December 8, 2012
Chafin Oral Arguments Transcript
Wednesday's oral arguments in Chafin v. Chafin, a Hague return case before the U.S. Supreme Court, are available here.
New CT Law
December 7, 2012
Supreme Court Will Hear Prop 8 Case
From the Wall Street Journal:
The Supreme Court for the first time entered the debate over gay marriage Friday, announcing it would decide whether a federal law denying benefits to same-sex spouses violates the Constitution.
The high court also said it would accept a case involving California's Proposition 8, a 2008 state measure that barred same-sex marriages in the state.
Read more here.
William Adams, the Texas judge who was suspended last year after a nearly 8-minute video from 2004 of him beating his then 16-year old, disabled daughter with a whip for downloading music off the Internet surfaced on YouTube, has been reinstated to his previous position. Adams was never prosecuted for the crime because too much time (7 years) had passed to bring criminal charges against the judge. His 2013 salary will be cut 1.6% to $144,000 and he “may no longer preside over the physical domestic abuse cases that previously comprised much of his court docket.”
Read more here.
December 6, 2012
From the Washington Times:
The holidays aren’t always warm and fuzzy like a Hallmark card for divorced and separated parents. Phones start ringing off the hook in family law offices all over the country including Fleischer & Associates as families start squabbling over custody and visitation schedules, winter vacations and even gift-giving. Serious fears about non-custodial parent abductions and unsupervised visits can arise.
Believe it or not, most attorneys would rather enjoy the holidays with our own families than rush into court to file emergency legal documents for stressed out clients during the season. Due to the recent court cutbacks, emergency filings are an even greater strain on everyone. This is the time to think ahead, anticipate and solve problems so you can enjoy your holiday season with minimum stress for you and your children.
Read more here.
December 5, 2012
From the Huffington Post:
The Baby Boom generation has had a large effect on demographic trends over the past 50 years. In young adulthood, they pushed up the divorce rate to unprecedented numbers, which raised many questions about the impact of divorce on their children. Now that this generation is mostly over 50 years of age, it is interesting to look at what has been happening with regards to their divorce rate in middle age and consider new questions about the impact of divorce on their well-being and their relationships with their children.
Read more here.
December 4, 2012
Chafin Argued Tomorrow
Chafin v. Chafin, on the mootness of a custody appeal once the child has been removed internationally, is being argued tomorrow at the U.S. Supreme Court. SCOTUSblog has a summary of the case here.
December 2, 2012
Joslin: "Marriage, Biology, and Federal Benefits"
Courtney G. Joslin (University of California, Davis - School of Law) has posted "Marriage, Biology, and Federal Benefits" (forthcoming Iowa Law Review). Here is the abstract:
This Article approaches the topic of same-sex marriage from a novel perspective by scrutinizing the historical accuracy of primary defense proffered by same-sex marriage opponents – “responsible procreation.” In the context of challenges to Section 3 of DOMA, responsible procreation posits that the federal government’s historic purpose in extending marital benefits is to single out and specially support families with biologically-related children. Because same-sex couples cannot fulfill this long-standing purpose, it is permissible to deny them all federal marital rights and obligations. While advocates disagree about whether and to what extent DOMA furthers this alleged federal interest, to date, all sides have accepted this historical account.
This Article is the first to interrogate the accuracy of this account. To do so, the Article examines two of the largest and most important federal benefits programs – Social Security benefits and benefits for active and retired members of the U.S. military. This analysis demonstrates that Congress has not and does not condition the receipt of federal family-based benefits on biological parent-child relationships. To the contrary, Congress long has implicitly and explicitly extended such benefits to families with children known to be biologically unrelated to one or both of their parents. This Article thus reveals that responsible procreation is based on myth, not history and tradition.