The Fight for Marriage Equality: Litigating Obergefell

1 credits · Law School

(Formerly Topics in Civil Rights Litigation: Marriage Equality) This course will allow students the opportunity to simulate the litigation of an actual civil rights case. This semester the focus will be on the marriage equality case that was brought in Tennessee federal court and ended up in the U.S. Supreme Court, resulting in the landmark decision that invalidated prohibitions against same gender marriage throughout the entire country. Students will learn how to identify potential civil rights violations, develop the legal theory to support the claim, vet the ideal clients to bring test cases, craft the factual basis to establish standing, defeat early dispositive motions, decide on litigation strategy, move for preliminary injunctive relief, defend decisions on appeal, draft arguments in favor of a petition for certiorari, anticipate expected oral argument questions, and seek attorneys fees for successful cases. Each year the course will focus on a different civil rights case in which the instructor was involved. Constitutional Law II (LAW 8040) and Federal Courts (LAW 7198 OR LAW 8068) are recommended, but not required. Pass/Fail. Limited Enrollment. [1]