My position on the constitutional question of whether gay marriage is required is that there are reasonable interpretations on both sides of this issue. One danger of such a position is that it puts one in a no win position, …
In my prior post, I mentioned that I believe there is an originalist case both for constitutionally requiring same sex marriage and for not requiring it. I briefly mentioned the case for requiring it and then noted that most …
It is an unfortunate aspect of modern originalism that we have such a poor understanding of the 14th Amendment. In my view, the main culprit here is nonoriginalism – in particular, that the Supreme Court and scholars have been …
Andrew Ferguson’s current feature essay in The Weekly Standard “The ‘Science’ of Same-Sex Marriage” considers the unique brief filed by Leon Kass and Harvey Mansfield in the Proposition 8 case that is now before the Court. Also discussed …
The Supreme Court will soon pronounce upon the constitutionality of California’s Proposition 8, which amended that state’s constitution to prohibit same-sex marriage, and the federal Defense of Marriage Act that was enacted into law in 1996 under then President Bill …
This is an interesting article about the lawyers in the California lawsuit claiming that the U.S. Constitution requires same sex marriage. Ted Olson (and David Boies) argued that it does. Chuck Cooper argued that it does not.
The article talks …
Noah Feldman is a Harvard Law Professor and the author of a popular book on the Supreme Court, but his recent column is extremely problematic for two reasons.
First, Feldman makes the following claim about Supreme Court caselaw:
In 2005, …
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