Volokh Conspiracy: Another federal court rules that laws banning same-sex marriage discriminate on the basis of sex

A federal district court in Nebraska recently ruled that the state's law banning same-sex marriage is likely unconstitutional because it discriminates on the basis of sex.

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Volokh Conspiracy: A cross-ideological amicus brief on sex discrimination and same-sex marriage

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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Volokh Conspiracy: Is “sexual intercourse” limited to genital sex?

A surprisingly unresolved legal question.

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Volokh Conspiracy: Originalism and same-sex marriage revisited — a further rejoinder to Orin Kerr

Continuing my debate over originalism and same-sex marriage with Orin Kerr.

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Volokh Conspiracy: More on originalism and same-sex marriage

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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Volokh Conspiracy: William Eskridge on originalism and same-sex marriage

Yale Law Professor William Eskridge - the leading academic defender of same-sex marriage - offers an originalist justification for striking down laws banning the practice.

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Volokh Conspiracy: Same-sex marriage returns to the Supreme Court — and its prospects look good

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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Volokh Conspiracy: Two more same-sex marriage cases reach the Supreme Court

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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Volokh Conspiracy: How soon could same-sex marriage be decided by the Supreme Court?

Mark your calendar for June 29, 2015.

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Volokh Conspiracy: Same-sex marriage and animus

The sleeper issue that may decide how Justice Kennedy votes.

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