Andrew Sullivan Is Wrong About Public-Accommodations Law

5/10/17  //  Commentary

Andrew Sullivan recently criticized gay people who seek to obtain services from those with religious objections to serving them. But Sullivan's criticism fundamentally misunderstands the basic purpose of public accommodations laws and should be rejected.

Charlie Gerstein

Gerstein Harrow LLP

Deep Problems with the Proposed Executive Order on Religious Freedom

5/3/17  //  In-Depth Analysis

It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

A Landmark Victory for LGBT Rights (And The Path Ahead)

4/5/17  //  Commentary

The en banc Seventh Circuit has held that Title VII protects against sexual orientation discrimination. SCOTUS is likely to grant review of this important issue in the near future. But it remains unclear what position the Trump Administration will take.

A Lurking Threat to LGBT Rights & Religious Freedom

4/3/17  //  In-Depth Analysis

Today, the Fifth Circuit hears argument in a major case about the future of religious liberty and LGBT rights. The law under review, HB 1523, is flagrantly unconstitutional. And the result of this appeal may profoundly influence Trump's still-evolving policies.

The Pence Policy And The Trump Administration’s Views on Anti-Discrimination

4/3/17  //  Commentary

Vice President Mike Pence’s policy of not dining with women is unconstitutional. It also suggests how far this administration will go to cut back on anti-discrimination law.

Leah Litman

Michigan Law School