equal protection

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Court Strikes Down Kentucky Gay Marriage Ban

But ruling on hold pending appeal

(Newser) - You can put yet another mark in same-sex marriage's win column, because a federal judge in Kentucky just struck down the state's ban on same-sex couples marrying in the state. The ban violates the Equal Protection Clause of the US Constitution by treating gay couples differently than straight...

2 More Courts Find Gay Marriage Bans Unconstitutional

Same-sex marriage's post-DOMA winning streak continues

(Newser) - Same-sex marriage continued its remarkable legal winning streak today, as a federal appeals court affirmed that Utah's ban was unconstitutional, and a separate court said the same of Indiana's ban. The Utah decision is the first such ruling from a federal appeals court, according to the AP . "...

Feds Plan New Protections for Same-Sex Marriages

Holder's Justice Department calls for equality

(Newser) - Thirty-four states don't recognize same-sex marriage—but when it comes to criminal justice, the attorney general is ready to afford all marriages the same protections. "In every courthouse, in every proceeding, and in every place where a member of the Department of Justice stands on behalf of the...

High Court Strikes Down DOMA
 High Court Strikes Down DOMA 
UPDATED

High Court Strikes Down DOMA

Broad ruling declares marriage benefits a matter of equal protection

(Newser) - The Supreme Court struck down the Defense of Marriage Act today, in a broad ruling arguing that it violates the Constitution's equal protection clause. The decision was 5-4, with Anthony Kennedy joining the court's more liberal justices (Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan), and...

Ginsburg: Supreme Court Will Likely Tackle Gay Marriage

Meanwhile, happy first anniversary of Don't Ask, Don't Tell repeal

(Newser) - The Supreme Court is likely to weigh in on the constitutionality of gay marriage bans sooner rather than later, Ruth Bader Ginsburg told students at the University of Colorado yesterday. When asked if the court might legalize gay marriage under the equal-protection clause, Ginsburg smiled and demurred, saying she couldn'...

Scalia: Constitution Doesn't Prohibit Sex Discrimination

Supreme Court justice raises ire with 14th Amendment interpretation

(Newser) - The 14th Amendment's equal protection clause doesn't prohibit discrimination against women and gays, according to Supreme Court Justice Antonin Scalia. "Nobody ever thought that's what it meant. Nobody ever voted for that" when the amendment was proposed in 1868, the Reagan appointee tells California Lawyer. "If the current...

Gay Divorce OK, Texas Judge Rules
Gay Divorce
OK, Texas
Judge Rules

Gay Divorce OK, Texas Judge Rules

Ban on same-sex marriage violates equal-protection law

(Newser) - Though same-sex marriage isn’t legal in Texas, two men married in Massachusetts can get a divorce there, a judge said today in a ruling that finds the state’s ban in violation of federal equal-protection laws. “This is huge news. We’re ecstatic,” the lawyer representing one...

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