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News outlets have noted a high probability that Perry v. Schwarzenegger will eventually become a “landmark” civil rights decision on par with Brown v. Board (1954) and Roe v. Wade (1973), consistent with Boies’s and Olson’s ultimate vision. ?...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

The bipartisan duo is exactly right. Based on previous rulings by the Supreme Court, Prop 8 violates the Constitution’s guarantee that a state cannot “deny to any person within its jurisdiction the equal protection of the laws.” But even more strikingly...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

In a unanimous decision, the U.S. Supreme Court obliterated their reasoning. Violation of the Equal Protection Clause, wrote Chief Justice Earl Warren, is related to “arbitrary and invidious discrimination,” regardless of the fairness with which punishments are distributed. Since marriage is one of the...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

Unless the court can find a viable reason to distinguish between interracial marriage and gay marriage, they must therefore conclude that Prop 8 is an unconstitutional as the Racial Integrity Act of 1924. If they fail, they will be tossing into the dustbin the reasoning that the Supreme Court used...

Author: By Avishai D. Don | Title: Indecent Proposal | 2/10/2010 | See Source »

Harvard psychology professor Marc D. Hauser, who co-authored the study, argues that from an evolutionary perspective, cognitive mechanisms involved in moral decision-making precede organized religion.

Author: By Adam T. Horn, CONTRIBUTING WRITER | Title: Professor Rethinks Origins of Religion | 2/10/2010 | See Source »

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