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M.A.L. v. Kinsland

The District Court’s decision should be affirmed because it will not lead to confusing and complex legal rules and it comports with controlling Supreme Court precedent. Furthermore, the District Court’s decision should be affirmed because the decisions of other courts that have applied forum analysis to student free speech ignore the plain language of Tinker. Finally, the District Court’s decision should be affirmed because in addition to the fact that most of the cases appellants cite are bad law under Tinker, several of them are also inapposite.

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Obergefell v. Hodges

Homosexuals do not constitute either a suspect or quasi-suspect class, and thus, heightened scrutiny is inappropriate.  Among several reasons that this is so is the fact that homosexuals are not politically powerless.

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Brenner v. Armstrong

This case argues that political powerlessness is a key factor in identifying protected classes. Homosexuals have powerful political allies both nationally and in Florida. The homosexual community is well-financed by a broad range of contributors and resources. Many religious groups support homosexual causes, and that public opinion is trending in favor of homosexuals, including on the marriage issue.

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Kitchen v. Herbert

This case argues that political powerlessness is a key factor in identifying protected classes.  Homosexuals have powerful political allies both nationally and in Utah.  The homosexual community is well-financed by a broad range of contributors and resources.  Many religious groups support homosexual causes, and that public opinion is trending in favor of homosexuals, including on the marriage issue.

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Freedom from Religion Foundation v. Chino Valley School Board

Prayers at school board meetings are constitutional since they are prayers of “deliberative bodies” as that term is used in Marsh v. Chambers. This is so even if allegedly coercive elements, which would be problematic under other Establishment Clause tests, are present, as has been held in prior cases. The applicability of Marsh is supported by the historical pedigree of school board prayers.

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