gay marriage

The Supreme Court’s Same-Sex Marriage Non-Decision: Cowardly and Irresponsible 0
- October 13, 2014
This article was first posted at cnsnews.com. The Supreme Court’s decision to reject all requests for review of lower-court homosexual marriage cases was cowardly and irresponsible. Certainly it is absurd to call this non-decision, as liberal commentator Cass Sunstein did, a manifestation of “the passive virtues.” There are two possible reasons for the Court’s avoidance.
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The Defense of Marriage Act Case: A Carcass for Constitutional Vultures 0
- July 21, 2013
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or
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The Constitutional Issues In Same-Sex Marriage 0
- April 6, 2013
I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations
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