The Supreme Court should issue its ruling in the same-sex marriage cases this week, and as I explained in my previous post, eight of the nine Supreme Court Justices will likely split 4-4 along ideological lines in Perry and Windsor. That leaves the monumental decision of whether the Constitution guarantees a right to marry, regardless …
Continue reading “What Will Kennedy Do?–Same-sex Marriage Prediction Part Two”
It’s that time of year again! As frequent readers of this blog know, June is the month of heavy-hitting Supreme Court cases. The Court’s term ends at the end of June, and the Court rarely carries cases over from one term to another, so the Court stops hearing arguments and focuses on writing/issuing the big …
Continue reading “Will the Supreme Court Support Same-Sex Marriage?”
Today’s oral argument transcript from United States v. Windsor, the case considering the constitutionality of the Defense of Marriage Act, can be found here. My readers’ guide to the same sex marriage cases is here. SCOTUSblog’s instant analysis of the oral arguments is here. Further reading on the same sex marriage cases can be found here.
The Supreme Court has released the transcript of the oral argument in Hollingsworth v. Perry, the case to decide the constitutionality of California’s Proposition 8. The transcript can be found here. For a readers’ guide, click here. For a quick analysis see SCOTUSblog’s coverage.
Today and tomorrow, the Supreme Court hear oral arguments in the same sex marriage cases. I will post links to the transcripts when they become available (each afternoon). The transcripts of major cases like these are well worth reading, but perhaps not for the reasons one might expect. The oral arguments are the lawyers’ opportunity …
Continue reading “Guide to the Oral Argument Transcripts in the Same Sex Marriage Cases”
Supporters of same sex marriage have now filed their briefs in the Proposition 8 case. Their primary brief can be found here. Once again, I read it, so you don’t have to. My summary follows. The focus of the argument is on the Due Process Clause. That is significant because most of the briefs so …
Continue reading “Why Proposition 8 Violates the Due Process Clause”
Two years ago, I predicted that the legal controversy in California over Proposition 8 (which banned gay marriage in the state) would eventually make its way to the Supreme Court, which would lead the Court to hold that there is a constitutional right to same-sex marriage. Dr. King said, “The arc of history is long, …
Continue reading “Slowly But Surely Same Sex Marriage Headed to Supreme Court”
On Monday, the Ninth Circuit issued a decision holding that California’s Proposition 8, which banned same-sex marriage, was unconstitutional based on the Equal Protection Clause of the United States Constitution. The case, Perry v. Brown, will probably go before the Supreme Court eventually. However, when it does, even if the court affirms the Ninth Circuit’s …
Rick Santorum, fresh off his impressive performance in Iowa (narrowly losing to front-runner Mitt Romney) is receiving some negative headlines for some remarks he made about same-sex marriage: “Rick Santorum jeered after comparing gay marriage to polygamy,” “Santorum is Booed by College Crowd for Opposing Gay Marriage,” “Santorum engages, enrages.” I disagree with the beliefs …
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