Category Archives: same-sex marriage

Now What Happens with Same-Sex Marriage?

Every once in a while the Supreme Court does something that turns experts’ predictions completely upside down. It actually happened twice during the 2012 Obamacare case (first, when Justice Kennedy clearly indicated his intent to find Obamacare unconstitutional during oral … Continue reading

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How Same-Sex Marriage Overcomes the Originalism Argument

Because this is the era of LGBT constitutional rights, let’s talk about the arguments for and against finding a right to same-sex marriage in the 14th Amendment of the Constitution. We’ll kick things off with the originalism argument, which goes … Continue reading

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The LGBT Constitutional Rights Era

Supreme Court eras are often defined by a single issue. In the early 19th century, SCOTUS wrestled with the nature and balance of power of American government in cases like Marbury, McCulloch and Gibbons. In the 1850s, SCOTUS tried to … Continue reading

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Kennedy’s Schuette Decision is Really About Same-Sex Marriage

Yesterday, the Supreme Court upheld Michigan’s ban on the use of affirmative action in college admissions. Justice Kennedy wrote the opinion for a very divided Court. Kennedy’s opinion explained that the political process doctrine cases do not apply because those … Continue reading

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Is Same-Sex Marriage Unbeatable in Court?

“It’s over,” declare David S. Cohen and Dahlia Lithwick at Slate. Cohen and Lithwick have boldly claimed that same-sex marriage can no longer lose in courts. The Slate article points to eighteen cases involving same-sex issues that have been decided since SCOTUS’s … Continue reading

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Game of Thrones Explains the Future of Same Sex Marriage

I’ll sum up SCOTUS’s same-sex marriage cases from June in one word: factions. The Court split up into four factions. And what better way to explain warring factions than Game of Thrones[1]? Want to know how each Justice will vote … Continue reading

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Justice Scalia’s DOMA Dissent: Annotated

Justice Scalia wrote the primary dissenting opinion in the DOMA case the Supreme Court decided on Wednesday. That is appropriate. Justice Scalia is the king of the dissenting opinion. He has actually won SCOTUS’s award for Best Dissenting Opinion[1] in … Continue reading

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Same-Sex Marriages Likely to Resume in California

The Supreme Court’s decision to dismiss the Proposition 8 appeal for lack of jurisdiction leaves the legal status of Proposition 8 a bit ambiguous. It is important to note that the appeals have been dismissed, not the whole case. The … Continue reading

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Full Text of the DOMA and Proposition 8 Decisions

Here is the full text of the DOMA decision, in which the Supreme Court held DOMA unconstitutional. Here is the full text of the Proposition 8 decision, in which the Supreme Court held that it does not have jurisdiction.

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DOMA Unconstitutional

The Supreme Court has stricken down DOMA. Kennedy wrote the opinion, and the four liberal justices joined. DOMA interferes with the liberty interests protected by the Due Process Clause. It appears that the Court will not reach the issue of … Continue reading

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