This blog examines and analyzes the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this blog provides the context surrounding the current bill being considered by Congress and examines Supreme Court
Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.
Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that
“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory
