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).

Thank you, Edie Windsor! DOMA struck down

Today is a momentous day! The Supreme Court announced that the Defense of Marriage Act (DOMA) caused "injury and indignity" to same-sex couples, and struck it down. The entire opinion is available here. Glickman Turley LLP is cheering this decision, and we are thrilled that the Supreme Court chose the right result. We are ready to help you through the legal impacts on your life!

This ruling will have great impact on many people's lives, and here are just a few of the ways:

Federal taxes: Now, same-sex couples will be able to get all the same marriage-related benefits and tax opportunities available to opposite-sex couples. This is what Edie Windsor's case was about-- she was contesting the fact that she had to pay estate taxes on the money her wife willed to her, when an opposite-sex spouse would have gotten an exemption based on marriage. Call us to discuss your estate plan and to investigate the ways this ruling may change it.

Immigration: One of the easiest ways to get a green card is through marriage to a U.S. citizen. Previously, same-sex couples could not qualify for this. Now, same-sex spouses of U.S. citizens should be eligible to apply for legal permanent resident status and eventually citizenship, the same as opposite-sex spouses of U.S. citizens. Glickman Turley lawyers are excited to help you and your same-sex spouse file for a family-based immigration visa.

Government benefits: Now, same-sex spouses will be able to receive government benefits available to opposite-sex spouses, such as veteran's benefits and Social Security survivor benefits.

Adoptions: Unfortunately, this opinion may not do much to change the requirement that same-sex spouses must adopt their own children. Glickman Turley has years of experience with co-parent adoptions, and we can still advise you on this process.

Visit this WaPo poll to voice your opinion and see others' reasons for cheering the decision!

Contact us today to discuss the changes this opinion may have on your life. 

Same-Sex Spouses and Immigration: Obama Administration Strives to Change Discrimination

The Obama administration continues to make strides to change long-standing discrimination in immigration law. Read about the suspension of deportation/removal of an illegal Irishman married to his US citizen husband. It is important to note that as this point no particular DHS has not granted any immigration benefits to same-sex spouses of US citizens, however, this case and others show that DHS may close removal proceedings in certain cases. We eagerly await more changes in policy that will allow same-sex spouses of US citizens to be successful in their affirmative applications for immigration relief for their spouses. Until then, contact our attorneys to to schedule a consultation and learn about current policy as related to LGBT issues and immigration law.

http://www.irishcentral.com/news/Gay-married-illegal-Irishman-has-his-deportation-suspended--163155386.html#ixzz21AWESfdw


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, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Visas and Same-Sex Spouses of US Citizens

The federal government continues to take important steps to ensure equality for all people in the US. Recently, the Board of Immigration Appeals issued four decisions that indicate that the US government should issue visas for same-sex spouses of US citizens. This is a huge victory for countless LGBT families who are excluded from the benefits of family-based immigration. See the Board decisions at http://www.aila.org/content/default.aspx?docid=40271.  Stay tuned with Glickman Turley LLP on the progress of this important issue!

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, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Federal District Court in New York Holds DOMA Unconstitutional

The U.S District Court in the Southern District of New York found that the Defense of Marriage Act (DOMA) is unconstitutional, taking its cues from a recent First Circuit decision holding the same.

Edith "Edie" Windsor and the late Thea Spyer married in 2007 in Canada after living together for 44 years. Spyer died in 2009, leaving her property to Windsor. In a heterosexual marriage, the decedent's estate would have passed to the spouse without any estate tax. Here, Windsor had to pay over $363,000 in estate taxes because DOMA prevents the recognition of same-sex marriages for federal purposes.

For more on this story, click here.

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, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

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.

New Jersey Senate Votes To Approve Same-Sex Marriage

The New York Times reported that the New Jersey Senate voted to legalize same-sex marriage after a similar bill failed two years ago. The measure passed 24 to 16. The State Assembly will vote on the same-sex marriage bill Thursday, February 16, 2012. If the measure passes, Gov. Chris Christie, a Republican, has promised to veto it and supports putting the issue to a referendum. 

If Gov. Christie vetoes the bill, the New Jersey state legislature would be able to override the veto with approval of two-thirds of the state House and Senate. 

Seven states and the District of Columbia have legalized same-sex marriage, including Washington state where Gov. Chris Gregoire signed the bill earlier this week. 

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.

Congressmembers Urge Immigration Officials to Consider LGBT Family Ties in Deportation Cases

As reported by Immigration Equality (immigrationequality.org), some members of Congress urged immigration officials to consider LGBT (lesbian, gay, bisexual, transgender, transexual) family ties in deportation cases.

Under current immigration laws, US citizen and green card holders with same-sex spouses do not have the same right as heterosexual spouses in petitioning for marriage-based visas or other derivative based relief (for example, asylum) or using marital status as a positive equity in deportation/removal cases.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigraiton matters, as well as LGBT issues. We represent families who need help in same-sex co-parent adoptions and non-traditional family estate planning.  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 ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, guardianships, animal law, or LGBT legal matters.