As background, on November 26, 2012, a federal district court ruled against a legal challenge brought on behalf of eight same-sex couples seeking the freedom to marry in Nevada. In the case, the plaintiffs argued that Nevada's current law, which excludes same-sex couples from marriage, while relegating them to the second-class status of domestic partnership, violates their right to equal treatment under the U.S. Constitution.
In a December 4, 2012, editorial, the Review-Journal defended the decision of Judge Robert Jones rejecting this challenge, adopting his assertion that the question "is not the wisdom of providing for or recognize same-sex marriage as a matter of policy." According to Professor McAffee in his December 16 editorial, the December 4 editorial "sets up a straw man argument that is easily rejected." Click here to read more of Professor McAffee's December 16 editorial.
Professor McAffee has published numerous articles in law journals including the Harvard Journal of Law and Public Policy, Columbia Law Review, Brigham Young University Law Review, and Temple Law Review and was awarded the Faculty Achievement Award for Scholarship in 1997. His book, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders’ Understanding, was published in 2000. At Boyd, Professor McAffee teaches American Legal History, First Amendment Rights, and Constitutional Law.
Congratulations, Tom!
