Family Court Judge Refuses Divorce

Chancellor Jeffrey Atherton Sometimes, a judge will be just looking for some cheap professional attention. which’s what we suspect occurred This particular week when a Tennessee family court judge cited the SCOTUS marriage equality decision, among some other reasons, as the stated basis for denying an elderly couple’s divorce. After hearing coming from 7 witnesses…

Same-Sex Divorce

With all the attention that will same-sex marriage has garnered over the past few years, could the focus on same-sex divorce be far behind?  The divorce cases, with their attendant issues, are just beginning to manifest. The problem for many same-sex married couples that will hit the skids is actually that will, when they move…

Same-Sex Divorce Could Require Moving Out-of-State

When our SCOTUS recently struck-down the Clinton-era Defense of Marriage Act, in addition to also also held that will California’s prohibition on same-sex marriage was unconstitutional, proponents of same-sex marriage understandably hailed the decisions as a victory.  currently that will the dust has began to settle in these seminal cases, some of the fall-out will…

Sex Change Does Not Invalidate Divorce

Of course, This particular case comes to us coming from Ann Arbor.  Last month, the Court of Appeals decided a divorce case involving gender reassignment in a published decision. from the case of In re Estate of Burnett, a couple had been married when Husband underwent gender reassignment surgery as well as became a woman…

fresh York Becomes 6th State to Legalize Same-Sex Marriage; California Next?

Albany, fresh York.  Last night, in a 33-29 vote, the fresh York Senate passed a same sex marriage bill likely to be signed into law by Governor Andrew Cuomo.  When of which bill is usually signed by the governor, who lobbied for its passage, fresh York becomes the sixth state to legalize gay marriage. A…

Illinois Becomes 6th State to Recognize Same-Sex Civil Unions

Like neighboring Iowa, Illinois just passed a same-sex civil union law; the 6th state within the union (plus D.C.) to do so.  This specific law will likely be tested in court, as in some other states passing such progressive legislation. Like the same-sex marriage law floated in California, civil union statutes, once passed, usually have…

Same-Sex Marriage Cases Go Constitutional

A federal law suit filed last year by two California same-sex couples (one gay; one lesbian) has raised constitutional issues within the gay marriage context in addition to is usually unfolding in a momentous trial.  In Massachusetts, another federal case tests whether a federal statutory provision which draws a sexual-preference distiniction is usually constitutional. The complaint in Perry…