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13 Jun 2022, 9:01 pm by Jon May
Since Justice Samuel Alito’s draft opinion in Dobbs was leaked to Politico, constitutional scholars and pundits have expressed the fear that this decision will be used strike down Supreme Court cases upholding same-sex marriage, contraception use by married couples and single persons, and sex between same-sex individuals. [read post]
By the time it was decided, as future Justice Robert H. [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
  Many warn that reinvigorating the test imperils the rights to contracept (Griswold and Eisenstadt), enter interracial marriages (Loving), pursue same-sex relationships (Lawrence), and have them recognized as marriages (Obergefell). [read post]
16 May 2022, 4:43 am by Jonathan H. Adler
He notes the increasing spread and acceptance of same-sex marriage and that marriages implicate more substantial reliance interests (as that concept has been traditionally understood in the law) than does a right to abortion. [read post]
9 May 2022, 9:00 am by Robbie Kenney
” The duties of a deputy registrar could include receiving birth certificates and death certificates; issuing burial permits, and copies of birth, death, marriage, civil union, and domestic partnership certificates; taking the oath on marriage and civil union license applications; and issuing marriage and civil union licenses and register domestic partnerships. [read post]
9 May 2022, 7:30 am by James Romoser
Marimow, The Washington Post) If Roe Falls, Is Same-Sex Marriage Next? [read post]
8 May 2022, 9:08 pm by Karis Stephen
Hodges, which protects the right to gay marriage. [read post]
7 May 2022, 12:38 pm by Russell Knight
Roberts, 872 NE 2d 382 – Ill: Appellate Court, 4th Dist. 2007 “A de novo review entails performing the same analysis a trial court would perform. [read post]
6 May 2022, 5:57 am by Neil H. Buchanan
" Until this week, the theory all along had been that Chief Justice Roberts would convince the fire-breathers not to do anything politically explosive so close to the midterms. [read post]
5 May 2022, 12:41 pm by Dale Carpenter
[What the Alito draft tells us about a possible future for same-sex marriage.] [read post]
4 May 2022, 7:32 pm by Ilya Somin
Just two years ago, the Supreme Court ruled that discrimination against gays and lesbians qualifies as sex discrimination under the Civil Rights Act of 1964, in a decision written by conservative Justice Neil Gorsuch, and joined by Chief Justice John Roberts. [read post]
4 May 2022, 8:49 am
I realize this goes back a long way, but one of the debates I had with Robert Bork was whether — whether Griswold vs. [read post]
3 May 2022, 11:53 am by Eric Segall
Chief Justice Roberts ended his dissent in Obergefell by saying: If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. [read post]
18 Apr 2022, 4:30 am by Michael C. Dorf
It could be retained today on stare decisis grounds, but instead, the Rehnquist and Roberts Courts--with the enthusiastic backing of the most originalist justices--have extended it. [read post]
28 Mar 2022, 9:01 pm by Michael C. Dorf
For example, in questioning Judge Jackson last week, Texas Senator John Cornyn repeatedly referred to the right to same-sex marriage, which the Supreme Court recognized in Obergefell v. [read post]