It’s been an interesting week at the Supreme Court. Monday, the Court declined to take up any challenges to Circuit Court rulings in favor of marriage equality, apparently adding the five states involved to the 19 states already allowing same-sex marriage. (Those who remember this column, https://lgbtweekly.jeffjungblut.com/2014/02/27/marriage-equality-its-not-over-til-its-over/, will understand why I’m feeling a little smug.)…
In January, the U.S. Court of Appeals for the Ninth Circuit ruled in a pharmaceutical contract dispute, Abbott Laboratories v. SmithKline Beecham, that it violates the U.S. Constitution’s guarantee of equal protection to exclude someone from jury service because of his or her sexual orientation. In doing so, the court also concluded that discrimination based on…
A lot can happen in a decade. The Supreme Court’s decision to overturn Section 3 of the Defense of Marriage Act (DOMA) and to dismiss the appeal of Proposition 8 came 10 years to the day after its Lawrence v. Texas decision. June 25, 2003, you could be arrested for intimate acts with your same-sex…
The oral arguments on Proposition 8 (Hollingsworth v. Perry) and the Defense of Marriage Act (DOMA, United States v. Windsor) are over, and the pundits have had a week to sift through the transcripts ad nauseum. I think it’s only fair to take a look at what Politically Aware got right and wrong. https://lgbtweekly.jeffjungblut.com/?p=35247 First,…
Politically Aware BY JOEL TRAMBLEY Court predictions hew closely to the axiom “Those who know don’t talk, those who talk don’t know.” Having nothing but an MD to back my legal analysis, I fall firmly in the latter camp. But here we go. Of the various cases about the Defense of Marriage Act (DOMA) on…
While legal scholars continue to argue about whether the Supreme Court decision to uphold the Affordable Care Act (ACA) simultaneously gutted the Commerce Clause, we can turn what’s left of our tolerance for mind-numbing legal analysis back to Perry v. Schwarzenegger, the federal court challenge to Proposition 8. To recap, Proposition 8 is the 2008…
Same-sex couples who wish to marry in California will have to wait a while longer for their constitutional rights following a reconsideration filed by Prop 8 backers Tuesday. Supporters of the anti-equality measure have slowed its path to the U.S. Supreme Court by asking a federal appeals court to reconsider its Feb. 7 ruling in favor…
Today, the United States Court of Appeals for the Ninth Circuit ruled that Proposition 8 is unconstitutional. Prop 8 was voted into law in 2008 and established in the California Constitution that marriage is the union between one man and one woman. The ruling does not mean same-sex couples can marry again in California. The…
