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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Inquiry Concerning Judge David Craig Miller

Docket: SC20-1073

Opinion Date: November 5, 2020

Judge: Per Curiam

Areas of Law: Legal Ethics

The Supreme Court held that the conduct of Judge David Craig Miller of the Eleventh Judicial Court violated the Code of Judicial Conduct and that the appropriate discipline was a public reprimand, concluding that the findings of the Judicial Qualifications Commission (JQC) were supported by clear and convincing evidence. In its findings and recommendation of discipline, the JQC found that Judge Miller violated Canons 1, 2A, and 3B(4) of the Code of Judicial Conduct. The JQC then recommended a public reprimand. In a stipulation, Judge Miller admitted to the alleged conduct, conceded that the conducts violated the Code of Judicial Conduct, and accepted the JQC's findings and recommendation of discipline. The Supreme Court approved the stipulation entered into by Judge Miller and the JQC and reprimanded Judge Miller for his misconduct.