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Student Commentary
23 Sep 2014
by Omar Subat of St. John's University School of Law

JURIST Guest Columnist Omar Subat, St. John's University School of Law, Class of 2015, is the author of the second article in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Subat discusses the US Supreme Court's decision in Hollingsworth v. Perry holding that … [read more]


Legal News
15 Aug 2013
by Blake Lynch

[JURIST] The Supreme Court of California [official website] on Wednesday ended [order, PDF] legal challenges over Proposition 8 [text; JURIST news archive] California's now-defunct same-sex marriage ban. Supporters such as Protect Marriage [advocacy website] had argued that a sole judge lacked the authority to overturn a state constitutional amendment, that … [read more]


Features
19 Jul 2013

The independent state actions regarding same-sex marriage and the federal controversy over DOMA have given rise to a great deal of litigation over the legitimacy of same-sex marriage. The most prominent of these is the case challenging the California same-sex marriage ban, Proposition 8. Originally adopted in November 2008, the … [read more]


Legal News
1 Jul 2013
by Jaclyn Belczyk

[JURIST] US Supreme Court [official website] Justice Anthony Kennedy on Sunday rejected a request by Proposition 8 [text, PDF; JURIST news archive] supporters to block the issuance of same-sex marriage licenses in California. The Alliance Defending Freedom (ADF) [advocacy website], a Christian legal advocacy group, had filed an emergency petition … [read more]


Legal News
30 Jun 2013
by Addison Morris

[JURIST] The Alliance Defending Freedom (ADF) [advocacy website], a Christian legal advocacy group, filed an emergency petition [text, PDF] on Saturday, stating that the US Court of Appeals for the Ninth Circuit's [official website] recent decision lifting California's ban on gay marriage was not legal and was decided prematurely. This … [read more]


Legal News
29 Jun 2013
by Blake Lynch

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Friday announced in a one-sentence order [opinion, PDF] that the ban on same-sex marriages "is dissolved effective immediately". This order comes after the Supreme Court's decision on Wednesday that upheld the invalidation of Proposition 8 [text, PDF; … [read more]


Academic Commentary
28 Jun 2013

JURIST Guest Columnist Jessica Levinson of Loyola Law School, Los Angeles, examines the US Supreme Court's recent decision in Hollingsworth v. Perry...In a 5-4 opinion written by Chief Justice John Roberts, the US Supreme Court has ruled that there is simply no one left standing to appeal California's infamous 2008 … [read more]


Legal News
27 Jun 2013
by Theresa Donovan

[JURIST] California Governor Jerry Brown [official website] on Wednesday issued a statement [text] directing the California Department of Public Health (DPH) [official website] to instruct the state's counties to begin issuing marriage licenses to same-sex couples who are seeking them. The licenses, however, will not be issued until the US … [read more]


Professional Commentary
27 Jun 2013

JURIST Guest Columnist Kevin Snider, Chief Counsel for the Pacific Justice Institute, reacts to the landmark Supreme Court decision striking down the proponents of Proposition 8 in Hollingsworth v. Perry...Californians have determined on two occasions that it is in the best interest of society to leave marriage as a union … [read more]


Legal News
26 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled in two landmark same-sex marriage [JURIST backgrounder] cases Wednesday. In United States v. Windsor [SCOTUSblog backgrounder], the court ruled [opinion, PDF] 5-4 that Section 3 of the federal Defense of Marriage Act (DOMA) [text; JURIST news archive] is unconstitutional. Under DOMA, couples … [read more]


Legal News
30 Sep 2012
by Cynthia Miley

[JURIST] UN Special Rapporteur on the human right to safe drinking water and sanitation Catarina de Albuquerque [official profile] on Friday applauded [press release] a new California law [AB 685, PDF] creating a right to safe drinking water. Assemblymember Mike Eng [official website] sponsored the legislation, which declares "the established … [read more]


Professional Commentary
26 Jul 2012

JURIST Guest Columnist Angela Perone, Staff Attorney for the National Center for Lesbian Rights, argues that there has been a drastic change in public opinion in favor of same-sex marriage and that courts are more willing to recognize marriage equality for all couples...In just a few short years, the landscape … [read more]


Academic Commentary
29 Feb 2012

JURIST Guest Columnist Brandon Garrett of the University of Virginia School of Law says that enlarging DNA databanks with samples taken from all individuals arrested for felonies may increase the risk of wrongful convictions, while diverting attention away from more fruitful routes for improving the criminal justice system...In a decision … [read more]


Legal News
2 Feb 2012
by Brandon Gatto

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday ruled [opinion, PDF] that it will not release video recordings from Perry v. Schwarzenegger [opinion], California's 2010 trial which declared Proposition 8 [text, PDF; JURIST news archive], the state's same-sex marriage ban, to be unconstitutional. In … [read more]


Academic Commentary
14 Dec 2011

JURIST Guest Columnist Shannon Gilreath of Wake Forest University School of Law says that the current litigation strategy seeking marriage rights for same-sex couples only tinkers around the edges of heteronormative institutions when it should be seeking separate institutions that reject these gender role-dominated institutions...JURIST recently reported that the American … [read more]


Legal News
9 Dec 2011
by Jamie Reese

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] heard oral arguments Thursday on two consolidated issues [JURIST report] regarding Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban. The first was an appeal from a refusal [JURIST report] by the US District Court for … [read more]


Legal News
17 Nov 2011
by Michael Haggerson

[JURIST] The California Supreme Court [official website] ruled [opinion, PDF; Perry v. Brown materials] Thursday that sponsors of Proposition 8 [text; JURIST news archive] and other ballot initiatives can defend them in court when the state refuses to do so. When the same-sex marriage ban was initially struck down last … [read more]


Legal News
28 Sep 2011
by Dan Taglioli

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Monday extended a hold [order, PDF] on the release of the video recordings of last year's trial on the constitutionality of California's same-sex marriage ban. In response to an emergency motion by proponents of the ban, the … [read more]


Legal News
21 Sep 2011
by Drew Singer

[JURIST] Chief US District Judge James Ware of the US District Court for the Northern District of California [official website] decided Monday to unseal video recordings [order, PDF] from last year's trial over Proposition 8 [text, PDF; JURIST news archive], California's same-sex marriage ban. Unless a higher court overrules the … [read more]


Legal News
7 Sep 2011
by Julia Zebley

[JURIST] The California Supreme Court [official website] on Tuesday heard oral arguments [case backgrounder] on whether intervening advocacy groups can defend Proposition 8 [text; JURIST news archive] in court, in response to a certified question [order, PDF; JURIST report] by the US Court of Appeals for the Ninth Circuit [official … [read more]

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