The landscape of marriage in the United States has transformed significantly, particularly for same-sex couples, following pivotal legal battles that sought to recognize their right to marry. Understanding the nuances of...more
The March 5 primary is right around the corner in California. Headlining the ballot—alongside a slate full of legislative Democrat-on-Democrat primary battles reflecting significant turnover due to term limits—is Proposition...more
On December 13, 2022, President Joe Biden signed H.R. 8404, known as the Respect for Marriage Act, into law, guaranteeing marriage equality for same-sex and interracial couples under federal law. The law passed both houses of...more
The Respect for Marriage Act (RFMA) was initially introduced this summer in reaction to the Supreme Court's overturn of Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Lawmakers were concerned that same-sex...more
On November 29, 2022, the U.S. Senate passed the Respect for Marriage Act, which would guarantee marriage equality, including for interracial and same-sex couples, under federal law. The bill, H.R. 8404, passed the Senate in...more
With the midterm elections now behind us, the U.S. House of Representatives and the U.S. Senate return to Washington this week to kick off the lame duck session, entering the twilight of the legislative year with a...more
On 17 March 2021, a Japanese district court ruled, for the first time in Japan, that the national government’s failure to recognise same‐sex marriage is "unconstitutional". As the Japanese legal system is a civil law system,...more
Morrison & Forester is a founding member of the Lawyers for LGBT Allies Network (LLAN), a Japanese non-profit dedicated to helping the business community understand the issues faced by LGBT and other sexual minorities. As a...more
In this episode, Akin Gump Supreme Court and appellate practice co-head Pratik Shah discusses the big cases from the preceding U.S. Supreme Court Term and looks ahead at interesting cases in the new Term. Among the topics...more
Diversity is fundamental to Morrison & Foerster’s culture, the experiences we bring to each other, and the service we deliver to our clients. MoFo has been a standard-bearer for LGBTQ+ equality in the legal profession for...more
Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more
Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
A recent, public clash between the highest legal authorities of the United States and one of its constituent states, Alabama, illustrates the promise and the problems of this country’s unique system of dual sovereigns, known...more
The excitement is still evident from the Supreme Court's June decision on marriage equality. Friends, coworkers and clients have made up and changed their minds and reactions to the ruling, all while keeping the social media...more
In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more
Unfortunately it’s time to say goodbye to the last true week of summer. But RLUIPA Defense is happy to say hello to fall with another edition of the Round-Up! - According to the San Francisco Chronicle, despite an...more
In its first opportunity to apply Obergefell v. Hodges, the U.S. Supreme Court case holding same-sex marriage is a constitutional right, the Tennessee Court of Appeals recently held the state must recognize same-sex...more
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
In Obergefell v. Hodges, the United States Supreme Court held that “the right to marry is a fundamental inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment...more
Many couples who could not marry now can. The United States Supreme Court decision in Obergefell v. Hodges framed the issue of the fundamental right to marry and the choice to commit to and intimately associate with the...more
On June 26, 2015, the Supreme Court of the United States legalized same-sex marriage throughout the country. In Oberfell v. Hodges, the Court held that Section 1 of the Fourteenth Amendment – commonly referred to as the Equal...more
The recent U.S. Supreme Court decision in Obergefell v. Hodges, 135 S.Ct. 1039 (June 26, 2015),answered definitively the lingering questions following the Court’s decision last year in Windsor about whether states could...more
Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more
On June 26, 2015, the U.S. Supreme Court issued its ruling Obergefell v. Hodges, giving same-sex couples the right to marry in all 50 states. The Court held that the U.S. Constitution requires states to license a marriage for...more