Reversing a ruling by the state’s court of appeals, the Illinois Supreme Court ruled on August 18 that the state’s statutory prohibition of common law marriage, enacted a century ago, still “precludes unmarried cohabitants [including same-sex couples] from bringing claims against one another to enforce mutual property rights where the rights asserted are rooted in a marriage-like relationship between the parties.” Although two different panels of the state’s intermediate court of appeals have rejected this … <Read More>
National Center for Lesbian Rights
Federal Court Applies U.S. v. Windsor Retroactively to Allow Lesbian Widow to Seek Pension Benefit
U.S. District Judge Phyllis J. Hamilton ruled on January 4 in Schuett v. FedEx Corporation, 2015 U.S. Dist. LEXIS 244, 2015 WL 39890 (N.D. Cal.), that the Supreme Court’s 2013 decision in U.S. v. Windsor, striking down Section 3, a key provision of the Defense of Marriage Act (DOMA), could be applied retroactively to allow Stacey Schuett, a lesbian widow, to sue her late spouse’s employer for a survivor annuity. Although the judge rejected a … <Read More>
Lesbian Co-Parent Seeks Expedited Supreme Court Review of Alabama Refusal to Recognize Adoption
Attorneys for V.L., the adoptive mother of children born to her former same-sex partner, have asked the U.S. Supreme Court (SCOTUS) to review an erroneous decision by the Alabama Supreme Court to refuse to recognize the adoption that was approved by the Georgia Superior Court, and have also asked SCOTUS to restore her visitation rights while the appeal is pending by suspending the Alabama Supreme Court’s order in the case. The petitions were filed on … <Read More>
Rogue Alabama Supreme Court Refuses to Recognize Georgia Co-Parent Adoption
Under the United States Constitution’s Full Faith and Credit Clause, a state court is supposed to recognize the judgments of courts from other states unless those courts did not have jurisdiction over the parties or the subject matter of the case. Asked to rule on whether an Alabama court must recognize a Georgia adoption decree involving a same-sex couple, however, the Alabama Supreme Court manufactured a jurisdictional issue in order to reverse a ruling by … <Read More>
LGBT Legal Organizations Call for Decriminalization of Sex Work as Federal Government Initiates Prosecution of Rentboy.com’s Owner and Employees
On August 20, leading LGBT rights legal organizations in the United States issued a joint statement supporting Amnesty International’s August 11 Resolution that advocates for the human rights of sex workers, including repeal of laws against prostitution. Just days later, on August 25, the U.S. Department of Homeland Security (DHS) raided the New York City offices of Rentboy.com, the world’s largest on-line escorting website, carted away boxes of business records and computers, and arrested the … <Read More>
Appellate Court of Illinois Recognizes Unjust Enrichment Cause of Action on Behalf Same-Sex Former Domestic Partner
The Appellate Court of Illinois ruled in Blumenthal v. Brewer, 2014 Il App (1st) 132250, 2014 Ill. App. LEXIS 904 (Dec. 19, 2014), that a state court judge who is the former same-sex partner of a physician can maintain a legal claim on the theory of unjust enrichment to seek compensation for her financial contributions towards the home they shared and the physician’s professional practice. The court found that legislative and common … <Read More>
3rd Circuit Rejects Constitutional Challenge to New Jersey’s Ban on “Conversion Therapy” for Gay Minors
A unanimous three-judge panel of the Philadelphia-based U.S. 3rd Circuit Court of Appeals decisively rejected a constitutional challenge to a New Jersey law that prohibits licensed therapists from performing “sexual orientation change efforts” (SOCE) — sometimes called “conversion therapy” — on persons under 18 years of age. The court rejected arguments that the law violates the freedom of speech and free exercise of religion of the therapist, in a September 11 opinion by Circuit Judge … <Read More>
A Second Florida Trial Judge Rules for Marriage Equality
Just days after Monroe County Circuit Judge Luis M. Garcia ruled that Florida’s constitutional and statutory bans on same-sex marriage violate the 14th Amendment, a second Florida trial judge, Sarah Zabel of Miami-Dade County, reached the same conclusion in Pareto v. Ruvin and State of Florida, No. 14-1661 CA 24, announced on July 25. As in the earlier case, Florida Attorney General Pam Bondi immediately responded by filing a notice of appeal, but Judge Zabel … <Read More>
Federal Magistrate Judge Declares Idaho’s Ban on Same-Sex Marriage Unconstitutional
They just keep on coming… Hard on the heels of last week’s ruling by a state court judge in Arkansas that the state’s ban on same-sex marriages violates both the state and federal constitutions, a U.S. Magistrate Judge in Boise has ruled in Latta v. Otter that Idaho’s ban violates the 14th Amendment Due Process and Equal Protection Clauses. Chief U.S. Magistrate Judge Candy Wagahoff Dale released her decision late on May 13, issuing an … <Read More>
Tennessee Federal Judge Orders State to Recognize Three Same-Sex Marriages
U.S. District Judge Aleta A. Trauger signed an order in Tanco v. Haslam, 2014 U.S. Dist. LEXIS 33463, on March 14 directing the state of Tennessee to recognize the same-sex marriages of three couples while their lawsuit is being considered by the court. Granting a motion for preliminary relief filed by the couples’ attorneys, Abby Rubenfeld of Nashville and the National Center for Lesbian Rights, Judge Trauger concluded that it was likely that the plaintiffs … <Read More>