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Gill v. Office Of Personnel Management: Downfall Of The Defense Of Marriage Act?

By Teresa M. Harkins La Vita This Emerging Issues Analysis analyzes the court's ruling in Gill v. Office of Personnel Management . The author addresses the impact that this decision, out of the U.S. District Court in Massachusetts, may have on the future of the Defense of Marriage Act (DOMA), 1...

Heinle and La Vita on Gill v. Office of Personnel Management: the downfall of DOMA?

By Teresa M. Harkins La Vita This Emerging Issues Analysis analyzes the District Court's ruling in Gill v. Office of Personnel Management . The author addresses the impact that this decision, out of the United States District Court in Massachusetts, may have on the future of the Defense of Marriage...

Teresa M. Harkins La Vita on The American Bar Association's Resolution 111: On the Road to Marriage Equality in America

By Teresa M. Harkins La Vita This Emerging Issues Analysis addresses the American Bar Association's Resolution 111, which urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible...

Ninth Circuit Conducts Oral Argument on Proposition 8, Marriage for Same-Sex Couples, by Diana Richmond

By Diana Richmond, Partner, Sideman & Bancroft LLP This Emerging Issues Analysis examines the December 6, 2010 oral argument, heard by a three-judge panel of the Ninth Circuit Court of Appeals, on whether Proposition 8, limiting the right to marry to opposite-sex couples, violates the U.S. Constitution...

Fulbright Team Files Amici Curiae Briefs on Behalf of Over 60 Public Interest Organizations in DOMA and Proposition 8 Cases

On February 28, 2013, Fulbright filed amici curiae briefs on behalf of over 60 public interest organizations with the U.S. Supreme Court as part of the Proposition 8 and Defense of Marriage Act cases. The briefs urge the Court to apply heightened scrutiny under the Equal Protection clause to classifications...

State Net Capitol Journal: Gay Marriage Battle Begins in Minnesota

Emboldened by Minnesota voters' simultaneous rejection of a proposed constitutional ban on same-sex unions and termination of GOP control of both houses of the Legislature in November, a pair of DFL lawmakers have introduced legislation seeking to overturn the state's statutory ban on same-sex...

Illinois House of Representatives Fails to Vote on Marriage Bill

"This is a stunning failure in the Illinois House. Lambda Legal's lawsuit will move forward..." At the close of the legislative session, the Illinois House of Representatives did not call for a floor vote or advance The Religious Freedom and Marriage Fairness Act, the bill that would grant...

High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional

WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S. Supreme Court on June 26 struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as the legal union between one man and one woman as husband and wife for purposes of all federal statutes...

Supreme Court Finds No Standing To Appeal Same-Sex Marriage Ruling

WASHINGTON, D.C. - (Mealey's) Proponents of California's Proposition 8 banning same-sex marriage did not have standing to appeal a ruling finding the ballot initiative unconstitutional, the U.S. Supreme Court held June 26 in a 5-4 ruling ( Dennis Hollingsworth, et al. v. Kristin M. Perry, et...

State Net Capitol Journal: Governors Brace For Marriage Fight To Return To States

Governors reacted somewhat predictably to the Supreme Court's historic decisions supporting same-sex marriage last Wednesday, with Democrats hailing the rulings and Republicans bemoaning them. But there is one thing both sides can agree on: the battle over gay marriage is sure to now shift back to...

State Net Capitol Journal: What Supreme Court Decisions Could Mean For the States

By Lou Cannon The Supreme Court's momentous rulings last month on three issues shook up the country and the states. The court gave conservatives a victory on voting rights while moving the country in a liberal direction on marriage equality. Disappointing both sides, the court also kept affirmative...

State Net Capitol Journal: Momentum Shift On Gay Marriage?

With Illinois Gov. Pat Quinn's (D) signing of SB 10 last week, his state became the 16th to legalize same-sex marriage. But that action may have marked a major turn in the battle over the issue. This year five states with Democrat-controlled legislatures — Delaware, Hawaii, Illinois, Minnesota...