Archives: LGBT Legal Cases

After the Breakup: Same Sex Couples with Children

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

Equal Parent Benefits for All Couples

By Karri Bertrand on April 4, 2018 Posted in In the Media, LGBT Legal Cases, LGBT parenting issues, Marriage, Uncategorized

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

Lesbian Couple Disqualified from Adopting Refugee Child

By Karri Bertrand on March 14, 2018 Posted in Adoption, In the Media, LGBT Legal Cases, LGBT parenting issues

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

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

By Michelle O'Neil on March 22, 2017 Posted in LGBT Legal Cases, Marriage, Who is a parent?

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

Corpus Christi Court of Appeals reverses dismissal of LGBT non-parent’s custody case

By Michelle O'Neil on August 31, 2016 Posted in LGBT Legal Cases

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

Marriage Equality – being part of the conversation

By Michelle O'Neil on July 8, 2015 Posted in In the Media, LGBT Legal Cases

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

Video Interview: Discussing the Supreme Court’s Same-Sex Marriage Ruling with LXBN TV

By Michelle O'Neil on July 6, 2015 Posted in In the Media, LGBT Legal Cases

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

Rome wasn’t built in a day; neither will LGBT equality. But we have the cornerstones.

By Michelle O'Neil on June 27, 2015 Posted in LGBT Legal Cases

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

Marriage Equality – The Whole Enchilada!

By Michelle O'Neil on June 26, 2015 Posted in LGBT Legal Cases

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

Expected marriage equality decision on Friday, June 26

By Michelle O'Neil on June 24, 2015 Posted in LGBT Legal Cases

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

Texas Supreme Court opinions on same sex divorce

By Michelle O'Neil on June 19, 2015 Posted in LGBT Legal Cases

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

Loving Day, June 12th – is Obergefell Day next?

By Michelle O'Neil on June 15, 2015 Posted in LGBT Legal Cases

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

Waiting on Obergefell v. Hodges on constitutionality of same sex marriage

By Michelle O'Neil on May 19, 2015 Posted in LGBT Legal Cases

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