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Text & History Blog

It is striking how much of the argument against marriage equality is rooted in hostility to the role of the federal courts in vindicating constitutional freedoms.  At the Supreme Court, defenders of discriminatory marriage laws contend that it should be up to the voters of a state whether to allow...
Chris Green argues that our amicus brief in Obergefell v.
In the run up to this month’s big constitutional showdown over marriage equality, conservatives are trying to turn the tables, claiming that they, in fact, are the beleaguered minority in the case.  Their spin was front and center in Adam Liptak’s recent New York Times piece reporting that “[t]here...
Today we commemorate the 150th anniversary of one of the most tragic events in American history—President Abraham Lincoln’s assassination. The “what-ifs” abound.