Friday, March 19, 2010

Recent news and commentary

Perry v. Schwarzenneger

Dan Levine of The Recorder reports on Judge Walker's display of impatience as, earlier this week, plaintiffs' attorney Steve Bomse asked Judge Walker to overrule a discovery order by Magistrate Judge Joseph Spero. (Cal Law Legal Pad) The latest discovery dispute may delay Walker's final judgment in the case, as Walker appears likely to uphold the order, and the plaintiffs may appeal.


In his brief, Texas Attorney General Greg Abbott told the state's 5th Court of Appeals that it didn't need to hear oral argument on whether a same-sex couple may divorce. () But the Court has scheduled argument on April 21st, prompting this comment by Ken Upton, a senior staff attorney at Lambda Legal: "If I were the panel, I would want arguments, because if they follow the law, as opposed to following the political pressure, it’s a winning argument. If I were the appellate court, I’d feel in a bind maybe, because the law really is supportive of the people trying to get a divorce, and they’re faced with big, hot-button issues." J.B.'s attorney, Pete Schulte, believes that the Court can decide the question without considering whether the state's constitutional ban on same-sex marriage would violate due process and equal protection under the 14th Amendment. (Dallas Voice, cross-posted by Gay Marriage Watch)

Dissolution of civil union in New York

Law professor Arthur Leonard discusses a case in which a New York appellate court ruled that the trial court has jurisdiction to consider a petition to dissolve a Vermont civil union. (Leonard Link)

Related news - the preference for marriage; parenting

"More than a quarter (26%) of LGBT partners have gotten married, even though only five states grant marriage licenses to same-sex couples. Many (63%) say they would marry if there was a federal law allowing gay marriage." (Market Watch, cross-posted by Gay Marriage Watch)

"We recently undertook a systematic review of the scientific research — 81 studies spanning the past 20 years — to see what it actually says about how parents’ gender affects child-rearing outcomes. We found no evidence to support the claim that children need both a mother and a father." (Sociology professors Timothy Biblarz and Judith Stacey, USC Politics and Society, cross-posted by Straight Talk on Marriage, "Their article 'How Does the Gender of Parents Matter?' appeared in the February issue of the Journal of Marriage and Family.)

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