Marriage (litigation) is breaking out all over

July 31, 2013

Since the Supreme Court ruled the Defense of Marriage Act unconstitutional a month ago, gay marriage litigation is growing like weeds in a vacant lot. Some cases were pending when Windsor was decided, some have been filed since then, and at least two involve what will probably become the biggest single category: cases that arise […]

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Ohio federal judge orders recognition of Maryland same-sex marriage

July 22, 2013

In a case with heartbreaking facts, U.S. District Judge Timothy Black, sitting in Cincinnati, has ordered the registrar of vital statistics to classify a man as married who was flown to Maryland in a medically equipped jet so that he and his partner could marry before his death. Judge Black noted that John Arthur, who […]

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For red politicians in purple states, gay marriage is a nightmare

July 11, 2013

Despite his bromance with President Obama and Prince Harry, New Jersey Governor Chris Christie is in a pickle. One one hand, he’s a conservative governor elected in a traditionally blue state, which gives some plausibility for messaging (horrible word) that he’s moderate, and that’s significant. Because unless something very strange happens, he’s going to run […]

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Trans bathroom access case reaches Maine Supreme Court

June 13, 2013

The Maine Supreme Judicial Court heard arguments yesterday in Doe v. Clenchy, involving a transgender girl and her family who sued Orono school officials over her access to the girls bathroom. The state’s Human Rights Act prohibits discrimination based on sexual orientation, which the state has defined to include gender identity. The plaintiff is now […]

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Court hears Romer-style challenge to Tennessee law

June 11, 2013

From Equality on Trial: A Tennessee court of appeals heard arguments Monday in [Howe v. Haslam,] the challenge to HB600, nicknamed the Special Access to Discriminate (“SAD Act”) by equality organizations. The law stripped local governments in the state of their non-discrimination protections for LGBT Tennesseans. The challenge, argued by Shannon Minter of the National […]

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What will happen in California after the Supreme Court rules?

May 31, 2013

If, as many including myself believe likely, the Supreme Court resolves the Prop 8 case by either finding that the proponents of Prop 8 lack standing or that the Court should dismiss the appeal on prudential grounds, what will happen to marriage law in California? Ultimately, but perhaps in a prolonged and ragged fashion, Prop […]

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