Supreme Court

Commentary on marriage decisions by Matt Coles

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June 26, 2013
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From Matt Coles, Deputy Legal Director of the ACLU: Counting Heads and Reading Tea Leaves: What Today’s Marriage Decisions May Mean for the Future Today’s decisions in Windsor v. United States and Hollingsworth v. Perry bring us much closer to something almost unimaginable just a few years ago: complete legal equality for LGB people. Windsor […]

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Excerpts from Justice Kennedy’s opinion in Windsor

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June 26, 2013
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“Against [a] background of lawful same-sex marriage in some States, the design, purpose, and effect of DOMA should be considered as the beginning point in deciding whether it is valid under the Constitution. By history and tradition the definition and regulation of marriage, as will be discussed in more detail, has been treated as being […]

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Supreme Court: Prop 8 defendants lacked standing to appeal

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June 26, 2013
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 The Supreme Court, in an unusual line-up, ruled that the Prop 8 proponents lacked standing to appeal the ruling by former U. S. District Court Judge Vaughn Walker, who found that Prop 8 violates the U.S. Constitution. As a result, the Ninth Circuit decision affirming that ruling is vacated. The case is now remanded back […]

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DoMA bites the dust

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June 26, 2013
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In a decision by Justice Kennedy, the Supreme Court ruled this morning 5 to 4 that the federal government must recognize the validity of same-sex marriages recognized under state law. Widely anticipated yet still wildly celebrated, the opinion was the first to invalidate a federal statute on the ground that it discriminates based on sexual […]

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Another civil rights defeat on voting rights; marriage decisions come tomorrow

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June 25, 2013
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In another 5-4 defeat for the progressive Justices, the Supreme Court today effectively eliminated the pre-clearance requirement of the Voting Rights Act.  In an opinion by Chief Justice Roberts in Shelby County v. Holder, the Court ruled that the pre-clearance process used to inhibit states with the worst history of discriminatory voting laws from passing […]

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Supreme Court report: Affirmative action survives, but the knives are out for Title VII

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June 24, 2013
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The Supreme Court finally ruled today in the affirmative action case that it heard last October, producing a 7-1 opinion (Kagan recused) that reads like a compromise, and probably one that was drafted and re-drafted multiple times over the last eight months. Civil rights advocates feared that the Court would overrule its 2003 decision in Grutter v. […]

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