Government announces more rights for same-sex couples

Attorney General Eric Holder released a memorandum that grants same-sex couples even more of the rights accorded to opposite-sex married couples, and clarifies certain situations for states that do not recognize same-sex marriage.
 

Love not H8.
Photo used under CC license from @Fibonacci Blue on Flickr.

The new rights include:
- The option to refuse to testify against one's spouse in court
- Rights for spouses of federal prisoners, including special visitation, furlough, and communication
- Benefits for programs run by the Justice Department
- Death benefits for spouses of public officers
For a more detailed explanation of these rights, please read this article by SCOTUSblog.

The New York Times noted that, while this is a big step to reduce discrimination against LGBTQ people, it does not go far enough. The government has yet to announce that federal contractors cannot make hiring decisions on the basis of sexual orientation or gender identity.

You can read the full text of Attorney General Holder's memorandum here (pdf).

New Hampshire Same-Sex Marriage Law Faces Challenges by State GOP

The Wall Street Journal's Law Blog reported that Republican lawmakers in New Hampshire are pushing to repeal the state's same-sex marriage law. The bill would define marriage as a "legally recognized union between one man and one woman" and would allow for civil unions defined as "a contractual agreement that provides reciprocal benefits and obligations to the parties of the agreement."


If the bill passes, Governor John Lynch (D) has promised to veto it. However, the Republicans still would be able to overcome the veto since they control both the state House and Senate. New Hampshire could become the first state to repeal a same-sex marriage bill. 


There are some members of the GOP in New Hampshire who are concerned about the potential backlash from repealing the same-sex marriage law and would rather focus on cutting spending and other pertinent issues. The New Hampshire House will need to vote by March 29, 2012, before it can be sent to the state Senate. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

House of Representatives in Washington State Vote Today on Same-Sex Marriage Bill

The Washington state House of Representatives will open the floor for debate this afternoon on the same-sex marriage bill that passed a week ago in the state Senate. 


Reuters has reported that the bill is expected to pass in the House where Democrats hold a big majority. The bill passed the Senate, which is also controlled by the Democrats, on a 28-21 vote. Gov. Christine Gregoire promised to sign the Washington state same-sex marriage bill after it clears the House, with "some speculat[ing] would lead to its enactment next Tuesday, Valentine's Day." Same-sex partners will be able to get married on June 7, 2012. 


However, opponents of same-sex marriage vowed to initiate the process to overturn the legislation should it pass by gathering the required number of signatures (241,153) from registered voters by July 6, 2012 in order to qualify for the November 2012 ballot. Washington voters would then have an opportunity to cast their vote either for an initiative that would either restrict the definition of marriage as between one man and one woman or a referendum for repeal of the same-sex marriage bill - a situation reminiscent of California's Proposition 8. The a 3-judge panel in the 9th Federal Circuit Court of Appeals ruled yesterday that Proposition 8 is unconstitutional - a ruling that could help supporters of same-sex marriage if the Washington state legislation is overturned by voters and challenged in court. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Federal Appeals Court Ruling: California Ban on Same-Sex Marriage is Unconstitutional

The Boston Globe reported that a three-judge panel of the 9th U.S. Circuit Court of Appeals held that California's same-sex marriage ban is unconstitutional and that the lower court "correctly interpreted the U.S. Constitution and Supreme Court precedents when [the judge] declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians." Fifty-two percent of California's voters passed Proposition 8, the law that banned same-sex marriage in the state, during the November 2008 election, igniting public interest around the country.

As of now, it remains unclear when same-sex marriages will be permitted again in California. There was a five-month window before the November 2008 elections where same-sex marriage had been legalized in the state and those marriages have been upheld by the the California Supreme Court.  Opponents of same-sex marriage have vowed to appeal this decision to a bigger 9th Circuit panel and even the U.S. Supreme Court.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Mass. Appeals Court Holds Same-Sex Parents Share Parenting Role in Della Corte v. Ramirez

The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.

In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Senate in Washington State Approves Same-Sex Marriage Bill

Washington state inches closer to becoming the seventh state to legalize same-sex marriage, according to a report by CBS News. The measure was passed by the state senate after an hour and a half of debate on the floor Wednesday evening. Four Republicans voted with the majority Democrats in support of the bill on a 28-21 vote. The public gallery was "packed" and "burst into applause" when the bill passed. 


The bill moves on to the House where it is expected to pass and Gov. Chris Gregoire said she will sign it into law. The language of the legislation states that 9,300 couples who are registered as domestic partners would have a two-year window to get married or dissolve their domestic partnership with the deadline set at June 30, 2014. Domestic partnerships will then automatically become marriages. Senior couples where at least one partner is 62 years old or older would be permitted to continue as registered domestic partners in order "to help seniors who don't remarry out of fear they could lose certain pension or Social Security benefits." 


Opponents of same-sex marriage are gearing up to file a referendum against the legislation should the bill be signed into law. They have until June 6, 2012, to obtain 120,577 required signatures to move forward with the referendum. If opponents are able to meet that requirement, same-sex couples would have to wait for the results of the November 2012 election before being able to marry legally. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Washington State Poised to Legalize Same-Sex Marriage

The Associated Press reported that Washington will legalize same-sex marriage now that the state legislature has enough votes to pass the measure. If the bill passes, gay and lesbian couples will be permitted to get married as early as June 2012.

Opponents of gay marriage vow to file a referendum to challenge the bill once it is signed into law by Gov. Chris Gregoire. They will need to gather 120,577 signatures by July 6, 2012. The National Organization for Marriage has pledged to fight same-sex marriage laws in Washington state by announcing it will spend $250,000 "to help fund primary challenges to any Republican who crosses party lines to vote for same-sex marriage in Washington state."

However, a recent University of Washington poll revealed that support for same-sex marriage has increased in the state, with 43 percent of respondents supporting gay marriage, while 22 percent support "giving identical rights to gay couples but just not calling it marriage." The poll found that if the same-sex marriage bill passed, 55 percent  of respondents said "they could vote yes to uphold the law" while 38 percent would vote to against it.

Washington will join Massachusetts, New York, Connecticut, New Hampshire, Iowa, Vermont and the District of Columbia as the seventh state to allow same-sex marriage.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Guidance for Immigration Asylum Cases Involving LGBTI Individuals

The USCIS has released a new training module called "Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims." The guidance has been in the works for two years in cooperation with Immigration Equality, a national organization that advocates for equality under U.S. immigration law for LGBTI and HIV-positive individuals .

The training module provides appropriately sensitive and helpful questions for officers to use and provides instructions on what types of questions should be avoided; LGBTI-specific examples of harm that constitute persecution in an individual's home country; possible one-year filing deadline exceptions (such as recently "coming out"); and instructions on how to deal with various complex issues (such as understanding that cultural norms in the LGBTI community in the individual's home country may differ from those in the U.S.; that LGBTI applicants are not required to meet pre-conceived stereotypes or "look gay" - a common issue that has arisen in asylum cases in the past; and that former opposite-gender marriages does not mean that the applicant is not lesbian or gay).

The Guidance Introduction said "Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual to discuss some of the most sensitive and private aspects of human identity and behavior - sexual orientation, gender identity, and life-threatening illness." The new training module will provide attorneys, advocates, and immigration officers with a government guideline similar to those issued for other types of asylum claims.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.