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Family Law

NJ Domestic Partnership

Legal information on the New Jersey Domestic Partnership Act and on legal issues affecting same-sex couples in the New Jersey area.

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Last Entry: March 24, 2009 at 11:30:18

The Family Home, Part II

Posted on June 03, 2008
Most gay or lesbian couples choose to share ownership of their personal residence. If you are in a domestic partnership or simply living together as unmarried cohabitants, your most common choice is joint tenancy with rights of survivorship. If you are in a civil union, you have an additional choice, tenancy by the entireties...

NY Marriage-Equality Opponents Considering Options

Posted on June 02, 2008
Albany, NY—Opponents of same-sex unions were pondering a range of legal and legislative challenges to Gov. David A. Paterson's new policy of having state agencies honor same-sex marriages that have been performed outside New York. Though the directive was issued by Mr...

CA Anti-Gay Marriage Initiative Qualifies for Ballot

Posted on June 02, 2008
Sacramento, CA—An initiative that would again outlaw gay marriage in California has qualified for the November ballot, the Secretary of State announced Monday. California Secretary of State Debra Bowen said a random check of signatures submitted by the measure's sponsors showed that they had gathered enough names for it to be put to voters...

NY to Recognize Out-of-State Same-Sex Marriages

Posted on May 29, 2008
ALBANY, NY—New York Gov. David Paterson issued a directive on May 14 to all state agencies — including those governing insurance and health care — to immediately change policies and regulations to recognize gay marriages. For years, gay rights advocates have sought recognition for same-sex marriages so couples could share family health care plans, receive tax breaks by filing jointly, enjoy stronger adoption rights and inherit property...

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CT Couples Still Waiting for Marriage Equality

Posted on May 17, 2008
Hartford, CT—One year ago this week the Connecticut Supreme Court heard arguments in a case involving 8 same-sex couples seeking the right to marry. The court reserved judgment in the case, and for the past 12 months gay and lesbian couples in the state have been waiting for a ruling, having to make do with civil unions that most LGBT advocates say are insufficient...

CA Supreme Court Rules in Favor of Marriage Equality

Posted on May 15, 2008
San Francisco, CA—The California Supreme Court ruled Thursday that Prop 22, the voter approved initiative used to block same-sex marriage is unconstitutional. The court also said that California's domestic partnership law is not a good enough substitute for marriage...

PA Marriage Ban "Indefinitely Tabled"

Posted on May 07, 2008
Harrisburg, PA—In a surprise move just hours before the Pennsylvania Senate was expected to approve a proposed constitutional amendment that would bar same-sex marriage and civil unions in the state the measure's backer pulled the bill. Sen. Michael Brubaker (R) in asking to have the bill indefinitely tabled said that even though there was broad support in the Senate it would likely fail in the House...

PA Marriage Ban Advances

Posted on May 06, 2008
HARRISBURG, PA—Minutes after a Senate committee approved a bill to amend the state constitution to ban same-sex marriage yesterday, Democratic legislators from Pittsburgh and Philadelphia vociferously attacked the proposal, calling it disgraceful, morally wrong and unnecessary...

NY High Court Lets Marriage Case Stand

Posted on May 06, 2008
The Court of Appeals, the highest court in New York State, Tuesday declined to hear a case challenging an appeals court ruling that found the marriages of same-sex couples married in jurisdictions where they are legal must be recognized in New York. The decision not to accept the case means the lower court ruling will stand...

NJ Gov Signs Family Medical Leave Act

Posted on May 02, 2008
TRENTON—Governor Jon S. Corzine today signed an historic family leave insurance bill, propelling New Jersey to become only the third state in the nation to enact a family leave program for workers caring for sick family members, newborn and newly-adopted children...

Trespassing Charge for NY Couple Seeking Marriage License

Posted on April 30, 2008
Oyster Bay, NY—A middle-aged gay couple was charged with trespassing when they refused to leave the town clerk's office after being refused a marriage license. Dan Pinello, 58, and Lee Nissensohn, 50, entered the building about 3:30 Monday afternoon...

No Evidence for Hate Crimes in Newark Murders

Posted on April 28, 2008
By Lou Chibbaro Jr. Washington Blade Newark, NJ—A New Jersey prosecutor last week said investigators have yet to find sufficient evidence to classify as a hate crime the execution-style slayings of three college students in a Newark schoolyard last August hours before they planned to attend a Gay Pride festival...

VA Supreme Court Hears Child Custody Case

Posted on April 17, 2008
By Frank Green Times-Dispatch The Virginia Supreme Court heard arguments this morning in a long-running custody battle over a 6-year-old girl and two women who entered into a civil union in Vermont but then later broke up. Lisa Miller-Jenkins returned to Virginia with her daughter, Isabella, who was conceived via artificial insemination...

Happy Birthday, LAD

Posted on April 16, 2008
by Frank Vespa-Papaleo, Director New Jersey Division on Civil Rights On April 16, 1945, in the midst of the Second World War and just one day after the nation laid to rest the late President Franklin Delano Roosevelt, U.S. President Harry Truman addressed a joint session of Congress, telling those assembled that with FDR's passing, [n]o man could possibly fill the tremendous void left by the passing of that noble soul...

Same-Sex Wedding Business Good for New Jersey

Posted on April 14, 2008
By Joshua Kurlantzick New York Times Last summer, when Kimberly McHugh and Laura Pazarena, a couple in Washington, decided to celebrate their union, they quickly ran into the same problems that any couple faces. There were so many vendors, flowers, the D...

PA Anti-Gay Ban Will Cost Jobs

Posted on April 12, 2008
Pittsburgh, PA—Supporters and opponents of a proposed amendment to the Pennsylvania constitution to restrict marriage to opposite-sex couples filled Pittsburgh's Allegheny County Courthouse for a public hearing. The amendment also would ban civil unions and could be used, say opponents, to cancel domestic partner benefits...

A873 Family Medical Leave

Posted on April 11, 2008
This bill extends the State's existing temporary disability insurance (TDI) system to provide workers with family temporary disability leave benefits to care for members of the worker's family unable to care for themselves, including sick family members and newborn and newly adopted children...

Tax Bite Worse for Same-Sex Couples

Posted on April 10, 2008
By Geoff Mulvihill Associated Press Mt. Laurel, NJ—For gay couples, the April 15 tax filing deadline can be a reminder of the disparities they face, even in a nation that is becoming more accepting of same-sex couples. Gay couples often pay higher taxes because they don't get the federal tax benefits that go with marriage...

The Family Home

Posted on April 04, 2008
The most important asset most gay or lesbian families will ever own is their home. Joint home ownership is often the first formal step couples take toward cementing their relationship. Whether you are buying your first home together or living together in a home that one or both of you currently own, you need to consider how the civil union law affects your home ownership...

NY Court Recognizes Canadian Marriage

Posted on March 31, 2008
New York, NY—A New York appeals court has vacated the ruling of a lower court that a gay man was not entitled to spousal health insurance benefits even though he and his spouse were lawfully married in Canada. Duke Funderburke, 72, married his partner of 42 years, Brad Davis, 67, in October of 2004 in a ceremony in Ontario, Canada...

Konica Terminates Benefits for Former NJ Resident

Posted on March 25, 2008
Boise, Idaho—Seeking to maintain health insurance for a 9/11 survivor, the American Civil Liberties Union today sent a demand letter to the New Jersey offices of Konica Minolta Business Solutions U.S.A., Inc. (KMBS) urging the company to interpret its policy on domestic partner health insurance so that more employees will have access to the insurance...

PA Ban on Civil Unions, Marriage Equality Advances

Posted on March 19, 2008
Harrisburg, PA—A proposal to amend the Pennsylvania Constitution to ban gay marriages and civil unions received approval from a Senate committee Tuesday as supporters seek to revive an effort that stalled in 2006. In a packed Judiciary Committee hearing, opponents tried, but failed, to delay a vote...

CT Civil Unions Not Working

Posted on March 18, 2008
Hartford—Gay and lesbian couples told state lawmakers Monday that civil unions are not working and they provided evidence that the intentions of the law are not being followed. Civil unions became legal in Connecticut in 2005. The accords same-sex couples most of the rights and obligations Connecticut gives married couples...

VT Supreme Court Upholds Lesbian Visitation

Posted on March 15, 2008
Montpelier, VT—A woman involved in a high-profile custody dispute welcomed a Vermont Supreme Court ruling yesterday upholding her visitation rights to a child her former lesbian partner had when they were together. I think it's absolutely wonderful, said Janet Miller-Jenkins, 43, of Fair Haven, Vt...

WA State Expands Domestic Partnership Rights

Posted on March 14, 2008
by Rachel La Corte Associated Press OLYMPIA, WA—Domestic partners will be granted more than 170 of the benefits and responsibilities given to married couples under a measure signed into law Wednesday by Gov. Chris Gregoire. The measure adds domestic partners to sections of laws where previously only spouses were mentioned, including areas referring to probate and trusts, community property and homestead exemptions, and guardianship and powers of attorney...

S786 Family Medical Leave

Posted on March 13, 2008
This bill extends the State's existing temporary disability insurance (TDI) system to provide workers with family temporary disability leave benefits to care for members of the worker's family unable to care for themselves, including sick family members and newborn and newly adopted children...

PA Poll Shows Wide Support for Civil Unions

Posted on March 08, 2008
A new survey has found overwhelming support for allowing civil unions for same-sex couples in Pennsylvania. Sixty-five percent of those polled said they would support civil unions in the state, while 37 percent were opposed. The survey was conducted by Susquehanna Polling and Research for the Value All Families Coalition, an umbrella organization fighting a proposed amendment to the Pennsylvania constitution that would ban same-sex marriage, block civil unions and possibly curtail domestic partner benefits...

CA Supreme Ct Hears Marriage Equality Case

Posted on March 06, 2008
By Maura Dolan Los Angeles Times San Francisco—Four years after thousands of same-sex couples streamed into this liberal bastion to apply for marriage licenses, the California Supreme Court on Tuesday took up the question of whether gay people have a constitutional right to wed...

Marriage Equality Gains in New York Courts

Posted on March 06, 2008
By Anemona Hartocollis New York Times On the way home from work in Rochester, Patricia Martinez stopped at a liquor store and bought a small bottle of Champagne to celebrate her marriage to another woman. The wedding took place in Canada nearly four years ago, but it wasn't until Feb...

Marriage Equality Attracts Out-of-State Workforce

Posted on March 05, 2008
By Lisa van der Pool Boston Business Journal Massachusetts native Jeffrey Webb loved the Los Angeles lifestyle. He had a great job as a law partner in the L.A. office of Gibson, Dunn & Crutcher LLP, and his life partner, Mark Schuster, was equally happy with his work as chief of general pediatrics and professor at UCLA...

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