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LGBTQ Rights & State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
Texas Department of Family & Protective Services v. Grassroots LeaderShip, Inc.
Held that there is no “public-interest exception” to mootness under the Texas Constitution
Spencer v. State
Held that gag order violated state free speech protections and was unconstitutionally vague under federal constitution.
The Story of the First State Constitution
New Hampshire’s 1776 constitution and the story behind it set the stage for subsequent state constitutions over the next 250 years.
Jackson v. Florida
Florida Supreme Court upheld a 2023 law that permits eligible defendants to be sentenced to death on the recommendation of only 8 of 12 jurors
Stewart v. Ramczyk
Held that New Mexico’s Speech and Debate Clause grants legislators immunity for legitimate legislative acts, regardless of motive
State v. Zarella
Held that in-camera review of confidential or privileged private records requires a compelling justification and proof the information cannot be obtained elsewhere
State v. Labrum
Held that due process permits refiling of criminal charges previously dismissed for insufficient evidence if refiling was not done in bad faith or to harass the defendant
