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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State v. Paul C.

Docket: 19-0776

Opinion Date: November 5, 2020

Judge: Hutchison

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's motion to dismiss an indictment that alleged eighteen felony sexual offenses against him involving two minors, holding that the three-term rule was not violated in this case. In his motion to dismiss, Petitioner claimed that because three regular terms of court passed without a trial he was entitled to be discharged from prosecution for the offenses charged in the indictment, pursuant to W. Va. Code 62-3-21. The circuit court denied the motion. The Supreme Court affirmed, holding (1) three unexcused terms of court did not pass without a trial; and (2) therefore, Petitioner's right to be tried without unreasonable delay, pursuant to section 62-3-21, was not violated.

In re A.M.

Docket: 19-0492

Opinion Date: November 5, 2020

Judge: Jenkins

Areas of Law: Family Law

The Supreme Court reversed the circuit court's May 15, 2019 amended adjudicatory order in the underlying abuse and neglect case, holding that the circuit court erred by refusing to find both that Father had committed sexual abuse of A.M. and that Mother was an abusive and/or neglectful parent because she had failed to protect both of her children from such abuse. By the 2019 order, the circuit court determined Father to be an abusive and/or neglectful parent of his two children and concluded that Mother had committed no abuse and/or neglect of the children. On appeal, the children's guardian ad litem argued that the circuit court erred by failing also to adjudicate Father of sexual abuse of the oldest child, A.M. and by not finding Mother to be an abusive and/or neglectful parent based upon her failure to protect the children from such sexual abuse. The Supreme Court agreed and reversed the circuit court's 2019 amended adjudicatory order and to enter a new amended adjudicatory order finding that Father sexually abused A.M. and that Mother was an abusive and/or neglectful parent.