Family Law Research Guide

In persuading the Supreme Court that same-sex couples have a constitutional right to marry, the LGBT rights movement has achieved its most important objective of the last few decades. Throughout its history, the marriage equality movement has been criticized by those who believe marriage rights were a conservative cause overshadowing a host of more important issues. Now that nationwide marriage equality is a reality, everyone who cares about LGBT rights must grapple with how best to promote the interests of sexual and gender identity minorities in a society that permits same-sex couples to marry. This book brings together 12 original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights? After Marriage Equality explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, anti-discrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences.

America's Struggle for Same-Sex Marriage chronicles the evolution of the social movement for same-sex marriage in the United States and examines the political controversies surrounding gay people's quest for access to the civil institution of marriage. The book focuses on the momentous events that began in November 2003, when the Massachusetts Supreme Judicial Court declared unequivocally that the state's conferral of marriage only on opposite-sex couples violated constitutional principles of respect for individual autonomy and equality under law. The decision both triggered a political backlash of national proportion and prompted officials in Massachusetts, San Francisco, Multnomah County, Sandoval County and New Paltz to issue marriage licenses to same-sex couples. The volume relies on in-depth interviews to provide an insider account of how courts, politicians, and activists maneuver and deal with a cutting-edge social policy issue, as well as real-life narratives about everyday people whom the debate immediately affects.

America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.

This edited volume in American constitutionalism places the Supreme Court's declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court's developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court's affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court's recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.

The right of same-sex couples to marry provoked decades of intense conflict before it was upheld by the U.S. Supreme Court in 2015. Yet some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the story of how an idea that once seemed unfathomable--and for many gays and lesbians undesirable--became a legal and moral right in just half a century.

In her first book, Before I Do, leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations couples should address before tying the knot. With cameos from some of the most prominent LGBT family law professionals, Schwartz explains all of the implications of marriage from name changes and getting a license to taxes, insurance, social security, and much more.

From an American law perspective, this text grapples with a topical debate that we're all familiar with - the fight for marriage equality - but moves the discussion forward significantly by focusing on the larger social and political issues that are at play in marriage and family law.

This Colorado CLE covers the following topics: Civil unions, DOMA, and Prop 8 : what we know, and what we don't know / Ann Gushurst -- Legal status of same-sex relationships / Norvell E. Brasch -- Estate planning for same-sex couples / Marilyn W. McWilliams -- Serving families in a changing legal landscape / Ted C. Tow III -- Keynote address [no text] / Pat Steadman -- Marriage, civil union, or ...? / Rich Harris, Javed M. Abbas -- Civil union dissolutions : considerations inside and outside the courtroom / Tawni L. Cummings -- Division of benefits in same-sex break-ups : assisting clients in a complex and unsettled area / Kristi Anderson Wells

Over the past two decades, same-sex couples raising children have become more visible within US political and popular culture. Thanks to widely circulated images of well-mannered, well-dressed, and well-off two-parent families, a select number of LGBT-identified parents have gained recognition as model American citizens. In Familiar Perversions, Liz Montegary shows how this seemingly progressive view of same-sex parenting has taken shape during a period of growing racial inequality and economic insecurity in the United States. This book evaluates the recent successes of the "family equality" movement, while asking important questions about its relationship to neoliberalism, the policing of sexual cultures, and the broader context of social justice organizing at the turn of the twenty-first century.   Montegary's investigation of the politics of LGBT family life takes us on a journey that includes not only activist events and the courtrooms where landmark decisions about same-sex families were made, but also parenting workshops, cruise ships, and gay resort towns. Through its sustained historical analysis, Familiar Perversions lays critical groundwork for imagining a queer family movement that can support and strengthen the diverse networks of care, kinship, and intimacy on which our collective survival depends.

The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks, rich in symbolic, material and cultural meanings. While fiercely opposed by many, within mainstream narratives they are often represented as a victory in a legal reform process that commenced with the decriminalisation of homosexuality. Yet, at the same time, for others they represent a problematic and ambivalent political engagement with the institution of marriage. Consequently, understood or labelled as 'revolutionary', 'progressive' and 'conservative', these legal reforms provide a space for thinking about issues that arguably affect everyone, regardless of sexual orientation or relationship status. This edited collection brings together scholars and commentators from a range of backgrounds, generations and disciplines to reflect on the first ten years of civil partnerships and the introduction of same-sex marriage. Rather than rehearsing the arguments 'for' and 'against' relationship recognition, the essays ask original questions, draw on a variety of methods and collectively provide a detailed and reflective 'snap shot' of a critical moment, a 'history of the present' as well as providing a foundation for innovative ways of thinking about and engaging with the possibilities and experiences arising from the new reality of relationship recognition for gays and lesbians.

Same-sex marriage has become one of the most volatile issues in American politics. But if most young people support gay marriage, and if there are clear indicators that a substantial majority of the population will soon favor it, why has the outcry against it been so strong? Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of the modern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited.

Argues that cultural conceptions of children - and childhood - played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the "procreation argument," the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

Family questions after Obergefell v. Hodges : what now? / Rachel Catt, Karen Langsley -- Hate crimes : the Matthew Shepard story and recent changes to the law [slides] / Jeremy Shaver, Stanley L. Garnett, Jason St. Julien -- The status of transgender rights in bathrooms, the military, health care, schools and other institutions / Lauren Fontana, Sarah Parady, Emma Shinn, Sam Anderson -- An LGBT retrospective ; where we have been; where we are ... where we might be headed : an historical perspective / Patrick "Pat" Steadman -- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission / Mark Silverstein -- Are we hurtling toward the abyss 140 characters at a time? : the President and Twitter / Melissa Hart, Kyle C. Velte -- Who said marriage is between a man and a woman? : a panel presentation [slides] / Amanda Henderson, Andrea Stanton, Joseph Black

Love Unites Us brings together firsthand accounts from the attorneys and advocates who brought the historic cases that secured the freedom to marry for American same-sex couples. It comprises the history of activists' passion and persistence in the struggle for marriage rights for same-sex couples in the United States, told in the words of those who waged the battle. With compelling stories from leading attorneys and activists, Love Unites Us explains how gay and lesbian couples achieved the right to marry in the United States.

In June 2015, the Supreme Court made same-sex marriage the law in all fifty states in a decision as groundbreaking as Roe v Wade and Brown v Board of Education. Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love--and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John--who was dying from ALS--flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim's name on John's death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him.

Queer Activism After Marriage Equality focuses on the implications of legal same-sex marriage for LGBTQ social movements and organizing. It asks how the agendas, strategies, structures and financing of LGBTQ movement organizations are changing now that same-sex marriage is legal in some countries. Building on a major conference held in 2016 entitled "After Marriage: The Future of LGBTQ Politics and Scholarship," this collection draws from critical and intersectional perspectives to explore the questions and issues facing the next chapter of LGBTQ activism and social movement work. It comprises academic papers, international case studies, edited transcripts of selected conference sessions, and interviews with activists. These take a critical look at the high-profile work of national and state-wide equality organizations, analyzing the costs of winning marriage equality and what that has meant for other LGBTQ activism. In addition to this, the book examines other forms of queer activism that have existed for years in the shadows of the marriage equality movement, as well as new social movements that have developed more recently. Finally, it looks to examples of activism in other countries and considers lessons U.S. activists can learn from them. By presenting research on these and other trends, this volume helps translate queer critiques advanced during the marriage campaigns into a framework for ongoing critical research in the after-marriage period.

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

This book sheds light on regional, national, and individual-level factors that have led to major developments for same-sex relationship equality in Latin America and explores institutional, political, and social barriers for same-sex couples in the region. The first section of the book deals with general aspects of same-sex rights and policies in the Americas; including public opinion regarding same-sex marriage, diffusion of policy innovations for same-sex couples, judicialization of LGBT rights, and the role of the left in support of same-sex rights in Latin America. The second section examines country-cases regarding same-sex policies in Latin America and includes separate chapters on Central America, Argentina, Mexico, Colombia, and Uruguay.

A renowned legal scholar tells the definitive story of Hollingsworth v. Perry. Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. The Hollingsworth v. Perry trial, which legalized same-sex marriage in our most populous state, interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights.

Written by two advocates intimately involved in the struggle for marriage equality, this book reveals the untold story of how a grassroots movement won hearts and minds and transformed a country. It is based on personal memories and more than forty interviews with key figures and everyday advocates from across Australia. It covers the movement's origins in 2004, when the Marriage Act of 1961 was amended to exclude same-sex couples, through to the unsuccessful High Court challenge, a public vote in 2017 and the Parliamentary aftermath.