Family Law

Vermont Marriage Bill Advances

Posted on March 24, 2009
The Vermont Senate passed legislation Monday that would legalize same-sex marriage in the state. The bill passed 26-4. It now moves to the House where supporters believe it is likely to be approved. But whether Vermont Gov. James Douglas (R) will sign it is unknown...

DOMA Challenge Filed in MA

Posted on March 03, 2009
(March 3, 2009) The first concerted, multi-plaintiff legal challenge to Section 3 of the federal Defense of Marriage Act (DOMA) was filed today by Gay & Lesbian Advocates & Defenders (GLAD). Gill et al. v. Office of Personnel Management et al...

HI Civil Union Bill Stuck in Committee

Posted on February 25, 2009
HONOLULU—The Hawaiian Civil Union Bill, which was recently passed in the House, remains stuck in the Judiciary Committe. After 15 hours of testimony, the Committee tied on a 3-3 vote to move the bill to the Senate. Senate leaders are now considering a full Senate vote to pull the bill from the Committee...

HI Senate Committee Considers Civil Unions

Posted on February 24, 2009
HONOLULU&Mdash;With a little manuevering, HB 444, the Hawaiian Civil Union Bill may make it to a vote before the full Senate. The bill previously passed in the House last week. The prospects for the bill remain uncertain. The Senate Judiciary Committee had scheduled hearings on the bill for today, however, the Committee is deadlocked 3-3 and the bill may not make it out of Committee...

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MI Court Must Hear Lesbian Custody Case

Posted on February 20, 2009
DETROIT—The Michigan State Court of Appeals today held that a Michigan family court cannot refuse to hear a child custody case simply because it involves children whose parents are lesbians, ruling that there is no gay exception to Michigan?s child custody laws...

NJ Divided on Marriage Equality

Posted on February 19, 2009
A poll conducted by Monmouth University on behalf of Gannett shows that New Jersey remains divided on changing the marriage laws in the state. The poll shows that although the percentage of residents who favor allowing same-sex couples to marry (48%) remains unchanged from October 2007, the percentage who oppose recognition has dropped by 2% to 43%...

2009 Estate Tax and Gift Tax Exclusions Increase

Posted on February 18, 2009
The federal estate tax is a tax imposed on all transfers by a decedent, including probate and non-probate assets. The The unified credit, that is, the amount that is excluded from the estate tax, increased automatically to $3.5 million. The maximum tax rate on taxable transfers in excess of the unified credit remains at 45%...

NJ Couple Wins Right to Divorce

Posted on February 06, 2009
TRENTON—The American Civil Liberties Union of New Jersey today celebrated a victory in a case that allows a same-sex couple married outside the state to get divorced in the New Jersey courts. While the day a relationship ends is never happy, I am relieved that the courts of New Jersey are allowing us to move on, rather than keeping our relationship status in legal limbo, said La Kia Hammond, the ACLU-NJ client who was granted a divorce in New Jersey today...

Crossing the Line

Posted on December 24, 2008
Recently, my husband Richard, and I joined our niece for dinner in Philadelphia. Because we often cross the river from New Jersey into Philadelphia for dinner, to shop, to visit a museum or for business, our niece said to me, Uncle Stephen, why don't you move to Philadelphia? Because, I said, Pennsylvania doesn't respect our marriage...

NY Birth Certificates to Name Both Same-sex Parents

Posted on December 12, 2008
NEW YORK— The New York State Health Department has agreed to allow same-sex married couples to list both parents names on the birth certificates of children born during the marriage. The directive, which conforms with Gov. David Paterson's state-wide order to recognize out-of-state same-sex marriages, means that married same-sex couples are treated equally to opposite-sex married couples, at least in regard to the birth of children during the marriage...

NJ Commission Recomends Marriage Equality

Posted on December 11, 2008
TRENTON—The New Jersey Civil Union Review Commission released its final report on December 17, 2008, with a unanimous finding that the State's civil union law fails to meet the Supreme Court's requirement that same-sex couples be afforded treatment equal to that of married couples, and recommending that the Legislature quickly pass a marriage equality law...

CT Becomes Third State With Full Marriage Equality

Posted on October 10, 2008
HARTFORD—The Connecticut Supreme Court ruled today that same-sex couples have the right to marry. In the 4-3 ruling, the Court concluded that civil unions does not provide true equality and its imposition imposes a "cognizable harm" on same-sex couples...

Expecting the Unexpected

Posted on September 25, 2008
I have been reminded several times in recent months that life is full of unexpected events. First, a client of mine very nearly died during a routine medical procedure. Second, a freak accident resulted in my becoming (temporarily) physically incapacitated...

NY Court Upholds Marriage Recognition Order

Posted on September 03, 2008
New York, NY—A New York judge ruled Tuesday that Governor David Paterson (D) did not act illegally when he issued a directive ordering state agencies to recognize out-of-state same-sex marriages. To recognize same-sex marriages legally solemnized in other jurisdictions is consistent with New York's common law, statutory law, and constitutional separation of powers, said the ruling by Justice Lucy Billings in Bronx Supreme Court...

Majority Support for Marriage Equality in NJ

Posted on August 20, 2008
TRENTON, NJ—A majority of New Jersey residents favors marriage equality for same-sex couples over civil unions, according to a poll released Tuesday. The Zogby Poll found an even bigger majority would not be opposed to lawmakers changing the civil union law to marriage equality...

CA Marriage Debate Not Completely Settled

Posted on August 08, 2008
Over four years ago, the mayor of San Francisco directed the city to begin issuing marriage licenses to same-sex couples. A month after these initial licenses were issued, the California Supreme Court issued an injunction prohibiting the city from issuing further licenses...

NY Court to Hear Marriage Recognition Challenge

Posted on August 06, 2008
The right-wing Alliance Defense Fund, on behalf of some New York lawmakers, goes to the New York Supreme Court on Thursday to fight Gov. David Paterson's executive order to recognize out-of-state gay unions. The group is citing the definition of the word marriage according to the online edition of the Merriam-Webster dictionary, claiming that legal recognition of same-sex marriages would undermine the democratic process and force taxpayers to fund benefits for same-sex couples, the New York Sun reported...

MA Now Allows Non-residents to Marry

Posted on August 01, 2008
BOSTON, MA—Gay and lesbian couples from outside Massachusetts are now free to marry in the state. Gov. Deval Patrick on Thursday signed a bill repealing a 1913 law that barred couples from marrying in Massachusetts if their union would not be valid in their own states...

MA Repeals Non-resident Marriage Ban

Posted on July 30, 2008
BOSTON, MA—The Massachusetts House yesterday repealed a 1913 law used to bar the marriages of same-sex couples who are residents of states which would not recognize their unions. The measure already has passed the Senate and Gov. Deval Patrick (D) has said he will sign it...

NY Blue Cross, Blue Shield Extend Marriage Coverage

Posted on July 28, 2008
BUFFALO, NY—Less than three weeks after a legally married New York lesbian couple sued Blue Cross and Blue Shield of Western New York for denying them spousal health benefits, the insurer said it will begin covering married same-sex couples. We applaud Blue Cross and Blue Shield of Western New York for following the law and treating all married couples the same, Donna Lieberman, executive director of the New York Civil Liberties Union, told OutcomeBuffalo...

Fed Ct Upholds Dismissal of Philadelphia Anti-gay Suit

Posted on July 16, 2008
PHILADELPHIA, PA—A three-judge panel of the Third Circuit Court of Appeal affirmed the dismissal of the lawsuit against Philly Pride, Fran Price and Chuck Volz brought by members of Repent America. The Third Court's favorable opinion was issued in Startzell, et al...

MA Senate Votes to Allow Out-of-State Marriages

Posted on July 15, 2008
BOSTON, MA—The Massachusetts Senate has voted to repeal a 1913 law used to bar same-sex couples from states which would not recognize their marriages from marrying in Massachusetts. The House is expected to vote this week. House Speaker Salvatore DiMasi (D) and Senate President Therese Murray (D) both support the repeal effort...

FL Hospital Sued For Denying Access to Dying Partner

Posted on June 26, 2008
Miami, FL—A lawsuit will be filed in Miami Wednesday against a hospital that refused to allow the partner of a dying lesbian to see because they were not considered family. The case is a poignant reminder that same-sex couples, even those in a legally-recognized relationship, should have proper advanced directives and other estate planning documents...

CA Marriage Equality Effective Today

Posted on June 16, 2008
Westmont, NJ—After 5:00 pm today, gay and lesbian couples will be able to marry in California. Unlike Massachusetts, which does not allow non-resident couples, including those from New Jersey, to marry in that state, California has no such restriction...

A2978 Freedom of Religion and Equality in Civil Marriage Act

Posted on June 16, 2008
This bill, titled the Freedom of Religion and Equality in Civil Marriage Act, would authorize same-sex marriage in the State. The bill defines marriage as the legally recognized union of two consenting persons in a committed relationship. In Lewis v...

NJ Couple Awarded $2.84M for Harassment

Posted on June 12, 2008
Secaucus, NJ—A Secaucus gay couple who endured years of threats and harassment from volunteer firefighters have been awarded $2.84 million in a civil rights suit against the town. When Peter de Vries, 55, and Timothy Carter, 45, bought their dream house they knew it was beside a fire hall, but figured they'd get used to the occasional noise from the sirens as the volunteer firefighters raced to a blaze...

S1967 Freedom of Religion and Equality in Civil Marriage Act

Posted on June 09, 2008
This bill, titled the Freedom of Religion and Equality in Civil Marriage Act, would authorize same-sex marriage in the State. The bill defines marriage as the legally recognized union of two consenting persons in a committed relationship. In Lewis v...

VA Supreme Court Upholds Child Custody Case

Posted on June 06, 2008
RICHMOND, VA—The Virginia Supreme Court said Friday that a Vermont court's ruling should stand in a child visitation dispute between two former lesbian partners. Friday's decision is a victory for Janet Jenkins, who entered a civil union with Lisa Miller in Vermont in 2000...

Entering a Civil Union

Posted on June 05, 2008
In order to enter into a civil union in New Jersey, you must first obtain a civil union license after proving your eligibility, wait at least the required 72 hours until the license is issued to you, then have a person who is eligible to do so solemnize the civil union...

CA Supreme Rejects Stay, Rehearing; Marriages Begin June 16

Posted on June 04, 2008
SAN FRANCISCO, CA—The California Supreme Court today filed an order in the Marriage Cases (S147999; decision filed May 15, 2008), denying requests to stay its decision until after the November 2008 election and denying petitions for rehearing. The rehearing petitions were denied by a 4-3 vote...

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