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8 Jul 2015, 11:17 am by Lisa A. Mazzie
Virginia “did not ask about a ‘right to inter-racial marriage’” (slip op at 18). [read post]
3 Jul 2015, 1:28 pm by Calvin Massey
        In an op-ed in the Boston Globe, Kent Greenfield argues that the key difference between Justice Kennedy’s opinion in Obergefell v, Hodges and the dissent of Chief Justice Roberts is that Kennedy has empathy and Roberts does not. [read post]
2 Jul 2015, 12:02 pm by Padraic F.X. Dugan, Esq.
 In writing for the majority in the 5-4 ruling, Justice Anthony Kennedy wrote: “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. [read post]
29 Jun 2015, 7:50 am by JB
At first glance, they seem to be in some tension with each other; in fact they are two ways of describing the same phenomenon-- how lawyers and judges' understandings of constitutional values change over time in conversation with constitutional debates in the larger public.One of Kennedy's responses to the dissenters is to quote Justice Jackson in West Virginia Board of Education v. [read post]
28 Jun 2015, 10:58 am by JB
Virginia Board of Elections. [read post]
28 Jun 2015, 6:11 am by Lovechilde
Virginia, which held that state laws banning interracial marriage were unconstitutional, provides a fairly unassailable precedent. [read post]
27 Jun 2015, 2:08 pm by Michael Dorf
Virginia have reached a different conclusion if the Virginia statute defined marriage as an institution between a man and a woman of the same race? [read post]
27 Jun 2015, 5:56 am by Erwin Chemerinsky
Virginia, it rightly gave no weight to the existence of such statutes throughout American history. [read post]
26 Jun 2015, 5:16 pm by Joanna L. Grossman
In the words of Justice Kennedy, writing for a 5-4 majority and as the author of the third in a trilogy of gay rights cases: The Constitution . . . does not permit the State to bar same-sex couples from marriage on the same terms as accorded to couples of the opposite sex. . . . [read post]
26 Jun 2015, 3:13 pm by Mark Walsh
Jane Roberts, the wife of Chief Justice John Roberts, arrives and takes a seat near Joanna Breyer and Virginia Thomas. [read post]
26 Jun 2015, 1:29 pm by Judith Schaeffer
Virginia striking down state laws prohibiting interracial marriage, the Court’s ruling in Obergefell rests on the Fourteenth Amendment’s independent guarantees of liberty and equality. [read post]
26 Jun 2015, 10:14 am by Perry Dane
In a more practical vein, that line in Kennedy's opinion might have important... [read post]
26 Jun 2015, 9:10 am
Recent gay-rights cases written by Kennedy — Romer v. [read post]