Oral Argument

Episode 36: Firehose of Equality

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The Supreme Court this week handed down a series of landmark non-decisions. We talk with PhD candidate and commentator Anthony Kreis about the confusing, hopeful, exciting, promising, uncertain, and evolving state of marriage equality. In the wake of a (so far) uniform wave of appellate court decisions striking down gay-marriage bans, the Supreme Court steps in and … lets them stand without taking them up for decision. Why? And what is the state of law? What is likely to happen, and what are local officials to do? (And if you’re in a position to hire a Visiting Assistant Professor or Fellow, you’d be crazy not to try to hire Anthony.)

This show’s links:

  • About Anthony Kreis, his CV, and his twitter feed
  • Anthony Kreis, Marriage Equality in State and Nation
  • Amy Howe, Today’s Orders: Same-Sex Marriage Petitions Denied (summarizing the cert denials and containing links to the SCOTUSblog pages for the decisions striking down marriage bans in the Seventh (Posner’s “Go figure” decision), Tenth (also here), and Fourth Circuit Courts of Appeals)
  • Latta v. Otter, the Ninth Circuit case handed down on Tuesday of this week and striking down marriage bans in Nevada and Idaho
  • Loving v. Virginia and amazing audio of the oral argument
  • McLaughlin v. Florida
  • Last term’s gay marriage decisions: United States v. Windsor and Hollingsworth v. Perry
  • Description of and links to audio of oral arguments in the several Sixth Circuit cases challenging marriage bans in Kentucky, Michigan, Ohio, and Tennessee
  • Linda Greenhouse and Reva Siegel, Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling (see especially beginning at p.303 about whether Roe is to blame for the ensuing political conflict over abortion and what that might say about how courts should approach gay marriage)
  • A recent Pew survey on, among other things, whether homosexuality is sinful
  • Heather Hollingsworth, Koster Won’t Appeal Same-Sex Marriage Ruling, reporting that the Missouri AG won’t appeal a state trial court ruling requiring recognition of same-sex marriages performed in other states
  • Geoff Pender, State’s Gay Marriage Ban’s Days Appear Numbered (about Mississippi)
  • Some background on homosexuality and Catholicism
  • Margaret Fosmoe, Notre Dame, Saint Mary’s Extend Benefits to Same-Sex Spouses
  • Doug Richards, Handel: Gay Parents “Not in the Best Interest of the Child” (interview transcript showing the rhetoric around the 2010 Georgia gubernatorial primary, including this gem: “Why is marriage between one man and one woman? (Laughs). Are you serious?”)
  • James Oleske, Jr., The Evolution of Accommodation: Comparing the Unequal Treatment of Religious Objections to Interracial and Same-Sex Marriages
  • Dahlia Lithwick and Sonja West, Stop Draggin’ My Heart Around: The Supreme Court Is Harming people with Its Inscrutable Gay Marriage Actions.
  • South Carolina v. Condon, order of the South Carolina Supreme Court barring probate judges from issuing marriage license, notwithstanding the Fourth Circuit’s decision in Bostic, until the federal district court in South Carolina takes action (in response to AG Alan Wilson’s petition)
  • Saikrishna Pakrash, The Executive’s Duty to Disregard Unconstitutional Laws
  • Kansas Supreme Court’s temporary injunction blocking issuance of same-sex marriage licenses
  • Lyle Denniston, Gay Marriage and Baker v. Nelson
  • Catherine Thompson, GOP Nominee for Wisconsin AG Says He Would Defend Interracial Marriage Ban
  • Center for Reproductive Rights, What if Roe Fell? (see especially pages 8-9 on the repeal implications of a federal finding of unconstitutionality)
  • Christian Turner, Roles

    • Special Guest: Anthony Kreis.

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    Oral ArgumentBy Joe Miller and Christian Turner
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