Perry case
Law professor Nan Hunter comments on the February 3rd brief by the ACLU, Lambda Legal, and the National Center for Lesbian Rights. She says that the brief represents "a different strategy than the one Boies and Olson have pursued, as it would give "the court a way to rule for the plaintiffs without invalidating other states' laws" - and thus a way to lower the risk of U.S. Supreme Court review. The different strategy has been "a persistent bone of contention, since the beginning of the case, between the lgbt groups - which are worried about attempting to win such a sweeping decision from the current U.S. Supreme Court - and Olson/Boies litigation team."
Paul Cameron of the Family Research Institute (FRI) offers his "Take on the Prop. 8 Trial." (cross-posted at ADF Alliance Alert) He advertises himself as "[a]s the man every homosexual ‘loves to hate.’" He has been the subject of investigation by the American Psychology Association. (I am new to the contoversy surrounding him.) Although he says that he was not called to testify in the trial, he claims that "[a]mazingly enough, FRI has solid empirical evidence that ... there are real harms associated with homosexuality and homosexual marriage." He then tries to explain why the evidence has been neglected - alleged fear of offending gays and lesbians - and favors "animus" instead: "Animus toward those who seek to corrupt society and seduce children is a good thing." He disparages testimony by psychologist Michael Lamb. Lamb testified that Psychology Reports is not a scientific publication, even though Cameron and a colleague have published in it.
Marriage equality
In the Iowa state House, a proposed super-DOMA amendment, HJR 2001, has been referred to the State Goverment Committee. If approved, its supporters would be able to launch the equivalent of a Prop. 8 campaign to overturn overturn Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). "Lobbyists" for the bill include the state Christian Alliance, Family Policy Action Center, and Catholic Conference. Republican Representatives in the Iowa state House will try to bring the measure out of committee if the committee doesn't approve it. (02/04/10 Iowa Independent)
Restore Equality is a coalition that seeks an initiative on California's 2010 ballot to repeal the constitutional amendment that Prop. 8 added. Love Honor Cherish, a coalition member, has already cleared more than one proposed initiative for petition signatures. I don't know which one Restore Equality targets as the object of its plan this weekend to collect 100,000 signatures.
Religious liberty exemption
The Saskatchewan provincial government in Canada has proposed a law to exempt marriage commissioners from licensing same-sex marriages for religious reasons. It has asked the Saskatchewan Court of Appeal to rule on the constitutionality of the legislation. The Court has not identified a date for hearing the case. "Most of the arguments on both sides hinge on the Charter of Rights — with some contending the marriage commissioners’ religious rights are being infringed, while those opposed to the proposed law say the right not to be discriminated against on the basis of sexual orientation is paramount." (01/14/10 Regina-Post)
Other news
"Liberty University School of Law will host a one-day conference followed by a one-day symposium addressing homosexuality and its consequences. The Friday, February 12, conference is entitled 'Understanding Same-sex Attractions and Their Consequences.' On Saturday, February 13, the Liberty University Law Review will host a legal symposium entitled 'Homosexual Rights and First Amendment Freedoms: Can They Truly Coexist?'" (02/03/10 press release)
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Commentators, Subjects and Cases
- 14th Amendment
- Act To End Discrimination in Civil Marriage and Affirm Religious Freedom
- Adar v. Smith
- Adoption
- Affaire de AFER
- Alan Brownstein
- Alex Kozinsky
- Alliance Defense Fund
- Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization
- Amy Margolin
- Andrew Koppelman
- Andrew Pugno
- Angelique Naylor
- Ann Ravel
- Anthony Romero
- Appling v. Doyle
- Arthur Leonard
- Asylum
- Austin R. Nimocks
- Baker v. Vermont
- Balde v. Alameda Unified School District
- Benson v. Alverson
- Beth Robinson
- Bishop et al v. State of Oklahoma et al
- Bobbie Wilson
- Bonilla v. Hurst
- Boseman v. Jarrell
- Brad Sears
- Brenda Cox
- Brian E. Gray
- Brian Raum
- Brian W. Raum
- Burns v. State of California
- California Assn. of Retail Tobacconists v. State of California
- California Civil Marriage Religious Freedom Act
- California Family Protection and Marriage Recognition Act
- California Marriage Equality Act Initiative
- California Marriage Recognition and Family Protection Act
- California State Bar
- Calvin Massey
- Camilla Taylor
- Campaign for California Families
- Campaign for California Families v. Newsom
- Carl Esbeck
- Carlos Ball
- Carlos Moreno
- Chad Griffin
- Chai Feldblum
- Chambers v. Ormiston
- Charles Cooper
- Charles S. Merrill v. IRS
- Christopher Krueger
- Civil Unions
- Cleveland Taxpayers for the Ohio Constitution v. City of Cleveland
- COBRA
- Cole v. Arkansas
- Collins v. Brewer
- Colorado Civil Union Benefits and Responsibilities Act
- Commonwealth of Massachusetts v. U.S. Dept. Health and Human Services
- Counsel
- Crawford v. Board of Education
- Custody
- D.C. Marriage Initiative of 2009
- D.C. Religious Freedom and Civil Marriage Equality Amendment Act of 2009
- D.C. Stand for Marriage
- Dale Carpenter
- Dan Lungren
- Darren Spedale
- David Blankenhorn
- David Boies
- David Codell
- David Cruz
- David Llewellyn
- Dean v. District of Columbia
- Deb Kinney
- Deborah Wald
- Debra H. v. Janice R.
- Defense of Mariage Act
- Defense of Marriage Act
- Dennis Herrera
- Dennis Johnson
- Dennis Maio
- Designated Beneficiary Agreements
- Dissolution
- Divorce
- DOMA
- Domestic Partnership Benefits and Obligations Act of 2009
- Domestic Partnership Initiative
- Domestic Partnerships
- Doug Laycock
- Douglas Napier
- Douglas NeJaime
- Douglas W. Kmiec
- Dragovich v. U.S. Dept. Treasury
- e Photography LLC v. Vanessa Willock
- Edward Stein
- Elaine Photography LLC v. Vanessa Willock
- Elizabeth Gill
- Emily Doskow
- Equal Protection
- Erwin Chemerinsky
- Ethan Leib
- Eugene Volokh
- Eva Jefferson Paterson
- Evan Gerstmann
- Evan Wolfson
- Family Research Council
- First Amendment
- Florida Dept. of Families and Children v. In re: Matter of Adoption of X.X.G. and N.R.G.
- Frederick Hertz
- Full Faith and Credit
- Gartner v. Newton
- Geoffrey Stone
- George Deukmejian
- Gerald Uelmen
- Gerritsen v. City of Los Angeles
- Gill et al. v. Office of Personnel Management et al.
- Gill v. Adkins
- Glen Lavy
- Glen Smith
- Glenn Stanton
- Gloria Allred
- Godfrey v. Spano
- Golinski v. U.S. Office of Personnel Management
- Goodridge v. Dept. of Public Health
- Goodwin Liu
- Greene v. County of Sonoma
- Gregory Johnson
- H.M. v. E.T.
- Harmon v. Davis
- Hernandez v. Robles
- Hi-Voltage Wires Works Inc. v. City of San Jose
- Hollingsworth v. Perry
- Hospital visitation
- Illinois Equal Marriage Act
- Illinois Religious Freedom Protection and Civil Union Act
- Immigration
- In re Marriage Cases
- In re Marriage of Tara Ranzy and Larissa Chism
- In the Matter of Brad Levenson
- In the Matter of Karen Golinski
- In the Matter of the Marriage of J.B. and H.B.
- Inalienable Rights
- Iowa Marriage Amendment
- Ira Lupu
- Ireland Civil Partnership Bill 2009
- Irving Greines
- J.B. Van Hollen
- Jackson v. D.C. Elections Board II
- Jackson v. District of Columbia Board of Elections and Ethics
- James Bopp
- James Brosnahan
- James Hochberg
- Jane Schacter
- Jay Sekulow
- Jayne Dunnum v Dept of Employee Trust Funds
- Jean Love
- Jeff Amestoy
- Jeffrey S. Trachtman
- Jennifer Pizer
- Jerry Brown
- Jesse Choper
- Joanna Grossman
- John Berry
- John Eastman
- John G. Culhane
- John Oakley
- John Van de Kamp
- Jon Davidson
- Jon Eisenberg
- Jonathan Rauch
- Jordan Lorence
- Joseph G. Milizio
- Joseph Grodin
- Justice Joyce Kennard
- Justice Kathryn Werdegar
- Justice Ming Chin
- Karl Manheim
- Kate Kendell
- Katherine Darmer
- Katherine M. Franke
- Kathleen Sullivan
- Kenji Yoshino
- Kenneth Starr
- Kent Richla
- Kern v. Taney
- Kerrigan v. Commissioner of Public Health
- Kevin Norte
- Kevin Snider
- Ladle v. Islington
- Laurence Tribe
- Lawrence v. Texas
- Legal Parent
- Legislature v. Eu
- Leiland Traiman
- Lester Pines
- LetNHVote.com
- Lewis v. Harris II
- Lewis v. New York State Department of Civil Service
- Liberty Counsel
- Lisa Miller-Jenkins v. Janet Miller-Jenkins
- Liu
- Livermore v. Waite
- Liz Seaton
- Love Honor Cherish Initiative
- LUV Campaign
- LUV Iowa
- Lynn Wardle
- M. Katherine B. Darmer
- Maggie Gallagher
- Maine Question 1
- Maine Act To End Discrimination in Civil Marriage and Affirm Religious Freedom
- Maine Question 1
- Malcom Lucas
- Manhattan Declaration
- Marriage Alternative
- Marriage Equality Legislation
- Marriage Equality Repeal
- Marriage Protection Amendment
- Martha Nussbaum
- Martin Gill case
- Martinez v. Kulongoski
- Mary Bonauto
- Mary McAlister
- Maryland Religious Freedom and Civil Marriage Protection Act
- Massachusetts v. U.S. Dept. Health and Human Services
- Mathew Staver
- McConkey v. Van Hollen
- McD v L
- Michael Dorf
- Michael Perry
- Minnesota Marriage and Family Protection Act
- Mullens v. Hobbs
- Nan Hunter
- Nancy Polikoff
- Nelson Lund
- Nevada Domestic Partnership Act
- New Hampshire Equal Access to Marriage Legislation
- New Jersey Freedom of Religion and Equality in Civil Marriage Act
- New York Marriage Equality Act
- O'Darling v. O'Darling
- O’Darling v. O’Darling
- Ocean Grove Camp Meeting Assoc. v. Vespa-Papeleo
- One Iowa
- Oral Arguments
- Out-of-State Marriage Recognition
- Pacific Justice Institute
- Pam Karlan
- Parenting
- Parker v. Hurley
- Patricia Cain
- Paul Brest
- Pennsylvania Marriage Equality Legislation
- People v. Frierson
- Perez v. Sharp
- Perry et al v. Schwarzenegger et al
- Peter Obstler
- Peter Scheer
- Peter Teachout
- Political Reform Act of 1974
- Popular Constitutionalism
- Popular Democracy v Representative Democracy
- Portability
- Prendergast v. Snyder
- Rational Scrutiny
- Raven v. Deukmejian
- Referendum
- Reitman v. Mulkey
- Religious Freedom Protection and Civil Union Act
- Religious Liberty Exemption
- Respect for Marriage Act
- Restore Equality 2010
- Retroactive v. Not Retroactive
- Revision v. Amendment
- Rhode Island Marriage Equality Bill
- Rick Garnett
- Robert George
- Robert Nagel
- Robin Fretwell Wilson
- Robin West
- Romer v. Evans
- Sam Marcosson
- Schalk and Kopf v. Austria
- Separation of Powers
- Shannon Minter
- Shelley Ross Saxer
- Shineovich v. Kemp
- Smelt v. United States of America
- State v. Carswell
- Stephen Bainbridge
- Stephen Barnett
- Stephen Page
- Stephen Reinhardt
- Steve Mayer
- Strauss v. Horton
- Strict Scrutiny
- Super DOMA Amendment
- Susan Sommer
- The Domestic Partnership Benefits and Obligations Act of 2009
- Theodore Boutrous Jr.
- Theodore Olson
- Therese Stewart
- tobias Wolff
- Tom Berg
- U.C. Berkeley Law Professor Jesse Choper Choper
- U.S. v. Carolene Products Co.
- Uniting American Families Act of 2009
- Varnum v. Brien
- Vermont Act to Protect Religious Freedom and Promote Equality in Civil Marriage
- Vikram Amar
- Vivian Polak
- Washington Referendum 71
- William Araiza
- William Eskridge
- WVForMarriage.com
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