Archives: Marriage

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Common law marriage for same-sex couples

I still get questions about how Texas’ informal (aka common law) marriage statute applies to same-sex couples prior to the date that the Obergefell opinion was released. Remember that Obergefell found that the provisions of the Defense of Marriage Act prohibiting marriage between couples of the same sex are unconstitutional, thus legalizing same-sex marriage. The … Continue Reading

Same-sex marriage has highest approval rating in history

Gallup conducted their annual poll of Americans’ support for same-sex marriage. The results… 64% of Americans think same-sex marriage should be legal. This is the highest approval rating in US history. In 1996, when Gallup first conducted this poll, only 27% of Americans approved. This year’s poll also revealed that, for the first time, a … Continue Reading

Will Obergefell expand the definition of family in the wake of expanding marriage?

I ran across an interesting law review article from Susan Frelich Appleton out of Ohio State University’s Moritz College of Law called Obergefell’s Liberties: All in the Family. The article joins the debate about whether the Obergefell case only protects liberty against the interference by the state regarding the right to marry (public liberty) or … Continue Reading

Divorce, Custody, and Other Emerging Texas Family Law Issues After Obergefell

Yesterday I was honored to speak at the State Bar of Texas’ LGBT Section’s Impact of Marriage Equality on Texas Law continuing legal education seminar. My topic was Divorce, Custody, and Other Emerging Family Law Issues After Obergefell. My co-presenter was the most awesome Karen Langsley from Austin. One of the biggest issues that we … Continue Reading
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