Latest Case: Leaders of a Beautiful Struggle v. Baltimore Police Department (Civil Rights)

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.

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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.

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Leaders of a Beautiful Struggle v. Baltimore Police Department

Docket: 20-1495

Opinion Date: November 5, 2020

Judge: James Harvie Wilkinson, III

Areas of Law: Civil Rights, Constitutional Law

After determining that plaintiffs have standing to bring their 42 U.S.C. 1983 action, the Fourth Circuit concluded that the district court did not abuse its discretion in denying plaintiffs' request for a preliminary injunction against Baltimore's aerial surveillance (AIR) program. The court concluded that plaintiffs are unlikely to succeed on the merits of their Fourth Amendment claim, because the AIR program does not infringe on a reasonable expectation of privacy. The court explained that the AIR program has built-in limitations designed to minimize invasions of individual privacy. Furthermore, the program seeks to meet a serious law enforcement need without unduly burdening constitutional rights. The court also concluded that plaintiffs are unlikely to succeed on the merits of their claim that the program will violate their First Amendment rights to freely associate with others. The court explained that the basic problem with plaintiffs' argument is that people do not have a right to avoid being seen in public places and, even if that were not so, it is a stretch to suggest people are deterred from associating with each other because they may show up as a dot under the AIR program. Finally, the court concluded that allowing the AIR program to continue is the equitable course of action and serves the public interest.