Same-Sex Marriage

Same-sex marriage (also known as gay marriage) is marriage between two people of the same biological sex and/or gender identity. Legal recognition of same-sex marriage or the possibility to perform a same-sex marriage is sometimes referred to as marriage equality or equal marriage, particularly by supporters. The legalization of same-sex marriage is characterized as "redefining marriage" by many opponents.The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century.
Posts about Same-Sex Marriage
    • Court denies one same-sex marriage case

      The Supreme Court, returning from its winter recess, decided on Monday not to take on a same-sex marriage case that remains under review in a federal appeals court, but otherwise took no action on that constitutional controversy. The Court made no comment as it turned own a plea by same-sex couples in Louisiana to review that state’s ban, which had been upheld by a federal ...

      Lyle Denniston/ SCOTUSblog- 9 readers -
    • South Dakota same-sex marriage ban falls

      Building toward a test on same-sex marriage in one of the handful of federal appeals courts that have not yet ruled on the issue, a federal trial judge in South Dakota on Monday struck down that state’s ban. That means that such marriages are now legal, or may be on their way to legality, in five of the seven states in the geographic region of the federal Eighth Circuit. U.S.

      Lyle Denniston/ SCOTUSblog- 7 readers -
    • A pre-decision guide to the post-decision world of same-sex marriage

      It looks like we will have a decision on same-sex marriage by the end of June. My co-blogger Orin thinks the outcome will very likely be a ruling in favor of nationwide legalization of same-sex marriage. I also think that outcome is now likely, but I want to emphasize in this post a point made by Ilya yesterday: how the Court decides to reach that result is also important.

      Dale Carpenter/ The Volokh Conspiracy- 12 readers -
  • William Eskridge on originalism and same-sex marriage

    … In a recent SCOTUSblog symposium, Yale Law School Professor William Eskridge – probably the leading academic defender of same-sex marriage – offers an originalist justification for striking down laws banning same-sex marriage: Upon reflection, I believe that Justice Kennedy’s opinion in Romer[v. Evans (1996)] provides the constitutional starting…

    Ilya Somin/ The Volokh Conspiracy- 2 readers -
  • The Supreme Court takes the same-sex marriage cases.

    … SCOTUSblog reports: The Court said it would rule on the power of the states to ban same-sex marriages and to refuse to recognize such marriages performed in another state. A total of two-and-a-half hours was allocated for the hearings, likely in the April sitting. A final ruling is expected by early next summer, probably in late June. …

    Ann Althouse/ Althouse- 5 readers -
  • Supreme Court agrees to hear same-sex marriage cases

    … The order is here, and it says the following: 14-556) OBERGEFELL, JAMES, ET AL. V. HODGES, RICHARD, ET AL. 14-562) TANCO, VALERIA, ET AL. V. HASLAM, GOV. OF TN, ET AL. 14-571) DeBOER, APRIL, ET AL. V. SNYDER, GOV. OF MI, ET AL. 14-574) BOURKE, GREGORY, ET AL. V. BESHEAR, GOV. OF KY, ET AL. The cases are consolidated and the petitions for writs…

    Orin Kerr/ The Volokh Conspiracy- 5 readers -
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