Search for: "Matter of Marriage of Bowers"
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12 Sep 2023, 3:30 am
Texas overruled Bowers, now depicting “homosexual sodomy” as a matter of personal privacy and constitutional liberty that Fourteenth Amendment due process norms indeed acknowledged. [read post]
9 Jul 2023, 4:46 am
Whether we choose to refer to that as “Holy Matrimony” or simply as “marriage according to the law, rights and ceremonies of the Church of England” really does not matter. [read post]
20 Jan 2023, 6:30 am
One of the things that originalists understand and that Vermeule seemingly doesn't is that a democratic constitution is supposed to be an exercise of popular sovereignty, and that has to matter for its role in present political life. [read post]
[Eugene Volokh] Free Speech Rules, Free Speech Culture, and Legal Education: Responses to Objections
6 Dec 2022, 5:01 am
Gay and lesbian students, for instance, may understandably take personally speech that (say) proposes a rejection of same-sex marriage, a return to "Don't Ask, Don't Tell" in the military, or a return to Bowers v. [read post]
23 Oct 2022, 6:30 am
O’Connor, who joined Bowers, concurred in Lawrence on narrow equal protection grounds and only the liberal Justices--Ginsburg, Breyer, Sotomayor, Kagan--joined the Obergefellmajority). [read post]
22 Aug 2022, 4:30 am
Pre-reflective intuitions and the views assumed by our actual practices are a good starting point for moral reasoning, but they are hardly the end of the matter. [read post]
9 Aug 2022, 4:30 am
But the same could be said about the same-sex marriage cases. [read post]
12 Jul 2022, 10:07 am
The central holding of Bowers has been brought in question by this case, and it should be addressed. [read post]
28 Jun 2022, 6:23 am
Bowers v. [read post]
25 Jun 2022, 12:01 pm
Hodges (2015) (thereby striking down laws banning same-sex marriage). [read post]
27 Dec 2021, 4:30 am
None of the Justices who have made plain their commitment to denying women the right against forced pregnancy and labor would permit laws barring marriage (the foundation of non-sinful intercourse) or interracial marriage (such as Justice Thomas's marriage to Virginia Thomas). [read post]
13 Sep 2021, 6:02 pm
Obergefell had to disregard the overwhelming majority of states that had protected opposite-sex marriage: Kennedy wrote: The right to marry is fundamental as a matter of history and tradition, but rights come not from ancient sources alone. [read post]
22 Jan 2021, 6:00 am
It was a matter of framing. [read post]
13 Oct 2019, 7:20 pm
That year, it held in Bowers v. [read post]
28 Jun 2018, 10:25 am
Hodges that the Constitution guarantees a right to same-sex marriage. [read post]
2 Jul 2017, 8:40 pm
Note first the court’s approving quotation from the Fifth Circuit characterizing Obergefell as a protecting only a form of “‘sexual relations.'” That characterization demeans the right to marry as much as the opinion in Bowers v. [read post]
8 Jul 2016, 7:23 am
Most of the books you mention (like The Brethren too, for that matter) were written while the Burger Court was still ongoing. [read post]
17 May 2016, 3:56 pm
A little more than a year later, in September 2010, Andrea caused David to file a petition for dissolution of his marriage to Lynn. [read post]
11 Mar 2016, 7:42 am
One child was born of the marriage, and the primary issue in the case involved custody of the parties' minor child. [read post]
10 Jul 2015, 5:43 am
Dorf:(1) there is a difference between support for same-sex marriage as a policy matter and as a constitutional matter; (2) premature constitutionalization of a right that cannot yet be said to be deeply rooted in the nation’s history and traditions risks undermining long-term support for the right because defeat of the anti-same-sex-marriage position in the democratic process would be more acceptable; and (3) the majority’s logic opens the door to… [read post]