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No Clear Majority on Merits Evident During Prop 8 Arguments

No Clear Majority on Merits Evident During Prop 8 Arguments

BY ARTHUR S. LEONARD | On the tenth anniversary of oral arguments in Lawrence v. Texas, the historic 2003 ruling that struck down laws against consensual gay sex, the US Supreme Court took up the contentious issue of same-sex marriage on March 26. Late last year, the high court granted the petition by the Official Proponents […]

Obama Administration Steps Up on Prop 8

Obama Administration Steps Up on Prop 8

BY ARTHUR S. LEONARD | The US Department of Justice (DOJ) has filed a brief in support of the two same-sex couples seeking to overturn California’s Proposition 8. Their case will be heard by the Supreme Court on March 26. The administration does not explicitly argue there is a federal constitutional right to marry, but in […]

Plaintiffs’, San Francisco’s Prop 8 Briefs Go to High Court

Plaintiffs’, San Francisco’s Prop 8 Briefs Go to High Court

BY ARTHUR S. LEONARD | Attorneys representing the two same-sex couples challenging California’s Proposition 8 have now filed their response to the brief submitted to the Supreme Court in January by those defending the 2008 voter initiative. In addition, the City and County of San Francisco, which was allowed to intervene as a co-plaintiff in the […]

Obama Supreme Court Brief Attacks DOMA on the Merits

Obama Supreme Court Brief Attacks DOMA on the Merits

BY ARTHUR S. LEONARD | Arguing that all government policies that discriminate based on sexual orientation should be treated by the federal courts as presumptively unconstitutional, the Obama administration has filed its brief with the Supreme Court in the Defense of Marriage Act case in which oral arguments are scheduled for March 27. The case was […]

BREAKING: Obama Administration to File Amicus Brief on Prop 8

BREAKING: Obama Administration to File Amicus Brief on Prop 8

BY PAUL SCHINDLER | The US Department of Justice will file a brief in support of the two same-sex couples challenging California’s Proposition 8 at the Supreme Court on March 26, the New York Times and NBC News are reporting. The US government is not a party to the suit, which has taken the State of […]

What If No Majorities Emerge on DOMA, Prop 8?

What If No Majorities Emerge on DOMA, Prop 8?

BY ARTHUR S. LEONARD | Both the Defense of Marriage Act and the Proposition 8 cases set for argument before the US Supreme Court in late March present questions of equal protection and — at the high court’s direction — of federal jurisdiction, as well. Most of the speculation I’ve seen assumes the court will […]

Scholars, Advocates Respond to Supreme Court Action

Scholars, Advocates Respond to Supreme Court Action

BY PAUL SCHINDLER | As Arthur S. Leonard reported, the Supreme Court on December 7 announced on December 7 that it would review the Ninth Circuit’s Proposition 8 ruling and the New York-based Second Circuit’s ruling on the constitutionality of the Defense of Marriage Act (DOMA), but in both cases it indicated it would hear […]

Supreme Court Takes Marriage Cases, But Leaves Itself an Out

Supreme Court Takes Marriage Cases, But Leaves Itself an Out

BY ARTHUR S. LEONARD | The Supreme Court announced on December 7 that it would review the Ninth Circuit’s Proposition 8 ruling and the New York-based Second Circuit’s ruling on the constitutionality of the Defense of Marriage Act (DOMA), but in both cases it indicated it would hear argument about whether the petitioners had standing to […]

Gus Archilla, Marriage Equality Fighter Into His 90s, Dies

Gus Archilla, Marriage Equality Fighter Into His 90s, Dies

BY PAUL SCHINDLER | Gus Archilla, who was partnered with his husband Elmer Lokkins for 58 years before the couple was able to legally marry in Canada in 2003, died on November 26, ten days before his 97th birthday. Lokkins, who is 93, survives Archilla, after a relationship that lasted for 67 years. Meeting just […]

US Court Rejects Nevada Same-Sex Marriage Suit

US Court Rejects Nevada Same-Sex Marriage Suit

BY ARTHUR S. LEONARD | Lambda Legal’s suit on behalf of eight same-sex couples in Nevada seeking the right to marry or to have their existing marriages recognized there suffered a setback on November 26, when US District Judge Robert C. Jones concluded the state had a rational basis for maintaining a distinction between domestic partnerships […]

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