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Bill Eskridge on Perry and the constitutional politics of marriage

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February 22, 2012

[posted at Stanford Law Review online] In Perry v. Brown, the Ninth Circuit ruled that California’s Proposition 8 violates the Equal Protection Clause.[1] Reacting to the state supreme court’s recognition of marriage equality for lesbian and gay couples, Proposition 8 was a 2008 voter initiative that altered the state constitution to “restore” the “traditional” understanding […]

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Prop 8 backers to seek en banc review

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February 21, 2012

From MetroWeekly: Charles Cooper, the lead attorney for the proponents of Proposition 8, tells Metro Weekly that the proponents of the California marriage amendment will be asking the full U.S. Court of Appeals for the Ninth Circuit to review the three-judge panel decision issued on Feb. 7 holding that Proposition 8 is unconstitutional. Although Cooper, […]

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The week ahead: February 20, 2012

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February 19, 2012

February 23-25 – A conference on Democracy and the Workplace at UNLV Law School, exploring the dynamics of employee participation in workplace governance issues. February 24 – A conference on Reproductive Justice: Examining Choice and Autonomy in the New Milennium will include discussion of access to reproductive technologies by lesbians; at Thomas Jefferson School of […]

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The week ahead: February 13, 2012

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February 13, 2012

Thursday, February 16 – London – Program on "Family Migration, Asylum and Same-Sex Couples in the U.S. and U.K"; details here. Friday-Saturday, February 17 -18 – "Privatization of Social Responsibility," a conference co-sponsored by the Feminist Theory Project at Emory Law School.

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Tomorrow, the merits

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February 6, 2012

The U.S. Court of Appeals for the Ninth Circuit will issue its decision tomorrow in Perry v. Brown, the challenge to the constitutionality of Prop 8. Actually, it will be the decision of the panel of three judges (randomly) assigned to hear the case: Reinhardt, Hawkins and Smith. Reinhardt and Hawkins seem almost sure votes […]

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No release of Prop 8 trial videotapes

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February 2, 2012

The Ninth Circuit ruled today that District Judge James Ware (who replaced retired Judge Vaughn Walker) abused his discretion by ordering the public release of videotapes made of the trial in which the constitutionality of Prop 8 was successfully challenged. The unanimous opinion, written by Judge Stephen Reinhardt, was limited to the specific facts of this […]

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