The Institute for Marriage and Public Policy: Strengthening marriage for a new generation http://www.marriagedebate.com The Institute for Marriage and Public Policy Summary of Court Cases in U.S. and Abroad http://www.marriagedebate.com/pdf/iMAPP-Brief-SSM-Cases.pdf http://www.marriagedebate.com/pdf/iMAPP-Brief-SSM-Cases.pdf Tue, 02 May 2012 10:00:00 EST 1) RADTKE V. MISCELLANEOUS DDRIVERS & HELPERS UNION LOCAL #368 HEALTH, WEFLARE, EYE & DENTA FUND, Civil File No. 10-4175, U.S. District Court, District of Minnesota, April 2, 2012 (validity of marriage involving person who transitioned from one sex to another); 2) DIAZ V. BREWER, No. 10-16797, U.S. Court of Appeals for the Ninth Circuit, April 3, 2012 (law rescinding domestic partner benefits to public employees); 3) REBER V. REISS, 2012 PA Super 86, Pennsylvania Superior Court, April 11, 2012 (post-divorce ownership of embryos); 4) JO D. V. RONNIE C., B229344, California Court of Appeals, Secend Appellate District, March 19, 2012 (support obligation of sperm donor); 5) STUBING V. GERMANY, Application no. 43547/08, European Court of Human Rights, April 12, 2012 (validity of law barring incest); 6) CATES V. SWAIN, No. 2010-ca-01939-COA, Mississippi Court of Appeals, April 17, 2012 (implied contract between cohabitants); 7) J.C.M. V. A.N.A., 2012 BCSC 584, British Columbia Supreme Court, April 23, 2012 (division of sperm bank deposits on divorce); 8) Recent Law Review Articles (topics: sharia law); 9) News Stories (topics: marriage solemnization by clergy, sperm donor paternity); 10) Legislation (topics: conscience clause in adoption placements). http://www.marriagedebate.com/pdf/MarriageLawDigest.Apr.2012.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Apr.2012.pdf Tue, 02 May 2012 10:00:00 EST 1) REVELIS V. NAPOLITANO, Case No. 11 C 1991, U.S. District Court, Northern District of Illinois, January 5, 2012 (constitutionality of DOMA in immigration context); 2) SOPHY V. COMMISSIONER OF INTERNAL REVENUE, 138 T.C. No. 8, U.S. Tax Court, March 5, 2012 (deduction cap for unmarried couples); 3) HOLST-KNUDSEN V. MIKISCH, Docket No. A-3596-10T1, New Jersey Appellate Division, March 6, 2012 (name change following divorce); 4) RICHARDS V. BROWN, 2012 UT 14, Utah Supreme Court, March 13, 2012 (requirements of common law marriage); 5) A V. B & C, [2012] EWCA Civ 285, England Court of Appeal, March 14, 2012 (three parent custody); 6) Recent Law Review Articles (topics: immigration, proposition 8); 7) News Stories (topics: joint motherhood); 8) Legislation (topics: same-sex marriage). http://www.marriagedebate.com/pdf/MarriageLawDigest.Mar.2012.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Mar.2012.pdf Mon, 02 Apr 2012 10:00:00 EST 1) DELLA CORTE V. RAMIREZ, No. 11-P-451, Massachusetts Court of Appeals, February 2, 2012 (maternity presumption). 2) FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATE.COM, No. 09-55272, U.S. Court of Appeals, Ninth Circuit, February 2, 2012 (limitation on roommate advertisement). 3) PERRY V. BROWN, No. 10-16696, U.S. Court of Appeals, Ninth Circuit, February 7, 2012 (constitutionality of California Marriage Amendment). 4) WALDEN V. CENTERS FOR DISEASE CONTROL AND PREVENTION, No. 10-11733, U.S. Court of Appeals, Eleventh Circuit, February 7, 2012 (firing of counselor for declining to counsel regarding same-sex relationship). 5) BROWN V. HERBERT, Case No. 2:11-CV-0652, U.S. District Court, District of Utah, February 3, 2012 (procedural motions in challenge to polygamy ban). 6) DIXON V. UNIVERSITY OF TOLEDO, Case No. 3:08 CV 2806, U.S. District Court, Northern District of Ohio, February 6, 2012 (employee fired for statement against same-sex marriage). 7) BULL V. HALL, [2012] EWCA Civ 83, England & Wales Court of Appeal, February 10, 2012 (bed and breakfast declined accommodation to unmarried couples). 8) GOLINSKI V. U.S. OFFICE OF PERSONNEL MANAGEMENT, No. C 10-00257, U.S. District Court, Northern District of California, February 22, 2012 (constitutionality of Defense of Marriage Act). 9) GARDEN STATE EQUALITY V. DOW, Docket No. MER-L-1729-11, New Jersey Superior Court, Mercer County, February 21, 2012 (challenge to legislature's enactment of civil unions rather than same-sex marriage). 10) ROWELL V. SMITH, Case No. 08JU-10-13850, Ohio Court of Common Pleas, Franklin County, February 27, 2012 (dispute between biological mother and former partner). 11) Recent Law Review Articles (topics: online marriages, Proposition 8 decision). 12) News Stories (topics: pet custody). 13) Legislation (topics: same-sex marriage). http://www.marriagedebate.com/pdf/MarriageLawDigest.Feb.2012.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Feb.2012.pdf Thu, 08 Mar 2012 10:00:00 EST 1) EMMANUEL TEMPLE V. ABERCROMBIE, Civ. No. 11-00790, U.S. District Court, District of Hawaii, December 30, 2011 (religious exemption for civil unions); 2) GARTNER V. IOWA DEPARTMENT OF PUBLIC HEALTH, Case No. CE 67807, Iowa District Court, Polk County, January 4, 2012 (listing same-sex spouse as parent on other spouse's child's birth certificate); 3) BREIT V. MASON, Record No. 0337-11-1, Virginia Court of Appeals, December 28, 2011 (parentage of sperm donor); 4) BERNSTEIN V. OCEAN GROVE CAMP MEETING ASSOCIATION, OAL DKT. NO. CRT 6145-09, New Jersey Office of Administrative Law, January 12, 2012 (discrimination claim for use of church facility); 5) OPINION 11-87, New York Advisory Committee on Judicial Ethics, December 8, 2011 (judge's ability to decline to conduct same-sex marriages); 6) BENSON V. ALVERSON, A11-811, Minnesota Court of Appeals, January 23, 2012 (dismissal of constitutional challenge to Minnesota marriage statute by same-sex couple); 7) E.C. V. J.V., C064745, California Court of Appeal, Third Appellate District, January 19, 2012 (presumption of maternity); 8) WARD V. POLITE, Nos. 10-2100/2145, U.S. Court of Appeas, Sixth Circuit, January 27, 2012 (counseling student's religious objection to counseling unmarried couples); 9) DRAGOVICH V. U.S. DEPARTMENT OF THE TREASURY, No. C 10-01564, U.S. District Court, Northern District of California, January 26, 2012 (motion to dismiss challenge to DOMA); 10) News Stories (topics: Israeli immigration marriages). http://www.marriagedebate.com/pdf/MarriageLawDigest.Jan.2012.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Jan.2012.pdf Wed, 01 Feb 2012 06:00:00 EST 1) BANZHAF V. GARVEY, Docket No: 11-343-EI, District of Columbia Office of Human Rights, November 29, 2011 (application of discrimination laws to single-sex dorms); 2) MUSSA V. PALMER-MUSSA, No. COA11-209, North Carolina Court of Appeals, December 6, 2011 (validity of marriage in light of previous ceremonial marriage); 3) LOWE V. STARK COUNTY SHERIFF, No. 09-3942, U.S. Court of Appeals, Ninth Circuit, December 8, 2011 (validity of incest laws); 4) HENRY V. RED HILL EVANGELICAL LUTHERAN CHURCH OF TUSTIN, G044556, California Court of Appeals, Fourth District, December 9, 2011 (religious school firing employee for cohabitation); 5) S.Y. V. S.B., C065700, California Court of Appeals, Third Appellate District, December 9, 2011 (presumed parenthood status); 6) IN RE ADOPTION OFJ.P., 2011 Ark. 535, Supreme Court of Arkansas, December 15, 2011 (stepparent adoption); 7) KEETON V. ANDERSON-WILEY, No. 10-13925, U.S. Court of Appeals, Eleventh Circuit, December 16, 2011 (counseling student removed from program for moral objections); 8) A.G.R. V. D.R.H., Docket #FD-09-001838-07, Superior Court of New Jersey Hudson Vicinage, December 13, 2011 (custody dispute from surrogacy arrangement); 9) IN THE MATTER OF Q, [2011] EWCA Civ 1610, England & Wales Court of Appeal (Civil Division), December 21, 2011 (adoption of child born as result of affair); 10) LOWY V. LOWY, A-0472-10T4, New Jersey Appellate Division, December 21, 2011 (constitutionality of mandated get); 11) T.M.H. V. D.M.T., Case No. 5D09-3559, Florida District Court of Appeal, Fifth District, December 23, 2011 (parentage claim for two mothers); 12) IN THE INTEREST OF S.N.V., No. 10CA1302, Colorado Court of Appeals, December 22, 2011 (presumption of maternity in adultery); 13) Recent Law Review Articles (topics: Jewish marriage law, marriage in public schools, presumption of parentage, Islamic marriage law, Proposition 8); 14) News Stories (topics: alienation of affections); 15) Legislation (topics: weddings by military chaplains) http://www.marriagedebate.com/pdf/MarriageLawDigest.Dec.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Dec.2011.pdf Sat, 07 Jan 2012 06:00:00 EST The recent polygamy trial in British Columbia brought together a group of distinguished scholars to document harms of polygamy, including Joseph Henrich, a psychology professor at the University of British Columbia, Rose McDermott, a political science professor at Brown University, Shoshana Grossard, an economics professor at San Diego State University, Rebecca Cook, a law professor at the University of Toronto, Dena Hassouneh, a nursing professor at Oregon Health & Sciences University, and Susan Stickevers, a medical doctor at the Stony Brook University Medical Center. The judge's ruling (http://www.courts.gov.bc.ca/jdb-txt/SC/11/15/2011BCSC1588.htm) thus offers quick access to the empirical Case Against Polygamy, which this brief summarizes. http://www.marriagedebate.com/pdf/iMAPP.Nov2011.Polygamy.pdf http://www.marriagedebate.com/pdf/iMAPP.Nov2011.Polygamy.pdf Tue, 06 Dec 2011 11:00:00 EST 1) S.H. V. AUSTRIA, Application No./ 57813/00, European Court of Human Rights, November 3, 2011 (validity of Austria's ban on sperm and egg donations for IVF); 2) JONES V. KERNOTT, [2011] UKSC 53, United Kingdom Supreme Court, November 9, 2011 (property division in cohabitation); 3) MOON V. MICHIGAN REPRODUCTIVE & IVF CENTER, No. 299623, Michigan Court of Appeals, September 29, 2011 (discrimination against single persons); 4) PERRY V. BROWN, S189476, California Supreme Court, November 17, 2011 (standing to defend California marriage amendment); 5) REFERENCE RE: SECTION 293 OF THE CRIMINAL CODE OF CANADA, 2011 BCSC 1588, British Columbia Supreme Court, November 23, 2011 (validity of law criminalizing polygamy); 6) Recent Law Review Articles (topics: marriage and religious liberty). http://www.marriagedebate.com/pdf/MarriageLawDigest.Nov.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Nov.2011.pdf Mon, 05 Dec 2011 11:00:00 EST 1) BAMBURG V. BAMBURG, 2011 Ark. App. 546, Arkansas Court of Appeals, September 21, 2011 (validity of restriction on overnight visits with unmarried partner when exercising child visitation); 2) IN THE EX PARTE MATTER BETWEEN WH AND OTHERS, Case No. 29936/11, South African North Gauteng High Court, Pretoria, September 27, 2011 (validity of surrogacy contract); 3) MYERS V. MYERS, 2011 UT 65, Utah Supreme Court, October 21, 2011 (cohabitation after divorce); 4) ML V. RWB, Case No. FD08P01237, UK High Court of Justice Family Division, October 10, 2011 (dispute regarding artificial insemination agreement); 5) Recent Law Review Articles (topics: polygamy); 6) News Stories (topics: Jewish get, gay custody dispute); 7) Legislation (topics: domestic partnership). http://www.marriagedebate.com/pdf/MarriageLawDigest.Oct.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Oct.2011.pdf Tue, 01 Nov 2011 11:00:00 EST 1) DIAZ V. BREWER, No. 10-16797, U.S. Court of Appeals, Ninth Circuit, September 6, 2011 (constitutionality of law rescinding domestic partner benefits for state employees); 2) AGDEH V. OKLAHOMA, No. 11-6171, U.S. Court of Appeals, Tenth Circuit, September 8, 2011 (constitutionality of polygamy law); 3) NEW JERSEY V. FEELEY, Docket No. A-0115-10T3, New Jersey Appellate Division, September 14, 2011 (constitutionality of female-only ban on topless sunbathing); 4) SCHMIDT V. ALASKA, Case No. 3AN-10-9519 CI, Alaska Superior Court, September 19, 2011 (constitutionality of tax exemption for married couples as applied to same-sex couples); 5) LUI V. HOLDER, No. 2:11-CV-01267, U.S. District Court, Central District of California, September 28, 2011 (validity of same-sex marriage for immigration purposes); 6) News Stories (topics: religious organization employment policies regarding marriage); 7) Legislation (topics: domestic partner benefits and state contracts). http://www.marriagedebate.com/pdf/MarriageLawDigest.Sept.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Sept.2011.pdf Tue, 06 Sep 2011 13:00:00 EST 1) T.V. V. NEW YORK DEPARTMENT OF HEALTH, 2011 NY Slip Op 06229, New York Appellate Division, Second Department, August 9, 2011 (constitutionality of surrogacy laws); 2) CATHOLIC CHARITIES V. ILLINOIS, 2011-MR-254, Illinois Circuit Court, Seventh Circuit, August 18, 2011 (religious adoption agency placement with unmarried couples); 3) LATHAM V. SHCWERDTFEGER, 282 Neb. 121, Nebraska Supreme Court, August 26, 2011 (in loco parentis status for partner of child's mother); 4) Recent Law Review Articles (topics: DOMA and child custody); 5) News Stories (topics: baby-selling); 6) Legislation (topics: parentage) http://www.marriagedebate.com/pdf/MarriageLawDigest.August.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.August.2011.pdf Fri, 05 Aug 2011 13:00:00 EST 1) IN RE MULLEN, 2011-Ohio-3361, Ohio Supreme Court, July 12, 2011 (shared custody petition by unmarried partner of child's mother); 2) DICKERSON V. THOMPSON, 511849, New York Appellate Division, Third Department, July 22, 2011 (dissolution of Vermont civil union); 3) Recent Law Review Articles (topics: equal protection, privacy). http://www.marriagedebate.com/pdf/MarriageLawDigest.July.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.July.2011.pdf Fri, 05 Aug 2011 10:00:00 EST As of July 1, 2011, all but seven states have concluded their legislative sessions for 2011. This legislative year has seen significant action on foundational questions of the meaning of marriage with important bills considered in at least fourteen states. This brief examines three types of bills related to marriage: (1) proposals to amend state constitutions to define marriage as the union of a man and a woman, (2) bills that would redefine marriage to include same-sex couples and (3) bills that create civil unions, an alternative legal statuses to provide the benefits of marriage to unmarried couples under a different term. http://www.marriagedebate.com/pdf/iMAPP.July2011-Legislature.pdf http://www.marriagedebate.com/pdf/iMAPP.July2011-Legislature.pdf Fri, 01 Jul 2011 19:00:00 EST CHRISTIANSEN V. CHRISTIANSEN, 2011 WY 9, Wyoming Supreme Court, June 6, 2011 (divorce from Canadian same-sex marriage); IN RE ZIVIELLO-HOWELL, 11-22706-A-7, U.S. Bankruptcy Court, Eastern District of California, May 31, 2011 (application of DOMA in bankruptcy petition); IN RE BALAS & MORALES, Case No. 2:11-bk-17831, U.S. Bankruptcy Court, Central District of California, June 13, 2011 (application of DOMA in bankruptcy petition); PERRY V. SCHWARZENEGGER, No. C 09-02292, U.S. District Court, Northern District of California, June 14, 2011 (recusal of judge in same-sex marriage case); ROWELL V. SMITH, 2011-Ohio-2809, Ohio Court of Appeals, Tenth District, June 9, 2011 (dispute between mother and former partner over child); APPLING V. DOYLE, Case No. 10-CV-4434, Wisconsin Circuit Court, Branch 11, June 20, 2011 (application of state marriage amendment to domestic partnership status); Recent Law Review Articles (topics: same-sex marriage); News Stories (topics: Dutch marriage commissioners, paternity and adultery); (topics: parentage, same-sex marriage, civil unions) http://www.marriagedebate.com/pdf/MarriageLawDigest.June.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.June.2011.pdf Fri, 01 Jul 2011 11:00:00 EST In court cases challenging the definition of marriage in the United States, a prominent claim is that same-sex marriage is a fundamental right. This brief provides excerpts from cases from non-U.S. jurisdictions that have weighed in on this claim and found that there is no right to same-sex marriage in the relevant legal charters the courts were assessing. It also notes court decisions that have relied on the organic law of the nation to mandate a redefinition of marriage. http://www.marriagedebate.com/pdf/iMAPP.June2011-International-Courts.pdf http://www.marriagedebate.com/pdf/iMAPP.June2011-International-Courts.pdf Mon, 06 Jun 2011 19:00:00 EST May topics include: ROMER V. FREIE, Case C-147/08, European Court of Justice, May 10, 2011 (discrimination complaint regarding differential retirement pension for employees in life partnerships and marriages); IN RE SOMERS, Case No. 10-38296, U.S. Bankruptcy Court, Southern District of New York, May 4, 2011 (application of DOMA in bankruptcy petition); PRATTEN V. BRITISH COLUMBIA, 2011 BCSC 656, British Columbia Supreme Court, May 19, 2011 (anonymity of sperm donors); IN THE INTEREST OF A.F.J., Docket Number 63919-6, Washington Court of Appeals, May 16, 2011 (de facto parenthood in foster care); IN RE M.C., B222241, California Court of Appeals, Second District, May 6, 2011 (three legal parents for a child); J.A.S. V. BUSHELMAN, 2010-SC-000045-MR, Kentucky Supreme Court, May 19, 2011 (paternity of child born as result of adultery); S.M. V. C.R., NYLJ 1202494607706, New York Supreme Court, Suffolk County, May 18, 2011 (divorce from out-of-state same-sex marriage); Recent Law Review Articles (topics: tradition, parentage determinations); News Stories (topics: same-sex marriage in Costa Rica); Legislation (topics: parentage, civil unions) http://www.marriagedebate.com/pdf/MarriageLawDigest.May.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.May.2011.pdf Mon, 06 Jun 2011 11:00:00 EST This April 1st marked the tenth anniversary of same-sex marriage in the Netherlands, the first country in the world to recognize same-sex unions as marriages. This paper briefly assesses two questions: What has the demand for same-sex marriage turned out to be among same-sex couples? And how is marriage as an institution faring generally? Marriage as a social institution is in general decline among many if not all European nations, and this brief does not attempt to address causality. http://www.marriagedebate.com/pdf/iMAPP.May2011-rev.pdf http://www.marriagedebate.com/pdf/iMAPP.May2011-rev.pdf Tue, 17 May 2011 13:30:00 EST April topics include: ARKANSAS DEPARTMENT OF HEALTH V. COLE, 2011 Ark. 145, Arkansas Supreme Court, April 7, 2011 (constitutionality of restriction on adoption by cohabiting couples); SMITH V. GUEST, No. 252, 2010, Delaware Supreme Court, March 14, 2011 (de facto parenthood); ADAR V. SMITH, No. 09-30036, U.S. Court of Appeals, Fifth Circuit, April 12, 2011 (amended birth certificate for unmarried adoptive parents); CATHOLIC CARE (DIOCESE OF LEEDS) V. CHARITY COMMISSION FOR ENGLAND AND WALES, CA/2010/0007, Charity Tribunal, April 26, 2011 (tax exemption for charity that places children only with married couples); Recent Law Review Articles (topics: same-sex marriage and children); Legislation (topics: marital preference in adoption). http://www.marriagedebate.com/pdf/MarriageLawDigest.Apr.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Apr.2011.pdf Tue, 03 May 2011 08:15:00 EST On April 22, 2011, a commentator writing on the Los Angeles Times' website claimed that "DOMA forces the federal government to discriminate against same-sex married couples and to treat their families as unworthy of protection or respect. A law that serves only to designate some families as second-class citizens has no principled defense."[1] Much the same view was expressed by Attorney General Eric Holder in announcing the Obama administration's refusal to defend the Defense of Marriage Act in federal litigation, and similar claims are being made by the Human Rights Campaign and others in an effort to intimidate a law firm whose partner, former Solicitor General Paul Clement, agreed to defend the federal Defense of Marriage Act (DOMA). http://www.marriagedebate.com/pdf/iMAPP-Brief-DOMA.pdf http://www.marriagedebate.com/pdf/iMAPP-Brief-DOMA.pdf Mon, 25 Apr 2011 13:30:00 EST March topics include: R. V. DERBY CITY COUNCIL, No. 2008-CA-002420-MR, [2011] EWHC 375 (Admin), England and Wales High Court of Justice, Queen's Bench Division, February 28, 2011 (denial of ability to provide foster care because of religious beliefs); GOLINSKI V. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, No. C 10-00257 JSW, U.S. District Court, Northern District of California, March 16, 2011 (health insurance coverage for same-sex spouse); SCHNEIDER V. SCHNEIDER, No. 06 CH 6157, Illinois Court of Appeals, Second Division, March 15, 2011 (sanctions for refusal to grant get); Recent Law Review Articles (topics: legal theories for same-sex marriage, same-sex divorce, Proposition 8); News Stories (topics: forced marriages) http://www.marriagedebate.com/pdf/MarriageLawDigest.Mar.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Mar.2011.pdf Thu, 31 Mar 2011 08:15:00 EST http://www.marriagedebate.com/pdf/MarriageLawDigest.Feb.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Feb.2011.pdf Wed, 02 Feb 2011 17:00:00 EST The majority of courts to consider the issue, as well as the majority of people voting on it, have rejected a right to same-sex marriage. http://www.marriagedebate.com/pdf/iMAPP.Jan2011-2-american-courts.pdf http://www.marriagedebate.com/pdf/iMAPP.Jan2011-2-american-courts.pdf Mon, 31 Jan 2011 09:30:00 EST http://www.marriagedebate.com/pdf/MarriageLawDigest.Jan.2011.pdf http://www.marriagedebate.com/pdf/MarriageLawDigest.Jan.2011.pdf Mon, 31 Jan 2011 09:30:00 EST