Lynn v. Sekulow
December 2008 Archives

Well, Jay, I think your”victory” in the Illinoispharmacy case may be short-lived. First, on the merits, it seems unlikelythat the courts will create some new “right” to allow licensedprofessionals to “opt out” of any practice they find religiouslyobjectionable.  Second, to […]

It’s been a busy time for Illinois Governor Blagojevich at the Illinois Supreme Court.  Last week, the state’s highest court refused to hear a case involving a challenge to the Governor’s fitness to remain in office as he battles corruption […]

Well, Jay, Americans United won a very significant victory late last week in a case in South Carolina involving license plates.  U.S. District Court Judge Cameron McGowan Currie granted a preliminary injunction against the state continuing to market or actually […]

Barry, the First Amendment does not require the government to strip the public arena of references to holidays that the vast majority of Americans observe.   In the Rhode Island case you referred to, the Supreme Court noted that “[i]t […]

In my view, there is an inherent flaw in all of these religious holiday display cases ever since the Supreme Court allowed the city of Pawtucket, Rhode Island to put up as part of its “official” display a Nativity scene […]

Barry, we should not expand federal or state reporting requirements for churches that support or oppose legislation/ initiatives, just as we should not continue the gag rule on political speech from the pulpit.   On a different note, you’ve probably […]

We obviously disagree fundamentally about the role of the courts in dealing with issues where fundamental rights (like marriage and equal protection) are at stake.  The “will” of the voters does not trump such rights and the courts exist to […]

Barry, contested issues of public policy, such as the definition of marriage, should be settled at the ballot box, not through violence or the actions of activist judges. It is unfortunate that you would try to link the defense of […]

 I have been in the San Francisco area for several days.  My trip coincided with the thirtieth anniversary of the assassination of Harvey Milk.  The atmosphere would have been somber simply about that, but it was poisoned even more by […]