Sex-Based Classifications

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  • Determined whether it is a violation of equal protection to apply a hundred-year-old Massachusetts law that denies marriage to persons who could not legally marry in their home state to same-sex couples seeking to marry in Massachusetts.
  • Determines the constitutionality of Section 3 of the Defense of Marriage Act (DOMA). Section 3 defines marriage as between one man and one woman.
  • Challenging denial of spousal health benefits by employer on the basis of same-sex marriage.
  • Considered whether denying same-sex couples the right to marry violated the individual liberty and equality safeguards of the Massachusetts Constitution, protecting freedom from unwarranted government intrusion into protected areas of life and freedom to partake in state benefits.
  • Determined whether a landlord's eviction of an organization serving transgendered clients, after the organization refused landlord's demand to bar these clients from common areas of the building, including the entrance and the restrooms, constitutes sex discrimination under New York law.
  • Determined the right of a non-biological lesbian mother in Tennessee to visitation with children she raised with her former partner.
  • Determined the parental rights of a non-biological lesbian co-parent after she and the biological co-parent are no longer partners.
  • Determined the constitutionality of state “head and master” laws, which deem the husband “master” of all marital property and allows him to control marital property without his wife’s consent.
  • Considered the constitutionality of a Washington state ban on same-sex marriage.
  • Determined whether a criminal statute against same-sex sexual relations violated constitutional rights of lesbians and gay men.
  • This brief is in support of relief for petitioner based on prosecutorial misconduct due to prosecutor’s focus during trial on petitioner's sexual involvements with men other than her husband.
  • Considered the constitutionality of New Jersey's ban on same sex marriage.


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