A policy in the United States denied couples in same-sex relationships the same rights and privileges afforded different-sex couples was deemed unconstitutional in a landmark civil rights case in which the majority opinion wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.", Who was it that wrote this?
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Same-sex immigration policy in the United States Same-sex immigration policy in the United States denied couples in same-sex relationships the same rights and privileges afforded different-sex couples based on several court decisions and the Defense of Marriage Act (DOMA) until the U.S. Supreme Court ruled Section 3 of DOMA unconstitutional in "United States v. Windsor" on June 26, 2013.
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United States v. Windsor United States v. Windsor, 570 U.S. ___ (2013) (Docket No. 12-307 ), is a landmark civil rights case in which the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. In the majority opinion, Justice Anthony Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity."
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Brenner v. Scott In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–"Bostic", "Bishop", and "Kitchen"–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.
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J.E.B. v. Alabama ex rel. T.B. J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994), was a case in which the Supreme Court of the United States held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. "J.E.B." extended the court's existing precedent in "Batson v. Kentucky" (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and "Edmonson v. Leesville Concrete Company" (1991), which extended that principle to civil trials. As in "Batson", the court found that sex-based challenges violate the Equal Protection Clause.
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Incorporation of the Bill of Rights Incorporation, in U.S. law, is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. When it was first ratified, the Bill of Rights only protected the rights it enumerated from federal infringement, allowing states and local governments to abridge them. However, beginning in 1897 with "Chicago, Burlington and Quincy Railroad v. City of Chicago", various portions have been held to be incorporated against state and local government through the Fourteenth Amendment.
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LGBT rights in the United States Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States vary on a basis. Since June 26, 2003, sexual activity between consenting adults of the same sex as well as same-sex adolescents of a close age has been legal nationwide, pursuant to the U.S. Supreme Court ruling in "Lawrence v. Texas". As of June 26, 2015, all states license and recognize marriage between same-sex couples on account of the Supreme Court decision in "Obergefell v. Hodges".
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Bradwell v. Illinois Bradwell v. State of Illinois, 83 U.S. 130 (1873), was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges. The case is also notable for being an early 14th Amendment challenge to sex discrimination in the United States.
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One, Inc. v. Olesen One, Inc. v. Olesen 355 U.S. 371 (January 13, 1958) is a landmark United States Supreme Court decision for LGBT rights in the United States. It was the first U.S. Supreme Court ruling to deal with homosexuality and the first to address free speech rights with respect to homosexuality.
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Privileges and Immunities Clause The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause.
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Same-sex marriage in the United States In the United States, same-sex marriage is legal in all states, Washington, D.C., as well as all U.S. territories except American Samoa, but not on all Native American tribal lands, since June 26, 2015, when the United States Supreme Court ruled in "Obergefell v. Hodges" that state-level bans on same-sex marriage are unconstitutional. The court ruled that the denial of marriage licenses to same-sex couples and the refusal to recognize those marriages performed in other jurisdictions violates the Due Process and the Equal Protection clauses of the Fourteenth Amendment of the United States Constitution. The ruling overturned a 1972 precedent, "Baker v. Nelson". Just prior to the Supreme Court's ruling in 2015, same-sex marriage was legal in many but not all U.S. jurisdictions.
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Dred Scott v. Sandford Dred Scott v. Sandford, 60 U.S. 393 (1857) , also known simply as the Dred Scott case, was a landmark decision by the United States Supreme Court on US labor law and constitutional law. It held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves", whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an enslaved man of "the negro African race" who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7–2 decision written by Chief Justice Roger B. Taney, the court denied Scott's request. The decision was only the second time that the Supreme Court had ruled an Act of Congress to be unconstitutional.
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Same-sex marriage in Alabama Same-sex marriage has been legal in Alabama since June 26, 2015, after the U.S. Supreme Court's ruling in "Obergefell v. Hodges", but some counties in Alabama do not issue marriage licenses to any couples to avoid issuing them to same-sex couples following the decision.
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Unregistered cohabitation in Israel Israel has granted unregistered cohabitation for same-sex couples since 1994, in the form of common-law marriage, a status that until then was only extended to opposite-sex couples. Following lawsuits, same-sex couples enjoy several spousal benefits (1994–1996) and the right of same-sex partners of civil service employees to survivor benefits (1998).
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Texas Proposition 2 (2005) Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008.
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Hollingsworth v. Perry Hollingsworth v. Perry refers to a series of United States federal court cases that legalized same-sex marriage in the State of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As "Hollingsworth v. Perry", it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
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LGBT rights in Mississippi Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Mississippi may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Mississippi. Same-sex marriage is legal in accordance with the Supreme Court's decision in "Obergefell v. Hodges".
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Alexander v. Sandoval Alexander v. Sandoval, 532 U.S. 275 (2001) , was a US Supreme Court decision that a regulation enacted under Title VI of the Civil Rights Act of 1964 did not include a private right of action to allow private lawsuits based on evidence of disparate impact.
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United States v. Morrison United States v. Morrison, 529 U.S. 598 (2000) , is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution
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LGBT rights in Vermont The establishment of LGBT rights in the US state of Vermont is a recent occurrence, with the majority of progress having taken place in the past century. It was one of 37 US states, along with the District of Columbia, that issued marriage licenses to same-sex couples, until the landmark Supreme Court ruling of Obergefell v. Hodges that legalized equal marriage rights for same-sex couples nationwide.
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Same-sex marriage by Circuit Court Prior to the landmark ruling "United States v. Windsor", the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in "Citizens for Equal Protection v. Bruning". After the "Windsor" ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts which for the most part also struck down same-sex marriage bans. When a circuit court struck down a state's same-sex marriage ban, it did not directly strike down same-sex marriage bans in other states within the circuit. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit due to the precedent it set for district courts within the circuit to follow. In some states, same-sex marriage was already legal before a federal circuit court ruled on the matter. The Sixth Circuit ruled that same-sex marriage bans were not unconstitutional and reversed the district court rulings that struck down same-sex marriage bans. Since this was the only circuit court to rule this way post-"Windsor", this created a circuit split which ultimately led to the Supreme Court of the United States deciding to resolve the issue once and for all. They ruled that same-sex marriage bans violate the constitution in the landmark ruling "Obergefell v. Hodges" which was the consolidated case that covered each state in the Sixth Circuit. Some circuit courts have not ruled on the constitutionality of same-sex marriage bans at all. Many circuit courts had pending same-sex marriage cases, but decided to hold off on litigation until the Supreme Court ruled on the matter.
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Same-sex marriage in North Dakota Same-sex marriage in North Dakota became legal following the U.S. Supreme Court ruling in "Obergefell v. Hodges" on June 26, 2015, which invalidated state bans on same-sex marriage. Until then the state had restricted marriage to the union of one man and one woman both by statute and in its Constitution.
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LGBT rights in Tennessee Lesbian, gay, bisexual, and transgender Tennesseans face some legal challenges that non-LGBT Tennesseans do not. Same-sex sexual activity is legal in the state. Marriage licenses are issued to same-sex couples in Tennessee since the Supreme Court ruling in "Obergefell v. Hodges" on June 26, 2015.