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Professor Stephen Clark and several other constitutional law
scholars from around the country have filed an amicus brief to the U.S. Supreme
Court in support of the pending challenges to state bans on same-sex marriage.
The brief argues that the bans unconstitutionally discriminate on the basis of
sex. The authors use the original meaning of the Fourteenth Amendment as a
basis for their argument along with longstanding Supreme Court precedent.
According to a blog post
written by one of the co-authors, Ilya Somin, “Laws banning same-sex marriage
are also often, at least in part, motivated by overbroad stereotypical
generalizations about the sexes and their appropriate roles in the family.”
The ACLU has also asked the group to file a version of the brief in the pending marriage equality challenge in the 8th Circuit, which sits in St. Louis.
In 2006, Dean Alicia Oullette and Professor Clark co-authored
a similar brief in connection with a challenge to New York’s ban, which was
then before the New York Court of Appeals.
Professor Clark joined Albany Law School in 2000. Before
Albany Law School, he was in private practice with Winston & Strawn in
Chicago, specializing in employment-related appellate litigation. His research
interests include employment discrimination, federalism and lesbian and gay
Click here to read the full brief