Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review With recent narrow decisions in two federal lawsuits[1] challenging state constitutional bans on same-sex marriage, federal judges in Ohio and Kentucky have propelled the Sixth Circuit to the vanguard of interpreting the Supreme Court’s recent decision in United States v. Windsor.[2] The two district court... Continue Reading →
The New Batson Challenge, Part II: Clarifying Windsor’s Standard of Review
[1] Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review In Batson v. Kentucky,[2] the Supreme Court held that peremptory challenges of members of a jury pool are subject to the guarantees of the Equal Protection Clause. Last year, in United States v. Windsor,[3] the Court struck down the federal Defense of Marriage... Continue Reading →
Where Due Process and Equal Protection Meet: Articulating the “Fundamental Right” of Marriage
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review Since the Supreme Court’s decision in United States v. Windsor[1] last summer, two questions have been on many court watchers’ minds. First, after Windsor articulated a lengthy reasoning for its decision to strike down the Defense of Marriage Act, under what standard of review will... Continue Reading →