Our amicus brief urging the Supreme Court to strike down laws banning same-sex marriage because they discriminate on the basis of sex. I coauthored the brief with Northwestern law professor Andrew Koppelman. It was written on behalf of ourselves and several other legal scholars. Koppelman and I and the other signers come from very different points on the political spectrum and rarely all agree ...
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I recently asked: "Is there an originalist case for a right to same-sex marriage?" I thought the answer was "no." Larry Solum and Ilya Somin have each responded to that post. Here's a reply to Larry and Ilya.
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The same-sex marriage issue has returned to the Supreme Court, and the prospects look good for supporters of gay rights. If they do prevail, the Court will have to choose between several different possible rationales for that result - a choice that may have important implications for the future.
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Add Michigan and Kentucky to the list of states whose bans on same-sex marriage are being challenged before the Justices. The Court may decide whether to take the cases, and the timing, by January.
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