Judge Lucero then moved to the substance of the case and found that the right to marry is a fundamental right under the Fifth and Fourteenth … [Read more...] about What Was So Remarkable About the Tenth Circuit’s Decision Striking Down Utah’s Gay Marriage Ban
Ari Ezra Waldman
Supreme Court Limits Obamacare’s Contraception Coverage
Let's first be clear about one thing: This case did nothing to the individual mandate. Nor did it challenge the underlying legality of the … [Read more...] about Supreme Court Limits Obamacare’s Contraception Coverage
Utah, Indiana, Heightened Scrutiny and Next Steps: Is Marriage Heading to the Supreme Court?
The most pressing question is what happens now that the Tenth Circuit has affirmed that Utah's ban on same-sex marriage is … [Read more...] about Utah, Indiana, Heightened Scrutiny and Next Steps: Is Marriage Heading to the Supreme Court?
Marriage Equality Comes to Oregon and Pennsylvania: An Analysis, Part II
First, let's briefly review the opinion. There were three elements to Judge Jones's opinion, all of which you will remember from previous … [Read more...] about Marriage Equality Comes to Oregon and Pennsylvania: An Analysis, Part II
Marriage Equality Comes to Oregon and Pennsylvania: An Analysis, Part I
The decision by Judge Michael McShane (top, left) in Oregon is reminiscent of Judge Vaughn Walker's decision striking down Prop 8 in California. … [Read more...] about Marriage Equality Comes to Oregon and Pennsylvania: An Analysis, Part I
The Marriage Equality Ruling in Idaho: A Legal Summary and Analysis
Idaho's marriage laws are pretty restrictive. They neither allow gays to marry in-state nor do they recognize out of state gay marriages. Idaho … [Read more...] about The Marriage Equality Ruling in Idaho: A Legal Summary and Analysis
Marriage in Virginia: What Happened at the Fourth Circuit?
Judge Niemeyer, a Reagan-appointee to the district court in 1988 and then a George H.W. Bush appointee to the appellate court in 1990, is among the … [Read more...] about Marriage in Virginia: What Happened at the Fourth Circuit?
Virginia Gay Marriage Ban Before the Fourth Circuit Court of Appeals Today: What To Watch For
The Fourth Circuit panel consists of Paul V. Niemeyer (below, left), nominated to the court in 1990 by President George H.W. Bush; Roger L. … [Read more...] about Virginia Gay Marriage Ban Before the Fourth Circuit Court of Appeals Today: What To Watch For
Marriage Equality Comes to Arkansas: A Legal Analysis
The plaintiffs in Wright v. Smith argued that the Arkansas ban on same-sex marriage was unconstitutional. That ban, which was put on the ballot … [Read more...] about Marriage Equality Comes to Arkansas: A Legal Analysis
What To Watch For in Today’s Tenth Circuit Court Marriage Hearing on the Utah Gay Marriage Ban
Will the court issue a ruling as broad as Judge Shelby's or limit it in some way? Judge Shelby's decision reminds us of Judge Vaughn … [Read more...] about What To Watch For in Today’s Tenth Circuit Court Marriage Hearing on the Utah Gay Marriage Ban