At the ABA meeting in Hawaii last week the following resolution was passed: “RESOLVED, That the American Bar Association urges the Federal government, the states and territories, and local governments to enact legislation prohibiting discrimination on the basis of actual or perceived gender identity or expression in employment, housing and public accommodations.” The passage of...Read More

Law – Washington Post editorial provides clarity on Vermont-Virginia dispute is the headline from the Indiana Law Blog.”A Washington Post editorial today cuts to the essence of the Vermont-Virginia visitation dispute. A paragraph: As the Vermont Supreme Court understood, this dispute isn’t about whether Virginia is bound to honor same-sex unions.Read More

Same-sex adoptions are legal in Indiana, as Indiana Supreme Court declines to review an Indiana Court of Appeals decision. The Indiana Law Blog has an extensive report on the issue. Comment: In Kentucky we are reduced to encouraging our “brain drain” by advising clients to move across the river.Read More

The Vermont Supreme Court decided a jurisdictional custody dispute between partners to a Vermont civil union, which revolved around the Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act. The court rejected the argument that the federal Defense of Marriage Act might supersede either of those laws.Read More

Jeanne Hannah posted an article about the Washington State supreme court’s 5-4 decision today banning same-sex marriage on Updates in Michigan Family Law. This article contains links to the majority opinion, 2 concurring opinions, the dissent and 2 opinions concurring in the dissent.Read More

Add Nebraska and Tennessee to the list of states whose courts have upheld same-sex marriage bans. Source: Family Law Prof Blog.Read More

The same-sex custody case decided by the Kentucky Supreme Court is front page, headline news in the Courier-Journal. The Court of Appeals decision in B.F. v. T.D was digested here, and we will post yesterday’s Supreme Court Opinion and a digest of it shortly.Read More

“A lucidly written, intelligent analysis of the legal issues implicated in the debate over same sex marriage on Louisville Divorce” caught my eye at Online Guide to Mediation.Read More

From The Family Law Prof’s Blog: Commentary: Do State Constitutional Bans on Same-Sex Marriage Impact Domestic Violence Statutes and Unmarried Women? and Another Ohio Appellate Court Holds Domestic Violence Statute Unconstitutional under Ohio’s Defense of Marriage AmendmentRead More

The discussion of same sex marriage to date has focused on religious based preservation of the family, claims of gay bashing, threats to families, and accusations that a few judges and opportunistic mayors have decided they were above the law. The issue of same sex marriage is far more complex and before more polls are...Read More