This post also appears on scotusblog.com Twenty-two months ago, the Supreme Court — perhaps not fully realizing that it was doing so — set off a constitutional revolution. In a decision that spoke somewhat tentatively about an “evolving understanding of the meaning of equality,” the Court in United States v. Windsor saw in that understanding… Read More
Preview on same-sex marriage — Part II, The states’ views
This post also appears on scotusblog.com This is the second post in a four-part series on the written arguments that have been filed in the same-sex marriage cases at the Supreme Court. This post covers the briefs of the four states in defense of their state bans. America’s state governments have never seen anything like… Read More
Preview on same-sex marriage — Part I, The couples’ views
This post also appears on scotusblog.com This is the first post in a four-part series on the written arguments that have been filed in the same-sex marriage cases at the Supreme Court. This post covers the briefs of the couples who are challenging the state bans. Later posts in this series will cover the state governments’… Read More
Puerto Rico ends defense of same-sex marriage ban
The government of Puerto Rico on Friday ended its defense in federal court of the territory’s ban on same-sex marriage The change in position was announced by commonwealth officials in San Juan, and was confirmed in a legal brief filed in the U.S. Court of Appeals for the First Circuit. Five same-sex couples have a challenge to the ban… Read More
Nebraska’s same-sex marriage ban falls
A senior federal trial judge in Omaha on Monday struck down Nebraska’s ban on same-sex marriage, finding that it was a form of discrimination that failed a tougher constitutional standard. District Court Judge Joseph F. Bataillon put his ruling on hold for a week, to allow the state to seek a longer postponement from the… Read More
Same-sex marriage reaches Texas — for one couple (FURTHER UPDATED)
UPDATE 5:12 p.m. The Texas Supreme Court has blocked both of the orders issued by state judges in Travis County — both declaring the state’s ban on same-sex marriage to be unconstitutional. Details to come. FURTHER UPDATE 6:11 p.m. The state court’s orders do not mention the one marriage performed Thursday, but state Attorney General… Read More
Same-sex marriage spreads in Alabama (UPDATED)
UPDATED Friday 9:01 p.m. The number of counties where marriage licenses are now being issued has risen to 50. There are 68 probate judges in 67 counties with authority to issue such licenses. (There are two probate judges for Jefferson County.) With a federal judge for the first time ordering a county official in Alabama… Read More
Alabama: the 37th same-sex marriage state
With the Supreme Court again refusing to delay lower courts’ rulings in favor of same-sex marriage, Alabama on Monday morning became the thirty-seventh state where such unions are legal, and at least four couples promptly were wed at a courthouse in Montgomery. Alabama’s situation, though, is unique because of a looming legal battle over who… Read More
Eleventh Circuit won’t decide same-sex marriage cases
Even as the Supreme Court ponders a request by state officials in Alabama to block same-sex marriages in that state, the Eleventh Circuit Court has decided it will take no further action on that constitutional question in any case on that issue that reaches it.
Judge strikes down Alabama same-sex marriage ban (UPDATED)
UPDATE Monday 12:11 p.m. Judge Granade has delayed her ruling for fourteen days to allow the state to seek a longer delay from the Eleventh Circuit Court. ————— The still-lengthening list of court decisions nullifying state bans on same-sex marriage added another Deep South state on Friday as a federal judge in Mobile struck down Alabama’s laws against such unions. U.S…. Read More