Larry Tribe predicts mixed results in Supreme Court, criticizes Obama and California

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May 14, 2013
Prop8-SCOTUS-Cop-Crowd

  The Harvard Law School website has an interview with Professor Larry Tribe with his predictions about what the Supreme Court is most likely to do in the two pending gay marriage cases: [M]y hunch – and it is only that – is that the Court will narrowly conclude that the DOMA [Defense of Marriage [...]

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State employee partner benefits in Michigan still viable

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May 6, 2013
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By not accepting review in a case, the Michigan Supreme Court has in effect allowed public employee partner benefits to remain in force, despite the decision by voters in 2004 to adopt a state constitutional amendment banning same-sex marriage and “similar unions.” Earlier this year, an intermediate appellate court ruled that state employee eligibility for [...]

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Time to polish up those seminar papers

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May 6, 2013
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  May 17 is the deadline for three law student awards to be presented at the Lavender Law Conference in August. Two are writing awards for papers that address either any lgbt legal issue or an issue related specifically to judicial diversity or judicial ethics.  The third is an award recognizing student leadership on these [...]

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Sexual liberty and equality

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May 5, 2013
Hunter-Of-Justice

Following is the essay I presented at the January ACS Conference at UCLA on the 40th anniversary of Roe v. Wade and the 10th anniversary of Lawrence v. Texas. The piece is now posted at UCLA Law Review Discourse, where you can also download it in pdf – We, the people, declare today that the [...]

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Back to the future with Title VII?

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April 21, 2013
DC

The idea of a national law prohibiting job discrimination based on sexual orientation is so old that it could have grandchildren by now.  (Maybe that’s how to think of the marriage campaign – equality demands skipped a generation.) At any rate, there continues to be no immediate future for enactment of such a law in [...]

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Where Lawrence fears to tread

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April 13, 2013
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Ten years ago, the Supreme Court ruled in Lawrence v. Texas that a state could not criminalize consensual adult sexual conduct because of a belief that the conduct was immoral. It carefully limited the decision, however, noting that sex work, for example, did not fall within the scope of the liberty right being protected. Thus [...]

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