Archive | March, 2013
What is the State of the Jones Trespass Test After Florida v. Jardines?
The Timing of the Same-Sex Marriage Case and Bickel’s Passive Virtues
The “Pretext” Argument Against Section Three of the Defense of Marriage Act
How to Figure Out When Laws Banning Same-Sex Marriage Became Unconstitutional and Why the Precise Date May Not Matter
By Ilya Somin on March 26, 2013 11:44 pm in Constitutional Theory, Gay Marriage, Gay Rights, Originalism, Sex Discrimination
Justice Kennedy on Proposition 8 and Sex Discrimination
By Ilya Somin on March 26, 2013 9:52 pm in Gay Marriage, Gay Rights, Same-Sex Marriage, Sex Discrimination