Procedures

• Step 1:

  Have students open the Note-Taking Chart and watch the clips. Each clip focuses on a different case.

  As students watch, they will take note of the major issues being addressed in that case, as well as the arguments made on either side.

  Depending on time, students may jigsaw this assignment with small groups or complete individually.

  Questions to be addressed for each case:

  • What is the case about?
  • What are the legal arguments?

• HANDOUT Note-Taking Chart: LGBT Court Cases

  • Video Clip 1: Jonathan Rauch Discusses One, Inc. v. Olesen (7:33)

  • Video Clip 2: Boy Scouts of America v. Dale (4:20)

  • Video Clip 3: Ruling Against Don't Ask Don't Tell Policy (2:51)

  • Video Clip 4: Joan Biskupic on DOMA and United States v. Windsor (2:21)

  • Video Clip 5: James Obergefell on Obergefell v. Hodges (1:33)

  • Video Clip 6: Gay Marriage and Religious Freedom: Masterpiece Cakeshop v. Colorado Civil Rights Commission (6:07)

• Step 2:

  Use the following clips to hear Justice Kennedy’s majority opinions about the three most recent cases.

  Have students take note of the decision made by the court, and the reasons Justice Kennedy offers for the court’s ruling.

  Questions to be addressed for each case:

  • What did Justice Kennedy and the court decide in this case?
  • What are Justice Kennedy’s reasons for the decision?

• • Video Clip 7: Justice Anthony Kennedy Decision on United States v. Windsor (2:38)

  • Video Clip 8: Justice Anthony Kennedy Decision on Obergefell v. Hodges (1:40)

  • Video Clip 9: Justice Anthony Kennedy and the Masterpiece Cakeshop Decision (2:32)

• Extension:

  Instruct students to research a recent state law or federal policy on a related issue, such as North Carolina HB2 (commonly referred to as the “Bathroom Bill”) or the Trump administration’s policy banning transgender Americans from serving in the military.

  Some resources include:

  • Video Clip: Governor Mike Pence Statement on Religious Freedom Restoration Act (5:54) Indiana Governor Mike Pence (R) spoke to reporters about the state’s Religious Freedom Restoration Act, which he signed into law the previous week.

  • Video Clip: Nina Totenberg on the Transgender Troop Ban (3:44) Nina Totenberg, NPR legal affairs correspondent, discussed the Supreme Court decision on transgender troops with political commentator and radio talk show host Bill Press at the Hill Center.

  • Video Clip: North Carolina "Bathroom Law" (5:32) Charleston Observer legal affairs reporter Michael Gordon spoke by telephone about the Justice Department counter-lawsuit over North Carolina’s House Bill 2 law, which requires transgender individuals to use the restroom corresponding with their sex at birth.

  • Video Clip: Mayor Pete Buttigieg on the Trump Administration and LGBT Issues (2:36) presidential candidate and South Bend, Indiana Mayor Pete Buttigieg (D) answered questions from the Washington Post’s Robert Costa about the Trump administration's policies toward LGBT Americans.