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29 Apr 2011, 9:33 am by Dale Carpenter
(Dale Carpenter) Here’s my take on the K&S “kerfuffle,” Orin’s mot juste.  [read post]
11 Aug 2012, 1:11 pm by Dale Carpenter
(Dale Carpenter) In Hawaii, gay couples may enter civil unions with all the state-based rights and legal protections of marriage, but without the official designation of being “married.”  [read post]
26 Jun 2015, 11:18 am
The Supreme Court’s decision today in Obergefell v. [read post]
1 Nov 2015, 1:50 pm by Dale Carpenter
Opponents of the Houston Equal Rights Ordinance (HERO) (text here) are sounding sirens that last rang across the city three decades ago, warning ominously of supposed threats to public safety and especially to children. [read post]
3 Sep 2015, 7:49 pm
As readers will know by now, Federal District Court Judge David Bunning has ordered Kim Davis, a Kentucky County Clerk, to jail for refusing to issue marriage licenses to qualified couples–a duty clearly imposed on her by state law and reinforced by the judge’s own prior order. [read post]
28 Aug 2014, 10:21 am
At Tuesday’s oral argument before the Seventh Circuit, Judge Richard Posner shredded two states’ defenses of their laws excluding gay couples from marriage. [read post]
23 Feb 2011, 11:20 am by Dale Carpenter
(Dale Carpenter) In his election bid in 2008, President Obama explicitly stated several times that he opposed allowing same-sex couples to marry (“God is in the mix,” he once said), although he favored giving them all of the legal rights and protections of marriage through civil unions. [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]
8 Nov 2012, 12:06 am by Dale Carpenter
(Dale Carpenter) Most of the post-election attention to the gay-marriage ballot fights has focused on the inspiring wins in Maine, Maryland, and Washington state, where same-sex marriages will now be legal.  [read post]
8 Jul 2010, 9:47 pm by Dale Carpenter
(Dale Carpenter) Massachusetts District Court Judge Joseph Tauro issued two decisions in companion cases Thursday striking down Section 3 of DOMA, which defines marriage as the union of one man and one woman for purposes of federal law.   [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]
4 Aug 2010, 4:54 pm by Dale Carpenter
(Dale Carpenter) I’m still studying the decision today in Perry v. [read post]
3 Jul 2017, 9:01 pm by Joanna L. Grossman and Dale Carpenter
Texas law requires children who attend public schools to begin their days with this trifecta: the Pledge of Allegiance, the Texas Pledge (“Honor the Texas flag; I pledge allegiance to thee, Texas, one state, under God, one and indivisible”), and a minute of silence to “reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. [read post]
29 Sep 2014, 9:47 am
According to the Supreme Court in United States v. [read post]
27 Sep 2013, 3:24 pm by Dale Carpenter
(Dale Carpenter) The effects of federal recognition of same-sex marriages across the full spectrum of federal benefits, including for those domiciled in states that ban the recognition of their marriages for state purposes, are bubbling up on an almost daily basis. [read post]
9 Dec 2013, 8:05 am by Ilya Somin
Among my favorite books by VC authors are Randy Barnett’s Restoring the Lost Constitution (now available in a new edition), David Bernstein’s Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
7 Nov 2013, 9:40 am by Dale Carpenter
(Dale Carpenter) Last week I wrote about the response of a group of us (Andy Koppelman, Doug NeJaime, Ira Lupu, William Marshall, and me) to calls for broad religious-liberty exemptions in laws authorizing same-sex marriage. [read post]