20 Jan 2010

Supreme Court Decision on Proposition 8 Hard to Predict Because Historic Majorities Don’t Apply

No matter which way the judge rules in the California Proposition 8 trial, the case will almost certainly be appealed to the 11th Circuit Court of Appeals, and then the Supreme Court. How would the Supreme Court rule? It's hard to predict because historic political majorities of the Court wouldn't

13 Jan 2010

Lesbian Custody Battle with Sperm Donor in Canada Highlights Similar U.S. Issues

Shocker: not all the news in gay couples law this week is about the Perry trial. A lesbian couple in Canada who used a friend's sperm to conceive a child is now taking their friend to court to prevent him from seeing their child. Their original arrangement was that their

12 Jan 2010

How Will Supreme Court Rule on Public Broadcast of Perry Trial?

The Perry v. Schwarzenegger trial was going to be recorded and uploaded to YouTube, but the Supreme Court temporarily prevented that until Wednesday so that it can consider the issue in more depth. Once it does, how will it rule? To begin with, Judge Walker no longer wants to upload

12 Jan 2010

Five Perry v. Schwarzenneger Resources to Follow

Although I'll be covering the Perry v. Schwarzenneger trial here, check out these other great resources for commentary and trial recaps: Proposition 8 and the Right to Marry. A law librarian with over 20 years experience, Michael Ginsborg has blogged on the topic since 2008 and always links to the

11 Jan 2010

A Constitutional Argument for Gay Marriage

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law, estate planning, and taxes.] Ted Olsen, the famous conservative lawyer for the gay couples in Perry v. Schwarzenegger, laid out what he called the “conservative argument for gay marriage” in this past weekend's Newsweek. Because conservatives often

08 Jan 2010

Perry v. Schwarzenegger: Basics You Should Know

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law, estate planning, and taxes.] With all the attention yesterday about how Perry v. Schwarzenegger will be the first non-criminal federal trial publicly broadcasted (and on YouTube), it's smart to take some time to go over some basics.

06 Jan 2010

Will a Gay Marriage From Mexico City Be Recognized in the United States?

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law, estate planning, and taxes.]  Mexico City legalized gay marriage late last year, becoming the city in Latin America to do so. Lots of gay couples near Canada already go there to get married. I expect same sex

29 Dec 2009

Top 10 Stories of 2009 in Gay Couples Law

A lot happened in 2009 in gay couples law. Both on a state and national level, the year brought many changes, good and bad, for same sex relationships. Despite the political setbacks towards the end of the year, it's hard to complain when 3 states that didn't allow gay marriage

22 Dec 2009

Texas Appeals Court Reverses Itself, Recognizes Non-biological Lesbian Mother as Parent

A Texas state appeals court this month recognized the parental status of the non-biological mother in a lesbian relationship. The ruling came reverses a previous one by the same court that said the non-biological mom had no parental rights because she was not married to the biological mother. Before the

21 Dec 2009

New Jersey Civil Unions and Marriages: Same Rights on Paper, Different Rights in Practice

Gay couples in New Jersey can form civil unions, but can't get married. This month, the state legislature debated, but didn't vote on, full marriage equality for same sex couples. Because couples in that state can already form civil unions with the full rights of married couples, some wonder what