Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Do Same-sex Couples Have a Constitutional Right to Get Married and Stay Married?
A dozen years ago, there was not a state in the nation where same-sex partners could legally marry. Since then, same-sex marriage has been legalized, either by court ruling, legislation or referendum, in 37 of the 50 states and the District of Columbia. (In one of the 37 states, Alabama, the state's highest court issued an order on March 3, 2015, prohibiting the issuance of marriage licenses to same-sex couples. The order came after a federal district court struck down Alabama's ban on gay marriage and more than 500 same-sex couples were married in the state.) Now, the U.S. Supreme Court is poised to decide whether any state may prohibit same-sex marriages ' or decline to recognize such marriages ' without running afoul of the federal Constitution. A decision is expected late this month.
Last October, as it opened its current Term, the Supreme Court declined to hear any of the cases, stemming from the Fourth, Seventh and Tenth Circuits, in which state bans on same-sex marriage were held unconstitutional. The following day, the Ninth Circuit joined its sister courts and invalidated the state bans on same-sex marriage that were before it. Reacting to questions about the high Court's denial of certiorari, Justice Ruth Bader Ginsberg remarked that there was “no crying need” for the Court to weigh in on the same-sex marriage issue in the absence of a split among the circuits. (For a discussion of those cases and Justice Ginsberg's remarks, see F. Gulino, “No Need to Rush”: As State Bans on Same-sex Marriage Continue to Fall, the Supreme Court Dodges the Issue (for Now), The Matrimonial Strategist , Nov. 2014 (online version), http://bit.ly/1PdHhx7.) Such a circuit split was just around the corner.
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
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.