By Lisa Keen on November 17, 2011
In what amounts to a bump in the road for opponents of Proposition 8, a unanimous California Supreme Court told a federal appeals court November 17 that California law “authorizes” the proponents of the initiative to defend it in federal court even though state elected officials decided not to.
Posted in Issues, Marriage/Relationships, News, State Supreme Courts
By Dana Rudolph on November 10, 2011
A state district court in Iowa heard arguments November 7 in a case to determine whether the child born to a lesbian couple married in that state has the right to have the names of both her parents on her birth certificate.
Posted in Cases, Lawsuits, State Courts
By Dana Rudolph on September 8, 2011
Many contentious lawsuits involving the rights of LGBT people have occurred when a biological parent uses anti-LGBT laws to try and deny a child’s non-biological parent custody or visitation. Several LGBT organizations have published a revised set of standards aimed at stopping such behavior.
Posted in Adoption, Issues, Marriage/Relationships, News, State Courts
By Lisa Keen on September 6, 2011
Proponents of Proposition 8 argued Tuesday that Yes on 8 must be granted standing to defend the California same-sex marriage ban in federal court; opponents argued Yes on 8 must be denied standing.
Posted in Issues, Law, Marriage/Relationships, News, State Courts
By Dana Rudolph on June 30, 2011
Five days after the New York State legislature legalized marriage for same-sex couples, LGBT civil rights supporters in New Jersey are asking the state courts to rule that the state constitution there guarantees same-sex couples marriage equality.
Posted in Issues, Law, Lawsuits, Marriage/Relationships, News, State Courts
By Dana Rudolph on April 7, 2011
The Arkansas Supreme Court unanimously upheld a lower court ruling that struck down the state’s ban on adoption and foster parenting by any person cohabiting with a sexual partner outside of marriage. The state high court said the law violates “fundamental privacy rights implicit in the Arkansas Constitution.”
Posted in Adoption, Issues, Law, Lawsuits, State Courts
By Dana Rudolph on March 23, 2011
The Arkansas Supreme Court heard arguments March 17 in a case to determine whether the state constitution will allow a law banning any person cohabiting with a sexual partner outside of marriage from adopting or foster a child. It is a case some legal observers expect could end up before the U.S. Supreme Court.
Posted in Adoption, Issues, Law, Lawsuits, News, State Courts, State Supreme Courts
By Dana Rudolph on March 17, 2011
The Delaware Supreme Court issued a ruling upholding the right of a woman to be identified as a “de facto” parent of a child she had been raising with her former same-sex partner—a child the partner adopted but that the woman herself did not.
Posted in Adoption, Issues, Law, News, State Courts, State Supreme Courts
By Lisa Keen on February 16, 2011
The road to marriage equality in California just got a little longer. The California Supreme Court said today it would make ruling on whether Yes on 8 proponents have authority, under California law, to appeal a federal court ruling that the initiative is unconstitutional.
Posted in Federal Courts, Issues, Law, Marriage/Relationships, News, State Courts, State Supreme Courts, U.S. Circuit Courts
By Dana Rudolph on February 12, 2011
Same-sex couples with adopted children living in states with anti-gay adoption laws and attitudes had more mental health issues in their first year of parenthood than couples with adopted children living in more accepting states, a new study has found.
Posted in Adoption, Issues, Law, News, State Courts
By Dana Rudolph on December 28, 2010
The North Carolina Supreme Court on December 20 voided the adoption by a lesbian mother of the child who she and her former partner, the biological mother, were raising together. The ruling jeopardizes the legality of all other such “second-parent adoptions” in the state.
Posted in Adoption, Issues, Law, Lawsuits, News, State Courts, State Supreme Courts
By Lisa Keen on November 2, 2010
All three Iowa Supreme Court justices up for retention this month have been given the boot. The vote sends a chilling message to other justices who face retention votes and must rule on the constitutionality of laws that adversely affect LGBT people.
Posted in Campaigns, Election 2010, Marriage/Relationships, News, Politics, State Courts, State Politics, State Supreme Courts
By Dana Rudolph on October 23, 2010
Florida Attorney General Bill McCollum announced Friday that he will not challenge a September 22 state appellate court ruling that overturned Florida’s ban on adoption by gay men or lesbians. This means the 33-year-old ban has ended.
Posted in Adoption, Issues, Law, Lawsuits, State Courts
By Dana Rudolph on October 13, 2010
Neither the Florida Department of Children and Families (DCF) nor Governor Charlie Crist will appeal a September 22 ruling that overturned the state ban on adoption by gay men or lesbians. But will state Attorney General Bill McCollum appeal on his own?
Posted in Law, Lawsuits, News, State Courts
By Dana Rudolph on September 23, 2010
Florida Governor Charlie Crist (I) and George Sheldon, head of the state’s Department of Children and Families (DCF), said they would no longer enforce the state ban on adoption by gay men and lesbians.
Posted in Adoption, Law, Lawsuits, News, State Courts
By Dana Rudolph on September 22, 2010
A Florida appeals court ruled September 22 that a gay man, Frank Martin Gill, has the right to adopt the two boys he and his partner have raised for almost six years. The decision upholds a lower court ruling that found the state law banning gay men and lesbians from adopting is unconstitutional.
Posted in Adoption, Issues, Law, Lawsuits, News, State Courts
By Lisa Keen on September 8, 2010
The California Supreme Court Wednesday night denied a petition from a conservative group seeking to force California Governor Arnold Schwarzenegger to participate in an appeal of the Proposition 8 case.
Posted in Lawsuits, News, State Courts, State Supreme Courts
By Dana Rudolph on July 29, 2010
The case of two gay foster parents in Florida has created a dilemma for the courts: either they honor state law banning adoption by gay men and lesbians or honor their duty to rule in the best interests of the children.
And beyond Florida, some LGBT experts and advocates think that adoption could be the next major target—after marriage equality—for opponents of LGBT civil rights.
Posted in A closer look, Adoption, Issues, Law, Lawsuits, News, State Courts
By Dana Rudolph on May 6, 2010
New York State’s highest court ruled this week that a non-biological mother has the right to seek custody and visitation of the child she and her ex-civil union partner planned for and created together. But the decision falls short of what many LGBT civil rights activists had hoped for.
Posted in Law, News, State Courts
By Chuck Colbert on March 3, 2010
A new law takes effect today in the nation’s capital, granting equal rights in marriage licensing for gay couples. Washington, D.C.’s marriage equality legislation becomes law in spite of a Herculean effort by opponents to block its implementation.
Posted in Issues, Law, Marriage/Relationships, News, State Courts
Five Top LGBT Supreme Court Cases–for now
Obama names three more gay ambassadors; nearly doubles Clinton’s LGBT appointments
DOJ nominee gets GOP booster
Immigration bill advances without provisions for same-sex couples
Leahy submits language to help bi-national same-sex couples
Delaware votes for marriage equality; becomes 11th state to make it the law