[Updated with link to Prof. Hayes’s new paper.] The man-bites-dog story of Germany legalizing then banning bestiality raises the question of the constitutionality of such laws in the U.S. Most states criminalize zoophilia, and in many places the bans have been enacted quite recently. Moreover, the laws are from time to time enforced. The 14th […]
Archive | Gay Rights
Government Out of Bedrooms, but into Barnyards
By Eugene Kontorovich on December 2, 2012 6:52 pm in Constitutional Law, Fourteenth Amendment, Gay Rights, Libertarianism, Privacy, Sexual Conduct Restrictions, Sexual Orientation, Uncategorized
I should say at the outset that I approach this delicate subject sheepishly, but this development bears noting. In a rare example of a Western country taking steps to restrict previously recognized sexual liberties, Germany is seeking to ban bestiality. (Its supporters call it zoophilia – are opponents zoophobes?) This will presumably put out to […]
“The Most Significant Cases These Nine Justices Have Ever Considered”
By Dale Carpenter on November 30, 2012 12:22 pm in DOMA, Gay Marriage, Gay Rights, Same-Sex Marriage, Sexual Orientation, Uncategorized
Tom Goldstein at SCOTUSBlog presents the matter succinctly: At their Conference today, the Justices will consider petitions raising federal constitutional issues related to same-sex marriage. These are the most significant cases these nine Justices have ever considered, and probably that they will ever decide. I have never before seen cases that I believed would be discussed […]
Winning Minnesota
By Dale Carpenter on November 8, 2012 3:06 am in Democracy, Gay Rights, Same-Sex Marriage, Sexual Orientation
Most of the post-election attention to the gay-marriage ballot fights has focused on the inspiring wins in Maine, Maryland, and Washington state, where same-sex marriages will now be legal. But equally important in the long-term is what happened in Minnesota on Tuesday. Eighteen months ago, when the state legislature voted to place a ban on same-sex marriages on […]
Fear That Children Will Be Teased About Parent’s Homosexual Relationship as Basis for Denying Parent Custody?
Impermissible, holds Maxwell v. Maxwell (Ky. Ct. App. Oct. 19, 2012): [W]e now turn to the family court’s decision to award Robert sole custody. We begin by addressing Angela’s contention that the court erred by considering factors unrelated to the best interests of the children. The focus of the family court’s decision was that Angela’s […]
Does DOMA Discriminate on the Basis of Sexual Orientation, Gender, or Both?
Today’s Second Circuit decision striking down a part of the Defense of Marriage Act holds that laws discriminating on the basis of sexual orientation are subject to heightened “intermediate” scrutiny. But it is not clear that DOMA actually discriminates on the basis of sexual orientation, as opposed to gender. As I explained in the context […]
Ukrainian Bill Banning “Promotion of Homosexuality” Passes First Reading, with 289 Votes (out of 350 Present)
So report RIA Novosti, Radio Free Europe/Radio Liberty, the Kyiv Post, and Lenta.ru (in Russian). From the Radio Free Europe/Radio Liberty story: The draft, approved by lawmakers on October 2, would make what it calls “promotion of homosexuality” — defined as taking action to create a positive portrayal of gays — a crime. Supporters of […]
Anonymity Granted to Catholic Donor Opposed to Marriage Amendment, But Amendment Supporters Object
By Dale Carpenter on September 3, 2012 10:01 pm in Constitutional Amendments, Election Law, Gay Marriage, Gay Rights, Same-Sex Marriage
In Minnesota, pro- and anti-gay marriage activists are fighting over political campaign disclosure laws, though this time the usual roles are reversed. On August 17, the Minnesota Campaign Finance and Public Disclosure Board ruled that the group working to defeat a constitutional amendment banning gay marriage does not have to disclose the name of a Catholic contributor to the […]
Moscow City Court Upholds Ban on Gay Pride Parades
According to Interfax: The Moscow City Court has again upheld a ban on gay pride parades in Moscow for the next 100 years…. According to earlier reports, the organizers of the Moscow gay pride parade on August 23 submitted to the Moscow government and the Moscow Main Interior Affairs Department notices of their intention to […]
Federal Judge in Hawaii Rejects Same-Sex Marriage Claim
By Dale Carpenter on August 11, 2012 4:11 pm in Constitutional Law, Gay Marriage, Gay Rights, Same-Sex Marriage, Sexual Orientation
In Hawaii, gay couples may enter civil unions with all the state-based rights and legal protections of marriage, but without the official designation of being “married.” Same-sex couples sued to have the status of marriage, urging that they had a fundamental right to marry under the Due Process Clause and that the state could not […]
Ukrainian Legislators Proposing Ban on “Propaganda of Homosexuality”
The New York Times reports on this in English; here are also some Russian-language sources, Kommersant (Ukraine), URA-Inform (Ukraine), and Regions.ru (Russia). According to the Times, the proposal would define the prohibited propaganda as “positive public depiction of gays in public,” and the other articles seem consistent with that; if anyone can point me to […]
First Circuit Unanimously Strikes Down DOMA Section 3
By Dale Carpenter on May 31, 2012 12:12 pm in DOMA, Equal Protection, Federalism, Gay Marriage, Gay Rights, Same-Sex Marriage
The opinion is here. The panel concluded that the Defense of Marriage Act, barring federal recognition of same-sex marriages, violates Equal Protection. On a quick reading, it appears the court applied “rational basis with bite” scrutiny based on the arguments that the exclusion (1) denied important federal rights and benefits to a small class of married couples, and […]
The Incoherence of President Obama’s Stance on Gay Marriage
By Jonathan H. Adler on May 10, 2012 12:59 pm in Federalism, Gay Marriage, Gay Rights, Same-Sex Marriage
Yesterday the President told ABC News that he believes same-sex couples should be able to get married. So far so good. He further told ABC that he believes this is an issue that should be left to the states which are “arriving at different conclusions at different times.” I have nothing to complain about here, […]
Another Issue Where Obama and I Agree
President Obama’s recent announcement that he supports gay marriage is yet another addition to the short but distinguished list of issues on which the President and I agree. Previous entries include creating a playoff system for college football, allowing gays and lesbians to serve openly in the military, ending the home mortgage interest deduction for […]
Speaking Engagements This Week
By Dale Carpenter on April 10, 2012 12:28 pm in Flagrant Conduct: Lawrence v. Texas, Gay Rights, Sexual Conduct Restrictions, Sexual Orientation, Supreme Court
This week I’ll be discussing my new book, Flagrant Conduct: The Story of Lawrence v. Texas, at two different venues. On Thursday, the Charles Hamilton Houston Institute for Race & Justice will sponsor a speech at Harvard Law School from 5:30-7:00 p.m. Details are available here. On Friday evening at 7:00 p.m., I’ll be speaking […]