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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]
15 Oct 2014, 5:45 am by Guest Blogger
  Particularly significant is Dale’s well-supported claim that evidence of animus can be found in examining the effects of a discriminatory law. [read post]
13 Oct 2014, 9:05 pm by Walter Olson
Wade either [Dale Carpenter, Ilya Shapiro, Charles Lane] Ninth Circuit won’t get the message about not expropriating raisin farmers and it’s time for the Court to remind it again [also Ilya Shapiro, earlier] Private businesses, even those that are quasi-public like Amtrak, shouldn’t be delegated the right to regulate their competitors [Ilya Shapiro yet a third time] “Supreme Court takes case on duration of traffic stops” [Orin Kerr, Rodriguez v.… [read post]
9 Oct 2014, 11:41 am by Steven Calabresi
[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 by Amy Howe
  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, 5:46 pm
"Judge Sutton's trilemma": Law professor Dale Carpenter has this post at "SCOTUSblog. [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 by John Neiman
[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
Judge Reinhardt wrote the opinion for a unanimous panel, applying heightened scrutiny to sexual-orientation discrimination. [read post]
7 Oct 2014, 10:02 am
For years the specter of a backlash like the one said to have been generated by Roe v. [read post]
7 Oct 2014, 8:07 am by Guest Blogger
In his post summarizing his recent law review article, Dale Carpenter draws from the Court’s discriminatory purpose jurisprudence, most notably its 1977 Arlington Heightscase, to find guideposts for identifying animus. [read post]
6 Oct 2014, 5:52 am by Guest Blogger
  It's not permissible for legislation to reflect animus toward someone who trespasses for a particular political reason and not toward other trespassers; or as Dale Carpenter has put it, “[t]he discovery of animus is instead an affirmative reason to invalidate an otherwise constitutional law. [read post]
2 Oct 2014, 5:39 am by Guest Blogger
Dale CarpenterThis post is part of the Symposium on Unconstitutional Animus Animus has emerged over the past four decades as a distinct concern in Equal Protection doctrine. [read post]
1 Oct 2014, 10:00 am by Guest Blogger
Siegel, Animus versus Moral Opposition: Material and Expressive ConsiderationsBill Araiza, Unconstitutional Animus: Araiza Responds to Pollvogt Dale Carpenter, Unconstitutional Animus: Carpenter Responds to SiegelDale Carpenter, Animus in Five StepsBill Araiza, Animus, Equal Protection, and Its EnforcementJustin Marceau, Animus and Ag Gag Laws [read post]
1 Oct 2014, 6:32 am by Guest Blogger
 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]