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17 Jan 2015, 12:11 pm
It looks like we will have a decision on same-sex marriage by the end of June. [read post]
16 Jan 2015, 3:12 pm by Steve Sanders
  (Note that Dale Carpenter has written that one purpose of the anti-animus principle in equal protection law is to “check[] the tendency of legislative majorities to be vindictive. [read post]
9 Jan 2015, 12:18 pm
You can listen to the oral argument in each of the same-sex marriage cases heard by the Fifth Circuit this morning. [read post]
7 Jan 2015, 4:19 pm
On Friday, the Fifth Circuit will hear oral argument in three cases challenging bans on same-sex marriage, one each from Texas, Mississippi, and Louisiana. [read post]
8 Dec 2014, 10:30 am
Among my favorite books by VC authors are Randy Barnett’s Restoring the Lost Constitution , David Bernstein’s Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
26 Nov 2014, 10:03 am
Yesterday same-sex marriage advocates notched two more federal district court wins in southern states. [read post]
18 Nov 2014, 9:15 am
The fallout from the Sixth Circuit’s decision in DeBoer v. [read post]
18 Nov 2014, 7:32 am
In previous posts, I’ve criticized the Sixth Circuit’s analysis of animus (see here) and its use of originalism (see here) to reject equal-protection claims for same-sex marriage. [read post]
12 Nov 2014, 9:13 pm
A Michigan district court today struck down a state law barring local governments from offering health care and other fringe benefits to the same-sex domestic partners of their employees, holding that the ban violates the Equal Protection Clause because it reflects unconstitutional animus against same-sex couples. [read post]
12 Nov 2014, 8:46 pm
"Obamacare and gay marriage -- the missing link": Dale Carpenter has this post today at "The Volokh Conspiracy. [read post]
11 Nov 2014, 10:51 pm
Now that a critical part of the Affordable Care Act is before the Supreme Court in King v. [read post]
7 Nov 2014, 10:12 am
Here is the key passage from the opinion [HT: co-blogger Dale Carpenter]: The restriction on same-sex marriage is a classification based on gender. [read post]
6 Nov 2014, 7:44 pm
Today’s decision from the Sixth Circuit, the only federal appellate court opinion so far rejecting constitutional claims for same-sex marriage, has two obvious consequences. [read post]
6 Nov 2014, 1:50 pm
By a 2-1 vote, with Judge Jeffrey Sutton writing the opinion, the Sixth Circuit has upheld state prohibitions on same-sex marriages in the states of Ohio, Kentucky, Michigan, and Tennessee. [read post]
21 Oct 2014, 4:47 pm
United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. [read post]