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 →
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 →
Conflict of Laws and Property Rights in the Age of “Semi-Legal” Same-Sex Marriages
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review In the United States federalist system, fifty different states often arrive at fifty different conclusions of law that can conflict not only with each other but also with federal law. The Supremacy Clause usually allows for the resolution of the latter conflicts, whereas conflicts among... Continue Reading →
Will Divorce Equality Bring Marriage Equality?
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review This November, the Texas Supreme Court will hear oral arguments in a suit to dissolve a same-sex marriage performed outside the state, and will be deciding two important issues: (1) whether Texas courts have jurisdiction to hear such suit, and (2) whether Texas laws prohibiting... Continue Reading →