There was not much mystery as to how this one was going to turn out. Kim Davis’ legal arguments for why she should not be required to follow the Supreme Court’s same-sex marriage ruling were paper thin. They got her nowhere. The only real question was whether the Kentucky county clerk was going to back … Continue reading Defying the Court
The next wave of litigation involving same-sex marriage is now underway. In the wake of the Supreme Court’s ruling last June striking down same-sex marriage bans across the nation in Obergefell v. Hodges, various individuals have been claiming a constitutional right to continue resisting same-sex marriage. At the core of these cases is what Justice … Continue reading Religious Liberty and Resistance to Same-Sex Marriage
What did we learn from yesterday’s oral arguments in the historic same-sex marriage cases? The basic take-away seems to be that the issue looks a lot harder inside the Supreme Court than it does outside. The run of success for the cause of same-sex marriage—in state legislatures and referenda, in state courts and the lower … Continue reading Oral Arguments in the Same-Sex Marriage Cases—What Did We Learn?
The Supreme Court heard oral argument in the historic case of Obergefell v. Hodges, the same-sex marriage cases, which ask two questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?, and 2) Does the Fourteenth Amendment require a state to recognize a marriage between … Continue reading Predicting the Winner in Obergefell v. Hodges, the Same-Sex Marriage Cases
Today, the U.S. Supreme Court hears oral arguments in Obergefell v. Hodges, a consolidation of cases that ask the Court to consider two key questions about same-sex marriage: Is there a constitutional right to same-sex marriage? And are states required to recognize same-sex marriages performed in other states? Because of the landmark nature of this case, … Continue reading Oyez Covers Same-Sex Marriage Arguments
“Courts are just people. They’re just men and women dressed in black robes who have no power to re-declare, or declare, the social foundation of this nation as being unconstitutional.” These were the words of Roy S. Moore, chief justice of the Alabama Supreme Court. Moore is a man with a proud history of defying … Continue reading Defying the Federal Courts
The big same-sex marriage case. We now know it’s coming (arguments in April). We’re pretty sure we know how it’s going to come out (same-sex marriage bans will fall across the nation). And assuming it comes out the way we think it will, when it comes down, sometime in late June, we know it will … Continue reading The Waiting Game
Red and blue Americans agree on precious little, but there is one thing that seems to be on every politician’s Christmas list this season: Supreme Court review of a same-sex marriage case. Everyone, it seems, is asking the Court to take on the issue. Proponents of same-sex marriage are confident that they now have the … Continue reading Why Does Everyone Want the Supreme Court to Take a Same-Sex Marriage Case?
There has been much discussion about the Supreme Court’s recent string of highly consequential actions in which the justices have been conspicuously silent about what they are doing. Because of the great lengths the justices go to lay out the precise reasoning of their decisions, they often proudly proclaim the Court as the most transparent … Continue reading Some Thoughts on a “Silent” Supreme Court
Case: United States v. Windsor Tomorrow, Thursday, October 10, Chicago-Kent will host a panel discussion on the same-sex marriage cases the Supreme Court decided last June. This event marks the law school’s belated celebration of Constitution Day (Sept. 17). The symposium is funded largely through a grant from the Jack Miller Center’s Constitution Day Initiative. … Continue reading Guest Post: Constitutional Interpretation in the 21st Century, by Christopher Schmidt