September 5, 2014
by Julie Deisher-Edwards
The US Court of Appeals for the Seventh Circuit on Thursday upheld lower courts' decisions striking down the same-sex marriage bans in Wisconsin and Indiana. The court heard oral arguments on the bans in August. Writing for a unanimous court, Judge Richard Posner states that neither state has ...[read more]
February 21, 2014
by Amy Mathieu
Oregon Attorney General Ellen Rosenblum said in a filing on Thursday that her office will not defend Oregon's ban on same-sex marriage. Rosenblum said that the ban cannot survive a federal constitutional challenge under any standard of review. Rosenblum went on to say that there was no rational ...[read more]
May 20, 2013
by Zachariah Rivenbark
On May 20, 1996, the US Supreme Court held unconstitutional Amendment 2 to Colorado's state constitution because it violated the Equal Protection Clause. Amendment 2 prohibited the state and municipal governments from enacting, adopting or enforcing anti-discriminatory legislation that protected ...[read more]
April 2, 2013
by Michael Muha
JURIST Guest Columnist Robert McNamara, an attorney for the Institute for Justice, argues that the standard of review that the US Supreme Court ultimately uses in deciding US v. Windsor should not be perceived as the determinative element in that case's eventual outcome...When the US Supreme Court ...[read more]
March 26, 2012
by Stephen Krug
JURIST Guest Columnist Robert McNamara, an attorney for the Institute for Justice, says that courts utilizing rational basis analysis should look at what the government actually offers in its defense instead of creating hypothetical scenarios that might justify a particular government action...On ...[read more]
March 11, 2012
by Michael Kalis
JURIST Guest Columnist Julie Nice of the University of San Francisco School of Law says that the ruling in Golinski continues the momentum of recent decisions rejecting defenses that deny the designation and benefits of marriage to same-sex couples and their children...If you are a casual ...[read more]
September 9, 2011
by Dwyer Arce
On September 9, 2010, a judge for the US District Court for the Central District of California struck down the US military's "Don't Ask Don't Tell" (DADT) policy, which banned openly gay individuals from the armed services. The suit was initiated in 2004 by the Log Cabin Republicans, who argued ...[read more]
August 4, 2011
by Dwyer Arce
On August 4, 2010, a judge for the US District Court for the Northern District of California ruled that California's ban on same-sex marriage violated the US Constitution. Judge Vaughn Walker held that the ban, known as Proposition 8, violated both the Due Process Clause and the Equal Protection ...[read more]
November 25, 2010
by Dwyer Arce
On November 25, 2008, a Florida trial court judge ruled that a state statute preventing same-sex couples from adopting children was unconstitutional, allowing a Florida petitioner and his partner to adopt two children previously in his foster care. Judge Cindy Lederman of the Eleventh Judicial ...[read more]
September 23, 2010
by Erin Bock
Florida's Third District Court of Appeal on Wednesday struck down a state law prohibiting gay couples from adopting, finding that it failed rational basis review and violated the state constitution's equal protection clause. The case was brought by Martin Gill, a gay man who provided foster care ...[read more]

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