Harvard Law & Policy Review

same sex marriage

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

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

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

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

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

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

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

Lawyers Have a Conscience Too: The Role of BigLaw in the Fight for Marriage Equality

by

By Ana Choi On April 28, the Supreme Court will hear oral arguments for Obergefell v. Hodges, the case that could finally and conclusively bring marriage equality to all states. Public attention is mostly focused on what the Supreme Court will decide and how they will reach their decision, but this case also brings up interesting questions about the role of lawyers in cases … [Read more...] about Lawyers Have a Conscience Too: The Role of BigLaw in the Fight for Marriage Equality

Same-Sex Marriage: A View from Virginia

by

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 … [Read more...] about Same-Sex Marriage: A View from Virginia

Equality and Liberty in the Same-Sex Marriage Case

by

By Michael C. Dorf Since the Supreme Court’s 2013 decision in United States v. Windsor, invalidating Section 3 of the Defense of Marriage Act, a clear majority of lower courts to hear challenges to state laws forbidding same-sex marriage have found for the plaintiffs. Some state executive officials—like those in New Jersey and Pennsylvania—graciously accepted defeat and did … [Read more...] about Equality and Liberty in the Same-Sex Marriage Case