Thursday, February 18, 2010

Recent news and commentary


A New York couple entered a civil union in Vermont in 2003. Janice R. had a child through artificial insemination; her partner, Debra H., provided the child a mother's loving care. Janice R. and Debra H. ended their relationship in 2006. Two years later, when the child was 4 years old, Janice R. abruptly denied parental access to Debra H., who sued for joint custody and restoration of access. A trial court allowed Debra H. visitation as the case proceeded, but Janice R. appealed the court's interim order, and Lambda Legal entered the appeal on behalf of Debra H.. The appellate court reversed the trial court, but Debra H. appealed the appellate ruling to the New York Court of Appeals. Yesterday, "Lambda Legal argued before the New York State Court of Appeals on behalf of a non-biological mother after an intermediate appeals court denied her right to seek custody and visitation with, and provide financial support to the child she has parented with her former same-sex partner." The case is Debra H. v. Janice R, No. 2009-773 (N.Y.) (Lambda Legal press release)


The Fifth Circuit Court of Appeals has ruled that Louisiana must recognize an out-of-state gay adoption. (Adar v. Smith, No. 09-30036) Gideon Alpers discusses the ruling, concluding that the federal DOMA precludes any effect on out-of-state recognition of same-sex marriages. (Gay Couples Law Blog) (It's unclear to me that the ruling would, in fact, implicate this issue, but for section 2 of the federal DOMA.) He links to a press release by Lambda Legal, which represents the gay parents.

Marriage equality - Iowa

"Officials in the state Department of Revenue have been asked to redraft Senate Study Bill 3200 to drop sections that attempted to craft gender-neutral language regarding married couples into the tax code." (Sioux City Journal)

Developments abroad

"Now, in an extraordinary front page article that ran yesterday in Argentina's Pagina/12, the paper takes a look at both the Parliamentary and the judicial paths to marriage equality in Argentina and it begins with quite a bombshell ("The Two Roads to Gay Marriage"). (Blabbeando Blog)

President Obama

Bob Egelk of the SF Chronicle reports that 14 years before becoming President, Obama "endorsed the right of gays and lesbians to marry."

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