State constitutional litigation can be a powerful tool to advance a proactive civil rights agenda at a time when opportunities for creating progressive change in federal courts are imperiled. Today’s U.S. Supreme Court is widely regarded to be one of the most conservative in the last century, and appears prepared to roll back individual rights (such as reproductive choice) while simultaneously strengthening protections for religious actors who wish to discriminate freely against LGBTQ people.
Due to the increased hostility of the federal litigation landscape, it is more important than ever for attorneys working for advancement in the rights of LGBTQ+ people to understand the opportunities for progress that state constitutions can provide. The speakers on this panel will discuss the potential of state constitutional law in the context of creating progressive change, including 1) differences between state constitutions and the federal Constitution, 2) ways in which state court judges interpret their constitutions differently or the same as the federal Constitution, and 3) a discussion of how state constitutional litigation paved the way for overturning anti-LGBTQ+ sodomy laws, and later establishing national marriage equality.