Constitutional scholar Hadley Arkes marks the feast of the Epiphany with an epiphany of legal opinion arguing that donor information of traditional marriage groups should be kept confidential because of the intense intimidation tactics used by the radical homosexual lobby.

Arkes discloses that Supreme Court Justice Clarence Thomas is the court’s strongest advocate of this protection, and Arkes also cites the legal precedent to support this conclusion: “The hard nut to crack here, though was the famous case of NAACP v. Alabama (1958). A law in Alabama required the NAACP along with other organizations to reveal their list of members and donors. Teachers who were members could be threatened with the loss of their jobs, and sympathetic whites faced with ostracism or other forms of retaliation. The Court struck down that requirement of disclosure. And from that decision some of us drew this lesson: that the freedom to engage in a legitimate association may entail the freedom to engage in that association with confidentiality – if there was reason to think that disclosure could subject a person to acts of intimidation and retaliation designed to discourage him from participating in an association quite legitimate.”

Read Arkes whole column here.