Bench Memos

Selected Materials on Marriage Cases

With rulings in the DOMA and Prop 8 cases expected by the end of next week, I’ll highlight here a few of my writings:

Federalism and Marriage”—my National Review essay explaining that a proper understanding of federalism ought to lead to the conclusion that both DOMA and Prop 8 are constitutionally sound. (I won’t include here my many posts taking issue with those who confusedly claim that federalism concerns cut against DOMA. The interested reader will find a slew of them in my Bench Memos archives from March 5 through April 1 of this year.)

On why Prop 8 proponents have standing (and law professor Vik Amar on the consequences of an adverse ruling on standing)

On the infertile-couple canard

On antiProp 8 myths

On Justice Kagan’s bamboozling

My Prop 8 amicus brief on the shenanigans in the lower courts

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