Tagged LGBT rights

From Windsor to Obergefell: The Struggle for Marriage Equality Continued

To mark today’s oral arguments in the same-sex marriage cases, HLPR online has released a Student Note from Volume 9.2 early! The Note is Tom Watts’s From Windsor to Obergefell: The Struggle for Marriage Equality Continued. Tom Watts, a fourth-year JD/MPP at Harvard Law School and Harvard Kennedy School, writes: Prior scholarship has examined the legal history of the…

Same-sex Marriage Preview IV

By Tom Watts* This is the fourth and final post in a series of blog posts previewing some of the conceptual questions that may appear in the same-sex marriage oral arguments on Tuesday. Part I is here, Part II is here, and Part III is here. In the previous three posts, I discussed the ways in which…

Same-sex Marriage Preview III

By Tom Watts* This is the third in a series of blog posts previewing some of the conceptual questions that may appear in the same-sex marriage oral arguments on Tuesday. Part I is here, and Part II is here. In previous posts, I discussed whether same-sex marriage bans classify by sexual orientation. If they do,…

Same-sex Marriage Preview II

By Tom Watts* This is the second in a series of blog posts previewing some of the conceptual questions that may appear in the same-sex marriage oral arguments on Tuesday. Part I is here. In the previous post, I discussed the prospect of the Supreme Court deciding that a state same-sex marriage ban was a…

Same-sex Marriage Preview I

By Tom Watts* This is the first in a series of blog posts previewing some of the conceptual questions that may come up in the same-sex marriage oral arguments on Tuesday. Part II is here. On Tuesday, we will have the legal equivalent of the Super Bowl, a presidential election, and the finale of Seinfeld…

Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground?

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Abner S. Greene’s Religious Freedom and (Other) Civil Liberties: Is There a Middle Ground? Professor Greene, who is the Leonard F. Manning Professor at Fordham Law School, writes: The question will always be in…

Religion and Marriage Equality Statutes

To mark the release of Volume 9.1, Notice & Comment will be highlighting each of the articles in its own blog post. Today’s featured article: Professor Nelson Tebbe’s Religion and Marriage Equality Statutes. Professor Tebbe, a visiting professor at Cornell Law School, writes: To date, every state statute that has extended marriage equality to gay and…

What Really Happened in Indiana?

By Allison Schultz On March 26th, Indiana Governor Mike Pence signed Indiana’s Religious Freedom Restoration Act (RFRA) into law. Unlike the federal RFRA and most other state RFRAs, Indiana’s law explicitly stated that it could be invoked as a defense in private litigation — lawsuits in which the government is not a party. As the…

Same-Sex Marriage: A View from Virginia

The following is a question-and-answer with Stuart Raphael, the Solicitor General of Virginia. Virginia has filed an amicus brief supporting the plaintiffs in Obergefell v. Hodges, a Supreme Court case challenging state same-sex marriage bans. Virginia’s same-sex marriage ban was struck down by a federal court last year in Bostic v. Schaefer. Q: Virginia’s amicus brief in Obergefell…

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