Search for: "Matter of Marriage of Bowers" Results 1 - 20 of 63
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12 Sep 2023, 3:30 am by Pat Gudridge
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 by Frank Cranmer
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 by Guest Blogger
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]
6 Dec 2022, 5:01 am by Eugene Volokh
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 by Guest Blogger
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 by Michael C. Dorf
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]
12 Jul 2022, 10:07 am by Josh Blackman
The central holding of Bowers has been brought in question by this case, and it should be addressed. [read post]
25 Jun 2022, 12:01 pm by Ilya Somin
Hodges (2015) (thereby striking down laws banning same-sex marriage). [read post]
27 Dec 2021, 4:30 am by Sherry F. Colb
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 by Josh Blackman
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]
28 Jun 2018, 10:25 am by Sionaidh Douglas-Scott
Hodges that the Constitution guarantees a right to same-sex marriage. [read post]
2 Jul 2017, 8:40 pm by Dale Carpenter
 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 by Ronald Collins
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 by Family Law Attorneys
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 by Timothy P. Flynn
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]