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same-sex marriage

Presentation by Professor Huhn Today At Ohio Northern University Pettit School of Law

April 11, 2012

Professor Huhn will present a program today at 4:00 at Ohio Northern University Pettit School of Law on Same Sex-Marriage and Reality-Based Legal Analysis. The program will summarize the present status of same-sex marriage laws and litigation in the United States, and describe this movement within the larger intellectual and jurisprudential context of Legal Realism [...]

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"Immorality" and Social Change

April 7, 2012

Social conservatives sincerely believe that they are defending "morality" when they condemn practices such as  birth control, women working outside the home, and same-sex marriage. Their view is that these practices are "immoral" because they threaten the fabric of society. They consider people who condone these social transformations to be fostering "immorality." They are mistaken. [...]

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Same-Sex Marriage: 85,600,000 and Growing

February 24, 2012

More than one-fourth of Americans now live in jurisdictions that recognize same-sex marriage.  Within five years more than half of Americans may live in such jurisdictions.  But there are legal barriers.

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DOMA Struck Down by District Court in Golinski Case

February 23, 2012

In a ruling issued yesterday, Judge Jeffrey S. White of the Northern District for the State of California struck down the federal Defense of Marriage Act as unconstitutional under the Equal Protection Clause.  Judge White did not find that the Constitution requires the states to recognize same-sex marriage.  Instead he simply ruled that the federal government [...]

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Department of Justice Will Not Defend Law Prohibiting Military Benefits to Same-Sex Couples

February 18, 2012

Attorney General Eric Holder released a letter to House Speaker John Boehner today informing him that the Department of Justice will not defend the constitutionality of a federal law denying benefits to members of the armed forces who are lawfully married to persons of the same sex.

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Rick Santorum's Call for a "Moral Impact Statement" Is Present in the Prop 8 Case

February 17, 2012

In his book "It Takes a Family" Presidential candidate Rick Santorum advocates preparing "moral impact statements" to evaluate changes in society, analogous to the requirement that there be an "environmental impact statement" before land use changes are undertaken.  I completely agree.

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Question of Law or Question of Fact: Edie Windsor's Motion to Strike and the Flowering of Empiricism

September 4, 2011

In 1911 Roscoe Pound published The Scope and Purpose of Sociological Jurisprudence (which may be found in two parts at pages 140 and 489 of Volume 25 of the Harvard Law Review).  A century later a consequence of Pound's legal philosophy is that the lines between "questions of law" and "questions of fact" are becoming ever [...]

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House Briefs Against Same-Sex Marriage (2): Brief in Opposition to Motion for Summary Judgment

August 5, 2011

As reported in yesterday's post, the House of Representatives has filed briefs in the case of Windsor v. United States in federal district court in New York.  Yesterday's post described the House's Answers to Interrogatories.   Today's post summarizes the House's Brief in Opposition to Plaintiff's Motion for Summary Judgment.

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House Briefs Against Same-Sex Marriage (1): Answers to Interrogatories

August 4, 2011

On August 1, 2011, lawyers for the House of Representatives filed briefs in support of the constitutionality of the federal Defense of Marriage Act.  Adam Bink at Prop 8 Trial Tracker has posted both briefs: one is a Response to Interrogatories and the other is a Brief in Opposition to Plaintiff's Motion for Summary Judgment.  [...]

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Same-Sex Marriage After New York

June 26, 2011

Now that New York has legalized same-sex marriage for residents and non-residents alike, the political and legal landscape for same-sex marriage has been dramatically altered.

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Religious Exemptions in New York State Marriage Equality Act

June 25, 2011

Last night New York State Governor Cuomo announced the passage of the Marriage Equality Act and signed it into law.  This post discusses the religious exemptions contained in the new law.

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New York State Legislature Enacts Same-Sex Marriage Bill

June 24, 2011

Moments ago the New York State Senate, by a vote of 33-29, approved a statute recognizing same-sex marriage.

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