Kaufman v. Unum Life Insurance Co. of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the Supreme Court held section 3 of the Defense of Marriage Act to be unconstitutional
• explaining that the constitutional proposal prevailed in both houses of the Legislature and the subsequent referendum passed with “approximately 76% of the [popular] vote”
• considering that panel’s application of heightened scrutiny increased likelihood of success on the merits at injunction stage
• “This procreation rationale threatens the legitimacy of marriages involving post-menopausal women, infertile individuals, and individuals who choose to refrain from procreating.”
• “Defendants have failed to establish how recognizing a same-sex marriage can influence, if at all, whether heterosexual couples will marry, or how other individuals will raise their families.”
• “[S]ame-sex couples can be just as responsible for a child’s welfare as the countless heterosexual couples across the nation.”

Source: CourtListener parenthetical corpus (CC0).