There are too many resources available on this landmark case and precursor to Obergefell v. Hodges to list here. A YouTube search reveals any of a number of documentaries of varying lengths. here are some musical resources:
Showing posts with label 14th amendment. Show all posts
Showing posts with label 14th amendment. Show all posts
Tuesday, November 7, 2017
Friday, April 10, 2015
History, Law and Originalism
It seems appropriate to follow up the day after the 150th anniversary of the end of the Civil War with a story about South Carolina.
History and the advancement of thought can be difficult concepts for the proponents of originalist interpretation of the Constitution. Legal instructors have regularly shared with their students the fact that the same Congress who passed the 14th Amendment demanding "equal protection of the laws" also segregated the Washington DC schools on the basis of race. These kinds of dichotomies in judicial interpretation and modern social thought are fascinating. The blog post linked below does more than ample justice to its provocative title. I would not attempt to summarize it or otherwise diminish its concise and powerful message on history, law and originalism. I hope you enjoy:
South Carolina to SCOTUS: We Can Dsicriminate Against Women, So Why Not Gays?
Click here to read the South Carolina brief for yourself.
Click here to read a related post where Justice Scalia, orginalist-in-chief, confirms that the 14th Amendment should not prevent discrimination against women.
History and the advancement of thought can be difficult concepts for the proponents of originalist interpretation of the Constitution. Legal instructors have regularly shared with their students the fact that the same Congress who passed the 14th Amendment demanding "equal protection of the laws" also segregated the Washington DC schools on the basis of race. These kinds of dichotomies in judicial interpretation and modern social thought are fascinating. The blog post linked below does more than ample justice to its provocative title. I would not attempt to summarize it or otherwise diminish its concise and powerful message on history, law and originalism. I hope you enjoy:
South Carolina to SCOTUS: We Can Dsicriminate Against Women, So Why Not Gays?
Click here to read the South Carolina brief for yourself.
Click here to read a related post where Justice Scalia, orginalist-in-chief, confirms that the 14th Amendment should not prevent discrimination against women.
Monday, October 22, 2012
Will The Supreme Court Hear the DOMA case?
The Defense of Marriage Act (DOMA) has, for the second time, been declared unconstitutional by a Federal Court of Appeals. The recent ruling by the Second Circuit in NY follows a decision from Spring 2012 by the First Circuit Court of Appeals in Boston striking down the provisions of DOMA that prevent persons, legally married under state law, from being recognized as married for Federal purposes. Cert petitions are presently pending in the Supreme Court. Recently, Justice Ginsburg opined that DOMA would be before the court for consideration this term.
What are the practical implications of DOMA? Why is this relevant? Here is an example:
First Circuit Ruling:
What are the practical implications of DOMA? Why is this relevant? Here is an example:
First Circuit Ruling:
Monday, March 7, 2011
Featured Case: Loving v. Virginia
In this well known case, the US Supreme Court struck down all anti-miscegenation statutes on both Substantive Due Process and Equal Protection grounds. My favorite quote from the case is this:
The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men [and women]. Marriage is one of the "basic civil rights of man[kind]," fundamental to our very existence and survival.
There is a fair amount of video material available on this case. I have chosen to post a few videos that I hope you will find useful for presenting this case in class. First, there is an original ABC news report on the case from 1967. The second is a live performance by singer/songwriter Nanci Griffith of her song, The Loving Kind, written about Midred and Richard. This clip has already appeared and disappeared from YouTube a couple of times. So, if it is here when you read this post, and you want to use it for educational purposes, you should download it for classroom use. The third is The Ballad of Mildred Loving. Songs about Supreme Court cases are pretty rare, but this case has inspired at least two. The last video makes a comparison to same-sex marriage restrictions and an appeal to keep religious beliefs from impacting civil rights. There are a number of good websites with personalized stories and images as well. Three may be found here, here and here. Podcast.
The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men [and women]. Marriage is one of the "basic civil rights of man[kind]," fundamental to our very existence and survival.
There is a fair amount of video material available on this case. I have chosen to post a few videos that I hope you will find useful for presenting this case in class. First, there is an original ABC news report on the case from 1967. The second is a live performance by singer/songwriter Nanci Griffith of her song, The Loving Kind, written about Midred and Richard. This clip has already appeared and disappeared from YouTube a couple of times. So, if it is here when you read this post, and you want to use it for educational purposes, you should download it for classroom use. The third is The Ballad of Mildred Loving. Songs about Supreme Court cases are pretty rare, but this case has inspired at least two. The last video makes a comparison to same-sex marriage restrictions and an appeal to keep religious beliefs from impacting civil rights. There are a number of good websites with personalized stories and images as well. Three may be found here, here and here. Podcast.
Friday, March 4, 2011
Law Lessongs: Due Process and Equal Protection
These videos and songs from Power Point presentations can help students consider the elements and parameters of a Due Process or an Equal Protection claim (while having a bit of fun). Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.
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