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Massachusetts Gay and Lesbian Legal Briefs Massachusetts Gay and Lesbian Legal Briefs

A discussion of the legal rights of gay, lesbian, bisexual and transgender people and their families in Massachusetts.
By Christopher Vaughn-Martel

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Last Entry: August 05, 2009 at 22:18:00

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JOIN THE DISCUSSION AT OUR NEW LOCATION

Posted on August 05, 2009
NOW BLOGGING TO YOU FROM:http:\\glbtlaw.wordpress.comCHECK OUT THE NEW FEATURES, ARTICLES, HELPFUL LINKS, AND MORE!


Maine Governor Signs Legislature's Bill Approving Same-Sex Marriage Equality

Posted on May 06, 2009
As reported by NBC's reported Domenico Montanaro, Maine Governor Maine's Governor John Baldacci on Wednesday signed a bill, which only days earlier had been passed by the Maine Senate and House, into law affirming the right of same-sex couples to marry...


Maine Senate Passes Same-Sex Marriage Bill; House of Reps to Vote Next Week

Posted on May 01, 2009
On Thursday, April 30, 2009, Reuters reported that Maine's Senate has passed a bill that would make it the fifth in the country to allow gay marriage. The legislation, which will go to a vote in the state House of Representatives next week, seeks to redefine marriage as the legal union of two people rather than between a man and a women...


Why Adoption Is Absolutely Necessary for Same-Sex Couples (Yes, Even in Massachusetts!)

Posted on April 17, 2009
As tens of thousands of same-sex couples take advantage of various equal marriage laws and civil union statutes throughout the country, it is important to remember that the patchwork quilt of laws regarding same-sex families is largely unfinished.So while there is much cause for celebration, we should remember that the federal government refuses to recognize any kind of same-sex relationship; that the nation's largest single employer (the military) will not tolerate homosexuals (much less recognize same-sex relationships); that same-sex couples are not treated equally in the application of immigration laws; and that throughout the country there are laws that ban adoption by homosexuals, that permit discrimination in employment and housing on the basis of sexual orientation, and prohibit any recognition of same-sex relationships...


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Japan Offers Recognition of Same-Sex Marriages Abroad

Posted on April 10, 2009
As reported by the AP, Japan's Justice Ministry announced on March 27, 2009 that it has begun issuing marriage-eligibility certificates to Japanese citizens who plan to marry someone of the same sex in a foreign country where same-sex marriage is legal...


As Expected, Vermont Governor Vetoes Same-Sex Marriage Bill; Legislature Prepares for Override Vote

Posted on April 07, 2009
As reported by the New York Times on April 7, 2009:Gov. Jim Douglas vetoed a bill that would legalize same-sex marriage, setting the stage for an override vote by the legislature. Mr. Douglas, a Republican, announced in March that he would veto the bill, which the Senate passed overwhelmingly and the House of Representatives approved 96 to 52...


Vermont House Passes Same-Sex Marriage Bill; Seeks Senate Approval Friday - then to Governor

Posted on April 03, 2009
As reported by the Burlington Free Press:MONTPELIER ? The Vermont House voted 95-52 on Thursday night to allow same-sex couples to marry in Vermont. The tally suggests it might be difficult for the House to override a promised gubernatorial veto of the bill that would need 100 votes, though supporters said they would push for that...


Iowa High Court Upholds Recognition of Same-Sex Marriages

Posted on April 03, 2009
Visit msnbc.com for Breaking News, World News, and News about the EconomyIn a unanimous decision on Friday, April 3, 2009, the Iowa Supreme Court held that the state's decade-long ban on same-sex marriages was unconstitutional and furthered no legitimate state interest...


Sweden's Parliament Affirms Same-Sex Marriage

Posted on April 02, 2009
The Swedish Parliament voted overwhelmingly on Wednesday to recognize same-sex marriage, becoming the seventh country worldwide to do so.The new law passed on Wednesday by a vote of 226 to 22, and will become effective beginning May 1, 2009. Sweden will join the Netherlands, Belgium, Spain and Norway, Canada, and South Africa, and the US states of Massachusetts and Connecticut, in recognizing same-sex marriage...


Today is Transgender Visibility Day!

Posted on March 31, 2009
March 31, 2009, marks the first annual International Transgender Visibility Day, with various events scheduled to take place around the globe.According to Rachel Crandall, the creator of created Transgender Visibility Day, and head of Transgender Michigan explains the need for a day of celebration:Unlike Transgender Day of Remembrance, Crandall said, the day of visibility aims to focus on all the good things in the trans community, instead of just remembering those who were lost...


Same-Sex Marriage Bills Gaining Ground in New England, to Become "Marriage Equality Zone"

Posted on March 27, 2009
The states of Vermont, New Hampshire, and Maine each moved closer this week to becoming the next New England state to recognize same-sex marriages after Massachusetts and Connecticut.NEW HAMPSHIRE - The AP reported on Thursday March 26 that the New Hampshire House has voted 186-179 in favor of recognizing the right of same-sex couples to marry...


Attorney Todd Ratner of the Western

Posted on March 10, 2009
Attorney Todd Ratner of the Western Massachusetts law firm of Bacon\Wilson recently wrote an article about the possible dangers of filling out a generic Health Care Proxy at a hospital or clinic. The message to clients: not all health care proxies are equal...




Regina Spektor and the California Courage Campaign: "Please Don't Divorce Me"

Posted on February 10, 2009
The "Courage Campaign" has joined up with singer Regina Spektor and more than 18,000 married same-sex couples and their families in California to urge the California Supreme Court to strike down Proposition 8 as unconstitutional and restore marriage equality in California...


Judge: New Jersey Recognizes Same-Sex Marriage for Purposes of Divorce

Posted on February 08, 2009
As reported by the Associated Press on February 6, 2009:A state judge has ruled that gay marriage is recognized in New Jersey for the purpose of divorce.The wider implications of Friday's ruling aren't immediately clear. But State Superior Court Judge Mary Jacobson says New Jersey has a long history of recognizing marriages that are valid where they were performed...


Registrar of Motor Vehicles: Proof of Surgery No Longer Needed to Change Gender Marker on ID

Posted on February 05, 2009
According to a January 21, 2009 letter sent from Massachusetts Registrar of Motor Vehicles Rachel Kaprielian, individuals will no longer be required to provide proof of completed sex reassignment surgery in order to change the gender marker on driver's licenses and IDs...


"Until Death Do Us Part": Texas Denies Gay Divorce

Posted on January 30, 2009
In a predictable move, the Texas legal system has just thrown out the case of a gay Dallas couple seeking to file for divorce. The petition, which was filed on Jan. 21 in Dallas County?s 302nd District Court, sets up a legal showdown over whether courts will grant divorces to same-sex couples who?ve married legally in another state...


Columbia's Highest Court Grants Same-Sex Couples Equal Rights

Posted on January 30, 2009
As reported in the Latin American Herald Tribune January 30, 2009:BOGOTA -- The Colombian Constitutional Court has recognized the civil, political, social and economic rights of same-sex couples.The president of the high court, Humberto Sierra Porto, told reporters that to make possible the recognition of these rights, parts of the criminal and civil codes, as well as some parts of military regulations, will have to be modified...


VT, NH & ME Introduce Equal Marriage Rights Bill

Posted on January 16, 2009
From the AP at Bay Windows on January 16, 2009.According to a report by the Associated Press, and published by , State Sen. Dennis Damon (D-Trenton) said he is introducing a bill to rewrite Maine?s existing statute that defines marriage as between one man and one woman, instead defining it as a union between two people...


Changing Your Legal Documents to Reflect Your Sex: Part 5 of 5

Posted on January 07, 2009
Part 5 of 5: Obtaining a New Massachusetts Driver's License.For a relatively nominal fee of $15.00, an individual can request that the Registry of Motor Vehicles issue a new driver's license which reflects their appropriate name and sex designation. It should be noted that an individual need not change his or her name in order to change their sex designation...


Changing Your Legal Documents to Match Your Sex: Part 4 or 5

Posted on January 06, 2009
Part 4 of 5: Obtaining an Amended Birth Certificate in Massachusetts.After an individual has completed sex reassignment surgery, and has had his or her name legally changed in the Probate Court, he or she may apply to have his or her birth record amended to reflect the newly-acquired sex and name...


Connecticut Considers Transgender Antidiscrimination Protections

Posted on January 06, 2009
The Hartford Courant reported today that Connecticut legislators will introduce a Transgender Anti-discrimination Bill sometime during this legislative session. The proposed bill would seek to prevent discrimination on the basis of one's gender expression or identity...


Vaughn-Martel Law Has Moved!

Posted on November 30, 2008
Vaughn-Martel Law has moved its offices to a new address in the Boston's South End neighborhood:530 Tremont StreetBoston, MA 02116Vaughn-Martel Law was founded as the Law Office of Christopher Vaughn-Martel in 2006, and continues to serve individuals, families, and small businesses throughout Massachusetts...


California Supreme Court Agrees to Hear Proposition 8 Challenge

Posted on November 19, 2008
On Wednesday, the California Supreme Court agreed to hear three legal challenges to Proposition 8, according to the AP. Proposition 8, the ballot initiative which amended the California Constitution to limit civil marriage to opposite-sex couples, passed on election day with the support of 52% of California voters amended the California Constitution...


California Voters Approve Proposition 8: Same-Sex Marriage Made Illegal

Posted on November 06, 2008
Election Day, November 5, 2008: Proposition 8, which limits marriage in California to heterosexual couples, passed Tuesday with 52 per cent support, only 4 months after the California Supreme Court legalized same-sex marriage last earlier this year. It is entirely unclear what legal effect the amendment will have for the more than 18,000 same-sex couples who have married in the state since June...


Changing Your Legal Documents to Match Your Sex: Part 3 of 5

Posted on October 23, 2008
Part 3 of 5: Name Change in the Massachusetts Probate Courts.Changing one's legal name in Massachusetts is designed to be a fairly easy and straightforward process. Under Massachusetts law, a name change "shall be freely granted unless such change is inconsistent with public interest"...


Connecticut Recognizes Right of Same-Sex Marriage

Posted on October 15, 2008
On Friday, October 10, 2008, the Connecticut Supreme Court held in the case of Kerrigan & Mock v. Dep't of Public Health, that same-sex couples have the right under Connecticut state law to enter into marriage. The Supreme Court decision overturns the ruling of a lower court which had held that state-sanctioned civil unions offered the same rights and benefits to same-sex couples...


Changing Your Legal Documents to Match Your Sex: Part 2 of 5

Posted on October 04, 2008
A passport is an essential legal document for every citizen. Without it, an individual will be unable to travel outside of the United States, including to Canada and Mexico.Part 2 of 5: Passports. Because passports are issued by the federal government, the procedure obtaining a new United States passport that accurately reflects one's name and sex designation is uniform regardless of your state of residence...


Gender & Identity: A How-To Series About Changing Your Personal Legal Identification and Documents (PART 1 OF 4)

Posted on September 30, 2008
For better or worse, our legal IDs and documentation often define who we are. Whether it is a social security card, a passport, a driver's license, or employee security badge, our legal documentation provides us with rights, privileges and access to society and its institutions...


DOJ Ruling Undercuts DOMA: Children of State-Recognized Same-Sex Relationships May Collect Federal Benefits

Posted on August 27, 2008
The federal Defense of Marriage Act, passed in 1996, prevents the federal government from extending (or forcing other states to extend) rights or benefits to same-sex couples and their children, even if those relationships enjoy marriage, domestic partner, or civil union status under their own state law...


Out of State Same-Sex Couples Cleared to Marry in Mass.

Posted on July 31, 2008
On Thursday, July 31, Massachusetts Governor Deval Patrick signed a bill repealing a 1913 law which was being used to deny out-of-state same-sex couples the ability to legally marry here in Massachusetts. The repeal passed swiftly in the Senate earlier this month on a unanimous voice vote, after passing in the House on a vote of 118 to 35...


What is a Homestead Declaration and Will it Protect my Family?

Posted on July 02, 2008
Whether it is a house, a condo, or a townhouse, our homes are more than just where we live - they are often our largest single asset and our most significant investment. For that reason, it's important that homeowners take advantage of the Massachusetts Homestead Act, which offers homeowners and their families significant protection from creditors...


California Gay Marriage Primer

Posted on June 14, 2008
Now that gay marriage is set to become legal in California on June 17, 2008, how will it actually work? The following is a short list of articles and resources to help guide prospective brides and grooms in the state of California:Online LGBTQ magazine EdgeBoston has posted a very brief Q & A on the practical details of gay marriage in California: "Cali Gay Marriage 101"...


Domestic Violence in the Gay Community

Posted on June 07, 2008
The Gay Mens Domestic Violence Project in Cambridge, Massachusetts, estimates that 1 in 4 gay men will experience some sort of abuse in the context of an intimate relationship with another man. A 2002 study conducted among approximately 2,881 men in the cities of San Fransisco, Los Angeles, New York, and Chicago, reported the following rates of abuse among men in relationships with other men: Psychological/symbolic battering 34%Physical battering 22%Sexual battering 5%The Massachusetts Abuse Prevention Act (M...


California Supreme Court: Gay Marriage Ban Unconstitutional

Posted on May 15, 2008
On Thursday, May 15, 2008, the California Supreme Court ruled that its state Domestic Partnership laws were constitutionally inadequate, striking down California's ban on same-sex marriage in an historic 4-3 decision.The cases under review were brought by the city of San Francisco, two dozen gay and lesbian couples, Equality California and another gay rights group in March 2004 after the court halted San Francisco's monthlong same-sex wedding march that took place at Mayor Gavin Newsom's direction...


Mildred Loving, Plaintiff in Interacial Marrige case, Loving v. Virginia, Dies at 68

Posted on May 05, 2008
In 1967, Mildred Loving and her husband, Richard, pictured left, successfully challenged Virginia's laws prohibiting marriage between persons of different races. The unanimous landmark Supreme Court decision in Loving v. Virginia (which can be viewed here in its entirety) not only struck down state anti-miscegenation laws like the one in Virginia, but would also become an essential tool in the legal fight for same-sex marriage equality...


Talking to Children About LGBTQ Familes * A Free Online Resource *

Posted on April 25, 2008
Even before children are old enough to understand verbal language, they are learning about and observing human relationships, identity, and family structures. For all parents, it can be challenging to communicate difficult concepts such as marriage, reproduction, adoption, and human relationships...


Ten Thoughts on Advanced Healch Care Planning

Posted on April 04, 2008
None of us ever expects or plans to become ill or injured. However, it is likely that each of us will - at one time or another - be unable to make or communicate our own health care decisions. Whether the medical condition is temporary or permanent, each of us has the opportunity while we are alert, competent, and healthy to appoint another person as medical decision-maker just in case...


Inside Proposed Transgender Civil Rights Legislation, House Bill 1722

Posted on March 04, 2008
On January 10, 2007, legislative sponsors in the Massachusetts House of Representatives unveiled House Bill #1722, entitled: "An Act Relative to Gender-Based Discrimination and Hate Crimes". The Bill proposes specific statutory legal protections for transgender and gender non-conforming persons...


Civil Unions. What They Are; What They Aren't.

Posted on February 26, 2008
On January 1, 2008, New Hampshire became the fourth state in the nation to grant civil unions to same-sex couples. Currently, civil unions are recognized in Vermont, New Jersey, and Connecticut, while both California and Oregon offer Domestic Partnership Laws, which offer substantially similar rights and protections...


Domestic Partnership Agreements

Posted on January 09, 2008
A Domestic Partnership Agreement (DPA) is a contract between two persons which describes how property and assets are owned, how finances are held and managed, and how any property should be divided in the event that it becomes necessary (much like a Prenuptial Agreement)...


Pets and Estate Planning?

Posted on December 20, 2007
A 2003 study conducted by GL Census Partners found that gays and lesbians are more likely to own a pet than their heterosexual counterparts. In fact, the study estimates that nearly 2 out of 3 GLBT people have a pet of some kind! And as anyone with a pet (or animal companion) will tell you, they are truly a part of your family...


What is a "Health Care Proxy"?

Posted on December 19, 2007
Massachusetts law allows every individual 18 years or older to appoint another person as her Health Care Agent. A Health Care Proxy is the legal instrument that appoints your trusted Health Care Agent and enables them to make and communicate important health care decisions on your behalf in the event you are unable to do so...


When Should I Update My Health Care Proxy?

Posted on December 11, 2007
Question: Assuming I have a current Health Care Proxy and Living Will in place, when or how often should I have these important healch care instruments reviewed or updated?Answer: The American Bar Association?s Commission on Law & Aging suggests updating your health care wishes whenever any of the ?Five Ds? occur:DECADE ? when you start each decade of your life;DEATH ? whenever you experience the death of a loved one;DIVORCE ? whenever you experience a divorce or other major family change;DIAGNOSIS ? when you are diagnosed with a serious health condition; andDECLINE ? when you experience a significant decline or deterioration of an existing health condition, especially when it impacts your ability to live independently...


Just Married? Time for a New Will!

Posted on December 06, 2007
If you are one of the many same-sex couples that took advantage of the legal recognition of same-sex marriage in Massachusetts, you probably think that you've done everything you can to protect your spouse, your children and your estate. Not so fast.If you recently got married, those wills you and your partner created years ago to protect one another are no longer valid...


Will Massachusetts Recognize my Same-Sex Marriage?

Posted on December 06, 2007
Question: I was legally married in another country. Will Massachusetts recognize my marriage?Answer: Yes, and congratulations! Canada, along with Spain, Belgium, the Netherlands, and South Africa all recognize the right of same-sex couples to be lawfully married...


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