Search Results for ‘arizona calligraph’

Religion and the law roundup

“If it’s speech, you can’t force it.”

The Arizona Supreme Court made the right call, in my view, in ruling that it is forced expression for the city of Phoenix to require a wedding-calligraphy studio to inscribe invitations for weddings that go against its owner-artists’ religious scruples: “If it’s speech, you can’t force it.” The ruling is based on both the state constitution and on Arizona’s version of RFRA (religious freedom restoration act). [Lindsay Walker, Cronkite News/Arizona PBS; Eugene Volokh and Dale Carpenter (filed with Cato in the case on behalf of the studio); earlier here, etc., and related]

The latter part of the ruling does seem to result in a broader than usual reading of a state RFRA, because most state courts have declined to interpret the laws to provide very much protection for religious objectors in public-accommodation cases; their logic has been that reducing discrimination is a compelling state interest that cannot be enforced in a less restrictive way.

Constitutional law roundup

  • Kansas Supreme Court rules 4-3 that cops can conduct warrantless search of private homes if they say they smell marijuana. Practical difference between this and “…whenever they please” is not clear [Tim Carpenter, Topeka Capital-Journal] More: Jacob Sullum;
  • At Timbs v. Indiana oral argument, Court seems sympathetic to idea of applying Excessive Fines clause to the states [Robby Soave, Jacob Sullum, Ilya Somin, earlier here, here, and here] Notwithstanding Justice Gorsuch and Kavanaugh’s interjections, there is and has been no uniform incorporation of the entire Bill of Rights against the states [Rory Little]
  • Arizona Supreme Court should recognize that First Amendment protects right of calligraphic art studio not to be forced to draw invitations and vows for wedding ceremony of which owner/artists disapprove on religious grounds [Ilya Shapiro and Patrick Moran on Cato Institute amicus brief in Brush & Nib Studio v. City of Phoenix]
  • Claim: notwithstanding SCOTUS precedent to the contrary, U.S. Constitution contains no general federal power to restrict immigration [Ilya Somin and others, Cato Unbound symposium, more]
  • “The Supreme Court Really Needs to Start Defining the Scope of the Second Amendment” [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in Mance v. Whitaker, interstate sales by gun dealers] “Bump Stock Rule Bumps Up Against the Constitution” [Shapiro and Larosiere] “The Most Common Firearm in America is Not a ‘Weapon of War’” [same on Cato amicus brief in Worman v. Healey, Massachusetts ban on “assault weapons”] Federal court strikes down as unconstitutional New York’s ban on nunchaku [AP, Lowering the Bar with previous coverage of lawyer’s quest]
  • “An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.” That’s a recently adopted provision of the New Hampshire constitution. Now what does it mean? [David Post]