Re: quick note of apology,and the history of civic marriage in the US.

Jean, Many have argued that there are secular reasons for denying marriage (or some variant) to same gender couples. I don't agree with the reasoning, but I disagree that denying same gender couples marriage lacks secular reasons (whether or not one agrees with those reasons). Every secular

Re: Harm to others -- Please don't forget accommodations

One of the reasons list members may not be jumping in to discuss this question is that it is such a hard question to answer. Many of us believe that courts should consider the harm to third parties or the public good in setting limits to the scope of permissible legislative accommodations. I

Re: Harm to others -- Please don't forget accommodations

Much of this interesting discussion about the constitutional implications of "harm to others" has taken place absent even a semblance of a seriousanalysis of the concept of "harm." (The classic analysis of "harm" in the last several decades can be found, I suggest,in Joel Feinberg's trilogy

New Yorker Article on Cupertino Schools Controversy

In the March 21, 2005 New Yorker is an article entitled Jesus in the Classroom about Williams' suit in Cupertino -- the falsely balleyhooed School District Bans the Declaration of Independence case. There is a related discussion at http://www.newyorker.com/online/content/?050321on_onlineonly01 .