IU Law Professor Steve Sanders has a post on the ACS Blog discussing Obergefell v. Kasich, the S.D. Ohio decision I blogged about earlier that required Ohio to recognize a marriage from Maryland — a marriage performed on a jet that had touched down in Maryland for the ceremony. Sanders is quite critical of the […]
Archive | Same-Sex Marriage
Federal Court Orders Interstate Recognition of Same-Sex Marriage
As readers of the VC all surely know, the Supreme Court’s decision last month in Windsor struck down Section 3 of DOMA, which restricts the recognition of marriage for purposes of federal statutes. One of the big unanswered questions after Windsor was what would happen to Section 2 of DOMA, and more generally the question […]
A Crime to Conduct a Same-Sex or Polygamous Religious Wedding Ceremony in Indiana?
The Becket Fund had an interesting item about this on July 11 (sorry for the delay blogging, but I was out last week and with a poor Internet connection starting Wednesday): There was a recent blogstorm about what was by some billed as a new legislative attempt to criminalize religious — but not civil — […]
Is the Prop. 8 Litigation Really Over?
Same-sex marriages may have resumed in California, but the litigation over Proposition 8 may sputter along for a bit. At SCOTUSBlog, Tom Goldstein reports on some interesting post-decision filings in Hollingsworth v. Perry. Proponents of Proposition 8 are seeking the Supreme Court’s intervention to prevent the U.S. Court of Appeals for the Ninth Circuit from […]
No Jurisdiction to Review Proposition 8
A divided Supreme Court concluded that it lacks jurisdiction to review the constitutional challenge to Proposition 8, and the line-up is an odd one. The Chief writes the majority, joined by Justices Scalia, Ginsburg, Breyer, and Kagan. Justice Kennedy dissents, joined by Justices Thomas, Alito, and Sotomayor. From the Chief Justice’s opinion: The public is […]
Marriage 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 the culmination of years of effort, but especially the hard work we’ve done since a constitutional amendment was first placed on the election ballot in […]
Minnesota 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. If the bill passes the senate, it goes on to Governor Mark Dayton, who has pledged to sign it. You can watch […]
Minnesota 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 Press, is among the most protective of religious freedom in the country. You can watch the debate on the website of the Minnesota house […]
Same-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 vote on a marriage bill on Thursday. UPDATE: The Delaware Senate just passed the bill, 12-9. The state house has already passed the […]
Live: 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.
Linda Greenhouse’s Misrepresentation of the Federalism Argument Against DOMA
By Ilya Somin on April 4, 2013 2:16 pm in DOMA, Federalism, Gay Marriage, Gay Rights, Same-Sex Marriage
In a recent New York Times column, prominent Supreme Court commentator Linda Greenhouse grossly misrepresents the federalism argument against the Defense of Marriage Act put forward in an amicus brief co-signed by several federalism scholars, including co-bloggers Randy Barnett, Jonathan Adler, Dale Carpenter, and myself. She claims that it is a “Trojan horse” for an […]
DOMA and Definitions – A Final Comment
In his last post on the subject, Nick Rosenkranz concludes that “the mere fact of a federal definition, for purposes of federal law, does not violate principles of federalism.” On this we are entirely agreed. And if all Congress sought to do with Section 3 of DOMA was to define the semantic meaning of a […]
The Court’s Seven Options in the California Same-Sex Marriage Case
Before oral argument in the California Proposition 8 gay marriage case, Georgetown law professor Marty Lederman wrote a post outlining five possible options before the Court; I commented on it here. Since the argument, Lederman believes the number of possible options has grown to seven, as he outlines in this interesting post. The two new […]
Commentary on DOMA and Federalism
By Jonathan H. Adler on March 29, 2013 7:02 pm in DOMA, Federalism, Same-Sex Marriage, Supreme Court
Whatever the merits of the federalism concerns I and others have raised about the Defense of Marriage Act (DOMA), the issue is garnering a fair amount of attention. Here’s a brief round-up of some recent commentary: Mike Dorf, “The Federalism Argument that Should Have Been Made Against DOMA” – arguing that DOMA’s opponents missed an opportunity at […]
Three Senses in Which DOMA Implicates Federalism
By Dale Carpenter on March 29, 2013 10:54 am in Equal Protection, Federalism, Same-Sex Marriage, Sexual Orientation
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 and the Solicitor General, there were no real advocates for federalism as an issue during the oral argument in United States v. Windsor. No advocates, that […]