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The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Jordan Thompson Long
Jordan Thompson Long is senior associate director of the Human Rights Program at the Carter Center. Previously, he was at senior counsel for the Center for Human Rights at the American Bar...
Reflections on the Supreme Court’s Decision Upholding a Ban on Gender-Affirming Care for Trans Youth
We spoke with a transgender rights advocate about U.S. v. Skrmetti’s impact on trans people and what’s next in the struggle for equal rights.
Perez v. City of San Antonio
Texas Supreme Court held that a 2021 amendment, which bans the state and localities from prohibiting or limiting religious services, is absolute and categorical when it applies, meaning it forbids limitations on religious services regardless of the government's interest or how tailored the limitation is to that interest. The court also held, however, that the scope of the clause's applicability is not unlimited and does not extend to the government’s preservation and management of publicly owned lands.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
Opternative, Inc. v. South Carolina Board of Medical Examiners
Will consider whether a law that prevents telehealth companies from providing online vision tests for glasses and contact prescriptions in the state violates the businesses’ equal protection and due process rights under the South Carolina Constitution.
