UCLA Law School
Professor of law at UCLA Law School and faculty director of the Williams Institute, a think tank that conducts research on sexual orientation and gender identity law and public policy; former associate professor of Law at the University of California, Irvine and at Loyola Law School in Los Angeles, California, focusing on family law, and law and sexuality
Can Gay Marriage Co-Exist with Religious Freedom? The US Supreme Court has made same-sex marriage the law of the land, but discrimination against gays and lesbians is still alive and well. That’s the next target of the movement for equal rights. But what about the right of religion? Supreme Court dissenters warned about a kind of reverse discrimination against sincere believers that same sex marriage is unacceptable. Is there a way to prevent conflict between two basic entitlements, so that two rights don’t produce many wrongs?
A Look Back at the Legal Battle over Prop 8 On today's To the Point we heard about today's arguments before the US Supreme Court, which is being asked to throw out laws against same-sex marriage in four states. In 2008, California voters approved Prop 8 , which defined marriage as only between a man and a woman. Prop 8 then went on a long and tortured journey through the federal courts . Ted Boutrous, with Gibson Dunn & Crutcher, represented same-sex plaintiffs in a case that overturned it.
Gay Marriage Laws in the Spotlight Attorney General Eric Holder has called gay rights one of “the defining civil rights challenges of our time.” This week, Holder said that state Attorneys General are not obligated to defend state laws that discriminate against gays and lesbians. And in Arizona, Governor Jan Brewer has until Friday to decide whether to sign a bill that allows business owners to deny serving gays and lesbians.
Obama Administration to Recognize Utah Same-Sex Marriages The Obama Administration today said it would recognize the marriages of some 1300 same-sex couples in Utah. This comes after the State of Utah said it would refuse to do so. The legal whiplash began in when a federal judge ruled that Utah's amendment limiting marriage to one man and one woman violated the US constitution. That prompted a flood of same-sex marriages. When the Supreme Court granted Utah's appeal for a stay, the state said it would not recognize marriages that had already taken place. Attorney Doug NeJaime is a professor of law at the University of California, Irvine.
A Tipping Point for Same-Sex Marriage? Ten days ago a federal district court in Utah upheld the constitutional right of same-sex couples to marry, essentially calling it a "fundamental right." If the ruling stands, Utah will become the 18th state in the nation to permit such unions, twice as many as there were last summer when the Supreme Court stopped short of taking a definitive stand on the issue. Some activists see this immediate victory in the Mormon stronghold state as a turning point for gay rights. Opponents are decrying judicial activism, and Utah is planning its appeal to the Supreme Court. Meanwhile, cases in 17 other states are challenging the gay marriage ban. Where do Americans stand on the issue? By this time next year will same-sex marriage be the norm in America? How are opponents of same sex marriage working to ensure it dies not?
Will California's Proposition 8 Survive the US Supreme Court? Much has changed since Proposition 8 passed in 2008 and polls show that if it were on the California ballot now, it would be likely to fail. Today, at the US Supreme Court , Justice Anthony Kennedy, often the decider between his four liberal and four conservative colleagues, acknowledged that Prop 8 has taken the court into "uncharted waters." Liberal Justice Sonya Sotomayor posed the question, "If the issue is letting the States experiment and letting the society have more time to figure out its direction, why is taking a case now the answer?" We search for answers to that and other questions.
The US Supreme Court, Politics and Same Sex Marriage US Supreme Court watchers are playing a waiting game in regard to same-sex marriage. As the justices work out their differences behind closed doors, we’ll look at the options—and the potential consequences for the law and for politics. Polls show the trend in favor of same-sex marriage is growing fast. For the first time in US history, it was approved by voters in three of last month’s elections, rather than in legislative chambers. It’s now legal in nine states and the District of Columbia. Friday—and again today—it was expected the US Supreme Court would take up the matter. Both sides are waiting anxiously for action on Friday. That provides more time to consider the options, legal, political and moral.
The US Supreme Court, Politics and Same Sex Marriage US Supreme Court watchers are playing a waiting game in regard to same-sex marriage. As the justices work out their differences behind closed doors, we’ll look at the options—and the potential consequences for the law and for politics. Polls show the trend in favor of same-sex marriage is growing fast. For the first time in US history, it was approved by voters in three of last month’s elections, rather than in legislative chambers. It’s now legal in nine states and the District of Columbia. Friday—and again today—it was expected the US Supreme Court would take up the matter. Both sides are waiting anxiously for action on Friday. That provides more time to consider the options, legal, political and moral.
Is America Suddenly Turning Blue? Measures to legalize recreational marijuana passed Tuesday in two states. For the first time in any election, voters in Washington State, Maine and Maryland approved same-sex marriage. In Minnesota, a constitutional ban was turned down. We look at the pace of change in some of America's traditional cultural norms.
Is America Suddenly Turning Blue? In Colorado and Washington states, it's not just medical marijuana any more. Recreational pot was legalized by the voters on Tuesday. In Washington State, Maine and Maryland on Tuesday, voters approved same-sex marriage -- the first time that's ever happened in any US election. In Minnesota, a constitutional ban was turned down, after 30 previous efforts to legalize same-sex marriage. Will the Obama Justice Department back away from enforcing federal laws against marijuana now that more and more voters have spoken? Will the US Supreme Court look at the election returns if it decides to rule on DOMA, the federal Defense of Marriage Act?
Key DOMA Case May Wind Up before the Supreme Court The US Second District Court of Appeals in New York City ruled yesterday that the Defense of Marriage Act, deserves what is known as "heightened scrutiny." The case involves Edith Windsor, who married Thea Clara Spyer in Canada five years ago. When Spyer died, Windsor inherited her property but, under DOMA, she could not be considered a surviving spouse. So the IRS demanded $363,000 in taxes, which a heterosexual husband or wife would not have to pay. Will that make the US Supreme Court take up same-sex marriage sooner, rather than later? Doug NeJaime is a professor at the Loyola Law School in Los Angeles, California.
Ninth Circuit Finds California's Prop 8 Unconstitutional The 9th Circuit Court of Appeals ruled today that California's ban on same-sex marriage is unconstitutional, even though it was approved by the voters. Douglas NeJaime is a professor of law at Loyola Law School in Los Angeles, where he focuses on law and sexuality.
CA Supreme Court: Prop 8 Supporters Can Defend State’s Ban Proposition 8, California's voter-approved ban on same-sex marriage , may now go to the US Supreme Court. Since a federal judge ruled the measure was unconstitutional, California's Governor and Attorney General have refused to appeal to a higher court. Today, California's Supreme Court ruled that the original sponsors of Prop 8 can do it instead. Doug NeJaime is a professor at Loyola Law School, where he focuses on law and sexuality.
Opening Arguments for Prop 8 Proposition 8 , California's ban on same-sex marriage, was declared unconstitutional by a federal judge, and today the 9th Circuit Court of Appeals took up the case . Neither Attorney General Jerry Brown nor Governor Schwarzenegger was willing to defend it. Douglas NeJaime is a professor of law at Loyola Law School.
Who's to blame for the opioid crisis? Some of the lawyers who took on Big Tobacco are now going after Big Pharma. It’s all about the deadly epidemic of opioid use. Are the drug companies to blame? What about the users? Later, on today’s Talking Point: making sense of Britain’s upset election.
Human Rights in the era of Donald Trump President Trump’s UN Ambassador, Nikki Haley, said today the US might pull out of the United Nations’ Human Rights Council. Serious violators of human rights are members of the Council itself–and a US resignation could make things worse. Later on today’s show, now that he’s into his second term, comedian turned US Senator Al Franken is telling jokes again.
The longest US war: Will Trump send more troops to Afghanistan? The Trump White House is divided over the Pentagon's request for more troops in Afghanistan—where the US has been fighting for the past 16 years. Is there a formula -- either for "victory" or a political settlement? Is there an end in sight for America's longest war?
Trump's 'America First' goes missing abroad In the Middle East, President Trump is changing some policies of the Obama Administration—and reversing his own campaign attacks on Islam as a religion that "hates us." We hear about his visit to Saudi Arabia and what's at stake for the rest of his foreign excursion.