Claremont Institute

Virtue and Morality

Latta v. Otter (2014)

Whether three of Idaho’s laws that variously recognize only marriages between a man and a woman, a second that provides no mechanism for recognizing the validity of out-of-state, same-sex marriages, and a third law banning the legal recognition of same-sex marriages in general, violate the Due Process and Equal Protection clauses of the 14th Amendment.

Kitchen v. Herbert (2014)

Whether the three provisions of Utah law prohibiting marriage between members of the same sex and defining marriage as a union between a man and a woman violate individual rights guaranteed under the Due Process and Equal Protection clauses of the 14th Amendment. Therefore, whether Utah must issue marriage licenses to same-sex couples and recognize out-of-state marriage licenses of same-sex couples.

Obergefell v. Hodges

Whether homosexuals have a fundamental right to marry under the 14th Amendment, and thus whether the Supreme Court can order states to issue gay marriage licenses and to recognize out-of-state gay marriage licenses, despite state laws or amendments to the contrary.

Gonzales v. Carhart (2007)

Whether Congress’s Partial-Birth Abortion Ban Act is constitutional. Specifically, whether the Act places an “undue burden” on abortion-seekers, based on holdings from Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).

Zelman v. Simmons-Harris (2002)

Whether Ohio’s school voucher program offends the Establishment Clause of the Constitution by allowing parents to direct tax money for tuition to private schools that may have a religious affiliation.