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 same-sex marriage case. The outcome of the case is in as little doubt as in any major case in recent memory: most …
Lawyers Have a Conscience Too: The Role of BigLaw in the Fight for Marriage Equality
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 …
Continue Reading about Same-Sex Marriage: A View from Virginia →
What We Really Should Do This Thanksgiving
By Tom Watts In the aftermath of Ferguson, I keep reading pieces like this: what we should do now is learn, understand, and think. I find this advice irritating, because it seems futile. Things look bad right now, and social change will never come from progressives simply becoming more informed. We have to take the next step: talk with people. In particular, talk with people who disagree with you. Do it over Thanksgiving, and keep doing it throughout the whole holiday season. If you can broaden …
Continue Reading about What We Really Should Do This Thanksgiving →
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 …
Continue Reading about A SCOTUS Ruling on Gay Marriage: What’s it Actually Worth? →