Tag Archives: same-sex marriage

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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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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What is the Ideal Result in the Proposition 8 Case for LGBTQ Rights Supporters?

It is very likely that the Supreme Court will issue its decision in Hollingsworth v. Perry tomorrow morning between 10:00 and 10:30 a.m. EST. So, on the eve of “the decision”[1] here is my question: what is the ideal result … Continue reading

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What Will Kennedy Do?–Same-sex Marriage Prediction Part Two

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. … Continue reading

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Will the Supreme Court Support Same-Sex Marriage?

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 … Continue reading

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Even a Conservative Reading of the Constitution Supports a Right to Same-Sex Marriage

One of the more compelling exchanges during the oral arguments on the same-sex marriage cases came between Justice Scalia and Theodore Olson, attorney for the opponents of Proposition 8. Here is the exchange: JUSTICE SCALIA:    I’m curious, when -­ … Continue reading

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Oral Argument Transcript in DOMA Case Released

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 … Continue reading

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Same Sex Marriage Oral Argument Transcript

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 … Continue reading

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