"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

Friday, March 18, 2016

14th Amendment protection


The Obergefell decision last June recognized for the first time a 14th Amendment protection for the exercise of religion, said Michigan lawyer David A. Kallman of the Great Lakes Justice Center. In an interview with WND, Kallman pointed out that Justice Anthony Kennedy’s opinion in the marriage decision concluded the 14th Amendment protects self-identity. “He specifically links to our rights as enunciated in the Bill of Rights,” Kallman said. “So if you find your identity in Christ … we would argue, Justice Kennedy has created another layer of protection.”

Two experts with the Great Lakes Justice Center, William Wagner and John S. Kane, wrote a letter to the ABA regarding a rule change that would make it ethical “misconduct” for a lawyer to consider “sexual orientation” and “gender identity” in the attorney-client relationship. “To be sure, the Obergefell decision stated that for some individuals ‘personal identity’ may come from a person’s intimate sexual orientation and the court then ruled accordingly,” they wrote. “The court’s ruling clearly comprehends that an individual’s ‘personal identity’ could come from the person’s intimate religious faith orientation, i.e., his or her ‘beliefs.’” That means, they explained, that the Supreme Court “determined that this new fundamental constitutional liberty right of personal identity is found in, and protected by, the Due Process and Equal Protection Clauses of the 14th Amendment to the United States Constitution.”

Read more at http://www.wnd.com/2016/03/experts-marriage-ruling-protects-religious-expression/#OO7LR8ysyRAz8hRh.99

I wonder if Justice Kennedy knew this is what his ruling would do?

Kenneydy.jpg (956×519)

1 comment:

Tom said...

What would it do? The ABA is a voluntary association and most associations get to make their own rules with little or no interference from the courts. You don't like the rules, don't be in the association. Wish I had that choice with my homeowners association. I hate some of their rules, but I have to live with hem anyway.