Massachusetts Gay and Lesbian Legal Briefs: Family Law

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Family Law

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

Post Frequency: 0.2/day

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

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"...

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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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