Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Monday, May 5, 2014

Affirmative Action Case Ruling Being Used in Utah’s Same-Sex Marriage Case

RingsAs I have previously discussed, the United States Supreme Court upheld Michigan’s affirmative action ban, which bans the use of race as a college admissions consideration. Now, Utah state attorneys are using that ruling to argue for the constitutionality of Utah’s gay marriage ban. The state attorneys argue that the Michigan case represents the ability of voters to set policy for their state, and to ban preferences to groups. In contrast, the attorney for the same-sex couples that brought the suit over Utah’s gay marriage ban is distinguishing the Michigan case, arguing that the Supreme Court did not uphold the denial of constitutional rights.

See Dennis Romboy, Ruling on Affirmative Action Ban Now Being Argued In Utah Same-Sex Marriage Case, Deseret News, May 2, 2014.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.



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