With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America.
• Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
• William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements.
Suffolk Law Professor Andrew Perlman discusses King & Spalding’s withdrawal from defending the Defense of Marriage Act in this podcast.
On February 23rd, 2011, Attorney General Eric Holder announced the Obama administration would no longer defend the constitutionality of the Defense of Marriage Act (DOMA) in cases pending in federal court. Attorneys and co-hosts Bob Ambrogi and J. Craig Williams welcome Tobias Barrington Wolff, Professor of Law at the University of Pennsylvania Law School and Ken Klukowski, Director of the Center for Religious Liberty at the Family Research Council, to discuss this controversial decision. Tobias and Ken discuss how this decision could affect current court cases, the impact on same sex-marriage and if this is the beginning of a DOMA repeal.
In a landmark decision in Perry v. Schwarzenegger, U.S. District Chief Judge Vaughn R. Walker in San Francisco struck down the controversial and highly-debated, Proposition 8 in California, which was approved by the state’s voters in November 2008 and overturned a state supreme court ruling that resulted in the legalization of same sex marriage. Attorney and co-host, Bob Ambrogi welcomes Adam Winkler from UCLA Law School, Professor Nelson Tebbe from Brooklyn Law School and Attorney Thomas J. Barbar, the Mass Bar Association’s Family Law Chair and principal with Deutsch Williams, Brooks, DeRensis & Holland PC., to sort through all the twists and turns. They look at reaction to the ruling, the legal issues surrounding gay marriage and the likelihood of this issue reaching the U.S. Supreme Court.