The United States Supreme Court held the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Chief Justice Roberts, in his dissent joined by Justices Scalia and […]
Supreme Court Holds Church May Put Up Temporary Signs To Announce Times And Places Of Its Services.
A town has a strict Sign Code, which permits ideological, political and a limited category of directional signs for “qualifying events.” A small, cash-strapped church and its pastor wished to advertise the time and location of their Sunday church services. Services are held in changing locations in or near the town. The church began placing […]
Religion Is Like A Pair Of Shoes…Find One That Fits For You, But Don’t Make Me Wear Your Shoes. — George Carlin.
In California, a person with developmental disabilities has the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution, including “a right to religious freedom and practice.” (Welfare and Institutions Code section 4502 [Lanterman Act]). Plaintiffs are the owners six-bed residential community care facility. The defendant is a regional center established […]
Does Continuous Lighting Amount To Cruel And Unusual Punishment?
A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]
Prisoner’s Allegations Regarding Violations of Freedom Of Religion.
Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.
Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]