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Harvard Law & Policy Review

gay marriage

Gay rights wins small, not big, at the Supreme Court

June 26, 2015 by

By Tom Watts* Today, on the anniversary of Lawrence v. Texas and United States v. Windsor, the Supreme Court declared in Obergefell v. Hodges that states that deny legal recognition to same-sex couples are violating the Constitution. Marriage equality is the law of the land. This is a victory for the gay rights movement, which has been fighting for the right to marry for … [Read more...] about Gay rights wins small, not big, at the Supreme Court

From Windsor to Obergefell: The Struggle for Marriage Equality Continued

April 28, 2015 by

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 gay … [Read more...] about From Windsor to Obergefell: The Struggle for Marriage Equality Continued

Same-sex Marriage Preview IV

April 28, 2015 by

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 the Supreme Court might analyze the validity of the state same-sex … [Read more...] about Same-sex Marriage Preview IV

Same-sex Marriage Preview III

April 28, 2015 by

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, the next question the Supreme Court must answer is what level of … [Read more...] about Same-sex Marriage Preview III

Same-sex Marriage Preview II

April 27, 2015 by

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 sexual orientation classification on the face of the law. In this … [Read more...] about Same-sex Marriage Preview II

Same-sex Marriage Preview I

April 26, 2015 by

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 at all once: oral argument in Obergefell v. Hodges, the Supreme Court’s … [Read more...] about Same-sex Marriage Preview I

A SCOTUS Ruling on Gay Marriage: What’s it Actually Worth?

November 2, 2014 by hlsjrnldev

By HLPR Online Staff Since the Supreme Court’s June 2013 ruling in United States v. Windsor—holding the federal Defense of Marriage Act unconstitutional—gay rights advocates have brought a tidal wave of lawsuits across the country successfully challenging state bans on same-sex marriage. On October 6th of this year, the Supreme Court denied cert in cases from five states, … [Read more...] about A SCOTUS Ruling on Gay Marriage: What’s it Actually Worth?

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