Illinois Senate Now Debating SSM Bill
You can watch the live feed now. Happy Valentine’s Day! The post Illinois Senate Now Debating SSM Bill appeared first on The Volokh Conspiracy.
View ArticleSpeaking this week
I’ll have the pleasure of participating in two debates on SSM this week at student Federalist Society chapters. One will be with Ryan Anderson tomorrow at the University of Nebraska Law School. The...
View ArticleA Federalism-Based Equal Protection Argument Against DOMA
Over the past few days, the Court has been treated to an avalanche of briefs submitted by law professors, professional associations, prominent Republicans, and even football players arguing that...
View ArticleMinnesota House and Senate Committees to Consider SSM Bill on Tuesday
Two committees of the Minnesota legislature, one from each house, will consider legislation tomorrow to legalize same-sex marriage in the state. The first, scheduled to begin at 8:15 a.m. (Central) is...
View ArticleDOMA: “Conservative Principles, Properly Understood”
In his column for today, George Will backs the federalism-based equal protection argument against Section 3 of the Defense of Marriage Act that Ernie Young and Lynn Baker, along with co-Conspirators...
View ArticleFederalist Society Symposium on the Marriage Cases
Today the Federalist Society hosts a forum entitled, Same-Sex Marriage: A Variety of Perpectives on United States v. Windsor and Hollingsworth v. Perry. There are contributions by John Eastman, Nelson...
View ArticleNot there yet
Here’s what I had hoped to be able to post after the oral argument in the Prop 8 case yesterday, but was unable to because I couldn’t get into the site. Yesterday it seemed urgent; today not so much....
View ArticleFederalism Concerns Dominate the Attack on “Skim Milk” Marriage
At the Supreme Court today, the Defense of Marriage Act took a beating from Justices concerned about federalism. By my count, five Justices expressed deep constitutional concerns with DOMA, and four...
View ArticleThree Senses in Which DOMA Implicates Federalism
Overnight, it seems, federalism has become a major ground on which the Defense of Marriage Act is being contested. This is surprising because, as we saw Wednesday in the arguments of Roberta Kaplan...
View ArticleThe Real Standing Problem in the Marriage Cases
Some commentators mistakenly think a federalism-based approach to the DOMA case will cause a flood of litigation and generate massive legal uncertainty, but that’s not the real chaotic threat at the...
View ArticleThe Supreme Court’s Standing Problem (Cont’d)
The scandal goes on. Adam Liptak reports. The post The Supreme Court’s Standing Problem (Cont’d) appeared first on The Volokh Conspiracy.
View ArticleSpeaking Engagements This Week
On Monday I’ll be speaking before the ACS chapter at Yale Law School on the topic, “What Has Lawrence Meant? Litigation and LGBT Rights on the Tenth Anniversary of Lawrence v. Texas.” The presentation...
View ArticleLive: Final Rhode Island Vote for Gay Marriage
You can watch it here. Rhode Island will be the 10th state to recognize same-sex marriage. More to come soon. UPDATE: Watch the R.I. Governor’s signing ceremony here. The post Live: Final Rhode...
View ArticleSame-Sex Marriage in Delaware
The state senate in Delaware is having a final debate on a same-sex marriage bill. The audio is available here, just click on “Senate in session.” The Minnesota state house of representatives will...
View ArticleMinnesota House to Vote on Marriage Today
At Noon (central time) today, the Minnesota House of Representatives will begin debating a bill that would extend marriage to same-sex couples. The bill, as I explain in today’s St. Paul Pioneer...
View ArticleMinnesota Senate Votes on Marriage Today
At Noon Central time, the Minnesota Senate will begin debate on a bill extending marriage to same-sex couples. The state house of representatives approved the bill last Thursday, on a vote of 75-59....
View ArticleMarriage in Minnesota
Today, along with thousands of others who made it possible, I’ll be at Governor Dayton’s signing of the bill extending marriage to same-sex couples in Minnesota starting August 1. Obviously, this is...
View ArticleNew Mexico Photographer Loses Discrimination Case
In Elane Photography v. Willock, the New Mexico state supreme court has decided to reject a professional photographer’s statutory and constitutional claims that she could not be required to photograph...
View ArticleNinth Circuit Upholds “Gay Conversion” Ban
A unanimous panel of the Ninth Circuit has upheld California’s ban on efforts by licensed mental health professionals to change the sexual orientation of minors, a practice often called gay conversion...
View ArticleVA Must Extend Benefits to Married Same-Sex Couples, District Court Says
In the aftermath of United States v. Windsor, the Obama administration is adopting a generous position on the availability of federal benefits to married same-sex couples, as co-blogger Will Baude...
View ArticleWhat Will A Proposed Authorization for Military Force in Syria Authorize?
Now that the president has vowed to seek Congress’s approval even for what he promises will be very limited military action in Syria, an interesting question arises. What will the authorization...
View ArticleLabor Department Extends ERISA Protections to Same-Sex Spouses
The effect of United States v. Windsor continues to ripple through federal law, expanding by leaps and bounds the rights and protections afforded to same-sex spouses. The effect has been magnified by...
View ArticleBill Introduced by House Republicans Offers Broad Exemptions to Opponents of...
Sixty members of the U.S. House of Representatives (58 Republicans and 2 Democrats) have introduced legislation, the “Marriage and Religious Freedom Act” (MARFA), that would prohibit any “adverse...
View ArticleDOMA and Dignity
Why is the Defense of Marriage Act unconstitutional? Here are two propositions that United States v. Windsor might be thought to stand for: (1) The federal government’s decision not to recognize...
View ArticleState Denies In-State Tuition to Same-Sex Spouse of a Servicemember
The effects of federal recognition of same-sex marriages across the full spectrum of federal benefits, including for those domiciled in states that ban the recognition of their marriages for state...
View ArticleNew Jersey Supreme Court Agrees to Expedited Consideration of SSM Case
The New Jersey Supreme Court has agreed to hear Garden State Equality v. Dow, a challenge to the state’s limitation of marriage to opposite-sex couples. The trial court recently held the law...
View ArticleDuquesne Federalist Society
Tomorrow I’ll be discussing the Court’s decision in United States v. Windsor with Professor Lynn Wardle of BYU Law School. We’ll be there at the invitation of the Duquesne University Law School...
View ArticleGay Marriage in Oregon (Sort of)
The state’s Department of Justice has concluded that the state’s administrative agencies can (and probably must) recognize same-sex marriages validly performed in other states, even for purposes of...
View ArticleHow Bigoted Speech Advances Equality
In a splendidly written essay in The Atlantic, Jonathan Rauch makes the case for protecting “hate speech” in the context of a proposed boycott by some gay-rights advocates of the movie Ender’s Game...
View ArticleReligious Liberty and SSM: A Response to Concerns in Illinois
The Illinois legislature is considering a bill that would extend marriage to same-sex couples. In response, a group of religious-liberty scholars have urged the governor and legislative leaders to...
View ArticleIllinois House Debating Same-Sex Marriage Now
You can watch it live here. The state senate has already passed the bill. If the state house passes it, the bill would be signed by the governor. The post Illinois House Debating Same-Sex Marriage...
View ArticleResponse From Religious-Liberty Scholars Supporting a “Marriage Conscience”...
Last week I wrote about the response of a group of us (Andy Koppelman, Doug NeJaime, Ira Lupu, William Marshall, and me) to calls for broad religious-liberty exemptions in laws authorizing same-sex...
View ArticleWatch the Final Debate on Same-Sex Marriage in Hawaii
The live feed is here. The post Watch the Final Debate on Same-Sex Marriage in Hawaii appeared first on The Volokh Conspiracy.
View ArticleGay Marriage in Hawaii
The governor is signing the bill now. Hawaii has come full circle since the 1990s when the possibility of marriage for same-sex couples led to the passage of the Defense of Marriage Act. Hawaii makes...
View ArticleGay Marriage in Utah (for now)
Developments on same-sex marriage defy the Yuletide blogger’s ability to keep up. Last Thursday the New Mexico Supreme Court recognized a right of same-sex couples to marry under the state...
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