Law

Mormon Nominated to D.C. Circuit

May 11, 2004 | 38 comments
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For those who follow such things, President Bush has just nominated Tom Griffith, current general counsel for BYU, to the United States Court of Appeals for the District of Columbia. For the non-law geeks of the universe, the D.C. Court of Appeals is an intermediate level appellate court (just below the Supreme Court) and after the Supreme Court it is widely regarded as the most important court in the United States, frequently serving as a training ground for Supreme Court justices. (Three of the nine current justices — Scalia, Thomas, Ginsburg — previously served on the D.C. Court of... Read more »

No More Kids, by Law

May 8, 2004 | 13 comments
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A disturbing case, all around. Be the first to like. Like Unlike Read more »

Quick Newdow Note

April 21, 2004 | no comments
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A new old voice in the Bloggernacle

April 14, 2004 | 2 comments
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Ever wonder what Brother Joseph was up to on this very day, 170 years ago? Here’s hoping that Dave can carry us all the way through to 2014. Be the first to like. Like Unlike Read more »

So Help Me God

April 12, 2004 | 12 comments
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We take oaths in this country when we testify. Nowadays, anybody can do it, and perjury is the only penalty. Used to be that hellfire also awaited the liar. That was the theory, anyway, and under that theory until well into the 20th Century, the several states wouldn’t let atheists testify because the atheists didn’t believe in future rewards and punishments. I don’t know what the states did about Universalists or cheap grace evangelicals, or even what they’d do with us–our discussion below about having too little hellfire in our beliefs got me wondering, though I eventually concluded that... Read more »

Arresting Ministers

March 16, 2004 | 4 comments
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The State of New York is charging two Unitarian Universalist ministers with a misdemeanor for solemnizing a marriage without a liscense. (Story here) The Unitarians have long granted gay couples religious unions, but they have not exercised the power delegated to them by the state to create legal marriages. Given the ubiquitious comparisons between the gay marriage legal kerfuffle and the anti-polygamy crusades, is there a parallell here? Be the first to like. Like Unlike Read more »

Woman charged with murder for refusing C-section

March 12, 2004 | 22 comments
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Hey, all you legal eagles! Somebody please explain what in the world the Utah D.A. who’s charging Melissa Rowland with murder for refusing a cesaearean section could be thinking. Be the first to like. Like Unlike Read more »

Civic Religion – Again

February 25, 2004 | 13 comments
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For those not aware of the fact, the Supreme Court handed down its decision in Locke v. Davey a few hours ago, holding that it did not violate the Free Exercise Clause for the State of Washington to exempt divinity degree applicants from an otherwise available scholarship fund. I am not going to comment here on the opinion itself, but there was a line from Justice Scalia’s dissent that brought to mind an earlier discussion here at T&S on civic religion. Be the first to like. Like Unlike Read more »

Mormons and Lord Devlin

February 13, 2004 | 5 comments
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When Mormons get up set about things like abortion, pornography, SSM, constitutional prohibitions on anti-sodomy laws, and the like they frequently talk about how these kinds of developments threaten to undermine society’s “moral fabric.” However, I don’t think that we have been sufficiently reflective about this rhetoric. I think that Lord Devlin can help us understand why. Be the first to like. Like Unlike Read more »

Chaplinsky in Zion

February 4, 2004 | 4 comments
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According to the Deseret News, Salt Lake City Mayor Rocky Anderson is considering a city ordinance that would ban some of the more extreme street preaching around Temple Square. Be the first to like. Like Unlike Read more »

Office, Oaths, and Sins

January 27, 2004 | 14 comments
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I work as a law clerk for a federal appellate judge. As part of my work, I routinely assist in the enforcement of legal rules that I think are unwise or even unjust. Of late I have been wondering about the morality of what I do every day. Be the first to like. Like Unlike Read more »

Justice for Fornicators

January 23, 2004 | 24 comments
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The extended discussion of Matt’s last post has got me thinking about abortion. I freely admitt that this is not a subject that I have actually spent a lot of time on, so I can’t claim that what follows is informed by either deep reading or deep thinking. What I have tried to do is put together an argument that makes sense out of the Church’s somewhat modified pro-life position, i.e. no abortion with limited exceptions of for rape, threats to life, etc. Warning, what follows contains a fair amount of pseudo-philosophical rambling. Be the first to like. Like... Read more »

Against Mardell

November 22, 2003 | no comments
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Re: Suing the Church

November 21, 2003 | no comments
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Re: Suing the church

November 21, 2003 | 14 comments
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Re: A Conversation with Mardell

November 21, 2003 | no comments
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A Conversation with Mardell

November 21, 2003 | no comments
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Suing the Church

November 20, 2003 | no comments
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