I just finished reading the New Mexico trial court’s Elane Photography decision, and thought I’d blog a bit about it. Let me begin with the compelled speech question. Elane Photography — a husband-and-wife company in which the wife, Elaine Huguenin, is the head photographer (and I think the only routine photographer) — refused to photograph […]
Archive | Same-Sex Marriage
New Mexico Trial Court Upholds Sanctions Based on Wedding Photographer’s Refusal to Photograph a Same-Sex Wedding Ceremony
By Eugene Volokh on December 16, 2009 3:13 pm in Freedom of Speech, Religious Freedom, Same-Sex Marriage
The case is Elane Photography, LLC v. Willock, and I blogged about it here, when it was being considered by the New Mexico Human Rights Commission. The decision was handed down last Friday, but the opinion wasn’t distributed until yesterday. I hope to blog more about it today, but here’s my analysis from last year: […]
Same-Sex Marriage Ban Doesn’t Preclude Recognizing Same-Sex Couples’ Parental Rights
From Prashad v. Copeland: “[Ms.] Prashad, [Mr.] Copeland, and [Mr.] Spivey entered into a surrogacy agreement in Minnesota. Prashad was artificially inseminated with the sperm of both Copeland and Spivey. As a result, A.C.C. was born in Minnesota on August 10, 2004. Copeland was listed on the birth certificate as A.C.C.’s father, even though no […]
Same-Sex Marriages, the Spousal Privilege Not To Testify, and Iowa vs. Federal Law
From the Des Moines Register: Marla Stevens married Phyllis Stevens in a civil union in Toronto, Ontario, in 2005. [EV adds: Stevens’s response to the motion to compel say they “were married pursuant to civil ceremony in Canada on July 26, 2003,” which sounds like an outright marriage, not just a civil union.] Marla Stevens […]
Ninth Circuit Opinion in Washington State Referendum Signature Confidentiality Case Arrives:
This is the opinion the court promised last Thursday. I have to run, but I hope to blog more about this later tonight or tomorrow. UPDATE: D’oh! Forgot to post the link; just updated the post to include it.
Supreme Court Blocks Washington State Officials From Disclosing Names of Anti-Same-Sex-Marriage Petition Signers,
with one Justice dissenting. So reports SCOTUSblog; I’ll post more when I learn more. My post about Justice Kennedy’s similar action yesterday is here. For now, I continue to think that the Ninth Circuit’s decision overturning the district court’s preliminary injunction against release of the signatories’ names — and thus allowing the state to release […]
Justice Kennedy Temporarily Stays Release of Names of People Who Signed the Washington Anti-Same-Sex Marriage Initiative
I can’t find the order online yet, but the AP so reports: Kennedy’s ruling today temporarily blocks a federal appeals court ruling last week that ordered the release of the names. Kennedy said his order would remain in effect while he considers a request by a pro-marriage group that asked him to reverse the appeals […]
Ninth Circuit Overturns Preliminary Injunction Restraining Release of Names of Anti-Domestic-Partnership Petition Signers in Washington State:
The Ninth Circuit order states that “An opinion setting forth the reasons for the court’s reversal of the Preliminary Injunction Order shall be issued expeditiously and in due course,” so I can’t speak directly to the Ninth Circuit’s reasoning. But for reasons I mentioned when the release of the signers’ names was first enjoined, I […]