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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Tuesday, April 22, 2014


SCOTUS: States may ban all aff. action by constitutional amendment. This challenges Romer (1992), which struck a ban on gay rights. P 32, Justice Sotomayor, dissenting: "Although the Court did not apply the political-process doctrine in Romer, the case resonates with the principles undergirding the political-process doctrine. The Court rejected an attempt by the majority to transfer decision-making authority from localities (where the targeted minority group could influence the process) to state government (where it had less ability to participate effectively)." If the composition of the Court changes, we could find ourselves re-litigating Romer and other bans on LGBT rights, perhaps in the "religious freedom" context.

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