Family Law Prof Blog

California Supreme Court Issues Decision on Same-Sex Marriage

"In the present case, it is readily apparent that extending the designation of
marriage to same-sex couples clearly is more consistent with the probable
legislative intent than withholding that designation from both opposite-sex couples
and same-sex couples in favor of some other, uniform designation. In view of the
lengthy history of the use of the term “marriage” to describe the family
relationship here at issue, and the importance that both the supporters of the 1977
amendment to the marriage statutes and the electors who voted in favor of
Proposition 22 unquestionably attached to the designation of marriage, there can
be no doubt that extending the designation of marriage to same-sex couples, rather
than denying it to all couples, is the equal protection remedy that is most
consistent with our state’s general legislative policy and preference." California Supreme Court decision in In Re Marriage Cases Link to decision (last visited 5-15-08 NVS)

Mildred Loving Dies

The New York Times has a lovely story today about Mildred Loving - of Loving v. Virginia fame - who passed away May 2 at age 68. 

Read the story (last visited May 6, 2008) bgf

Double-Proxy Wedding

"The blushless bride wears a hooded sweatshirt of red, offset by a bored expression that says she’s done this dozens of times before. The distracted groom wears a sweatshirt-and-cap ensemble of matching olive, offset by his — not their — infant daughter, now fidgeting toward sleep just outside the cramped room where holy vows are about to be exchanged.

The judge, wearing a white outdoor vest, takes her usual seat and exchanges nice-to-see-you-again pleasantries with the young couple, whom she hasn’t seen since the last time she married them, a week ago.

The three principals get down to the business of solemnizing this marriage. And when they are done, they will have another to solemnize, and another, and another, and another, because this is Montana, the only state to permit that strange and sacred ceremony, the double-proxy wedding, wherein the presence of neither the bride nor the groom is required."

By Dan Barry, N.Y. Times Link to Article (last visited 3-24-08 NVS)

Story of Twins who Married Fuels Legislative Debate & Final Exams

By now you've all had a student bring you the news reports of the twins separated at birth who later married not knowing they were siblings.  (My students were sending me the article in droves because the fact situation formed the basis for one of the essay questions on last semester's final exam -- they couldn't believe my crazy exam story really happened).  The case was brought to public attention in aid of legislative push in Parliament to give adopted children  full access to their birth records during a debate on the Human Fertilisation and Embryology Bill.  Read the Telegraph story on the legislation. (last visited January 14, 2008 bgf)

California Governor Schwarzenegger Vetoes Gay Marriage Bill

Governor Arnold Schwarzenegger vetoed a gay marriage bill Friday, saying voters and the state Supreme Court, not lawmakers, should decide the issue. According to the New York Times, "The Republican governor turned down a measure by Assemblyman Mark Leno that would have defined marriage as a union between two people, not just a man and a woman. Schwarzenegger vetoed a similar bill from Leno, a San Francisco Democrat, in 2005 and has said he would veto all such bills. The California Supreme Court is likely to rule next year on whether the state's voter-approved ban on gay marriage violates the constitution. Schwarzenegger said in his veto message that Californians ''should not be discriminated against based upon their sexual orientation.'' He said he supports state laws that give domestic partners many of the rights and responsibilities of marriage."

Read the NYT Article (last visited October 12, 2007 bgf)

Maryland Court Approves Ban on Same-Sex Marriage

"Plaintiffs vowed to take the fight over gay marriage in Maryland to the Legislature after the state's highest court threw out a suit challenging a law that defines marriage as a union between a man and a woman.

In a 4-3 decision, the Court of Appeals ruled that the state's 1973 ban on gay marriage does not discriminate on the basis of gender and does not deny any fundamental rights guaranteed by the state constitution. The court also found that the state has a legitimate interest in promoting opposite-sex marriage.

''Our opinion should by no means be read to imply that the General Assembly may not grant and recognize for homosexual persons civil unions or the right to marry a person of the same sex,'' Judge Glenn T. Harrell Jr. wrote for the majority."

AP, N.Y. Times Link to Article (last visited 9-19-07 NVS)

Iowa district court declares same-sex marriage ban legislation unconstitutional

Just as many of us are getting to impediments to marriage in our syllabus this semester (and many a candidate is getting to Iowa for votes), a Polk county Iowa district court judge has ruled that Iowa's statute prohibiting same-sex marriage violates due process and equal protection, having no rational relationship to a legitimate government objective.  The 62-page decision on a motion for summary judgment has many advantages as a pedagogical tool for examining the subject of same-sex marriage. First, the court addresses the admissibility of testimony of many experts, demonstrating the underlying empirical assertions that are advanced in the argument.  Second, the trial court format of separately numbered findings of fact and conclusions of law makes it easy to pinpoint specific issues for discussion. 

Alexander Rhoads, of Babich, Goldman, Cashatt & Renzo, P.C., who edits the Iowa Family Law Blog and alerted us to the story notes that "An appeal is expected.  Under Iowa's appellate rules, the defendant, the Polk County Recorder (who issues marriage licenses under Iowa law) has a right of direct appeal to the Iowa Supreme Court, which may retain the case or refer it to Iowa's only other appellate court, the Iowa Court of Appeals."  According to the Chicago Tribune, the county immediately filed a motion for a stay from the trial judge, which is likely to be heard next week.

Varnum v. Brien (August 30, 2007)

Decision available online (last visited August 30, 2007 bgf)

Iran Promotes Temporary Marriages

Iran's Interior Minister, Mostafa Pour-Mohammadi, has started promoting temporary marriage as a solution to the country's social problems. Shia Islam allows a man and woman to marry for a fixed period of time, ranging from an hour to a century. A man can also have any number of temporary marriages - or sigheh, as they are known.

Read the BBC article (last visited August 10, 2007 bgf)

Battle over Benefits for Couples Entering Civil Unions in New Jersey

The New York Times reports that couples who enter into a civil union in New Jersey still face significant hurdles in having their employers recognize their partners for purposes of benefits.

Read the story (last visited August 2, 2007 bgf)

Case Law Development: Ohio Supreme Court rules that domestic violence laws don't conflict with a state ban on gay marriage

Settling an issue that has split the Ohio Supreme Courts (see 2/15/07 Family Law Prof post), the Supreme Court of Ohio has upheld the constitutionality of the state's criminal domestic violence laws as applied to unmarried couples.  In a 6-1 decision, the Ohio Supreme Court ruled that the domestic violence law does not conflict with the state's same-sex marriage ban merely because it protects unmarried cohabitants by extending protection to persons living together 'as a spouse.' Chief Justice Thomas Moyer said in the opinion that lawmakers included many groups under the domestic violence law, not just unwed couples, and that describing people's living arrangements isn't the same as creating a law approximating marriage. Ohio's constitutional amendment goes beyond merely prohibiting same-sex marriage but also prohibits the government from creating any approximations to marriage. 'The state does not create cohabitation; rather it is a person's determination to share some of life's responsibilities with another that creates cohabitation,' Moyer wrote. 'The state does not have a role in creating cohabitation, but it does have a role in creating a marriage.'  In considering what would be legislation that violates the amendment, the court pointed to civil unions: “The second sentence of the amendment prohibits the state and its political subdivisions from circumventing the mandate of the first sentence by recognizing a legal status similar to marriage (for example, a civil union).”

State v. Carswell, ___Ohio St.3d___, 2007-Ohio-372 (July 25, 2007)
Opinion online (Last visited July 27, 2007 bgf)

Plessy v. Ferguson and Same Sex Marriage

"A potentially groundbreaking legal battle over Connecticut’s exclusion of gay people from the state’s marriage law has catapulted the debate over same-sex marriage to a new level.

Appearing last month before the state’s highest court, a lawyer representing eight same-sex couples led a spirited attack on Connecticut’s refusal to grant gay couples the freedom to marry. He also challenged the notion that civil union laws — like those enacted in Connecticut, New Jersey, Vermont, and most recently New Hampshire — are a constitutionally adequate alternative.

The plaintiffs’ argument was laced with references to Plessy v. Ferguson, the U.S. Supreme Court’s notorious 1896 decision which justified racial segregation under a deplorable standard of “separate but equal.” Although startling, the analogy is apt. In establishing civil unions two years ago, Connecticut lawmakers created a separate and inherently inferior institution that continues to deny gay couples the equality they seek and deserve."

N.Y. Times Editorial Link to Article (last visited 6-7-07 NVS)

Rights and Responsibilities of Marriage

"WHEN the poet Elizabeth Barrett Browning wrote, “How do I love thee? Let me count the ways,” little did she know that a century and a half later the list would extend into the thousands — at least for married couples. As of 2005, the Government Accounting Office had identified more than 1,000 legal rights and responsibilities attendant to marriage. The era of big government is clearly not over when it comes to family policy.

These range from the continuation of water rights upon the death of a spouse to the ability to take funeral leave. And that’s just the federal government. States and localities have their own marriage provisions. New York State, for example, grants a spouse the right to inherit a military veteran’s peddler’s license. Hawaii extends to spouses of residents its lower in-state fees for hunting licenses.

No wonder gay and lesbian activists put such a premium on access to marriage rights. Some gay marriage advocates want all spousal rights immediately and will settle for nothing less. Others take an incremental approach, aiming to secure first the most significant domestic partner rights, like employer benefits.

But rather than argue about whether gay or lesbian couples should be allowed to tie the knot, or be granted any marital rights at all, perhaps it is time to do an end run around the culture wars by unbundling the marriage contract into its constituent parts. Then, applying free-market principles, we could allow each citizen to assign the various rights and responsibilities now connected to marriage as he or she sees fit." Dalton conleyl, OpEd Contributor, N.Y. Times Link to Article (last visited 5-20-07 NVS)

Challenge to Connecticut's Marriage Law

"Connecticut's civil unions for same-sex couples are inferior to marriage and violate their rights to equal protection and due process, an attorney for eight gay couples told the state Supreme Court Monday.

The couples want the court to rule that the state's marriage law is unconstitutional because it applies only to heterosexual couples, effectively denying gay couples the financial, social and emotional benefits of marriage.

"What is denied to these families is something that goes to the heart of equal protection, which is the right to be part of the fabric of society when they are just the same as other couples and other families," said their attorney, Bennett Klein.

Connecticut was the first state to allow civil unions without court pressure, but the lawsuit raises questions of whether the 2005 law helped or hurt same-sex couples in their quest for equality.

As several states consider civil union laws, the Connecticut case could have nationwide implications. Both sides said Monday they are aware of its significance."

By Stephanie Reitz, AP, Chron.com Link to Article (last visited 5-14-07 NVS)

New Hampshire Civil Unions?

"New Hampshire’s governor said Thursday that he would sign a bill legalizing civil unions for same-sex couples.

For weeks, the governor, John Lynch, declined to express his views on the civil union bill, which was passed by the House of Representatives and is expected to be passed by the Senate next week. Both chambers are controlled by Democrats for the first time in more than a century.

The measure would make New Hampshire the fourth state to allow civil unions, following the lead of Vermont, Connecticut and New Jersey. California allows domestic partnerships with benefits similar to civil unions. Massachusetts is the only state that allows same-sex marriage." By Pam Belluck, N.Y. Times Link to Article (last visited 4-24-07 NVS)

Bill Would Deny Custody to Husbands Engaged in Polygamy

"A bill aimed at helping women leave polygamist husbands apparently will go no further this legislative session. HB 2325 would have denied husbands child custody if a court found “sufficient evidence” that they engaged in polygamy or child bigamy, an offense that includes married adults taking a child spouse and adults forcing children to enter plural marriages. Rep. David Lujan, D-Phoenix, said Monday that the bill, which won unanimous approval from the House Human Services Committee, won't take the next step and be heard by the Judiciary Committee. He said a second bill to provide funds for shelters helping women who leave polygamous marriages also won't advance.

“It's unfortunate that these aren't moving forward, but I'm going to continue pushing these because I feel they are important,” said Lujan, who also is the staff attorney for the Arizona chapter of Justice for Children, a national child advocacy group." By David Biscobing, Cronkite News Service, mhavedailynews Link to Article (last visited 3-27-07 NVS)

Polygamy in New York

"She worked at the Red Lobster in Times Square and lived with her husband near Yankee Stadium. Yet one night, returning home from her job, Odine D. discovered that African custom, not American law, held sway over her marriage. A strange woman was sitting in the living room, and Ms. D.’s husband, a security guard born in Ghana, introduced her as his other wife. Devastated, Ms. D., a Guinean immigrant who insisted that her last name be withheld, said she protested: “I can’t live with the woman in my house — we have only two bedrooms.” Her husband cited Islamic precepts allowing a man to have up to four wives, and told her to get used to it. And she tried to obey.

Polygamy in America, outlawed in every state but rarely prosecuted, has long been associated with Mormon splinter groups out West, not immigrants in New York. But a fatal fire in a row house in the Bronx on March 7 revealed its presence here, in a world very different from the suburban Utah setting of “Big Love,” the HBO series about polygamists next door. The city’s mourning for the dead — a woman and nine children in two families from Mali — has been followed by a hushed double take at the domestic arrangements described by relatives: Moussa Magassa, the Mali-born American citizen who owned the house and was the father of five children who perished, had two wives in the home, on different floors. Both survived.

No one knows how prevalent polygamy is in New York. Those who practice it have cause to keep it secret: under immigration law, polygamy is grounds for exclusion from the United States." By Nina Bernstein, N.Y. Times Link to Article (last visited 3-27-07 NVS)

New Strategies for Gay Rights?

"Aronda Kirby and Digit Murphy were once married to men, received the tax breaks for married couples and were legally permitted to take family leave if their husbands or children got sick. Both women lost those protections when they came out as lesbians, divorced their husbands and set up a new household together with their six children.

Now, with couples like Murphy and Kirby in mind, some gay rights advocates who previously fought for ''marriage or nothing'' are shifting strategies. Rather than fighting to legalize marriage for same-sex couples, they're lobbying for the protections marriage provides.

Those who follow the movement say bills taking that approach that were introduced this year in Rhode Island and Washington state could signal a broader change in tactics, although some gay marriage advocates fear it could undercut more than a decade of work." AP, N.Y. Times Link to Article (last visited 3-19-07 NVS)

N.Y. Recognition of Marriages

"Lambda Legal announces today that the Supreme Court of New York, Westchester County has held that County Executive Spano is adhering to New York law in respecting out-of-state marriages of same-sex couples living in Westchester County.

“Today’s decision follows a long history of settled law in New York, namely that our state respects marriages that are validly entered into in other jurisdictions,” said Alphonso David, Staff Attorney at Lambda Legal and lead attorney on this case. “Our clients can now have peace of mind that their marriage is respected in Westchester, consistent with New York law.”" By Lambda Legal Link to Article (last visited 3-13-07 NVS)

Age Divides Opinions on Gay Marriage

The growing acceptance of same-sex marriage in California reflects generational differences more than changes in individual attitudes, according to a study released Thursday. Two political scientists who analyzed two decades worth of Field Polls on the subject found that age was the strongest factor influencing whether someone opposed gay unions, with people born in the 1970s and '80s more than twice as likely to support them as those born before 1940. ''Californians born in each decade tend to be more accepting of gay relationships and more willing to grant them legal recognition than those born the decade before,'' said the study's authors, Gregory Lewis of Georgia State University and Charles Gossett of California State Polytechnic University, Pomona.

Read the rest of the New York Times story

Proposed Legislation in Nigeria Severely Curtails Rights

"Homosexual acts between consenting adults are already illegal in Nigeria under a penal code that dates to the colonial period. This new legislation would impose five-year sentences on same-sex couples who have wedding ceremonies — as well as on those who perform such services and on all who attend. The bill’s vague and dangerous prohibition on any public or private show of a “same sex amorous relationship” — which could be construed to cover having dinner with someone of the same sex — would open any known or suspected gay man or lesbian to the threat of arrest at almost any time.

The bill also criminalizes all political organizing on behalf of gay rights. And in a country with a dauntingly high rate of H.I.V. and AIDS, the ban on holding any meetings related to gay rights could make it impossible for medical workers to counsel homosexuals on safe sex practices." N.Y.Times Editorial Link to Editorial (last visited 3-8-07 NVS)

Hawaii Legislature Sidlines Civil Union Legislation

The New York Times reports that Hawaii lawmakers effectively killed a proposal to create civil unions for gay couples by declining to vote on the legislation. More than 100 people packed the House Judiciary Committee hearing Tuesday, many waving pink signs reading, ''Civil Unions. Equal protection, justice for all.'' At least 400 people submitted extensive written or oral testimony. After five hours of testimony, though, the committee declined to vote. Representatives offered little explanation to the public, but it was a sign that the bill lacked enough support to become law.

Read the New York Times article (last visited February 28, 2007 bgf)

New Jersey Civil Unions

"About a dozen couples visited clerks’ offices in New Jersey on Monday, the first day on which people were allowed to submit applications for civil unions, which guarantee all the rights and benefits of heterosexual marriage. New Jersey is the third state to offer civil unions, following Vermont, which introduced them to rapt national attention in 2000, and Connecticut, which quietly followed suit in 2005.

Massachusetts is the only state in which same-sex couples can marry. California has a domestic partnership law that guarantees many of the rights of marriage.

A handful of couples in New Jersey were so eager to take advantage of the new law that they waited outside clerks’ offices until 12:01 on Monday, when the first civil unions could be processed. Among that group, some said the experience was bittersweet; activists had held out hope that New Jersey would follow Massachusetts as the second state to grant same-sex couples the right to marry." By Ellen Barry, N.Y. Times Link to Article (last visited 2-20-07 NVS)

Pakistan May Outlaw Forced Marriage

"Pakistan's ruling party introduced a bill on Tuesday aimed at outlawing the forced marriage of women and practices preventing them from inheriting property. President Pervez Musharraf has vowed to empower women as part of his vision of ``enlightened moderation'' for the predominantly Muslim country of 160 million people where women, particularly in poor, rural areas, face widespread discrimination and violence.

The Prevention of Anti-Women Practices Bill introduced in parliament on Tuesday is expected to be referred to a committee that will finalize a draft to be debated and voted upon later in the year. ``The credit for this goes to President Musharraf who is endeavouring to give due status to women in society,'' the head of the ruling Pakistan Muslim League, Chaudhry Shujaat Hussain, told the lower house National Assembly.

The bill seeks to end practices such as vani, a centuries-old tradition of marrying women off to settle disputes between families, and the practice of marrying women to the Koran, which deprives them of a share of family property, he said." Reuters, N.Y. Times Link to Article (last visited 2-20-07 NVS)

Case Law Development: Marriage Amendment Precludes Extension of Public Employee Benefits to Same Sex Partners

The Michigan Court of Appeals this past week held that the state's marriage amendment did not permit public employers, such as public universities and governmental entities, to extend benefits such as healthcare insurance to same-sex domestic partners.

The court qualified its decision by pointing out that it was not ruling on "the lifestyle or personal living decisions of individual citizens" nor could it consider "the effect of the amendment on employee recruitment, retention and morale, and marketplace competitiveness."   Rather, the court noted that it was simply engaged in interpreting the language of the amendment, which, it observed was a matter of first impression given the amendments "relatively unique phraseology" relating to "similar unions."

In reversing the trial court, the Court of Appeals concluded that:

By officially recognizing a same-sex union through the vehicle of a domestic partnership
agreement, public employers give same-sex domestic couples similar status to that of married couples. Contrary to plaintiffs’ argument, a publicly recognized domestic partnership need not mirror a marriage in every respect in order to run afoul of article 1, section 25, as the amendment plainly precludes recognition of a “similar union for any purpose.”

National Pride at Work, Inc v Governor,  (February 1, 2007)
(Last visited February 7, 2007 bgf)

Thanks to Jeanne Hannah for flagging the case.  See her discussion of the case at the Updates on Michigan Family Law Blog.

Read the Washington Post article on the case

Initiative to Require Couples to Have Children

"Proponents of same-sex marriage have introduced a ballot measure that would require heterosexual couples to have a child within three years or have their marriages annulled.

The Washington Defense of Marriage Alliance acknowledged on its Web site that the initiative was ''absurd'' but hoped the idea prompts ''discussion about the many misguided assumptions'' underlying a state Supreme Court ruling that upheld a ban on same-sex marriage. The measure would require couples to prove they can have children to get a marriage license. Couples who do not have children within three years could have their marriages annulled. All other marriages would be defined as ''unrecognized,'' making those couples ineligible for marriage benefits.

The paperwork for the measure was submitted last month. Supporters must gather at least 224,800 signatures by July 6 to put it on the November ballot." A.P., N.Y. Times Link to Article (last visited 2-7-07 NVS)

Connecticut and Same-sex Marriage

"Gay rights advocates in Connecticut said on Wednesday they would introduce legislation that aims to make the state the second in the United States to legalize same-sex marriage, but they face tough opposition. Democratic state Sen. Andrew McDonald and Rep. Michael Lawlor said they would file the bill before a February 14 deadline for new legislation. ``We'll treat same-sex couples exactly the same way we'll treat opposite-sex couples,'' said Lawlor, also a Democrat.

Neighboring Massachusetts is the only U.S. state where gay marriage is legal. Vermont, New Jersey and Connecticut recognize same-sex civil unions, giving gay and lesbian couples largely the same rights as married couples -- from insurance coverage to tax benefits and hospital visiting rights.But civil unions lack federal benefits. Couples cannot file joint federal tax returns or share pensions." Reuters, N.Y. Times Link to Article (last visited 2-4-07 NVS)

Separation Agreement Enforced

"THE news earlier this month about how a New York court treated the dissolution of a gay relationship demonstrates how far gays have come in the struggle for marriage equality and how far we have yet to go. The court held that a separation agreement between two men was binding even though they were not married. This is an advance over earlier cases in which such agreements were sometimes deemed unenforceable. At the same time, it falls far short of marriage. The case sounds like a contracts question on the New York Bar Exam. . ." By Kenji Yoshino, N.Y. Times Link to Article (last visited 1-29-07 NVS)

Child Brides in Ethiopia

"In the northern highlands of Ethiopia, there's a saying: The world is producing more children, but the land is not expanding. That's leading to a collision between the old world and a new one that is challenging age-old social customs about marriage and the rights of women and children.

The government is backing a series of new family-planning policies, including a ban on the practice of marrying girls while they're still children. In the village of Yinsa, Ethiopia, some women are indifferent to the change. Others are welcoming it." By Brenda Wilson, National Public Radio Link to Listen

Afghan Bill Aimed at Forced Marriage

"Seeking to escape cultural oppression and economic hardship, an alarming number of Afghan women are taking their own lives. The trend has prompted a bill aimed at ending such practices as forced marriages." By Soraya Sarhaddi Nelson, National Public Radio Link to Audio (last visited 1-10-07 NVS)

Questions to Ask Before Marriage

"Relationship experts report that too many couples fail to ask each other critical questions before marrying. Here are a few key ones that couples should consider asking. . . " N.Y. Times Link to Questions (last visited 12-18-06 NVS)

New Jersey Legislature Approves Civil Unions

The New Jersey Legislature voted this evening to allow civil unions between same-sex couples.  According to the New York Times article, Gov. Jon S. Corzine, who has supported civil unions, he would give the measure careful review but added, “I think we’re doing the right thing.” The Assembly approved the bill in a 56-to-19 vote; the Senate vote was 23-to-12. New Jersey would be the third state, after Vermont and Connecticut, to establish civil unions for gay and lesbian couples. Same-sex marriages are allowed only in Massachusetts, which has a residency requirement, although many gays and lesbians have married in Canada.

The legislation comes after the New Jersey Supreme Court decision of seven weeks ago (See October 26 Family Law Prof Blog posting) which required that the gay couples be given access to the same rights and benefits as married couples.

bgf

Parliment Declines to Revisit Same-Sex Marriage

"Parliament voted down a motion by the government of Prime Minister Stephen Harper to revisit the 2005 law that allows same-sex marriages."  By Christopher Mason, N.Y. Times Link to Article (last visited 12-11-06 NVS)

Indian Tribe Consents to Lesbian "Marriage"

"An Indian tribe has given its consent to a lesbian 'marriage' in the eastern Indian state of Orissa. A priest belonging to the Kandha tribe led the ceremony between Wetka Polang, 30, and Melka Nilsa, 22, in Koraput district recently. Both the women are day labourers and now live together in Dandabadi village. Same-sex relationships are outlawed in India. The 145-year-old colonial Indian Penal Code clearly describes a same sex relationship as an "unnatural offence". Sociologists say that a community blessing a same-sex 'marriage' is unheard of in India." by Sanjaya Jena, BBC News Link to Article (last visited 12-7-06 NVS)

Interview With Child Bride

"In some parts of the world children can find themselves married before they've even become teenagers. As part of the BBC's Generation Next series, one such bride - Nigerian Sa'adiyya Shu'aibu Dambatta, who is now happily married to someone else - talks about her first marriage. "I was married off when I was just 12 years old - and very immature. No-one has asked me whether I liked the man or not. When it was time for the marriage, I just heard that I had been married to him. I was then taken to his house, but I did not stay. I suffered a lot. I would run away from the house at one o'clock or two o'clock in the night, and go to my parents." BBC News, Link to Article (last visited 12-71-6)

N. J. Proposal To Grant Rights But Not Title of Marriage

"Conservative groups in New Jersey are pushing a proposal that would grant the rights of marriage -- but not the title -- to gays, siblings and others involved in domestic partnerships. The plan comes in reaction to a landmark Supreme Court ruling last month that said gay couples in New Jersey should have access to the same rights and benefits as married couples. Whether to call those rights marriages, civil unions or something else was left up to lawmakers. Under the conservatives' plan, rights would be available to gay couples, relatives and other twosomes who are not eligible to marry, said Len Deo, president of the New Jersey Family Policy Council. Unrelated opposite-sex couples, who can legally marry, would not be eligible for the designation." Associated Press, N.Y. Times Link to Article (last visited 11-19-06 NVS)

Maryland Webcast of Gay Marriage Arguments

"Maryland's highest court is launching a project for live Webcasting of its sessions, hoping to be ready in time to broadcast arguments set for Dec. 4 in a high-profile case involving gay marriage. The first Webcast is tentatively scheduled for Thursday, giving the court a little time to solve problems that might develop before the gay marriage case is argued next week. The state is asking the high court to overturn a circuit court ruling that the Maryland law defining marriage as between one man and one woman is unconstitutional. ''It's all part of this outreach thing,'' Chief Judge Robert M. Bell of the Court of Appeals told The (Baltimore) Sun. ''Other courts have done it. I don't see why we shouldn't do it.''" Associated Press, N.Y. Times Link to Article (last visited 11-29-06 NVS)

Gov. Romney Sues Legislature Over Same-sex Marriage

"Gov. Mitt Romney filed a lawsuit Friday asking the state’s highest court to order the legislature to vote on a constitutional amendment banning same-sex marriage or to place it on the 2008 ballot if lawmakers do not take up the provision. The legislature voted 109 to 87 on Nov. 9 to recess a constitutional convention before the measure was taken up, which appeared to kill it. The convention was recessed until Jan. 2, the last day of the legislative session. More than 170,000 people have signed a petition asking the legislature to amend the state’s Constitution to prohibit same-sex marriage. Massachusetts is the only state that permits it.

Mr. Romney, a Republican who did not seek re-election but is considering running for president, announced plans to file the lawsuit at a rally of same-sex marriage opponents on Sunday. The next day he sent a letter to the 109 lawmakers who had voted to recess, saying they were “frustrating the democratic process and subverting the plain meaning of the Constitution” by refusing to vote. The lawsuit, filed by Mr. Romney, acting as a private citizen, and 10 other opponents of same-sex marriage, said the legislature had a “legal duty to act” on citizen petitions but had relied on procedural devices to “avoid a vote and evade its constitutional duties.” The legislature recessed before voting on the measure two other times this session."By Katie Zezima, N.Y. Times Link to Article (last visted 11-27-06 NVS)

South African Parliament Proposes Same-sex Marriage

"Parliament on Tuesday voted resoundingly to legalize same-sex marriages in South Africa, making the nation the first in Africa and the fifth in the world to remove legal barriers to them, according to advocates. The nation’s highest court ruled last December that South Africa’s marriage statute violated the Constitution’s guarantee of equal rights. The court gave the government a year to alter the legal definition of marriage. That left the government with three choices: legalize same-sex marriages, let the court change the law by fiat or alter the Constitution, which prohibits discrimination on the basis of sexual orientation.

Under the proposal approved by Parliament, heterosexual and same-sex couples could register marriages or civil partnerships. In a concession to critics, the law also would allow civil officers to refuse to marry same-sex couples if such marriages conflicted with their conscience."By Sharon LaFraniere, N.Y. Times Link to Article (last visited 11-20-06 NVS)

Mexico City Recognizes Civil Unions

"Mexico's ruling conservative party is considering filing a legal challenge to Mexico City's new law recognizing gay civil unions, saying it violates a clause in the country's constitution protecting the family, legislators said Friday.The law was published in the city's official gazette on Thursday, making it the first such law in the history of the conservative, predominantly Roman Catholic country. It will take effect 120 days from that date. City assemblyman Miguel Angel Errasti said his National Action Party -- the party of President Vicente Fox and President-elect Felipe Calderon -- is determining whether the new law can be challenged on constitutional grounds." Associated Press, N.Y.Times Link to Article (last visited 11-20-06 NVS)

N. J. Poll on Same-Sex Marriage

"Only a quarter of voters in the U.S. state of New Jersey are in favor of allowing same-sex relationships to be called marriage although half favor equal rights for such unions, a poll showed on Monday. The poll, published in the Star-Ledger newspaper, follows a New Jersey Supreme Court ruling last month that same-sex couples are entitled to the same rights as heterosexual couples, but that state lawmakers should decide within six months whether those relationships could be called marriage." By Jon Hurdle, Reuters, Yahoo News Link to Article (last visited 11-6-06 NVS)

"Marriage" and Money After New JerseyDecision

"The New Jersey Supreme Court granted gay couples the same rights as married couples this week, leaving it to the State Legislature whether to call their partnerships marriages or civil unions. But for Cynthia and Lucy Vandenberg, the landmark ruling is also about another M-word: money.

The Vandenbergs, who have been partners for 12 years, have been forced to open their checkbooks repeatedly over the years to pay thousands of dollars in taxes on health benefits and for legal transactions that married couples rarely face. There was the $1,500 to change their surnames, for instance, the $1,400 or so in taxes they paid annually for additional health benefits, and the $1,000 they spent so one could adopt the biological child of the other. “For all of this, you need to hire an attorney, or you find out the hard way,” said Lucy Vandenberg, 37, the director of the state’s Council on Affordable Housing.

Now they wonder how the court’s decision will affect their next child, a son Lucy is carrying. Will Cynthia Vandenberg have to pay to adopt him?" By Tina Kelley, N.Y. Times Link to Article (last visited 11-2-06 NVS)

Impact of Supreme Court Decision on Interracial Marriage in Same-Sex Marriage Debate

The New York Times provides an interesting article on the use  of the interracial marriage cases in arguing about same-sex marriage. "...people on both sides of the same-sex marriage issue say there are important lessons from the earlier debate over laws banning interracial marriages, about the reasoning in the Perez decision and about how, over two decades, that decision came to be accepted in the courts, in state legislatures and in the popular culture. Unsurprisingly, they differ about what those lessons are."

Read the article, "Gay Marriage Through a Black White Prism" by Adam Liptak (last visited October 30, 2006 bgf)

Chief Justice of Georgia Supreme Court Argues For Strengthening Marriage

Readers may be interested in an article by the Chief Justice of the Supreme Court of Georgia in the Washington Post today on The Case for Strengthening Marriage

Justice Leah Ward Sears comments:

I am not a law professor. But from where I sit as chief justice of the Supreme Court of Georgia, a family law that fails to encourage marriage ignores the fact that marriage has long been associated with an impressively broad array of positive outcomes for children and adults alike. Experts who contend that we need to move "beyond marriage" say they are only responding to the facts. But here is one major fact: High rates of family fragmentation hurt children.

Read the entire article (last visited October 30, 2006 bgf)

Federal Judge's Nomination Stalled Due to Her Attendance at a Civil Commitment Ceremony

A Michigan judge whose nomination to the federal bench is stalled over her appearance at a lesbian commitment ceremony says she attended as a friend, not to give legal sanction.  The nomination of Michigan Court of Appeals Judge Janet T. Neff to be a U.S. District Court judge is on hold because Sen. Sam Brownback, R-Kan., is not satisfied with her response to questions about her views on same-sex marriage, a spokesman for the senator said Thursday.  Neff's status has been in limbo since last month, when Brownback placed his procedural hold -- using a technique that allows a lone senator to stall a nomination. Brownback wanted to know whether there was anything illegal or improper about the 2002 ceremony in Massachusetts and how Neff's actions might shape her judicial philosophy.

Read the New York Times article (last visited October 28, 2006 bgf)

New Jersey Rules on Same-Sex "Marriage"

"New Jersey's highest court on Wednesday guaranteed gay couples the same rights as married heterosexuals, but left it up to state lawmakers to decide if such unions can be called marriage. "Times and attitudes have changed," the New Jersey Supreme Court said in a nuanced 90-page ruling certain to fuel America's culture wars ahead of November 7 elections, when eight states will vote on same-sex marriage laws. Advocates on both sides declared varying degrees of victory and disappointment on the latest twist in a battle that has divided the country over issues of gay culture and morality." Jon Hurdle, Reuters Link to Article (last visited 10-15-06 NVS)

Read the decision: Link to Decision (last visted 19-25-06 NVS)

For a chronology of same-sex marriage developments: Link to Chronology (last visited 10-25-06 NVS)

Prisoners Fall in Love Through Peephole

"Two prisoners in an Ivory Coast jail who courted and fell in love through a peephole in an iron door have been released for a few hours to get married, one of their jailers said Friday. Roland Guy Bouabre, serving a 3-year sentence for stealing a bicycle, courted Emilie Yobouet, who was given a one-year sentence for kidnapping a child, while he was delivering groceries for her to cook. He would take the groceries to the iron door and then a guard would deliver them. "You can find love in all kinds of places -- even prison," Daloa prison guard Norbert Bah told Reuters by telephone." Reuters, Yahoo News Link to Article (last visited 10-23-06 NVS)

Law Regulating Overseas Brides Slowing Process of International Marriages

The New York Times reports on the International Marriage Broker Regulation Act.  Imbra is intended to give foreign women and the American government more information about the men who seek so-called mail-order brides. According to the Times, "Reports of violence in international marriages, some of them Internet matches, have increased in recent years. In 1998, fewer than 2,500 foreign women applied to become permanent residents under the Violence Against Women Act, which allows abused wives to apply for residence without the support of their husbands. In the fiscal year that ended in September, 9,500 applied.  The new law has angered many men, who argue that there is no definitive evidence that violence is more likely to take place in an international marriage arranged over the Internet than in a domestic one. Unwilling or unable to find a spouse in the United States, some worry that the law could make it more difficult to find a wife abroad."

Read the entire article (last visited October 18, 2006 bgf)