Family Law Prof Blog

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

Saturday, July 20, 2019

Polyamory: The Next Line of Sexual Revolution?

From The World:

The largest professional association of psychologists in the United States is working to normalize polyamory, an inevitable next frontier in the sexual revolution.

News reports released last week revealed that for the past year, the American Psychological Association (APA) has had an active task force dedicated to advocating for individuals practicing what it calls “consensual non-monogamy” (CNM), sometimes referred to as “ethical non-monogamy.” The task force’s website claims polyamorous individuals often face social and medical stigmatization and need more support and inclusion. One study found about 4 percent of U.S. adults fall into this category.

Read more here.

July 20, 2019 in Current Affairs, Marriage (impediments) | Permalink | Comments (0)

Friday, July 19, 2019

Tennessee's Battle over Online Ordination of Wedding Officiants

From Deseret News:

SALT LAKE CITY — In May, Tennessee became the first state in the nation to explicitly outlaw online ordination for wedding officiants.

This month, it became the first state to have such a law put on hold by a judge.

Despite these firsts, the battle is familiar. For centuries, couples, families and community leaders have argued about the right way to get married.

Read more here.

July 19, 2019 in Marriage (impediments) | Permalink | Comments (0)

Wednesday, July 17, 2019

Netherland’s Tax System Punishment of Families

From Mercatornet:

The Netherlands often prides itself on equality and tolerance, yet, written into the Dutch tax code are profound inequalities that place significantly heavier tax burdens on families with a stay-at-home parent.

In the Netherlands, a traditional family with a sole breadwinner and a stay-at-home mom may be required to pay as much as 557 percent more in taxes than a household with the same income where both spouses work—simply because one of the two parents does not earn wages.

Read more here.

July 17, 2019 in International, Marriage (impediments) | Permalink | Comments (0)

Tuesday, July 16, 2019

Forced Marriages of Gay People in the UK

From The Independent:

Gay people are being subjected to forced marriages to spouses of the opposite sex by families in the UK, police have warned amid a national crackdown.

Officers are being stationed at major airports across Britain this week in a bid to prevent victims being taken out of the country and raise awareness of how to seek help.

Read more here.

July 16, 2019 in Child Abuse, Marriage (impediments) | Permalink | Comments (0)

Sunday, June 9, 2019

Potential Impact of Climate Change on the Family

From CNN News:

Climate change is rapidly changing the environment we live in. But how far would you be willing to go to help save the planet?

Would you skip school? Eat pig's feet? Deliberately get arrested? How about forgo having kids?
For 33-year-old British musician Blythe Pepino the latter is a reality. Her fears about climate change are so strong she has decided not to have biological children.
 
Read more here.

June 9, 2019 in Current Affairs, Marriage (impediments) | Permalink | Comments (0)

Tuesday, April 2, 2019

UK Judge Says Men have a "Fundamental Human Right" to Sex with their Wives

From The Guardian:

A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.

The remark was made by Mr Justice Hayden, who had been asked to consider imposing a court order preventing a man from having sex with his wife of 20 years because she may no longer be able to give her consent.

The case had been brought to the court of protection, which considers cases where people lack the mental capacity to make their own decisions, by lawyers for a council’s social services after the condition of the woman, who has learning difficulties, began to deteriorate.

Read more here.

April 2, 2019 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

Sunday, March 3, 2019

Man Sues Judge Who Ruins Wedding Day

From The Pocono Record:

A man who says he was unlawfully detained on his wedding day by a Pennsylvania judge who wrongly suspected he was in the United States illegally filed a federal lawsuit Thursday, alleging violations of his constitutional rights.

Alexander Parker sued Camp Hill-based District Judge Elizabeth S. Beckley, two court entities and an unidentified court officer who, Parker says, told him he was not free to leave.

The federal lawsuit claims Guatemala-born Parker and his fiancee went to Beckley’s court office to get married in May 2017, but Beckley’s suspicions prompted her to call U.S. Immigration and Customs Enforcement.

Read more here.

March 3, 2019 in Adoption, Current Affairs, Marriage (impediments) | Permalink | Comments (0)

Thursday, February 28, 2019

Gay Marriage is a "Parody Marriage" According to Kansas Bill

From USA Today:

A group of state representatives in Kansas introduced legislation Wednesday that seeks to define same-sex marriage as "parody marriage," stop the state from recognizing gay marriage and establish an "elevated marriage" option for straight couples who seek "higher standards of commitment."

One of the two bills introduced contends LGBTQ people are aligned with the secular humanism movement, which it calls a religion. It also calls the gay pride rainbow flag a symbol of a "faith-based worldview."

By doing so, the proposed legislation seeks to define marriage between a man and a woman as "neutral" and same-sex marriage as religious in nature. It then contends the state cannot constitutionally condone a religious practice.

Read more here.

February 28, 2019 in Marriage (impediments), Religion | Permalink | Comments (0)

Sunday, February 24, 2019

Judge Grants US citizenship to Twin Son of Gay Married Couple

From BBC News:

A twin boy born to American and Israeli same-sex parents was wrongly denied US citizenship when his twin brother was not, a US judge has ruled.

The judge in Los Angeles found that the state department was wrong to request biological evidence that the boy was blood-related to his American father.

The US had originally only granted citizenship to his brother after his test showed DNA from the American dad.

Read more here.

February 24, 2019 in Alternative Reproduction, Marriage (impediments) | Permalink | Comments (0)

Tuesday, November 6, 2018

Britain's Supreme Court ruling on Bakery's refusal to bake Gay-marriage cake

 

From The New York Times:

Britain’s Supreme Court supported on Wednesday the right of a Belfast bakery to refuse to bake a cake with a message supporting same-sex marriage, finding that its Christian owners could not be compelled to reproduce a message contrary to their beliefs.

Although the person who requested the cake was gay, a five-judge panel found that the bakery owners’ refusal was based not on his sexual orientation, but on their Protestant faith’s opposition to gay marriage.

“There was no discrimination on grounds of sexual orientation,” said the judgment, which overturned the rulings of two lower courts.

Read more here

November 6, 2018 in Current Affairs, International, Marriage (impediments) | Permalink | Comments (0)

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)