29 Sep 2009

Gay Couples as Fit to Adopt as Heterosexuals Says New Study

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law, estate planning, and taxes.] Because gay couples can't naturally have children, lots of them want to adopt. When they do, they'll be just as good parents as straight couples. Patricia Reaney reported in Reuters this past Friday

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28 Sep 2009

Prenuptial Agreements Make Gay Marriage Portable State to State

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law, estate planning, and taxes.] Married gay couples often worry about whether they can keep their marriage benefits when they travel or move to another state. They are smart to worry, because out of state gay marriage recognition

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24 Sep 2009

New Research: Children With Gay Parents End Up the Same as Children of Straight Ones

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law and estate planning.] The American Psychology Association last week published a comprehensive study on whether having same sex parents affects child development. The conclusion: it does not. The research, by Dr. Abbie Goldberg, differs from previous publications

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23 Sep 2009

Nevada Domestic Partnership Law Probably Won’t Be Recognized By Other States

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law and estate planning.] Nevada gay couples can take advantage of the state's domestic partnership law next week on October 1. The new law gives couples everything-but-marriage partnerships, just like the law that Washington State recently passed. But

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18 Sep 2009

Obama Administration Once Again Defends DOMA While Calling for Its Repeal

Denise Lavoie of the Associated Press reported today about the Justice Department's response to a Massachusetts lawsuit seeking to overturn portions of DOMA, the law that bans federal recognition of gay marriage. The government defended the law, but at the same time called for its repeal: In court documents, the

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16 Sep 2009

Gay Couples to Report on 2010 Census as Married Even If They’re Not

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law and estate planning.]  In 2010, for the first time, the U.S. Census will count same sex marriages, publishing the number the following year. The Washington Post discussed on Sunday why the published numbers will be important for

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15 Sep 2009

Gay Marriage Public Support More Likely in States Where Marriage Laws Are Challenged

[Cross-posted at the Gay Couples Law Blog, which discusses same sex family law and estate planning.] Public support for gay marriage has increased in every state over the last ten years. However, Katherine Franke, a professor at Columbia Law School, notes that public support increases most in states where cases

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14 Sep 2009

DOMA Repeal Bill Won’t Pass Because It Lets Gay Couples Keep Benefits Across State Lines

A Democratic congressman will introduce on Tuesday a bill to repeal DOMA, the law that (1) prohibits federal recognition of gay marriage and (2) lets states ignore gay marriages performed in other states.  It won't pass. The bill infringes on state rights too much to get enough political support. Not

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10 Sep 2009

Domestic Partnership Laws Expand Market for Gay Legal Services

A decade ago, same sex couples raising children were rare. It would have been stupid for an attorney back then to focus on same sex estate planning: there was no demand. How times have changed.  An article by ABC News explains what is being called the “gayby boom”: Just under one

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02 Sep 2009

Gay Couples Can Open 529 Savings Plans for Each Other, But Watch Out When Changing Beneficiaries

An Iowa man married to his partner sent me an email with some questions about the tax treatment for 529 college savings plans for gay couples. Specifically, he wanted to know Can he set up a 529 plan with his same sex spouse as a beneficiary? If so, can he

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