Warning: realpath() [function.realpath]: open_basedir restriction in effect. File(/home/hunterog/images) is not within the allowed path(s): (/home/hunterog/public_html:/usr/lib/php:/usr/local/lib/php:/tmp:/opt/cpanel/ea-php54/root/usr/share/pear:/opt/cpanel/ea-php55/root/usr/share/pear:/opt/cpanel/ea-php56/root/usr/share/pear:/opt/cpanel/ea-php70/root/usr/share/pear:/var/cpanel/php/sessions/ea-php54:/var/cpanel/php/sessions/ea-php55:/var/cpanel/php/sessions/ea-php56:/var/cpanel/php/sessions/ea-php70) in /home/hunterog/public_html/site/wp-includes/functions.php on line 1385

Warning: realpath() [function.realpath]: open_basedir restriction in effect. File(/home/hunterog/images) is not within the allowed path(s): (/home/hunterog/public_html:/usr/lib/php:/usr/local/lib/php:/tmp:/opt/cpanel/ea-php54/root/usr/share/pear:/opt/cpanel/ea-php55/root/usr/share/pear:/opt/cpanel/ea-php56/root/usr/share/pear:/opt/cpanel/ea-php70/root/usr/share/pear:/var/cpanel/php/sessions/ea-php54:/var/cpanel/php/sessions/ea-php55:/var/cpanel/php/sessions/ea-php56:/var/cpanel/php/sessions/ea-php70) in /home/hunterog/public_html/site/wp-includes/functions.php on line 1385
SCOTUSblog hosts debate on constitutionality of marriage exclusions | Hunter of Justice

SCOTUSblog hosts debate on constitutionality of marriage exclusions

by on August 24, 2011  •  In Constitutional law, Marriage, Supreme Court

Over at SCOTUSblog, there is yet another symposium/debate on gay marriage, specifically on whether/when/how and why laws banning it or barring recognition of it are likely to hit the dust. Combatants include 

Carlos Ball – Rutgers University School of Law

Bob Barr -  Former Representative for  Georgia’s Seventh Congressional District

Thomas Berg – University of St. Thomas School of Law

Dale Carpenter – University of Minnesota Law School

Erwin Chemerinsky – UC Irvine School of Law

David Cruz – USC Gould School of Law

William C. Duncan – Marriage Law Foundation

John Eastman – Chapman University School of Law

William Eskridge – Yale Law School

Maggie Gallagher – Institute for Marriage and Public Policy

Charles Fried – Harvard Law School

Andrew Koppelman – Northwestern University School of Law

Pamela Karlan – Stanford Law School

Robert Levy – Cato Institute

Laurence Tribe – Harvard Law School

Brian Raum – Alliance Defense Fund

Ruthann Robson – CUNY School of Law

Robin Wilson – Washington & Lee School of Law

Kenji Yoshino – New York University School of Law

Here's a sane contribution – with which I happen to agree :>) – from Andy Koppelman:

The Court hasn’t recognized a new suspect classification in decades, but it won’t need to take that step in order to strike down [DoMA].  For non-suspect classifications, the constitutional test is what is called rational basis review:  the law will be upheld in court if it is “rationally related to a legitimate state interest” (New Orleans v. Dukes). This usually means that the law will be upheld.  In a few rare cases, however, the Court has used the rational basis test to strike down laws.  In these cases, the Court deploys what scholars have called “rational basis with bite,” to distinguish it from the toothless test that is ordinarily applied.  This is the basis on which the Court is likely to invalidate DOMA.

About

Leave a Reply

Your email address will not be published. Required fields are marked *