majority is sidestepping a debate over when laws can overrule religious beliefs.
Classes Canceled as Lawmakers Cut Boise State Budget Over Diversity Course Kerfuffle
The university abruptly shut down dozens of classes over an unfounded claim that a white student was taunted.
My "The Hill" Article About Anti-Asian Discrimination on Left and Right
The article shows how the left and right-wing versions of hostility to Asians have much in common.
Important New Lawsuit Challenges Attempted Racial Balancing at Prominent Selective Virginia Public High School
The case could set an important precedent because it addresses facially neutral attempts at racial balancing, and because the school in question is currently over 70% Asian-American, and new policy seeks to reduce that percentage.
Strip Club Ban on Unaccompanied Women Spawns LGBT Rights Controversy
Plus: House votes on $2,000 stimulus checks, another win for Brooklyn churches challenging lockdown orders, and more...
My "The Hill" Article on Similarities Between Immigration Restrictions and Racial Discrimination
Among other parallels, both restrict liberty and opportunity based on arbitrary circumstances of birth.
Supreme Court Hears Arguments Over Whether Religious Agencies Can Reject Gay Foster Parents
New Justice Amy Coney Barrett expresses concerns about wider implications of antidiscrimination policies.
Published Criticism of Lawyer Isn't Retaliation Forbidden by Disability Law
"The Court cannot punish or hold Defendants liable merely for publishing a summary of Plaintiff's disciplinary action and their commentary about that decision."
Cuyahoga County Settles Anti-Discrimination Suit Against Covenant Weddings
The settlement is subject to federal court approval.
Two Justices Really Want To Revisit Gay Marriage Ruling. Let's Not Panic, Please.
Clarence Thomas and Samuel Alito worry about the future of religious freedom. That’s not the same as a call to overturn the decision.
Georgia Gov. Brian Kemp Drops Lawsuit Against Atlanta's Mask Mandate
Plus: California Judicial Council sets expiration date for eviction moratorium, the U.S Justice Department accuses Yale of discriminating against whites and Asians, relations thaw between Israel and the UAE, and more...
Trump's Bizarre Twitter Attack on Obama-Era Fair Housing Regs Reveals an Administration at War With Itself
The president's criticism of the 2015 AFFH rule is an implicit attack on his own housing reforms.
Supreme Court Strikes Down Montana Blaine Amendment Barring State Aid to Religious Schools
The decision is an important victory against government discrimination on the basis of religion.
The British Government Forced Universities to Narrow The Gender Pay Gap. This Made It Worse.
British universities thought they'd found the formula that would roll back discrimination. Instead, the pay gap widened.
Supreme Court's LGBT Discrimination Decision Revives Interest in the Federal Equality Act
The Equality Act would significantly expand government power and it also threatens religious freedom.
Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals
The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).
