The state legislature has voted to grant same-sex couples the same benefits and rights as married couples under the title “civil union.” Apparently fearing claims of discrimination, which have not succeeded elsewhere, the state legislature also made civil unions available to opposite-sex couples. It’s not known whether the governor will sign the bill. Hawaii touched off the […]
Author Archive | Dale Carpenter
Add Bad Ethics to the Problems of “Don’t Ask, Don’t Tell”?
By Dale Carpenter on April 6, 2010 5:29 pm in Afghanistan, Don't Tell (DADT), Executive Branch, Military, Sexual Orientation
My colleague Richard Painter, former chief ethics counsel to President Bush, thinks so because it “institutionalizes dishonesty.” Last fall, he sent a letter outlining his concerns to President Obama, whose administration has been lumbering toward pushing for a congressional repeal. “It is the only instance I know of,” writes Painter, “in which an employee of the United States government […]
The Future of Same-Sex Marriage
That’s the title of a symposium to be held this Friday at the University of San Francisco School of Law. Panels will address empirical data on the effects of recognizing (or refusing to recognize) same-sex marriage, the ongoing federal Prop 8 litigation, the role of social movements in reforming marriage, and claims of conflict between […]
A Leading Judicial Indicator?
While the Supreme Court’s per curiam opinion today deals with legal matters apart from SSM, it is a potentially ominous development for the pro-SSM litigants. The majority here — split along familiar ideological lines, with Justice Kennedy joining (and Orin suggests, writing for) the majority — paints a picture of a district judge and to some extent […]
Olson’s Conservative Case for Gay Marriage
On the eve of a federal Prop 8 trial in a San Francisco district court, Ted Olson is channeling Andrew Sullivan and Jon Rauch. I agree with almost all of the essay, which is nicely and powerfully argued, except the idea that it isn’t “too soon” to pursue this in federal court. An ultimate loss in […]
Gay Marriage in Washington, D.C.
The D.C. city council, by a vote of 11-2, has given final approval to a bill authorizing same-sex marriage. The vote caps a years-long lobbying effort by gay activists, including the main author of the bill, city council member David Catania. The mayor is expected to sign it. Opponents have a few options at this point, […]
Live NY Senate Debate on an SSM bill
Scroll down a bit to see the live feed. UPDATE: The state senate rejected the same-sex marriage bill, 38-24. That has to be considered a surprisingly lopsided margin. Eight Democrats joined all of the Republicans in voting against. With the window on gay marriage closing in New Jersey for the next four years, at least, […]
Let Them Rot
Rhode Island Governor Donald Carcieri (R) has vetoed a bill that would have allowed domestic partners to provide for the burial of their loved ones, just as spouses and blood relatives are entitled to do under state law. In a veto message, Carcieri said he rejected the bill because the one year minimum requirement for the […]
There’s Always Next Year
The 53%-47% loss for gay marriage in Maine is a beginning, not an end. We have been down this road many times, with gay-equality advocates losing the first (or first few) rounds in popular referenda on lots of issues other than marriage. In fact, gay-rights measures historically have not fared well in popular votes. In […]
DOJ Brief in Another DOMA Case:
Today the DOJ filed its motion to dismiss in another case challenging the Defense of Marriage Act, Gill v. OPM, pending in a Massachusetts district court. It argues that DOMA is constitutional because (1) there is no basis for applying heightened scrutiny to the denial of federal benefits to same-sex couples married in Massachusetts, and […]
Libertarian Squishiness:
This morning’s Times has a lengthy story about how Ted Olson came to file a federal lawsuit challenging the constitutionality of Prop 8 and, by implication, all laws limiting marriage to one man and one woman. One interesting thing about the article is how few right-leaning commentators are cited as publicly criticizing Olson, a stalwart […]
DOJ Boosts the Cause of SSM:
The Obama Justice Department today filed a reply brief supporting its motion to dismiss in Smelt v. United States, a constitutional challenge to DOMA filed a few months ago in a California district court. Readers may remember that back in June the DOJ supported its motion to dismiss with some merits arguments that justifiably angered […]
“No Gay Couples Allowed”:
John Culhane is continuing a series of posts this week on religious liberty and gay marriage. (See here, here, and here) The posts have been very informative and lively. In today’s post, he takes the view that there is no need for special religious-liberty exemptions in SSM but offers an especially creative and interesting alternative. […]
Blog Series on SSM and Religious Liberty:
Professor John Culhane is doing a series of posts this week on the nature, extent, and potential resolution of conflicts between religious liberty and the legal recognition of same-sex marriage. The first post, a useful and interesting taxonomy of the issues, is up this morning. I recommend it to those who follow the subject.
(Not Just) Another DOMA Challenge:
The federal complaint in Commonwealth v. HHS was filed yesterday by Massachusetts, which is asking for federal recognition of its same-sex marriages, not for the invalidation of all state laws limiting marriage to opposite-sex couples. Massachusetts makes two federalism-based constitutional claims against Section 3 of DOMA, which defines marriage as the union of one man […]