Posts Tagged ‘Due Process’

Equality: Now you see it, now you don’t

June 27, 2013

  [Cross-posted at The Nation] It was the best of weeks and the worst of weeks at the Supreme Court. On Wednesday the Court struck down a law that erased the marriages of same-sex couples from the benefits and burdens of all federal programs, and pulled the plug on efforts to keep a ban on […]

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Excerpts from Justice Kennedy’s opinion in Windsor

June 26, 2013

“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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Sexual liberty and equality

May 5, 2013

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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Marriage @ the Supreme Court: What happened in the Prop 8 argument?

March 26, 2013

The Supreme Court Justices hearing the Prop 8 case this morning were all over the place.  I have posted at an elaboration of why the best word to describe the argument is fractured. To see if you agree with me, you can read the transcript for yourself, and listen to the argument as well.  […]

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Marriage @ the Supreme Court: Prep for the Prop 8 argument

March 25, 2013

The first gay marriage case to be argued (ever) in the Supreme Court is set for tomorrow at 10 am, in Hollingsworth v. Perry, the challenge to Prop 8. Here are some important points to listen for: At the logical threshold of the case lies a question that has nothing to do with gay marriage: standing, a technical legal […]

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Off we go into the wild blue Senate: key DADT repeal vote tomorrow

December 17, 2010

This could be it – Harry Reid has scheduled a cloture vote on the stand alone bill to repeal DADT for tomorrow, and if that is successful, the final vote could come later in the weekend or early next week.  HR 2965 repeats the language regarding the process of transition agreed to last summer, and will […]

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