Helping you understand this rapidly changing area of law
LGBT News...
GLAD is challenging DOMA again. This time in U.S. District Court in Connecticut. Representing 5 lesbian and gay couples and one widower, GLAD seeks to achieve another victory against DOMA in federal court.
The U.S. government is appealing the decision in GLAD's earlier case, Gill v. O.P.M.. In that case, the District Court ruled that DOMA violates the U.S. Constitution.
The government is also appealing the decision in Commonwealth of Massachusetts v. United States Department of Health and Human Services, et.al.
********************
The
U.S. District Court in California's ruled against Proposition 8. The
state of California is NOT appealing the decision. However, the
proponents of Prop 8 have filed an appeal with the 9th District Court of
Appeals. The question now is whether they have standing to appeal the
decision. The Court of Appeals has put the case on a fast-track and oral
arguments are scheduled for December 2010.
******************** Massachusetts, Connecticut, Vermont, New Hampshire and
Iowa allow
lesbian and gay couples to marry. There are 18,000 legally recognized
lesbian and gay marriages in California. New York and Maryland will
recognize lesbian and gay marriages from the five states
mentioned...even though you cannot get married in either of those
states.
********************
Three of the
Iowa Supreme Court justices who decided the Iowa marriage equality case
were defeated in the November election. The Democrats still hold the majority in the Iowa State Senate, so there is little hope for a ballot referendum on the issue of marriage equality in Iowa. A second DOMA case has been filed in the U.S. District Court of the Southern District of New York. The case, Windsor v. United States, is challenging DOMA. The plaintiff is the sole heir of her deceased spouse. The couple, together for 44 years, married in Canada in 2007. Because of DOMA, the surviving spouse, Edith Windsor, was required to pay $350,000 in federal inheritance tax. ********************
Find information
here on
legal issues affecting the LGBT community. Send me an email if you have
information about pending court cases or issues in your state. Email: lgbtlaw@mac.com
Joan M. Burda is the Award-winning author of: Estate Planning for Same-Sex Couples
(ABA 2004)
Her latest book is:
Gay, Lesbian and
Transgender Clients: A Lawyer's Guide (ABA 2008)
FOR MORE
INFORMATION OR TO FIND A LAWYER NEAR YOU:
Check the
Resources Page for links to LGBT organizations that may be able to assist
you in finding an LGBT lawyer in your area.
You may think talking to a lawyer is another expense you don't need, but
talking to one now is cheaper than trying to fix things later.
The law is different in every state. Talk to a lawyer, licensed in your
home state, before making decisions that may affect your legal rights.
PROTECT YOURSELF - AND YOUR FAMILY -- TALK TO A LAWYER WHO UNDERSTANDS THE UNIQUE LEGAL
NEEDS OF THE LGBT COMMUNITY..
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