Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, October 17, 2018

Forced to choose between Family and Freedom!

From the Guardian:

United Nations body has taken the “extraordinary” step of calling on Australia to review its domestic laws in a ruling that it had breached multiple international human rights laws.

The ruling coincides with the Australian government being taken to the UN over alleged breaches of international law by indefinitely separating more than 60 members of 14 refugee families on Nauru.

The working group on arbitrary detention, established by the UN Commission on Human Rights in 1991 to report to the Human Rights Council, had examined the case of Edris Cheragi, an Iranian man and Christian convert who sought asylum in Australia.

Read more here

October 17, 2018 in International, Marriage (impediments), Resources - Civil Rights & Family Rights | Permalink | Comments (0)

Saturday, September 29, 2018

Indian Supreme Court takes a stand against Honour crimes

From the Indian Jurist:

The Supreme Court has rendered a landmark judgment in the case of Shakti Vahini v Union of India and others on March 27, 2018 whereby it held that the right of adult individuals to choose their life partners was above class honour and that it was illegal for khap panchayats to summon and punish couples for this. The Apex Court categorically ruled that any attempt by khap panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”. It also ordered that such activities of khap panchayats “are to be stopped in entirety” and called upon Parliament to come up with a suitable legislation. It also laid down “preventive, remedial and punitive” measures.

Read more here

September 29, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Thursday, September 27, 2018

India nullifies Adultery Law

From CNN:

India's top court has abolished a colonial-era law criminalizing extramarital sex, in a landmark ruling campaigners have hailed as a victory for women's rights.

Under the 158-year-old adultery law, known as Section 497, a man could be imprisoned for up to five years for engaging in sexual relations with a married woman without the consent of her husband.
The Supreme Court struck down the law Thursday, ruling it retrograde and discriminatory toward women.
 
Read more here

 

September 27, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Monday, July 16, 2018

States May Scrap Marriage Licenses As Counties Resist Same-Sex Marriage

From ABA Journal:

Alabama resident Gary Wright II was among the gay rights activists who waged a hard-fought campaign for the right to marry in the state.

The 46-year-old Navy veteran was part of a class of plaintiffs who obtained an injunction from Senior U.S. District Judge Callie V.S. Granade in Mobile, who ruled in early 2015 that the state’s refusal to allow same-sex couples to marry violated the constitution. In June of that year, the Supreme Court ruled on Obergefell v. Hodges, which invalidated all state bans on same-sex marriages on constitutional grounds.

But the battle in Alabama didn’t end with that decision. Instead, probate judges in at least seven of the deeply conservative state’s 67 counties are simply refusing to issue marriage licenses to any couples, same-sex or heterosexual. Instead, those judges tell people who want to get married to go to other counties.

Read more here.

July 16, 2018 in Current Affairs, Marriage (impediments) | Permalink | Comments (0)

Saturday, July 14, 2018

The Rise of the Millennial Prenup

From The New York Times:

First comes love, then comes … prenup? If you’re a millennial, maybe.

Prenuptial agreements, commonly known as prenups, are legal documents that outline how engaged couples will divide their assets if they divorce. And, in recent years, more millennials have been requesting them, according to a survey of matrimonial lawyers.

One likely reason: Millennials are marrying later than previous generations, with years to build up assets and debt on their own. “I got married at 23, so we put nothing and nothing together,” said Louis Cannataro, partner and founder of Cannataro Park Avenue Financial, where he has advised dozens of millennial clients on their prenups. “But when someone’s getting married in their 30s, there’s a different approach.”

Read more here.

July 14, 2018 in Current Affairs, Marriage (impediments), Property Division | Permalink | Comments (0)

Monday, June 11, 2018

Supreme Court Rules for Colorado Baker in Same-Sex Wedding Cake Case

From CNN:

The Supreme Court ruled in favor of a Colorado baker who refused to bake a cake to celebrate the marriage of a same sex couple because of a religious objection.

The ruling was 7-2.

The court held that the Colorado Civil Rights Commission showed hostility toward the baker based on his religious beliefs. The ruling is a win for baker Jack Phillips, who cited his beliefs as a Christian, but leaves unsettled broader constitutional questions on religious liberty.

Read more here.

June 11, 2018 in Current Affairs, Marriage (impediments) | Permalink | Comments (0)

Tuesday, June 5, 2018

Five Myths About Marriage

From The Washington Post:

Marriage is one of the oldest social, economic, religious and legal institutions in the world, and there’s no shortage of opinions on what makes it work. But much of the conventional wisdom is not based on evidence, and some is flat-out wrong. After researching thousands of couples for more than 40 years at the Gottman Institute, these are some of the myths we’ve encountered most often.

MYTH NO. 1: Common interests keep you together.

Some dating sites, like Match.com, ask users to list their interests to help attract potential mates, and LoveFlutter matches users solely based on shared hobbies and activities. In a Pew survey, 64 percent of respondents said “having shared interests” is “very important” to their marriages — beating out having a satisfying sexual relationship and agreeing on politics.

Read more here.

 

June 5, 2018 in Marriage (impediments) | Permalink | Comments (0)

Monday, June 4, 2018

Delaware Has Banned Marriage Under 18

From New York Times:

State lawmakers across the country are moving to raise the minimum age to marry, out of growing concern that lax marriage laws may be contributing to sex trafficking and to children being forced to marry against their will.

Delaware became the first state to ban marriage for anyone under age 18 when the governor signed the measure last week. In the other 49 states, current law allows minors to marry, generally with parental consent or judicial approval. At least 20 states have no minimum age set by statute.

But over the past two years, seven states have raised their minimum marriage age to 16 or 17, and at least seven more are considering legislation to tighten their rules.

Read more here.

June 4, 2018 in Marriage (impediments) | Permalink | Comments (0)

Thursday, April 5, 2018

Japan Moves To End Child Marriage

From Human Rights Watch:

In the global push to end child marriage, Japan looks set to join the movement.

A proposed revision of Japan’s Civil Code would set the minimum age of marriage at 18 for both women and men. At present, people must be 20 years old to marry without parental permission; with parental permission, men can marry from 18, and girls can marry as young as 16. If passed, the law, which the government supports, would take effect in 2022.

This step is long overdue. Different marriage ages for women versus men violate Japan’s obligations under international human rights law not to discriminate. Child marriage –  marriage before age 18 – is associated globally with girls dropping out of school, sinking into poverty, being at greater risk of domestic violence, and with serious health risks from pregnancy, including death.

Read more here.

April 5, 2018 in International, Marriage (impediments) | Permalink | Comments (0)

Monday, February 19, 2018

Couples Delaying Marriage

From Fox News:

Newly-engaged couples are increasingly delaying their nuptials because of financial reasons, according to new research.

The study of 5,000 married US adults revealed that couples are increasingly delaying their wedding plans due to the rising costs of getting hitched.

The new survey displayed how marriage proposals have evolved over the past decade, including a surge in the number of couples who now say getting married caused a significant financial burden.

Read more here.

February 19, 2018 in Marriage (impediments) | Permalink | Comments (0)

Wednesday, February 7, 2018

UK: Bill Aims to Modernize Marriage Registration For The First Time Since 1837

From BBC News:

The Home Office said it will support a private member's bill, which aims to modernise marriage registration for the first time since 1837.

If passed, it would allow the names of both parents of the couple to be included on marriage certificates - instead of just those of their fathers.

Home Secretary Amber Rudd says the move will modernise an outdated system.

Read more here.

February 7, 2018 in International, Marriage (impediments) | Permalink | Comments (0)

Monday, August 14, 2017

Marriage Rate Drops in China

From the BBC:

One of the greatest fears of Chinese parents is coming true: China’s young people are turning away from marriage. The trend is also worrying the government.

After a whole decade of increases in the national marriage rate, China witnessed its second year of decline in the number of newly registered unions in 2015, with a 6.3% drop from 2014 and 9.1% from 2013. This was accompanied by a rise in the age of marriage, which has increased by about a year and a half in the first ten years of this century.

Read more here.

August 14, 2017 in Marriage (impediments) | Permalink | Comments (0)

Thursday, July 27, 2017

Time and Marriage

From Refinery29:

Modern couples are rewriting the rulebook when it comes to weddings and marriage. We're spending less on more unique and interesting engagement rings and waiting until later in our lives than previous generations to tie the knot.
 
Not only that, but we're also spending longer in our relationships before getting married. According to a survey of 4,000 recently married
couples by Bridebook.co.uk, the average couple spends 4.9 years in a relationship before getting married, meaning we know our partners better than ever before walking down the aisle.
 

Read more here.

July 27, 2017 in Marriage (impediments) | Permalink | Comments (0)

Sunday, July 9, 2017

Evangelicals Less Opposed to Marriage

From Reuters:

U.S. groups who traditionally have opposed same-sex marriage, including Republicans and white evangelical Christians, have become much less steadfast in their objections, according to a new Pew Research Center poll.

Sixty-two percent of U.S. respondents now approve of same-sex marriage, up from 57 percent when the Supreme Court legalized it in all 50 states two years ago and from 37 percent in 2007, according to the survey, which was released on Monday.

Read more here.

July 9, 2017 in Marriage (impediments) | Permalink | Comments (0)

Thursday, June 29, 2017

Germany to Vote on Same-Sex Marriage

From CNN:

German lawmakers will decide Friday whether to legalize same-sex marriage, according to CNN affiliate NTV. The snap vote comes after Chancellor Angela Merkel said Monday that she would like to see parliament move towards a "vote of conscience" on the issue.

Following Merkel's comments, German politicians writing on Twitter called for a vote to be held as soon as possible. Martin Schulz, leader of the Social Democratic Party (SPD) -- the second largest party in parliament -- called for parliament not to wait until after the federal election in September. "We will push through marriage equality in Germany," he tweeted. "This week."
 
The vote is likely to pass with strong support from other German parties and from some lawmakers within Merkel's CDU. Volker Kauder, leader of the parliamentary group of the ruling CDU faction, called Tuesday for CDU members voting for and against the law to show respect for each other's position, according to NTV. But he also warned that such a sudden vote could lead to a "hasty decision."

Read more here.

June 29, 2017 in Marriage (impediments) | Permalink | Comments (0)

Sunday, May 28, 2017

Support for Gay Marriage at All Time High in U.S.

From Gallup:

WASHINGTON, D.C. -- Sixty-four percent of U.S. adults say same-sex marriages should be recognized by the law as valid. Although not meaningfully different from the 61% last year, this is the highest percentage to date and continues the generally steady rise since Gallup's trend began in 1996.

The latest update, from Gallup's annual Values and Beliefs poll conducted May 3-7, comes nearly two years after the Supreme Court ruled that states could not prohibit same-sex marriage.

Since then, debates about same-sex marriage have faded somewhat from public discourse as LGBT rights advocates have focused on other issues, such as transgender bathroom access. But despite the 2015 ruling from the nation's highest court, legal and legislative attempts to protect or challenge same-sex marriage rights continue to bubble up in some states.

Read more here.

May 28, 2017 in Marriage (impediments) | Permalink | Comments (0)

Tuesday, May 2, 2017

Amended gay marriage bill approved in Nevada Senate

From Las Vegas Journal-Review:

The Nevada Senate on Monday approved a proposed constitutional amendment recognizing same-sex marriage, a preemptive move to protect gay marriage should the U.S. Supreme Court overturn its previous ruling.

Assembly Joint Resolution 2 passed 19-2 after it was amended to include an exemption stipulating religious organizations and clergy could not be forced to solemnize gay marriages.

Republican Sens. Joe Hardy of Boulder City and Don Gustavson of Sparks voted no.

It now goes back to the Assembly to concur with the Senate’s amendment. It was approved earlier in the Assembly 27-14, with Republican Lisa Krasner of Reno in support. The resolution would have to be approved by the Legislature again in 2019 before it is sent to voters for ratification in 2020.

Read more here

May 2, 2017 in Marriage (impediments) | Permalink | Comments (0)

Tuesday, April 18, 2017

Gay marriage proposal to be debated by Kirk Assembly

From BBC:

Gay marriages may soon be able to take place in the Church of Scotland.

A report to be debated at the Kirk's General Assembly in May said ministers should be permitted to perform same-sex ceremonies.

It also said the Kirk should apologise for failing to recognise the Christian vocation of gay people.

The report has been welcomed by the Reverend Scott Rennie, the gay minister whose appointment to an Aberdeen parish in 2008 caused controversy.

It will be presented to the General Assembly by the influential Theological Forum of the Church of Scotland, which challenges and expresses the theology of the life and work of the Kirk.

Read more here.

April 18, 2017 in Marriage (impediments) | Permalink | Comments (1)

Friday, March 24, 2017

Duterte Opposes Gay Marriage in Philippines, Reversing Campaign Pledge

From The New York Times:

The Philippines will not legalize same-sex marriage anytime soon, President Rodrigo Duterte has said, reversing a campaign promise in which he pledged to support legislation to allow gay unions.

Mr. Duterte stressed that the country was Asia’s bastion of Roman Catholicism, which steadfastly opposes same-sex marriage.

He pointed to a recent issue of a Time magazine that tackled gender issues, featuring a transgender woman on its cover.

“That is their culture,” he said, referring to other countries where the American magazine circulates. “That’s for them. That can’t apply to us, because we are Catholics,” Mr. Duterte said in a lengthy speech on Sunday to the small Filipino community in Myanmar, where he arrived as part of a visit to bolster regional ties. He was scheduled to leave for Thailand on Monday.

Read more here

March 24, 2017 in Marriage (impediments) | Permalink | Comments (0)

Saturday, February 11, 2017

Indiana appeals ruling on parental rights for same-sex couples

From The Indianapolis Star:

The state of Indiana is appealing a federal judge's ruling allowing female same-sex spouses to both be listed on their children's birth certificates.

In June, Judge Tanya Walton Pratt ruled state laws unconstitutional for requiring a same-sex spouse to adopt a child in order to gain parental rights. The state only recognized a birth mother, and not her wife, on a child’s birth certificate.

Pratt ordered Indiana to extend the same parental rights to married same-sex couples as it does for married opposite-sex couples, including listing both mothers on a birth certificate.

While the state's appeal of that ruling is pending, same-sex couples will have their parental rights recognized.

Read more here.

February 11, 2017 in Marriage (impediments) | Permalink | Comments (0)