Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia

DAVID S. KEMP, CHARLES E. BINKLEY

David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.

Read More

Stigma and the Oral Argument in Fulton v. City of Philadelphia

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.

Read More

Powers v. Turner County Board of Adjustment

Citation: 2020 S.D. 60

Opinion Date: November 4, 2020

Judge: Devaney

Areas of Law: Civil Procedure, Real Estate & Property Law

The Supreme Court reversed the decision of the circuit court dismissing Petitioners' appeal from the decision of the Turner County Board of Adjustment approving an application for the construction and operation of a concentrated animal feeding operation (CAFO) on the grounds that Petitioners lacked standing, holding that the circuit court erred in dismissing the appeal for an inadequate showing of standing. After the Board voted unanimously to approve the CAFO application Petitioners, who owned land near the proposed CAFO, petitioned the circuit court for a writ of certiorari. The circuit court concluded that Petitioners lacked standing because they failed to present sufficient facts demonstrating a unique and personal injury compared to Turner County taxpayers in general. The Supreme Court reversed, holding that Petitioners set forth sufficient specific facts showing a personal and pecuniary loss not suffered by taxpayers in general.

State v. Ostby

Citation: 2020 S.D. 61

Opinion Date: November 4, 2020

Judge: Jensen

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the orders of the circuit court sustaining Defendants' motions to suppress evidence seized by law enforcement, pursuant to a search warrant, at the apartment where Defendants resided, holding that probable cause existed for the issuance of the search warrant. Defendants - Carrie Lynn Ostby and Dana Olmsted - were indicted on drug-related charges. The circuit court granted Defendants' motions to suppress, determining that probable cause did not exist for the warrant to search Defendants' apartment and that the exigent circumstances exception to the warrant requirement was inapplicable. The Supreme Court reversed, holding (1) the affidavit in support of the search warrant established probable cause to search the apartment where Defendants resided; and (2) therefore, it was unnecessary to consider whether the good-faith exception applied to the exclusionary rule.

Evens v. Evens

Citation: 2020 S.D. 62

Opinion Date: November 4, 2020

Judge: Salter

Areas of Law: Family Law

The Supreme Court affirmed the circuit court's judgment and decree of divorce entered on the grounds of extreme cruelty, as well as the court's determinations regarding child custody, property division, child support, and attorney fees and costs, holding that the court did not err or abuse its discretion. Specifically, the Supreme Court held (1) the circuit court did not commit clear error in granting Husband's request for a divorce on the grounds of extreme cruelty; (2) the circuit court did not abuse its discretion in its child custody determination, marital property division, child support calculation, or award of attorney fees; and (3) based on Wife's refusal to comply with the court's judgment and decree of divorce, the court did not commit clear error when it found Wife in contempt of court.