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Jackson Womens Health Organization, Justice Clarence Thomas questioned the legitimacy of Obergefell and said justices should “reconsider all of this Court’s substantive due process precedents,” including Obergefell. [read post]
7 Dec 2022, 9:20 am
Though their marriage ended in divorce, the couple still share two sons, Brandon Thomas Lee and Dylan Jagger Lee.Read More [read post]
6 Dec 2022, 9:01 pm by Michael C. Dorf
Is it speech in favor of same-sex marriage to create a cake with two grooms or two brides on top of it? [read post]
6 Dec 2022, 4:00 am by Michael C. Dorf
At one point, Justice Thomas asked whether the public accommodations laws of centuries past applied "to speech . . . or expressive conduct. [read post]
30 Nov 2022, 4:18 am by Emma Snell
  OTHER DOMESTIC DEVELOPMENTS  The Senate yesterday passed the Respect for Marriage Act, which would enshrine marriage equality in federal law. [read post]
25 Nov 2022, 9:30 pm by ernst
Available online from AJLH and Oxford University Press: Those Things Which Are Written in Romance: Language and Law Teaching in Thirteenth-Century England, by Thomas J McSweeney, William & Mary Law. [read post]
24 Nov 2022, 9:07 am by Russell Knight
” In re Marriage of Thomas, 608 NE 2d 585 – Ill: Appellate Court, 3rd Dist. 1993 Court encourage full apportionment of a business in a divorce for the sake of “finality [and] to avoid continued need for court intervention…[.The] division of the property…avoid[s] ongoing association between the parties [and] are goals to be consider[ed] in apportioning such marital assets. [read post]
20 Nov 2022, 9:01 pm by Michael C. Dorf
”Second, Justice Thomas was correct that the logic of Dobbs threatens Obergefell. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
(Here I distinguish the preservative conservativism of Justices Harlan, the early Blackmun, Powell, O’Connor, Kennedy, and Souter from the counter-revolutionary or movement conservatism of Justices Scalia, Thomas, and Alito.) [read post]
16 Nov 2022, 3:21 pm
The push in Congress to pass marriage protections came after Justice Clarence Thomas suggested in an opinion overturning abortion rights that the court 'should reconsider' past rulings that established marriage equality and access to contraception. [read post]
7 Nov 2022, 4:00 am by Howard Friedman
Thomas Law Journal 307-329 (2022).Charles J. [read post]
6 Nov 2022, 1:09 am by Frank Cranmer
Jonathan Mance: The Protection of Rights – this way, that way, forwards, backwards…: Lord Mance’s 2022 Sir Thomas More Lecture, organised by the Euro Group of Lincoln’s Inn. [read post]
3 Nov 2022, 10:45 am by Mark Ashton
” Again, lefty words but nowhere in the Constitution is there a reference to marriage. [read post]
30 Oct 2022, 4:00 pm by James Romoser
One question is almost guaranteed to come up at the Dec. 5 argument: What if, instead of same-sex marriage, the plaintiff opposed interracial marriage? [read post]
25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [read post]
24 Oct 2022, 6:30 am by Guest Blogger
Thomas Aquinas noted that the law does not prohibit all acts of vice, but chiefly those that harm others. [read post]
23 Oct 2022, 6:43 pm
  I am delighted to share with those interested a discussion draft of my essay: The Imaginaries of Regulatory Spaces in an Age of Administrative Discretion: Social Credit ‘in’ or ‘as’ the Cage of Regulation of Socialist Legality. [read post]
23 Oct 2022, 6:30 am by Guest Blogger
Virginia (1967), which even Justice Thomas’s apocalyptic Dobbs concurrence left off the list of endangered precedents, is a case in point. [read post]