On Thursday night’s The Daily Show, Jon Stewart took the Supreme Court to task for the Justices’ ambivalence about the discriminatory intent behind the passage of the Defense of Marriage Act, highlighting anti-gay testimony from the House floor in 1996. He also called out Justice Scalia’s claim that there is “considerable disagreement among sociologists,” pointing [...]
(Dale Carpenter) Overnight, it seems, federalism has become a major ground on which the Defense of Marriage Act is being contested. This is surprising because, as we saw Wednesday in the arguments of Roberta Kaplan and the Solicitor General, there were no real advocates for federalism as an issue in United States v. Windsor. No advocates, that is, except [...]
This has been a big week. The Supreme Court has been hearing arguments in two key gay marriage cases — the Defense of Marriage Act and California’s Proposition 8 — and their eventual judgments will essentially reveal how the highest court in the land views the constitutionality of a ban on gay marriage. Supporters of [...]
On Thursday night, Jon Stewart took on the topic of same-sex marriage, focusing in on the Supreme Court's Defense of Marriage Act hearing. Going through the justices' varying arguments, the host tore into gay marriage opponents' logic and questioned what, exactly, they fear will occur.
Facebook users weren't the only people affected by the Supreme Court's two gay marriage cases Tuesday and WednesdayTwitter was full of conversations about marriage equality, Prop 8 and the Defense of Marriage Act
Top tweets came from...Show More Summary
This week, the Supreme Court heard oral arguments in two cases dealing with gay marriage: the challenges to California’s Proposition 8 and the federal Defense of Marriage Act. On the Political Scene podcast, Jeffery Toobin and Margaret...Show More Summary
By Jacob Combs After the whirlwind that has been the last two days at the Supreme Court, it’s hard to point to any outcome in either the Prop 8 case or in Edie Windsor’s challenge to the Defense of Marriage Act as more likely than another. There was division on the Court as to the [...]
The 1996 Defense of Marriage Act (DOMA) was not primarily a tax law but it certainly affects the federal taxes that same-sex couples pay. In fact, taxes are the basis for the second of the two cases concerning same-sex marriage that the Supreme Court will hear this week. Although the federal government generally recognizes state [...]
As the Supreme Court debated this week over the federal Defense of Marriage Act, Justice Antonin Scalia noted the number of states that are permitting gays and lesbians to marry. "There has been a sea change," he said, "between now and 1996." He was right about that, but it’s not just gay marriage
(Ilya Somin) In a recent op ed, Harvard Law Professor Noah Feldman argues that striking down the Defense of Marriage Act on federalism grounds – as advocated in an amicus brief I signed along with several other federalism scholars, including co-bloggers Jonathan Adler, Randy Barnett, and Dale Carpenter, would lead to “litigation chaos”: [T]he problem with this [...]
The Supreme Court took up a second day on the Defense of Marriage Act, but are there investment implications you may be missing?
The Supreme Court heard oral argument yesterday and today on the constitutionality of a provision in the Defense of Marriage Act. While the issue of marriage equality stokes intense social debate, the question I'd like to look at today...Show More Summary
As the Supreme Court decides the fate of Edith Windsor's case and the Defense of Marriage Act, we compiled 15 photos of Edie and her late partner Thea, that prove love conquers all.
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House Minority Leader Nancy Pelosi, suddenly an expert on the Constitution, said on Wednesday that she and Barack Obama are “honoring the Constitution” in their attacks on the Defense of Marriage Act (DOMA). Pelosi pontificated: And given a choice I think we would all say we’re honoring, as the president does, the Constitution. Show More Summary
While CNN claims to be non-partisan, anchors have been openly expressing their favor for same-sex marriage and advocating the repeal of the Defense of Marriage Act (DOMA). Host Piers Morgan and anchor Don Lemon even descended into smearing...Show More Summary
I’ve filed my thoughts on the second day of oral arguments in the same-sex marriage cases over at Daily Comment—here, meanwhile, are my nominations for each Justice’s most memorable line in the Prop 8 and Defense of Marriage Act cases. Show More Summary
Following Wednesday’s Supreme Court arguments on the constitutionality of the Defense of Marriage Act, there has been a lot of discussion of whether gays and lesbians individually, and the gay-rights movement in general, have become so politically powerful as to hardly warrant the safeguards of the equal-protection clause of the Constitution. Show More Summary
Much is being made of the "federalism" challenge to the Defense of Marriage Act. Leading conservative scholars like Michael McConnell and Jonathan Adler, and conservative commentators like George Will, have argued in briefs filed with...Show More Summary
HBO's Real Time host Bill Maher took to Twitter last night to weigh in on the Supreme Court hearings over California's "Prop 8" same-sex marriage ban and the Defense of Marriage Act. "Listening to Supremes on whether Marriage is a magic...Show More Summary
In 1995, Josh Kardon was chief of staff to then-Congressman Ron Wyden - who was running for the U.S. Senate against Gordon Smith. In a reaction to my post yesterday about Wyden opposing the Defense of Marriage Act, Kardon offered upShow More Summary