Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s allowance of gay marriage. The second case was of more interest to us here in Massachusetts as it dealt with… Continue Reading
Category Archives: Gay Marriage
Subscribe to Gay Marriage RSS FeedApplying for Social Security Survivor’s Benefits During the DOMA Appeal
Posted in Court Decisions, Gay Marriage, Same Sex MarriageHi there, The Supreme Court announces today whether or not they are going to take up a challenge to the Defense of Marriage Act in a case arising out of Social Security benefits. As promised, here is a different point of view to last week’s post. This one is authored by my partner Lisa Cukier, one… Continue Reading
@SCOTUS
Posted in Gay MarriageTwitter is an amazing way to get as-it-happens news and other information affecting our lives – and divorces. As always, I find that the Twitter account, @SCOTUS, is the best for delivering timely updates to help us truly understand what is going on at the Supreme Court of the United States (also known as “SCOTUS”)…. Continue Reading
Civil Unions Equivalent to Marriage
Posted in Civil Unions, Court Decisions, Gay MarriageHi there, Yesterday the Massachusetts Supreme Judicial Court decided to treat Civil Unions like marriage. My colleague, Robin Lynch Nardone has some thoughts on this. Best, Nancy A civil union may not be the same as a marriage, but in the eyes of the Massachusetts Supreme Judicial Court, it is. The SJC has ruled that… Continue Reading
First Circuit Declares DOMA Unconstitutional
Posted in Gay MarriageHi there, In 2009 I first wrote about the Massachusetts challenge, brought by Martha Coakley, against DOMA. DOMA is the federal Defense of Marriage Act which prevents gay couples legally married in Massachusetts (or in any of the other states which allow gay marriage) from receiving the same treatment as heterosexual married couples. The First… Continue Reading
California’s 9th Circuit Has Ruled…
Posted in Gay MarriageHi there, The federal 9th circuit, which admittedly is one of the most liberal courts in the country, has just ruled California’s ban on same sex marriage is unconstitutional. I think this pretty much gurantees a Supreme Court hearing. In any case, it’s good news! Best, Nancy
Gay marriage in New York
Posted in Gay MarriageHi there, I just wanted to say congratulations New York! Gay marriage is here to stay. When you consider how many kids are being raised by gay couples, I can only be bewildered at the opposition! Best, Nancy
A Fascinating Challenge to DOMA
Posted in Gay MarriageHi there, Coming up this Thursday is the oral argument before the Federal Court in the GLAD challenge to the Federal Defense of Marriage Act. I am someone who is strongly (fervently) in favor of gay marriage. Single sex adoption has been around for a long time and I had thought that the successful challenge for gay marriage… Continue Reading
Sorry to see it…
Posted in Gay MarriageHi there, I was sorry to see that Tuesday the Maine voters rejected single sex marriage. In Massachusetts, however, the Appeals Court in what is known as a "slip opinion" (a slip opinion does not have the dis-positive force of law, but can be utilized as part of a court argument or brief), has extended the time… Continue Reading
Here we go again!
Posted in Gay MarriageHi there, According to the New York Times, the highest court in New York will hear arguments on whether or not New York will honor marriages between gay and lesbian couples that are legal elsewhere. I was taught in law school that the constitution requires states to give "full faith and credit" to the laws… Continue Reading
Another Pretty Shameless Piece Of Self Promotion
Posted in Gay MarriageHi there, I have written a number of posts on gay marriage, but I haven’t posted an in-depth analysis of the issues that should be considered by a gay couple before they walk down the aisle. My colleague, Lisa Cukier interviewed me for an article in Boston Spirit magazine which does provide more detail than… Continue Reading
Lawsuit Against the Federal Defense of Marriage Act
Posted in Gay MarriageHi there, Since we learned yesterday that Massachusetts Attorney General Martha Coakley is filing a law suit against the federal Defense of Marriage Act (DOMA), speculations have been flying about what this means and what will happen. The lawsuit questions the constitutionality of Section 3 of the law, which defines the word "marriage" as "a… Continue Reading
N.H. Closer to Same Sex Marriage Law
Posted in Gay MarriageHi There, Here I am posting on gay marriage yet again. Because I am a divorce lawyer and because I have been married for 44 years, marriage is obviously something I think about regularly, both personally and professionally. There are so many significant legal rights that attach to marriage that I have long believed that same… Continue Reading
Maine Passes Gay Marriage Law
Posted in Alimony, Gay MarriageHi there, It is exciting to see the New England states recognizing the fairness of allowing gay folks to marry. It is a huge step and where people can marry they also inevitably will pay taxes and some of them will later divorce. In these areas much inequity still remains. The Defense of Marriage Act… Continue Reading
More thoughts on VT Gay marriage decision
Posted in Gay MarriageHi there, Since last week I have been thinking about the legal implications of the gay marriage decision in Vermont and found that it raises more questions than I had initially considered. These relate specifically to the impact of marriage on a state which allowed civil unions. This raises the issue of will the civil union… Continue Reading
VT legalizes gay marriage
Posted in Gay MarriageHi there, Great News from Vermont – gay marriage is now legal! I know this can be a political hot button, but ever since I read the Goodridge decision (PDF) which made Massachusetts the first state in the nation to legalize gay marriage, I have been proud to hail from Massachusetts. Vermonters can now feel… Continue Reading