Newly-elected Judge Sonya L. Heath of the 310th District Court of Harris County dismissed the Pidgeon case last week after ruling on competing final motions for summary judgment by either party. In 2013, the Houston Mayor directed that the City provide employee benefits to spouses in same-sex marriages, the same as spouses in heterosexual marriages. … Continue Reading
For most couples with children, a breakup in their relationship does not equate to losing their children. However, when it comes to same sex couples, particularly those who never married, there are legal barriers that prevent them from asserting their rights as parents to their children. In a recent case out of the Fourth Court … Continue Reading
Suzan and Kimberly McLaughlin, a married lesbian couple, conceived a child using artificial insemination with an anonymous donor in 2011. When the parties later separated in 2013, Kimberly began restricting Suzan’s access to the child. Suzan filed a lawsuit seeking to be recognized as a parent that same year. In April 2016, the trial court … Continue Reading
So, can a lesbian couple adopt a refugee kid through Catholic Charities of Fort Worth? Funny you should ask. When Fatma Marouf and Bryn Esplin, both attorneys and professors at Texas A&M University, learned that there were as many as 300,000 homeless or unaccompanied refugee children worldwide, they decided to adopt or foster one. They … Continue Reading
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
This week, the Corpus Christi Court of Appeals reversed a case out of Victoria regarding the rights of a same-sex nonparent. The trial court had dismissed the suit seeking parental rights filed by the nonparent spouse of a same-sex lesbian couple. Background: The couple was in a same-sex relationship and decided that one partner would … Continue Reading
I was fortunate to be asked to participate in the conversation on marriage equality leading up to and on June 26, 2015, the historic day when SCOTUS issued its Obergefell decision extending marriage equality to all and recognizing LGBT rights under the US Constitution. Here’s a run down of my media appearances leading up to … Continue Reading
Following up on my commentary on the decision, I had the opportunity to discuss the Supreme Court’s landmark ruling on same-sex marriage with Colin O’Keefe of LXBN. In the interview, I discuss the implications of the decision going forward and how it’s playing out here in Texas.… Continue Reading
In reflection on the historic June 26, 2015, where gay and lesbians won the right to marry whomever they wish in all 50 states including Texas, I am filled with happiness and sadness at the same time. I am happy for all of the people that now have access to the legal institution of marriage. … Continue Reading
With drama and historic significance, the US Supreme Court held today that same sex couples have a Constitutional right to marry. In so doing, they held that state bans against same sex marriage are unconstitutional. They also held that states must recognize marriages from other states. Technically, the decision won’t take effect until the mandate … Continue Reading
It is widely expected that the Supreme Court of the United States will issue their opinion in the Obergefell case defining the rights of same-sex couples to marry on Friday, June 26, 2015. The Supreme Court rarely announces the date upon which it will issue an opinion in a case and there are never any leaks of … Continue Reading
After a long 2 year wait, the Texas Supreme Court finally issued rulings in the two same-sex divorce cases pending before it. One involved two men from Dallas — In re JB and HB. The other involved two women from Austin — Naylor v. Daly. Unfortunately, we are no closer to understanding how married same-sex couples living … Continue Reading
June 12th is the anniversary of the 1967 US Supreme Court decision in Loving v. Virginia, which struck down laws in 16 U.S. states banning interracial marriage – mainly between blacks and whites. The US Supreme Court found that such laws restricting the freedom to marry solely based on racial classifications violated the equal protection … Continue Reading
On April 28, 2015, the Supreme Court of the United States held oral arguments in Obergefell v. Hodges – the combined group of 6 cases addressing the constitutionality of various states’ bans against same sex. Most Court watchers expect a ruling to come out by the end of June when the Court’s term ends. The … Continue Reading