With the Supreme Court’s end-of-term Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: Is nationwide marriage equality on the way? This week on our legal-affairs podcast Lawyer2Lawyer, we look at the legal history of the gay rights movement and look ahead at the future of gay rights in America. Joining us are two constitutional law scholars:
- Harvard Law Professor Mark Tushnet, who specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. A former law clerk to Justice Thurgood Marshall, Tushnet’s current focus is constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
- William Eskridge, a Yale law professor who focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
Thanks as always to the show’s sponsor, Clio.