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 [...]
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 [...]
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 [...]
“Do you think they will punt on this one too?” That was the first thing I heard this morning in the Supreme Court pressroom. And though one can never be sure of anything after an oral argument, it looks to me like there will be no jurisdictional punt on the DOMA case. Unlike the Prop [...]
Tomorrow morning starting at 10, the Justices return for day 2 of their gay marriage marathon. In United States v. Windsor, they will decide whether the federal government must recognize the marriage, valid under New York law, of Edie Windsor (above, R) and the late Thea Spyer (L). (Photo taken early in their 44-year relationship.) [...]
The Supreme Court Justices hearing the Prop 8 case this morning were all over the place. I have posted at TheNation.com 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. [...]