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) [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
To read Art Leonard’s blog post about the filing, see:
http://newyorklawschool.typepad.com/leonardlink/2009/08/the-governments-new-doma-brief.html
To read Nan Hunter’s blog post about the filing, see:
http://newyorklawschool.typepad.com/leonardlink/2009/08/the-governments-new-doma-brief.html
To read Nancy Polikoff’s blog post about the filing, see:
http://beyondstraightandgaymarriage.blogspot.com/2009/08/obama-administration-thinks-we-make.html
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8/12/09
(5) “Equality California Recommends Returning to Ballot in 2012 to Win Marriage Back for Same-Sex Couples”
From EQCA’s Press Release:
“LOS ANGELES — Today Equality California (EQCA) released “Winning Back Marriage Equality in California: Analysis and Plan<http://www.eqca.org/plan>,” a proposed 3-year-effort to repeal the ban on marriage for same-sex couples in 2012 with coordinated statewide organizing both on the ground and online, opportunities for families headed by same-sex couples to share their stories through advertising and other platforms, a timeline for a victory and an opportunity for both grassroots leaders and larger organizations to work together. …
Click here to read the rest of the press release:
http://www.eqca.org/site/apps/nlnet/content2.aspx?c=kuLRJ9MRKrH&b=4869041&ct=7301653
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8/10/09
(6) ACLU Settles GSA Case Against Florida School District
From News4Jax.com”
“NASSAU COUNTY, Fla. — The ACLU and the Nassau County School Board have reached a partial settlement over whether to allow Yulee High School’s Gay-Straight Alliance to meet on campus. Earlier this year, the ACLU filed the lawsuit on behalf of a student who was denied a request to form the GSA at Yulee Middle School and Yulee High School the following year. …”
Click here to read the rest of the article:
http://www.news4jax.com/news/20347583/detail.html
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(7) Posts about various wranglings in the Perry case (pending federal court challenge to Prop
http://hunterforjustice.typepad.com/hunter_of_justice/2009/08/the-perry-backstory-californias-political-stew.html
http://hunterforjustice.typepad.com/hunter_of_justice/2009/08/judge-ups-the-ante-in-prop-8-challenge-litigation.html
http://hunterforjustice.typepad.com/hunter_of_justice/2009/08/battle-lines-drawn-between-possible-coplaintiffs-in-gay-marriage-case.html
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8/5/09
(8) Inclusive ENDA Introduced in U.S. Senate for First Time
From HRC’s Press Release:
“WASHINGTON–
The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, hailed today the bipartisan, historic introduction of an inclusive Employment Non-Discrimination Act (ENDA) in the U.S. Senate. The bill would create federal protections against workplace discrimination based on sexual orientation and gender identity. The lead sponsors of the measure are Senators Jeff Merkley (D-OR), Susan Collins (R-ME), Olympia Snowe (R-ME) and Edward Kennedy (D-MA). …”
Click here to read the rest of the press release:
http://www.hrc.org/13271.htm
To learn more about ENDA, click here:
http://www.hrc.org/laws_and_elections/enda.asp
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8/4/09
(9) ABA Adopts Policy Recommendation Urging Repeal of Section 3 of DOMA
Click here to read GLAD’s press release:
http://www.glad.org/current/news-detail/aba-passes-resolution-urging-repeal-of-doma-sec-3/
Click here to read the recommendation and supporting report:
http://www.glad.org/uploads/docs/cases/aba-doma-sec3-resolution-08-2009.pdf
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8/4/09
(10) Census agrees to track married gay couples
To read Nan Hunter’s blog post about this development, see:
http://hunterforjustice.typepad.com/hunter_of_justice/2009/08/census-bureau-legal-memo-drops-former-doma-interpretation.html
The formal opinion letter of the General Counsel of the Department of Commerce is available here:
http://hunterforjustice.typepad.com/files/census-gc-doma-memo.pdf
Click here to read a WSJ article on this topic:
http://online.wsj.com/article/SB124537164093129827.html
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7/23/09
(11) “Watson-Spado Adoption Validated by Maine High Court, Reviving Former Lesbian Partner’s Claim on a Share of the IBM Fortune”
From Art Leonard’s blog:
“The Maine Supreme Judicial Court ruled on July 23 that the adoption of Patricia Spado by her then-same-sex-partner, Olive Watson, in 1991 was valid, reversing a Probate Court ruling that had threatened to derail Spado’s attempt to claim a portion of the trust established by Thomas J. Watson, Jr., son of the founder of International Business Machines (IBM). Adoption of Patricia S., 2009 WL 2195428. …”
To read the rest of the blog post, see:
http://newyorklawschool.typepad.com/leonardlink/2009/07/watsonspado-adoption-validated-by-maine-high-court-reviving-former-lesbian-partners-claim-on-a-share.html
Case citation: Adoption of Patricia S., — A.2d —-, 2009 WL 2195428 (Me. 2009)
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7/17/09
(12) NY Dist. Ct. Denies Medicaid Coverage for SRS
From Art Leonard’s blog:
“The NY State Health Department has a regulation barring the use of state medicaid funds to cover the cost of gender reassignment and related treatments. There have been several unsuccessful challenges to this over the years. … The latest disappointment was rendered by U.S. District Judge Charles J. Siragusa (W.D.N.Y.), in Ravenwood v. Daines, 2009 WL 2163105, issued on July 17. Judge Siragusa did a cut-and-paste opinion, quoting wholesale from a ruling last year by District Judge P. Kevin Castel (S.D.N.Y.), who rejected a similar challenge to the NY Medicaid Regulation, the infamous 18 N.Y.C.R.R. section 505.2(1). This provides that ‘payment is not available for the care, services, drugs for the purpose of gender reassignment (also known as transsexual surgery) or any care, services, drugs or supplies intended to promote such treatment.’ …”
To read the rest of the blog post, see:
http://newyorklawschool.typepad.com/leonardlink/2009/07/no-medicaid-for-sex-changes-in-new-york.html
Case citation: Ravenwood v. Daines, 2009 WL 2163105 (W.D.N.Y. 2009)
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7/15/09
(13) “New York Court Says It Has Jurisdiction to Dissolve a Vermont Civil Union”
From Art Leonard’s blog:
“A New York Supreme Court Justice has ruled that the Supreme Court’s general equity powers can be used to dissolve a Vermont civil union. While dismissing the divorce petition filed in B.S. v. F.B., 2009 Westlaw 2195786 (N.Y. Supreme Ct., Westchester County, July 15, 2009), Justice Sam D. Walker stated that the dismissal was without prejudice to the plaintiff’s right to file a new complaint seeking a dissolution of the civil union. …”
To read the rest of the blog post, see:
http://newyorklawschool.typepad.com/leonardlink/2009/07/new-york-court-says-it-has-jurisdiction-to-dissolve-a-vermont-civil-union.html
Case citation: B.S. v. F.B., — N.Y.S.2d —-, 2009 WL 2195786 (N.Y. Sup. Ct. 2009)
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7/8/09
(14) Massachusetts Files Lawsuit Challenging Section 3 of DOMA
Click here to read the NYTimes article about the filing:
http://www.nytimes.com/2009/07/09/us/09massachusetts.html?_r=3&ref=global-home
The complaint can be accessed here:
http://www.glad.org/uploads/docs/cases/comm-v-usdhhs-complaint-07-2009.pdf
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7/7/09
(15) D.C. Law Recognizing Out of State Marriages Between Same-Sex Couples Goes Into Effect
From the NYTimes:
“WASHINGTON (AP)—
An ordinance recognizing same-sex marriages<http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_sex_marriage/index.html?inline=nyt-classifier> performed in other states and countries went into effect Tuesday in the District of Columbia, and a member of the City Council said he planned to follow up with a measure to allow same-sex marriage in the city. …”
Click here to read the rest of the article:
http://www.nytimes.com/2009/07/08/us/08marriage.html
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6/23/09
(16) “Missouri Appeals Court Rejects Lesbian Co-Parent Custody and Child Support Claims”
From Art Leonard’s blog:
“A three-judge panel of the Missouri Court of Appeals, Western District, ruled on June 23 that a lesbian co-parent’s attempt to establish legal ties with the child born to her former partner could not be entertained on the merits under Missouri’s archaic family law, and that she also could not seek financial support from her former partner for the child whom she bore during their relationship. The court noted but never mentioned any significance of the fact that both children were conceived with sperm from the same anonymous donor, and thus they are biologically half-siblings. …”
To read the rest of the blog post, see:
http://newyorklawschool.typepad.com/leonardlink/2009/06/missouri-appeals-court-rejects-lesbian-coparent-custody-and-child-support-claims.html
Case citation: White v. White, — S.W.3d —-, 2009 WL 1748551 (Mo. App. Ct. 2009).
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6/23/09
(17) “Indiana Appeals Court Rules for Lesbian Mom on Grandparent Visitation Claim”
From Art Leonard’s blog:
“A unanimous three-judge panel of the Court of Appeals of Indiana ruled on June 23 in Matter of Visitation of C.LH., 2009 Westlaw 1765688, that a trial judge, Hendricks Superior Court Judge Karen M. Love, abused her discretion in ordering that the homophobic grandparents of a lesbian mother be given ten hours a month of visitation with their young grandson. Judge Edward W. Najam, Jr., wrote the opinion for the Court of Appeals. The opinion identifies all parties by their initials. …”
To read the rest of the blog post, see
http://newyorklawschool.typepad.com/leonardlink/2009/06/indiana-appeals-court-rules-for-lesbian-mom-on-grandparent-visitation-claim.html
Case citation: Matter of Visitation of C.LH., 908 N.E.2d 320 (Ind. App. Ct. 2009)
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6/17/09
(18) Obama Signs Memorandum Regarding Employment Benefits of Lesbian and Gay Federal Employees
THE WHITE HOUSE Office of the Press Secretary
FOR IMMEDIATE RELEASE
June 17, 2009
Fact Sheet: Presidential Memorandum on Federal Benefits and Non-Discrimination
In an Oval Office event later today, President Barack Obama will sign a Presidential Memorandum on Federal Benefits and Non-Discrimination. The Memorandum follows a review by the Director of the Office of Personnel Management and the Secretary of State regarding what benefits may be extended to the same-sex partners of federal employees in the civil service and the foreign service within the confines of existing federal laws and statutes. …”
To read the rest of the memo, see
http://hunterforjustice.typepad.com/hunter_of_justice/2009/06/what-the-president-will-announce-tonight.html
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6/15/09
(19) “Ga. Supreme Court overturns ban on kids seeing father’s gay friends”
“By SOUTHERN VOICE STAFF | Jun 15 2009, 10:51 AM
The Georgia Supreme Court tossed out part of a Fayette County court’s decision that kept a divorced gay father from allowing his children to interact with his gay friends, according to a ruling today from the state Supreme Court. …”
Click here to read the rest of the article:
http://www.sovo.com/thelatest/thelatest.cfm?blog_id=25756
Case citation: Mongerson v. Mongerson, 285 Ga. 554, 678 S.E.2d 891 (Ga. 2009)
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5/26/09
(20) [NY] “Legal Formalists Triumph in Appellate Division Defeat for Lesbian Mother’s Child Support Claim”
From Art Leonard’s blog:
“A sharply divided panel of the New York Appellate Division, 2nd Department, based in Brooklyn, ruled 3-2 on May 26 that a lesbian mother could not seek a child support order against her former partner in the Rockland County Family Court, because there is no specific statutory authorization for a proceeding to determine that a woman is a child’s parent. The ruling in H.M. v. E.T., 2009 Westlaw 1477264, reversed a ruling by Rockland Family Court Judge William P. Warren, who had ordered a hearing to determine whether E.T. should be precluded from denying a support obligation to the child whose birth she had planned with her partner. …”
To read the rest of the blog post, see
http://newyorklawschool.typepad.com/leonardlink/2009/05/legal-formalists-triumph-in-appellate-division-defeat-for-lesbian-mothers-child-support-claim.html
Case citation: H.M. v. E.T., 881 N.Y.S.2d 113 (N.Y.A.D. 2009).
Courtney G. Joslin
Acting Professor of Law
UC Davis School of Law, King Hall
400 Mrak Hall Drive
Davis, CA 95616-5201
Office: (530) 752-8325
Email: cgjoslin@ucdavis.edu
SSRN author page:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=993725
