Listen to the Supreme Court arguments on the issue of same sex marriage

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The U.S. Supreme Court still operates in relative secrecy. There are no cameras. There are no live feeds of the Court’s proceedings. If you want to hear it live, you have to stand in line and get a seat in the courtroom when an oral argument takes place. What the Court does do, is make the audio recordings of the …

Supreme Court Punts Again On Same-Sex Marriage

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Today the U.S. Supreme Court let stand appeals court rulings from five states that allow same-sex marriage.  It may seem odd to some folks not familiar with the workings of the court, but what it has done is made a decision by staying quiet.  By letting stand the decisions from those five states, the Court’s decision to not act clears the way …

Supreme Court on Prop 8

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What Does the U.S. Supreme Court’s Prop 8 Ruling Mean? Short answer:  Marriage ceremonies for same sex couples can resume in California. Now the long answer. . . In 2004 San Francisco began issuing marriage licenses to same sex couples, and same sex couples began marrying in San Francisco.  Those people and groups discontent with those marriages filed lawsuits to …

Child Custody: Presumed Parent Principle

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In an action for dissolution of a domestic partnership, the family law court awarded joint custody of the partners’ child.  C.P., who gave birth to the child, contends that a person other than the birth parent may not be awarded custody unless the birth parent is found to be unfit. C.P. and D.F, a same-sex couple living together in a …

Prop 8 Headed To U.S. Supreme Court?

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Now that the U.S. Court of Appeals for the Ninth Circuit has declined to conduct an en banc review of its earlier ruling invalidating California’s Prop. 8 — technically Perry v. Brown — the presumed next step is for the U.S. Supreme Court to take up the case.  I am not so sure that will happen? For those unfamiliar with …

Maryland Supreme Court Grants Divorce To Same Sex Couple Married In California

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Jessica and Virginia got married in 2008 in California during the brief period of time that same sex marriage licenses were being issued.  Two years later Jessica filed for divorce in Maryland.  The Maryland trial court refused to grant the divorce explaining in its written order that the marriage was “not valid” and “contrary to the public policy of Maryland.” …

Scholarly Article on 9th Circuit Prop 8 Ruling Published.

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Georgetown Law Professor Robin West has published A Marriage is a Marriage is a Marriage: The Limits of Perry v. Brown.  Here’s the abstract: The Ninth Circuit’s decision in Perry v. Brown, authored by Judge Reinhardt, has been widely lauded by marriage equality proponents for its creative minimalism. In keeping with commentators’ expectations, the court found a way to determine …