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The Latest Breaking News from Obergefell

Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time

The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.

Reason

Republican state lawmakers galvanize to attack same-sex marriage

The recent wave of GOP-led bills comes as Trump becomes emboldened in orders against LGBTQ+ communities

The Guardian - US

Idaho Republican lawmakers call on Supreme Court to reverse same-sex marriage ruling

The measure does not carry the force of law but signals how far the GOP will go to test precedent

The Independent UK

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Republican Lawmakers Launch Official Demand to Overturn Same-Sex Marriage Ahead of Trump Inauguration

Idaho Republican lawmakers introduced a resolution urging the Supreme Court to overturn Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage. While the non-binding measure holds no legislative power, it reflects escalating conservative rhetoric targeting LGBTQ+ rights. Advocates warn the move is part of a broader effort to roll…

Latin Times

Part X: Modern Substantive Due Process

An Introduction To Constitutional Law Video Library: Griswold v. Connecticut (1965), Roe v. Wade (1973), Planned Parenthood v. Casey (1992), Whole Woman's Health v. Hellerstedt (2016), Lawrence v. Texas (2003), U.S. v. Windsor (2013), Obergefell v. Hodges (2015), Dobbs v. Jackson Women’s Health Organization (2022)

Reason

Supreme Court Briefs Filed By Attorney General Kamala Harris

Knowing all that we know, I struggle to see how putting Harris in the White House would "save conservatism."

Reason

What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright

Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.

Reason

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Today in Supreme Court History: June 26, 2003, June 26, 2013, and June 26, 2015

6/26/2003: Justice Kennedy writes the majority opinion in Lawrence v. Texas. 6/26/2013: Justice Kennedy writes the majority opinion in U.S. v. Windsor. 6/26/2015: Justice Kennedy writes the majority opinion in Obergefell v. Hodges.

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

Reason

Today in Supreme Court History: June 26, 2003, June 26, 2013, and June 26, 2015

Reason

US House of Representatives passes LGBTQ marriage protections

Voting a second time on the Respect for Marriage Act, lawmakers have sent the bill to US President Joe Biden to sign.

Al Jazeera

With Respect for Marriage Act about to become law, same-sex South Florida couples relieved but not sanguine

FORT LAUDERDALE, Fla. — The Respect for Marriage Act, which is on the verge of becoming federal law, is alleviating some of the concern same-sex couples have felt in recent months. But, legal experts and LGBTQ advocates warn, it’s not a panacea and it isn’t time to pop the champagne…

Tribune News Service

US Senate passes bipartisan bill protecting same-sex marriage

The Respect for Marriage Act now returns to the Democratic-led US House of Representatives for a final vote.

Al Jazeera

U.S. Senate gives final passage to same-sex marriage bill without support from Cruz and Cornyn

The bill is largely a safeguard against potential action by the Supreme Court to overturn Obergefell v. Hodges, which made the Defense of Marriage Act unenforceable and enshrined the right to same-sex marriages across the country.

The Texas Tribune

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Reason

Federal Gay Marriage Bill Returns to Senate for Lame-Duck Session Vote

If passed, same-sex couples wouldn’t need to worry about Supreme Court precedents.

USAFacts

What is the state of gay marriage in the US?

In the last decade, the number of same-sex married households more than quadrupled. States in the Northeast and along the West coast tend to have higher shares of same-sex married couples.

Salon

Law professors alarmed by Supreme Court

One professor slammed the court for its “screamingly, unapologetically activist" abortion ruling

St. Louis Post-Dispatch

Editorial: Supreme Court's Roe ruling threatens same-sex rights. Congress must protect them

When the Supreme Court overturned Roe v. Wade, effectively allowing Missouri and other red states to immediately outlaw abortion, many who supported that decision scoffed at warnings that same-sex marriage and even interracial marriage rights could be next. Now, as congressional Democrats and some Republicans push legislation to protect marriage…

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WEKU

Scared after the fall of Roe, these 2 Texas women rushed to tie the knot

Following the Supreme Court's decision, Carlie Brown and Molly Pela rescheduled their wedding for nine months earlier. They fear that without federal protections, their family remains vulnerable.

The Guardian - US

Republican went to son’s same-sex wedding days after voting against equal marriage rights

Glenn Thompson voted against Respect for Marriage Act, which would codify the right to have a same-sex marriage into federal law

Chicago Tribune

Editorial: After Dobbs, same-sex marriage could be threatened. Congress is right to codify it

With the upheaval caused by the Supreme Court’s overturning of Roe v. Wade came aftershocks of worry about what could come next. Could, as Justice Clarence Thomas suggested in his concurring opinion, same-sex marriage get lined up in the court’s crosshairs as a future target? Contraception? Interracial marriage?

Tribune News Service

Heidi Stevens: The world is on fire. Why are we debating people's right to marry who they love?

I thought, naively it turns out, we might get to a point in my lifetime where we stop saying same-sex marriage. Where we just say marriage.

Reason

Five Thoughts About The Respect for Marriage Act

Today the Respect for Marriage Act passed the House by an unexpectedly large margin. And there is movement afoot to see if the bill will garner ten Republican votes to break a Senate filibuster. Ilya addressed the bill here. I'd like to add five more thoughts. First, one of the…

Reason

Congress Considers Gay Marriage Bill To Avoid a Future Supreme Court Showdown

Passing an actual law is a good and proper way of enshrining recognition.

Tribune News Service

Without Obergefell, most states would have same-sex marriage bans

The U.S. Supreme Court legalized same-sex marriage in 2015, but in most states, laws or constitutional amendments would revive the prohibition if the high court decides, as it did with abortion, that such unions are not a constitutionally protected right.

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