LexisNexis® Legal Newsroom
Richmond on the Right of Same-Sex Couples to Marry

In In re Marriage Cases , 43 Cal. 4th 757 (Cal. 2008) , the court held that Cal Fam Code § 300 and Cal Fam Code § 308.5 were unconstitutional insofar as their provisions drew a distinction between opposite-sex couples and same-sex couples and excluded the latter from access to the designation...

Challenge to Prop 8

The constitutional questions in Strauss v. Horton , 2009 Cal. LEXIS 4626 (Cal. May 26, 2009) involve more than just the specific issue of same-sex marriage in California. Another issue is: who is the final authority on an issue of equal protection? In Strauss , the California Supreme Court upheld the...

High Court Hears Arguments on Privacy of Petition Signers

WASHINGTON, D.C. - (Mealey's) Individuals who signed a referendum petition opposing Washington state's "everything but marriage" same-sex domestic partner law have a right to keep their identities private, an attorney representing the signers argued on April 28 before the U.S. Supreme...

Perry v. Schwarzenegger Resurrects Right of Marriage for Same-Sex Couples

By Diana Richmond, Partner, Sideman & Bancroft, L.L.P. “In December 2010, the 9th Circuit Court of Appeals will decide whether same-sex couples can marry in California,” writes Diana Richmond. “The U.S. District Court ruled it unconstitutional to deny same-sex couples the same...

Texas court denies jurisdiction in same-sex divorce case involving couple married in Massachusetts and rejects same-sex marriage/equal protection arguments: In re J.B. (Aug. 31, 2010)

A Texas appellate court recently reversed a trial court's holding that it had jurisdiction over a same-sex divorce case. Specifically, the trial court held that it had jurisdiction "to hear a suit for divorce filed by persons legally married in another jurisdiction (in this case, Massachusetts...

When a Same Sex Partner is a "Parent" Required to Pay Child Support

This Emerging Issues Analysis analyzes (1) whether Family Court has subject matter jurisdiction to adjudicate whether a former same sex partner who has no biological or adoptive ties to a child should be chargeable with paying support and (2) whether this former same sex partner should be ordered to...