24 Aug 2009 Legal Developments in LGBT Issues
Updates are indexed first, then described in more detail below, with relevant links for full articles. Provided courtesty of Professor Courtney Joslin.
(1) [FED] General information on Same-Sex Relationships
(2) [DC & DE] 2 Jurisdictions (DC and DE) Adopt LGBT Inclusive Parentage Laws
(3) [NC] N.C. Court Declines to Set Aside Second Parent Adoption
(4) [FED] Obama Administration Files Brief Defending DOMA
(5) [CA] "Equality California Recommends Returning to Ballot in 2012 to Win Marriage Back for Same-Sex Couples"
(6) [FL] ACLU Settles GSA Case Against Florida School District
(7) [CA] Posts about various wranglings in the Perry case (pending federal court challenge to Prop 8)
(8) [FED] Inclusive ENDA Introduced in U.S. Senate for First Time
(9) [FED] ABA Adopts Policy Recommendation Urging Repeal of Section 3 of DOMA
(10) [FED] Census agrees to track married gay couples
(11) [ME] "Watson-Spado Adoption Validated by Maine High Court, Reviving Former Lesbian Partner’s Claim on a Share of the IBM Fortune"
(12) [NY] NY Dist. Ct. Denies Medicaid Coverage for SRS
(13) [NY] "New York Court Says It Has Jurisdiction to Dissolve a Vermont Civil Union"
(14) [MA] Massachusetts Files Lawsuit Challenging Section 3 of DOMA
(15) [DC] D.C. Law Recognizing Out of State Marriages Between Same-Sex Couples Goes Into Effect
(16) [MO] "Missouri Appeals Court Rejects Lesbian Co-Parent Custody and Child Support Claims"
(17) [IN] "Indiana Appeals Court Rules for Lesbian Mom on Grandparent Visitation Claim"
(18) [FED] Obama Signs Memorandum Regarding Employment Benefits of Lesbian and Gay Federal Employees
(19) [GA] "Ga. Supreme Court overturns ban on kids seeing father's gay friends"
(20) [NY] "Legal Formalists Triumph in Appellate Division Defeat for Lesbian Mother's Child Support Claim"
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(1) General information on Same-Sex Relationships
Here are links to three useful columns by Profs. Joanna Grossman (Hofstra) and Ed Stein (Cardozo) summarizing developments related to "The State of the Same-Sex Union":
Part I:
http://writ.news.findlaw.com/grossman/20090707.html
Part II:
http://writ.news.findlaw.com/grossman/20090721.html
Part III:
http://writ.news.findlaw.com/grossman/20090804.html
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(2) 2 Jurisdictions (DC and DE) Adopt LGBT Inclusive Parentage Laws
Click here to read Nancy Polikoff’s blog posts about the DE law:
http://beyondstraightandgaymarriage.blogspot.com/2009/08/more-thoughts-on-delaware-de-facto.html
and here:
http://beyondstraightandgaymarriage.blogspot.com/2009/08/delaware-legislature-gets-it-right-on.html
Click here to read her post about the DC statute (which Nancy helped to draft):
http://beyondstraightandgaymarriage.blogspot.com/2009/07/landmark-dc-law-grants-parental-status.html
And here:
http://beyondstraightandgaymarriage.blogspot.com/2009/07/why-our-new-dc-parentage-law-matters.html
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8/18/09
(3) N.C. Court Declines to Set Aside Second Parent Adoption
From the AP:
"A North Carolina appeals court has upheld an adoption that the estranged partner of the first openly gay member of the General Assembly sought to void.
A three-judge Court of Appeals panel ruled Tuesday that state Sen. Julia Boseman's parental rights could not be voided by her former partner Melissa Jarrell. Jarrell gave birth to the couple's son, whom Boseman later adopted. …"
Click here to read the rest of the article:
http://wake.mync.com/site/Wake/news/story/40357/nc-court-preserves-adoption-by-lesbian-legislator/
Click here to read Nancy Polikoff’s blog post about the decision:
http://beyondstraightandgaymarriage.blogspot.com/2009/08/north-carolina-upholds-second-parent.html
Case citation: Boseman v. Jarrell, available here:
http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/080957-1.pdf
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8/17/09
(4) Obama Administration Files Brief Defending DOMA
To read the Govt’s brief, see:
http://hunterforjustice.typepad.com/files/smelt-reply-dismiss.pdf