Monday audio--with transcript, without transcript. No class Thursday; do watch the Moot Court semi-finals beginning at 6. We will meet three times next week--Monday, Wednesday make-up, and Thursday. Panel # 12 Reax Papers due at 7 p.m. Thursday; Panel # 13 Reax Papers due at 7 p.m. Monday. All papers should not be sent to Connie Giffuni at cgiffuni@fiu.edu.
We will have a few final points on Obergefell and marriage. Are anti-polygamy laws invalid under Obergefell? One question touched on in several Obergefell opinions is the interaction of same-sex marriage with religious freedom and religious views about marriage. Farber discusses it a bit. This short opinion by Justice Alito, joined by Justice Thomas, argues the problem; this is a dissent from the denial of certiorari in the lawsuit against Kim Davis, the county clerk in Rowan County, Kentucky, who refused on religious grounds to issue or to have her name on marriage licenses for same-sex couples.
Finally, consider the two parts of a Supreme Court decision (judgment and opinion) and what that means for other laws in other states. What did the Court's judgment resolve and what did its opinion decide and how does that affect other states. And what happens for couples wanting marriage licenses in other states?
We then move to Equal Protection: General and Race Discrimination: Discrimination Against Racial and Ethnic Minorities.
• What is the basic idea behind equal protection and the concept of "discrimination." How does it apply to actions by state governments and by federal governments?
• How does FN 4 of Carolene explain the different approaches to discrimination in economic cases as opposed to discrimination as to racial and ethnic groups? What is the purpose of strict scrutiny in the equal protection context?
• How was there race discrimination in Loving, if the law prohibited all people, regardless of race, from marrying someone of a different race?
No comments:
Post a Comment