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24 Oct 2022, 6:30 am by Guest Blogger
“The exercise of the rights at issue in Griswold, Eisenstadt, Lawrence, and Obergefell does not destroy a “po­tential life,” but an abortion has that effect” (slip op. 218) So the reason that the right to abortion can be overruled is that it harms a third party (the fetus). [read post]
24 May 2022, 7:42 am by Gregory Forman
  I simply find our culture’s devaluation of marriage—and the younger generations’ increasing belief that stable marriage is unattainable—to be sad.The post Fornicating (even baby-making) does not turn jointly titled property into “marital property” first appeared on Gregory S. [read post]
25 May 2012, 2:00 pm by sberkovits@acslaw.org
Her ruling “set out the reasons why the legal arguments for a federal statute prohibiting same-sex marriage have become obsolete” and referenced the decision in Lawrence v. [read post]
10 Jul 2008, 2:16 pm
And if we were to compare their impact, can we really say that Lawrence v. [read post]
7 Feb 2012, 10:47 am by Orin Kerr
UPDATE: Based on a quick skim, Reinhardt decided that the Supreme Court wasn’t ready yet to embrace a full right to same-sex marriage, and that it was wiser to offer AMK a narrow rationale based on Romer rather than a broad rationale based on Lawrence or Loving. [read post]
These were informal marriages—no witness needed; no marriage license—that were perfectly legal in many states. [read post]
14 May 2012, 4:04 pm by Lawrence Solum
By contrast, in her concurrence in Lawrence v. [read post]
5 Apr 2020, 9:24 am by brianfrye
If it offends autonomy and dignity to prohibit a marriage, it offends autonomy and dignity to preserve a marriage, against the will of the married. [read post]
30 Nov 2007, 1:31 am
That is true even though the swing vote would be the author of Lawrence v. [read post]
26 Jun 2013, 12:37 pm by Randy Barnett
Or perhaps if enough states recognize same-sex marriage we will see the “emerging awareness” rationale of Lawrence v. [read post]
13 Dec 2013, 10:30 pm by Orin Kerr
The phrase also violates Due Process under Lawrence because it violates the principle of “consensual sexual privacy,” and that it is also void for vagueness. [read post]
9 May 2022, 2:30 pm by James Esseks
If and when the legal challenges to Obergefell and Lawrence come, we will cite those lines in Dobbs and our side will win in the lower federal courts. [read post]
6 Aug 2010, 3:41 am by Gerard Magliocca
The same-sex marriage cases cannot be concealed by this smokescreen. [read post]
13 Aug 2017, 6:30 am by Quinta Jurecic
Within the pages of The Nation, Stephen Cohen, Victor Navasky, and Patrick Lawrence have made the case that Americans’ “McCarthyite” paranoia is pushing the country closer and closer to a dangerous and unnecessary confrontation with Russia. [read post]
23 May 2016, 9:01 pm by Joanna L. Grossman and Grant Hayden
The absurdity of this argument was on full display in the early fight for marriage equality. [read post]