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Full-Text Articles in Law
Pro-Business Or Anti-Gay? Disguising Lgbt Animus As Economic Legislation, James A. Reed
Pro-Business Or Anti-Gay? Disguising Lgbt Animus As Economic Legislation, James A. Reed
Alex Reed
Several states are considering legislation that would prohibit cities from enacting nondiscrimination ordinances which are more inclusive than state law in terms of their protected classes. Although characterized as economic legislation, the evidence suggests that these bills are being introduced because of—not merely in spite of—their adverse effects upon the LGBT community. This article proposes that the Supreme Court apply heightened scrutiny to classifications based on sexual orientation and gender identity so as to expose the discriminatory motivations underlying these bills and ensure that courts are no longer complicit in denying LGBT Americans the equal protection of the laws.
Playing Devil's Advocate: The Constitutional Implications Of Requiring Advocacy Organizations To Present Opposing Viewpoints, James A. Reed
Playing Devil's Advocate: The Constitutional Implications Of Requiring Advocacy Organizations To Present Opposing Viewpoints, James A. Reed
Alex Reed
The accompanying article examines the constitutionality of an I.R.S. policy that requires advocacy organizations to present opposing viewpoints in their public presentations if they wish to be afforded charitable status under the Internal Revenue Code. For almost a century, Treasury and the I.R.S. have struggled to formulate a set of criteria capable of differentiating educational advocacy organizations from mere propaganda groups. In furtherance of this end, the Service has published four factors ostensibly indicative of a non-educational methodology such that the presence of one or more of these factors in an advocacy organization’s presentations will result in the denial of …