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, ...

    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

    • Social Security Administration Sued for Denying Same-Sex Spousal Benefits

      … the disability requirements for obtaining benefits, but the disability must have started prior to the spouse’s death or within seven years after the death of the wage earner.If the deceased had a child under age 16, or a child who is disabled, the widow/widower may receive benefits at any age if they are taking care of the surviving child. Survivor’s…

      LaBovick Law Group
    • Testing the status of Baker v. Nelson

      …. Court of Appeals for the Eleventh Circuit is expected to be reviewing the ban in Florida, although test cases in state court may be decided before that occurs. Recommended Citation: Lyle Denniston, , SCOTUSblog (Oct. 28, 2014, 4:50 PM), …

      1 readers - Lyle Denniston/ SCOTUSblog
    • The Coeur d'Alene Hitching Post controversy come in for a quick, soft landing.

      … by two ministers, doesn't have to perform same-sex marriages.The city has been embroiled in controversy ever since the owners of the Hitching Post sued the city. They say a city anti-discrimination law threatened to force them to marry same-sex couples now that gay marriage is legal in Idaho....Initially, the city said its anti-discrimination law…

      2 readers - Ann Althouse/ Althouse
    • 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
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