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15 Oct 2014, 5:45 am
Alternatively, it may represent a non-transitory commitment to approaching the sexual orientation cases in this manner.In either case, now that the Court has tabled the issue of same-sex marriage—perhaps temporarily, perhaps permanently—the question becomes whether the doctrine of animus has significance outside of the same-sex marriage context.It would seem so. [read post]
13 Oct 2014, 9:05 pm
Sorry, National Review, but the marriage rulings are really nothing at all like Dred Scott [my new piece at The Daily Beast] Or Roe v. [read post]
9 Oct 2014, 11:41 am
[Earlier contributions to this symposium came from: John Neiman, Dale Carpenter, Robin Wilson, Bill Eskridge, Scott Michelman, Neil Siegel, and Suzanne Goldberg.] [read post]
8 Oct 2014, 8:56 am
For the past couple of days, SCOTUSblog has been hosting an online symposium on the denial of seven certiorari petitions dealing with same-sex marriage. [read post]
8 Oct 2014, 6:29 am
Judith Schaffer weighs in with an op-ed for USA Today; Dale Carpenter does the same in a post at The Volokh Conspiracy. [read post]
7 Oct 2014, 5:38 pm
First, as co-blogger Dale Carpenter points out, same-sex marriage will now soon be legal in five more states, bringing the total to thirty-five. [read post]
7 Oct 2014, 4:35 pm
[Earlier posts in this symposium include contributions from: Dale Carpenter, Robin Wilson, Bill Eskridge, Scott Michelman, Neil Siegel, and Suzanne Goldberg.] [read post]
7 Oct 2014, 1:35 pm
I have to teach now, so it would be nice if the courts would stop issuing gay-marriage decisions for an hour or so. [read post]
7 Oct 2014, 1:16 pm
Dale Carpenter is the Earl R. [read post]
7 Oct 2014, 10:02 am
Wade has haunted the constitutional debate over same-sex marriage. [read post]
6 Oct 2014, 5:52 am
Moreover, Windsor reveals that the statute itself can be evidence of animus if it imposes a unique disability on one political group, and you don’t necessarily need a record of additional, extrinsic evidence of animus. http://www.nytimes.com/2014/08/05/opinion/gay-marriage-and-the-court.html? [read post]
1 Oct 2014, 6:32 am
There is no nice way to tell people that policies they have fervently supported are unconstitutional.Dale Carpenter is a Professor at the University of Minnesota Law School. [read post]
29 Sep 2014, 9:47 am
It may be the sleeper issue in the upcoming marriage challenges at the Supreme Court. [read post]
18 Sep 2014, 9:23 pm
(H/t Dale Carpenter at VC.) [read post]
18 Sep 2014, 5:24 am
Among those attending the event was a professor at the school, Dale Carpenter. [read post]
17 Sep 2014, 4:32 pm
The discussion of same-sex marriage begins with a question from Professor Bob Stein at the 67:33 mark. [read post]
16 Sep 2014, 7:22 pm
If the Sixth Circuit rules for same-sex marriage or remains silent, on the other hand, the Court might just wait a bit longer. [read post]
8 Sep 2014, 1:10 pm
You can watch it at this link. [read post]
4 Sep 2014, 8:01 pm
Posner notes that Indiana refuses to recognize same-sex marriages from other states while recognizing the marriages of fertile first cousins from other states (even though, like same-sex marriages, first-cousin marriages are banned in Indiana itself). [read post]
28 Aug 2014, 10:21 am
Posner dismantled the other arguments for banning same-sex marriage. [read post]
