Family Law Prof Blog

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

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)

Tuesday, February 7, 2017

Virginia House Passes 'Solemnization of Marriage' Bill

From the Washington Post:

The House of Delegates on Thursday approved a bill aimed at protecting religious organizations that decline to perform same-sex marriages.

The measure passed on a largely party-line vote of 57 to 37, with four Republicans joining all Democrats in voting against it. Some supporters, including the bill’s sponsor, expressed concern about taking a position that has been widely criticized as endangering the rights of LGBT people.

Describing the bill as “something that has weighed a great deal on me,” the sponsor, Del. Nicholas Freitas (R-Culpeper), said he would prefer to “get the government out of the definition of marriage.”

Read more here.

February 7, 2017 in Marriage (impediments), Religion | Permalink | Comments (0)

Sunday, January 29, 2017

Texas Attempts to Revoke Some Gay-Marriage Rights

From Bloomberg:

The Texas Supreme Court has agreed to reconsider a case about whether married gay city employees must be given spousal benefits. That’s a terrible sign. The briefs openly urge the court to resist the U.S. Supreme Court’s landmark gay marriage decision by reading it narrowly to say that gay people have a fundamental right to marry but no right to equal benefits. It’s a legally deceptive argument, which the current justices in Washington would summarily reject. But it’s dangerous all the same, because it shows that Donald Trump’s election is spurring outright resistance to federal law and precedent. And the Texas justices, who are elected, have no excuse for agreeing to reconsider the case.

The case, Pidgeon v. Turner, arose from a lawsuit trying to block the benefits that the city of Houston affords to the same-sex spouses of city employees. The case had no legal chance of success once the U.S. Supreme Court decided Obergefell v. Hodges in 2015. That decision held both that marriage is a fundamental right and that the equal protection guarantee of the U.S. Constitution requires that it be extended equally to gay and straight couples.

The Texas lower courts rejected the attack on the Houston benefits and, in September, the Texas Supreme Court refused to hear the case by a vote of 8-1. Only one justice, John Devine, dissented. The essence of his position was: Marriage is a fundamental right. Spousal benefits are not. Thus, the two issues are distinct.

Read more here.

 

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

Saturday, July 9, 2016

Federal judge blocks Mississippi law protecting gay-marriage bias based on religious beliefs

From the ABA Journal:

A federal judge has blocked a Mississippi law that protects those who discriminate based on a religious belief against gay marriage, premarital sex and transgender recognition.

U.S. District Judge Carlton Reeves of Jackson, Mississippi, issued a preliminary injunction on Thursday that blocks the law, known as HB 1523, report the New York Times, the Washington Post and theClarion-Ledger.

Reeves said the law violates the establishment clause because it has “put its thumb on the scale to favor some religious beliefs over others.” The law also violates the equal protection clause, he said, because it authorizes arbitrary discrimination against lesbian, gay, transgender and unmarried persons.

Read more here.

July 9, 2016 in Marriage (impediments) | Permalink | Comments (0)

Saturday, May 28, 2016

SCOVA Watch: Three Takeaways From the Court’s Recent Ruling on Same-Sex Cohabitation

3 Takeaways on Virginia's Luttrell v. Cucco

From JD Supra Business Advisor:

Last December, I previewed the case of Luttrell v. Cucco, which had, at that time, just been taken up by the Supreme Court of Virginia. The Court recently issued its ruling in the case and you can read the opinion here.

There are a few notable lessons from the Court’s ruling that are useful reminders for other cases.

1.) The Court does not like sweeping rulings. In some of the press coverage following the Court’s opinion, several outlets initially characterized the ruling broadly as one that took the logical next step following Obergefell v. Hodges, in which the Supreme Court of the United States legalized same-sex marriage throughout the country. Even the ACLU, trumpeting their victory, framed the ruling in those terms. The Court’s holding, however, is a narrow one based on the plain language of the statute at issue, Code § 20-109(A), and the opinion never discusses, or even mentions, Obergefell.

Code § 20-109(A) allows a spouse paying support to petition a court to terminate such support if “the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to marriage.” In two sentences at the heart of the opinion, the Court states that Code § 20-109(A), is “gender neutral” and can thus “apply to either same-sex or opposite-sex relationships.” The Court then bolstered this finding by distinguishing prior decisions and examining the legislative history of the enactment. In case there was any doubt, the Court then expressly stated that the definition of marriage in Virginia was irrelevant to its ruling because the controlling words in Code § 20-109(A) were “a relationship analogous to marriage.”

Read more here.

May 28, 2016 in Marriage (impediments) | Permalink | Comments (0)

Wednesday, May 18, 2016

The Ornamental Political Wife

From the National Post:

Gender norms remain a constant for political spouses despite the difference in their daily lives from the average citizen. Canadian Prime Minister, Justin Trudeau, is being criticized because his wife needs the assistance of staffers to help manage the daily needs of their young children. Canadian citizens do not want to pay for additional staffers. Furthermore, some of the Canadian public see Sophie Gregoire Trudeau's role as that of a stay-at-home mother and feel that she should be able to handle her children by herself.

Read more here.

May 18, 2016 in International, Marriage (impediments) | Permalink | Comments (0)