Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Supreme Court and Same-sex Marriage
In late June, the U.S. Supreme Court handed down two historic decisions involving the issue of same-sex marriage. In United States v. Windsor, No. 12-307, 2013 WL 3196928 (U.S. June 26, 2013), the Court held unconstitutional section 3 of the Defense of Marriage Act (DOMA), which limited marriage to heterosexual unions of one man and one woman for purposes of federal law. In a 5-4 decision, the Court held that DOMA's definition of marriage was unconstitutional. In Hollingsworth v. Perry, No. 12-144, 2013 WL 3196927 (U.S. June 26, 2013), the Court held that it did not have jurisdiction to determine the constitutionality of Proposition 8, a 2008 California ballot initiative that amended that state's Constitution to define marriage as the union of a man and a woman. The ruling, also a 5-4 decision, let stand a lower court decision that had struck down Proposition 8 as unconstitutional.”
DOMA Violates Same-sex Spouses' Equal Protection Rights
In Windsor, in an opinion by Justice Anthony Kennedy, the Court held that DOMA's definition of marriage “violates basic due process and equal protection principles applicable to the Federal Government.” Id., 2013 WL 3196928, at *15. The Court went on to declare that “[t]he avowed purpose and practical effect of [DOMA] are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States,” and that “DOMA's principal effect is to identify a subset of state-sanctioned marriages and make them unequal.” Id. at *15-*16. Holding that the law deprived the “liberty of the person” guaranteed by the Fifth Amendment to those “joined in same-sex marriages made lawful by the State[,]” the majority confined its holding to situations where same-sex partners are in marriages legal under state law. Id. at *18.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.