Susannah W. Pollvogt Publications, Presentations, and Other Activity

Articles in Law Reviews

"The Battle for the Soul of Unconstitutional Animus" (work in progress).

"Children as Proto-Citizens: Equal Protection, Citizenship, and Lessons from the Child-Centered Cases," 48 U.C. Davis Law Review 655 (2014) (with Catherine E. Smith).

"Marriage Equality, United States v. Windsor, and the Crisis in Equal Protection Jurisprudence," 42 Hofstra Law Review 1045 (2014).

"Beyond Suspect Classifications," 16 University of Pennsylvania Journal of Constitutional Law 739 (2014).

"Windsor, Animus, and the Future of Marriage Equality," 113 Columbia Law Review Sidebar 204 (2013).

"Forgetting Romer," 65 Stanford Law Review Online 86 (2013).

"Casting Shadows: Fisher v. University of Texas at Austin and The Misplaced Fear of 'Too Much' Diversity," 72 Maryland Law Review Endnotes 1 (2013).

"Unconstitutional Animus," 81 Fordham Law Review 887 (2012).

Amicus Briefs

Amicus Brief of Scholars of the Law of Unconstitutional Animus, filed in Animal Legal Defense Fund, et al. v. Otter, et al., United States District Court for the District of Idaho, No. 1:14-cv-00104-BLW, (December 1, 2014) (with Prof. William Araiza). Cited In:

Amicus Brief of Scholars of the Constitutional Rights of Children, filed in Robicheaux v. Caldwell, United States Court of Appeals for the Fifth Circuit, No. 14-31037, (October 24, 2014) (with Profs. Catherine Smith and Tanya Washington).

Amicus Brief of Susannah W. Pollvogt, Scholar of the Law Of Unconstitutional Animus, filed in Henry v. Himes, No. 14-3463 (6th Cir. July 15, 2014).

Amicus Brief of Scholars of the Constitutional Rights of Children, filed in United States v. Windsor, No. 12-307 (2013) (U.S. Supreme Court) with Professors Catherine Smith and Tanya Washington. Cited in:

Other Publications

"Op-Ed: Straw-Man Argument on Marriage Equality Shouldn't Fool High Court," The National Law Journal, June 15, 2015.

Balkinization Symposium on Unconstitutional Animus (Guest blogger, Balkinization)

"The Smartest Constitutional Argument for Marriage Equality That No One Is Making," Slate, September 29, 2014 (with Catherine E. Smith).

"Judge in Same Sex Case Rebuffs High Court: Ban on Gay Marriage Based on Benefits to Children is Discriminatory, Precedent Strongly Suggests," The National Law Journal, September 29, 2014 (with Catherine Smith).

"Of Course Gay Marriage Bans Are Based in “Animus”," Slate, September 8, 2014.


"The Denigration of Jurisprudence: Unconstitutional Animus and the Continuing Battle Over Purpose Versus Effect in Equal Protection Law," Yale Law School, New Haven, Connecticut,September 24, 2015.

"Larger Consequences of the Supreme Court's Same Sex Marriage Decisions," 2015 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 25, 2015.

Presenter, "The Denigration of Jurisprudence," Information Society Project, Yale Law School, New Haven, Connecticut, February 4, 2015.

Presenter, "Relationship between Teaching Methods and Inclusiveness," Society of American Law Teachers (SALT) Teaching Conference, University of Nevada, Las Vegas, Boyd School of Law, Las Vegas, Nevada, October 11, 2014.

Presenter, "Not Equal Yet," U.C. Davis Law School, February 2014.

Moderator, "Revisiting Sex: Gender and Sex Discrimination Fifty Years After the Civil Rights Act," University of Denver Sturm College of Law, January 2014.

Presenter, "Marriage Equality," American Constitution Society, April 2013.

Presenter, "Animus and Marriage Equality," The Williams Institute, University of California School of Law, Los Angeles, California, April 17, 2013.

Presenter, "Civil Unions and Marriage Equality," American Constitution Society, April 2013.

"Animus and Marriage Equality," Lavender Law, Junior Scholar's Forum, Washington D.C., August 24, 2012.


Quoted, "Federal Judge Mangles Precedent, Upholds Louisiana’s Gay Marriage Ban," Slate, September 3, 2014.

"In Colorado, an Effort to Ease Confusion over Same-Sex Marriage," National Public Radio, July 28, 2014.

"Opinion May Pose Obstacle for Same-Sex Unions," The New York Times, July 28, 2014.

"What the Supreme Court's Rulings on Same-Sex Marriage Mean to Coloradans," Colorado Public Radio, Colorado Matters (June 28, 2013).

"Ruling Gives More Legal Standing to Challenge Gay Marriage Ban," CBS Denver (June 27, 2013).

"Supporters, Critics of Gay Marriage Await Supreme Court Rulings," Colorado Public Radio, Colorado Matters (June 10, 2013).

Panelist, "Historic Day: Civil Unions Legal," Colorado Public Television, Studio 12 (May 1, 2013).