Even worse than the good old days

Folks are comparing Roy Moore, chief justice of the Alabama Supreme Court, to Ross Barnett and George Wallace. I’d expect comparisons to Orval Faubus, too, although I haven’t seen those. (Yesterday, Moore entered an order prohibiting the issuance of same-sex marriage licenses in Alabama, in defiance of the federal district court ruling holding the prohibition […]

Mississippi Constitution has the anti-gay marriage provision right where the prohibition against interracial marriage was

Section 263 of the Mississippi Constitution used to prohibit interracial marriage. While this was declared unconstitutional by Loving v. Virginia in 1967, the voters and legislature of Mississippi finally got around to repealing it in 1987.

And what went into that vacancy? Section 263A of the constitution now sits right behind the space 263 used […]

Gay Marriage: Shouldn’t full faith and credit be the next battle?

Question: What happens when a couple with a valid gay marriage sues a state like Mississippi saying it’s entitled to respect under the Constitution’s requirement of Full Faith and Credit? The clause requires all states give full faith and credit to the “public acts, records, and judicial proceedings of every other state.” Doesn’t that require […]

DOMA is unconstitutional on Equal Protection grounds… Prop 8 punted for lack of standing

Scalia, dissenting today, has some language that the dissent could have used nicely in yesterday’s preclearance case:

This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’’s opinion aggrandizes the latter, with the predictable consequence […]

Tomorrow at the Supreme Court… (according to Tom Toles)

Adam Liptak’s interesting entrail reading about cert grant votes on gay marriage cases

Adam Liptak of the New York Times has a fascinating speculation about clues from the oral arguments in the gay marriage case about why cert was granted.

A couple of points needed to understand the piece: First, while it takes five votes to win in the Court, only four are required to get review. Second, […]

The Consequences of Gay Marriage

From GraphJam. h/t TPM.

Some notes on Loving v. Virginia and the Prop 8 opinion

Questions being raised here and there have sent me back to re-read Loving v. Virginia, the case where the United States Supreme Court held that bans on interracial marriages were unconstitutional. There are several things of interest in evaluating yesterday’s Proposition 8 opinion. First, the decision rests on two independent rationales– first, that the Equal […]

Some links about the Trial Challenging Proposition 8 in California

Some interesting links if you want to qucikly get up to speed on the Proposition 8 trial in San Francisco. First, some background: Ted Olson, a respected Republican Supreme Court advocate and former Solicitor General and David Boies, equally respected litigator (and who were last in court together on opposite sides of Bush […]