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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Sierra v. Delaware

Docket: 21, 2020

Opinion Date: November 4, 2020

Judge: Vaughn

Areas of Law: Constitutional Law, Criminal Law

Appellant Luis Sierra was convicted on two counts of Murder in the First Degree, three counts of Possession of a Firearm During the Commission of a Felony, Robbery in the First Degree, and Conspiracy in the Second Degree. His convictions were affirmed on direct appeal. His motion for postconviction relief was denied by the Superior Court. On appeal, Sierra claimed the Superior Court erred in rejecting his contention that he received ineffective assistance of counsel at trial because his counsel: (1) failed to call available fact and expert witnesses; (2) failed to object to prejudicial testimony offered by the State; and (3) failed to object to prosecutorial misconduct during closing arguments. He also claimed the Superior Court’s denial of his motion was inconsistent with Fowler v. Delaware, 194 A.3d 16 (Del. 2018). Finding no reversible error in the Superior Court's judgment, the Delaware Supreme Court affirmed.