constitutional protection

In an interview, Supreme Court justice Antonin Scalia says the Constitution doesn't promise protections for women and gays. The ultra-conservative judge says the Constitution doesn't require discrimination of minorities, but that it certainly doesn't prohibit it. "Nobody ever thought that that's what it meant," Scalia said of the 14th amendment protecting women. "Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws." 

In one challenge brought by the state of Massachusetts, U.S. district judge Joseph Tauro ruled that Congress violated the constitution when it passed DOMA and took from the states decisions concerning which couples can be considered married. In the other, Tauro ruled that DOMA violates equal protection principles of the constitution as embodied in the Due Process Clause of the Fifth Amendment.

Seven gay couples in Montana filed a lawsuit against the state Thursday for its failure to provide legal protections to gay couples and their families. The couples contend the discrimination violates the state constitution's protections to rights to privacy, dignity, and the pursuit of life's basic necessities as well as its guarantees of equal protection and due process, according to the ACLU, which is representing the plaintiffs. Kellie Gibson and partner Denise Boettcher are one of the couples involved in the suit.

The Mexican Supreme Court has upheld a law legalizing same-sex marriage in Mexico City. The court found the law to be constitutional, rejecting an appeal by federal prosecutors who argued that it violated the charter's guarantees to protect the family.

When it comes to the issue of marriage equality Ryan has consistently voted it down. In defending his stalwart stance for a constitutional amendment to ban same-sex marriage Ryan stated, “I believe fundamentally that marriage is between a man and a woman. Although I support the constitutional amendment to protect marriage, that process cannot continue at this time given the failed attempt by the U.S. Senate to advance the amendment. Meanwhile, states could be forced to accept same-sex marriages because of a few judges in Massachusetts.”

A Texas state appeals court in Dallas rejected a decision by a lower court that a gay couple who legally married in Massachusetts could get divorced in Texas. State District Judge Tena Callahan ruled, in October of 2009, that the couple had the right to legally end the marriage and the state's same-sex marriage ban was a violation of the federal constitutional right to equal protection. The 5th District Court of Appeals in Dallas reversed the decision on Tuesday, and instructed Callahan dismiss the case.

Roy Moore, chief justice of the the Alabama Supreme Court, claims the federal courts have no authority over state marriage laws.

Same-sex couples can begin marrying in Utah immediately.

A state court in Colorado provides the 24th consecutive ruling favoring the freedom to marry, but includes a stay with the decision.

The decision is being hailed by activists as a major milestone in the fight for marriage nationwide.

See the moment April DeBoer and Jayne Rowse learned that the state of Michigan must recognize their marriage and subsequently, their family.

Same-sex marriage supporters gathered outside the San Francisco federal courthouse Wednesday as U.S. District Judge Vaughn R. Walker prepared for the Proposition 8 case closing arguments.

Liz Cheney said this week that she doesn't support same-sex marriage, and now the National Organization for Marriage wants her to prove it.

Four couples and the statewide group Wyoming Equality filed the suit in a state court Wednesday.

Philip and Sandra Unruh have asked a federal court to allow them to intervene in a Kansas marriage equality case because the couple fears they will lose property if same-sex couples are allowed to marry.

A lawsuit challenging a federal law that defines marriage as a union between a man and a woman is getting its first hearing in court Thursday. A federal judge in Boston is hearing arguments on a constitutional challenge to the Defense of Marriage Act. The case, brought by Gay and Lesbian Advocates and Defenders (GLAD), challenges Section 3 of DOMA, which prevents the federal government from recognizing same-sex marriages. 

A state judge in Tennessee has just broken equality advocates' streak of favorable judicial rulings by declaring the state's ban on same-sex marriage does not violate the U.S. Constitution.

The Senate voted 66-32 Tuesday evening to confirm the judicial nomination of Marisa Demeo, an openly lesbian judge. President Obama appointed Demeo in March 2009, but heavy opposition from Republicans   blocked her confirmation for over a year. Demeo has worked as a lobbyist and advocate for Hispanic causes and has a history of LGBT activism. She currently holds memberships in the Human Rights Campaign and Lambda Legal.