LGBT issues

  • February 18, 2014
     
    In an article for the The Orange County Register, Erwin Chemerinsky, Faculty Advisor for the University of California Irvine School of Law ACS Student Chapter, explains why the upcoming decision of Harris v. Quinn could pose a threat to public employee unions.
     
    Volkswagen workers at a Chattanooga, Tennessee plant announced their decision last Friday not to join the United Automobile Workers. Steve Greenhouse of The New York
    Times reports on the possibility of a German-style works council in 
    Chattanooga and what it could mean for Volkswagen and the UAW.
     
    At the CPRBlog, Thomas McGarity and Matt Shudtz examine the legal concessions made by the Occupational Safety and Health Administration in a policy proposal that protects workers from silica dust exposure.
     
    Writing for The Daily Beast, Jamelle Bouie discusses the Michael Dunn murder trial and the racial consequences of Florida’s “Stand Your Ground” law.
     
    Mark Sherman of The Associated Press notes how President Obama’s judicial appointees are shaping the discussion on same-sex marriage in Virginia.
     
    Writing for The Root, Henry Louis Gates Jr. explains why the race of a mythical princess continues to play a role in the study of black history.
  • February 10, 2014

    The U.S. Department of Justice announced an expanding federal recognition of same-sex marriages. Human Rights Campaign reports on the policy change that has Attorney General Eric Holder, Jr. calling for the DOJ “to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages.”
     
    Writing for Balkinization, Gerard N. Magliocca anticipates a lengthy opinion from the Supreme Court in McCutcheon v. Federal Election Commission. Magliocca explains why the justices should make it brief.
     
    Reporting for The Washington Post, Brian Fung explores why it is likely that net neutrality will not reach our nation’s highest court.
     
    In “Slavery, By the Numbers,” Henry Louis Gates, Jr. provides readers of The Root with “28 statistics every American should know this Black History Month.”
  • February 6, 2014
     
    Writing for The Huffington Post, distinguished George Washington University Law School Prof. Alan B. Morrison and co-author Adam A. Marshall argue in favor of the National Popular Vote (NPV) movement. In his article, Morrison—a faculty advisor to the ACS Student Chapter at GWU—explains why the current state of the Electoral College is a major deficit to American democracy and how the NPV movement would facilitate a more representative voting system.
     
    Writing for SCOTUSblog, Jody Freeman explains why the greenhouse gas cases pending at the U.S. Supreme Court will have little impact on the EPA and the government’s ability to regulate emissions.
     
    The Associated Press reports on the developing case in the U.S. Court of Appeals for the Tenth Circuit that has Utah state attorneys insisting that same-sex marriage will devalue the family structure and lead to economic crisis.
     
    David H. Gans of Slate breaks down Hobby Lobby’s lawsuit against the Obama administration to reveal why, when it comes to the free exercise of religion, most corporations are sitting this one out.
     
    At the blog of Legal Times, Todd Ruger notes the diversity of President Obama’s judicial nominees.

     

  • January 22, 2014
    Guest Post
    by Joshua Block, LGBT Project, American Civil Liberties Union
     
    This post originally appeared on the ACLU's Blog of Rights.
     
    Yesterday, the ACLU filed a lawsuit against Utah to force the state to continue recognizing the marriages of more than 1,000 same-sex couples who were legally married in the weeks after a federal court struck down Utah’s bans on allowing same-sex couples to marry. From the moment the federal court in Kitchen v. Herbert issued its decision on December 20, 2013, to the moment the Supreme Court issued a stay of the ruling on January 6, 2014 while the case is appealed, there was an outpouring of same-sex couples across the state who were finally able to express their love and commitment to each other through marriage and to protect their families through the protections and responsibilities that flow from being legally married.
     
    After the Supreme Court stayed enforcement of the district court’s decision Utah’s governor has issued a directive ordering all state agencies to put the recognition of those marriages “on hold.” By terminating recognition of their marriages, the Governor’s directive effectively divorced over 1,000 couples in the eyes of the state, throwing their lives into disarray.
     
    “We’re back at square one, with no idea what’s going to happen to us if one of us is hospitalized,” says Stacia. Her wife JoNell was treated much better when accompanying her during an emergency room visit after they were married than she was the time medical staff ignored and excluded JoNell during a previous hospitalization three years ago.  “After 13 years together, we just want the security and peace of mind to know we can be there for each other in the hard times.”
     
  • July 31, 2013
    Guest Post

    by Steve Sanders, associate professor, Maurer School of Law, Indiana University Bloomington.  

    The federal court decision last week ordering Ohio to honor a same-sex marriage that had been performed in Maryland was a legal landmark – the first federal decision to hold that, even if a state is hostile toward creating same-sex marriages, it may still be required to recognize such unions from other states.  The opinion relied on a reading of the Supreme Court’s Defense of Marriage Act (DOMA) decision that was probably too simplistic, and it failed to provide a robust and persuasive constitutional explanation for the distinction between recognizing existing marriages and actually creating new ones.  (Later in this post, I’ll suggest a better analysis.)  Still, the decision signals the opening of a new front in marriage equality litigation, a development I have previously suggested is overdue.  

    The case involved two Cincinnati men, James Obergefell and John Arthur.  Arthur is dying of Lou Gehrig’s Disease, and the couple wanted his Ohio death certificate to list his status as “married,” with Obergefell as his surviving spouse.   In early July the couple flew to Maryland in a specially equipped medical jet, were married in the plane as it sat on a tarmac, and returned home the same day.