Same-Sex Marriage

  • Can ministers who make a living by conducting weddings be required to conduct same-sex weddings?

    Donald and Evelyn Knapp are apparently ordained ministers who run The Hitching Post, a chapel in Coeur d’Alene, Idaho, at which they conduct weddings. (This strikes me as quite similar to many ministers’ practice of charging to officiate weddings when they are invited to do so at other venues.) Coeur d’Alene has an ordinance banning discrimination based on, among other things, s ...

    13 readers - Eugene Volokh/ The Volokh Conspiracy
  • Puerto Rico federal court dismisses same-sex marriage lawsuit

    United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. He concluded the outcome was controlled by the Supreme Court’s summary rejection of same-sex marriage claims in Baker v. Nelson in 1972, a view that has been rejected by every other federal court since United States v.

    8 readers - Dale Carpenter/ The Volokh Conspiracy
    • Gay marriage crosses the red line

      For years the specter of a backlash like the one said to have been generated by Roe v. Wade has haunted the constitutional debate over same-sex marriage. Even some supporters have worried about it. If courts forced states to allow same-sex marriages, the reasoning went, there would be widespread resistance in the form of popular protests, civil disobedience, refusals by state ...
      8 readers - Dale Carpenter/ The Volokh Conspiracy
    • BREAKING — SCOTUS denies same-sex marriage appeals

      The Supreme Court was asked to consider petitions for certiorari in seven separate cases challenging state laws barring legal recognition of same-sex marriage. On Monday morning, SCOTUSBlog reported, the Supreme Court denied all seven petitions. Most commentators have assumed the Supreme Court would take one or more of these cases and (perhaps) conclusively determine whether t ...
      7 readers - Jonathan H. Adler/ The Volokh Conspiracy

    The latest about Same-Sex Marriage

    • Idaho Hitching Post case

      … a predictable panic about dangers to religious liberty (see also, last week, on the Houston pastors subpoena). In this instance, those efforts amount to something very akin to hiding the ball, including (as cited by Sullivan) the quiet legal revamping of the business onto a religious basis in recent weeks and the silent removal of extensive language…

      6 readers - Walter Olson/ Overlawyered
    • Puerto Rico Court Upholds Ban On Same-Sex Marriage

      … Puerto Rico Court Upholds Ban On Same-Sex Marriage In one of the few recent victories for opponents of same-sex marriage, the federal district court for the district of Puerto Rico yesterday dismissed a challenge to the Puerto Rico law that recognizes only opposite-gender marriage. In Conde-Vidal v. Garcia-Padilla, (D PR, Oct…

      2 readers - Howard Friedman/ Religion Clause
      Earlier about the same topic:
      • Puerto Rico federal court dismisses same-sex marriage lawsuit

        United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. He concluded the outcome was controlled by the Supreme Court’s summary rejection of same-sex marriage claims in Baker v. Nelson in 1972, a view that has been rejected by every other federal court since United States v.

        4 readers - Dale Carpenter/ The Volokh Conspiracy
      • Puerto Rico ban on same-sex marriage upheld

        Relying mainly on two legal points that federal courts have repeatedly rejected over the past sixteen months, a federal trial judge in San Juan ruled Tuesday that Puerto Rico’s ban on same-sex marriage survives constitutional challenge. The combination of a one-line Supreme Court decision in 1972 and the Court’s full-scale ruling in June a year ago on the federal Defense of ...

        3 readers - Lyle Denniston/ SCOTUSblog
    • Puerto Rico ban on same-sex marriage upheld

      … the first part of his constitutional analysis on the Supreme Court’s summary ruling in Baker v. Nelson forty-two years ago. In that case, the Court dismissed a gay couple’s appeal seeking a right to marry because, it said, the case did not raise “a substantial federal question.” That left intact a Minnesota Supreme Court decision in favor…

      3 readers - Lyle Denniston/ SCOTUSblog
      Earlier about the same topic:
      • Puerto Rico federal court dismisses same-sex marriage lawsuit

        United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. He concluded the outcome was controlled by the Supreme Court’s summary rejection of same-sex marriage claims in Baker v. Nelson in 1972, a view that has been rejected by every other federal court since United States v.

        3 readers - Dale Carpenter/ The Volokh Conspiracy
    • Puerto Rico federal court dismisses same-sex marriage lawsuit

      … United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. He concluded the outcome was controlled by the Supreme Court’s summary rejection of same-sex marriage claims in Baker v. Nelson in 1972, a view that has been rejected by every other federal court since United…

      8 readers - Dale Carpenter/ The Volokh Conspiracy
    • Wyoming added to same-sex marriage list

      …, and North and South Dakota. Again, challenges are underway in all but Nebraska. All of the states located in the First, Second, Third, and Seventh Circuits now permit same-sex marriages, as does the nation’s capital, Washington, D.C. Recommended Citation: Lyle Denniston, , SCOTUSblog (Oct. 21, 2014, 1:19 PM), http://www.scotusblog.com/2014/10/wyoming-added-to-same-sex-marriage-list/ …

      2 readers - Lyle Denniston/ SCOTUSblog
    • Same-sex marriage today: A round-up

      … six days (until next Thursday) to tell him whether officials planned to appeal. However, the state’s governor, Matt Mead, had said during a election campaign debate on Thursday night that if the ban were nullified, he saw no need to appeal. Wyoming thus seemed poised to become the thirty-second state where same-sex marriage would be legal. Recommended Citation: Lyle Denniston, Same-sex marriage today: A round-up, SCOTUSblog (Oct. 17, 2014, 5:15 PM), http://www.scotusblog.com/2014/10/same-sex-marriage-today-a-round-up/ …

      3 readers - Lyle Denniston/ SCOTUSblog
      Earlier about the same topic:
      • Arizona same-sex marriage ban falls

        A senior federal judge in Phoenix on Friday struck down Arizona’s ban on same-sex marriage in two separate rulings, and refused to delay the effect of the decisions. He also predicted that the Supreme Court would “turn a deaf ear” to a request to postpone such marriages in the state. His nearly identical, four-page rulings are here and here. Meanwhile, U.S.

        1 readers - Lyle Denniston/ SCOTUSblog
    • Arizona same-sex marriage ban falls

      … are now official will be entitled to all federal marital benefits. In Arizona, Senior District Judge John W. Sedwick, who normally sits in Anchorage, Alaska, but is visiting in Arizona to perform duties there, had two cases before him. He noted that the U.S. Court of Appeals for the Ninth Circuit, whose geographic reach includes Arizona, had…

      1 readers - Lyle Denniston/ SCOTUSblog
      Earlier about the same topic:
      • Alaska seeks to delay same-sex marriages

        Vowing to come back soon with a plea for the Supreme Court to take on the basic constitutional issue of state power to ban same-sex marriages, state officials in Alaska on Thursday asked the Court in the meantime to delay lower court orders that would allow such marriages beginning on Friday. The application (Parnell v.

        3 readers - Lyle Denniston/ SCOTUSblog
    • Alaska seeks to delay same-sex marriages

      … Vowing to come back soon with a plea for the Supreme Court to take on the basic constitutional issue of state power to ban same-sex marriages, state officials in Alaska on Thursday asked the Court in the meantime to delay lower court orders that would allow such marriages beginning on Friday. The application (Parnell v. Hamby, docket 14A413…

      3 readers - Lyle Denniston/ SCOTUSblog
    • "Egg Freezing as a Work Benefit? Some Women See Darker Message."

      …. Just as tech company benefits like free food and dry cleaning serve to keep employees at the office longer, so could egg freezing, by delaying maternity leave and child-care responsibilities. But this stigma is already there to the extent that it is, and birth control (not to mention abortion) empowers women to show their commitment…

      7 readers - Ann Althouse/ Althouse
    • Virginia Governor Says Same-Sex Married Couples Can Now Adopt

      …Virginia Governor Says Same-Sex Married Couples Can Now Adopt Last week, Virginia's Department of Social Services (at the direction of Governor Terry McAuliffe) issued a Bulletin (full text) to its local offices informing them that court decisions legalizing same-sex marriage mean that now married same-sex couples are eligible to adopt children…

      4 readers - Howard Friedman/ Religion Clause
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