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 that involve controversial public policy issues. A New York Times article has recently reported that no major law firms …
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 v. Hodges focuses extensively on refuting the “narrowest historical context” approach. Can you give us a brief …
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Equality and Liberty in the Same-Sex Marriage Case
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 not appeal. Some—like those in Virginia—saw the light and became vigorous advocates for the rights of their gay and …
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A SCOTUS Ruling on Gay Marriage: What’s it Actually Worth?
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, leaving in place lower court rulings striking down same-sex marriage bans. Though many had hoped the Court would hear the …
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So is gay marriage constitutional or what?
By Tom Watts In light of the Virginia gay marriage decision last week, Bostic v. Rainey, it seems appropriate to revisit the constitutional status of gay marriage. The courts have moved rapidly on this issue, and a summary from even a year ago would do little justice to the current situation. As Slate has pointed out, gay rights have done well in the courts since the Windsor case. Windsor was not easy to construe at the time, because, as Professor Joslin noted shortly after the case, “the …
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The Supreme Court and Standing
By Tom Watts Today, the Supreme Court dismissed the appeal on California’s Proposition 8 in Hollingsworth v. Perry, allowing the District Court’s decision overturning Prop 8 to stand. This decision returned California to the list of states permitting same-sex marriage. With this decision, accompanied by the defeat of DOMA in United States v. Windsor, today was a great day in the fight for gay rights. But as the just euphoria over a major civil rights victory at a court that has been quite …