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The Same-Sex Marriage Cases

By ACLJ.org1372262403000

Earlier this morning the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act and held that the supporters of Proposition 8 in California did not have standing to defend Prop 8 in federal court. 

You can read the DOMA ruling here.

You can read the Prop 8 ruling here.

Essentially, the DOMA ruling means that the federal government must provide the same benefits to same-sex spouses as opposite-sex spouses, if the same-sex marriage has been lawfully performed.  In other words, if a gay couple is married in a state that recognizes gay marriage, then the federal government will recognize that marriage on the same basis as a traditional marriage.

The Prop 8 ruling is far more complex, but the bottom line is that it likely clears the way for same-sex marriage in California.  It does not, however, have any real implications for marriages outside of California.

Critically, neither ruling establishes a federal, constitutional right to same-sex marriage.  Those states that have marriage amendments defining marriage as the union of a man and woman are untouched by these rulings.  Those states that recognize same-sex marriage are similarly untouched.

The bottom line?  The definition of marriage is reaffirmed as a matter primarily of state law, not federal law.  The issue goes back to the states, and for the foreseeable future, states will continue to define the parameters of lawful marriage.

No Respect for Religious Censorship

By David French1412873764926

The brazen intellectual bankruptcy of campus censorship never fails to impress. Yesterday, the Chronicle of Higher Education was the latest prestige publication to cover the California State University system’s mass-scale de-recognition of so-called “exclusionary” Christian groups. And how, pray...

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Justice Restored for Little Girl

By CeCe Heil1398795003000

We recently assisted a mother and her daughter in Tucson, Arizona, who requested our assistance when the daughter was told that she could no longer bring her Bible to school. The daughter had been bringing her Bible to school to read and to discuss with other students during her free time. Some...

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Sad Power Of An Atheist’s Temper Tantrum

By Jay Sekulow1398197847000

Angry atheists are at it again. This week, they’re taking on Dabo Swinney, head coach of the Clemson Tigers. His alleged unlawful conduct? Expressing his Christian faith and allegedly making a number of voluntary religious activities available to his players -- the adult student-athletes at...

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Student Denied Admission for His Faith

By ACLJ.org1398196897000

Late yesterday afternoon, ACLJ filed a lawsuit on behalf of Brandon Jenkins against officials of The Community College of Baltimore County (CCBC) in Maryland for denying Brandon admission to its Radiation Therapy Program in part due to his expression of religious beliefs. As one faculty member...

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